exempted from serving in the army, the navy, and the national guard or militia, as well as from paying forced loans or any other extraordinary personal taxes whatsoever.

XIX. If from some unexpected fatality, it should happen that a war broke out between the 2 Republics, it is henceforth determined that the citizens of the one residing in the territory of the other, or passing through it, shall not be compelled to quit the country unless for the same causes and by the same legal processes (trámites) as are established, or shall be established, by the laws for the citizens of the Republic in which they reside or through which they are passing; nor shall they suffer any impediment or molestation in the lawful exercise of their profession, employment, or occupation. It is, moreover, agreed, that even in the case of war, hostilities shall not be carried on except by the commanders and officers duly authorized to that effect by the respective Governments, and by the troops under their orders, except when it is required to repel a sudden attack or invasion or defend the property of individuals; that towns shall not be delivered up to pillage, or prisoners and peaceful citizens be put to the sword, and that the mercantile relations, whether by sea or land, between the towns and inhabitants of both Republics shall suffer no interruption, the said inhabitants being allowed to trade freely in every kind of merchandise and goods as are permitted to be imported, and are not contraband of war, using their own vessels, carriages, or horses, mules, &c. without their being subject to be taken, sequestrated, or confiscated by way of hostility. The actual theatre of military operations, and the fortified places which are besieged or blockaded by a force sufficient to prevent entrance therein, are alone excluded from this freedom of traffic and commerce.

XX. Both the Contracting Parties, with the view of avoiding the embarrassments which the circumstance of finding themselves engaged in hostilities with one or more nations might occasion to their commerce, have agreed, and hereby stipulate that they recognize and admit the principle that the flag covers the cargo and crew, with the exception of soldiers belonging to the hostile country or countries. It will consequently be lawful in the case above mentioned for the citizens of both Republics to trade not only with the enemies of the Republic with which it may find itself at war, but also with those who may be in a state either of hostility or neutrality with respect to other nations. without their vessels incurring any obstacles or impediments whatsoever, be the owners of the merchandise with which they are laden who they may, the only objects liable to confiscation being such as are contraband of war, and are found on board of a vessel bound for an enemy's port; and the agreements and stipulations of this Article are to be understood as solely applicable to the properties and citizens of the nations whose Government recognize and admit the principle therein established. This freedom of com

merce does not extend to fortified places belonging to the enemy, besieged or blockaded by forces sufficient to prevent an entrance into them, from being effected.

XXI. It is also stipulated, that if either of the Contracting Parties should be at war with a third Power, and the other should remain neutral, the properties belonging to the latter, and to the citizens. thereof, which shall be found on board of enemies' ships shall be liable to confiscation, unless it be proved that such properties had been embarked previously to the declaration of war, or within the period of 2 months after having received notice thereof.

From this general rule is excepted the case in which the Power at war with one of the Contracting Parties does not recognize the principle that the flag covers the cargo; in such case, the properties of the other Contracting Party and of its citizens, when found on board of enemies' ships, shall be free.

XXII. In order that the preceding Articles XIX and XX may be perfectly understood, it has been considered necessary to specify here the objects which are deemed to be contraband of war, and they

are the following:

1. Pieces of artillery of all classes and calibres, their mountings, limbers, linstocks, and projectiles; gunpowder, matches, gunflints, guns, carbines, muskets, rifles, blunderbusses, pistols, and their respective ammunition; bayonets, pikes, lances, swords, sabres, boardingpikes, and halberds.

2. Shields, casques, cuirasses, coats of mail, steel helmets, belts, bandoleers, cartridge-boxes, and dresses, made in the military form and fashion.

3. And generally every description of offensive or defensive weapons, or instruments of whatever material or form, expressly made for carrying on war by sea and land.

4. Horses and harness.

5. The provisions which are being carried to a fortified place, besieged or blockaded by forces sufficient to prevent an entrance therein.

XXIII. The 2 Contracting Parties mutually engage to preserve in vigour the laws and regulations at present in force in both Republics, with reference to the abolition of the Slave Trade, and to propose such measures as appear necessary for preventing the citizens or inhabitants of either of them from engaging in or participating in such traffic.

XXIV. Each of the Contracting Parties is at liberty to establish Consuls or Vice-Consuls in the ports and commercial towns of the territory of the other, in order to favour the progress of commerce, and afford the most efficacious protection to the interests and rights of their fellow citizens; which Consuls or Vice-Consuls, when admitted in the regular form, shall enjoy in the country where they

reside the same privileges and immunities which have been granted, or shall be hereafter granted to the most favoured nation.

XXV. If one of the Contracting Parties should in future grant to any other nation some especial favour connected with commerce and navigation, such favour shall be immediately extended to the other party; and this shall be done gratuitously, if the grant itself be gratuitous, or with a like equivalent, should it be conditional.

XXVI. The Republic of New Granada and the Republic of Venezuela, with the view of avoiding any interpretation contrary to their intentions, declare that whatsoever advantages one or other of them may derive from the preceding stipulations, are and must be considered as the natural effect of the political connections which they previously contracted when united in one sole national body, and as a compensation of the alliance they have entered into for the support of their independence.

XXVII. The same Contracting Parties, wishing to preserve, as far as human foresight will permit, in all their strength and permanency, the amicable relations now existing between them, have agreed and do agree, that if any one of the citizens of either of the 2 Republics should infringe one or more of the stipulations of the present Treaty, the infractor shall be personally responsible, without the good harmony and friendly intercourse between the Governments and the peoples being, upon that account, disturbed or interrupted; cach one of the Contracting Parties engaging not only not to protect in any manner such infractor, for the purpose of saving him from the sentence that may be pronounced against him by the tribunals of the country where he is tried, but also, not to give their sanction to similar infractions.

