Vandalia Whig and Illinois intelligencer. [volume], May 09, 1832, Image 1

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V AND ALIA WHIG4
'' ./.»“#/ IEEIJVOIS IJ)TTEEEIGEJ\'CER.
BY GREINER & SHERMAN.] WEDNESDAY, MAY 9, 133>. [NEW SERIES. VOL. I—NO. VIR
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BY AUTHORITY.
BY THE PRESIDENT OP THE UNITED STATES
OF AMERICA.
A PROCLAMATION.
Whereas, a Treaty of Amity, Commerce,
and Navigation between the United States of
America and the United Mexican States was
concluded and signed by the Plenipotentiaries of
the two countries, at Mexico, on the fifth April,
thousand eight hundred and thirty-one, which
Treaty is word for word as follows:
The United States of America and the Unit
,d Mexican State-, desiring to establish upon a
rm basis the relations of friendship that so hap
pily subsist between the two Republics, have
determined to fix, in a clear and positive manner,
the rules which shall in future be religiously
observed between both, by means of a treaty of
Amity, Commerce, and Navigation. For which
important object, the President of the United
States of America lias appointed A uthony But
ler, a citizen of the United States, and Charge
d’ Affairs ot the United States of America near
the United Mexican States, with full powers.
And the Vice President of the United Mexican
States, in the exercise of the Executive power,
having conferred like full powers on his Excel
lency Lucas Alamau, Secretary of State for
Home and Foreign affairs, and his Excellency
Raphael Mangino, Secretary of the Treasury;
and the aforesaid Plenipotentiaries after having
compared and exchanged in due form their seve
ral power os aforesaid, have agreed upon the fol
lowing articles:
ARTICLE I.
There shall be a firm, inviolable, anil univer
sal peace, and a true ami sincere friendship be
tween the United States of America and the
United Mexican States in all the extent of their
possessions and territories, and between their
people and citizens respectively, without distinc
tion of persons or places.
ARTICLE II.
The United States of America and the United
Mexican States, designing to take for the basis
of their agreement the most perfect equality and
reciprocity, engage mutually not to grant any
particular favor to other nations in respect to
commerce and navigation, which shall not imme
diately become common to the other party; who
shall enjoy the same freely, if the concecssion
was freely made, or upon the same conditions, if
the concession was conditional.
ARTICLE HI.
The citizens of the two countries, respectively,
shall havo liberty, freely and securely, to come
with their vessels and cargoes to all such places,
-orts and rivers of the United States of America
.nd of the United Mexican States, to which other
foreigners are permitted to eomc; to enter into
the same, and to remain and reside in any par*
of the said territories respectively; also, to hire
and occupy houses and warehouses for the purpo
ses of their commerce, and to trade therein in all
sorts of produce, manufactures, and merchandise;
and, generally, the merchants and traders of each
nation shall enjoy the most complete protection
and security for their commerce.
And they shall not pay higher or other duties,
imposts, or fees whatsoever, than those which the
most favored nations are or may be obliged to
pay; and shall enjoy all the rights, privileges,
and exemptions, with respect to navigation and
commerce, which the citizens of the most favor
ed nation do or may enjoy; but subject always to
she laws, usages, and statutes of the two coun
ries respectively.
The liberty to enter and discharge the vessels
of botl nations, of which this article treats, shall
not be understood to authorize the coasting trade,
which is permitted to National vessels only.
ARTICLE IV. (
No higher or other duties shall be imposed on
the importation into the United Mexican States
of any article, the produce, growth, or manufac
ture of the United States of America, than those
which the same or like articles, the produce,
growth, or manufacture of any other foreign
country do now or may hereafter pay; nor shall
articles, the produce, growth, or manufacture of
the United Mexican States, be subject on their
iintroduction into the United States of America,!
to higher or other duties than those which the1
same or like articles of any other foreign coun
try do now or may hereafter pay.
Higher duties shall not be imposed in the res
pective States on the exportation of any article
'o the States of the other contracting Party, than
those which are now or may|hereafter be paid on
the exportation of the like articles to any other
foreign country; nor shall any prohibition be
established on the expoitation or importation of
any article, the produce, growth, or manufacture
of the United States of America, or of the United
Mexican States, respectively, in either of thc.-n,
which shall not in like manner be established with
respect to other foreign countries.
ARTICLE V.
