Indiana Palladium, Volume 8, Number 17, Lawrenceburg, Dearborn County, 12 May 1832 — Page 1

B.V Bavid V. Cn!Jcy. Terms $3 per. year raj per cent, discount made on advance, oh u;j on half yeaiilv pay!evi WL. VIS. liAWKEiVCBBURCJH, (IA.) SATURDAY, .MAY 12, 1832.

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(innr AUTHORITY.) UT THE TUESIDEXT CF THE U5ITED STATES OF AMERICA. A PBQCXiASfiATION. WiirurAs, a Treaty of Amity, Commerce, and Navigation between tha United States of America and the United Mexican States was concluded and signed by the Plenipotentiaries of the two countries, at Mexico, on the fifth April, one thousand eight hundred and thirty-one, which Treaty is word for word as follows : The United States of America and the United Mexican States, desiring to establish

upon a firm basis the relations of friendship that so happily subsist between the two Republics, have determined to fix, in a clear and positive manner, the rules which shall in future be religiously observed between both, by means of a treaty of Amity, Commerce, and Navigation. For which important object, the President of the United States of America Ins appointed Anthony Butler, a citizen of tli3 United States and Charge d'Aliaircs cf the United States of America near the United Mexican States, with full powers. And the Vice-President of the United Mexican States, in the exercise of the Executive power, having conferred like full powers on his Excellency Lucas Alaman, Secretary of State for Home and Foreign aiTairs, and his Excellency . Raphael Mangino, Secretary of the Treasury; and the aforesaid Plenipotentiaries after having compared and exchanged indue form their several powers as aforesaid, have agreed upon the following articles: Article I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the United States of America and the United Mexican States in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places. Article II. The United States of America and the United Mexican States, designing to take for the basis of their agreement the most perfect equality and reciprocity, engage mutually not to grant any particular favor to other nations in respect of commerce and navigation, which shall not immediately become common to the other party; who shall enjoy the same freely, if the concession was freely made, or upon the same conditions, if the concession was conditional. Article III. The citizens of the two countries, respect

ively, shall have liberty, freely and securedly, to come with their vessels and cargoes to all such places, ports, and rivers of the United States of America and of the United Mexican States, to which other foreigners are permitted to come; to enter into the same, and to remain and reside in any part of the said territories respectively; also, to hire and occupy houses and warehouses for the purposes of their commerce, and to trade therein in all sorts of produce, manufactures, and merchandise ; and, generally, the merchants and traders of each nation shall en

joy the most complete protection and security for their commerce. And they shall not pay higher or other duties, imposts, or fees whatsoever, than those which the most favored nations are or maybe obliged to pay; and shall enjoy all

Article 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 ofMexico 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. Article 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 bo in Mexican vessels or in vessels of the United States of America; and the same duties siiall be paid on tho 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

estates, either by will or ah iatestato disposal of such property, of whatever sort or denomination it may lie, by sale donation, exchange, or testament, or in any other manner whatsoever, the citizens of the two contracting parties siiall 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 arc now or may hereafter bo paid by the citizens of the power in whose territories they may re

side. Article 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 maybe 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 ofjusticc for their judicial recourse, on the same terms which are usual

and customary with the natives or citizens of

tho country m which they may be ; for whicl

vessels. The same duties shall bo paid, and they may employ in defence of their rioht

the same bounties and drawbacks allowed, I such advocates, solicitors, notaries, agents

the rights, privileges, and exemptions, with respect to navigation and commerce, which the citizens of the most favored nation do or may enjoy; but subject always to the laws, usages, and statutes of the two countries respectively. Tho liberty to enter and discharge the vessels of loth nations, of which this art icle treats, shall not be understood to authorize the coasting trade, which is permitted to National vessels only. Article IV.

No higher or other duties shall be imposed

on the importation

States of any article, the produce, growth, or manufacture of the United States of America, than those which the same or like articles, the produce, growth, or manufacture of any other foreign country do now or may hereafter pay; nor shall articles, the produce, growth, or manufacture of the United Mexican States, be subject on their

introduction into the United States of

America, to higher or other duties than those which the same or like articles of any other foreign country do now or may hereafter pay. Higher duties shall not be imposed in the respective States on the exportation of any article to the States of the other contracting Party, than those which are now or may hereafter be paid on the exportation of the like articles to any other foreign country: nor shall any prohibition be established on the exportation or 'importation of any article, the produce, growth, or manufacture of the United Slates of America, or of the United

Mexican States, respectively, in cither of

them, which shall not in I'ikc manner be established with respect to other foreign countries.

