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'-.". FOR THE COMMERCIAL. "
HON. GEORGE E, BADGER.
: For many years it has been my custom, as
well as pleasare, to attend the deliberations
of the American Senate like moat nien.I have
consequently studied the character of each
individual "member,?and thought, that I had
lorraed a correct opinion with regard to
thera.r If in the qualities)! candor, firmness
and honesty in political party - questions, an
utter contempt ? for any thing calculated to
mislead and a scorn for every thing like de-
ceptian, either in argument or the legitimate
. use of facts. I had placed one Senator su
perior, to another, thaf one was; the Hon.
j George E. Badger.of Norfh parolina. With
put intending to say how muph tliat opjnjon
has been modified or changed, I nevertheless
must say that his jetter njon the EresidVn-
Ual election in reply to an invitation to ad
- , dress the whig club of, Raleigh, as first pub
lished in the Raleigh (N. C.) Register, is
calculated to deceive, his constituents .and
: mislead the people pf the South,4 upon " sub
jects involving not only tkeir (mmediate in
terest but the integrity of ihe Union.
y: The letter of Mr. Badger is disingenuous
'and uncandid in this, that he omits 16 tell his
constituents the whole truth relative - to the
position that parties occupy at the North up
on the exciting subject of Slavery. And
; farther, that he uses facts in ercjY jyay as -to
, mislead those who were not presenilis Wash
;(; iiigton city and saw and learned" things con
nected with the nominations of Gen. Pierce
n and Gen.' Scott which one occupying Mr.
Badger's ; position ; could not fail to see and
learn. The great question for the people of
v the United Slates to weigh in the approach
ing election is, which party at the North is
s likely to secure peace f'ora cany further agi
tation of the Slavery question, and who is
the South to look to for a faithful compliance
with and adherence to the measures of Com
' 'jiromise 7 rYf.-'y;
Suppose : when Mr. Badser returned to
: North . Carolina, he had been approached
with these questions from one of his constitu
ents ; "Tell me, sir, candidly, whichparty at
-the North is most favorably disposed to the
'compromise measures, and in the selection oi
the two "candidates now before the people,
which element prevailed in the selection of
each ? Is Gen. Pierce selected by the North
" as friendly: jo or sympathizing with the la
naticisrajhat Jias kept this slavery question
' in "continual agitation ? . Are the original
friends of Gen. Scott at the North those men
who, when the Union was in danger, placed
themselves in the front rnls to stay the tide
of Northern aggression that "seemed at one
. time almost irresistible ? .You have deliber
- ated side by side .with1 the Senators of the
North, and you have had every opportunity
to know their feelings aiid opinions, and I
.ln e reore 'd cs i re of you as my Schator.to tel I
me candidly and faithfully, apart from all
v party predilections, to whonixvvouId you pre
'fer to entrust your rights and my rights and
tbev rights of your " constituents upon 'this
great question, the whig or democratic Sena
tors?" ' ' " "l
- Does any one believe that the Hon. Geo,
E. Badger would answer by saying "that If
ilit is ' objected, that Seward, Greely ; and
."Weed support him : Well," do not both the
c,Van Burens, Preston King, Hajlett, B, - T:
' Butler, David Wilmot the father of the odi
.,ous . proviso and many ctthera of like aboli
tion opinions support Pierce?"" I think no
but he would have told him that it was a fact
beyond dispute, prominent and pregnant, that
there was not a single Senator from tfye North
, -who favored the - nomination of Gen.' Scott
who was in favor of the Compromise as a final
! settlement of the slavery question," ivhile the
Democratic Senators from that section were
almost unanimous in its favor. I would not
- do ' injustice to Mr. Badger, and I therefore
propose to place the. facts which. I assert be-
fore the people, and especially his constitu
ency, and I appeal to him for their correct
ness. I will, commence with' the State of
.Maine". "The Senators are Bradbury and
Jlamlin both Democrats, the one in favor
of the Compromise, the other opposed. New
Hampshire Hale and Morris. The first has
not acted with; the Democratic Party for
years, opposed to the Compromise. Mr. Mor
ris 13 a true consenrative Democrat in lavor
of the Compromise.. YertlP-ont Uphara and
Fool, both V?b(gs nd both anti-compromise
men. Massachusetts Davis and Sumner,
the one a Whig, the other elected by a coal
ition of Democrats and Freesoil ers both op
posed "to the Compromise. Rhode Island
Clarke an4 James, the first a Whig opposed
to the Compromise, .the other a Democrat, and
in favor of it. V: ponnecticut--Smith an4 Tou
cey, one Whg and one Derrioerat, the Whig
opposed the Democrat in fayor of the Com
promise. New York Seward and Fish,
both Whigs and both opposed to the. Com
promise. New Jersey Miller and Stockton,
the first a yhig nd. opposed to and the oth
er a Democrat and in favor of the Comprp
mise. - Pennsylvania Cooper and Broad
head, the one a Whig, in lavor of the Com
promise and opposed to the nomination of
Gen Scott, the other a Democrat and in . fa
vor of the Compromise, phio Chase and
Wade, the first elected by a coalition of Dem
ocrats and Freesoilera and opposed to the
Compromise, the other a Whig and also op
posed to those measures. IndianaBright and
Whitecomb, both Democrats and in fayor of
the Compromise. Illinois Shields and Doug
lass, both Democrats and both in favor of the
Compromise. Michigan Cass and Felch,
both Democrats and both Compromise men.
