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i yyhole wVfl. TO I . nv nr.otii.r. howaud, i.n-iMisW v.-re-k1y at 7w jv?y '."J nrr yrar. if l'-dd j;1 advance or, v-- ;u tii'1 expiration of tho subscription yv:.r. I):"i:'l' 'il less than a year, 7'a-m f '.; rr lV. "'H i ' ' ' ' ' ea. Suh.scnher arc it HhcrJv to ' IV-i'i'io at any tii:i ", on giving notice thereof f''V-uyr arrears those residing at n distance 211 .JjVi'riaMv iv i" advance, or give a rcpon ?V rnVrrni-.-"i.i this vicinity. " ' Vl,rt;..!;ir:its .t rx.-t i-.l i ;i fr a s..p,ar(- will he ,-(rtfl l '',''r iT:ii insertion, and Ci ' -.t-i'f.'r cwrv c-mtiuiianec. linger ndvortise r ''ri7s in like i-pr!i.!i. Court Orders and .Iii- "lt. . i .. n..,Mink nrr Civil, lii .r'.inr A ,1 l.rt'inients must ho marked tho nui.ihcr of in--'.r'ion-s required, or they will ho continued until pilionviso onlorov. nr.,I charge, a,v Vttrrs addressed to l!io SMit r or !hov nmy nothe attended to rdingl v. must he pest JSZ.lxJ.( fr.i--Jl ..3S BY AUTHORITY. bv tub rr.r:s::r.NT or tiic uxitkd sr.Ti:s or ami::;k-a. A PROCLAMATiOX: WhtukAs. a (nrral Convention of Tcare. Frimd.-.hip. ('oinni'U'co, and Xavi raiion between the United States of Amer ica and tho P(.TU-!oiivinn Confederation was concluded and signed at Lima, on the thirtieth day of November, one thousand elpt hundred and thirty-six; which Con vention is word for word ;'S follows. GenerulConvcnlion nf pence, Feicri(?Mh j Commerce and Xnirct! imi between j At' Unilcd Stales of . I mcriea aiw lhe Peru Pi oil el a n Cjnjlu'era n. The United States of America and the Feru-Holivian Confederation desiring to make firm and pertnanent the peace and friendship which happily subsist between them; have resolved to fix, in a clear, dis tinct, and positive manner, the rules which shall, in future, he religiously observed be tween tlt2 one and the other, bv means of a treaty, or general convention of j peac?, friendship, commerce, and naviga-' tiort. ! For this desirable purpose, the President j of the United States of America h is eon-j ferred full powers on Samuel Lamed, j Charge d f aires of the said Stales near the' Government of Peru: and tiic Supreme! Protector of the north and south Peruvian Styes President of the Republic of Boliv ia, enchared with the direction of the for eign relations of I he Prru-Holivinn Confed eration, lm; conferred like powers on John fnrcia del I'm), Minister of State in the B'piriir.ent of Finance of the north Peru vian State; who, after having exhibited to ether tlHr respective full powers, iuuud to he in due and prop T form, and I'xHi-ingcd certified copies thereof, have !jjn-eil to tiic following articles, to wit: Art. i. There shall lie a perfect, firm and inviolable peace, and sintcre friendship, 'o'twrea the United States of America and the Peru-P):)liviiiu Confederation, in all the extent of their respective territories and possessions, and b.uween their people and I cihz'.'iis, respectively, widiout uisliuctiou ct persons or places. Art. ir. The United States of America and the Peru-Bolivian Confederation d'i- r'nS to live in peace and harntony, as well j iih ench other as with all t'ne nations ol dearth, Iiy mcms of a policy frank, and cq-ia!Iy friendly with all, eoic, mutua! lv' nd to cotr-edc an y partieuiar favor to o;lier nations, iii respoct of commerce and Jav'tion, which shail not imsnediately nocome common to the other party to this !ea'y; who shall enjoy the same freely, concession was freely mado, or on al Q'.vinthc same compensation, if the con cion was conditional. Ait. nr. The two hih contracting; par- ICs being likewise desirous of placing the jmmcrec and navii; itioii of their respec 'lvc countries on the liberal basis of pcr lo,t equality wjth the most favored nation. m'Jlually airrcc that the citizr.s of each ,nay frequent with their vessels, all the rWs and countries of the other, and may jcsideaad trade there in all kinds of pro- UcC; manufactures, and merchandise, not t'iibitcd to all; and shall pay no other or "jJSiicr duticf?, charges or fees, whatsoever, jthcr on their vessels or cargoes, than the fizcns or subjects of the most favored na- arc, or shall be obliged to pay on their Vessels or cargoes: and they shall enjoy, rwpectively, all the rights, privileges," and Cx-raptions, in navigation and commerce, hich the citizens or subjects of the most ,ayorcd nation do or shail enjoy; they sub luting themselves to the laws", decrees, & !1M;es there established, to which such cit Ues or subjects are of rigbt subjected. it is understood that the stipulations tained in this article do not include the pasting trade of either of the two coun sncs; the regulation of this trade being re- ;rve(i by the parties, respectively, accor J."5 to niCjr own separatc laws. rr;or05 sll I,, , jV- 'J "likewise aSrccJ, that it ,J1 a,PS and other citizens of u,un r,c? to manage, themselves, subject to thejurisdietion of each oilier, . s u'c lw.th respect to the consignment !e of their goods and merchandise, as the purchase of their returns, unloadin-r, !.., p' swiumi; on oi iiieir voxels i isc citizens of neither of the contracting parties sliall he liable to any embark. 