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| See Also : Treaty of 1832 | |||
Whereas the time stipulated in the treaty of amity, commerce, and navigation, between the United States of America and the Republic of Chili, signed at the city of Santiago on the sixteenth day of May, 1832, for the exchange of ratifications in the city of Washington has elapsed, and it being the wish of both the contracting parties that the aforesaid treaty should be carried into effect with all the necessary solemnities, and that the necessary explanations should be mutually made to remove all subject of doubt in the sense of some of its articles, the undersigned Plenipotentiaries, namely, John Hamm, a citizen of the United States of America and their Chargé d'Affaires, on the part and in the name of the United States of America, and Señor Don Andres Bello, a citizen of Chili, on the part and in the name of the Republic of Chili, having compared and exchanged their full powers, as expressed in the treaty itself, have agreed upon the following additional and explanatory articles:
It being stipulated by the second article of the aforesaid treaty that the relations and conventions which now exist, or may hereafter exist, between the Republic of Chili and the, Republic of Bolivia, the Federation of the Centre of America, the Republic of Columbia, the United States of Mexico, the Republic of Peru or the United Provinces of the Rio de la Plata, are not included in the prohibition of granting particular favors to other nations which may not be made common to the one or the other of the contracting powers; and these exceptions being founded upon the intimate connection and identity of feelings and interests of the new American States, which were members of the same political body under the Spanish dominion, it is mutually understood that these exceptions will have all the latitude which is involved in their principle; and that they will accordingly comprehend all the new nations within the ancient territory of Spanish America, whatever alterations may take place in their constitutions, names or boundaries, so as to include the present States of Uruguay and Paraguay, which were formerly parts of the ancient Vice-Royalty of Buenos Ayres, those of New Granada, Venezuela and Equador in the Republic of Colombia, and any other States which may in future be dismembered from those now existing.
It being agreed by the tenth article of the aforesaid treaty that the citizens of the United States of America, personally or by their agents, shall have the right of being present at the decisions and sentences of the tribunals, in all cases which may concern them, and at the examination of witnesses and declarations that may be taken in their trials, and as the strict enforcement of this article may be in opposition to the established forms of the present due administration of justice, it is mutually understood that the Republic of Chili is only bound by the aforesaid stipulation to maintain the most perfect equality in this respect between American and Chilian citizens, the former to enjoy all the rights and benefits of the present or future provisions which the laws grant to the latter in their judicial tribunals, but no special favors or privileges.
It being agreed by the twenty-ninth article of the aforesaid treaty that deserters from the public and private vessels of either party are to be restored thereto by the respective Consuls; and whereas it is declared by the article 132 of the present, constitution of Chili that " there are no slaves in Chili," and that " slaves touching the territory of the Republic are free," it is likewise mutually understood that the aforesaid stipulation shall not comprehend slaves serving under any denomination on board the public or private ships of the United States of America.
It is further agreed, that the ratifications of the aforesaid treaty of peace, amity, commerce and navigation, and of the present additional and explanatory convention, shall be exchanged in the city of Washington within the term of eight months, to be counted from the date of the present convention.
This additional and explanatory convention, upon its being duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the, Republic of Chili, with the consent and approbation of the Congress of the same, and the respective ratifications mutually exchanged, shall be added to, and make a part of, the treaty of peace, amity, commerce and navigation between the United States of America and the Republic of Chili, signed on the said sixteenth day of May, 1832, having the same force and effect as if it had been inserted word for word in the aforesaid treaty.
In faith whereof we, the undersigned Plenipotentiaries of the United States of America and the Republic of Chili, have signed, by virtue of our powers, the aforesaid additional and explanatory convention, and have caused to be affixed our hands and seals, respectively.
Done in the city of Santiago this first day of September, 1833, and in the fifty-eighth year of the Independence of the United States of America, and the twenty-fourth of the Republic of Chili.
(1) This treaty was terminated January 20, 1850, or notice given by the Chilean Government. Back
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Source: Treaties, Conventions, International Acts and Agreements Between the United States of America and Other Powers 1776-1909. Compiled by William M. Malloy Under Resolution of the Senate of January 18, 1909 Washington : Government Printing Office, 1910. |