§ The following Treaty was laid on the table by the Chancellor of the Exchequer:—
§ TREATY of AMITY, COMMERCE, and NAVIGATION, between his Majesty and the State of Colombia, together with an additional article thereunto annexed, Signed at Bogota, April 18,1825.
§ In the name of the Most Holy Trinity—Extensive commercial intercourse having been established for a series of years between the dominions of his Britannic majesty, and the several provinces or countries of America, which (now united) constitute the State of Colombia, it seems good for the security as well as encouragement of such commercial intercourse-and, for the maintenance of good understanding between his said Britannic majesty and the said state, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce, and navigation. For this purpose they have named their respective plenipotentiaries, that is to say,—His Majesty the King of the United Kingdom of Great Britain and Ireland, John Potter Hamilton, esq.; and Patrick Campbell, esq.;—and the Vice-president, charged with the executive power of the State of Colombia, Pedro Gual, secretary of state in the department for foreign affairs, and general Pedro Briceno Mendez;—r who, after having communicated to each other 112 their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles:—
§ Art. 1.—There shall be perpetual, firm, and sincere amity between the dominions and subjects of his majesty the king of the United Kingdom of Great Britain and Ireland, his heirs, and successors, and the State and people of Colombia.
§ Art. 2.—There shall be, between all the territories of his Britannic majesty in Europe, and the territories of Colombia, a reciprocal freedom of commerce. The subjects and citizens of the two countries, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all such places ports, and rivers, in the territories aforesaid, to which other foreigners are or may be permitted to come, to enter into the same, and to remain and reside in any part of the said territories, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce; subject always to the laws and statutes of the two countries, respectively.
§ Art. 3.—His majesty the king of the United Kingdom of Great Britain and Ireland engages further that the citizens of Colombia shall have the like liberty of commerce and navigation stipulated for in the preceding article, in all his dominions situated out of Europe, to the full extent in which the same is permitted at present, or shall be permitted hereafter, to any other nation.
§ Art. 4.—No higher or other duties shall be imposed on the importation into the territories of his Britannic majesty, of any articles of the growth, produce, or manufacture of Colombia, —and no higher or other duties shall be imposed on the importation into the territories of Colombia, of any articles of the growth, produce, or manufacture of his Britannic majesty's dominions, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories or dominions of either of the contracting parties, on the exportation of any articles to the territories or dominions of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of any articles the growth, produce, or manufacture of his Britannic majesty's dominions, or of the said territories of Colombia, to or from the said dominions of his Britannic majesty, or to or from the said territories of Colombia, which shall not equally extend to all other nations.
§ Art. 5.—No higher or other duties or charges on account of tonnage, light, or harbour dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be im- 113 posed, in any of the ports of Colombia, on British vessels, than those payable in the same ports by Colombian vessels; nor in the ports of his Britannic majesty's territories, on Colombian vessels, than shall be payable in the same ports on British vessels.
§ Art. 6.—The same duties shall be paid on the importation into the territories of Colombia of any article the growth, produce, or manufacture of his Britannic majesty's dominions, whether such importation shall be in Colombian or in British vessels; and the same duties shall be paid on the importation into the dominions of his Britannic majesty of any article of the growth, produce, or manufacture of Colombia, whether such importation shall be in British or Colombian vessels. The same duties shall be paid, and the same drawbacks and bounties allowed, on the exportation to Colombia of any articles of the growth, produce, or manufacture of his Britannic majesty's dominions, whether such exportation shall be in Colombian or in British vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any articles the growth, produce, or manufacture of Colombia to his Britannic majesty's dominions, whether such exportation shall be in British or Colombian vessels.
§ Art. 7.—In order to avoid any misunderstanding with respect to the regulations which may respectively constitute a British or a Colombian vessel, it is hereby agreed, that all vessels built in the dominions of his Britannic majesty, and owned by British subjects, or by any of them, and whereof the master and three-fourths of the mariners, at least, are British subjects, excepting where the laws provide for any extreme cases, shall be considered as British vessels; and that all vessels built in the territories of Colombia, and owned by the citizens thereof, or any of them, and whereof the master and three fourths of the mariners, at least, are Colombian citizens, excepting where the laws provide for any extreme cases, shall be considered as Colombian vessels.
