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AGREEMENT REGULATING LIQUOR TRAFFIC IN SIAM.
Concluded May 14, 1884; ratification advised by the Senate June 28,
1884; ratified by the President June 30, 1884; ratifications exchanged June 30, TM1884; proclaimed July 5, 1884. (U. S. Stats., vol. 23, p. 782.)
ARTICLES. I. Duties on liquors.
I V. Most favored nation privileges. II. Testing of spirits.
VI. Duration. III. Deleterious spirits.
VII. Ratification, etc. IV. Licenses to sell.
The Government of the United States of America and the Government of His Majesty the King of Siam, being desirous of making satisfactory arrangements for the regulation of the traffic in spirituous liquors in Siam, the Undersigned, duly authorized to that effect, have agreed as follows:
Spirits of all kinds not exceeding in alcoholic strength those permitted to be manufactured by the Siamese Government in Siam may be imported and sold by citizens of the United States on payment of the same duty as that levied by the Siamese excise laws upon spirits manufactured in Siam; and spirits exceeding in alcoholic strength spirits manufactured in Siam as aforesaid may be imported and sold upon payment of such duty, and of a proportionate additional duty for the excess of alcoholic strength above the Siamese Government standard.
Beer and wines may be imported and sold by citizens of the United States on payment of the same duty as that levied by the Siamese excise laws upon similar articles manufactured in Siam, but the duty on imported beer and wines shall in no case exceed 10 per cent. ad valorem.
The said duty on imported spirits, beer, and wines, shall be in substitution of, and not in addition to, the import duty of 3 per cent. leviable under the existing Treaties; and no further duty, tax, or imposition whatever shall be imposed on imported spirits, beer, and wines.
The scale of excise duty to be levied upon spirits, beer, and wines manufactured in Siam shall be communicated by the Siamese Government to the Minister Resident and Consul General of the United States at Bangkok, and no change in the excise duties shall affect citizens of the United States until after the expiration of six months from the date at which such notice shall have been communicated by the Siamese Government to the Representative of the United States at Bangkok.
The testing of spirits imported into the kingdom of Siam by citizens of the United States shall be carried out by an expert designated by the Siamese authorities, and by an expert designated by the Consol of the United States; in case of difference the parties shall designate a third person, who shall act as umpire, whose decision shall be final. ARTICLE III.
The Siamese Government may stop the importation by citizens of the United States into Siam of any spirits which, on examination, shall be proved to be deleterious to the public health; and they may give notice to the importers, consignees, or holders thereof to export the same within three months from the date of such notice, and if this is not done the Siamese Government may seize the said spirits and may destroy them, provided always that in all such cases the Siamese Government shall be bound to refund any duty which may have been already paid thereon.
The testing of spirits imported by citizens of the United States, and which may be alleged to be deleterious, shall be carried out in the manner provided by Article II.
The Siamese Government engage to take all necessary measures to prohibit and prevent the sale of spirits manufactured in Siam which may be deleterious to the public health.
Any citizen of the United States who desires to retail spirituous liquors, beer, or wines in Siam, must take out a special license for that purpose from the Siamese Government, which shall be granted upon just and reasonable conditions to be agreed upon from time to time between the two Governments.
Citizens of the United States shall at all times enjoy the same rights and privileges in regard to the importation and sale of spirits, beer, wines, and spirituous liquors in Siam as the subjects of the most favored nation; and spirits, beer, wines, and spirituous liquors coming from the United States shall enjoy the same privileges in all respects as similar articles coming from any other country the most favored in this respect.
It is therefore clearly understood that citizens of the United States are not bound to conform to the provisions of the present agreement to any greater extent than the subjects of other nations are so bound.
Subject to the provisions of Article V, the present Agreement shall come into operation on a date to be fixed by mutual consent between the two Governments and shall remain in force until the expiration of six months' notice given by either party to determine the same.
The existing treaty engagements between the United States and Siam shall continue in full force until the present Agreement comes into operation and after that date, except in so far as they are modified hereby.
Should the present Agreement be terminated, the Treaty engagements between the United States and Siam shall revive, and remain as they existed previously to the signature hereof.
In this agreement the words “citizen of the United States ” shall include any naturalized citizen of the United States, and the words “ Consul General of the United States" shall include any consular officer of the United States in Siam.
The present agreement shall be ratified, and its ratification shall be exchanged as soon as possible.
In witness whereof, the Undersigned have signed the same in duplicate, and have affixed thereto their seals.
Done at Washington, the fourteenth day of May 1884, corresponding to the fifth day of the waning moon of the month of Visagamas of the year Wauk Sixth Decade 1246 of the Siamese Astronomical Era.
FREDK T. FRELINGHUYSEN SEAL.
SPAIN. Article XXIX of the treaty of friendship concluded July 3, 1902, page 740, provides:
"All treaties, agreements, conventions and contracts between the United States and Spain prior to the treaty of Paris shall be expressly abrogated and annulled, with the exception of the treaty signed the seventeenth of February, 1834, between the two countries, for the settlement of claims between the United States of America and the Government of His Catholic Majesty, which is continued in force by the present convention.”
TREATY OF FRIENDSHIP, BOUNDARIES, COMMERCE AND NAVIGATION.
