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NEWBERN, N. C. SATURDAY, NOVEMB ER 18, 1826.
.it
- i ' - - s ' .... - V
PUBLISHED WEEKLY, BY ,!
JVATSOJy MAUHEN, '
At 53 pr annum half payable in advance
BT THE PRESIDENT OF THE UNITED
STATES OF AMERICA.
A PROCLAMATION
Whereas a General Convencion of
Peace, Amity, Commerce, a nJ JVaviga
lionb'ettween the United States of A
merica, and the F ederatioo of the Centre
of America, was concluded and signed,
at VVashington, on the fifth day of De
cember, in the year of our Lord one thou
sand' eight hnndred and twenty-five ;
which Convention, is in the English
an i Spanish languages. The English is
as follows : v
ORIGINAL.
General Convention of Peace, Amity, Com
" nierce, and Navigation, between the United
States of America and- the Federation of
the Centre of America,
imported ia.ves9ls of the United , States. ; parties shall have, pover to ; dispose i of
and that nbfaigirer or other duties, upon . their persona! goods within the juristjic
the tonnage bf tRe"vese1, or her cqtrgo, t;ton: of the other,Jby sale donation,
shall be levied and collected, whether the testament or otherwise, and their repre
i m porta tion be made in vessels of: the sehtatives, being citizens ofi the other
one country 1 or of the other. And they ; party, shajl succeed toKtheir said personal
further agree, that whatever may be law-1 goods, whether by testamefor atiintts
fully exported or re-exported from 4be' tatof and they may take; possession
one country, in its own vessels, --tor any thereof,' either: by themselves r ; others
The United States f America, and
the Federation of the Centre of America,
desiring to make firm and permanent the
peace and friendship which happily pre
vails between both nations, have resolved
to fix, in a manner clear, ' distinct, and
positive, the rules which shall in future
be religiously observed between the one
and the other by means of a Treaty or
General Convention of Peace, Fri end
ship, Comtnerce,; and Navigation."
For this most desirable object the
President of the United States of Am e il
ea has conferred full powers on Hknrt
Clay, their Secretary of State; and the
Executive Power of the? Federation of
the Centre of America, on Antonio Josb
Canas, a DpUty of the Constituent Na
tional Assembly for the Province of Saa .
Salvador, and Enroy Elxtraardinary amsj
Minister Plenipotentiary of that Repub
lic, near the United States, who, after ha
ting exchanged their said full powers in
due and proper form, have agreed to the
following Artjcles :
Article 1st..
There shall be a perfect, firm, and in
violable peace and sincere friendship be
tween the United States of America and,
the Federation of the Centre of America,
in all the extent of their possessions and
territories, and between their people and
citizens, respectively, without distinction
of penoat or places. ,
Article 2d.
The United States of America and th
Federation ol the Centre of America, de
siring to live in peace and harmony with
all the other nations of the earth, by
means of a policy frank and equally
frit ndly with all, eifgage mutually not to
gr.tnt 'any particular favor to other na
tions, in respect ot commerce and naViga
tion, which shall not immediately become
common to the other party, who shall en
jay the same freely, if the concession was j
freely'made, or on allowing the same ,
compensation, if the concession was con
ditional. .
' Article 3d.
The two high contracting parties, be
ioj; likewise desirous of placing the com
nieice and navigation o( their respective
Countries on the liberal basis of perfect
equality and reciprochyV mutually a'gree
that the citizens of each may. frequent all
tht coasts and countries of the other, and
reside and trade there, In'ajj kind of pro
duce, manufactures, and merchandise',
and they shall enjoy alt the rights, privi
leges, and exemptions, in navigation and
commerce, wnicn native citizens: do or.
shall enjoy, submitting themselves to the
tliws. decrees, and usages!' there estab-
lished, to which, native citizens are sub
iiecied. But. it is understood that this
foreign country, ma v, in like manner, be
exported or: re-exported in the vessels of
the other country. And the same boun
ties, duties, and drawbacks, shall be - al
lowed and collected, whether such expor
tation or re-exportation be made in ves
sels of the United States, or of the- Cen
tral Republic . , :.
