prerogatives, and immunities of the Consuls and Vice-Consuls of the most favoured nation; but to enjoy the rights, prerogatives, and immunities which belong to them, in virtue of their public character, the Consuls and Vice-Consuls shall, before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged, in their official characters, by the authorities, magistrates, and inhabitants of the district in which they reside. The High Contracting Parties, nevertheless, remain at liberty to except those ports and places where the admission and 'residence of Consuls or ViceConsuls may not seem convenient, provided that the refusal to admit them shall likewise extend to those of all nations. XXXVI. The Consuls, Vice-Consuls, their officers, and persons employed in their consulates, shall be exempt from all public service and from all kinds of taxes, imposts, and contributions, except those which they shall lawfully be held to pay on account of their property or commerce, and to which the citizens and other inhabitants of the country in which they reside are subject, they being, in other respects, subject to the laws of the respective countries. The archives and papers of the consulates shall be inviolably respected, and no person, magistrate, or other public authority shall, under any pretext, interfere with, or seize them. XXXVII. The Consuls and Vice-Consuls shall have power to require the assistance of the public authorities of the country in which they reside, for the arrest, detention, and custody of deserters from the vessels of war or merchant-vessels of their nation; and where the deserters claimed shall belong to a merchant-vessel, the Consuls or Vice-Consuls must address themselves to the competent authority, and demand the deserters in writing, proving, by the ship's roll or other public document, that the individuals claimed are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals claimed form a part of the crew of a vessel of war, the word of honour of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters; and when the demand of the Consuls or Vice- Consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the Consuls or Vice-Consuls, or, at the request of these, shall be put in the public prisons and maintained at the expense of those who reclaim them, to be delivered to the vessels to which they belong, or sent to others of the same nation; but if the said deserters should not be so delivered or sent within the term of 2 months, to be counted' from the day of their arrest, they shall be set at liberty, and shall not be again apprehended for the same cause. The High Contracting Parties agree that it shall not be lawful for any public authority, or other person within their respective dominions, to harbour or protect such deserters. XXXVIII. For the purpose of more effectually protecting their commerce and navigation, the 2 contracting parties do hereby agree to form, as soon hereafter as may be mutually convenient, a consular Convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. XXXIX. Until the conclusion of a consular Convention, the High Contracting Parties agree that, in the absence of the legal heirs or representatives, the Consuls or Vice-Consuls of either party shall be ex officio the executors or administrators of the citizens of their nation who may die within their consular jurisdictions, and of their countrymen dying at sea, whose property may be brought within their district. The said Consuls or Vice-Consuls shall call in a justice of the peace, or other local authority, to assist in taking an inventory of the effects and property left by the deceased; after which, the said effects shall remain in the hands of the said Consuls or Vice-Consuls, who shall be authorized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective Governments. And where the deceased has been engaged in commerce or other business, the Consuls or Vice-Consuls shall hold the effects and property so remaining until the expiration of 12 calendar months; during which time the creditors, if any, of the deceased, shall have the right to present their claims or demands against the said effects and property, and all questions arising out of such claims or demands shall be decided by the laws of the country wherein the said citizens may have died. It is understood, nevertheless, that if no claim or demand shall have been made against the effects and property of an individual so deceased, the Consuls or Vice-Consuls, at the expiration of the 12 calendar months, may close the estate and dispose of the effects and property, in accordance with the instructions from their own Governments. XL. The United States of America and the Republic of Peru, desiring to make as durable as circumstances will permit, the relations established between the 2 parties in virtue of this Treaty of friendship, commerce, and navigation, declare solemnly and agree as follows: 1. The present Treaty shall remain in force for the term of 10 years from the day of the exchange of the ratifications thereof; and, further, until the end of 1 year after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same; each of them reserving to itself the right of giving such notice to the other at the end of the said term of 10 years. And it is hereby agreed between the parties that, on the expiration of 1 year after such notice shall have been received by either of them from the other party, as above mentioned, this Treaty shall altogther cease and determine. 