Iowa Dodge and Jones, both Democrats and
both in favor of the Compromise Measures.
Wisconsin Dodge and "jyalker, both Demo
prats and both anti-Compromise men. Cali
fornia I wynn and Weller, both Democrats
and both t Compromise men. . -V,. .......
Thus It w Hi be seen that out of thirty-two
Northern; Senatorp," wit h whom Mr. Badger
associates daijy, dnring the Session of Con
gress, bnt one folitary Whig was in fayor of
the Compromise as ; a finl set jjement of the
slavery question, and that one was opposed j
to thte nommation of Gen. Scott. w If it was
not for making this article too lengthy I might
show the same facts in the House of Repre
sentatives suffice, however, the declaration,
that cannot be denied, that not one Whig
Representative ' from the North who favored
the Compromise measures, was in favor of
the nomination of Gen. Scott, while every
Whig Representative from that section who
was in lavor of his nomination was opposed
to , the Compromise, including the fugitive
slave law. as a final settlement of the slavery
. . . . 4., . - -
question. ? '
tuch are the differences between the in
fluences at the North which support the De
mocratic and Whig-candidates. . In the one
cae. where you find the democrat opposed
to the interests and rights of the South, you
find an ejeception to the party ; where you
find a whig favoring southern rights .and sou
thern interests, you find also an exception to
hsparjy." ' ; . ' -
If Mr. Badger, -as a true sentinel on the
watch tower, had desired to communicate all
the facts to his constituents, he might have
iold them that in the selection of Gen. . Scott
as the whig candidate, the freesoil wing of
that party triumphed, and in the selection of
Gen. Pierce the triumph to the south was
complete. If he had wshed to be candid, he
might, with truth, have said that while Se
ward, Greely, and Weed support Scott, they
do so triumphing over the south" n his nomi
nationand VanBuren, Preston -King, and
Wilmot are following in the wake of the
6outh who made the nomination of Pierce.
Seward leads the ScQ.lt, Van Buren follows
the Pierce column. -
I do not desire to enter into any discussion
as to the position of the two candidates on
this question of slavery ; to the southern peo
Lple it is immaterial when compared with the
influences that have controlled their nomina
tions, and which will in a great measure give
a coloring to their administration of the gov
ernment. .The whig party of the South pre
sented the name of Mr. Fillmore, who even
to the northern whigs was unexceptionable
upon all the other questions of policy which
had divided the parties; if they had been dis
posed to quiet the agitaaon of the slavery
question, they could and should have accep
ted hra as a peace-offering, but instead f of
that they determined to break up the Whig
paity rather than Jhat he should receive the
nomination. . When has there been a Presi-
dent who gave such universaj satisfaction as
Mr. Fillmore? Even his political opponents
ace orded th e merit of h aving discharged
faithfully his whole doty. But yet, to grati-
fr Mr.' Seward and his friends he must be
sacrificedJ I'hey pretend to say that by his
course on the compromise he made himself
unpopular, if so who caused it? Does any
one doubt, if Mr. Seward and hi3 friends had
taken the same pains to enlighten the ; north, -em
whig mind in favor of the policy that Mr.