7 'o bo detnmed with their vessels, cargoes, "icrclnndisc, or effoots, fcP any military 'pedit!on, nor for any public or private purpose whatever, without boins: allowed M.-ivlorc a" sufidcient maemtiiii;itiun. Aeil.aer shall th :y be called upon for any hirced loan, or occasionally cont-ihmioo ' nor be subject to mill Tr " 'a : iT.i-i, uu laiiuui 'n. v. ncnevcr the citiz ns of cith er oi the. contracting jiarties shall be forced o seek refuge, shelier, or relief, in the riv ers, bays, ports, and dominions of the odi or, with their vessels, whether of war, (public or private,) of trade, or employed m the fisheries, through stres of weather, want of water or provisions, puruit of pi rates or en mies,they sliail be received and treate 1 with humanity; & all favor and protection sh dl be given to them, in the repairing of their vessels, procuring of sup plies, and placing of themselves i i a condi tion to pursue their voyage, without obsta cle or hinderanre. Art. vi. All ships, merchandise, and effects belonging to citizens of one of the ... , If. I eoniracting p uuies, which may l captu- red by pirates, whether on the hih seas, ! "4 " 1111111 llK jurisdiction, and j ,t. ...111,;., ii... i:.. ..i-.. . i- , . may be earned or I u:id, .n the r. vers, ,() iVoni one place bclon-ing to an enemy, part of the blockading forces, she. shall ro.ds, .m-s, pori.sor d.mn:ons ..f the oth t ;v,urkv pLi-c belonging to an enemy, again attempt to enter; but she shall be er, snail he thdivercd up to the owner.-, j Vvhe her they he under t!iV jurisdiction oil permitted to go to any other port or place t.iov proving, in due and proper f.rm, their (1lc p.nvcr, or ndcr that of several. An.ilihi master or supercargo shall think prop n Jits betore the competent tribunals; it : it is hereby stipulated, that f. ee ships shall!' r. Nor shall anv vessel of either party, bung understood lh.it. the claim should besivc freedom to goods; and that every i that may have entered into such port or made within the term ol two ears, by ,u.,lt s,;1i )n deempd tn hp frro onij ov. ! nlace. before thn snm wa notnallv IipsIpt. me pirties themselves, their attorneys, or tho agents of their respective Govern ments. Art. vii. Whenever any vessel belong ing to the citizens of cither of the contrac ting parties sliall be wrecked, founder, or sutler damage, on the coasts, or within the dominions of the other, all assistance audi protection shdl be given to the siid ves el, her crew, and the merchandise on board, in the same manner as is usual and customary with vessels of the nation where the accident happens, in like cases; anil it shall be permitted to her, if necessary, to unload the merchandise and ctfeefs on inward, with tho proper precautions to pre vent their illicit introduction, without ex acting, in tiiis case, any duty, impos', or contribution, whatever, provided the same he exported. Art. viii. The citizens of each of the contracting parties shall have power to dispose of their personal effects within the! luris iiction ol the ether, bv s do. donation. 1 testament, or otherwise; an i ho;r represen-1 t.itiv-'S being eilizens of the other nartv-. ha!l succeed to their said personal cifects. J whether by testament or ah intcst:t. and may tawe possession thereof, either them-' selves, or by others acting for them, and ; the above stipulation, it shall always be un-j meet a neutral of the other contracting par dispose of t'ne same at. their will, pay ing j derstood that the neutral property found on j ty, the first shall remain at the greatest sueii dues only as the inhabitants of the ' board of such enemy's vessel shall be held distance compatible with the possibility and country wh -aid effects are shall hesub-jand ject to pay in like cases And if, in d heirs ;diouh! the ; ease of real estate the saul heirs should be ; . . ' . . . oreventcd lrom cnterinir into noss'-ssion o! i . 1 the iuheritmee on account of their charac ter as aliens, there shall be granted to tli-.ni the term of three years in which to dispose of th.e same, ns they may think proper, and to withdraw the proceeds, which they may do without obtaclcj and exempt from all charges, save those which are imposed by the laws of the country. Art. ix. Both the contracting parties solemnly promise and engage to give their special'proteetion to 1 lie persons and prop erty of the citizens of each other, of all classes and occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice, for their judicial re course, on the same terms as are usual and customary with the natives or citizens of the country in which they may be; for which purpose they may employ, in de fence of their rights, such advocates, solic itors, notaries, agents, and factors, as they may judge proper, in all their trials at law; and such citizens or agents shall have free opportunity to be present at the decisions nnd sentencesof the tribunals, in all cases that may concern them; and, likewise, at the takingof all evidence and examina tions that may be exhibited in the said tri als. And, to render more explicit, and make more effectual, the solemn promise and en gagement herein before mentioned, under circumstances to which one of the parties thereto has heretofore been exposed, it is hereby further stipulated and declared, tu.t oil ihe rights and privileges which are now enjoyed by, or may hereafter be con. forrcd on, the citizens of one of the con. f Edgecombe Count?, X. C.) Saturday, A s7tM1:n,Iianll,1S, bv o111 virtucofthe Con - anf awsoftf.cotiicr, respective- ct,.ti i , .... , w "eme(i and tieid to belong to, d adhere in, them, until such rights and) vueges shall have been abrogated or! wnnurawn by an authority onnsiitntimvillv , - , - - -'.