. Article 5th. ';..!' t 'v
No higher or other duties shall be im
posed on the importation into the Uni
ted 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 im
portation into the Federation of the
Centre of America, 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 coun
try ; nor shall anylhighef or other duties
or charges be imposed in either of the
two couctries, 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 ai tides to any
other foreign country : nor shall any pro
hibition be imposed on the exportation
or importation of any . articles, the pro
duce or manufactures of the United
Stales, or of the Federation of the Cen
tre of America, to or from the territories
of the United States, or to or 'from the
territories of the Federation of the Cen
tre of America, which shall not equally
extend to all other nations, v
- Article 6th.
It is likewise agreed that it shall be
wholly, free for all "merchants, conman
ders of ships J and other citizens of both
eooniriesy-ta manage, themselves, their,
own business in all the ports andpiaceY
subject to the jurisdiction of each-other,
as well with respect to' the consignment
and sale of their goods and merchandise
by wholesale or retail, as with respect to
the loading, unloading, and sending off
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 favbred nation. 'I
Article rt In 1
The citizens oi" neither of the contrac
ting parties shall be liable to any embar
go, .nor be detained with their vessels,
cargoes, merchandise, or effects, for any
military expedition, nor for any public
or private purpose whatever, without al
lowing to those interested a sufficient in
demnification.
Article 8th.
Whenever the citizens of either of the
contracting parties shall be forced Xo seek
refuge or asylum in the rivers, bays,
ports, or dominions, of the othe.r, with
their vessels, whether merchant or of
war, public or private, through stress of
WeatherVpursuit 6frpirate8, or enemies,
they shall be received and treated with
humanity, eivine to them all favor and
protection for repairing their ships, pro
curing provisions, and placing themselves
in a situation to continue their voyage
without obstacle or hindrance of any
kind.
Article 9tb7
All the. ships, merchandise and ef
fects belonging to the citizens of one of
acting for them: and dispose of the same
at their will, yirg such -dus only a&
the inhabitants of the coantry, wherein
said goods are, shall be subject to pay hj
like cases : ' And if, in the case of real
estate, the said heirs wouU be prevented
from entering into the possession of trie
inheritance, on account of tjieir character
of aliens, there shall be granted to them
the term of three years to dispose of jtlie
sa me, as tbey may think proper, and, to
withdraw the proceeds without molesta
tion and exempt from all duties of detrac
tion, on the part of the government of
the respective States. ;
Article 12th. .
Doth the contracting parties promise
and engage formally to give their special
protection to the personal and property of
the citjzens of each other, of all occupa
tions, who may be in the territories sub
ject to the jurisdiction of the one or the
other, transient or dwelling therein, leav
ing open and free to them the tribunals
of justice for their judicial recourse on the
same terms which are usual and custom-
trading parties shall protect the property
oi tne enemies of the other; by virtue of the
iiuuvc supuiaiion, it snail always be unr
derstood that the neuiral propei ty found
on board such enemy's vessels shall be
held and considered as" enemy's property j
and as such shall be. liable to detention
and confiscation, ' except such property
as was put on board such vessel before
the declaration of ivar, oij even after
wards, if it er done vithottt thef knrtwt
edge of it ; but ; the r contracting' parties
agree that, two months having elapsed
after the declaration, their citizens shall
not plead ignorance thereof. Oo, the
contrary, if the flag of the neutral does
not protect the enemy's property, in that
case the goods . and - merchandise of the
neutral, embarked.in such enemy's ships,
shall be free. ' . "
Article l6thv
This liberty of navigation i and com-
or three men only,;Jn , order to execute
the said exfunihation'of ine papers con
cerning the ownership antf cargo of the'
vessel, without causing the . least extor
Hon, violence, or ill treatment, for whicbv
the ommanders ot the said armed ' ships .
shallbe responsibleJtflih their persops and' ,
property i. fof.Vhich' purpose, the' com
manders of said private armed vessel
shallj, beibre f eceivtrVg tberr commissrorii
give-sufficient security to answer rfortt
the damages'they may commit. . And, ' it
isexpressly agreed, that the neutral par- K
ty shall in no case be required to go pq,
board the examining vessels, Jbr the pur-
pose of exhibiting her papers, or for an
other purpose whatever.