Fillmore pursued, that they did to prejudice
it against that policy, he would not havS? been
triumphantly nominated ? "
. . The very fact then, that the course Mr,
Fillmore adopted, proving o unpopular to
the northern whigs a3 to require them to . re
pudiate him, when; his"- administration had
given universal satisfaction, appeals with
greatforce to every southern man as evidence
that they are unworthy their tsonfidence,
Gen. Scott was never presented to the con
vention as an advocate of the compromise
measures, and his claims urged by southern
men on that account, while almost the whole
whig prty at the . north , opposed Mr Fill
more because he had done justice tol the
south. -If southern men, under all these cir
cumstances, can .sustain the nomination of
Gen. Scott, they exhibit a stronger fidelity to
party than o prjncipes, and labor under a
phrenzy that will lead them to ruin. " In the
nomination of Geh. fierce by the democrat
ic party it was done to please the south, and
the northern democrats indicated every; dis
position to heal the wounds and allay the ir
ritations that this slavery question had caus
ed. , j "; ' -
The northern democrats manifested ' no
anxiety to force upon the south an individual
obnoxious either in his opinions or.hi3 associ
ations, but permitted the south to make their
own selection. If under these circumstances
southern men prove recreant to such magna
nimity, they cannot in the future have anr
right to look to the north for support. - . ' .
- I have already extended tiik communica
tion beyond proper limits, and ., while 1 have
only glanced at some of the points that sou
thern men should look jto in this controversy,
I have indicated sufficiently the great contro
ling influence that should direct their action.
If such men as Mr. Badger could . cast aside
the shackles of party and would ppeak can
didly, they would tell the southern people
that the northern whig party as now controll
ed, cannot be trusted on the slavery ques
tion. ' Tiat thef will not, or have not done
so is a tatat error to wnicn tney may awafce.
...1 '. 1 ...... .... .. ... ... -.. .. 0
when these States are dissevered, discordant
and belligerent." A , UNION WHIG.
BY AUTHORITY.
; LAWS OF THE UNITED STATES
Passed during the. First Session of the Thir
, ly-second Congress.
BYTIIDPRES1PENT QPTIIEUNITED
STA.TES OP AMERICA.
A PROCLAMATION.
; Whereas, a Treaty of Friendship, Commerce, and
Navigation, between the United States of America
and the Republic of Peru, was concluded and signed
at Lima, on the twenty-sixth day of July, cne thou
sand eight hundred and fitty one, which treaty, being
in the iingtish and Spanish Fabgusges, fs woid for
word as follows. " - --j"---w:r-
The United States of America and the republic of
x cj u, uoiug cijuanjf auuuitieu wiiu uits uesire lu ren
der firm and permanent the peace and friendship
which have always so happily subsisted between
them, and to place their commercial relations upon
the most liberal' basis, have resolved to fix clear and
precise ruleshich shall in future be religiously ob
served Between the two nations by means of a treaj
ty Of friendship, commerce, and navigation. ;:
To attain this desirable object the President of
the-Unued States of-America has "conferred full
powers on John Randolph Clay, ; the accredited
cnarge a'anaires ot tne saia states to tne ffovern-
ment of Peru, and the President of the republic of
rem uao cumcircu ii&.o iuii powers on crigaaier
General Don Juan Crisostomo Torrico; Minister ot
War and the Marine. Minister of Foreign Affairs. ad
tmennif eic, wno, alter exenangmg their respective
full powers, found to be in good ami due form, have
agreea upon ana concmaea tne touo wing articles ? --
' - Abticle I. '
There shall be perfect and perpetual peace and
friendship between the United States of America and
the republic of Peru, and between their respective
territories, people, and citizens, without distinction
01 persons or places. , , . . .
;-'; Abticlx II.
The United States of America and the republic of
- . t . i . . . .
reru, muiuauy agree xnai mere snail .be reciprocal
liberty of commerce and navigation between their re
spective territories and citize'nn j the citizens ot either
republic may frequent witn their essels all the coasts,
ports, and places of the other, whatever foreian com
merce is permitted,; and resside in parts of the
territory of either, and occupy dwellings and ware
houses; and every thing belonging thereto shall be
respected, and shall not be subjected to any arbitrary
visits or search. The said tiiizens shall have full
liberty to trade in an parts oftire terrfforieof either,
according to tcef rules established of1 the respective
regulath)ns of "commerce, in all kinds of coods, mer-
cnanaise, manmaciures, ana produce not proniDitea
to all, and to open retail stores and shoos, under the
same municipal and police regulations as native cit
izens; and they 6hall not in this respect be liable to
any other or higher taxes or imposts than those
which are or may pe paid by native citizens. No ex
amination or inspecuon of their books, papers, cr ac
counts, shall be made -without the legal order, of a
competent tribunal or judge.