-v. M,n.u." .;ni .uc ocMegeu or oiock- or lau tolly competent thereto. a led, which are actually attacked by a Alt x. It is likewise agreed, that per-! f.jjvc capable of preventing the entry of the ''t and entire liberty of conscience shall! neutral. beonpyed, by the citizens of both the .con- Art. Xv. The articles of contraband, raetmg partaes, in the countries subject to; of those before enumerated and clarified tbo pirisdietion ol the one and the other,! which may b2 found in a vessel .bound for without their being liable to be disturbed ! an enemy's port, shall be subject to de or molested on account of their religious ' t union and confiscation; but the rest of the iK'liei so long as they respect the laws and j cargo and the ship shall be left free, that established usages of tho country. j the owners may dispose of them as they see Moreover, the bodies of the citizens oft proper. No veselof eilherfiheco itracting r contracting parties, who may U .ln 'h rritor.es of .he other, shall b i nnii in m luiia ... . :.. ... .n,, umjiiiuumi. ur in WLl ulmv.1 ueemariu suitaoie places, and shall : ocj protected 1mm violation or disturbance. up the articles of contraband to the captor, Art. xi. It shall ba lawful for the citizens! u i!ess, indeed, the quantity of such articles of the United S'ates of America and of the! be so gre it, and of so large a bulk, that Peru-Bolivian Confederation, to sail with ; they cannot be received on board the captu thcir ships, with all m inner of liberty and : ring vessel without great inconvenience; security; no distinction being to be made: but in this, and all other cases of just de who are the proprietors of the merchandise j temiou, the vessel detained shall be sent iulen tlurein, from any port or places j to the nearest convenient and safe port for whatever, to the ports and places of those! trial and judgment according to law. who are now, or hereafter shall be, at en-! Art. ;vr. And whereas it frequently miiy with either of the contracting parties T .,!. 1 1 !M t 1 i- i r . i . iv. .-it. .ii tiueu ise oo lawun lor me citizens aforesaid to sail with th ships & merchan dise before mentioned, & to trade, with the same liberty and security, from the places, ports, an ! havens of those who are enemies of both, or of cither nartv. without anv npp osiuon of disturbance whatsoever; not only directly from the places of tho enemy beiorc mentioned to noutra! nlaci-s. hna! - empt, which shall be found on board ofthe;cd, blockaded, or invested by the other, snips belonging to tlie citizens oi cither oe restrained lrom quitting it, Willi her of the contracting parties, altho' the wholej cirgo; nor if found therein before or after lading, or any part thereof, should apper-jthe reduction and surrender, shall such tain to the enemies of either; goods contra- vessel, or her cargo be liable to seizure, band of war being always excepted. It is confiscation, or any demand on the score also agreed, in like manner, that the same' of redemption or restitution; but the oVn liberty shall be extended to persons who'.crs thereof shall be allowed to remain in a re on board of a free ship, with thisciTect, tliat. althcugn they be enemies to both or cither of the parties, they shall not be taken out of that free ship, unless they are officers or soldiers, aud in the ac tual service of the enemy: Provided, however, and it is hereby further agreed, that the stipulations in this article contain ed, declaring lhat the flag shail cover the property, shall be understood as applying to those powers only who recognise this principle; but if either of the contracting parties shall be at war with a third, and the other be neutral, too (lag ol the i:eu tral shall cover the property of thoc cne- mies whose Governments acknowledge this principle, and not that of others. Art. xn. It is likewise agreed, that in cases where the ncut al 11 ig of one of the contracting parlies shall protection proper tv ol the enemies ol the other, in virtue ol considered as enemy's property, and as such, shall be liable to detention and con-) fiscation, cxccptsuch property as was put . t i l if .i l.l on board sucn vessels ueioie me ueciaiauon of war, or even afterwards, il it were done without the knowledge of such declaration: but the contracting parties agree, tnai