The Portland daily press., 1875-02-02

paid ty any other association o: company
ARTICLE Y.
For the better understanding of the preceding ar
ticleS and tain 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 captain is also citizen OF the same
though the construction or the crew is or may be for
egn shall be considered for all OF the objects of this
treaty as a Peruvian vessel.
ARTICLE XII
The merchants, commanders, or masters of YES
sells 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-
risdicion 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 act in such capacities,
be compelled to pay any salary remuneration to
any one whom they do not wish to employ. Abso-
lutte freedom shall be given. well with respect to
the consignment and sale Of their merchandise and
articles of commerce. to the purchase OF their re-
turns unloading, loading, and sending OFT their yes
ses The buyer and seller shall have full liberty to
bargain together and fix the price of any merchan-
disc or articles of commerce imported into or to De
exported from the territories OF either contracting
party, the regulations of commerce estabhshed III
the respective countries being in every case duly op
served.
ARTICLE XII.
The citizens of either of the high contracting par
ties shall have the full power and liberty TO DISPOSE
of their personal and real estate ana eects OF every
kind and description, within the jurisdiction OF the
other by SALE donation testament OF ah b
other party shall succeed to the said personal and
real estate and Effects whether by testament or alb in
testato. and may take possession OF the same them
selves or by others acting for them and dispose OF
the same at their pleasure, paying such dues only as
the citizens of the country wherein SAID estate anu
effects may be shall be subject TO pay in like places
ARTICLE XIII.
If any vessel belonging to the citizens of either Of
the high contracting parties should he wrecked,
suffer damage, or be left derelict on or near the
coasts within the territories of the other all assist,
ance and econ shall be given to such vessel ana
her crew and the vessel or any part thereon ana all
furniture and appurtenances beloneing thereto, to-
geher with all the merchandise which thai be saved
fherefrom or the produce thereof if sold, shall be
faithfully restored to the owners or their agents,
they paying only the expenses incurred In the pres.
eryation Of the property together with the rate Of
salvage which would have been payable, in Fa Ease,
BIZ national vessels; and it shall " m1tted for
them to unload the merchaDdis" III effects on board
introduction tfOut exaeting in such case any duty
impost or contribution whatever, provided he same
be exported.
When through stress of weather, want Of water
or provisions pursuit of enemies or pirates the YES
sells of one of the high contracting parties whether
of war, pubie or private or OF trade OF ePaoyeu
rivers, bays and domnions of the other, they snal
be received and treated with humanity; sufhclenl
time shall be allowed for the completion OF repairs
and while any vessel may be undergoing them, it,
cargo shall not unnecessarily berequired to be landed
either in whole or in part; all assistance ana pro
lection shah be given to enable the vessels to pro
cure supplies, and pace them in condition tC
pursue their voyage without obstacle or hindrance.
ysftF ARTICLE XIV. EFrt
All vessels merchandise and effects belonging tt
the citizens Of either of the high contracting parties
which NAV be captured by pirates either the higl
seas or within the limits of its jurisdiction, and may
be carried into found in the rivers roads, bays
ports or domnions of the other, shall be delivered
up to the owners their agents, they proving, IL
due and proper form, their rights before the compe
tent tribunals, it being undeIst that the claim
thereto shall be made within two years by the own
ers themselves, their agents. or the agents OF the re
spective governments.
- ~ ARTICLE XVI.
The high contracting parties promise and engage t.
give full and perfect protection to the persons ant
nroperty of The citizens of each other OF all classes
and occupations, who may be dwelling or transfer
in the territories subject to their respective risdic
ton they shall have free and open access to the tr
bunals OF justice for their judicial recourse on thu
same terms as usual and customary with the ma
tives or citizens Of the country in which the.
may be; and they shall be at liberty to employ,
all causes, the advocates, attorneys, notaries o.
agents. of whatever description, whom they may
think proper. The said citizens shall not be Liable
| to Imprisonment without formal commitment undel
a warrant signed by legal authority except in cases
faqyaRtiS deficit and they shall in all cases D'
brought before magistrate or other legal ausnora
rest; and if not so examined, the accused shall
forthwith be discharged from custody Said citizens
when detained in prison, shall be treated, during
their imprisonment, with humanity, and no unneces'
sarv severity shall be exercised toward them.
ARTICLE XVII. O.. ...FF.
