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ARTICLE XVI

The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.

ARTICLE XVII

The provisions of the aforegoing articles, relating to the surrender of Fugitive Criminals, shall not apply to offences committed before the date hereof, nor to those of a political character.

ARTICLE XVIII.

The present Convention is concluded for the period of ten years, counting from the day of the exchange of the ratifications; and if one year before the expiration of that period, neither of the contracting parties shall have announced, by an official notification, its intention, to the other, to arrest the operations of said Convention, it shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place.

ARTICLE XIX.

This Convention shall be submitted, on both sides, to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at the City of Washington as soon as circumstances shall admit.

In faith whereof the respective Plenipotentiaries have signed the above articles, under reserve of the abovementioned ratifications, both in the English and French languages, and they have thereunto affixed their seals.

Done, in quadruplicate at the City of Berne, this twenty-fifth day of November, in the year of our Lord, one thousand eight hundred and fifty.

(SEAL.] A. DUDLEY MANN.
SEAL. H. DRUEY.
SEAL.1 F. FREY-HÉROSÉE.

TEXAS. The admission of Texas into the United States, December 29, 1815, rendered the treaties concluded in 1838, obsolete.

1838.

CLAIMS CONVENTION.

Concluded April 11, 1838; ratification adrised by the Senate June 13,

1838; ratified by the President June 21, 1838; ratifications exchanged July 6, 1838; proclaimed July 6, 1838. (Treaties and Conventions, 1889p. 1078.)

By this treaty Texas agreed to pay $11,750 in settlement of claims of citizens of the United States for the capture of the brigs Pocket and Durango, and other injuries.

1838.

BOUNDARY CONVENTION. Concluded April 25, 1838; ratification advised by the Senate May 10,

1838; ratified by the President October 4, 1838; ratifications exchanged October i2, 1838; proclaimed October 13, 1838. (Treaties and Conventions, 1889, p. 1079.)

This treaty provided for a commission to survey and mark the boundary between the United States and Texas.

632

TONGA.

1886.

TREATY OF AMITY, COMMERCE, AND NAVIGATION. Concluded October 2, 1886; ratification advised by the Senate, with

amendment, January 19, 1888; ratified by the President February 7, 1888; ratifications exchanged August 1, 1888; proclaimed September 18, 1888. (Treaties and Conventions, 1889), p. 1205.)

ARTICLES.

I. Amity.

VIII. Whaling and fishing ships.
II. Most favored nation privileges. IX. Personal exemptions.
III. Trade privileges.

X. Deserters from ships. IV. Commerce and navigation; im- XI. Consular officers. ports.

XII. Consular jurisdiction. V. Shipping charges.

XIII. Religious freedom. VI. Coaling station in Tonga.

XIV. Duration. VII. Privileges to steam mail ships. XV. Ratification.

The United States of America, and the King of Tonga, mutually desirous of maintaining and strengthening their relations and interests; have resolved to conclude a treaty of amity, commerce and navigation; and to this end have empowered as their representatives: The President of the United States; George II. Bates, Special Commissioner of the United States to Tonga; And Ilis Majesty, the King of Tonga; The Reverend Shirley Waldemar Baker, Premier of the Kingdom of Tonga; Who, after producing to each other their respective powers, have agreed upon the following Articles:

ARTICLE I.

There shall be perpetual peace and amity between the United States of America and the King of Tonga, his heirs and his successors.

ARTICLE II.

The citizens of the United States shall always enjoy, in the dominions of the King of Tonga, and Tongan subjects shall always enjoy in the United States, whatever rights, privileges and immunities are now accorded to citizens or subjects of the most-favored nation; and no rights, privileges or immunities shall be granted hereafter to any foreign state or to the citizens or subjects of any foreign state by either of the High Contracting Parties, which shall not be also equally and unconditionally granted by the same to the other High Contracting Party, its citizens or subjects; it being understood that the Parties hereto affirm the principle of the law of nations that no privilege granted for equivalent or on account of propinquity or other special conditions comes under the stipulations herein contained as to favored nations.

ARTICLE III.

