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GENERAL CONVENTION OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF DENMARK. CONCLUDED APRDL 26,1826. RATIFICATIONS EXCHANGED AUGUST 10,1826. PROCLAIMED OCTOBER 14,1826.
The United States ofAmerica and His Majesty the King of Denmark, being desirous to make firm and permanent the peace and r""'' * friendship which happily prevail between the two nations,
and to extend the commercial relations which subsist between their respective territories and people, have agreed to fix, in a manner clear and positive, the rules which shall in future be observed between the one and the other party, by means of a general convention of friendship, commerce, and navigation. With that object, the President of the United States of America has conferred full powers on Henry Clay, their Secretary of State, and His Majesty the King of Denmark has conferred like powers on Peter Pedersen, his Privy Counsellor of Legation and Minister Resident near the said States, Knight of the Dannebrog; who, after having exchanged their said full powers, found to be in due and proper form, have agreed to the following articles:
The contracting parties, desiring to live in peace and harmony with commerc„d„v. all the other nations of the earth, by means of a policy ituioo. frank and equally friendly with all, engage, mutually, not
to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession were freely made, or on allowing the same compensation, if the concession were conditional.
The contracting parties being likewise desirous of placing the coinNavi««,on, e,n,i. merce and navigation of their respective countries on the iu, .-J rot pVocitj. liberal basis of perfect equality and reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and countries of the other, (with the exception hereafter provided for in the sixth article,) and reside and trade there in all kinds of produce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens or subjects do or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws.
They likewise agree that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to Produ„.nd „,„. time, lawfully imported into the United States, in vessels uf«ture» belonging wholly to the citizens thereof, may be also imported in vessels wholly belonging to the subjects of Denmark; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And, in like manner, that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to time, lawfully imported into the dominions of the King of Denmark, in the vessels thereof, (with the exception hereafter mentioned in the sixth article,) may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree, that whatever may be lawfully exported or re-exported, from the one country iu its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of Denmark. Nor shall higher or other charges of any kind be imposed in the ports of one party, on vessels of the other, than are or shall be payable in the same ports by native vessels.
No higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of the dominions of His Majesty the King of Den- 1 mark; and no higher or other duties shall be imposed on the importation into the said dominions of any article, the produce or manufacture of the United States, than are or shall be payable on the like articles, being the produce or manufacture of any other foreign country. Nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States, or to the dominions of His Majesty the King of Denmark, respectively, 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 on the exportation or importation of any articles, the produce or manufacture of the United States, or of the dominions of his Majesty the King of Denmark, to or from the territories of the United States, or to or from the said dominions, which shall not equally extend to all other nations.
Neither the vessels of the United States nor their cargoes shall, when they pass the Sound or the Belts, pay higher or other duties than those which are or may be paid by the most favoured nation.
The present convention shall not apply to the northern possessions of His Majesty the King of Denmark—that is to say, Iceland, the Ferro6 Islands, and Greenland—nor to places situated be
yond the Cape of Good Hope; the right to regulate the direct intercourse with which possessions and places is reserved by the parties, respectively. And it is further agreed that this convention is not to extend to the direct trade between Denmark and the West India colonies of His Danish Majesty, but in the intercourse with those colonies it is agreed that whatever can be lawfully imported into or exported from the said colonies in vessels of one party from or to the ports of the United States, or from or to the ports of any other foreign country, may in like manner, and with the same duties and charges applicable to vessel and cargo, be imported into or exported from the said colonies in vessels of the other party.
The United States and His Danish Majesty mutually agree that no higher or other duties, charges, cr taxes of any kind shall be levied in the territories or dominions of either party, upon any personal property, money, or effects of their respective citizens or subjects, on the removal of the same from their territories or dominions reciprocally, either upon the inheritance of such property, money, or effects, or otherwise, than are or shall be payable in each State upon the same, when removed by a citizen or subject of such State, respectively.
To make more effectual the protection which the United States and coa.,,1. ,„<ivirr. His Danish Majesty shall afford in future to the navigation cook. an(j couunerce of their respective citizens and subjects, they
agree mutually to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, privileges, and immunities of the Consuls and Vice-Consuls of the most favoured nation, each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient.
In order that the Consuls and Vice-Consuls of the contracting parties Him.. ,m.iw„, may enjoy the rights, privileges, and immunities which be*t. <,itu.»u«. jong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and having obtained their exequatur, which shall be granted gratis, they shall be held and consideied as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside.
It is likewise agreed that the Consuls and persons attached to their roc^u r.n- necessary service, they not being natives of the couutry in *°k which the Consul resides, shall be exempt from all public
service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay, on account of commerce, or their property, to which inhabitants, native and foreign, of the country in which such Consuls reside, are subject, being in everything besides subject to the laws of the respective States. The archives and papers of the cousulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.
