gross Interest at the rate of five per cent. per annum shall be paid on the amount of indemnity, commencing from the 1st day of this present month, January, 1859, and being added to the several instalments as they fall due. The interest being always computed on the amount of indemnity, remaining unpaid at the time of the payment of the several instalments. ARTICLE III In consideration of the above agreement and indemnification, the Government of the United States, and the individuals in whose behalf they have been made, agree to desist from all further reclamation respecting the Island of Aves. ARTICLE IV This agreement shall be submitted to the present National Convention, and in case it should not be ratified by it before the closing of its present session, then it shall be considered null and void. Valencia, January the fourteenth, of eighteen hundred and fifty-nine. E. A. TURPIN AMITY, COMMERCE, AND NAVIGATION; Treaty signed at Caracas August 27, 1860 Senate advice and consent to ratification February 12, 1861 Ratifications exchanged at Caracas August 9, 1861 Entered into force August 9, 1861 Proclaimed by the President of the United States September 25, 1861 12 Stat. 1143; Treaty Series 369 2 The United States of America and the Republic of Venezuela, equally animated with the desire of maintaining the cordial relations, and of tightening, if possible, the bonds of friendship between the two countries, as well as to augment by all the means at their disposal, the commercial intercourse of their respective citizens, have mutually resolved to conclude a general convention of amity, commerce and navigation, and for the surrender of fugitive criminals. For this purpose, they have appointed as their Plenipotentiaries, to wit: the President of the United States, Edward A. Turpin, Minister Resident near the Government of Venezuela; and the President of Venezuela, Pedro de Las Casas, Secretary of State in the Department of Foreign Relations, who, after a communication of their respective full powers, have agreed to the following articles: ARTICLE I It is the intention of the high contracting parties that there shall continue to be a firm, inviolable, and universal peace, and a true and sincere friendship between the Republics of the United States of America and Venezuela, and between their respective countries, territories, cities, towns, and people, without exception of persons or places. If unfortunately the two nations should become involved in war, one with the other, the term of six months after the declaration thereof, shall be allowed to the merchants, and other citizens and inhabitants respectively, on 1 Pursuant to notice of termination given by Venezuela Oct. 22, 1869. 2 For a detailed study of this treaty, see 8 Miller 533. each side, during which time they shall be at liberty to withdraw themselves, with their effects, and movables; which, they shall have the right to carry away, send away, or sell, as they please, without the least obstruction; nor shall their effects, much less their persons, be seized during such term of six months; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their vessels, and the effects which they may wish to carry with them or send away, and such passports shall be a safeconduct against the insults and captures which privateers may attempt against their persons and effects; and the money, debts, shares in the public funds, or in banks, or any other property personal or real, belonging to the citizens of the one party in the territories of the other, shall not be confiscated or sequestrated. ARTICLE II The citizens of each of the high contracting parties, residing or established in the territory of the other, shall be exempt from all compulsory military service, by sea or by land; and from all forced loans, or military exactions or requisitions; nor shall they be compelled to pay any contributions whatever higher or other than those that are or may be paid by native citizens. ARTICLE III The citizens of the contracting parties shall be permitted to enter, sojourn, settle and reside in all parts of said territories; and such as may wish to engage in business, shall have the right to hire and occupy warehouses, provided they submit to the laws, as well general, as special, relative to the rights of traveling, residing or trading. While they conform to the laws and regulations in force, they shall be at liberty to manage, themselves, their own business, subject to the jurisdiction of either party, as well in respect to the consignment and sale of their goods by wholesale or retail, as with respect to the loading, unloading and sending off their ships. They may also employ such agents or brokers as they may deem proper, and shall in all these cases, be treated as the citizens of the country wherein they reside; it being nevertheless, distinctly understood, that they shall be subject to such laws and regulations, also, in respect to wholesale or retail. They shall have free access to the tribunals of justice, in cases to which they may be a party, on the same terms which are granted by the laws and usage of the country, to native citizens; for which purpose they may employ in defense of their interests and rights, such advocates, attorneys and other agents, as they may think proper. ARTICLE IV The citizens of each of the high contracting parties, residing in the other, shall enjoy the most perfect liberty of conscience. They shall be subjected to no inconveniences whatever on account of their religious belief. Nor shall they in any manner be annoyed, or