§ Art. 8.—All merchants, commanders of ships, and others, the subjects of his Britannic majesty, or citizens of the state of Colombia, shall have full liberty, in all the territories of both powers, respectively, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent, or interpreter; nor shall they be obliged to employ any other persons for those purposes, nor to pay them any salary or remuneration unless they shall choose to employ them; and absolute freedom shall be allowed, in all cases, to the buyer and seller, to bargain and fix the price of any goods, wares, or merchandise imported into, or exported from, the territories of either of the contracting parties, as they shall see good.
§ Art. 9.—In whatever relates to the lading, and unlading of ships, the safety of merchandize, goods, and effects, the succession to personal estates, and the disposal of personal 114 property of every sort and denomination, by sale, donation, exchange, or testament, or in any other manner whatsoever, as also the administration of justice, the subjects and citizens of the two contracting parties shall enjoy, in their respective dominions and territories, the same privileges, liberties, and rights, as the most favoured nation, and shall not be charged, in any of these respects, with any higher imposts or duties than those which are paid, or may be paid, by the native subjects or citizens of the power in whose dominions or territories they may be resident.
§ They shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans, or military exactions and requisitions; neither shall they be compelled to pay any ordinary taxes, under any pretext whatsoever, greater than those that are paid by the subjects or citizens of one or other power.
§ Art. 10.—It shall be free for each of the two contracting parties to appoint consuls for the protection of trade, to reside in the dominions and territories of the other party; but before any consul shall act as such, he shall, in the usual form, be approved and admitted by the government to which he is sent; and either of the contracting parties may except from the residence of consuls, such particular places as either of them may judge fit to be so excepted.
§ Art. 11.—For the better security of commerce between the subjects of his Britannic majesty and the citizens of Colombia, 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 subjects or citizens of either of the two contracting parties, residing in the dominions of the other, shall have the privilege of remaining and continuing their trade 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 intrusted 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 subjects or citizens may reside.
§ Art. 12.—The subjects of his Britannic majesty residing in the territories of the state of Colombia shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented, or disturbed on account of their religious belief. Neither shall they be annoyed, molested, or disturbed in the proper exercise of their religion, provided that this take place in private houses, and with the decorum due to divine worship, with due respect to the laws, usages, and customs of the country. Liberty shall also be granted to bury the subjects of his Britannic majesty, who may die in the said territories of Colombia, in convenient and adequate places, to be appointed and es- 115 tablished by themselves for that purpose, with the knowleege of the local authorities. Nor shall the funerals or sepulchres of the dead be disturbed in any wise, nor upon any account. In the like manner the citizens of Colombia shall enjoy within all the dominions of his Britannic majesty, a perfect and unrestrained liberty of conscience, and of exercising their religion publicly or privately, within their own dwelling houses, or in the chapels and places of worship appointed for that purpose, agreeably to the system of toleration established in the dominions of his said majesty.
§ Art. 13,—The government of Colombia engages to co-operate with his Britannic majesty for the total abolition of the slave trade, and to prohibit all persons inhabiting within the territories of Colombia, in the most effectual manner, from taking any share in such trade.
§ Art. 14.—And forasmuch as it would be convenient and useful, for the purpose of facilitating the mutual good understanding between the two contracting parties, and for avoiding all difficulties henceforward, that other articles should be proposed and added to the present treaty, which articles, both from a want of due time for their consideration, as well as from the pressure of circumstances, cannot at present be drawn up with the required perfection, it has been and is agreed, on the part of both powers, that they will, with the least possible delay, come forward to treat and agree upon such articles as may be wanting to this treaty, and deemed mutually beneficial; and which articles, when they shall be agreed upon, and shall be duly ratified, shall form part of the present treaty of amity, commerce, and navigation.
§ Art. 15.—The present treaty shall be ratified by his majesty the king of the united kingdom of Great Britain and Ireland, and by the president or vice-president charged with the executive power of the state of Colombia, with the consent and approbation of the Congress of the said state; and the ratifications shall be exchanged at London within the space of six months, or sooner if possible.
§ In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in the city of Bogota, the 18th day of April, in the year of our Lord 1825.
§ (L. S.) JOHN POTTER HAMILTON.
§ (L. S.) PATRICK CAMPBELL.
§ (L. S.) PEDRO GAUL.
§ (L. S.) PEDRO BRICENO MENDEZ.