XXVIII. The Contracting Parties likewise agree that if it should unfortunately happen (a circumstance by no means to be expected) that one or more of the Articles of this Treaty should be infringed or violated by one of the 2 Governments, the other Articles which embrace distinctly different objects, and are in no degree connected with or related to, those which have been so infringed, shall be considered as always valid and subsisting, and shall be faithfully and religiously observed by both Republics.

XXIX. The duration of the present Treaty shall be that of 6 years, reckoning from the day of the exchange of the Ratifications, as far as regards Articles XII, XIII, and XIV; of 12 years, reckoning from the same date, in respect to the other Articles upon commerce and navigation; and in all the remaining ones which regulate the political relations between the 2 Republics, the Treaty shall be perpetually obligatory for both. As concerns the Articles whose definite term of duration is specified, it is, notwithstanding, stipulated: that if neither of the Contracting Parties shall, one year before the expiration of the respective term assigned for their validity, notify to the other their

intention of altering them, either wholly or in part, they shall continue in force and vigour until 1 year after either of the 2 parties shall have notified their wish that they should be amended.

XXX. The present Treaty of Friendship, Commerce, and Navigation shall be ratified by the President, or the person charged with the Executive Power of the Republic of New Granada, the consent and approbation of the Congress of the same having been previously obtained; and by the President, or the person charged with the Executive Power of the Republic of Venezuela, the consent and approbation of the Congress of the same having been previously obtained, and the Ratifications shall be exchanged in Bogotà, within a period of 15 months, or before, if possible.

In faith of which we the Plenipotentiaries of one and the other Republic have signed the same, and sealed it with our respective private seals in Caracas, on the 23rd July, 1842, being the 32nd year of independence.

(L.S.) LINO DE POMBO.

(L.S.) JUAN J. ROMERO.

DECREE of the Venezuelan Congress, approving the Treaty of Friendship, Commerce, and Navigation, with New Granada, of July 23, 1842.-Caracas, May 1, 1843.

(Translation.)

THE Senate and Chamber of Representatives of the Republic of Venezuela, in Congress assembled;

Having seen the Treaty of Friendship, Commerce, and Navigation, signed in this city of Curaçao, on the 23rd July, 1842, between the Plenipotentiaries of Venezuela and New Granada, duly authorized by their respective Governments, which Treaty is literally as follows:

[Here follows the Treaty of July 23, 1842, see page 818.]

DECREE,

SOLE ARTICLE. The Congress gives its consent and approbation to the above inserted Treaty.

Done at Caracas, 29th April, 1843; 14th year of the Law and 33rd of Independence.

JOSE VARGAS, President of the Senate.

MANUEL FELIPE DE TOVAR, President of the
Chamber of Representatives.

JOSE ANGEL FREIRE, Secretary of the Senate.

JUAN ANTONIO PEREZ, Secretary of the Chamber of Representatives.

Caracas, May 1, 1843, 14th year of the Law, and 33rd of Inde

pendence. Let it be executed.

CHARLES SOUBLETTE.

FRANCISCO ARANDA, Secretary for Foreign Affairs.

CIRCULAR of the Secretary of the Treasury of The United States to Collectors of Customs and Naval Officers, respecting Duties on Imports.-August 5, 1844.

Department of the Treasury, August 5, 1844. By communications to this Department, it appears that the import duties, as charged and collected on articles of like kind at the several Custom-Houses, are not uniform throughout The United States; whereby like articles of commerce imported into some of the States, whereon the duties are paid at the lower rates there charged by the officers of the Customs, can be, and are transported to other States, and sold for less than like articles can be afforded, when imported and entered at the ports of other States, where a higher rate of duty is charged.

The Constitution of The United States ordains, that "all duties, imposts, and excises, shall be uniform throughout The United States."

"No preference shall be given by any regulation of commerce or revenue, to the ports of one State over those of another."

The Act of the Congress of The United States to provide revenue from imports, intends that the duties shall be uniform throughout The United States. But practically, and in fact, different duties on like articles are charged and collected at different Custom-Houses. By such want of uniformity, the Constitution is offended, the Act of the Congress is offended, the prudent schemes of merchants, and the due profits of commercial enterprises are disconcerted, the interests and conveniences of consumers are injuriously affected. Justice due to the officers of the Customs at the several ports of the States requires me to say, that in seeking to perform their duties faithfully, the want of perspicuity and exact definitions in the enactments of the law has given rise to their differences of construction.

The varieties of duties levied, in fact, at different ports by the respective officers of the Customs, so tending to incommode and baffle the important operations of commerce, and to give a preference to the ports of one State over those of another, are subjects demanding the exercise of the superintending authority of the Secretary of the Department of the Treasury.

The first subject of complaint to be noticed, has grown out of the 2nd paragraph of the 7th section of the Act of the Congress of the 30th August, 1842 (see Acts, chap. 270, page 181), relating to the duties on chains of iron. The provisions upon which the differences of construction of the collectors are founded are these, marking 3 classes of articles, bearing the rates of duties, of 2 cents per pound upon the 1st class, of 30 per cent. ad valorem upon the 2nd class, and of 4 cents per pound on the 3rd class.