disturbed in the exercise of their religious worship in private houses, or in the chapels and places which they may select for that purpose, provided that in so doing, they observe the decorum due to the laws, usages and customs of the country. It is likewise agreed that the citizens of the one country, dying in the territory of the other, may be interred either in the ordinary cemeteries, or in such others as may be selected for that purpose by their own Government, or by their personal friends or representatives, with the consent of the local authorities. All such cemeteries, and funeral processions going to, or returning from them, shall be protected from violation or disturbance. ARTICLE V The citizens of each of the high contracting parties, within the jurisdiction of the other, shall have power to dispose of their personal property by sale, donation, testament or otherwise; and their personal representatives, being citizens of the other contracting party, shall succeed to their personal property, whether by testament or ab intestato. They may take possession thereof, either by themselves, or by others acting for them, at their pleasure, and dispose of the same, paying such duty only, as the citizens of the country wherein the said personal property is situated, shall be subject to pay, in like cases. In the absence of a personal representative, the same care shall be taken of the property, as by law would be taken of the property of a native in a similar case, whilst the lawful owner may take measures for securing it. If a question should arise among claimants, as to the rightful ownership of the property, the same shall be decided by the judicial tribunals of the country in which it is situated. When on the decease of any person holding real estate within the territory of one party, such real estate would by the law of the land descend on a citizen of the other, were he not disqualified by alienage, the longest term which the laws of the country in which it is situated will permit, shall be accorded to him to dispose of the same; nor shall he be subjected, in doing so, to higher or other dues, than if he were a citizen of the country wherein such real estate is situated. ARTICLE VI The high contracting parties hereby agree that whatever kind of produce, manufactures, or merchandize of any foreign country, can be, from time to time, lawfully imported into the United States in their own vessels, may also be imported in the vessels of Venezuela, and no higher or other duties upon the tonnage or cargo of the vessels shall be levied or collected, whether the importation be made in a vessel under the flag of the United States, or a vessel under the flag of Venezuela, and reciprocally, whatever kind of produce, manufactures or merchandize of any foreign country, can be, from time to time, lawfully imported into Venezuela in her own vessels, may also be imported in vessels of the United States, and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in a vessel under the flag of Venezuela, or under the flag of the United States. Whatever can be lawfully exported or reexported by one party in its own vessels to any foreign country, may in like manner, be exported or reexported in the vessels of the other; and the same duties, bounties and drawbacks shall be collected and allowed, whether such exportation or reexportation be made in vessels of the one or the other. Nor shall higher or other charges of any kind be imposed in the ports of one party on vessels of the other, than are or shall be payable in the same ports, by national vessels. ARTICLE VII The preceding article is not applicable to the coasting trade of the contracting parties, which is respectively reserved by each, exclusively for its own citizens. But vessels of either country shall be allowed to discharge a part of their cargos at one port, and proceed to any other port or ports in the territories of the other, to discharge the remainder, without paying higher or other port charges or tonnage dues than would be paid by national vessels in such cases, so long as this liberty shall be conceded to any foreign vessels by the laws of both countries. ARTICLE VIII For the better understanding of the preceding stipulations, it has been agreed that every vessel belonging exclusively to a citizen or citizens of Venezuela, and whose captain is also a citizen of the same, such vessel having also complied with all the other requisites established by law to acquire such national character, though the construction and crew are or may be foreign, shall be considered for all the objects of this treaty, as a Venezuelan vessel. ARTICLE IX No higher or other duty shall be imposed on the importation into the United States, of any article the growth, produce, or manufacture of Venezuela, or of her fisheries; and no higher or other duty shall be imposed on the importation into Venezuela, of any article, the growth, produce or manufacture of the United States, or their fisheries, than are or shall be payable on the like articles the growth, produce, or manufacture of any other foreign country, or its fisheries. No other or higher duties, or charges shall be imposed in the United States on the exportation of any article to Venezuela, nor in Venezuela, on the exportation of any article to the United States, than such as are, or shall be payable on the exportation of the like article, to any other foreign country. No prohibition shall be imposed on the importation of any article, the growth, produce, or manufacture of the United States or their fisheries, or |