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THIRTY-FIFTH CONGRESS, SPECIAL SESSION.

March 10, 1857.

On the extradition treaty with Venezuela, Mr. Mason reported as follows:

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the treaty of amity, commerce, and navigation, and for the surrender of fugitive criminals, concluded and signed between the plenipotentiaries of the United States of America and the Republic of Venezuela July tenth, eighteen hundred and fifty-six, with the following amendment: Article XVIII, after the word "money" strike out the words "or the emission of forged papers."

(Ex. Jour., vol. 10, p. 231.)

March 10, 1857.

On the treaty with Chile, signed at Santiago May 27, 1856, Mr. Mason reported as follows:

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the treaty of friendship, commerce, and navigation and extradition between the United States and the Republic of Chile, signed at Santiago, the twentyseventh day of May, eighteen hundred and fifty-six, with the following amendments:

Article VIII, strike out this article.

Article XV, after the word "forgery," strike out the words "the utterance of forged papers."

Article XXVI, strike out the following words from this article: "When, in case of war, and in order to protect the interests of the State seriously compromised, the welfare of the country may render indispensable an embargo, or general closing of one or several of its ports by either of the contracting parties, it is stipulated that if the embargo, or closing of the ports, does not exceed six days, the merchant vessels which may have been included in this measure shall not claim any indemnity on account of lay days, or prejudice to their interests; but if the detention should be more than six days, and does not exceed twelve, the Government which may have laid on the embargo, or closing of the ports, shall be obliged to refund to the masters of the vessels detained, as an indemnity, the amount of expenses arising from the wages and support of their crews from the time they may have been forced to remain, counting from the seventh day. If circumstances of a very exceptionable gravity should render it necessary to prolong the embargo beyond the term of twelve days, the Government, author of the measure, shall be obliged to indemnify the vessels detained for the losses and prejudices suffered from the forced detention in consequence of the embargo, or closing of the ports."

(Ex. Jour., vol. 10, pp. 232, 233.)

March 10, 1857.

On the treaty with Chile to determine in a precise manner the rights, privileges, and duties of the consuls of the two countries, Mr. Mason reported as follows:

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the treaty between the United States and the Republic of Chile to determine in a precise manner the rights, privileges, and duties of the consuls of the two countries, signed at the city of Santiago on the first day of December, eighteen hundred and fifty-six, with the following amendments: Article III, after the words "and a seat," strike out the words "of preference."

Article VIII, after the words "may arrest the," strike out the word "officers." After the words "of their own nation," insert the words including inferior officers of merchant vessels.

(Ex. Jour., vol. 10, pp. 233, 234.)

March 11, 1857.

On the treaty with Siam of May 29, 1856, Mr. Mason reported as follows:

Article V: Strike out this article, in the following words:

"All American citizens intending to reside in Siam shall be registered at the American consulate; they shall not go out to sea nor proceed beyond the limits assigned by this treaty for the residence of American citizens without a passport from the Siamese authorities, to be applied for by the American consul; nor shall they leave Siam if the Siamese authorities show to the American consul that legitimate objections exist to their quitting the country. But within the limits appointed under the preceding article American citizens are at liberty to travel to and fro under the protection of a pass to be furnished them by the American consul and countersealed by the proper Siamese officer, stating in the Siamese characters their names, calling, and description. The Siamese officers at the Government stations in the interior may at any time call for the production of this pass, and immediately on its being exhibited they must allow the parties to proceed; but it will be their duty to detain those persons who, by traveling without a pass from the consul, render themselves liable to the suspicion of their being deserters, and such detention shall be immediately reported to the consul."

(Ex. Jour., vol. 10, p. 236, 256.)

THIRTY-FIFTH CONGRESS, FIRST SESSION.

May 18, 1858.

Mr. Seward reported as follows:

On joint resolution authorizing the President to give to the Government of Hanover the notice required by the treaty of the 10th of June, 1846, of the termination of the eleventh article of said treaty, in the following words:

"Whereas by the first article of the treaty of commerce and navigation between the United States and Hanover, concluded at the city

of Hanover on the tenth day of June, eighteen hundred and forty-six, it is provided that 'no higher or other toll shall be levied or collected at Brunshausen or Stadte, on the river Elbe, upon the tonnage or cargoes of vessels of the United States than is levied and collected upon the tonnage and cargoes of vessels of the Kingdom of Hanover, and the vessels of the United States shall be subjected to no charges, detention, or other inconvenience by the Hanoverian authorities in passing the above-mentioned places from which vessels of the Kingdom of Hanover are, or shall be, exempt,' which provision has been construed into a concession, on the part of the United States of the right on the part of the Government of Hanover to levy duties or tolls on such ships and cargoes burdensome and oppressive to the commerce of the United States, and in derogation of common right to the free navigation of the river Elbe, and it being provided by the eleventh article of the said treaty that after twelve years from the date thereof either of the contracting parties should be at liberty to give notice to the other of its intention to terminate the same in the manner therein provided; with a view, therefore, to relieve the commerce of the United States in the river Elbe from the duties or tolls aforesaid,"

Resolved, That the President of the United States be, and he is hereby, authorized, at his discretion, to give to the Government of Hanover the notice required by the eleventh article of said treaty of the tenth day of June, eighteen hundred and forty-six, for the termination of the same.

