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[All the treaties with Hanover arc regarded as having terminated in consequence of it* conquest and incorporation into the Kingdom of Prussia iu 160(5.]
TREATY WITH THE KING OF HANOVER. CONCLUDED MAY 20, 184 0; RATIFICATIONS EXCHANGED NOVEMBER 14, 1840; PROCLAIMED JANUARY 2, 1841.
The United States of America and His Majesty the King of Hanover, equally animated by tbe desire of extending as far as possible the commercial relations between, and the exchange of the productions of their respective States, have agreed, with this view, to conclude a treaty of commerce and navigation.
For this purpose, the President of the United States of America has furnished with full powers Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of Prussia; and His Majesty the King of Hanover lias furnished with the like'full powers Le Sieur Auguste de Berger, his Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of Prussia, Lieutenant General, Knight Grand Cross of the Order of Guelph, the Red Eagle of Prussia, the Order of Merit of Oldenburg, &c;
Who, after exchanging their said full powers, found iu good and due form, have concluded and signed, subject to ratification, the following articles:
There shall be between the territories of the high con
Ueriprwiil lilHTly , , . . 11*1 * t
,r ,,„„„,.„, „n,i tracting parties a reciprocal liberty of commerce and navigation.
The inhabitants of their respective States shall mutually have liberty to enter, with or without their ships and cargoes, the ports, places, waters, and rivers of the territories of each party wherever foreign commerce is permitted.
They shall be permitted to sojourn and reside iu all parts whatsoever of said territories, iu order to attend to their.affairs, and also to hire and occupy houses and warehouses for the purposes of their commerce, provided they submit to the laws, as well general as special, relative to the right of residing and trading.
Whilst they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, in all the territories subject to the jurisdiction of each party, in respect to the consignment and sale of their goods, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships, or to employ such agents and brokers as they may deem proper, they being, in all these cases, to be treated as the citizens or subjects of the country in which they reside, it being nevertheless understood that they shall remain subject to tbe said laws and regulations also in respect to sales by wholesale or retail.
Tbey shall have free access to tbe tribunals of justice in their litigious affairs ou the same terms which are granted by the law and usage of the country to native citizens or subjects, for which purpose.they may employ in defence of their rights such, advocates, attorneys, anil other agents as they may judge proper.
No higher or other duties shall be imposed in any of tbe ports of tbe United States on Hanoverian vessels than those payable iu the same ports by vessels of tbe United States; nor in the ports of the Kingdom of Ilanover on the vessels of the United States than shall be payable in tbe same ports ou Hanoverian vessels.
The privileges secured by the present article to tbe vessels of tbe respective high contracting parties shall only extend to such T-w,, ,„ whioh as are built within their respective territories, or lawfully Ji^^TIriu-k coudemned as prize of war, or adjudged to be forfeited for a breach of the municipal laws of either of the parties, and belonging wholly to their citizens or subjects respectively, and of which the master, officers, aud two-thirds of the crew shall consist of the citizens or subjects of the country to which the vessel belongs.
The same duties shall be paid ou the importation into the ports of the United States of any articles the growth, produce, or manufacture of the Kingdom of Hanover, or of any other country M>TM°*"»f°n*belonging to the Germanic Confederation and the Kingdom of Prussia, from whatsoever ports of the said country the said vessels may depart, •whether such importation shall be in vessels of the United States or iu Hanoverian vessels; and the same duties shall be paid on the importation into the ports of the Kingdom of Hanover of any articles the growth, produce, or manufacture of the United States and of every other country of the continent of America and the West Iudia Islands, from ■whatsoever ports of the said countries the vessels may depart, whether such importation shall be iu Hanoverian vessels or the vessels of the United States.
The same duties shall be paid and the same bounties allowed on the exportation of any articles the growth, produce, or manufacture of the Kingdom of Hanover, or of any other country o""'""-s'»rt" belonging to the Germanic Confederation aud the Kingdom of Prussia, to the United States, whether such exportation shall be in vessels of the United States, or in Hanoveriau vessels, departing from the ports of Hanover; and the same duties shall be paid and the same bounties allowed on the exportation of any articles the growth, produce, or manufacture of the United States and of every other country on tbe continent of America aud the West India Islands, to the Kingdom of Hanover, whether such exportation shall be in Hanoverian vessels or in vessels of the United States departing from the ports of the United States.
No higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or manu- m facture of the Kingdom of Hanover, aud no higher or other wiTM.'* duties shall be imposed on the importation into the Kingdom of Hanover of any articles the growth, produce, or manufacture of the Uuited States, than arc or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country.
ZSTo higher or other duties aud charges shall be imposed jn the United States on the exportation of any articles to the Kingdom of 'Hanover, or in Hanover on the exportation of any articles to the United States, than such as are or shall be payable on the exportation of the like articles to any other foreign country.
No prohibition shall be imposed on the exportation or importation of any articles the growth, produce, or manufacture of the United States, or the Kingdom of Hanover, to or from the ports of said Kingdom or of the saitl United States, which shall not equally extend to all other nations.
