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TREATY of Friendship, Commerce and Navigation, between New Granada and Equator.-Signed at Bogotá, July 9,
[Ratifications exchanged at Quito, May 26, 1857.]
THE Government of New Granada and the Government of the Equator, being animated by a desire to consolidate and perpetuate, upon a definite basis, the highly important friendly relations established between the two Republics, have considered it necessary to enter into a Treaty of Friendship, Commerce and Navigation.
With this object the Vice-President of New Granada, charged with the Executive Power, has conferred full powers on Lino de Pombo, Secretary of State for Foreign Affairs, and the President of the Equator on Colonel Teodoro Gomez de la Torre, Envoy Extraordinary and Minister Plenipotentiary of that Republic accredited to the Government of New Granada; who, after exchanging their full powers, have agreed upon the following Articles:
ART. I. There shall be peace and perpetual amity between the Republic of New Granada and the Republic of the Equator, throughout the whole of their dominions and possessions. The Government of both Republics shall exert themselves with a lively and constant interest to maintain frank and cordial relations with each other, and to avoid all that may disturb them.
II. In order to facilitate the administration of justice and to avoid all disputes and claims capable in any way of disturbing the good understanding and friendship between the two Republics, the Contracting Parties have agreed and do agree mutually to deliver up all persons charged with the crimes of incendiarism, poisoning, forgery, rape, piracy, ravishing with violence, theft or robbery, abuse of confidence, murder, or serious wounds or contusions given with premeditation, treachery, vantage, or any other special circumstances of atrocity; also defaulters to the public Treasury and absconding or fraudulent debtors to private persons, who may seek an asylum in either of the two Republics. The judges and tribunals, in order to carry into effect such delivery shall communicate with each other by means of requisitions, in which shall be specified and proved that by the laws of the country the crime committed is such as would justify the apprehension, and commitment for trial, of the offender; and in case of necessity the Government of the one Republic shall apply to the Government of the other for the extradition of the offender. With regard to political refugees, the Government interested may require their removal to a distance of more than 15 miriametres from the frontier.
III. If, unfortunately, at any time the relations of friendship and good understanding, which happily exist between the two Republics, and which it is the object of the present Treaty to render durable, should be interrupted, the Contracting Parties solemnly pledge themselves not to appeal to the grievous resource of arms before exhausting that of negotiation; explanations being required and given respecting the grievances which one party may consider it has received from the other, or respecting the differences which may arise between them; nor before the reparation shall have been expressly refused, which a neutral and friendly Power, selected as arbitrator, has, on an examination of the statements and allegations of the parties, declared to be due.
IV. There shall be mutual freedom of commerce and navigation between the two Contracting Republics. The citizens of either of them may freely frequent the coasts and territories of the other, trade and reside therein, and manage their own affairs by themselves or by means of their agents; they may enter with their ships and cargoes all such ports, roadsteads, bays, and rivers as are open to foreign trade, and leave them without obstacle or hindrance; and they shall enjoy the same security and protection as the citizens of the country where they may be trading or residing; being subject in the exercise of the right of entry, trade, and residence to the laws, decrees, and regulations in force relative to public order and
V. Granadian ships, entering the ports of Equator, laden or in ballast, and in like manner Equatorian ships entering the ports of New Granada, laden or in ballast, shall be treated and considered, on entering, during their stay, and at their departure, as national ships coming from the same place, as regards the levying of tonnage, anchorage, pilot, light or any other harbour dues, whether imposed by the Government or by the municipal or local authorities; as also in regard to the fees or emoluments of public functionaries.
VI. All goods and merchandize the importation whereof is or may be allowed in Equator, in Equatorian ships, may also be imported in Granadian ships, without paying other or higher duties of whatever kind or denomination, whether national, municipal, or local, than those paid on the same goods or merchandize, if imported in Equatorian ships; and in like manner all goods and merchandize, the importation of which is or may be allowed in New Granada, in Granadian ships, may likewise be imported in Equatorian ships without paying other or higher duties of whatever kind or denomination, whether national, municipal, or local, than those paid on the same goods or merchandize, if imported in Granadian ships,
The stipulations of this Article do not contravene or alter the laws and statutes which are or may hercafter be in force, in either
of the two Republics, in regard to the coasting trade; nor shall they hinder in any way the arrangements, restrictions, or privileges which they may in future be desirous to make, impose, or grant respecting the aforesaid coasting trade.
VII. All vessels which are provided with a register in conformity with the laws of either of the two countries, in the Republics of New Granada and Equator, shall be considered as national vessels of either of the countries; for this purpose the Contracting Parties shall communicate to each other their respective navigation laws, and the legal form of their registers.
VIII. All goods and merchandize the exportation of which is or may be allowed from the ports of Equator in Equatorian vessels, may also be exported in Granadian ships without paying other or higher duties of whatever kind or denomination, whether national, municipal, or local, than those paid on such goods or merchandize, if exported in Equatorian vessels. In like manner all goods and merchandize the exportation of which is or may be allowed from Granadian ports in Granadian ships, may also be exported in Equatorian ships, without paying other or higher duties of whatever kind or denomination, whether national, municipal, or local, than those paid on such goods or merchandize if exported in Granadian vessels.