The present convention shall be in force for ten years from the date hereof, and farther until the end of one year after either of en.TM.TM u> b, the contracting parties shall have given notice to the other "■''»<* f<"'°°j«TM of its intention to terminate the same, each of the contracting parties reserving to itself the right of giving such notico to the other at the end of the said term of ten years; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by cither, from the other party, this convention, and all the provisions thereof, shall altogether cease and determine.
This convention shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark,
approved of hj lh-i
and the ratifications shall be exchanged in the city of Co- r""d"°l'*cpenhagen within eight months from the date of the signature hereof, or sooner if possible.
In faith whereof, we, the Plenipotentiaries of the United States of America, and of His Danish Majesty, have signed and sealed these presents.
Done in triplicate, at the city of Washington, on the twenty-sixth day of April, in the year of our Lord one thousand eight hundred and twenty-six, in the fiftieth year of the Independence of the United States of America.
Mr. Clay to Mr. Pedene r. Adj^m.
Defartmkkt Op Static,
Washington, April S£>, 1323. The nndersigned, Secretary of State of tho United Statos, by direction of the President thereof, has tho honour to stats toMr. Pedersen, Minister Resident of His Majesty tho King of Denmark, Mint it won Id have been satis- Apciiss. Hx
factory to the Government of tho United States if Mr. Pedersen had been charged with instructions,in the negotiation which has just terminated, to treat of the indemnities to citizens of the Unite 1 States, in ooiisoqu^aeo of tho seizure, detention, aud condemnation of their property in the ports of His Danish M y Jsfcy. I5nt in be has no instructions to that otfjet, the undersigned is directed, at and before proceeding to tho signature of the treaty of friendship, commerce, and navigation on which they have agreed, explicitly to declare, that tho omission to provide for those indemnities is not hereafter to ho interpreted as a waiver or abandonment of them by the Government of tho United States, which, on tho contrary, is firmly resolved to persevere in the pursuit of them until thoy shall be finally arranged upon principles of equity and justice. Aud, to guard against any misconception of ilia fact of the silence of the treaty in tho ab >vh particular, or of tin views of tho American Government, tho undersigned requests that. Mr. Pedersen will irausmit this official declaration to the Government of Denmark. And.ho avails himself of this oooasion to tender to Mr. Pedersen assurances of his distinguished consideration.
The Chevalier Prdkrsbn,
Minister Resident from Denmark.
The Clutalier Peter Pedereen to Mr. Clay.
Washington, April 25, 1826. The undersigned, Minister Resident of His Majesty the King of Denmark, has the honour herewith, to acknowledge having received Mr. Clay's official note of Apni25. im. this day, declaratory of tho advanced claims against Denmark not
being waived on the part of the United States by the convention agreed upon and about to be signed, which note he, as requested, will transmit to his Government. And he avails himself of this occasion to renew to Mr. Clay assurances of his distinguished consideration.
To tho Hon. Henry Clay,
Secretary of State of tin: United States.
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KINO OF DENMARK. SIGNED AT COPENHAGEN THE 28TH OK MARCH, 1830; RATIFICATIONS EXCHANGED JUNE 5, 1830; PROCLAIMED JUNE 5, 1830.
The United States of America and His Majesty the Kins of Denmark, being equally desirous of terminating the discussions which have taken place between them in respect to the claims and pretensions formed by the citizensof the United States and the subjects of Denmark, having for their object the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, within the territory or under the authority of tho respective Governments, have named for this purpose, and furnished with their full powers, that is to say: The President of the United States of America, by and with the advice and consent of the Senate, Henry "Wheaton, Charge d'Affaires of the said United States at the Court of His Majesty the King of Denmark, etc., and His Majesty the King of Denmark, the Sieur Ernest Henry, Count de Schimmelmann, Knight of the Order of the Elephant, Grand Cross of the Order of Dannebrog, decorated with the silver cross of the same order, His Minister (intime) of State, Chief of his Department of Foreign Affairs, etc., and the Sieur Paul Christian de Stemann, Knight of the Order of the Elephant, Grand Cross of the Order of Dannebrog, decorated with the silver cross of the same order, his Minister (intime) of State and of Justice, president of his Danish Chancery, etc.; and the said Plenipotentiaries, after having exchanged their full powers, found in good and due form, have agreed upon and concluded tire following articles:
His Majesty the King of Denmark renounces the, indemnities which might be claimed from the Government of the United States nTMnSrkc'or"?"drm' of America for the subjects of Denmark, on account of the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, under the authority of the said Government; and His Majesty engages, moreover, to pay to the said ,^mtnl ,„ iD. Government the sum of six hundred and fifty thousand *in.n,r, u.s. Spanish milled dollars, on account of the citizens of the United States, who have preferred claims relating to the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, by the public and private armed ships, or by the tribunals of Denmark, or in the States subject to the Danish sceptre.