ARTICLE XXV. For the purpose of lessening the evils of war, the two high contracting parties further agree, that in case a war should unfortunately take place between them, hostilities shall only be carried on by persons duly commissioned by the government, and by those under their orders, except in repelling an attack or invasion, and in the defence of property. ARTICLE XXVI. Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission or letter of marque for the purpose of assisting or cooperating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate. - ARTICLE XXVII. which cannot be expected, and God forbid If by any fatality the two contracting parties should be engaged in a war with each other, they have agreed, and do agree now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe-conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens, of all other occupations, who may be established in the territories or dominions of the United States or of New Granada, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them. TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION WITH COSTA RICA (1851) ARTICLE XI. For the better security of commerce between the citizens of the United States and the citizens of the Republic of Costarica, it is agreed, that if at any time any interruption of friendly intercourse, or any rupture should unfortunately take place between the two high contracting parties, the citizens of either of the two high contracting parties who may be within any of the territories of the other, shall, if residing upon the coast, be allowed six months, and if in the interior, a whole year to wind up their accounts and dispose of their property; and a safe conduct shall be given them to embark at the port which they themselves shall select; and even in the event of a rupture, all such citizens of either of the two high contracting parties who are established in any of the territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and of continuing such trade and employment therein without any manner of interruption, in the full enjoyment of their liberty and property as long as they behave peaceably, and commit no offence against the laws; and their goods and effects of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native citizens of the country in which such citizens may reside. In the same case debts between individuals, property in public funds, and shares of companies, shall never be confiscated, sequestered, nor detained. --(Treaty Series, No. 62, 10 Stat. 922-923; 18 Stat. (pt.2) 159.) EDITORIAL NOTE This treaty was signed at Washington on July 10, 1851; its ratification was advised by the Senate on Mar. 11, 1852; it was ratified by the President on May 25, 1852, and proclaimed on May 26, 1852. TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION WITH ARGENTINE ARTICLE VII. The contracting parties agree to consider and treat, as vessels of the United States and of the Argentine Confederation, all those which, being furnished by the competent authority with a regular passport or sea-letter, shall, under the then existing laws and regulations of either of the two governments, be recognized fully and bonâ fide as national vessels, by that country to which they respectively belong. ARTICLE XII. For the better security of commerce between the United States and the Argentine Confederation, it is agreed that if, at any time, any interruption of friendly commercial intercourse, or any rupture, should unfortunately take place between the two contracting parties, the citizens of either of them, residing in the territories of the other, shall have the privilege of remaining and continuing their trade or occupation therein, without any manner of interruption, so long as they behave peaceably, and commit no offence against the laws; and their effects and property, whether entrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other demands than those which may be made upon the like effects or property belonging to the native inhabitants of the State in which such citizens may reside. --(Treaty Series, No. 4; 10 Stat. 1008-1011; 18 Stat. (pt. 2) 18-19.) EDITORIAL NOTE This treaty was signed at San José on July 27, 1853; its ratification was advised by the Senate on June 13, 1854; it was ratified by the President on CONVENTION WITH RUSSIA AS TO RIGHTS OF NEUTRALS AT SEA (1854) to-wit: ARTICLE I. The two high contracting parties recognize as permanent and immutable the following principles, 1st. That free ships make free goods that is to say, that the effects or goods belonging to subjects or citizens of a Power or State at war are free from capture and confiscation when found on board of neutral vessels, with the exceptions of articles contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be contraband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them on their part as permanent and immutable. ARTICLE II. The two high contracting parties reserve themselves to come to an ulterior understanding as circumstances may require, with regard to the application and extension to be given, if there be any cause for it, to the principles laid down in the 1st article. But they declare from this time that they will take the stipulations contained in said article 1st as a rule, whenever it shall become a question, to judge of the rights of neutrality. --(Treaty Series, No. 300; 10 Stat. 1105-1106; 18 Stat. (pt. 2) 640.) EDITORIAL NOTES This treaty was signed at Washington on July 22, 1854; its ratification was advised in the Senate on July 25, 1854; it was ratified by the President on Aug. 12, 1854, and proclaimed on Nov. 1, 1854. "While this treaty has not been formally terminated, there is no indication in the records of the Department of State that the Union of Soviet (InSocialist Republics regard it as in effect."-structions for the Navy of the United States Governing Maritime and Aerial Warfare (May, 1941), P. 133.) DECLARATION OF PARIS (1856) The Plenipotentiaries who signed the Treaty of Paris of the thirtieth of March, one thousand eight hundred and fifty-six, assembled in conference, considering: That maritime law in time of war has long been the subject of deplorable disputes; That the uncertainty of the law and of the duties in such a matter gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts; That, consequently, it is advantageous to establish a uniform doctrine on so important a point; That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their Governments are animated, than by seeking to introduce into international relations fixed principles in this respect. The above-mentioned Plenipotentiaries, being duly authorized, have agreed to concert among themselves regarding the means of attaining this object; and, having come to an agreement, have adopted the following solemn declaration: 1. Privateering is and remains abolished; 2. The neutral flag covers enemy goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy flag; 4. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. The Governments of the undersigned Plenipotentiaries undertake to bring this declaration to the knowledge of the States which have not been called to take part in the Congress of Paris, and to invite them to accede to it. Convinced that the maxims which they have just proclaim [sic/ cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their Governments to obtain the general adoption thereof will be crowned with full success. The present declaration is not and shall not be binding except between those powers which have acceded or which shall accede thereto. Done at Paris, the sixteenth of April one thousand eight hundred and fifty-six.--(Miller, Treaties and other International Acts of the United States of America, vol. 6, pp. 828-830.) EDITORIAL NOTES This declaration was signed at Paris on Apr. 16, 1856 by the plenipotentiaries of Austria, France, Great Britain, Prussia, Russia, Sardinia and Turkey. It was promulgated by the Emperor of France on Apr. 28, 1856. With very few exceptions, all states have ratified or have adhered to the declaration. Its provisions may well be considered as general international law. Although the United States has never formally adhered to the declaration, it has in practice followed its provisions. The same is true of other states that have not adhered to it. This declaration was considered by the United States Supreme Court in The Olinde Rodrigues, 174 U.S. 510, May 15, 1899. |