The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-06-16


those men were part OF the said crews and this de
mand proved Saving however, where the contrary
is proved by other tesmonies the delivery shall not be
refused Such deserers when arrested shall be put
the disposal of tn. said eon.as and may S Pu. in the
reclaim lhem TO be sent 10 the ships 10 which they be-
longed. to others OF the same nation But il they be
not sent back within two months, 10 be counted from the
day Of their arrest they shall be liberty and shall
be no more arrested Tor the same cause
ARTICLE "a Q
For the purpose Of efiectually protecting the
and navigation, the two contracting parties dc
hereby agree to form, hereafter circumstance
will permit. consular convention, which shall declare
specially the powers and immunes of the consus and
vice consuls OF the respective parties.
ARTICLE IS.
The United States of America and the republic of New
Granada desiring TO make durable possible the rea-
tons which to be the two parties
by virtue of this treaty. have declared solemny and do
agree To the following points:
lst For the better understanding of the preceding
uces II and has been stipulated between the high
tracing parties that the citizens, vessels and merchan
disc OF the United States shall enjoy in the ports OF New
Granada including those of the part Of the Grnadlan
territory generally denominaed shmus Of Panama. from
ITS southernmos extremity until the boundary OF COSTA
Rica, all the exemptions, privileges, and lmmunues con-
cernng commerce and navigation which are now OF may
hereafter be enjoyed BY Granadan citizens their vessels
and merchandise and that this equaly OF iayors snail
be made to extend the and
merchandise OF the United States in their transit across
the said territory from to the other The gov
eminent of New Granada guarantees to the government
Of the United States that the right OF transit across
the isthmus of Panama upon any modes OF COmmunica
ton that now exist that may be hereafter constructed
shall be open and free to the government and citizens of
the United States, and for the transportation OF any ar
ces of produce, manufactures, merchandise, OF lawful
commerce. belonging to the citizens of the United States
that other tolls charges shall be levied collected
upon the citizens of the United States, their said
chandse thus passing any road canal that may be
made by the government of New Granada, by the
1honty OF the same than is, under like circumstances
lau,nI nl xko
that any lawful produce manufactures, merchandise
belonging to citizens OF the United States thus passing
from the other, in either direction, for the pur
pose OF expectation any other foreign country shall not
he liable to any import duties whaever Or having paid
such duties. they shall be entitled to drawback upon
their exporaton nor shall the citizens of the United
States be liable TO any duties tolls, charges of any
kind to which native citizens are not subjected for
thus passing the said sthmus And in order to
to themselves the Tranquil and constant enjoyment of
these advantages, and as especial compensation for
the said advantages and for the favors they have
CURED by the 4h 5th and 9th articles of this treaty the
United States guaranty positively and efcaciously to
New Granada by the present stipulation, the perfect
ay of the aforementioned shmus, with the view that
the free transit from the to the other may be
interrupted or embarrassed in any future time while this
treaty exists and in consequence the United States also
guaranty, in the manner, the rights Of sovereignty
and property which New Granada has and
3D. The present treaty shall remain in full force and
vgor for the term OF twenty years from the day of the
exchange of the ratcatons and from the same day the
treaty that concluded between the United States and
Colombia on the 18th of October 1884, shall cease to
have effect notwithstanding what was disposed in the
first point of its list article
3D. Notwithstanding the foregoing if neither party no.
ies to the other its intention of reforming any of all
the articles of this treaty twelve months before the exp
ration OF the twenty years stipulated above, the said
treaty shall continue binding both parties beyond the
said twenty years. until twelve months from the time that
one OF the parties notifies its intention OF proceeding to
reform.
4h II any or more of the citizens of either party
shall infringe any Of the articles of this treaty, such cit
zens shall be held personally responsible for the same,
and the harmony and good correspondence between the
two nations shall not be interrupted thereby; each party
engaging in no way to protect the offender. or sanction
sth If unfortunately any of the articles contained
this treaty should be violated infringed in any way
whatever is expressly stipulated that neither of the
two contracting parties shall ordan authorize any
OF reprisal, shall declare war against the other
complaints OF injuries damages, until the said party
statement OF such injuries damages verified by
petent proofs demanding justice and satisfaction and the
same shall have been denied in violation Of the laws
and of international right
9Th. Any special remarkable advantage that
the other power may enjoy from the foregoing stpula
tons are and ought to BE- always understood in virtue
contracted and which have been specified in the first
number of this article.
ARTICLE SO.
The present treaty of peace, amity, commerce, and
navigation shall be approved and ratified by the President
OF the United States by and with the advice and consent
OF the Senate thereof; and by the President of the
ton OF the Congress of the and the Publications
shall be exchanged in the city of Washington, within
eighteen months from the date of the signature thereof,
sooner if possible
In faith whereof, We the plenpotentiaries of the
United States OF America, and of the republic of New
Granada have signed and sealed these presents in the
city of Bogota the twelfth day of December in the
year OF our Lord thousand eight hundred and forty
[sEAL1 B.A BIDLACK
[sEALl M. M MALLARINO
ADDITIONAL ARTICLE.
The republics of the United States and of New Granada
viii hold and admit national ships of the other,
all those that shall be provided by the respective govern
nents with patent issued according to its laws
The present additional article shall have the same force
validity if it inserted, word for word in the
treaty signed this day 1t shall be ratified, and the rati.
iications shall be exchanged at the same time
In witness Whereof the respective penpotentiares
have signed the same and have affixed thereto their seals
Done the city of Bogota, the twelfth day of Decem-
her, in the year Of Lord thousand eight hundred
and forty six
CsEAL] B. A. BIDLACK
[sEAL M. M. MALLARINO