Tha citizens of either country shall also have the
unrestrained right to travel in any part of the pos
sessions of the other, and shall in all cases enjoy the
same security and protection as the natives of the
country wherein they reside, on condition of. their
submitting to the laWs and ordinances there prevail
ing ; they shall not be called upon for any forced
loan or occasional contribution,'1 nor shall they be
liable to any embargo, or to be detained with t eir
Vessels, cargoes, merchandise, goods,' or effects, for
any military expediiion, or lor any public purpose
whatsoever, without being allowed therefor a full
and sufficient Indetnnificatioh,' which shall in .all
cases be agreed upon and paid in advance. '
AaTICLB III; ' ; ;- V' v -
The two high contracting parties hereby bind and
engage themselves not to grant any favor,' privilege,
or immunity whatever in matters of commerce and
navigation, to other iiations, which shall not be also
immediately extended to the citizens of the; other
contrasting party, who shall enjoy ihe earne. gratuit--ouslyj
if the concession shall have been gratuitousjor
on giving a compensation' as nearly -a possible of
proportionate value and enect, to be adjusted by mu
tual agreement, if the concession shall have been
conditional. ' 1 f ' ' r ; . ;'.V
No higher or other duties" or charges on account of
tonnage, lighthouses, or harbor dues. pilotage, quar
antine, salvage in case of. damage or; shipwreck, of
any other local charges, shall be imposed in any
ports of Peru on vessels of the United States of the
burden of two hundred tons and upwards, than those
payable in the same ports by Peruvian , vessels of
the same burden ; nor in any 01 the porta ot the
United States by Peruvian vessels of the burden of
two hundred tons and upwards, ihn shall, be paya
ble In the same ports by vessels of the United States
of the same burden. T . -
Abticlb V.
All kinds of merchandise and articles of commerce
which may be lawfully imported into the port3 and
territories of either of the high contracting parties in
national vessels, may also be so imported in vessels
of the other party, without ' paying other or higher
duties., and charges of any kind xtr denomination
whatever than if the same merchandise and articles
of commerce were imported in national vessels ; nor
shall any distinction be made in the manner of mak
ing payment of the said duties or charges.
: It is expressly understood that the stipulations in
this and the preceding article are to their full extent
applicable to the vessels and their cargoes belonging
to either of the high contracting parties arriving in
the ports and territories of the other, whether the
said vessels' hive cleared directly from the ports of
the country to which they appertain or from the ports
of any other nation. .
Abticlb VI. . 4 ' "
No higher or other duties or charges shall be im
posed or lavied upon the importation into the ports
and territories of either pf the high contracting par
ties of any article the produce, growth, or manufac
ture ot the ofyer party, than are or shall be-payable
on the like article . being the ptoduce, growth, or
manufacture of any othe.' country t nor shall any pro
hibition be imposed upon the importation of any ar
ticle the produce, wrowth, or manufacture of ejthef
party into the 'port! or territories of the other, which
shall ndt equally extend to alt other nations.
; ' . Abticlb VII. ' - - J
- All kinds of merchandise and articles of commerce
which may b.r lawfully exported from the ports and
territories of either of the high contracting: parties in
national vessels, may also be exported in vessels of
the other party; and they shall besfcjecttdthe same
duties only, and be entitled td the safrrte drawbacks,
bounties, and allowances,' whether the same mer
chandise and articles of commerce be "exported ' in
vessels ot the one party , or in vessels of the other
party." '"'. ' ' ,!i
. - . Article VIII.
. No changes or alterations in the tariffs of either
of the high contractingparties,aoTne7ii77g, theduties
payable upon merchandise or articles of commerce
of any sort or kind imported into, or exported from,
their respective ports, shall be held to apply to the
commerce or navigation of either party, until the ex
piration of eight calendar months after the said
changes or alterations shall have been promulgated
and become a law, unless the law or decree by which
such changes or alterations shall be made contain a
prospective provision to the same or similar effect. ;
, fc;' Abticlb IX. - " .", ;
It is hereby declared that the stipulations of the
present treaty are not to be understood'" as applying
to the navigation ;-and - coasting trade - between one
port and another situated in the territories of either
contracting party the regulation of such navigation
and trade being reserved, respectively, by the parties,
according to their own separate laws. . .
Vessels of either country shall, however, be per
mitted to discharge part of their cargoes at- one port
open to foreign commerce in the territories of either
of the high contractingparties, and to proceed with
the remainder ot their cargo to any other port or
ports of the same territories open to foreign com
merce, without paying other or higher tonnage duy s
or port charges in such cases than would be paid by
natural vessels in like circumstances; and they shall
be permitted to load in like manner at different ports
in the same voyage outwards. - - ."
i.;C:'-H,..:;.;1'':';- : ABTICLE X. ; ' lO '. ; .
