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it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless after having been warned of such blockade or investment, by a commanding officer of a vessel forming part of the blockading forces, she again attempt to enter; but she shall be permitted to go to any other port or place the master or supercargo may think proper. Nor shall any vessel of either party that may have entered into such port or place before the same was actually besieged, blockaded, or invested by the other, be restrained from leaving it with her cargo; nor, if found therein before or after the reduction and surrender, shall such vessel or her cargo be liable to seizure, confiscation, or any demand on the score of redemption or restitution. but the owners thereof shall remain in the undisturbed possession of their property. And if any vessel having thus entered the port before the blockade took place shall take on board a cargo after the blockade be established, and attempt to depart, she may be warned by the blockading forces to return to the blockaded port, and discharge the said cargo; and if, after receiving such warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as in the case of a vessel attempting to enter a blockaded port after having been warned off by the blockading forces.

ART. 27. To prevent disorder and irregularity in visiting and examining the vessels and cargoes of both the contracting parties on the high seas, they have 'agreed, mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other party, the former shall remain at the greatest distance compatible with the possibility and safety of making the visit, under the circumstances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats, with no more men than may be necessary to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill treatment, in respect of which the commanders of said armed vessels shall be responsible with their persons and property; for which purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security for all the injuries and damages they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on beard of the examining vessel for the purpose of exhibiting the ship's papers, nor for any other purpose whatever.

ART. 28. Both contracting parties likewise agree that when one of them shall be engaged in war, the vessels of the other must be furnished with sea-letters, patents, or passports, in which shall be expressed the name, burden of the vessel, and the name and place of residence of the owner, and master or captain thereof, in order that it may appear that the vessel really and truly belongs to citizens of said other party. It is also agreed that such vessel, being laden, besides the said sea letters, patents, or passports, shall be provided with manifests or certificates, containing the particulars of the cargo and the place where it was taken on board, so that it may be known whether any part of the same consists of contraband or prohibited articles; which certificate shall be made out in the accustomed form by the authorities of the port whence the vessel sailed; without which requisites the vessel may be detained, to be adjudged by the competent tribunals, and may be declared good and legal prize, unless it shall be proved that the said defect or omission was owing to accident, or unless it shall be satisfied or supplied by testimony equivalent in the opinion of the said tribunals, for which purpose there shall be allowed a reasonable length of time to procure and pre

sent it.

ART. 29. The preceding stipulations relative to the visit and examination of vessels shall apply only to those which sail without convoy; for when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag they carry, and, when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.

ART. 30. It is further agreed that in all prize cases, the courts specially established for such causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons or motives on which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the proceedings connected with the case, shall, if demanded, be delivered to the commander or agent of the said vessel, merchandise, or property, without any excuse or delay, upon payment of the established legal fees for the same.

ART. 31 Whenever one of the contracting parties shall be engaged in war with another nation, no citizen of the other contracting party shall accept a commission or letter of marque, for the purpose of assisting, or co-operating hostilely with the said enemy against the said party so at war, under pain of being treated as a pirate.

ART. 32. If, which is not to be expected, a rupture should at any time take place between the two contracting nations, and they should engage in a war with each other, they have agreed now for then, that the merchants, traders, and other citizens of all occupations of either of the two parties, residing in the cities, ports and dominions of the other, shall have the privilege of remaining and continuing their trade and business therein, and shall be respected and maintained in the full and undisturbed enjoyment of their personal liberty and property, so long as they conduct themselves peaceably and properly, and commit no offence against the laws. And in case their acts should render them justly suspected, and, having thus forfeited this privilege, the respective governments should think proper to order them to leave the country, the term of twelve months from the publication or intimation of the order therefor shall be allowed them in which to arrange and settle their affairs and remove with their families, effects, and property; to which end the necessary safe conduct shall be given to them, which shall serve as a sufficient protection, until they arrive at the designated port and there embark; but this favor shall not be extended to those who shall act contrary to the established laws. It is, nevertheless, understood, that the respective governments may order the persons so suspected to remove, forthwith, to such places in the interior as may be designated.