No higher or other duties or charges on account
of tonnage, light or harbor dues, pilotage, salvage
in case of damage or shipwreck, or anv other lo-i
cal charges, shall be imposed, in any of the ports!
of Mexico on vessels «.f the United States of
America, than those payable in the same ports by I
Mexican vessels; nor in the ports of the United
States of America, on Mexican vessels, than
shall be payable in the same ports on vessels of
the United States of America.
ARTICLE VI.
The same duties shall be paid on the importa
tion into the United Mexican States, of any arti
cle, the growth, produce, or manufacture of the
United States of America, whether such impor
tation shall be in Mexican vessels or in vessels
of the United States of America^ and the same
duties shall be paid oa the importation into the
United States of America, of any article, the
growth, produce, or manufacture of Mexico,
whether su h importation shall be in vessels of
the United States of America or in Mexican ves
sels. The same duties shall be paid, and the
some bounties and drawbacks allowed, on the
exportation to Mexico of any articles, the growth,
produce, or manufacture of the United States of
America, whether such exportation shall be in
Mexican vessels or in vessels of the United
States of America; and the same duties shall be
paid, and the same bounties and drawbacks allow
ed, on the exportation of any articles, the growth,
produce, or manufacture of Mexico, to the United
States of America, whether such exportation
shall be in vessels of the United States of Ame
rica or in Mexican vessels.
ARTICLE VII.
All merchants, captains, or commanders of
vessels, and other citizens of the United States
of America, shall have full liberty in the United
Mexican States to direct or manage themselves,
their own affairs, or to commit them to the man
agement of whomsoever they may think proper,
either as broker, factor, agent, or interpreter; nor
shall they be obliged to employ for the aforesaid
purposes any other persons than those employed
by Mexicans, nor to pay them higher salaries or
remuneration than such as are in like cases paid
by Mexicans: and absolute freedom shall he al
lowed, in all cases, to the buyer and seller to bar-j
gain and fix the prices of any goods, wares, or
merchandise imported into, or exported from, the
United Mexican States, as they may think prop
er, observing the laws, usages, and customs of
the country. The citizens of Mexico shall enjoy
the same privileges in the States and Territories
of the United States of America, being subject
to the same conditions,
ARTICLE vm.
The citizens of neither of the contracting par
ties shall be liable to any embargo, nor shall their
vessels, cargoes, merchandise, or effects, be
detained for any military expedition, nor for any
public or private purpose whatsoever, without a
corresponding compensation.
ARTICLE IX.
The citizens of both countries, respectively,
shall be exempt from compulsory service in the
army or navy; nor shall they be subjected to any
other charges, or contributions, or taxes, than
such as are paid by the citizens of the States in
which they reside.
article x.
Whenever the citizens of either of the con
tracting parties shall be forced to seek refuge or
asylum in the rivers, bays, ports, or dominions 01
the other with their vessels, whether merchant or
of war, public or private, through stress of weath
er, pursuit of pirates or enemies, they shall be
received and* treated with humanity, with th
precautions which may bo deemed expedient on
the part of the respective Governments i order
to avoid fraud, giving to them all favor ad pro
tection for repairing their vessels, procurifc pro
visions, and placing themselves in a situ^ion to
continue their voyage without obstacle r hin
drance of any kind.
ARTICLE XI.
All vessels, merchandise, or effects, belnging
t > the citizens of one of the contracting pities,j
which may be captured by pirates, whethe with
in the limits of its jurisdiction, or on th^ high
seas and may be carried into or found in te riv
ers, bays, potr$, or dominions of the othei shall
be delivered up to the owners, they provig, in
due and proper form, their rights before th com
petent tnbuual j it being well understood tat the
claim shall be made within one year, cantina
from the capture of said vessels or mewftodise.
by the parlies themselves, or their ,-itioj7iev«, «
by ihe agents of the respective Govewments.
ARTICLE Xn.
When any vessel belonging to (lie citizens of
either of the contracting parties, shat j be wreck
ed, foundered, or shall suffer any damacre on the
coasts or within the dominions of the o ther, there
shall be given to it all the assistance and protec
tion in the same manner which is usi, I and cus
tomary with the vessels of 'he natior where the
damage happens, permitting them to nload the
said vessel, if necessary, of its merchandise and
effects, with the precautions which may be deem
ed expedient on the part of the respective Gov
ernments, in order to avoid fraud, with, ut exact
ing for it any duty, impost, or contribution w hat
ever, until they be exported.
ARTICLE XIII.