§ Additional Article.—Whereas, in the present state of Colombian shipping, it would not be possible for Colombia to take advantage of the reciprocity established by the articles, 5, 6, and 7, of the treaty signed this day, if that part should be carried into immediate effect which stipulates that in order to be considered as a Colombian ship, a ship shall actually have been built in Colombia, it is agreed that, for the space of seven years, to be reckoned from 116 the date of the ratification of this treaty, any ships, where so ever built, being bona fide the property of any of the citizens of Colombia, and whereof the master and three fourths of the mariners, at least, are also Colombian citizens, excepting where the laws provide for any extreme cases, shall be considered as Colombian ships:—His majesty, the king of the United Kingdom of Great Britain and Ireland, reserving to himself the right at the end of the said term of seven years, to claim the principle of reciprocal restriction, stipulated for in Article 7, above referred to, if the interests of British navigation shall be found to be prejudiced by the present exception to that reciprocity, in favour of Colombian shipping.
§ The present additional article shall have the same force and validity as if it were inserted, word for word in the treaty signed this day. It shall be ratified, and the ratifications shall be exchanged at the same time.
§ In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in the city of Bogota, the 18th day of April, in the year of our Lord 1825.
§ (L. S.) JOHN POTTER HAMILTON.
§ (L. S.) PATRICK CAMPBELL.
§ (L. S.) PEDRO GUAL.
§ (L. S.) PEDRO BRICENO MENDEZ.
§ Declaration by His Majesty's principal Secretary of State for Foreign Affairs, on the Exchange of Ratifications.
§ The undersigned, His Majesty's principal Secretary of State for Foreign Affairs, at the moment of exchanging with Senor Manuel Jose Hurtado, Plenipotentiary of the State of Colombia, the ratifications of the treaty of amity, commerce, and navigation, signed at Bogota, on the 18th of April, 1825, by John Potter Hamilton, esq., and Patrick Campbell, esq., on the part of his majesty, and Senor Pedro Gual, and general Pedro Briceno Mendez, on the part of the State of Colombia, has been commanded by his majesty, in order to avoid any misunderstanding which might possibly arise in the execution of that part of the seventh article of the said treaty, wherein it is defined what ships shall be considered as entitled to the privileges of British and Colombian ships to declare to Senor Hurtado, that, in addition to the qualifications therein expressed, such other ships will likewise be entitled to be considered as British ships, which shall have been captured from an enemy by his majesty's ships of war, or by subjects of his majesty furnished with letters of marque by the lords commissioners of the Admiralty, and regularly condemned in one of his majesty's Prize Courts as a lawful prize, or which shall have been condemned in any competent court, for the breach of the laws made for the prevention of the slave trade; and that, in the same manner, ships captured from the enemy by the ships of Colombia, and condemned under similar circumstances, will likewise 117 be entitled to be considered as Colombian ships. GEORGE CANNING.
§ London, Nov. 7, 1825.
§ Senor Manuel Jose Hurtado, &c. &c. &c.
§ Act of Acceptance of the above Declaration, by the Colombian Plenipotentiary.
§ The undersigned, Plenipotentiary of the State of Colombia, having received from his Britannic majesty's principal Secretary of State for Foreign Affairs, a declaration, stating, "That in order to avoid any misunderstanding which might possibly arise in the execution of that part of the seventh a: tide of the treaty between his Britannic majesty and the State of Colombia, signed at Bogota, on the 18th of April, 1825, wherein it is defined what ships shall be considered as entitled to the privileges of British and Colombian ships, in addition to the qualifications therein expressed, such other ships will likewise be entitled to be considered as British ships, which shall have been captured from an enemy by his Britannic majesty's ships of war, or by subjects of his said majesty furnished with letters of marque by the lords commissioners of the Admiralty, and regularly condemned in one of his said majesty's Prize Courts as a lawful prize, or which shall have been condemned in any competent court, for the breach of the laws made for the prevention of the slave trade: and that, in the same manner, ships captured from the enemy by the ships of Colombia, and condemned under similar circumstances, will likewise be entitled to be considered as Colombian ships."
§ The undersigned, in virtue of the full powers with which he is invested, hereby accepts and adopts the said declaration, in the name and on the behalf of his government.
§ MANUEL JOSE HURTADO.
§ London, Nov. 7, 1825.
§ The Right Hon. George Canning, &c. &c. &c.