ART. 33. In the event of a war, or of any interruption of friendly intercourse between the high contracting parties, the money, private debts, shares in the public funds, or in the public or private banks, or any other property whatever, belonging to the citizens of the one party in the territories of the other, shall in no case be sequestrated or confiscated.

Art. 34. The high contracting parties, desiring to avoid all inequality in their public communications and official intercourse, agree to grant to their envoys, ministers, charges d'affaires, and other diplomatic agents, the same favors, privileges, immunities, and exemptions, that those of the most favored nations do or shall enjoy; it being understood that the favors, privileges, immunities, and exemptions, granted by the one party to the envoys, ministers, charges d'affaires, or other diplomatic agents, of the other party, or to those of any other nation, shall be reciprocally granted and extended to those of both the high contracting parties respectively.

ART. 35. To protect more effectually the Commerce and navigation of their respective citizens, the United States of America and the Republic of Peru agree to admit and receive, mutually, consuls and vice-consuls in all their ports open to foreign Commerce, who shall enjoy, within their respective consular districts, all the rights, perogatives, and immunities of the consuls and vice-consuls of the most favored nations; but to enjoy the rights, perogatives, and immunities which belong to them in virtue of their public character, the consuls and vice-consuls shall, before exercising their official functions, exhibit to the government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged, in their official characters, by the authorities, magistrates, and inhabitants of the district in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places where the admission and residence of consuls and vice-consuls may not seem convenient, provided that the refusal to admit them shall likewise extend to those of all nations.

ART. 36. The consuls, vice-consuls, their officers, and persons employed in their consulate, shall be exempt from all public services and from all kinds of taxes, imposts, and contributions, except those which they shall lawfully be held to pay on account of their property or Commerce, and to which the citizens and other inhabitants of the country in which they reside are subject, they being in other respects subject to the laws of the respective countries. The archives and papers of the consulates shall be inviolably respected, and no person, magistrate, or other public authority shall, under any pretext, interfere with, or seize them.

ART. 37. The consuls and vice-consuls shall have power to require the assistance of the public authorities of the country in which they reside, for the arrest, detention, and custody of deserters from the vessels of war or merchant vessels of their nation; and where the deserters claimed shall belong to a merchant vessel, the consuls or vice-consuls must address themselves to the competent authority, and demand the deserters in writing; proving, by the ship's roll or other public document, that the individuals

claimed are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals claimed form a part of the crew of a vessel of war, the word of honor of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters; and when the demand of the consuls or vice-consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the consuls or vice-consuls, or at the request of these, shall be put in the public prisons and maintained at the expense of those who reclaim them, to be delivered to the vessels to which they belong, or sent to others of the same nation; but if the said deserters should not be so delivered or sent within the term of two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be apprehended for the same cause. The high contracting parties agree that it shall not be lawful for any public authority, or other person within their respective dominions, to harbor or protect such deserters.

ART. 38. For the purpose of more effectually protecting their Commerce and navigation, the two contracting parties do hereby agree to form, as soon hereafter as may be mutually convenient, a consular convention, which shall declare specially the powers and immunities of the consuls and vice-consuls of the respective parties.

ART. 39. Until the conclusion of the consular convention, the high contracting parties agree that, in the absence of the legal heirs or representatives, the consuls or viceconsuls of either party shall be ex officio the executors or administrators of the citizens of their nation who may die within their consular jurisdictions, and of their countrymen dying at sea, whose property may be brought within their district. The said consuls or vice-consuls shall call in a justice of the peace, or other local authority, to assist in taking an inventory of the effects and property left by the deceased; after which, the said effects shall remain in the hands of the said consuls or vice-consuls, who shall be authorized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective governments. And where the deceased has been engaged in Commerce or other business, the consuls or vice-consuls shall hold the effects and property so remaining until the expiration of twelve calendar months; during which time the creditors, if any, of the deceased, shall have the right to present their claims or demands against the said effects and property, and all questions arising out of such claims or demands shall be decided by the laws of the country wherein the said citizen may have died. It is understood, nevertheless, that if no claim or demand shall have been made against the effects and property of an individual so deceased, the consuls or viceconsuls, at the expiration of the twelve calendar months, may close the estate and dis pose of the effects and property, in accordance with the instructions from their own government.