II is likewise agreed that perfect and entire liberty
of conscience shall be enjoyed by the citizens OF bott
the contracting parties in the countries subject
the jurisdiction of the one or the other, without
their being liable to be disturbed molested
count of their religious belief 50 long as they respect
the laws and established usages of the country
Moreover the bodies of the citizens of one of the
contracting parties who may die in the territories
in oil Suit9hlp nlaceS
Shall be protected from violation or disturbance
ARTICLE XVIII.
The citizens of the United States of America and o.
the Republic of Peru may sail with their vessels witt
entire freedom and security from any port to the por
or places of those who hereafter shall etht
enemies of either OF the contracting parties, whoever
NAV be the owners of merchandise laden in the said
vessels. The same citizens shall also be allowed &c
sail with their vessels and to carry and traffic witt
their merchandise from the ports and places of the
enemies Ct both parties or OF one OF them, w1thou,
any hindrance not only to neutral ports and places
but also from port belonging to an enemy to an
other enemys port whether they be under the Jurls
dicton of power or OF several And 1t is agreed
that free ships shall give freedom goods and tina
everything shall be deemed free which shall be ount
| on board the vessels belonging to the citizens O
iadne. or part thereof, should belong to the enc
mics of either, articles conlraband OF war beins
always excepted. The same liberty shall be EXTENDED
| to persons who may be board free ships, tina
] SAID persons cannot be taken out OF them. even
they may be enemies of both parties, or Of one o
them unless they officers or soldiers in the actua
service of the enemy 1t is agreed that the st!pula
lions in this article declaringthat the flag shall GOV
er the property shall be understood as applying tC
those nations only who recognize this principles bu
if either of the contracting parties shall be at wal
with third and the other shall remain neutral, thu
flag of the neutral shall cover the property Of enc
mics whose governments acknowledge this principle
and not that of others.
ARTICLE XIX.
/ When the neutral flag of one of the contracting
parties shall protect the property of the enemies OF
the other in virtue of the preceding article neutral
nrorerty found on board enemies vessels shall like
wise be considered enemies property, and shall be
subject to detention and contscaton, unless it shall
have been put on board before the declaration OF
war or even afterwards, if it done without
knowledge of such declarations but the contracting
parties agree that ignorance cannot be alleged after
the lapse of six months from the declaration of wal
on the contrary in those where the flag of the
neutral does not protect enemies property which
may be found on board the goods or merchandise Of
the neutral embarked in enemies vessels shall be
free. ~
The liberty of commerce and navigation stipu.
lated for in the preceding articles shall extend to al
kinds of merchandise, except the articles called con-
hended:
i. TCannons mortars, howitzers, swiyels, blunder
buses, muskets, tusees, rifles, carbines, pistols
pixies swords, sabres, lances, spears balberds gren
ades bombs, POWDER matches, balls, t0rpedoes, and
everything belonging to the use of these arms. =,
2, Buckers, hemlets, breastplates, coats Of mail
form and for military use.
g. Cavalry belts and horses with their harnesses
f. And. generally, all offensive and defensive arms
made of iron, STEEL brass, copper, or any other ma
teral, prepared and formed to make war by land Of
sea.
I r.. ARTICLE XXI.
All other merchandise and things not compre-
hended in the articles of contraband explicitly emu
merated and classified as above shall be held and
sdered free, and subjects of Free and lawful COM
merce so that they be carried and transported in
the freest manner by both the contracting parties
even to places belonging TO an enemy, excepting
only those places which at that time besieged OF
blockaded and to avoid all doubt in this particular
1t is declared that those places only shall be consid
cred as besieged blockaded which actually III
vested attacked by force capable of preventing
the entry of the neutral.
ARTICLE XXI.
The articles OF contraband, or those before emu
merated and classified which may be found in YES
sci bound for enemys port shall be subject to de-
tention and confscaion, but the rest of the cargo
and the ship shall be left Free that the owners may
dispose of them as they see proper. No vessel of
either of the contracting parties shall be detained on
the high account of having on board articles
of contraband, whenever the master, captain or SUI
percargo of said vessel will deliver up the articles of
contraband to the captor, unless, indeed the guam
tity of such articles be great, of large bulk
vessel without great Inconvenience; but in this and
in all other cases OF just detention, the vessel de-
tanned shall be sent to the nearest convenient and
safe port for trial and judgment, according to law.
pi ARTICLE XIII.
And whereas it frequently happens that vessels
sail for port or place belonging to an enemy with
out knowing that the is besieged, blockaded,
invested, it is agreed that every vessel so crcum-
stanced may be turned away from such port or place,
Il. 49, 800 H.