Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-08-09


if necessary of its merchandise and effects, without
exacting for it any duty, impost, or contribution
whatever, unless they may be destined for consump
ton sale in the country or the port where they
may have been disembarked.
ARTICLE IL.
The citizens of each ofthe contracting 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
being citizens OF the other party,
shall succeed to their said personal goods real
estate, whether by testament or ab intestato and
they may take possession thereof either by them
selves others acting for them, and dispose of the
same at their will, paying such dues only as the in
habitans Of the country wherein said goods shall
be subject to pay in like cases.
I ARTICLE Is.
Both contracting parties promise and engage for
mally to give their special protection to the persons
and property of the citizens of each other of all
equations, who may be in the territories subject to
the jurisdiction of one or the other, transient
dwelling therein, leaving open and free to them the
tribunals of justice for their judicial recourse, the
same terms which usual and customary with the
natives or citizens of the country; for which pur-
pose, they may either appear in proper person, or
employ in the prosecution defence of their rights
such advocates, solicitors, notares agents, and fac
tors they may judge proper In all their trials at
law and such citizens agents shall have free OPP
portunity to be present at the decisions sentences
of the tribunals, in all cases which may concern
them, and likewise at the taking of all examinations
anu eFlucuCeS WHICH Inlay NC tANlD4tSu al TIC Sdlu
trials.
ARTICLE IA.
The citizens of the United States residing in the
territories OF the republic of New Granada Shall en-
JOY the most perfect and entire security circumstance
without being annoyed, prevented, or disturbed on
account Of their religious belief. Neither shall they
be annoyed, moested, disturbed in the proper eX
ercise OF their religion in private houses, in the
chapes places of worship appointed for that pur
pose, provided that in doing they observe the de-
~ divine " hin and the reSDpct due to
the laws, usages, and customs of the country. Ii
berry shall also be granted to bury the citizens of the
United States who may die in the territories Of the
republic Of New Granada, in convenient and adequate
places, to be appointed and established by themselves
for that purpose, with the knowledge of the local
authorities, in such other places OF seputure as
may be chosen by the friends Of the deceaced; nor
shall the funerals sepulchres of the dead be dis
turbed III anywise, nor upon any account.
In like Manner the citizens OF New Granada Shall
enjoy within the government and territories of the
United States, perfect and unrestrained liberty OF
conscience and OF exercising their religion, publicly
privately within their own dwclling-houses, or IN
the chapels and places Of worship onted for that
purpose, agrceably to the laws, usages and customs
the United states.
ARTICLE 10.
1t shall be lawful for the citizens of the United
States of America and uf the republic of New Ora
nada to sail with their ships with all manner of lib
erty and security, distinction being made who
are the propretors of the merchandise laden there
on, from any port to the places of those who now
hereafter shall be at enmity 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 security from the Places, ports,
and Ravens of those who are enemies of both or Ell
Their party, without any opposition or disturbance
whatsoever, not only directly from the places Of the
enemy before mentioned to nuetral places but also
from one place belonging to an enemy to another
place belonging to enemy, whether they be under
f,,I ttrIS tar nt ono ar
And it is hereby stipulated that free ships shall also
give freedom to goods, and that every thing which
shall be found board the ships belonging to the
citizens of either of the contracting parties shall be
deemed to be free and exempt, although the whole
laden or any part thereof should appertain to the
enemies of either (coBtraba md goods being always
eXceptedD II is also agreed, in like manner, that
the same liberty shall be extended to persons who
on board free ship, with this effect, that al
though they be enemies to both either party they
not to be taken out Of that free ship unless they
officers and soldiers, and in the actual service of
the enemies: provided, however, and II Is hereby
agreed, that the stpulations E this article contain
ed declaring that the flag shall cover the property,
shall be understood applying to those powers on
ly who recognize this lrincipc; Dut If either OF the
two contracting parties shall be at war with third,
and the other remains neutral, the fay of the ncn-
tral shall cover the property OF enemies whose gov
ernments acknowledge this principle and not of
others.
ARTICLE 16.
1t is likewise agreed, that in the case where the
neutral flag of one of the contracting parties Shall
protect the pOperty of the enemies OF the 0teE by
virtue of the above stipulation. ii shall always be
understood that the neutral property found on board
such enemies vessels shall be held and CONSIDER cd
as enemies property, and as such shall he liable 10
detention and Contiscation. except such property as
was put on board such vessel before the declaration
Of war, even afterwards, if IL were cone without
the knowledge of it; but the contracting parties
agree that two months having elapsed after The de-
cIaration of war, their citizens shall not plead gno-
rance thereof On the contrary, if the flag of the
nl:etral does not protect the enemit s. property, III
that case the goods and merchandise of the neutral
embarked on such enemies ship shall be free.
ARTICLE II.
This liberty of navigation and commerce shall
extend to all kinds of merchandise, excepting tho Sc
only which distinguished by the name of contra
band; and under this name of coRtrGbdnd, or pro-
hibited goods, Shall be comprchcnGed
LIST. Cannon, mortars, howtzers, swivels, blum
derbusses, muskets, rifles, carbnes pistols, pixies,
swords, sabres anccs, spears halberts, and grena-
dcs, bombs, powder, matches, balls and all other
things belonging to the use Of these arms
Cd. Buckers, helmets, breastplateS, coats of mail,
infantry BELTS and clothes made up IN the form and
for the military use.
3d Cavalry belts, and horses with their furniturs
4th. And generally all kinds of arms and instru-
ments of iron, steel, brass, and "copper" or of any
other materials manufactured, prepared, and form
cd expressly to make war by sea or land.
9Th. Provisions that are imported into besicged
or blockaded places.
ARTICLE IS.
/ All other merchandise, and things not Compre
hended in the articles of ContrabandeXpCltlye num
Grated and classified above, Shall be held and con-
sidercd as free, and subject of free and lawful COM
mcrce so that they may be carried and transported
in the freest by the citizens of both the con-
tractin~ parties to places belonging TO an enc
my, excepting those places only witch are at that
time bcsieged or bloCkaded; and to avoid all doubt
in this particular it is declared that those places
Iy are besieeed or blockaded which actually at
tackled by belligerent force capable OF preventing
the entry OF the neutral.
ARTICLE 10.
! The articles Of contraband, before enumerated
and classified, which may be found in a vessel bound
for an enemy's port, shall be subject to detention
and confscaion leaving free the rest of the cargo
and the ship, that the owners may dispose OF them
as they see proper. No vessel of either Of the two
| nations shall be detained on the high &C
count of having on board articles of conraband
whenever the master, tain, or supercargo Of said
vessels will deliver up the articles of conrabaId tC
the CANTOR unless the quantity Of such articles be sc
treat and of so large bulk, that they cannot be
ceived on board the capturing ship without great
Inconvenience; hut in this and all other cases OF
inst detention the vessel detained shall be sent tc
the nearest conv enent and safe port for trial ant
Judgment according to law.
ARTICLE 90.
And whereas it frequently happens that vessels
sail for port or place belonging TO an enemy, with
out knowing that the same is besleged or biockad
cd or invested il is agreed that every vessel so cir
cumstanced NAV be turned away from such port oil
nIoce hut shall not be detained, shall any par