ART. 40. The United States of America and the Republic of Peru, desiring to make as durable as circumstances will permit, the relations established between the two parties in virtue of this treaty of friendship, Commerce, and navigation, declare sol emly and agree as follows:

1. The present treaty shall remain in force for the term of ten years from the day of the exchange of the ratifications thereof; and, further, until the end of one year after either of the high contracting parties shall have given notice to the other of its intention to terminate the same-each of them reserving to itself the right of giving such notice to the other at the end of the said term of ten years. And it is hereby agreed between the parties that, on the expiration of one year after such notice shall have been received by either of them from the other party, as above mentioned, this treaty shall altogether cease and determine.

2. If any citizen or citizens of either party shall infringe any of the articles of the treaty, such citizen or citizens shall be held personally responsible therefor; and the harmony and good understanding between the two nations shall not be interrupted thereby each party engaging in no way to protect the offender or offenders, or to sanction such violation, under pain of rendering itself liable for the consequences thereof.

3. Should, unfortunately, any of the provisions contained in the present treaty be violated or infringed in any other manner whatever, it is expressly stipulated and agreed that neither of the contracting parties shall order or authorize any act of reprisals, nor declare nor make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified

by competent proofs, and demanded redress and satisfaction, and the same shall have been either refused or unreasonably delayed.

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

The present treaty of friendship, Commerce, and navigation, shall be approved and 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 Peru, with the authorization of the Congress thereof; and the ratifications shall be exchanged at Washington within eighteen months from the date of the signature hereof, or sooner if possible.

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

Done at the City of Lima, on the 26th day of July, in the year of our Lord one thousand eight hundred and fifty-one. J. RANDOLPH CLAY, [L. s.] J. CMO. TORRICO, [L. 8.]

[L. S.]

Done at the City of Washington, this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifty-two, and of the independence of the United States the seventy-seventh. MILLARD FILLMORE. By the President, WM. HUNTER, Acting Secretary of State.

JOURNAL OF BANKING, CURRENCY, AND FINANCE.

POPULATION, FINANCES, ETC., OF THE EUROPEAN STATES.

The countries of Europe are burdened at this time with an aggregate national debt of £1,735,056,000 sterling, of which Great Britain owes nearly one-half; there is also in circulation in Europe no less than £189,214,278 in paper-money, taken and held upon the credit of the property in the countries in which it is issued. Europe is, therefore, mortgaged to the amount of £1,924,270,278, constituting a debt of very nearly £7 2s. due from every man, woman, or child which it contains, or, reckoning five to a family, of £35 10s. upon each head of a family. Every child comes into the world liable to that incumbrance; every person goes out of it with that liability undischarged. This is a curious state of things; but we think the following tables, drawn from authentic sources, will substantiate it. How has it been brought about? Since every country in Europe has, and has had for centuries, a government of some kind or other, it is very clear that the present position is the work of those governments. How has the amount of debt been incurred? In great measure, nay, almost entirely, through the wars entered into and waged by those governments against each other, either to resent alleged national wrongs, or to gratify national pride, or promote national aggrandizement; or, in some countries, to indulge the ambition of emperors and kings, and the schemes of cabinets and prime-ministers. Again, a considerable portion of this debt has been created by the maintenance of large armies in time of peace. At the present moment there are no less than 2,773,833 men under arms in Europe, all of whom are consumers of the produce of others, without adding to the general stock in any way whatever. To pay the interest of this aggregated national debt, to support the large standing armies, to fit out and man, and maintain 2,763 vessels of war, to support the dignity of courts, to meet the expenditures of princes, to provide for the dispensation of the laws, and the administration of justice, and for all the other purposes for which governments are or should be instituted, a revenue of £232,000,000 is annually raised in Europe, constituting a tax for the support of gov ernment of 17s. 2d. upon every person living there. This amount may appear small when thus divided among the entire population of Europe; but, when the annexed table is looked at, it will be found that it bears very hard upon some of the principal countries. Can this amount of national debt be much increased? We think not. There is a point at which the capability of a nation to bear additional burdens must cease. Communities are subject to the same laws as individuals in this respect. This lesson, we think, has been learned by some of those who sway the destinies of nations, and we think others are fast learning it. Besides the inability of the nation, there is

