public or private banks, nor shares in companies, be confiscated, embargoed, or detained. ARTICLE XXVII. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, have agreed and do agree to grant to the Envoys, Ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nation do or may enjoy; it being understood that whatever favors, immunities, or privileges the United States of America or the United Mexican States may find proper to give to the Ministers and public agents of any other Power, shall by the same act be extended to those of each of the contracting parties. ARTICLE XXVIII.a In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their character, they shall, before entering upon the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants of the consular district in which they reside. It is agreed likewise to receive and admit Consuls and Vice-Consuls in all the ports and places open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation, each of the contracting parties remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem expedient. ARTICLE XXIX. It is likewise agreed that the Consuls, Vice-Consuls, their secretaries, officers and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all compulsory public service, and also from all kinds of taxes, imposts, and contributions levied especially on them, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside, are subject; being in everything besides subject to the laws of their respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. ARTICLE XXX. The said Consuls shall have power to require the assistance of the authorities of the country, for the arrest, detention, and custody of deserters from the public and private vessels of their country; and for that purpose, they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving, by an exhibition of the register of the vessel, or ship's roll, or other public documents, that the man or men demanded were part of said crews; and on this demand so proved, (saving always where the contrary is proved), the delivery shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the vessels to which they belong, or to others of the same nation. But, if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. ARTICLE XXXI. For the purpose of more effectually protecting their commerce and navi gation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a consular convention, which shall declare aThis article was abrogated by the second article of the treaty of December 30, 1853. specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. ARTICLE XXXII. For the purpose of regulating the interior commerce between the frontier territories of both Republics, it is agreed that the Executive of each shall have power, by mutual agreement, of determining on the route and establishing the roads by which such commerce shall be conducted; and in all cases where the caravans employed in such commerce may require convoy and protection by military escort, the Supreme Executive of each nation shall, by mutual agreement, in like manner, fix on the period of departure for such caravans, and the point at which the military escort of the two nations shall be exchanged. And it is further agreed, that, until the regulations for governing this interior commerce between the two nations shall be established, the commercial intercourse between the State of Missouri of the United States of America, and New Mexico in the United Mexican States, shall be conducted as heretofore, each Government affording the necessary protection to the citizens of the other. ARTICLE XXXIII. It is likewise agreed that the two contracting parties shall, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the lands adjacent to the lines and rivers which form the boundaries of the two countries; and the better to attain this object, both parties bind themselves expressly to restrain, by force, all hostilities and incursions on the part of the Indian nations living within their respective boundaries: so that the United States of America will not suffer their Indians to attack the citizens of the United Mexican States, nor the Indians inhabiting their territory; nor will the United Mexican States permit the Indians residing within their territories to commit hostilities against the citizens of the United States of America, nor against the Indians residing within the limits of the United States, in any manner whatever. And in the event of any person or persons, captured by the Indians who inhabit the territory of either of the contracting parties, being or having been carried into the territories of the other, both Governments engage and bind themselves in the most solemn manner to return them to their country as soon as they know of their being within their respective territories, or to deliver them up to the agent or representative of the Government that claims them, giving to each other, reciprocally, timely notice, and the claimant paying the expenses incurred in the transmission and maintenance of such person or persons, who, in the meantime, shall be treated with the utmost hospitality by the local authorities of the place where they may be. Nor shall it be lawful, under any pretext whatever, for the citizens of either of the contracting parties to purchase or hold captive prisoners made by the Indians inhabiting the territories of the other. ARTICLE XXXIV. The United States of America and the United Mexican States, desiring to make as durable as circumstances will permit, the relations which are to be established between the two parties by virtue of this treaty or general convention of amity, commerce, and navigation, have declared solemnly, and do agree to the following points: First. The present treaty shall remain and be in force for eight years from the day of the exchange of the ratifications, and until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other, at the end of said term of eight years. And it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either of the parties from the other party, this treaty, in all its parts, relating to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both the contracting parties. Secondly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same; and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation. Thirdly. If (what indeed cannot be expected) any of the articles contained in the present treaty shall be violated or infracted in any manner whatever, it is stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. Fourthly. Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties with other Sovereigns or States. The present treaty of amity, 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 Vice-President of the United Mexican States, with the consent and approbation of the Congress thereof; and the ratifications shall be exchanged in the city of Washington, within the term of one year, to be counted from the date of the signature hereof, or sooner if possible. In witness whereof we, the Plenipotentiaries of the United States of America and of the United Mexican States, have signed and sealed these presents. Done in the City of Mexico on the fifth day of April in the year of our Lord one thousand eight hundred and thirty-one, in the fifty-fifth year of the Independence of the United States of America, and in the eleventh of that of the United Mexican States. [SEAL.] [SEAL.] A. BUTLER. [SEAL.] ADDITIONAL ARTICLE. Whereas, in the present state of the Mexican shipping, it would not be possible for Mexico to receive the full advantage of the reciprocity established in the fifth and sixth articles of the treaty signed this day, it is agreed that for the term of six years, the stipulations contained in the said articles