; The republic of Peru, desiring to increase the in
tercourse along its coasts, by means of steam naviga
tion, hereby engages to accord to any citizen or citi
zens of the United States, -who may establish a line
of steam-vessels, to navigate Tegularly between the
different ports of entry w'thin the Peruvian territories,
the same privileges of taking in and landing freight,
entering the by-ports Tor the. purpose of receiving
and landing passengers and tneir baggage, pecje and
bullion, carrying the public mails, establishing de
pots for coal, erecting the necessary machine and
workshops for repairing and refitting the steam-ves
sels, and all other favors enjoyed by any other asso
ciation or company whatsoever'.. 11 furthermore
understood between he two high' con tractihg -parties,
that the steam-vessels of either shall not be sub-;
ject in the ports of the other . party to any duties of
tonnage, harbor, or other similar duties whatsoever,
than those that are or may be paid by any other asso
ciation or company. - . . ,;" . . r
,, Abticlb XI. ' "" T"-
. For the better understanding of the preceding arti
cles, and taking into consideration "the actual state
of the commercial marine of Peru, it is stipulated and
agreed that every vessel belonging exclusively to a
citizen or citizens of the said republic, and of which
the eaptain is also a citizen of the same though the
cbnsrVuction or the crew is or may be foreign, shall
be considered, for all the objects of this treaty, as a
Peruvian vessel. -''r..ri-
- Abticlb XII. ': . .'
The whale-ships of the United States shall "have
L access to the port of Tumbez, as well as to the ports
oi eniry in jreru, ana may sail irom one port to an
other, for the purposes of refreshment and tefitting 5
and they shall be permitted to sell or barter their
supplies or goods, including oil. to the amount ot two
hundred dollars, ad valorem, for each vessel, without
paying any tonnage or harbor dues, or any- duties or
imposts upon the articles so sold or bartered. They
shall be also permitted, with like exemption from
tonnage and harbor dues, further to sellor barter their
supplies or goods, including oil, to the additional
amount of one thousand dollars, ad valorem, for each
Vessel, upon paying for the said additional articles
the same duties as are payable upon likeo supplies, or
goods and oil, when imported in. the vessels and by
the citizens or subjects of the most favored nation.
AancLBXill. , . v
; The merchants, commanders, or masters of ves
sels, and other citizens of. either contracting party,
shall be wholly free to manage their own business
and affairs, in all the ports and places within the ju
risdiction of the other, or to commit their business
and affairs to the management of any person whom
they may choose to appoint, as agent, factor, con
signee, or interpreter; They shall not be restrained
in the choice of persons to act in such capacities, or
be compelled to pay any salary or remuneration to
any one whom they do not wish to employ. ' Abso
lute freedom shall be given; as well with- respect to
the consignment and salaof their merchandise and
articles ot commerce,as to the purchase of their re
turns, unloading, loading, and sending off their ves
sels. 'The buyer and sellei shall have full liberty to
bargain together and fix the price of any merchandise,
or articles of commerce, imported into or to be export
ed from the territories of either contracting party,
the regulations of commerce established in lha res
pective countries being in every case.duly observed.
. f v - Abticle XIV.
i Peruvian citizens fehall enjoy the same privileges,
in freauentin the mines, and in discing or working
for gold upon the public lands situated an the State"'
ot Uautornia. as are. or may pe nereaijer, accoraea
by the United States of America td the citizens 'Or
subjects of the most favored nation. .. t.
' - Abticlb XV. '.' - . -
The citizens of either of the high contracting par
ties shall have the full power and liberty to dispose
of their personal property and effects,' of every kind
and description, within the jurisdiction of the other,
by ealej donation, testament, or otherwise, and their
heirs or representatives, being citizens of the other
party, shall succeed to their said personal property
and effects, whether by testament or ab ir.te$tato, and
may take possession of the same themselves or by
others acting for theni, and dispose of the same at
their pleasure, paying such dues only as the inhabi
tants 6f the country wherein said efiects may be shall
be subject to pay in like cases,. Should the property
consist of real estate, and the heirs, on account of
their character as aliens, be prevented from entering
into possession of the inheritance, they shall be al
lowed the terra of three years to dispose of the same
and withdraw and export the proceeds, which they
may do without any hindrance, .and without paying
any other dues or charges than those which are . es
tablished by the laws of the country. . i .