also the enlightenment of the people to contend against, and both combined will, we think, prolong the present state of European peace. But to the tables we have spoken of. The first is compiled from one given in the Koiner Zeitung:

State or nation.

Great Britain and Ireland....

Spain..

Debt
in Prussian
dollars.

[blocks in formation]

5,000,000,000

129,000 678

18,000

27,500,000

1,300,000,000

160,000 50

721

13,000,000

Austria.

Russia..

1,100,000,000

500,000 a156

600

36,000,000

733,000,000 700,000 6615

7,000

70,000,000

Holland.

731,000,000

50,000 125

2,500

3,500,000

Prussia

180,000,000 c121,000

47

114

17,000,000

France...

1,330,000,000 265,463 328

8,000

36,000,000

Belgium..

165,000,000

90,000

[blocks in formation]

5,000,000

Portugal

160,000,000

$8,000

[blocks in formation]

3,500,000

Papal States.

120,000,000

19,000

[blocks in formation]

3,200,000

Sardinia...

120,000,000

38,000

[blocks in formation]

4,250,000

Naples..

100,000,000

48,000

[blocks in formation]

8,500,000

Bavaria.

82,000,000

57,000

[blocks in formation]

Denmark.

Saxony

80,000,000 20,000
43,500,000

33

1,120

2,750,000

25,000

2,000,000

Turkey

40,000,000 220,000

[blocks in formation]

12,500,000

Hamburg..
Baden

34,000,000

1,800

170,000

33,000,000 18,000

1,500,000

Hanover

30,368,000 21,000

2,000,000

Wurtemburg

28,000,000 19,000

2,000,000

Greece...

25,000,000 8,900

131

1,000,000

Mechlenburg.

10,000,000

4,700

...

Tuscany

10,000,000

[blocks in formation]

15

540,000 1,700,000

Frankfort

7,000,000

1,300

65,000

Brunswick..

6,800,000

3,000

300,000

Duchy of Hesse.

6,200,000

42,000

900,000

Electoral Hesse.

6,000,000

11,000

800,000

Lubec

6,000,000

490

50,000

Saxe Weimer..

4,000,000

2,000

75,000.

Schleswick, &c..

4,000,000

650,000

Anhalt...

[blocks in formation]

d 150,000

Bremen...

3,000,000

500

80,000

Saxe Cobourg.

2,566,000 1,200

160,000

Saxe Meiningen..

2,500,000 2,400

260,000

Nassau..

2,000,000 3,500

425,000

Parma...

1,800,000

5,000

500,000

Anhalt...

1,500,000

300

50,000

Saxe Altenburg..

1,500,000

1,000

150,000

Norway..

1,500,000 23,000 160

560

1,200,000

Oldenburg.

1,500,000

600

80,000

Hesse Homburg.

1,200,000

350

25,000

Schwarzburg..

860,000

540

60,000

Sweden.

250,000

[blocks in formation]

3,500,000

Modena.

3,500

525,000

Lippe Detmold.

820

110,000

Reuss

750

130,000

Waldeck..

520

60,000

Switzerland..

69,500

2,500,000

San Marino..

8,000

The totals of the preceding columns sum up thus:

Debt.....

Men in army

Vessels in fleet.

Guns.
Population.

a Including gun-boats.

$11,567,044,000
2,773,833

2,763
44,105
271,403,000

d Includes

b 175 vessels, 440 gun-boats. c War-footing, 492,000.

the three divisions of Anhalt.

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