shall be suspended; and in lieu thereof, it is hereby agreed, that, until the expiration of the said term of six years, American vessels entering into the ports of Mexico, and all articles the produce, growth, or manufacture of the United States of America, imported in such vessels, shall pay no other or higher duties than are or may hereafter be payable in the said ports by the vessels and the like articles the growth, produce, or manufacture of the most favored nation; and, reciprocally, it is agreed that Mexican vessels entering into the ports of the United States of America, and all articles the growth, produce, or manufacture of the United Mexican States, imported in such vessels, shall pay no other or higher duties than are, or may hereafter be, payable in the said ports by the vessels and the like articles the growth, produce, or manufacture of the most favored nation; and that no higher duties shall be paid, or bounties or drawbacks allowed, on the exportation of any article the growth, produce, or manufacture of either country, in the vessels of the other, than upon the exportation of the like articles in the vessels of any other foreign country. The present additional article shall have the same force and value as if it had been inserted, word for word, in the treaty signed this day. It shall be ratified, and the ratification [shall be] exchanged at the same time. In witness whereof we, the respective Plenipotentiaries, have signed and sealed the same. Done at Mexico on the fifth day of April, one thousand eight hundred and thirty-one. [SEAL.] [SEAL.] [SEAL.] A. BUTLER. 1831. PROTOCOL CONCERNING THE TREATY OF AMITY, COMMERCE AND NAVIGATION OF 1831. Concluded September 7, 1831. Protocol of a conference had on the 7th of September, 1831, between Anthony Butler, Plenipotentiary on the part of the United States of America, and their Excellencies' Lucas Alaman and Raphael Mangino, Plenipotentiaries for the United Mexican States. The undersigned Plenipotentiaries having assembled in the Office of the Secretary of State for foreign affairs proceeded to consider the articles 7th and 13th of the Treaty of Amity, commerce and navigation concluded by the undersigned Plenipotentiaries, and also that part of the 3d article of the said Treaty contained in the following words: "to trade therein in all sorts of produce, manufactures and merchandise"; These articles 7th and 13th and that part of the 3d above mentioned having been suspended by the Chamber of Deputies of the Congress of the United Mexican States, until the undersigned shall have determined upon the construction which the said articles shall receive in regard to the rights of Commerce that may be enjoyed by the citizens of each of the high contracting parties. After free and mature deliberation, the undersigned have agreed that the construction to be given to the above mentioned articles, shall in no matter restrain the power possessed by each nation respectively of regulating sales by retail of goods, wares and merchandise within their respective States and Territories. And to remove all doubts as to the object designed to be effected by the said Treaty in regard to the several branches which it embraces. The Plenipotentiaries agree that the above-mentioned articles so far as they relate to the Commercial intercourse conducted by the citizens of their respective Countries, it shall be reciprocal and equal reserving however to the United States of America, and to the United Mexican States, full power and entire liberty to regulate commerce of retail, by means of their respective Legislatures in conformity with what each party may consider as the interest of their own citizens, without being restrained by any stipulation contained in the above mentioned Treaty of Amity, Commerce, and Navigation, provided that the Measures adopted by the Legislature of either party, shall be general in their operations and extend equally to the subjects and Citizens of all other nations who maintain commercial relations with the high contracting parties in conformity with the principle of the most favored Nation" established on a reciprocal basis in the Treaty of Amity, Commerce and Navigation concluded by the undersigned Plenipotentiaries and signed on the 5th April of the present year, and of which Treaty the above mentioned articles 3d., 7th and 13 form a part. In testimony of which the undersigned have subscribed the present protoeol in Mexico on the 7th, September in the year 1831. A. BUTLER 1831. PROTOCOL CONCERNING THE TREATY OF AMITY, COMMERCE AND NAVIGATION OF 1831. Concluded December 17, 1831. Protocol of a conference held by their Excellencies the Secretaries of State for Home and Foreign Affairs, and of the Treasury, and Anthony Butler, Chargé d'Affaires of the United States of America, Plenipotentiaries respectively of these States and of those, for the celebration of Treaties of Amity, Commerce, Navigation and boundary between both Republics, the 17th day of December, 1831. On the 17th of December, 1831, their Excellencies, Lucas Alaman, Secretary of State for Home and Foreign Affairs and Raphael Mangino, Secretary of the Treasury, Plenipotentiaries appointed by the Vice President, in exercise of the executive power of these States, for the celebration of Treaties of Amity, Commerce and Navigation, and for the adjustment of a boundary with the United States of America, and Anthony Butler, Chargé d'Affaires of the said States, and Plenipotentiary appointed, for the same object, by the President of the said States, having met in the Office of the Secretary for Home and Foreign Affairs, the two former set forth, that the Treaty of Amity, Commerce and Navigation, celebrated in this Capital by the undersigned Plenipotentiaries on the fifth of April of the present year, being approved by both Chambers of the General Congress of these States, with the exception of the 34th article, on the approval of which difficulties have occurred, that have caused the deliberation respecting it to be suspended and of the second additional article, which has been disapproved, having been considered unnecessary; and the additional article of the Treaty of Boundary, celebrated the 5th of April last, being also approved, the extraordinary Sessions of Congress have been closed, without a communication to the Executive of the Decree of approbation withheld solely by the difficulties which have occurred only with respect to the said 34th article; and the Plenipotentiaries, having conferred at large upon the particular, desirous on the one part and on the other, that no hindrance should be put to the conclusion of treaties, which, drawing closer the friendly relations that happily unite the two Republics, are equally beneficial to both, they agreed that, to remove every obstacle which might embarrass the attainment of this desired end, the before mentioned 34th article ought to be separated from the Treaty of Amity, Commerce and Navigation, it not having any necessary Connection with the other Stipulations of the said Treaty, and, in the place of it, ought to be substituted the 35th article, which would then become, by numerical order, the 34th and the last; and that, besides, in the copy which should be made for the exchange of ratifications and the publication of the Treaty, the second additional article which has been disapproved by the Congress of these States, should be suppressed. And it having been thus agreed and settled, for the due and suitable proof of the same, it was equally settled that this Protocol should be written in duplicate, and be signed by the plenipotentiaries; which they did accordingly in the day, month and year already mentioned. A. BUTLER LUCAS ALAMAN |