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 drawbacks allowed, on the exportation of any articles, the growth, produce, or manufacture of Mexico, to the United States of America, whether such exportation siiall be in vessels of the United States of America or in Mexican vessels. Article VII. All merchants, captains, or commanders of vessels, and oilier citizens of the Unitad 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, cither as broker, factor, agent, or interpreter; nor shall they be obliged to employ for the aforesaid purposes any other persons than those cmployed 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 cescs, 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. Tho 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. Article VII 1. The citizens of neither of the contracting

parties shall be liable to any embargo, nor shall their vessels, cargoes, merchandise, or effects, be detained for any military expedition, nor for any public or private purpose

whatsoever, without a corresponding compensation. Article 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 ether charges, or contributions, or taxes, than such as are paid by the citizens of the States in which they reside. Article X. Whenever the citizens of either of the contracting parties shall be forced to seek refuse

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 Avith 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 fiver and protection for repairing their vessels, procuring provisions, and placing themselves in a situation to continue their vovage without obstacle or hindrance of any kind. Article XI.

All vessels, merchandise, or effects, be

longing to the citizens of one of the contracting parties, which may bo captured by pirates, whether within the limits of its jurisdiction, or on the high seas and may be car-

j ricd into or found in the rivers, bays, ports

I - i- . i ,i iiii ii- i

into the United Mexican or dominions oi me omtr, snail be ueiivcreu

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 one year, counting from the capture of said vessels or merchandise, by the parties themselves, or their attorneys, or by the agents of the respective Governments.

Article All. When any vessel belonging to the citizens of either of the contracting parties, shall be wrecked, foundered, or shall suffer anv da

mage 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 clTects, 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. Article XIII. In whatever relates to tin succession of

and factors, as they may judge proper, in all their trials at law; and the citizens of cither party, or their agents shall enjoy in every respect, the same rights and privileges, cither in prosecuting or defending their rights of person or of property as the citizens of the country where the cause may be tried. Article 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 their dead in places which now arc, or may hereafter be assigned for that purpose; nor shall the funerals or sepulchcrs of the dead be disturbed in any manner, or under any pretext. The citizens of the United Mexican Slates, 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 llie chapels or places of worship set apart for that purpose. Article XVI. It shall be lawful for the citizens of the U. S. of America, and of the United Mexican States, respectively, to sail with their vessels 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 thosy who now are, or may hereafter be, at enmity with the United States of America, or with the United Mexican States. It siiall 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 cither party, without airy 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 tiling shall be deemed free and exempt which shall be found on board the vessels belonging to the citizens of cither of the contracting partics, although the whole lading or any part thereof should appertain to the enemies of cither, contraband goods being always excepted. It is also agreed that the same lihertv be extended to persons who are on board a free vessel, so that although they may be enemies to either party, they shall not be made prisoners, or taken out of that free vessel, unless they arc soldiers, and in the actual service of the enemy. By the stipula

tion that the nag shall cover the property, tho two contracting parties agree that this shall be so understood with respect to those powers who recognise 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, siiall cover

shall extend to all kinds of merchandise, excepting those only which are distinguished hv the name of contraband, and under this name contraband or prohibited goods, shall bo comprehended, first, cailnons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, ril'es, carbines, pistols, pikes, swords.

sabres, lances, spears, halberts, hand grenades, bombs, powder, matches, balls, and odier things belonging to tho use of these arms; secondly, buckles, helmets, breast plates, coats of mail, infantry belts, and

clothes made up in a military form, and for a military use; thirdly cavalry belts and horses, with their furniture; 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. Article XIX. All other merchandise and things not comprehended in tho articles of contraband expressly enumerated and classified as above, shall be held and considered as free,

vniu juujio u in ami i iw mi commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to

out which requisites, the said vessel maybe detained, to be adjudged by th: competent tribunal, and may be declared legal prize, unless the said defect shall be satisfied or supplied by testimony entirely equivalent to the satisfaction of the competent tribunal. Article XXIV. It is farther agreed, that the stipulations above expressed, relative to visiting and examination of vessels, shall apply only to those which sail without convoy; and when said vessels are under convoy, the verbal declaration the commander of the convoy, or his word of honor that the vessels under his protection belong to the nation whose flag he carries, and when they are bound tj an enemy's port, that they have not contraband