Article 21st.
To avoid all kind of vexation and
abuse in the examination of the papers
relating to the ownership of the vessels
belonging to the citizens of the two con
ary with the natives or citizens of the
country in which they ' may be ; fori made ap in the form
which thev mav emDlov.- in defence of j use.
their rights, such advocates, solicitors, 3dly. Cavalry belts, and horses, ; with
notaries, agents, and factors as they ; their farniture.
.merce shall extend to alt kinds of mer- " .u... . j
chand.se excepting those only which are do agr' that OCJe 0neof them should
disunguished by the name of contrabands be e ed in war the 8lip8 and vesels
a" k k", ! "I,! Kof contra?an J i belonging to the citizens if the other,
pthh i .bited goodsshall be comprehended, ; mu8t 6be5 furn5shed with sea-letters oj
. t III !,nT8' ra5rtarS'4,otV,!.zers sw,;l Papons, expressing the name, property
vels Wanderbaina.ke fusees, nd ulk of ghf a$ Rlso he name
fl,s, carbines, pistols pdtes, swords, sab- j and plaCe of habitaUon of the master oi
res, lances, spears, halberds, and grena-j commander cf said vessel, in order that
des, bombs, powder, matches, balls, andj it roay lhereD tha't the sbip rea
ail other things belonging lo the use of ahd truly belongs to the Citizens of one of
inese arms. ; .- , ' the parties ; they have likewise agreed
2dly. Bucklers, helmets, breastplates, that, sbch ships bein laden, besides
coats of mail, infantry belts, and c blhes ' :j ' . -un
. . : " . ' t iiic aaiu ca-iciicr5 ur uassuuns, suaii
uu iu. uinuary also be provided with Certificates, con-
may judge proper, in all
law ; and such citizens or
their trials at 1 4tlily. And generally all kinds of arms'
ageants ?hll ; ana instruments or iron, steel, brass, and
taining the several particulars of the cargo
arid the place whence trie ship sailed, so
that it may be known whether any forbid
den or contraband goods be on board the"
same s which certificates shall be made
have tree opportunity to be present at the ; copper, or of any other materials, manu-, oul by the officers of the place whence
decisions and sentences of the tribunals,
in all cases which may concern them and
likewise at the taking of all examinations
and evidence which may be exhibited in
the said trials. " 6 v : f
Article 13;h.
It is likewise agreed, that the most
perfect and entire security of conscience
I factured, prepared, and formed, expressly
to make war by sea or land.
: - Article 17th.
All other merchandise and things not
comprenenueu in tne articles oi contra
band explicitly enumerated and classified;
aa above, shall be aeld and Considered as
free, and subjects of free and lawful com-
ball be enioved by th citizens of botbli aecce,ao that thy mav ba carried and
the contracting parties' in the countries transported in the freest manner by both
subject to the jurisdiction of the one and the contracting parties, even . to places
Delongmg to an enemy; excepting only
inose places which are at that lime be
sieged or blockaded; and, to avoid all
doubt in this particular, it is declared that
those places only are besieged or blocka
ded, which are actually attacked by a
belligerent force capable !of preventing
the entry ot the neutral.
Article 18th. ;
The articles of contraband, before e
numerated and classified, which may be
found in a vessel bound for an enemv's
1 i
port, shall be subject to detention and
.uiiust,auuii, leaviiig iree me rest or tne
cargo and the ship, that the owners may
the contracting parties, which may be
article does not include the coasting trade
jvi lilict VUUllll lilC ICEUIVIIVII VI nuivu
is reserved by the parlies, respectively,
according' to tneir own separate laws. - -
' Article 4iii.
