« ΠροηγούμενηΣυνέχεια »
be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed.
The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever cancelled whatever their amount be, undertake to make satisfaction for the same, to an amount not exceeding three and one quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commissioners shall be established by the government of the United States, whose awards shall be final and conclusive; provided, that in deciding upon the validity of each claim, the board shall be guided and governed by the principles and rules of decision prescribed by the first and filth articles of the unratfied convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three; and in eo case shall an award be made in favor of any claim not embraced by these principles and rules.
If, in the opinion of the said board of commissioners, or of the claimants, any books, records, or documents, in the possession or power of the government of the Mexican republic, shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister for Foreign Affairs, to be transmitted by the Secretary of State of the United States; and the Mexican government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records, or documents, so specified, which shall be in their possession or power, (or authenticated copies or extracts of the same,) to be transmitted to the said Secretary of Slate, who shall immediately deliver them over to the said board of commissioners: Provided, That no such application shall be made by it, or at the instance of, any
claimant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation.
Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.
The treaty of amity, commerce and navigation, concluded at the city of Mexico on the fifth day of April, A. D., 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year's notice of such intention to the other party.
All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the government of the United States hereby engaging and pledging its faith to establish, and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipnlation, of any articles other than such, both in kind and in quality, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly proven and established by sentence of a competent tribunal, shall be punished by the confiscation of the property 80 attempted to be fraudulently introduced.
With respect to all merchandize, effects, and property whatsoever, imported into ports of Mexico whilst in the occupation of the forces of the United States, whether by citizens of either republic, or by citizer.s or subjects of any neutral nation, the following rules shall be observed :
1. All such merchandize, effects and property, if imported previously to the restoration of the custom-houses to the Mexican authorities as stipulated for in the third article of this treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff.
2. The same perfect exemption shall be enjoyed by all such merchandize, effects and property, imported subsequently to the restoration of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandize, effects, and property being,
however, at the time of their importation, subject to the payment of duties, as provided for in the said following article.
3. All merchandise, effects, and property, described in the two rules foregoing, shall, during their continuance at the place of importation, and upon their leaving such place for the interior, be exempt from all duty, tax or impost of every kind, under whatsoever title or denomination. Nor shall they be there subjected to any charge, whatsoever, upon
the sale thereof. 4. All merchandise, effects, and property, described in the first and secend rules, which shall have been removed to any place in the interior, whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination.
5. But, if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maratime custom houses, and had there paid the duties conformably with the Mexican tariff.
6. The owners of all merchandise, effects, or property, described in the first and second rnles, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever.
With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom-honse at such port, no person shall be required by the Mexican authorities, whether general or State, to pay any tax, duty or contribution upon any such exportation, or in any manner to account for the same to the said authorities.
Through considerations for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom-houses, conformably with the stipulation in the third article, in such case, all merchandize, effects, and property, whatsoever, arriving at the Mexican ports after the restoration of the said custom-honses, and previously to the expiration of sixty days after the day of the signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such customhouses at the time of the restoration of the same. And to all such merchandize, effects, and property, the rules established by the prece. ding article shall apply.
If unhappily any disagreement should hereafter arise between the two republics, whether with respect to the interpretation of any stipu. lation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said gov. ernments, in the name of those nations, do promise to each other that they will endeavor in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves; using, for this end mutual representations and pacific negotiations. And if, by these means, they should not be able to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the government of that which deems itself aggrieved shall have mutually consid. ered, in the spirit of peace and good neighborship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case.
If, (which is not to be expected, and which God forbid !) war should unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world, to observe the following rules, absolutely, where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible : 1. The merchants of either republic, then residing in the other, shall be allowed to remain twelve month, (for those dwelling in the interior,) and six months (for those dwelling at the seaports,) to collect their debts and settle their affairs ; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the cit. izens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance; con. forming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers and fishermen, unarmed and inhabiting unfortified towns, villages, are places, and in general all persons whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take any thing from them, for the use of such armed force, the same shail be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries and other establishments for charitable and beneficent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuit of their vocations.
2. In order that the fate of prisoners of war may be alleviated, all such practices as those of sending them into distant, inclement, or un. wholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison-ships or prisons; nor be put in irons, or bound, or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldiers shall be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and good as are provided by the party in whose power they are, for its own troops. But if any officer shall break his parole by lear. ing the district so assigned him, or any other prisoner shall escape from the limits of his cantonment, after they shall have been designated to him, such individual, officer, or other prisoner, shall forfeit so much of