Citizens of the United States in Tonga, and Tongans in the United States, may visit sojourn and trade in any part of the respective jurisdictions, and rent, occupy and improve lands and erect dwellings, offices and ware-houses thereon, subject to the laws and regulations of the country; which shall however in no case, except in respect of employment as laborers, be more restrictive than those imposed upon the citizens or subjects of the respective country, or upon the citizens or subjects of the most-favored nation.

ARTICLE IV.

There shall be reciprocal liberty of commerce and navigation between the United States and the Tonga Islands, and no duty of customs or other impost shall be charged upon any goods being the produce or manufacture of one country, when imported therefrom into the other country, other or higher than is charged upon the same, the produce or manufacture of or imported from any other country,

ARTICLE V.

No other or higher duties or charges on account of harbor dues, pilotage, quarantine, salvage in case of damage or ship-wreck or other shipping charges shall be imposed in the dominions of the King of Tonga on vessels of the United States, or in the United States on Tongan vessels, than are imposed on vessels belonging to the mostfavored nation.

AKTICLE VI.

The ships-of-war of either of the High Contracting Parties may enter all ports, places and waters within the jurisdiction of the other, to anchor and remain, take in stores, refit and repair, subject to the laws and regulations of the country. To enable this privilege to be carried out in his dominions, the King of Tonga agrees to secure to the government of the United States by lease at nominal rent, with covenants of renewal, all rights of free use of necessary ground in any harbor of the Tonga Islands which shall be mutually agreed upon, for the purpose of establishing a permanent coaling and repair-station, the rights of Tongan sovereignty therein being fully reserved and admitted; and in selecting a station for this purpose, due regard shall be had for any similar concession which the King of Tonga has or may have granted by treaty to any other government.

ARTICLE VII.

All steam vessels which may be employed by the Government of the United States in the carrying of their mails in and across the Pacific Ocean shall have free access to all ports of the Tonga Islands, and shall be there subject only to one-third of the usual harbor and pilotage dues, provided that no vessel shall be entitled to such exemption except upon condition of carrying free of charge the Tongan mails to ports of destination and call of such vessel.

ARTICLE VIII.

The whaling or fishing vessels of the United States shall have free access to the ports and harbors of Tonga, and in the ports of entry thereof shall be permitted to barter or trade their supplies or goods for provisions for the use of their own vessels and crews, without being subject to the law relative to trading licenses, and shall be subject to no port-, or harbor-dues or pilotage whatever; but this privilege of barter and trade shall not include the supplying of spirituous liquors, or arms or ammunition to the Tongans. And such whaling or fishing vessels shall, after having entered any port of entry in the Tonga Islands, be at liberty to anchor off any island or reef thereof, for the purpose of whaling or boiling down; provided, such vessel does not anchor within the distance of three nautical miles from any inhabited town,—but nothing in this clause shall be so construed as to permit infringement of the quarantine laws of the dominions of the King of Tonga.

ARTICLE IX.

All citizens of the United States residing in the Tonga Islands, and Tongan subjects residing in the United States, shall be exempted from all compulsory military service whether by sea or land, and from all forced loans, military requisitions and quartering of troops. They shall, moreover not be compelled to pay any other or higher taxes or license fees, or personal dues of any kind, than are or may be paid by the citizens or subjects of the High Contracting Party levying the same.

ARTICLE X.

Should any member of the ship's company desert from a vessel-ofwar or merchant vessel of either of the Iligh Contracting Parties, while such vessel is within the territorial jurisdiction of the other, the local authorities shall render all lawful assistance for the apprehension of such deserter, on application to that effect made by the Consul of the High Contracting Party concerned, or if there be no Consul, then by the master of the vessel.

ARTICLE XI.

Each of the High Contracting Parties may appoint Consuls, ViceConsuls, Commercial Agents and Vice-Commercial Agents, for the protection of trade, to reside in the territory of the other High Contracting Party; but before any Consular officer so appointed shall act as such, he shall in the usual form be approved of and admitted by the Government of the country to which he is sent; and all such Consular officers shall enjoy the same privileges and powers with those of the most favored nation.

ARTICLE XII.

Consuls and Consular representatives of the United States in Tonga shall have all jurisdictional rights over civil and criminal matters concerning their own citizens and vessels, in conformity with the

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