:- . ' Abticlb XVU - ' - . - "
If'any vessel belonging to the citizens of either of
the high contracting parties should be! wrecked suf
fer damage, or .be left derelict, an or near the coasts,
within the territories of the other, all assistance and
protection shall be given -to such vessel and her
crew ;. and the vessel, or any part thereof, and all fur
niture and appurtenances belonging thereto, together
with all the merchandise which shall be saved there
from, or the producerfhereof, if sold, shall be faithful
ly restored to the owners, or their agents, they pay
ing only the expenses incurred in the preservation of
the property, together with the rate of salvage which
would have been payable, in the like case, by nation
al vessels; and it shall be permitted foi them to un
load the merchandise and effects on board, with - the
proper precautions to prevent their illicit Introduc
tion, without exacting in such case any duty, impost,
or contribution whatever, provided the same be ex
ported, . "
. - Abticle XVII. '. . -
When through stress of weather, want of water or
provisions, pursuit of enemies or pirates, the vessels
of one of the high contracting parties, whether of war
(public or private) or of trade, or emplojd in fishing
shall be forced to seek shelter in the ports. " rivers,
bays, and dominions of the other, they shall be re
ceived and treated With; humanity ''sufficient' time
shall be allowed .for, the completion of repairs ; and
-while, any vessel may be undergoing them, its cargo
shall" no t-urihecessarilly. be -required to be "landed,
either in whole or In part ; all assistance and protec
tion shall be gjiren to enable the vessel to procure
supplies, and to place theniirr a condition ; to pursue
their voyage without obstacle or hindraptfa. "'
. , , Article XVIII. "V
All vesscs, merchandise, and effects, belongipg to
the citizens of either of tHe high contracting parties,
which may be captured by pirates, either cm the high
seas or within the limits of its jurisdiction, aiid may
be carried into or found in the rivers, roads, bays, or
ports, or dominions of the other; shall be delivered
up jo" the owners or atheif age'qts.'they proving, in
due and proper form, their rights before the compe
tent tribunals; it beihg understood that the claim
thereto shall be made within two years, by the owners
themselves, their agents, or the agents of the respec
tive governments. 1 '
'-;K-.;;-5,r " Abticlb" XIX." " "
The high contracting parties promise and engage
to give full and perfect protection to the persons and
property of the citizens ot each other, of all classes
and occupations, who may be dwelling or transient
in the territories subject to their respective jurisdic
tion they should have free and open access to the
tribunals of justice for their judicial recourse, On the
same terms as are usual and customary with the na
tives or citizens of the country in which they may be
and they shall be at liberty to employ, in all causes, the
advocates, attorneys, notaries, or agents, of what
ever description, whom they may think proper. The
said citizens shall not be liable to imprison went with
out formal commitment under'a" WarrEfnt'sIgned by a
legal authority, except in casesjjajranii delicti f and
they shall in all cases be brought before a magistrate,
or other legal authority," for', examination, within
twentyfour hours after arrest ; ahd if not so examin
ed, the accused shall forthwith be discharged from
custody. - Said citixens.S'whefi" detained ' in -prison,
shall be tre iteddurihg thefr"impri5oflm'ent with hu
manity, and no unnecessary severity, shall be exer
cised towards them. . . r " ,
: , ; '. -Article XX. '
; It is likewise agreed that perfect and entire liberty
6f conscience -shall be enjoyed by the citizens of both
the Contractingparties in the countries subject to the
jurisdiction of the one r the other, without their be
ing liable to be disturbed or molested on, account of
their leiigious oenet, so Jong as they respect the laws
and established usages of the country. Moreover,
the bodies of the ctizetis tf one of -the eontractin
partiee, who may me. in 'the territories of the "Other,
shall be buried in, the usual burying-grounds, or in
other decent and suitable places, and shall be protect
ed from violation or disturbance. --, "?'
Abticles' XXI" - :f.:':..'4.r'i--
' The citizens of the United States of America and
of the republic of Peru may sail with their vessels,
with entire freedom and security, from anv nort to
the ports or places of those who now are, or hereafter
shall be, enemies of either of the contractingparties,'
wnoever may De tne owners or the merchandise la
den in the said vessels. The eame citizens, shall a I.
so be allowed to ait with theiryessels. and to enrrv
and traffic with tfceif merchandise, from the ports
and places of the enemies of both parties, or of one
of them, without any hindrance, not only to nrutral
ports and plaes, but also from one port belonging to
an enemy to another enemy's port, whether- thev be
under the jurisdiction: of one power or under several.