In whatever relates to (he succession of estates,
either hv will or ab intestato disposal of such
property, of whatever sort or denomination it may
be, by sale, donation, exchange, or testament, or
in any other manner whatsoever, the citizens of
the two contracting parties shall enjoy, in their
respective States and Territories, the same privi
leges, exemptions, liberties, and rights, as native
citizens; and shall not be charged in any of these
respects with other or higher duties or imposts,
than those which are now, or may hereafter he
paid by the citizens of the Powtr in whose terri
tories they may reside.
ARTICLE XIV.
Both the contracting parties promise and en
gage to give their special protectionto the persons :
and property of the citizens of aicf other, of all
occupations, who may be in their teiritories, sub
ject to the jurisdiction of the one or of the other,
transient or dwelling therein: living open and
free to them the tr.£T,na|s 0f justre for their ju
dicial recourse, on tl*. aame tetKls which aJre
usual and customary wn, the native or citizens
nt the country ui which tluv ,nav be- for which
they may employ, in defence of Weir .y,i...,..„i,
advocates, solicitors, notaries, age.ts, and factors,
as they may judge proper, in a their trials at
law; and t1 e citizens of either arty, or their
agents, shall enjoy, in every resect, the same
rights and privileges, either in prosecuting or
defending their rights of person or of property,
as the citizens of the country were the cause
may be tried.
article xv.
The citizens of the Uuited Sties of America,
residing in the United Mexican Itates, shall en
joy in their houses, persons, aneproperties, the
protection of the Government,with the most
perfect security and liberty of onscieice: they
shall not he disturbed or molestd, in ary man
ner, on account of their religion so longas they
respect the Constitution, the lavs, and esablish
ed usages of the country where they resiie; and
they shall also enjoy the privilege of burytig the
dead in places which now are, o: may heret'ter be
assigned for that purpose; nor shall the fuerals :
or sepulchres of the dead be disturbed i any
manner, or under anv pretext.
The citizens of the United Mexican fates 1
shall enjoy, throughout all the States and trito- '
ries of the United Slates of America, thuame
protection; arm shall be ullowed the free eircise
of their religion, in public or in private,sithor
within their ovn houses, or in the chads or
places of worship set apart for that purpos.
ARTICLE XVI.
It shall be lawful for the citizens of thefnited
States of America, and of the United Jbxican 1
States respectively, to sail with their vesss with I
all manner of security and liberty, no diaiction 1
being made who are the owners of the nrchan- 1
dise laden thereon, from any port to thplaces '
of those who now are, or may hereafb be, at I
enmity with the United States of Anrica or 1
with the United Mexican States. It still like
wise be lawtul tor the aforesaid cilizey, respec
tively, to sail with their vessels and mtchandise
before mentioned, and to trade with he same i
liberty and security from tho places, pfts, and
havens of those who are enemies of bothr either
party, without any opposition or di^rbance
whatsoever, not only directly from the faces of
tho enemy, before mentioned, to neutrafplaces,
but also trom one place belonging to an Scttiy to
another place belonging to an enemy, whether
they be under the jurisdiction of the satp Gov
eminent or under several; and it is hereb stipu
lated that free ships shall also givo frddom to
goods; and that every thing shall be deeded free
and exempt whieh shall be found on btyrd the
. essels belonging to the citizens of eitheiof the
contracting parties, although the whole lining or
tny part thereof should appertain to the iicmies
of either, contraband goods being a I waysexcept
ed. It is also agreed that the same liberty be
extended to persons who are on board a rce ves
sel, so that, ulthough they be enemies o either
party, they shall not be made prisoners^or taken
“it of that free vessel, unless they a re soldiers,
id in the actual service of the enemy. By the
ipuiatiou that the tlag shall cover thr property,
the two contracting parties agree tha. this shall
be so understood with res-p ct to those powers
! who recognize this principle, but if cither of the
two contracting parties shall be at war with a
third party, and the other neutral, the flair of the
neutral.'hall cover the property of enemies whose
Governments acknowledge this principle, and
not of others.
ARTICLE XVII.
It is likewise agreed that, in the case where
theneutral flag of one of the contracting parlies)
shill protect the property of the enemies of the
other by virtue of the above stipulation, it shall
always be understood that thi neutral property
found on board such enemie-’ essels, shall he
held and considered as enemies’ property, and as
such shall be liable to detention and confiscation,
except such property as was put ou board such
vessel before the declaration ‘of w ar, or even
afterwords if it were done without the knowledge
of it: but the contracting : art es agree that four
months having elapsed after the declaration, their
citizens shall not plead ignorance thereof; on the
contrary, it the flaj of the neutral does not pro
tect the enemy’s pioperty, in that case the goods
and merchandises embarked in such enemy’s
vessel shall be free
AITICLE XVIII.