The preceding articles are not applicable to the coasting trade and navigation of the high contracting parties, which are respectively reserved by each exclusively to its own citizens
Xo priority or preference shall be given by either of the contracting No rr,f,„.„ o of parties, nor by any company, corporation, or agent, acting uoooruiiou. on their behalf, or under their authority, in the purchase of any article of commerce lawfully imported on account or in/reference to the national character of the vessel, whether it be of the one party or of the other in which such article was imported.
The contracting parties grant to each other the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, agents, and commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations; but if any of the said Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place.
The Consuls, Vice-Consuls, and commercial agents shall have the right, as such, to sit as judges aud arbitrators in such differences as mayarise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country; or the said Consuls, Vice Consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect or supported.
It is, however, understood, that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country.
The said Consuls, Vice-Consuls, aud commercial agents are authorized to require the assistance of the local authorities for the search, arrest, and imprisonment of the deserters from the ships of war and merchant vessels of their country.
For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and on this claim being thus substantiated, the surrender shall not be refused.
Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or commercial agents, and may be confined iu the public prisons, at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months from the day of their arrest, they shall be set at liberty and shall not be again arrested for the same cause. However, if the deserter shall bo found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced his sentence, and such sentence shall have been carried into effect.
The citizens or subjects of each party shall have powtr to dispose of their personal property within the jurisdiction of the other, P„w„r „ di<w„ by sale, donation, testament, or otherwise. ot^r^\pn,^,.
Their personal representatives, being citizens or subjects of the other contracting party, sball succeed to their said personal property, whether by testament or ab iutestato.
They may take possession thereof, either by themselves or by others acting for them, at their will, and dispose of the same, paying such duties only as the inhabitants of the country wherein the said personal property is situate shall be subject to pay in like cases.
In case of the absence of the personal representatives, the same care shall be taken of the said property as would be taken of the property of a native in like case, until the lawful owner may take measures for receiving it.
If any question should arise among several claimants to which of them tlie said property belongs, the same shall be finally decided by the laws and judges of the country wherein it is situate.
Where, ou the decease of any person, holding real estate within the territories of one party, such real estate would, by the laws of the land, descend ou a citizen or subject of the other were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt, from all duties of detraction on the part of the Government of the respective States.
The capitals and effects which the citizens or subjects of the respective parties, in changing their residence, shall be desirous of removing from the place of their domicile, shall likewise be exempt from all duties of detraction or emigration on the part of the respective Governments.
The ancient and barbarous right to wrecks of the sea shall be entirely abolished with respect to the property belonging to the w citizens or subjects of the contracting parties.
When any vessel of either party shall be wrecked, stranded, or otherwise damaged ou the coasts, or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happens.
They shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case.
If the operations of repair shall require that the whole or any part of the cargo be unloaded, they shall pay no duties of custom, charges, or fees ou the part which they shall reload and carry away, except as arc payable in the like cases by national vessels.
It is nevertheless understood that if, whilst the vessel is under repair, the cargo shall be unladen, and kept in a place of deposite, destined to receive goods, the duties on which have uot beeu paid, the cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouses.
The present treaty shall be in force for the term of twelve years from D«r.tion o< the the date hereof; and further until the end of twelve months lre!"i after the Government of the United States on the one part,
or that of Han#ver on the other, shall have given notice of its intention of terminating the same.
The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of their Senate; and by His Majesty the Kiug of Hanover; and the ratifications thereof shall be exchanged at the city of Berlin, within the space of ten months from this date, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the above articles as well in French as in English, and have affixed thereto . the seals of their arms, declaring at the same time that the signature in the two languages shall not hereafter be cited as a precedent, nor iu any manner prejudice the contracting parties.
Done in quadruplicate at the city of Berlin the twentieth day of May, in the year of our Lord one thousand eight hundred and forty, and the sixtv-fourth of the Independence of the United States of America.
HENRY WHEATOX. [l. S.]
AUGUSTUS DE BEEGEE. [l.s.j
TREATY OF COMMERCE AND NAVIGATION WITH HANOVER. CONCLUDED JUNE 10, 1846; RATIFICATIONS EXCHANGED MARCH 5, 1847; PROCLAIMED APRIL 24, 1847.
The United States of America and His Majesty the King of Hanover, equally animated with a desire of placing the privileges of their navigation on a basis of the most extended liberality, and of affording otherwise every encouragement and facility for increasing the commercial intercourse between their respective States, have resolved to settle in a definitive manner the rules which shall be observed between the. \ oue and the other, by means of a treaty of navigation and commerce; for which purpose the President of the United States has conferred full powers on A. Dudley Mann, their Special Agent to His Majesty the King of Hanover; and His Majesty the King of Hanover has furnished with the like full powers the Baron George Frederick de Falcke, of his Privy Council, Knight Grand Cross of the Royal Guelphick Order;
Who, after exchanging their full powers, found iu good and due form, have concluded and signed, subject to ratification, the following articles.