1839 order to execute the said examination of the papers, concerning the ownership and cargo of the vessel, without causing the least extortion, violence or ill treatment, for which, the commanders of the said armed ships, shall be responsible with their persons and property for which purpose, the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to ans wer for all the damages, they may commit; and it is expressly agreed, that the neutral party shall, in no case, be required to go on board the examining vessel, for the purpose of exhibiting his papers, or for any other purpose whatever.

ART. XXII. To avoid all kinds of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties, they have agreed and do agree, that in case one of them should be engaged in war, the ships and vessels belonging to the citizens of the other, must be furnished with sea letters or passports, expressing the name, property and bulk of the ships; as also, the name and place of habitation of the master and commander of the said vessel, in order that it may thereby appear that the said ship truly belongs to the citizens of one of the parties; they havel ikewise agreed, that such ships being laden, besides the said sea letters or passports, shall also 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 forbidden or contraband goods be on board the same; which certificates shall be made out by the officiers of the place whence, the ship sailed, in the accustomed form without such requisites, the said vessels may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and satisfied or supplied by testimony entirely equivalent.

ART. XXIII. It is further agreed, that the stipulations above expressed, relative to the visiting and examination of vessels, shall apply only to those, which sail without convoy, and when the said vessels shall be under convoy the verbal declaration of the commander of the convoy, on his word of honour, that the vessels under his protection belong to the nation, whose flag he carries; and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.

ART. XXIV. It is further agreed, that in all cases the established courts for prize-causes in the country, to which the prizes may be conducted, shall alone take cognizance of them; and whenevér such tribunals, of either party, shall pronounce judgment against any ves

sel, or goods, or property claimed by the citizens of the other party, 4839 the sentence or decree shall mention the reasons or motives, on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same.

ART. XXV. Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission or letter of marque, for the purpose of assisting or co-operating hostilely with the said enemy, against the said party so at war, under the pain of being considered as a pirate.

ART. XXVI. If, by any fatality, which cannot be expected and which God forbid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those, who dwell in the interior, to arrange their business and transport their effects, wherever they please, giving to them, the safe-conduct necessary for it, which may serve as a sufficient protection, until they arrive at the designated port. The citizens of all other occupations, who may be established in the territories or dominions of the United States and the Republic of Ecuador, 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.

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

ART. XXVIII. Both the contracting parties being desirous of avoiding all ine quality in relation to their public communications and official intercourse, have agreed and do agree, to grant to the envoyes, ministers and other public agents, the same favors, immunities and exemptions, which those of the most favored nation do or shall enjoy it being understood, that whatever favors, immunities or privileges, the United States of America or the Republic of Ecuador 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.

1839

ART. XXIX. To make more effectual the protection, which the United States and the Republic of Ecuador shall afford in future, to the navigation and commerce of the citizens of each other, they agree to receive 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.

ART. XXX. In order that the consuls and vice-consuls of the two contracting parties may enjoy the rights prerogatives and immunities which belong to them by their public character, they shall, before entering on the exercise of 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 district in which they reside.

ART. XXXI. It is likewise agreed, that the consuls, their secretaries, officers and persons attached to the service of consuls, they not being citizens of the country in which the consul resides, shall be exempted from all kinds of taxes, imposts and contributions, except those which they shall be obliged to pay en account of commerce or their property, to which the citizens and in habitants, native and foreign, of the country in which they reside, are subjects; being in every thing besides, subjects to the laws of the respective states. The archives and papers of the consulates shall be respected inviolably, and, under no pretence whatever, shall any magistrate seize, or in any way interfere with them.

ART. XXXII. The said consuls shall have power to require the assistance of the authorities of the country, for the arrest, detention and custody, of deserters from the public and private vessels of their country, and for that purpose they shall adress themselves to the courts, judges and officers competent, and shall demand the said deserters in writing; proving by an exhibition of the register of the vessel's or ship's roll, or other public documents, that those men were part of the said crews, and is this demand so proved, (saving however, where the contrary is proved), the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said consuls and may be put in the public prisons, at the request and expense of those, who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from

the day of their arrest, they shall be set at liberty and shall be no 1839 more arrested for the same cause.

ART. XXXIII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a consular convention, which shall declare especially, the powers and imminuties of the consuls and vice-consuls of the respective parties.

ART. XXXIV. It is further agreed, that the words « most favored nation», that occur in this treaty, shall not be so construed as to prevent either of the contracting parties, from concluding any treaty or convention, with any other nation or state, it may think proper, as ireely and as fully as though said words were not used: Provided however, that notwithstanding any such treaty or convention, the citizens of the United States shall be placed in Ecuador, with respect to navigation and commerce, upon an equal footing with the subjects of Spain and with the citizens of Mexico and of the other Hispano-American States, with which treaties have been, or may be, concluded; and that the citizens of Ecuador shall be entitled to enjoy, in the United States, the same rights and privileges with respect to navigation and commerce, that the citizens of the United States enjoy, or shall enjoy, in Ecuador.

ART. XXXV. The United States of Amerika and the Republic of Ecuador, desiring to make as durable as circumstances will permit, the relations which are to be established between the two parties, by virtue of this treaty of peace, amity, commerce and navigation, have declared solemnly and do agree to the following points:

4st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of 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 twelve years. And it is hereby 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 perpetually and permanently binding on both powers.

24. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and harmony and good correspon

1839 dence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation.

3. If (what indeed cannot be expected) unfortunately, any of the articles contained in the present treaty, shall be violated or infringed in any way whatever, it is expressly 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 first have 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 etc. etc.

FRANCE ET TAÏTI (ILES DE LA
SOCIÉTÉ.)

Convention entre le capitaine de vaisseau Abel Dupetit-Thouars, commandant la frégate la Vénus, au nom du roi des Français, et la reine Pomaré d'O' Taïti; signée le 4 septembre 1838, avec l'article additionnel du 20 juin 1839.

Il y aura paix perpétuelle et amitié entre les Français et les habitants d'O'Taïti.

Les Français, quelle que soit leur profession, pourront aller et venir librement, s'établir et commercer dans toutes les îles qui composent le gouvernement d'O'Taïti; ils y seront reçus et protégés comme les étrangers les plus favorisés.

Les sujets de la reine des iles d'O'Taïti pourront également venir en France; ils y seront reçus et protégés comme les étrangers les plus favorisés.

Fait et arrêté, etc....