This liberty of cimmerce and navigation shall
extend to all hinds of merchandise, excepting
those only which aie distinguished by the name
of contraband; and under this name of contra
band or prohibited g#ods, shall be comprehended,
first, cannons, mortars, howitzers, swivels, blun
derbusses, muskets, fisees, rifles, carbines, pistols,
pikes, swords, sabrei, lances, spears, halberts,
hand granades, bombs, powder, matches, balls,
and other things belonging to the use of these
arms; secondly, buckles, helmets, breast-plates,
coats of mail, infantry belts, and clothes made up
in a military form, and for a military use; third
ly, cavalry belts and horses, with their furniture;
fourthly, and generally, all kinds of arms and
instrur-ents of iron, steel, brass, and copper, or
oi any other materials manufactured, prepared,
and formed expressly to irako war by sea or land.
ARTICLE XIX.
All other merchandise and things not compre
hended in the articles of contraband expressly
enumerated and classified as above, shall be* held
and considered as free, and subjects of free and
lawful commerce, so that they may be carried
and transported in the freest manner by both the
contracting parlies, even to places belonging to
an enemy, excepting only those places wliichare
at that time besieged or blockaded; and to avoid
all doubt in that particular, it is declared that
those places only are beseiged or blockaded,
which are actually besieged or blockaded by a
belligerent force capable of preventing the entrv
of the nentrnl.
article
The articles of contraband .fr/brc enumerated
and classified, which may be /jund in a vessel
bound for the enemy ’s port, shall be subject to
detention and confiscation, leaving free the rest
of the cargo and the vessel, that the owners may
dispose of them as they see proper. No vessels of:
either of the two nations shall be detained on tin
high seas on account'd having on board articles
ot contraband, whenever the master, cuptain, or
supercargo of said vessel will deliver up the arti
cles of contraband to the captor, unless the quan
tity of such articles be so great, and if so large
a bulk, that they cannot be received 01 board the
capturing vessel without great incmvenience;
hut in this, and in all other cases of jest detention,
the vessel detained shall be sent to the nearest
convenient and safe port for trial ind judgment,
according to law. 9
ARTICLE XXI. *
And, whereas it frequently happens that vessels '
sail for a port or place belonging to an eneur. '
without knowing that the sane is besieged, block
aded, or invested, it is agreid that every vesse
So situated, may be turned away from such port
or place, but shall not be de ained; nor shall an
part of her cargo, if not contraband, be confiscat
ed, unless, after warning of such blockade <• 1
investment from the commanding officer of the
blockading force, she should again attempt t
enter the aforesaid port, but she shall he pcrmi - 1
ted to go to any other port or place she may think '
proper; nor sliafl any vessel of either of the con- 1
trading parties, that may have entered into such
port before the same was actually besieged, block
aded, or invested by the other, be restrained from 1
quitting such place with her cargo; nor if found
therein after the surrender, shall such vessel or
her cargo be liable to confiscation, but shall bu
restored to the owner thereof.
ARTICLE XXH.
In order to prevent all kiuds of disorder in the
visiting and examination of the vessels and car
goes of both the contracting parties on the high
seas, they have agreed, mutually, that, whenever
a vessel of war, public or private, should meet
with a neutral vessel of the other contracting
party, the first shall remain out of cannon shot,
and may send his boat, with two or three men
only, in order to execute the said examination ot
the papers concerning the ownership and cargo
of the vessel, without causing the least extortion,
violence,or ill treatment, for which the comman
ders of the said armed vessels shall be responsible
with their persons and property; and, for this
purpose, the commanders of said private armed
vessels shall, before receiving their commissions,
give sufficient security to answer for all the dam
ages 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 whatsoever.
article xxiii.
To avoid all kiuds ol vexation and abuse in the
examination of papers relating to the ownership
of vessels belonging to the citizens ol the two
contracting parties, they have agreed, and do
.agree, that in case one of them should he c, roo
fed m war, the vessels belonging to the citizens of
the other must be furnished with sea letters or
passports expressing the name, property, and
b“'k tbe vessel, and also the name and place
of habitation of the master or • nmmander of said
vessel, in order that it may thereby appea: hat
the said vessel really and trulv belongs to Ye
citizens of one of the contracting p. .ties; tl\
have likewise agreed that such v.. sels '.c’m, | *%
den, besides the said sea-letters or passoorts Y-,‘lt
7™'de with certificate:, -ontaining^he ’
the vc TT'r °[thc- Carg° dl"i Placed *
anv S u ’ S° tha,l“ ma-V bc known whethSJ
an> forbidden or contraband goo.'. on board
he same: which certificat*-V4||r,e made out by
the officers „l the place whom e .Vessel sailed
in the accustomed form, without which requisites
he said vessel may be detained, to be ndind.o-d
by the competent tribunal, and may be declared
legal prize, unless the said defect shall be satis?
fied or supplied by testimony entirely equivalent
to the satisfaction of the competent tribunal.
