Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-07-07
terested an equitable and sufficient indemnii-

VI th0 contracting paFUeS snail be forced to
seek refuge or asylum in the rivers, BAYS,
ports, or dominions of the other with their
vessels, whether merchant or of war, public
or private, through stress of weather, pursuit
OF pirates or enemies, or want of provisions or
water, they shall be received and treated with
humanity, giving to them all favor and pro-
lection for repairing their ships. procuring pro-
visions, and placing themselves in a situation
to continue their voyage without obstacle or
hlndrance of any kind, or the payment Of port
tees, or any charges other than piotage, ex-
cept such vessels continue in port longer than
forty-elght hours, counting from the time they
cast anchor in port
Article TO- All the ships. merchandise, and
effects, belonging to the citizens of one of the
contracting parties, which may be captured
by pirates, whether within the limits of its
jurisdiction or on the high seas, and may be
carried or found in the rivers, roads, bays,
ports, or dominlons of the other, shall be de-
llvered up to the owners, they proving in due
and proper form their rights before the compe
tent tribunals; it being we'll understood that
the clam shall be made within the term of one
year by the parties themselves, their attorneys
or agents, OF their respective governments.
Article II. When any vessel belonging to
the citizens OF either of the contracting pal
ties shall be wrecked or foundered, or shall
suffer any damage on the coast, or within the
domlnons OF the other, there shall be given
10 them all assistance and protection, in the
same manner which is usual and customary
with the vessels of the nation where the dam
age happens; permitting them to unload the
SAID vessel, 1t necessary, of its merchandise
and effects, without exactng for it any duty,
Impost, or contribution whatever, unless they
may be destined for consumption or sale in
the country or the port where they may have
been disembarke ed
Article -, The citizens of each of the con-
tracing parties shall have power to dispose Of
their personal goods or real estate within the
jurisdiction OF the other, by sale, donation,
testament, or otherwise : and their representa-
tIves, being citizens of the other party, shall
succeed to their said personal goods or real es-
tate, whether by testament or ob 1Ttestdto, and
they may take possession thereof, either by
themselves or others acting for them. and dis
pose of the same at their will, paying such
dues on y as the inhabitants OF the country
wherein said goods are shall be subject to pay
in like cases
Article 10. Both contracting parties promise
and engage formally to give their special pro-
lection to the persons and property OF the cit
lzens OF each other, of all occupations. who
may be in the territories subject to the iuris-
dlctlon OF one or the other, transient or dwell
ling therein, leaving open and free to them the
tribunals of justice for their judicial recourse,
on the same terms which are usual and Gus
tomary with the natives or citizens of the
country; for which purpose, they may either
appear IN proper person, or employ in the
prosecution or defence of their rights such ad-
vocates, solicitors, notaries, agents, and fac
tors as they may Judge proper in all their tri-
ais at law; and such citizens or agents shall
have free opportunity TO be present at the de-
cisions or sentences of the tribunals, in all ca
ses which may concern them, and likewise at
the taking of all examinations and evidences
which may be exhibited in the said trials
Article IA. The citizens IF the United States
residing in the territories of the republic of
New Granada shall enjoy the most perfect and
entire security of conscience without being
annoyed, prevented, or disturbed on account
of their religious belief Neither shall they
be annoyed, moIested, or disturbed in the pro-
per exercise Of their religion in private hou-
ses, or in the chapels or places of worship ap-
pointed for that purpose, provided that in SO
doing they observe the decorum due TO divine
worship and the respect due to the laws, usa-
ges, and customs of the country. Liberty shall
also be granted to bury the citizens Of the Uni
ted States who may die in the territories OF
the republic of New Granada, in convenient
and adequate places, to be appointed and es-
tablished by themselves for that purpose, with
the knowledge of the local authorities, or in
such other places of sepulture as may be cho-
sen by the friends of the deceased nor shall
the funerals or sepulchres of the dead be dis
turbed in anywise, nor upon any account.
In like manner, the citizens of New Grana-
da shall enjoy within the government and ter
rtories of the United States, perfect and IN
restrained liberty of conscience and of exerci-
sing their religion, publicly or privately, with
in their OWL, dwelling houses, or in the chap
els and places of worship appointed for that
purpose, agreeably to the laws, usages, and
customs of the United States.
article IS 1t shall be lawful for the citi-
zens of the United States of America and OF
the republic of New Granada to sail with THEN
ships with all manner of liberty and security
no distinction being made who are the propri.
etors of the merchandise laden thereon, from
any port TO the places of those who now are
or hereafter shall be at enmty with either Of
the contracting parties. 1t shall likewise be
lawful for the citizens aforesaid to sail with
the ships and merchandise before mentioned
and to trade with the same liberty and securi
tv from the places, ports, and Ravens Of those
who are enemies of both or either party, with
out any opposition or disturbance Whatsoever
not only directly from the places of the enc.
my before mentioned to neutral places, but al
so from one place belonging to an enemy tc
another place belonging to an enemy, whether
they be under the jurisdiction of one power o.
under several And it is hereby stipulated
that free ships shall also give freedom to goods
and that every thing which shall be founG
on board the ships belonging to the citizens o
either of the contracting parties shall be deem
Ell to be free and exempt, although the whole
lading or any part thereof should appertain Il
the enemies of either, (contraband goods be
ing always excepted.) 1t is also agreed, il
like manner, that the same liberty shall be ex
tended to persons who are on board a FREE
ship, with this effect, that although they b.
enemies to both or either party, they are no
to be taken out of that free ship unless the7
are officers and soldiers, and in the actual ser
vice of the enemies: provided, however, an,
it is hereby agreed, that the stpulations il
this article contained, declaring that the fla
shall cover the property, shall be understoo;
as applying to those powers only who recog
Mise this principle; but if either of the tw'
contracting parties shall be at war with
third. and the other remains neutral, the fla
of the neutral shall cover the property of en-
emies whose governments acknowledge thi
principle, and not OF others.
article Is. It is likewise agreed, that in tn
case where the neutral flag of one Of the con