IX. Articles of the growth or manufacture of either of the two Republics, which may be sent through the ports of the other, shall not pay on exportation other or higher duties of whatever kind or denomination, whether national, municipal, or local, than such as are or may be paid if the exportation of the same articles be effected through the ports of the Republic where they are produced.
X. The importation into or exportation from the ports of either Republic of any article the natural growth or manufacture of the other shall not be prohibited; but from this freedom of importation shall be excepted such articles as are or may be made monopolies, or the production or sale of which is or may be reserved by the laws of either of the two Republics; the prohibition including also the same articles of other nations.
XI. Articles of the growth or manufacture of the two Republics, the trade in which is legal, or the production or sale whereof has not been or shall not be reserved to the Government by the laws of either, the prohibition including those of other nations, shall not be subject to any duties or charges, national or municipal, on exportation or importation at the inland frontiers; nor shall such articles be subject, on account of transport or consumption, at the place where they are used, to other or higher duties or charges national, municipal, or local, than those which are paid or shall be paid on national products or manufactured articles of the same kind.
Although salt is an article of consumption, the supply of which has been reserved by the Governments of both countries, the salt produced in Equator shall continue to be admitted in New Granada, without paying other or higher duties on importation than those at present imposed, and should these duties be or become higher than those paid on the salt of other countries, the importation of which is also permitted, they shall be reduced on the Equatorian salt accordingly.
From the date of the ratification of this Treaty Granadian salt shall be admitted at the inland frontiers of Equator, on the same terms as Equatorian salt is allowed to enter New Granada.
XII. Goods and merchandize coming from foreign countries for Equator, and passing from the Atlantic to the Pacific by the Isthmus of Panama, shall be considered as coming direct from such foreign countries in regard to the payment of the duties on importation in the ports of Equator.
XIII. Whenever a vessel belonging to either of the two Republics, whether of war or merchant, is wrecked, founders or suffers any damage on the coasts or within the dominions of the other, or wants to repair or to complete its crew or armament, or to procure water or provisions in order to continue its voyage, or seeks refuge through stress of weather or pursuit of pirates or enemies, all assistance and protection shall be afforded to it in the manner that is usual and customary with the vessels of the nation in whose territory it happens to be; the expenses incurred being chargeable to the Republic or individual to whom the vessel belongs.
XIV. Granadians passing through or resident in Equator, and Equatorians passing through or resident in New Granada, shall not be liable to any embargo, nor to be detained with their vessels, crews, carriages, beasts of burden, servants or dependants, and effects for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a just and sufficient indemnification.
XV. Granadians in Equator and Equatorians in New Granada shall have full liberty to acquire real property and to administer it themselves or by their agents; they may carry on any agricultural, mercantile or industrial pursuit, follow any scientific or literary profession, and plead in person or by attorney before the authorities in the courts and tribunals, in matters which concern them; subject in all things to the laws in force for the natives, and enjoying the same rights. They shall be exempt from service in the army, the navy, and in the militia or national guard, as well as from the payment of forced loans, military, exactions, and all other extraordinary personal contributions whatsoever.
XVI. If by any fatality which cannot be expected, there should
be a rupture between the two Republics, it is from this moment solemnly and perpetually stipulated that the citizens of the one resident in or passing through the other, shall not be obliged to leave the country except for the same causes and by the same roads as those established or to be established for the citizens of the Republic where they reside, or through which they are passing; nor shall they be molested in the lawful exercise of their profession, employment or trade. It is moreover agreed that even in the event of hostilities, they shall only be carried on by the Chiefs and officers with the troops under their command, duly authorized by their respective Governments, except in the case of a sudden invasion or in defence of private property: Also that the towns shall not be sacked or set fire to; and that the lives of prisoners and peaceable citizens shall be respected; nor shall the mercantile relations between the towns and inhabitants of the two Republics be interrupted either by sea or land; they shall accordingly be allowed to trade freely in all kinds of merchandize and goods, the importation of which may be allowed, or which are not contraband of war, with their own ships, carriages or beasts of burthen, without being liable to embargo or sequestration in the way of hostility. From this liberty of trade and commerce are alone excepted the territories where hostilities are actually carried on, and the places which are besieged or blockaded by a force sufficient to prevent entrance into them.
XVII. Both Contracting Parties in order to avoid the impediments which a war carried on by either Republic against one or more other nations might occasion to their commerce, have agreed and do stipulate here that they admit and recognize the principle that the flag covers the property and persons, with the exception of the military belonging to the hostile nation or nations. It shall accordingly be lawful for the citizens of both Republics, in such case, to trade with the nations hostile to the Republic, and with others, whether hostile or neutral, without let or hindrance to their vessels in any way, whoever may be the the owners of the merchandize on board, articles contraband of war found on board a vessel bound for an enemy's port being alone subject to confiscation; it being understood that the agreements and stipulations of this Article apply only to the property and citizens of the nations whose Governments recognize and admit the principle which it establishes.
This freedom of commerce does not extend to the hostile places which are besieged or blockaded by a force sufficient to prevent entrance into them.
XVIII. It is likewise stipulated that if either of the Contracting Parties should be at war with a third Power, and the other remains neutral, the property of the latter and of its citizens which shall be found on board the enemy's vessels shall be liable to confiscation,