Mr. Seward reported the above preamble and resolution, with an amendment striking out the word "joint" in the title, so that the resolution should be acted upon as a Senate resolution.

(Ex. Jour., vol. 10, pp. 417, 418.)

June 15, 1858.

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the additional article to the extradition convention between the United States and France of the ninth of November, eighteen hundred and forty-three, and to the additional article of the twenty-fourth of February, eighteen hundred and forty-five, signed the tenth day of February, eighteen hundred and fifty-eight, beg to report the same with the following amendments:

After the word "money" strike out the words "embezzlement of the funds, money, or property of any company or corporation by a person in the employment thereof, or acting therefor in a fiduciary capacity, when such company or corporation shall have been legally established, and the legal punishment for their crimes is infamous" and insert with intent to defraud any person or persons, embezzlement by any person or persons, hired or salaried, to the detriment of their employers, when their crimes are subject to infamous punishment. (Ex. Jour., vol. 10, pp. 461, 462.)

June 15, 1858.

On the treaty with Siam, Mr. Mason reported as follows: Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the treaty between

the United States and the First and Second Kings of Siam, concluded at Bangkok the twenty-ninth day of May, eighteen hundred and fifty-six, and that the ratifications of the treaty shall be exchanged, notwithstanding the time for the ratification thereof as stated in the treaty has expired.

(Ex. Jour., vol. 10, p. 462.)

June 15, 1858.

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the treaty of extradition between the United States and Belgium, concluded at Washington the 11th of February, 1853, beg to report the same to the Senate, and to recommend that it be advised and consented to with the following amendments:

Article XI, paragraph 9, strike out the words "theft and embezzlement of public or private funds or property" and insert embezzlement by persons, hired or salaried, to the detriment of their employers, when their crimes are subject to infamous punishment.

Article VI, at the end thereof add: Nor shall the provisions in the first and second articles contained be construed to extend to any political offense or other act connected with such offense.

(Ex. Jour., vol. 10, pp. 462, 463.)

THIRTY-SIXTH CONGRESS, SPECIAL SESSION.

March 8, 1859.

On the treaty with New Granada to adjust certain claims, Mr. Mason reported as follows:

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the convention between the United States and New Granada to adjust certain claims and to cement the good understanding between the two Republics, signed on the tenth day of September, eighteen hundred and fiftyseven, agreeably to the modifications approved by the Granadian Confederacy, as follows, to wit:

Article I. The foregoing convention is approved with the exception of its seventh article, and with the following explanations:

First. It is understood that the obligation of New Granada to maintain peace and good order on the interoceanic route of the Isthmus of Panama, of which Article I of the convention speaks, is the same by which all nations are held to preserve peace and order within their territories in conformity with general principles of the law of nations and of the public treaties which they may have concluded.

Second. The claims of corporations, companies, and individuals that have entered into contracts with New Granada are not comprehended within the stipulations of the convention, provided such claims grew out of facts relative to said contracts.

Third. Wherever in the Spanish text arbitro is mentioned it shall be understood as arbitro, arbitrador, amigable compoundors (arbiter,

arbitrator, friendly compounder), in conformity with the English text, and also with the following amendments:

Article I, fourth line, after the word "which" insert the word shall; fifth line, strike out the words "signature of this convention," and insert the words first day of September, eighteen hundred and fifty-nine.

Article VIII. Amend this article by striking out "the present convention shall be ratified and the ratifications exchanged in Washington within nine months after the date hereof, or sooner if possible,' and by inserting this convention shall be ratified and the ratifications exchanged within nine months from the eighth day of March, eighteen hundred and fifty-nine.

(Ex. Jour., vol. 11, pp. 90, 91.)

THIRTY-SIXTH CONGRESS, FIRST SESSION.

January 24, 1860.

On the message of the President with reference to the postponement of the exchange of ratifications of the treaty with China of June 18, 1858, Mr. Mason reported as follows:

Whereas the time for the exchange of the ratifications of the treaty between the United States of America and the Ta Tring Empire, concluded on the eighteenth day of June, eighteen hundred and fiftyeight, which was limited to the eighteenth day of June, eighteen hundred and fifty-nine, having expired before it was practicable to effect such exchange: Therefore,

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the said treaty, which was effected on the sixteenth of August, eighteen hundred and fifty-nine, the limitation contained in the said treaty to the contrary notwithstanding.

(Ex. Jour., vol. 11, pp. 131, 132.)

May 8, 1860.

On the treaty with New Granada to adjust certain claims, Mr. Mason reported as follows:

Whereas the time limited by the Senate of the United States for the exchange of the ratifications of the convention between the United States and the Republic of New Granada, to adjust certain claims and to cement the good understanding which subsists between the two Republics, signed on the tenth of September, eighteen hundred and fifty-seven, and ratified by the President of the United States, by and with the advice and consent of the Senate, on the twelfth of March, eighteen hundred and fifty-nine, having expired before such exchange could be effected: Therefore,

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the exchange of the ratification of the said convention as amended by the Senate on the eighth day of March, eighteen hundred and fifty-nine, the limitations contained in the convention and the amendments of the Senate to the contrary notwithstanding.

(Ex. Jour., vol. 11, p. 184.)

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