ARTICLE XXIV.
It is further agreed, that the stipulations above
velseT h rM ,1Vf tQ 'iisilins and exon>i nation of
vessels, shall apply only to those which sail with
out convoy; and when said vessels are under
convoy, the verbal declaration of the commander
of the convoy, or his word of honor that the ves
sels under bis protection belong to the nation
whose flag he car.ies, and when thev are bound
lo an enemy s port, that they have no contraband
goods on board, shall he sufficient.
ARTICLE XXV.
It is further agreed, that in all cases the estab
lislied courts for prize causes in the country to
which the prizes may he conducted, shall alone
take cognizance of them. And whenever such
tri Hjnalftt either party shall pronounce judgment
against any vessel, or goods, or property claimed
by the citizens of the other party, the sentence
or decree shall mention the reason or motives on
which the same shall have been founded; and an
authenticated copy of the sentence or decree, in
conformity with the laws and usages of the coun
try, and of all the proceedings of the case, shall,
t! uemanded, be delivered to the commander or
agent of said vessel, without any delay, lie pay
sng the legal fees for the same.
ARTICLE XXVI.
For the greater security of the intercourse he
ueen the citizens ol the United States of Amer
ica and of the United Mexican S'ates, it is agreed
o\v for then, that it there should be, at any time
imeaiter, an interruption of the friendly relations
*hich now exist, or a war unhappily break out
etween the two contracting parties, there shall
e allowed the term of six months to the mer
‘hunts residing on the coast, and one year to -
' ... ».•?‘.<xtr.'s and
Jerri tones ol each other res ;e'uy\ v, to arrange
heir business, dispose of ^ V V or trans
>oit them \vhercsoever they mis" please, giving
'hem a safe conduct to protect them to the port
hey may designate. Those citizens who may
e established in the Slates and territories afore
said, exercising any other occupation or trade,
hall be permitted to remain in/the uninterrupted
•njoyment of their liberty and property, so long
is ihey conduct themselves peaceably, and do
i it commit any offence against the laws; and
iheir goods and effects, of whatever class and
ondition they may he, shall not be subject t > any
embargo or sequestration whatever, nor to any
harge or tax other than may be established upon
•niiilar goods and effects belonging to the citizens
»f the Slate in which they reside respectively;
ll°r shall the debts between individuals, nor mon
eys in the public funds, or in public or private
banks, nor shares in companies, be confiscated,
embargoed, or detained.
ARTICLE XXVII.
Both the contracting parties being desirous of
avoiding all inequality in relation to their public
<‘ommunications and official intercourse, have
agreed, and do agree, to grant to the envoys,
ministers, and other public agents, the same fa
n's, immunities, and exemptions which those of
'he most favored nation do or may er.joy; it be
ing understood tint whatever favors, immunities,
>r privileges the United States of America or the
United Mexican States may find proper to give
o the ministers and public agents of any other
power, shall, by the same act, be extended to
those of each of the contracting parties.
ARTICLE XXVIII.
In order that the consuls and vice-consuls of
ihe two contracting parties may enjoy the rights,
prerogatives, and immunities which belong to
them by their character, they shall, before entor
ing upon the cxcrciso of iheir 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 of the consular dis
trict in which they reside. It is agreed likewise
to receive and admit consuls and vice-consuls in
all the ports and places open to foreign commerce,
who shall enjoy therein all the rights, preroga
tives, and immunities of the consuls and vice
consuls of the most favored nation, each of the
contracting parties remaining at liberty to except
those ports and places in which the admission
and residence of such consuls and vice-consul*
may not seem expedient.
ARTICLE XXIX.
It is likewise agreed that the consuls, vice-con
suls, their secretaries, officers and persons at
tached to the service of consuls, they not being
citizens of the country in which the consul re
sides, shall be exempt from all compulsory public
service, and also from all kind of taxes, imposts,
and contributions levied specially on them, ex
. cept those which they shall be obliged to pay on
» account of commerce or their property, to which
i|the citizens and inhabitants, native and foreign,