Thev likewise asrreeV that, whatever
. J. - ..a ... . -9,.... , . -. '
xmd ot produce,' manufacture, or ; mer
jchndise, ot any foreign countryman-be,
from time to timej, fa.w fuily imported into
Ihe United States," in their own ! vessels,
a.ay be also imported in vessels of the
Federation of'. the' Centre of . America
ind that no higher or ot.ier duties, upon'
pie tonnage of the vesselj or her., cargo,
hall be levied and collected, whether . the
portation be made lavessela .of the
ne country, oi of tbd other. And iri like
waaer, that whatever kidd !of produce,
Unafactures, or roercuandis,of any fc
'gn c luiitry, ciri be, jfrona time lo time,
Wfuliy imparted ?ina tUieiowa JRe(
oiC to its own vessels. may be also
captured by pirates,: whether within the
limits oi us jurisaiction or uu uic m'U"
seas, and may be carried or found in the
rivers, roads, 'bavs. ports, or domin-
ions. . of the other, shall be delivered
op tor the owners, they proving, in s due
and proper form, their righti, before the
competent tribunals ; it being, wel un
derstocd that the claim should be made
, within the. term ot one year, by the par
ties themselves, their attorneys, or agents
of the respective ' governments
i ' Article 10th.
When any vessel belonging to the citP
zens of either of the contracung parties
shall be wrecked, foundered, or shall
sufier any damage on the coasts, or within
the dominions of the other, there shall
be given to them all asSistance and pro
tection; t in the same manner" which; is
'usua! and cbstbmary ititri the vessels , of
the nation where? tne damage happens,
Dermitting ibem to unload the said vessel;
41 necessary, ' oi its merenanuiw miu -fects,'
without exacting for it:ny Tdoty;
impost,' or cnntribotton7 whatever, until
they may be exported
; ' 'Tf ft" Article 1 1 tli. ; r
Tk9 cliiseoi oieacb of tb contractirij
the other, without their. being liable to be
disturbed or, molested on account of their
religious belief, so long as. they respect;
the laws and established usages of the
Country. Moreover, the bodies of the
citizens of one of the Contracting parties,
who may die in. the territories of the oth-?
er, shall be buried in the usual burying
grounds, or in other decent and suitable
places, and shall be protected from viola
tion nr HixtMrhanrp. '
Article 14th.
It shall be lawful for the citizens of the
United States of America and of the Fe
deration of the Centre of America to sail
with their ships, with all manner of liber- i dispose of them as they see proper. No
tv and security, no distinction bein? i vessel of either of the two nations shall
made who are the .proprietors of the ' be detained "on the high seas on account
merchandise laden thereon, from any i f having on board articles of contraband
port to the places of those who are now
or nereaiter snail oe at-enmnv. with ei-; vu,s" Ul 8a,u vessel win aetiver up tne
ther of the contracting parties.. yIt shalf i articles of contraband, to the captor, un
UKewise oe iawim ior tne citizens atore- ,cas ic,juamiiy oi.jucn articles' oe so
said to sail with the ships and merchah- , great and of so large a bulk that
dise Aforementioned, and to trade with cannot be received on board the captur
the. same liberty and security from the "& sn'P witnout great inconvenience :
places, ports, and havens,, of those. who i Dul Inl,,is and in ail other cases of just
are enemies of both or either party, with- j attention, tne vessel detained' shall be
out any opposition or disturbance what- senl 10 the nearest convenient and safe
soever, not only directly from the places Porl tor trial and judgment, according to
of the enemy, belorementioned, to neutral j Ia w . ' '
Article 19th.
And whereas it frequently happens
that vessels sail for a port, or place be
longing to an enemy, .without knowing
that the same is besieged, blockade, or
invested, it is agreed, thai 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
places, but also from one place belonging
to an enemy to another place belonging
to an enemy, whether they be under the
jurisdiction of one power or under sever
al. And it is hereby stipulated, that free
ships shall also give freedom to goods,
and that every thing shall be deemed to
be free and exempt, which shall be found
on board the ships belonging to the . citi
zens of either of the contracting parties,
although the whole. lading, or any part
thereof, should appertain to the enemies
of either, contraband goods being always
excepted. It is also agreed, in like man
ner, that the. same liberty be extended to
persons, whd are on board a free ship,
with this effect, Chat although . they be
enemies to hoth or cither party, they are-
iiut u uc Mftcu uui i uii ircc snip, uu-
less they are officers or; soldiers, and n
the actual service of the enemies ; Provi
ded however, and it if. hereby agreed,
that the stipulations in this article con
tained,' declaring that the j?ag shall cover (
tne property, shall be - understood as ap
plying to those ,Powers;jonly who recog
nise this principle : -but if either of the
two contracting parties shall 'be . at war
with a third, and the other neutral, the
flag of the neutral shall cover the proi.
