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ARTICLE 25.

No citizen of the Republic of Bolivia shall take any commission, or letters of marque, for arming any ship or ships to act as privateers against the said United States or any of them, or against the citizens, people or inhabitants of the said United States, or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war; nor shall any citizen or inhabitant of the United States, or any of them, take any commission, or letters of marque, for arming any ship or ships to act as privateers against the citizens of the Republic of Bolivia, or any of them, or the property of any of them, from any Prince or State with which the said Republic of Bolivia shall be at war; and if any person of either nation shall take such commissions, or letters of marque, he shall be punished according to their respective laws.

ARTICLE 26.

In accordance with fixed principles of international law, Bolivia regards the rivers Amazon and La Plata, with their tributaries, as high ways, or channels opened by nature for the commerce of all nations. In virtue of which, and desirous of promoting an exchange of productions through these channels, she will permit and invites, commercial vessels, of all descriptions, of the United States, and of all other nations of the world, to navigate freely in any part of their courses which pertain to her, ascending those rivers to Bolivian ports, and descending therefrom to the ocean, subject only to the conditions established by this treaty, and to regulations sanctioned, or which may be sanctioned, by the national authorities of Bolivia not inconsistent with the stipulations thereof.

ARTICLE 27.

The owners or commanders of vessels of the United States entering the Bolivian tributaries of the Amazon or La Plata shall have the right to put up or construct, in whole or in part, vessels adapted to shoal-river navigation, and to transfer their cargoes to them without the payment of additional duties; and they shall not pay duties of any description for sections or pieces of vessels, nor for the machinery or materials, which they may introduce for use in the construction of said vessels.

All places accessible to these, or other vessels of the United States, upon the said Bolivian tributaries of the Amazon or La Plata, shall be considered as ports open to foreign commerce, and subject to the provisions of this treaty, under such regulations as the Government may deem necessary to establish for the collection of custom-house, port, light house, police and pilot duties. And such vessels may discharge and receive freight or cargo, being effects of the country or foreign, at any one of said ports, notwithstanding the provisions of Article 3.

ARTICLE 28.

If, by any fatality, which cannot be expected and which God forbid, the two contracting parties should be engaged in a war with each other, they agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts, and in the ports

of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects, wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations, who may be established in the territories of the United States and the Republic of Bolivia, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them.

ARTICLE 29.

Neither the debts due from the individuals of one nation to the individuals of the other, nor shares, nor moneys which they may have in the public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated.

ARTICLE 30.

Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, agree, to grant to the envoys, ministers, and other public agents, the same favors, immunities and exemptions, which those of the most favored nation do, or may enjoy; it being understood that whatever favors, immunities, or privileges, the United States of America or the Republic of Bolivia may find it proper to give to the Ministers and other public agents of any other power, shall, by the same act, be extended to those of each of the contracting parties.

ARTICLE 31.

To make effectual the protection which the United States and the Republic of Bolivia shall afford in future to the navigation and commerce of the citizens of each other, they agree to receive and admit consuls and vice-consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities, of the consuls and vice-consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such consuls and vice-consuls may not seem convenient.

ARTICLE 32.

In order that the consuls and vice-consuls of the two contracting parties may enjoy the rights, immunities, and prerogatives which belong to them by their public character, they shall, before entering upon their 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 in the consular district in which they reside.

ARTICLE 33.

It is also agreed that the consuls, and officers and persons attached to the consulate, they not being citizens of the country in which the consul resides, shall be exempted from all kinds of imposts and

contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject, being, in everything besides, subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably, and, under no pretext whatever, shall any magistrate seize or in any way interfere with them.

ARTICLE 34.

The said consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country, and, for that purpose, they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing; proving by an exhibition of the registers of the vessels or ships roll, or other public documents, that those men were part of the said crews, and on this demand, so proved, (saving, however, when the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said consuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.

ARTICLE 35.

For the purpose of more effectually protecting their commerce and navigation, the two contracting parties agree, as soon hereafter as circumstances will permit them, to form a consular convention which shall declare especially the powers and immunities of the consuls and vice-consuls of the respective parties.

ARTICLE 36.

The United States of America and the Republic of Bolivia, desiring to make as durable as circumstances will permit the relations which are established between the two parties by virtue of this treaty of peace, amity, commerce and navigation, declare solemnly, and agree to the following points:

1st The present treaty shall remain in full force and virtue for the term of ten years, to be counted from the day of the exchange of the ratifications, and further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of ten years; and it is agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be perpetual and permanently binding on both powers.

24 If one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and harmony and good correspondence between

the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation.

3d If, (what indeed cannot be expected) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any other mode whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall have first presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed.

4th Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns and States.

The present treaty of peace, amity, commerce, and navigation, shall be 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 Bolivia, with the approbation of the national Congress; and the ratifications shall be exchanged in the capital of the Republic of Bolivia within eight months, to be counted from the date of the ratification by both Governments.

In faith whereof, we, the Plenipotentiaries of the United States of America and of the Republic of Bolivia, have signed and sealed these presents.

Done in La Paz, on the thirteenth (13th) day of May, in the year of our Lord one thousand eight hundred and fifty eight (A. D. 1858). SEAL.] JOHN W. DANA

SEAL.

LUCAS M. DE LA TAPIA.

BOLIVIA AND PERU.

(SEE PERU-BOLIVIA, PAGE 508.)

BORNEO.
1850.

CONVENTION OF AMITY, COMMERCE, AND NAVIGATION.

Concluded June 23, 1850; ratification advised and time for exchange of ratifications extended by the Senate June 23, 1852; ratified by the President January 31, 1853; ratifications exchanged July 11, 1853; proclaimed July 12, 1854. (Treaties and Conventions 1889, p. 102.)

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His Highness Omar Ali Saifeddin ebn Marhoum Sultan Mahomed Jamalel Alam and Pañgiran Anak Mumin to whom belong the Government of the Country of Bruni and all its provinces and dependencies, for themselves and their descendants on the one part, and the United States of America, on the other, have agreed to cement the friendship which has long and happily existed between them, by a Convention containing the following Articles.

ARTICLE 1

Peace, friendship, and good understanding shall from henceforward and forever subsist between the United States of America and His Highness Omar Ali Saifeddin, Sultan of Borneo and their respective successors and Citizens and Subjects.

ARTICLE 2

The Citizens of the United States of America shall have full liberty to enter into, reside in, trade with, and pass with their merchandise through all parts of the dominions of His Highness the Sultan of Borneo, and they shall enjoy therein all the privileges and advantages with respect to commerce, or otherwise, which are now or which may hereafter be granted to the Citizens or Subjects of the most favored nation: and the subjects of His Highness the Sultan of Borneo, shall in like manner be at liberty to enter into, reside in, trade with, and pass through with their merchandise through all parts of the United States of America, as freely as the citizens and subjects of the most favored nation, and they shall enjoy in the United States of America all the privileges and advantages with respect to commerce, or otherwise, which are now or which may hereafter be granted therein to the Citizens or Subjects of the most favored nation.

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