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1834

ART. 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 any other local charges, shall be imposed in any of the ports of Mexico, on vessels of the United States of America, than those payable in the same ports by 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.

ART. VI. The same duties shall be paid on the importation into the United Mexican States, of any article, the growth, produce, or manufacture, of the United States of America, whether such importation shall be in mexican vessels or in vessels of the United States America; and the same duties shall be paid on the importation into the United States of America, of any article, the growth, produce, or manufacture, of Mexico, whether such importation shall be in vessels of the United States of America or in mexican vessels. The same duties shall be paid, and the same 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 drawback allowed, 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 America or in mexican vessels.

ART. 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 management 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 be allowed in all cases, to the buyer and seller, to bargain and fix the prices of any goods, wares, or merchandise, imported into, or exported from, the United Mexican States, as they may think proper, 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.

ART. VIII. The citizens of neither of the contracting parties shall

be liable to any embargo, nor shall their vessels, cargoes, merchan- 1834 dises, or effects, be detained for any military expedition, nor for any public or private purpose whatsoever, without a corresponding compensation.

ART. 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.

ART. X. Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other, with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, with the precautions which may be deemed expedient on the part of the respective governments in order to avoid fraud; giving to them all favor and protection for repairing their vessels, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hinderance of any kind.

ART. XI. All vessels, merchandise, or effects, belonging to the citizens of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on the high seas, and may be carried into, or found in the rivers, bays, ports, dominions, of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunal; it being well understood that the claim shall be made within the term of one year, counting from the capture of said vessels or merchandise, by the parties themselves, or their attorneys, or by agents of the respective governments.

ART. XII. When any vessel belonging to the citizens of either of contracting parties, shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to it all the assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens; permitting them to unload the said vessel, if necessary, of its merchandise and effects, with the precautions which may be deemed expedient on the part of the respective governments, in order to avoid fraud, without exacting for it any duty, impost, or contribution, whatever, until they be exported.

ART. XIII. In whatever relates to the succession of (personal) estates, either by will or ab intestato (and the right of) disposal of such property, of whatever sort or denomination it may be, by sale,

4834 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 privileges, 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 be paid by the citizens of the power in whose territories they may reside.

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ART. XIV. Both the contracting parties promise and engage to give their special protection to the persons and property of the citizens of each other, of all occupations, who may be in their territories, subject to the jurisdiction of the one or of the other, transient or dwelling therein; leaving open and free to them the tribunals of justice for their judicial recourse on the same terms which are usual and customary with the natives or citizens of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their trials at law; and the citizens of either party, or their agents, shall enjoy in every respect, the same rights and privileges, either in prosecuting or defending their rights of person or of property, as the citizens of country where the cause may be tried.

ART. XV. The citizens of the United States of America, residing in the United Mexican States, shall enjoy in their houses, persons, and properties, the protection of the government, with the most perfect security and liberty of conscience: they shall not be disturbed or molested, in any manner, on account of their religion, so long as they respect the constitution, the laws, and established usages of the country where they reside; and they shall also enjoy the privilege of burying the dead in places which now are, or may hereafter be assigned for that purpose; nor shall the funerals or sepulchres of the dead be disturbed in any manner, nor under any pretext.

The citizens of the United Mexican States shall enjoy, throughout all the states and territories of the United States of America, the same protection; and shall be allowed the free exercise of their religion in public or in private, either within their own houses, or in the chapels and places of Worship set apart for that purpose.

ART. XVI. It shall be lawful for the citizens of United States of America, and of the United Mexican States, respectively, to sail with all manner of security and liberty, no distinction being made who are the owners of the merchandise laden thereon, from any port to the places of those who now are, or may hereafter be, at enmity with the United States of America or with the United Mexican

States. It shall likewise be lawful for the aforesaid citizens, respectively, to sail with their vessels and merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens, of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same government or under several; and it is hereby stipulated that free ships shall also give freedom to goods; and that every thing shall be deemed free and exempt which shall be found on board the vessels belonging to the citizens of either of contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free vessel, so that, although they be enemies to either party, they shall not be made prisoners or taken out of that free vessel, unless they are soldiers, and in the actual service of the enemy. By the stipulation that the flag shall cover the property, the two contracting parties agree that this shall be so understood with respect to those powers who recognize this principle; but if either of the two contracting parties shall be at war with a third party and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others.

ART. XVII. It is likewise agreed, that, in the case where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemy's vessel shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or, even afterwards if it were done without the knowledge of it; but the contracting parties agree that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof; on the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise embarked in such enemy's vessel shall be free.

ART. XVIII. This liberty of commerce and navigation shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband; and, under this name of contraband or prohibited goods, shall be comprehended, first, cannons,

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1834 mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles carbines, pistols, pikes, swords, sabres, lances, spears, halberts; and granades, bombs, powder, matches, balls, and all other things be longing to the use of these arms; secondly, bucklers, helmets, breast plates, coats of mail, infantry belts, and clothes made up in a mili tary form, and for a military use; thirdly, cavalry belts, and horses with their fourniture; fourthly, and generally, all kinds of arms. and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed, expressly to-make war by sea or land.

ART. XIX. All other merchandise and things not comprehended 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 parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and, to avoid all doubt in that particular, it is declared that those places only are besieged or blockaded, which are actually besieged or blockaded by a belligerent force, capable of preventing the entry of the neutral.

ART. XX. The articles of contraband before enumerated and classified, which may be found 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 the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo, of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, and of so large a bulk, that they cannot be received on board the capturing vessel without great inconvenience; but in this and all other case of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment according to law.

ART. XXI. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so situated may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading force, she should again attempt to enter the aforesaid port; but she shall be permitted to go to any other port or place she may think proper.

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