dans l'un et l'autre Etat se livreraient au commerce, seront soumis aux mêmes lois et aux mêmes usages auxquels sont soumis leurs nationaux faisant le même

commerce.

Art. 6. Le présent traité d'amitié et de commerce cimenté par la sincère amitié et la confiance qui règne entre les monarchies du Danemark et de la Perse sera, Dieu aidant, fidèlement observé et maintenu de part et d'autre pendant douze ans, à dater du jour où les ratifications seront échangées. Mais si une année avant l'expiration du terme fixé, aucune des deux Hautes Parties contractantes n'a annoncé officiellement à l'autre l'intention d'en faire cesser les effets, il continuera à rester en vigueur pour les deux Parties pendant un an, à dater du jour où il aura été dénoncé, quelle que soit l'époque à laquelle cette déclaration aura eu lieu.

Les plénipotentiaires des deux Hautes Parties contractantes s'engagent à échanger les ratifications de Leurs Augustes Souverains à Paris ou à Constantinople dans l'espace d'un an, ou plus tôt, si faire se peut.

En foi de quoi les Plénipotentiaires respectifs des deux Hautes Parties contractantes ont signé le présent traité et y ont apposé leurs sceaux.

Fait double en français et en persan le trentième jour du mois de Novembre de l'an du Christ mil huit cent cinquante sept.

249

XXXIX.

A

Traité d'amitié, de commerce et de navigation entre les Etats-Unis d'Amérique et la République de Paraguay, signé à Assomption, le 4 février 1859 *).

Texte anglais.

In the name of the Most Holy Trinity! The governments of the two Republics, the United States of America and of Paraguay, in South America, being mutually disposed to cherish more intimate relations and intercourse than those which have heretofore subsisted between them, and believing it to be of mutual advantage to adjust the conditions of such relations by signing a treaty of friendship, commerce, and navigation," for that object have nominated their respective plenipotentiaries, that is to say: His Excellency the President of the United States of America has nominated James B. Bowlin a special Commissioner of the United States of America at Assumption, and his Excellency the President of the Republic of Paraguay has nominated the Paraguayan citizen, Nicolas Vasquez Secretary of State and Minister of Foreign Relations of the Republic of Paraguay; who, after having communicated competent authorities, have agreed upon and concluded the following articles:

Art. I. There shall be perfect peace and sincere friendship between the government of the United States of America and the government of the Republic of Paraguay, and between the citizens of both States, and without exceptions of persons or places. The high contracting parties shall use their best endeavors that this friendship and good understanding may be constantly and perpetually maintained.

Art. II. The Republic of Paraguay, in the exercise of the sovereign right which pertains to her, concedes to the merchant flag of the citizens of the United States

*) L'échange des ratifications a eu lieu à Washington, le 7 mars 1860.

of America the free navigation of the river Paraguay as far as the dominions of the empire of Brazil, and of the right side of the Paraná throughout all its course belonging to the Republic, subject to police and fiscal regulations of the supreme government of the Republic, in conformity with its concessions to the commerce of friendly nations. They shall be at liberty, with their ships and cargoes, freely and securely to come to and to leave all the places and ports which are already mentioned; to remain and reside in any part of the said territories; hire houses and warehouses, and trade in all kinds of produce, manufactures, and merchandise of lawful commerce, subject to the usages and established customs of the country. They may discharge the whole or a part of their cargoes at the ports of Pilar, and where commerce with other nations may be permitted, or proceed with the whole or part of their cargo to the port of Assumption, according as the captain, owner, or other duly authorized person shall deem expedient. In the same manner shall be treated and considered such Paraguayan citizens as may arrive at the parts of the United States of America with cargoes in Paraguayan vessels, or vessels of the United States of America.

Art. III. The two high contracting parties hereby agree that any favor, privilege, or immunity whatever, in matters of commerce or navigation, which either contracting party has actually granted, or may hereafter grant, to the citizens or subjects of any other State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party gratuitously, if the concession in favor of that other State shall have been gratuitous, or in return for an equivalent compensation, if the concession shall have been conditional.

Art. IV. No other or higher duties shall be imposed on the importation or exportation of any article of the growth, produce or manufacture of the two contracting States than are or shall be payable on the like article being the growth, produce, or manufacture of any other foreign country. No prohibition shall be imposed upon the importation or exportation of any article of the growth, produce, or manufacture of the territories of either of the two contracting parties into the territories of the other, which shall not equally extend to the im

portation or exportation of similar articles to the territories of any other nation.

Art. V. No other or higher duties or charges on account of tonnage, light or harbor dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be imposed in any of the ports of the territories of the Republic of Paraguay on vessels of the United States of America than those payable in the same ports by Paraguayan vessels, nor in the ports of the territories of the United States of America on Paraguayan vessels than shall be payable in the same ports by vessels of the United States of America.

Art. VI. The same duties shall be paid upon the importation and exportation of any article which is or may be legally importable or exportable into the dominions of the United States of America and into those of Paraguay, whether such importation or exportation be made in vessels of the United States of America or in Paraguayan vessels.

Art. VII. All vessels which, according to the laws of the United States of America, are to be deemed vessels of the United States of America, and all vessels which, according to the laws of Paraguay, are to be deemed Paraguayan vessels, shall, for the purposes of this treaty, be deemed vessels of the United States of America and Paraguayan vessels, respectively.

Art. VIII. Citizens of the United States of America shall pay, in territories of the Republic of Paraguay, the same import and export duties which are established or may be established hereafter for Paraguayan citizens. In the same manner the latter shall pay, in the United States of America, the duties which are established or may hereafter be established for citizens of the United States of America.

Art. IX. All merchants, commanders of ships, and others, the citizens of each country, respectively shall have full liberty, in all the territories of the other, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as agent, broker, factor, or interpreter; and they shall not be obliged to employ any other persons than those employed by natives, nor to pay to such persons as they shall think fit to employ any higher salary or remuneration than such as is paid in like cases by natives,

The citizens of the United States of America, shall in the territories of Paraguay, and the citizens of Paraguay in the United States of America, shall enjoy the same full liberty which is now or may hereafter be enjoyed by natives of each country, respectively, to buy from and sell to whom they like all articles of lawful commerce, and to fix the prices thereof as they shall see good, without being affected by any monopoly, contract. or exclusive privilege of sale or purchase, subject, however, to the general ordinary contributions or imposts established by law.

The citizens of either of the two contracting parties in the territories of the other shall enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice for the prosecution and defence of their just rights; they shall enjoy, in this respect, the same rights and privileges as native citizens; and they shall be at liberty to employ, in all cases, the advocates, attorneys, or agents, of whatever description, whom they may think proper.

Art. X. In whatever relates to the police of the ports, the lading or unlading of ships, the warehousing and safety of merchandise, goods, and effects, the suc cession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, exchange, or testament, or in any other manner whatsoever, as also with regard to the administration of justice, the citizens of each contracting party shall enjoy, in the territories of the other, the same privileges, liberties, and rights as native citizens, and shall not be charged, in any of these respects, with any other or higher imposts or duties than those which are or may be paid by native citizens, subject always to the local laws and regulations of such terri

tories.

In the event of any citizen of either of the two contracting parties dying without will or testament in the te: ritory of the other contracting party, the consul - general, consul, or vice-consul, of the nation to which the deceased may belong, or in his absence, the representative of such consul-general, consul, or vice-consul shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of bis lawful heirs and