Concluded October 27, 1795; ratification advised by the Senate March
1796; proclaimed August 2, 1796. (Treaties and Conventions, 1889, p. 1006.)
This treaty consisted of twenty-three articles. It contained an agreement as to the southern and western boundaries of the United States; the mutual free navigation of the Mississippi River from its source to the ocean; the usual articles relating to commerce and navigation; the authority to appoint consuls; the appointment of a claims commission to settle claims of United States citizens against Spain, etc. The claims commission provided for met in Philadelphia, terminating their duties December 31, 1799, having made awards to the amount of $325,440.074 on account of Spanish spoliations.
CLAIMS CONVENTION. Concluded August 11, 1802; ratification advised by the Senate Janu
ary 9, 1804; ratified by the President January 9, 1804; ratifications exchanged December 21, 1818; proclaimed December 22, 1818. (Treaties and Conventions, 1889, p. 1015.)
This convention provided for the appointment of a board of five commissioners to adjust the claims for “indemnification of those who have sustained losses, damages, or injuries in consequence of the excesses of individuals of either nation during the late war contrary to the existing treaty or the laws of nations.” As the convention was not proclaimed until the 22d of December, 1818, and was annulled by Article X of the Treaty of 1819, it never went into effect.
a Federal cases: The Nereide, 9 Cranch, 388; The Pizarro, 2 Wheat., 227; The Nuestra Señora de la Caridad, 4 Wheat., 497; The Amiable Isabella, 6 Wheat., 1; The Bello Corrunes, 6 Wheat., 152; The Santissima Trinidad, 7 Wheat., 283; Henderson v. Poindexter's Lessee, 12 Wheat., 530; U. S. v. The Amistad, 15 Pet., 518; Pollard v. Hagan, 3 How., 212; Robinson v. Minor, 10 How., 627; Le Tigre, 3 Wash. C. C., 567; The Santissima Trinidad, 1 Brock., 478.
TREATY OF FRIENDSHIP, CESSION OF THE FLORIDAS, AND
Concluded February 22, 1819; ratification advised by the Senate Feb
ruary 24, 1819; ratification advised again by the Senate February 19, 1821; ratified by the President February 22, 1821; ratifications exchanged February 22, 1821; proclaimed February 22, 1821. (Treaties and Conventions, 1889, p. 1016.) By this treaty of sixteen articles Spain ceded East and West Florida to the United States; the western boundary was agreed to in Article 3, which is reprinted; mutual claims against both governments were renounced, the United States assuming the payment of the Spanish claims arising out of the operations of the American army in Florida; a commission was provided to adjust the claims against Spain for the satisfaction of which the United States agreed to pay an amount not exceeding $5,000,000, etc. The claims commission under the treaty, which was authorized by the act of March 3, 1821 (U. S. Stats., vol. 3, p. 639), met in Washington, June 9, 1824. The awards amounted to $5,454,545.13, which, in accordance with the treaty provisions, was scaled down to $5,000,000.
The Boundary Line between the two Countries, West of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the River Sabine, in the Sea, continuing North, along the Western Bank of that River, to the 32 degree of Latitude; thence, by a Line due North, to the degree of Latitude, where it strikes the Rio Roxo of Natchitoches, or Red-River, then following the course to the Rio-Roxo Westward, to the degree of Longitude, 100 West from London and 23 from Washington, then, crossing the Said Red-River, and running thence by a Line due North to the River Arkansas, thence, following the Course of the Southern bank of the Arkansas to its source in Latitude, 42. North, and thence by that parallel of Latitude to the South-Sea. The whole being as laid down in Melish's Map of the United-States, published at Philadelphia, improved to the first of January 1818. But if the
a Federal cases: Comegysv. Vasse, 1 Pet., 193, 4 Wash. C. C., 570; American Ins. Co. v. Canter, 1 Pet., 511; Foster v. Neilson, 2 Pet., 253; U. S. v. Arredondo, 6 Pet., 691; U. S. v. Percheman, 7 Pet., 51; U. S. v. Clarke, 8 Pet., 436, 9 Pet., 168, 16 Pet., 228; Mitchel v. U. S., 9 Pet., 711; U. S. v. Sibbald, 10 Pet., 313; Smith v. U.S., 10 Pet., 326; U. S. v. Mill's Heirs, 12 Pet.. 215; U. S. v. Kingsley, 12 Pet.. 476; Garcia v. Lee, 12 Pet., 511; U. S. v. Wiggins, 14 Pet., 334; Pollard v. Kibbe, 14 Pet., 353; O'Hara v. U.S., 15 Pet.. 275; U.S. v. Delespine, 15 Pet.. 319; U.S. v. The Amistad, 15 Pet., 518; U.S. v. Breward, 16 Pet., 143; U.S. v, Miranda, 16
Files, 2 How., 591; Pollard v. Hagan, 3 How.. 212; Clark v. Braden, 16 How., 635, Meade v. U.S., 9 Wall., 691, 2 Ct. Cl., 224; U.S. v. Lynde's Heirs, 11 Wall., 632; U.S. v. Texas, 162 U. S., 1; Gray v. U.S., 21 Ct. Cl., 340.