six mouths having elapsed after the declara tion, their citizens shall not be allowed to j plead ignorance thereof. On the contrary if the (lag ol the neutral does not protect the enemy's property on board; in this case, the goods and merchandise of the neutral, embarked in such enemy's ship, shall be free. Art. xin. This liberty of navigation and commerce shall extend to all kinds of merchandise by excepting only those which are distinguished by the name of contra band, ov prohibited goods; Under which name shall be comprehended, 1st, can nons, mortars, howitzers, swivels, blun derbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lancets, spears, halberds, grenades and bombs: pow der, matches, balls, and all other things belonging to the use of these arms; 2dly, bucklers, helmets, breastplates, coats of mail, infantry belts, and clothes made up in a military form, and for a military use; 3dly, cavalry belts, and horses with their furniture; 4thly, and generally, alNdndsof arms and instruments of iron, steel, brass, and copper, or of any other materials manu fbctured, prepared, and formed expressly for the purposes of war, either by sea or land. Art. xiv. All other merchandise and things not comprehended in the articles of contraband, explicitly enumerated and clas sified as above, shall be held and con- si dercd as free, and subjects ot tree and lawful commerce; so that they may be car- ried and transported in the freest manner "list 3. 1831) j !v hot, t!,o contracting parties, even to places bolonKin2to an enemv. exceotin- ii . only those places which arc. at that time besied or blockaded: and to avoid al doubt iu this particular, it is declared, that ttwun ..1 i i i 1 . .i. am! to avoid a parties shad he detained on the high seas, mi account of haviog on board articles of ,"iuiaoanu, wncnever the master, captain. i , or supercargo of said vessel will deliver j happens that vessels sail for a port or place iii . . . . . , 1 . neiomrnr to an enemv. witnout knowing iongitt io an that the same is besieged, blockade I or in vested, it is agreed that every vessel so cir cumstanced may he turned away from such port or place. !Tut shall not be detained; nor shall any part of her cargo, if not contra band, be confiscated, unless, after being warned of such blockade or investment, by the commandite otll-Prnfi vrw formitu, the undisturbed possession of their proper- i ty. And it any vessel, having thus enter ed the port before the blockade took place, shall lake on board a cargo after the block ade be established, and attempt to depart, she shall be subject to being warned by the blockading forces to return to the nort blockaded and discharge the said cargo; and if, after receiving said warning, the vessel shall persist in going out with the cargo, she shall he liable to the same con sequences to w hich a vessel attempting to enter a blockaded port, after being warned olf by tiic blockading forces would be liable. Art. xvit. To prevent all kinds of dis order and irregularity in the visiting and examining ot tne ships and cargoes ot both the contracting parties on the high seas, they have agreed, mutually, that whenev- . er a vessol ot war, public or private, shall : safety ol making the visit, under the cir- cumstanccs ol wind and sea, and the de gree ci suspicion aucnuing me vessel to oe . . I .a 1 . I visited, and shall. send one of her small boats, with no more men than those neces sary toman it, for the purpose of executing the said examination of the papers concern ing the ownership and cargo of the vessel, without causing the least extortion, vio lence, or ill-treatment; in respect of which, the commanders of said armed vessels shall be responsible, with their pers-onsand property; for which purpose, the comman ders of said private armed vessels shall, be fore receiving their commissions, give suf ficient security to answer for all the inju ries ami damages they may commit. And it is expressly agreed, that the neu tral party shall in no case be required to go on board of the examining vessel, for tlie purpose of exhibiting the ship's papers, nor for any other purpose whatever. Art. xvni. To avoid all vexation and abuse in the examination of the papers re lating to the ownership of the vessels be longing to the citizens of the contracting parlies, they have agreed, and do agree, that, in case one of them should be enga ged in war, the ships and vessels of the oth er must be furnished with sea-letters, or passports, expressing the name, property, and burden of the ship, as also the name and place of residence of the master or commander thereof, in order that it may thereby appear that the said ship really and truly belongs to the citizens of one of the parlies. They have likewise agreed, that such ships, being laden, besides the said sea-letters or passports, shall be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed; so that it may be known whether any contraband or pro- Ihibitcd goods arc on board of the same; Vol. XV. JN o.3i. . which certificates shall be made out by tho officers