And it is agreed that free ships shall give freedom
to goods, and that every thing &hall beeerd:,free
which shall be found on board the yesseis- belonging
to the citizens of either of The contracting parties, al
though the whole lading, or a part thereof, should
belong to the enemies of either, articles contraband
of war being always excepted; The same liberty
shall be extended to persons who may be on board
free ships, so that said persons cannot be taken out
of them, even if they may be enemies of both parties,
or of one of them, unless they are oncers or roldiers
in the actual serviceof the enemy." It is agreed that
the stipulations in this article declaring that the flag
shal coyer the property shall be understood ;as ap
plying to those nations only who recognise this prin
ciple; but if either of the contracting parties shall be
at war with a third, and the other shall remain neu
tral, the flag of the neutral shall cover the property
of enemies whose governments acknowledge this
principle, and not that of others.
; Article XXII. '
When the neutral flag of one of the contracting
parties shall protect the property of ihe enemies cf
the other, in virtue of the preceding auiclc, reutral
property found on board enemies': vessels thall J.iCe
wise be considered as-enemies', property, and iha.I
k. v;f tr. rtntontinn anr! rmfiscfiticn. urioes It
0UU1V. v uvivwuvM . r
shall have been put on ooara Deiore iueuuwuii"'v.
war.-or even afterwards, if it were done without
knowledge of such declaration; but the contracting
parties agree that ignorance cannot be alleged r.f:er
the lapse of six monihs from the declaration of war.
maw
the neutral emoarKea in enemies- vessta&uau ucnv.
. 1 " 1 1? hfl 1
- - Abticle XXIII.
rhe liberty of commerce and navigation stipulated
in the preceding articles shall extend to ail kinu3
fViPihandise except the articles called .contraband
The
for in 1
nT morhanHiBfi fiYfTPnt the STticleS
of-war, under which name shall De corEorturns
I. Cannons, mortars, howitzers, swivels, blutwr
busses, muskets, fusees, rifles. caTbincs, plstoIa.iJikcBi
swords, sabres, lances, spears, halberd grenade,
H.Vlwww..-. . , .J ,.
bombs, powder, matcnes, oaus, ana every .iuu be
longing to the use of these arms. 1
2 Bucklers, helmets, breastplates, coots of mail,
accoutrements, and clothes made up in military form,
and for military use. . . . , t ' ' V
3. Cavalry belts and horses, with their harne33.
4. And, generally, all offensive or defehsivearm3
made of iron, steel, brass, copper, prnfflny other
material, prepared 'and formed to make war by land
-. Article XXIV. -All
other merchandise and things not comprehend
a in th urtilra of contriband explicitly enumerated
and classified as above shall be held and considered
as free, and subjects of tree ana mwiui cuamcic. ,
that they may be carried and transported in the lre
est manner by both the contracting parties even U
places betongingfo a'enfcmy, excepting only inose
places which are at that Hme besieged or blockaded;
and to avoid all dNbubt in this particular, it iseclar
ed that those places only shall be considered as be
sieged or blockaded which are actual y invested or
attacked by a force capable of preventing the entry
of the neutral. - ' vv,r ' ' :' ' ' v-
. - f ARTICtB A A T s "
The articles of contraband, r those before enumr-
rated and classified, 'which may pe rouna in a vt
bound for an enemy's port, shall be subject to de: en
tion and confiscation ; but the rest of the cargo and
the Bhlp shall be left free, that th owners may dis
pose of them as they see proper. No vessel of ei
ther of the contracting parties snau do aeiruoeu u
h hioh BAan on Amount of having on board articles
OI coniraoana, wueucvci , , , ---
percargo of said vessel will deliver up the articles tf
contraband to the captor, unless, indeed, the quan
j . 1 j 1 . Ka m not or rfantnn rtr sin
tity of such arcicies De so greai, ui 01 u ihk -that
they cannot be received on board the capturing
ni withnnf trrrnt inconvenience j but in this and
all other cases of just detention, the vessel detained ,
shall be sent to the nearest convenient and sae port,
for trial and judgment according to law. " ' ' ,
v . ARTICLE A-A. VI..
And whereas It frequently happens that vessels
sail for a port or place belonging to an enemy With
out knowing that the same is besiegea, piockhocu,
or invested, it is agreed that every vessel so circum-
stanced may be turneaawayiromeavii
ev,nii nnt h p.tnlnedj nor shaaht part of her ,
careo.if not contraband, oeT"onuscaicu, out
having been warnea 01 suc utauc ui
by a commanding officer of 'a 'Vessel forming part or
the blockading forces.-she again .attempts to enter;
tv,a .hail hfi nrmuted to eo to any other port or
place the master or supercargo may think proper.
