acknowledge as contraband of war it is agreed to consider as such all classes of arms offensive and defensive, instruments, ammunition of all kinds, and everything that may serve directly and exclusively for the use of those arms; horses, accoutrements, and clothing prepared and formed for military service by land or sea.

XXVII. The two Contracting Nations engage mutually to give up assassins, pirates, incendiaries, forgers of bills of exchange, documents or money, fraudulent bankrupts, and others who have committed atrocious crimes, when they are claimed by the Government of Peru from that of the Equator, with a certified copy of the definitive sentence, and by the Equator from that of Peru, with a like certified copy of the judicial decree passed against the criminal; the State to which the delivery is made paying the expenses of the imprisonment and extradition. But it shall be a condition that the penalty of death shall not be executed on such criminals if it is applied in the country which claims them, and that in case they should be under trial for an offence committed in the country of their asylum, they shall not be given up until the sentence pronounced in the new cause shall have been executed.

XXVIII. The two High Contracting Parties bind themselves not to commit any act or to make Treaties, or any kind of Convention whatever, by which the independence of South America, and particularly that of Peru, or the Equator, may be menaced; and if either of these Republics should hereafter find itself under the necessity of making territorial grants or cessions, or if any part of its territory should be exposed to be occupied or invaded by another power, Peru or the Equator respectively shall, in the first case, have the preference as next neighbours; and, in the second, the part of territory exposed shall thereby come under the protection of the Government of Peru if it should be Equatorian, and of the Government of the Equator if it should be Peruvian.

XXIX. In conformity with Article V of the Convention of December 4th, 1859, the Government of Peru acknowledges its obligation to assist that of the Equator with all the means at its disposal until public order is firmly settled, and the Republic constituted; and in return, that of the Equator promises to render the like services to the Government of Peru, in case circumstances should place it in a situation to claim them.

XXX. Any breach of this Treaty, in one or more of its Articles, that may be made by citizens of either State, shall not invalidate it; the responsibility shall fall on the Government to which they belong, if that Government refuses to chastise the transgressors, and consequently becomes implicated in the violation which has to be amended.

XXXI. By the present Treaty all others are repealed which have

been formerly concluded between Peru and the Equator, either as a section of the ancient Columbia, or as an independent Republic, and nothing shall be stipulated to the contrary in future.

XXXII. The present Treaty shall begin to have effect from its ratification by their Excellencies the Grand Marshal Commander-in-chief of the Army and Navy of Peru, and by the General Supreme Chief of the Equator, fully authorized to that effect; and the ratifications shall be exchanged in the city of Guayaquil within 3 days from the date of its signature by the Plenipotentiaries, without prejudice to its being duly submitted for the constitutional sanction of the legislative bodies by the respective Governments of the two Republics.

In witness whereof the Plenipotentiaries of the Republic of Peru, and of the Republic of Equator, have signed the present Treaty, and sealed it with their respective seals.

Done in duplicate in the city of Guayaquil, the 25th of January, 1860.

MANUEL NICOLAS CORPANCHO.

JOSE ANTONIO RODRIGUEz Parra.

(L.S.) MANUEL MORALES. (L.S.) NICOLAS ESTRADA.

CONSTITUTION of the Republic of Costa Rica.-Signed at San José, December 26, 1859.

(Translation.)

FORASMUCH as the National Constituent Assembly has decreed and sanctioned the following

CONSTITUTION,

We, the representatives of the people of Costa Rica, lawfully convoked to establish justice, to provide for the common security, to promote the general welfare and to secure the benefits of liberty; imploring the assistance of the Sovereign Ruler of the Universe for the attainment of these objects, have decreed and sanctioned the following

POLITICAL CONSTITUTION.

TITLE I.-The Republic.

Art. I. The political association of all the Costa Ricans forms a nation which is denominated the Republic of Costa Rica. II. The Republic is free and independent.

III. The sovereignty resides exclusively in the nation.

IV. The territory of the Republic is comprised within the following boundaries: on the side next Nicaragua the same that were determined by the Treaty adjusted with that Republic on the 15th of April, 1858;* on the side next New Granada those of the uti possidetis of 1826, excepting what may be determined by ulterior Treaties with that nation; and on the other sides by the Atlantic and Pacific.

TITLE II.-Of the Government.

V. The Government of the Republic is popular, representative, alternative, and responsible, and is exercised by three distinct powers which are denominated Legislative, Executive, and Judicial.

TITLE III.-Of Religion.

VI. The religion of the Republic is the Roman Catholic Apostolic. The Government protects it, and does not contribute from its revenue to the expenses of any other form of worship.

TITLE IV.

SECTION 1. Of the National Guarantees.