goods on board, shall be sufficient. Article XXV. It is further agreed, that in all cases the established courts for prize causes in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of cither party shall pronounce judgment against any vessel, or goods, or property claimed by the citizens of the other party, the sentence or

decree shah mention hie reason or motives

an enemy, excepting only those places which ! on which the same shr.U have been founded :

mv ai uiu uuiu oesiegeu or blockaded; and j and an authenticated copy of the sentence to avoid all doubt m that particular, it is do- j or decree, in conformity with the laws and clared that tuose places only are besieged usages of the country, and of all the proor blockaded, winch am m-t u il!- .... i . 1 1 :c .i i i i

' u.3n."nii' ii ui li : i s ;i . iii'iu.iiifii'ti. lit?

blockaded by a belligerant force capable of j delivered to the commander or a preventing the entry of the neutral. vessel, without any delay, he

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The articles of contraband before enumerated and classified, which may bo found in a vessel bound for the cm mvs 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

tneysee proper. Ao vessels of either of the

ngent ol said

paying the

legal fees for the same. Article XXVI. For the greater security of tho intercourse

! betv n the citizens of the United States of

America ami of the United Mexican States, it is agreed now for then, that if there should be, at any time hereafter, an interruption of

the lneinilv relations which now exist, or a

two nations shall be detained on the hhd, ! war unhappily break out between Hie two

seas on account of having cn board articles of contracting parties, there shall be allowed contraband, whenever the master, captain, or i the term oiix months to the merchants rcsisupeicargo of said vessel will deliver up i ding on the coast, and one year to those re-

no articles or contraband to the captor, un-1 siding in tho interior of tho States and Tcr-

I-.'' - I 4.. . I ,..,,.1. . 1 i

iv,o un.- ijuaiiiitv oi Mien anicies be sorreat, and of so large a bulk, (hat they cannot be

riiories of each other respectively, to arrange

their busings, oppose ol their c fleets, or

i

rcceiwu oiij ooaru the capturing vessel ; transport ti; m wheresoever they may please, without great inconvenience ; buf in this, i giving them a s;iio conduct to protect them to and in all other cases oi'jut detention, the ! the port thev may designate. Tiiose citizens

vessel detained shall be sent to tl

io nearest I who may be established in the States Tcr-

convement and sale port tor trial and judg- j ritories aforesaid, exercising any other occument, according to law. inth.M ir v,',.!! ) ,-.- r.. ; t to, 1 ,trmnn;..

j in the uninterrupted enjoyment of their liber-

ArticlkXXI.

And, whereas it iroouenilv hainons that ; tv So t.iot.ei a v. f(j Icnir as thev conduct them-

vessels sad tor a port, or place belonging Io , selves peicv Id-lv, and do not commit anv ofan enemy without knowing that the ame is 1 fence against the laws; and their goods and besieged, blockaded, or invested.it is agreed elfects, of wh.tever class and condition they that every vessel so situated, mny be 'turn-; may be, h;,!! net bo subject to any embargo cd away from such port or place but shall ; or scones; ra ion whatever, nor to any charge

not be detained; nor shall any p:!rt of her or tax oth- r ih -a may be established upon

cargo, it not contraband, ha confiscated, un

less, alter warning of such blockade or investment from the commandin g officer of tho blockading force, she should again attempt to enter the aforesaid port, bid siie shall be.

sumiar goons mat ettects belonging to the citizens of the State in which they reside respectively: nor shall the debts between individuals, nor moneys in the public funds, or in public or private banks, nor shares in

permitted to go to any other port, or 'companies, be confiscated, embargoed, or

piace sue may imnK proper; nor hall any ; detained. vessel of either of the contracting parties,. Article XXVII. that may have entered into i:ch port before j Both tho contracting parlies being dcFithe same was actually besieged, blockaded i roes of aoiding all inequality in relation to

oi imcMcu uy uiv outer, no restrained irem ; their public communications and ofiicial in-

quitting such place with her cargo, nor if

lound therein titter the surrender, shall such vessel or her cargo be liable to confiscation, but shall be restored to the owner thereof. Article XXH.