2. If any citizen or citizens of either party shall infringe any of the Articles of the Treaty, such citizen or citizens shall be held personally responsible therefor; and the harmony and good understanding between the 2 nations shall not be interrupted thereby; each party engaging in no way to protect the offender or offenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof. 3. Should unfortunately any of the provisions contained in the present Treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the Contracting Parties shall order or authorize any act of reprisals, nor declare nor make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement of representation of such injuries or damages, verified by competent proofs, and demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed. 4. Nothing contained in this Treaty shall, however, be construed to operate contrary to former and existing public Treaties with other nations or sovereigns. The present Treaty of friendship, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Peru, with the authorization of the Congress thereof; and the ratifications shall be exchanged at Washington within 18 months from the date of the signature hereof, or sooner if possible. In faith whereof, we, the Plenipotentiaries of the United States of America and of the Republic of Peru, have signed and sealed these presents. Done at the city of Lima, on the 26th day of July, in the year of our Lord, 1851. (L.S.) J. CMO. TORRICO. (L.S.) J. RANDOLPH CLAY. TRAITE de Commerce et de Navigation, entre les Pays-Bays, d'une part, et la Prusse, en son nom, et agissant au nom des Etats de l'Association Douanière, d'autre part.-Signé à la Haye, le 31 Décembre, 1851. [Ratifications échangées à la Haye, le 7 Mai, 1852.] SA Majesté le Roi des Pays-Bas, d'une part, et Sa Majesté le Roi de Prusse, agissant tant en son nom et pour les autres pays et parties de pays souverains, compris dans son système de douanes et d'impôts, savoir: le Grand-Duché de Luxembourg, les enclaves du Grand-Duché de Mecklenbourg-Rossow, Netzeband et Schoenberg, la Principauté de Birkenfeld du GrandDuché d'Oldenbourg, les Duchés d'Anhalt-Cöthen, d'Anhalt-Dessau et d'Anhalt-Bernbourg, les Principautés de Waldeck et Pyrmont, la Principauté de Lippe et le Grandbailliage de Meisenheim, du Landgraviat de Hesse, qu'au nom des autres membres de l'Association de Douanes et de Commerce Allemande (Zollverein), savoir:-La Couronne de Bavière, la Couronne de Saxe et la Couronne de Wurtemberg, le Grand-Duché de Bade, l'Electorat de Hesse, le GrandDuché de Hesse tant pour lui que pour le Bailliage de Hombourg du Landgraviat de Hesse; les Etats formant l'Association de Douanes et de Commerce de Thuringue, savoir :-Le Grand-Duché de Saxe, les Duchés de Saxe-Meiningen, de Saxe-Altenbourg et de SaxeCobourg et Gotha, les Principautés de Schwarzbourg-Rudolstadt et de Schwarzbourg-Sondershausen, de Reuss-Greitz, de Reuss-Schleitz et de Reuss-Lobenstein et Ebersdorf; le Duché de Brunswick, le Duché de Nassau et la Ville libre de Francfort, d'autre part: Désirant étendre les relations commerciales entre les Pays-Bays et les Etats du Zollverein, sont convenus d'entrer en négociation, et ont nommé des Plénipotentiaires, a cet effet, savoir: Sa Majesté le Roi des Pays-Bas: Le Sieur Herman von Sonsbeeck, Chevalier, &c., son Ministre des Affaires Etrangères; le Sieur Pierre Philippe van Bosse, Commandeur, &c., son Ministre des Finances; et le Sieur Charles Ferdinand Pahud, Chevalier, &c., son Ministre des Colonies: Et Sa Majesté le Roi de Prusse: Le Comte de Königsmarck, son Conseiller Intime actuel, Grandmaître Héréditaire de la Cour, Chambellan, Chevalier, &c., son Envoyé Extraordinaire et Ministre Plénipotentiaire près Sa Majesté le Roi des Pays Bas: Lesquels, après avoir échangé leurs pleins-pouvoirs, trouvés en bonne et due forme, sont convenus des Articles suivants : ART. I. Les navires des Pays-Bas qui entreront sur lest ou giving such notice to the other at the end of the said term of 10 years. And it is hereby agreed between the parties that, on the expiration of 1 year after such notice shall have been received by either of them from the other party, as above mentioned, this Treaty shall altogther cease and determine. 2. If any citizen or citizens of either party shall infringe any of the Articles of the Treaty, such citizen or citizens shall be held personally responsible therefor; and the harmony and good understanding between the 2 nations shall not be interrupted thereby; each party engaging in no way to protect the offender or offenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof. 3. Should unfortunately any of the provisions contained in the present Treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the Contracting Parties shall order or authorize any act of reprisals, nor declare nor make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement of representation of such injuries or damages, verified by competent proofs, and demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed. 4. Nothing contained in this Treaty shall, however, be construed to operate contrary to former and existing public Treaties with other nations or sovereigns. The present Treaty of friendship, commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Peru, with the authorization of the Congress thereof; and the ratifications shall be exchanged at Washington within 18 months from the date of the signature hereof, or sooner if possible. In faith whereof, we, the Plenipotentiaries of the United States of America and of the Republic of Peru, have signed and sealed these presents. Done at the city of Lima, on the 26th day of July, in the our Lord, 1851. (L.S.) J. CMO. TORRICO. year of (L.S.) J. RANDOLPH CLAY. |