VII. The powers into which the Government is divided are independent of each other.

VIII. No one can arrogate to himself the sovereignty; he who does so commits treason against the nation.

IX. No authority can conclude treaties, contracts, or covenants opposed to the sovereignty and independence of the Republic; he who commits this offence is a traitor.

X. No authority can arrogate to itself the right of exercising powers which are not granted to it by the laws.

XI. Every law, decree, or order, emanating from the Legislative body, or from the Executive, is null and of no effect, if it be opposed to the Constitution. All acts of those who usurp the public functions, and all offices conferred without the requisites prescribed by the Constitution or by the laws, are equally void.

XII. The legislative power alone has the power of decreeing the alienation of property belonging to the nation.

XIII. It is reserved solely to the legislative power to decree loans or to impose taxes.

XIV. The public functionaries are not the owners but the depositaries of authority, subject to the laws, and never superior to them.

XV. All functionaries and public employés are responsible for the infraction of the Constitution or laws.

XVI. The act of accusing the public functionaries for infraction of the Constitution or the laws, is open to the people.

XVII. All public functionaries shall be sworn to observe the Constitution and the laws.

XVIII. The military force is strictly subordinate to the civil power, and in no case can it deliberate.

XIX. The establishment of entails is prohibited, and the Republic acknowledges no saleable or hereditary distinctive titles or offices.

XX. The punishment of infamy is not perpetual, and confiscations, corporal punishments, as well as the use of torture, are prohibited.

SECTION 2.-Of Individual Guarantees.

XXI. Every man is equal in the eye of the law.
XXII. The law has no retro-active effect.

XXIII. Every man in the Republic is free. He who appeals to its laws cannot be a slave.

XXIV. Every Costa Rican can remove to any part of the Republic, or to a foreign country, provided he be free from responsibility, and he may return to his country whenever he may think fit.

XXV. Property is inviolable. No one can be deprived of it, unless it be legally proved that it is for the public weal, and with previous indemnification on the valuation by professional persons, appointed by the parties, who shall not only calculate the value of the thing taken, but also the injuries that may arise therefrom.

XXVI. The dwelling of the Costa Ricans is inviolable, and no one çan enter a house by force unless in the cases and with the formalities prescribed by the law.

XXVII. In no case can the private papers of the inhabitants of the Republic be taken possession of, or even examined,

XXVIII. The secrecy of private letters is inviolable; those surreptitiously obtained can have no legal effect.

XXIX. All the inhabitants of the Republic have the right to assemble peacefully and without arms, whether it be to treat of private affairs, for the discussion of political matters, or to consider the public conduct of the functionaries.

XXX. The right of petition may be used either individually or collectively.

XXXI. No one can be annoyed, molested, or persecuted for the manifestation of his political opinions, nor for any act which does not infringe the law.

XXXII. The press is free, without previous censorship, even for anonymous writings, but he who abuses this right is responsible

according to law. The decision in regard to offences of the press belongs exclusively to a jury, in the form established by law.

XXXIII. The cognizance of civil and criminal suits is the peculiar right of the competent authorities established by the laws. No commission, judge, or tribunal shall be created for special cases, nor for any crime or reason whatever shall any one be subjected to military jurisdiction, except persons belonging to the army, who shall be tried according to ordinance solely for the crimes of sedition, rebellion, or offences against discipline committed on service, or for any others committed whilst in campaign.

XXXIV. In all the tribunals of the Republic the same mode of procedure shall be adopted, as is observed in the common jurisdictions.

XXXV. No one is compelled to declare against himself in any criminal cause, nor against his consort, ancestors or descendants, or other relations within the third degree of consanguinity, or second degree of affinity.

XXXVI. No one can be detained without proof of having committed a crime, or without a mandate from a judge or authority commissioned to preserve the public order, unless he be a declared criminal, a fugitive, or a delinquent in flagrante; but in every case he must be placed at the dispoal of a competent judge within the peremptory term of 24 hours.

XXXVII. The Republic acknowledges the right of habeas corpus. The law will determine the manner in which this right shall be put into practice.

XXXVIII, No one shall suffer any punishment without his having been heard and convicted on trial, nor without its having been imposed on him by sentence of a judge or a competent authority; excepting in cases of judicial compulsion, default, and others of this description in civil matters, and those of fine and arrest in matters of police.

XXXIX. No punishment can be inflicted on any person unless it be prescribed for the crime or fault committed, by pre-existing law.

XL. No person can be imprisoned for debt, excepting in cases of proved fraud.

XLI. The pain of death shall only be inflicted in the Republic in the following cases: 1st, for the crime of homicide, premeditated and certain, or premediated and treacherous; 2ndly, for crimes of high treason, and 3rdly, for those of piracy.

XLII. The crime of high treason shall consist solely in invading the Republic with an armed force, or espousing the cause of the enemy by affording him aid and assistance.

XLIII. Every Costa Rican or foreigner who may have recourse to