tercouise, have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the same favors, immunities,

and exemptions

the property of enemies whose Governments acknowledge this principle, and not of others. Article 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 en

emies vessels, shall be held and considered . pressing tho name, property, rnJ l.(,

which those of the most

favored nation do or may eniov: it beinrr

In order to prevent all kinds of disorder 'understood that whatever" favore's, immuniin the visiting and examination of the ves-, tics, or piivileges tho United States of sels and cargoes cfboth the contracting par- j America or tie United Mexican States may ties on the high seas, they have agreed, mu-: find proper to give to the ministers and pubtually, that whenever a vessel of war, public lie agents of any other power, shall, by the or private, should meet with a neutral ves-1 same aet.be extended to those of each of tho sel of tho other contracting party, the ; contracting parties, first shall remain out of cannon" ikot.j Article XXVIII. and may send his boat, with two or three j In ordc r that the consuls and vice-consuls men only, in order to? execute the S iid : of the two contracting patties may enjoy the examination of the papers concerning the ! rights, prerogatives, & immunities which beownership and cargo of the esse I, without ; long to them Iw their character, they shall, bccausing the least extortion, violence or ill ! fore entering upon the exercise of their ftinctreatmcnt, lor which the commanders of j tions, exhibit their commission or patent, in the saiil armed vessels shall be responsible j due form, to the Government to which they with their persons and property; and for this ' are accredited: and having obtained their

purpose, tiie commanders of said private ! t xequatur, they shall be held and considered

as such by all the authorities, magistrates, and inhabitants of the consular district in

armed vessels snail be lore receiving their commissions, give sufficient security to answer for all the damages thev may commit. And it is expressly agreed, that th; neutral party shall in no ca.se, be required to go (:; board the examining vessel for the p;ipo-e of exhibiting his papers, or for any othv a -purpose whatsoever. Article XXIII. To avoid all kinds of vexation nnd abuse in the examination of papers relating to the ownership of vessels belonging to the citizens of the two contracting parties, they have agreed, do agree, tint in case one of them should be engaged in war, the vessels belonging to the citizens of the otlu r must

be furnished with sea letters or passports, ox-

wbich tlw v reside.

It is agreed likewise to

receive and -admit consuls and vice-consuls in ail the ports and places open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the c 'lis : 1 1 s and vice-consuls of the most favored nation, erch of the contracting parties remaining at libeilv to except those ports end places in wh'ch the admission and residence

aid vice consuls may not

Oi ilk

as enemies properly, and as such shall

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 knowedge cf it; but the contracting parties agree that four months having elapsed after the doclaration, their citizens shall not plead ignorance thereof, on the contrary, if the Hag of the neutral does not protect the enemy's property in that case the goods and merchand's3 embarked in such enemy's vessel shall be free. Article XVIII. This liberty of commerce and navigation

1 . 1 t I

vessel, Cv a !so the name v. j ;..k hM.r.ation of the master or comnumdi.r cf said w; -

sel,in order that it may thereby appear tint

of such consuls

sei m ( k dlent. Article XX IX. ft is likewise agreed that the consuls, viceconsuls, their secretaries, officers and persons attached to ll e service of consuls, they Lot bng c!t:z ns of the country in which the consul rsid- s, shall he exempt from all compulsory public s nice, and also hem all k'nd of t-txt s, iuipes-s, and contributions

the satd vessel really antl truly belongs to the l -M-'d specially on u.em, except those citizens of one of the contracting parties; j wh'ch they shall be bi-ged to pay cn ccthey have likewise agreed that such v s-t Is . co; nt of commeiee or their pioper.v, to being laden, besides the said sea lettt rs or J wh'ch the citizens and inhabitants, native passports, shall also be provided with ccr- j and foreign, of the country in which tbt y retificates, containing the sever.d p-irt:cul.!i j side, are subject ; being in every thing hoof the cargo and place w hence the vessel i s'd s subject to the laws of their respective sailed, so that it may be known whether any i States. The archievos r.i;d pa pi is of the forbidden or contraband goods be on boa id J consulates sh.dl be respci tt d inviolably, and of the same, which certificate shall be made j under no pre text whatever shall any niagiso tt bv the oiliceis of the place whence the j trate seize, or in any way interfere with wiWl mailed in the accustomed firm, with. the:.;.