perty. of. enemies whose Government ac
knowledge this principle, and not of 6ih
,RTicLE5th:,';ti
lit. JJ.:. i .W- U U-
the ship sailed, in the accustomed
form; without which requisites, said
vessel may be detained' to be adjud
ged by the competent tribunal, and may
be declared legal priz, unless the
said defects shall be satisfied or supplied
bj testimony entirely equivalent.
- ' Article. 22d, .
It it further areeU, that the .. stimula
tion above expressed, irel iti ve" Jo tfrlt
visiting and examination ot vessels, shall
apply only to those which sail without
convoy ; and when said vessels shall be
under convoy, the verbal declaration of
the commander of the convoy, on his
word of honor, that the vessels under his
protection belong to the nation whose
flg he carries and when they are bound
to an enemy's port, that they have no
contraband goods on board, shall be
sufficient. 1 1
Article 2 3d.
It is further agreed, that in all cased
the established courts for prize causes, in
the country to which the ptizes may be
conducted, shall alone take cognizance
ot 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
reasons or motives on which the same
shall have been founded, and an authen
ticated copy of the sentence or decree '
and of all the proceedins in the case,
shall, if demanded, be delivered, to the
commander or agent of said vessel, with- -out
any delay, he paying the legal fees
for the same.
Article 24th J
Whenever on of the contracting par
ties shall be engaged in war with another
State, ho citizen of the other contracting-
party shall accept a commission, or let
ter of marque, for the purpose of assis
ting or co-operating hostilely, with - the
said enemy, against the said party so at
war, under the pain of being treated as a
pirate. ";-
. ; Article 25th,
If, by any fatality which cannot be
or investment from tne commanding offi- r expected, and which God forbid, the
cer of the blockading forces, she shall) two contracting-parties should be enga-
again attempt to enter ; but she shall be ged in a war with each ,other, they ' have
permitted logo to any other port or place I agreed, and do agree, now for then.
she shall think proper.. Nor shall any that there shall be allowed the terra f
vessel of either, that m jy have entered six months- to merchants residing on the
into such port before the same was ac- coasts and in the ports of each other, and
tually besieged," blockaded, or invested, j the term of one year to those who dwell
by the other, be restrained from quitting I in the interior, to arrange their business
such place with her cargo, :norj.- if found and transport their effects wherever they
therein after the reduction and surrender, f please, giving to them the' safe conduct
shal I such vessel or he r Cargo be liable io necessary for if, which may severe as a
confiscation, but they sbair bo restored sufficient protection until they arrive at
to the owners' thereof' 4 :v ' v - - K the designated port. The citizens of
all other occupations, - who may : be es
tablished in the terri ories or dominioiift
of the United States and of the : Fede
ration of the-Centre s America, shall
be respected and main tamed in , the mil
enjoyment of their personal liberty and
p(opei ty, unless their particular conduct '
shall cause them to forfeit this protectioh(
which, inr consideration of humanity
the conuat ting partio cpgsgtd .tt -givQ
-.,t
' "":. Article
Cln order t6 present all ainds of disor
der ih the visiting and examination of the
ships' and cargoes of both the contracting
parties.: err:; thei nign seas iney nave
a?r'eed. 4 mutudlly; that whenever a ves
sel of war public or private shall meet
With a'neutral - of the ; other i contracting
jbartf ,4be first shall remain out of caonoo
It ia likewise apreed that, id the Case
where the neutral Mg of one of ths wifcl suot.; snaway. senaww. .wiw- iw tneau'
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