of the nlaec whenrp ihn shin sailed. in the accustomed lorm: without which re quisites the said vessel may be detained, to be adjudged by the competent tribunals, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, or to be satisfied or supplied by testimony entirrly equivalent, in the opi nion of said tribunals; to which ends, there shall be allowed a sufficient term of lima for its procurement. . Art. xix. And it is further agreed, that the stipulations above expressed rela tive to the visiting and examining of ves sels, shall apply to those only which sail without convoy; and when said vessels shall bounder convoy, the verbal declara tion of the commander of the convoy, on his word of honor, that the vessels under J his protection belong to the nation whoso dig he carries, and, whan they are bound to an enemy's port, that they have no con traband goods on board, shall be sufficient. Art. xx. Ilis moreover agreed, that, in all cases, the established courts for prize causes, in the country to which the prize may be conducted, shall alone take cognizance of them. And whenever such tribunal or court, of either patty, shall pronounce judgment against any vessel, goods, or property, claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives in which the same shall have been founded; and an authenticated copy of the sentence or de cree, and of all the proceedings in the case, shall, if demanded, be delivered to the com mander or agent of said vessel or property, without any excuse or delay, he paying tho legal fees for the same. Art. xxi. Whenever enc of the contrac ting parties shall be engaged in war with another State, no citizen of the other con tracting party shall accept a commission or letter of marque, for the purpose of as sisting or co-operating hostilely with the said enemy .against the said party so at war, under pain of being treated as a pirate. Art. xxir. If, at any time, a rupture should take place between the two con tracting nations, and (which God forbid) they should become engaged in war with each other, they have agreed, and do agree now, for then, that the merchants, traders, & other citizens of all occupations, of each of the two parties residing in the cities, ports, and dominions of the other, shall have the privilege of remaining and continuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of their per sonal liberty and property, so long as they behave peaceably and properly, and corn- mitno oliencc against the laws. And in case their conduct should render them sus pected of malpiacticcs, and, having thus forfeited this privilege, the respective Gov ernments should think proper to order them, to depart, the term of twelve months, front the publication or intimation of this order therefore, shall be allowed them, In which to arrange and settle their affairs, and re move with their families, effects, and prop erty ; to which end, the necessary safe con duct shall be given to them, and Which shall serve as a sufficient protection Until they arrive at the designated port, and there embark. But this favor shall not be extended to those whoshjll act Contrary to the established laws. It is, nevertheless, to be understood, that the persons so sus pected may be ordered, bv the respective Governments, to remove lorthwith into the interior, to such places as they shall think fit to designate. Arh xxin. Neither the debts due from individuals of the one nation, to the indi viduals of the other, nor shares, normoney, which they may have in public funds, nor in public or private banks, shall eVcr, in any event of war or national difference, be sequestered or confiscated. Art. xxiv. Both the contracting par ties being desirous of avoiding all inequal ity in relation to their public communica tions and official intercourse, they have agreed, and do agree, to grant to their en voys, ministers, and other public agents, the same favors, immunities, and exemp tions, as those of the most favored nation do or shall enjoy; it being understood, ihat whatever favois, immunities, or privileges the United States of America, or the Peru Bolivian Confederation, may find it proper to grant to the envoys, ministers and public agents of any other power, shall, by the same act, be granted and extendtKl to those of the contracting parties, respec tively. Art. xxv. To make more effectual the protection which the United States of A merica & the Peru-Bolivian Confederation, hall afford in future to the navigation and commerce of the citizens of each other, they agree to receive and admit consuls md vice-consuls, in all the ports open to foreign commerce; who shall enjoy, within their respective consular districts, all the rights, prerogatives, and immunities of the consuls and vice consuls of the most favor ed nation; each contracting parly however, remaining at liberty to except those ports iand places in which the admission and rej-
The Tarborough Southerner (Tarboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 3, 1839, edition 1
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