Nr shall anv vessel ot either party max may iie.
entered Into such port or place before the fame was
. 11 1 , k rtAViiin ArinvPMca dv i b unci.
k. oftni" frnm ie-avinrr it with her cargo ; nor, if
found therein before or after the reduction and sur
render, shall such vessel or her cargo be liable to
seizure, confiscation, or any demand on the score of
.j s tlnn . Ki,t tha owners thereof
shall remain iri the undisturbed possession of their
property. ; Ana u any us -"'v--v
the port beiore tne DiocKaae iou piavo ou' v
board a cargo after the blocKade pe estaDiisnro, ana
attempt to depart, she may be warned py tne &ioci
ading forces to return to the blockaded port, and dis
th en'ft ('nrproi And if. after receiving such
warning, the vessel shall persist in going out with
.ho ehoii h linVilft to the same consequen-
ces as in the case of a vessel attempting 'toemer a
blockaded port after having berr rned off by tht
blockading forces. : ;s 'J1 ' . "
v.- 'Article aji v 11. '
w - .... . . . . . . .... .
'lO prevent oiuuruei ; um . jiicjuiajn; , u
l.j..mlfiini, tKi voaaela nnd enrrocs of both the '
Contracting parties on the high seas,' they haven
greed, mutually, that whenever a vessel of war, pub
lic or private, shall meet with a neutral fcf the other
party, the former shall remain at the greatest dis
tance compatible with the possibility and safely of
making the virjt, under : the circumstances X)f wind
and sea and the degree 6f suspicion attending the
vessel to be visited, and thall send one ufhef unall
boats, with no more men than may be necessary to
execute the said examination of the papers concern
ing the ownership and cargo of the vessel, without
causing the least extortion, violence, or ill-trcatmen t,
tn.-oonot f wMfh ih fnmmander of said armed
vessels shall be responsible1 with -their persons and
property; for which pnrposethtf commanders of saxl
private armed vessels shall 'before receiving their
commissions, give sufficient security to answer for
all the injuries and damages they may commit.
And it Is exptesBly agreed, that the neutral party
rKoii in tin po lifl rfitiuired to po on board of the
examining vessels for the purpose of exhibiting the !
ship's papers, nor for any other piupose whatever.
1 Both contractifigparries likewise agree that when
one of them shall be engaged In war the vessel of
the other must be furnished with sea-letters, patents,
orpassporis.Hn vyhich shall be expressed the name,'
burden of the vesscl.'and the name and place of res
idence of the owner, a'ndfmaster, or captain thereof.
In order that it may appear 'that the vessel' really
and truly belongs to citizens of t he said other party.
It is also agreed that such vessel, being laden, be
sides the said sea-letters, patents, orp3sport3, ehcli.
be provided wiih manifests or certificates, contain
ing the particulars of the cargo and the place wheie
it was taken on board, so that it may bo known
-u.i. n n rrt nftho lamo ennsiata rsf ron trshf!r..t
or prohibited articles; which 'certificate sha 1 be
made out in the accustomed form by the authorities
I- . I A - ..V. . . V. n MAnnl 1 . f . 1 ' ,
VI mc poll W I1CUI E llin Tcccri DO unu .T4mvvj. .'..n. n
requisites the vessel may be detained, to be adjur
ed by the competent tribunals, and may be declare J
good and leeal prize, unless it shall be proved tl.u
the said defect or omission was owing to accident,
nr unless it shall be satiffipd or supplied bv tpstin.o-
my equivalent In the opinion of the said tribunal,
fir which purpose there man De aiiowca a rcascr..
ble length of time to procure and present it.
( Article XXIX. .. .
.Ths' preceding stlptilationS relaiive to the visit
and examination of vessels shall apply only to tho?
which sail witnout convoy f for when said vc?;s;j
shall be under convoy, the verbal declaration cf tha
commander of the convoy, on his word of Lcr.or,
that the vessels under his protection belong to iha
nation whose flag they carry, and, when they sre
bound to on enemy's port that they have no contra
band goods on board; shall bo niiScient.
'-- Abticle XXX.
V It is further agreed that, in all prize en?-", t1 ?
courts epecially estatlUhed for juchcaus;fs in ;
country to which the prizes may be conducted il I
alone take cognizance of them.' And wherevipr - i
courts of either party Fhall prorour.ee j - t
against any vessel, merrh'ar rli-e, or proteity c!;.;...-
ed by th3 citijens cf the other party, the ;
On the contrary, in tnose cases wnere uib hu L1
lltUtlUt UUVJ JK - ' ,
ftA rnnnn on noara. : liib iruuua ui itici -n(iiiuv