Page images
PDF

hottses for a term of months or years mutually agreed npon between the owners and American citizens; build houses and magazines on land leased by them, in accordance with the laws of Madagascar for buildings; hire labourers, not soldiers, and if slaves, not without permission of their masters. .

Should the Queen, howe ver, require the services of such labourers, or if they should desire, on their own account, to leave, they shall be at liberty to do so, and be paid up to the time of leaving, on giving previous notice.

Contracts for renting or leasing land or houses or hiring labourers may be executed by deeds signed before the U. S. Consul and the local authorities. They also shall be permitted to trade or pass with their mercbandise through all parts of Madagascar which are under the controlo of a Governor, duly appointed by Her Majesty, with the exception of Ambohimanga, Ambohimanambola, and Amparafaravato, which places foreigners are not permitted to enter, and, in fact, be entitled to all piivileges of comerce granted to other favoured nations.

The subjects of Her Majesty the Queen of Madagascar shall enjoy the same privileges in the U. S. of America.

in.

Comerce between the people of America and Madagascar shall be perfectly free, witu all the privileges under which the most TM favoured nationsare now or may hereafter be trading. Citizens of America shall, however, pay a duty, not exceeding ten per cent, on both exports and imports in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions: Munition of war, to be imported only by the Queen of Madagascar into her dominions, or by her order. Prohibited from export by the lawsof Madagascar are munition of war, timber, and cows. No other duties, such as tonnage, pilotage, quarantine, light-house dues, shall be imposed in ports of either country on the vessels of the other to which national vessels or vessels of the most favoured nations shall not equally bo liable.

Ports of Madagascar, where there is no military station under the controle of a Governor, must not be entered by U. S. vessels. Portl

IV.

Each contracting parly may appoint consuls, to reside in the dominions of each other, who shall enjoy all privileges granted to consuls of the most favoured nations, to be witness of the good relationship existing between both nations and to regulate and protect commerce.

V.

Citizens of the U. S. who enter Madagascar, and subjects of Her Maiestv the Queen of Madagascar, while sojourning in America, are subject to the laws ot trade and comerce in the respective countries. In regard to civil rights, however, whether of person or property, of American citizens, or in cases of criminal offences, they shall be under the exclusive civil and criminal jurisdiction of their own consul only, duly invested with the necessary powers.

But should any American citizen be guilty of a serious criminal offeuc^ against the laws of Madagascar, he shall be liable to banishment frotx^ the country.

All disputes and differences arising within the dominionsof Her Majesty between citizens of tbe U. S. and subjects of Madar gascar shall be decided before the U S. Consul and an officer

duly authorized by Her Majesty's Government, who shall afford mutual assistance and every facility to each other in recovering debts.

VI.

No American vessel shall have communication with the shore before receiving pratique from the local authorities of Madagasv car, nor shall any subject of Her Majesty the Queen be

permitted to embark on board an American vessel without a passport from Her Majesty's Government.

In cases of mutiny or desertion, the local authorities shall, on application, render all necessary assistance to the American Consul to bring back the deserters and to re establish discipline, if possible, among the crew of a merchant-vessel.

VII.

In case of a shipwreck of an American vessel on the coast of Madagascar, or if any such vessel should be attaked or plundered in the waters of Madagascar adjacent to any military station, Her Majesty engages to order the Governor to grant every assistance in his power to secure the property and to restore it to the owner or to the IT. S. Consul, if this be not impossible.

VIII.

The above articles of treaty, made in good faith, shall be submitted to both the Government of the U. S. of America and Her Majesty the Queen of Madagascar for ratification, and such ratifications be exchanged within six months from date of ratification, at Antananarivo.

Should it, at any future time, seem desirable, in the interest of either of the contracting parties, to alter or add to the present treaty, such alterations or additions shall be effected with the consent of both parties.

Duplicate originals of this treaty, with corresponding text in the English and Malagasy languages, which shall be both of equal authority, have been signed and sealed at Antananarivo this day.

SUPLEMENTARY ARTICLE *TO § II.

P. S.—Should there be any business of the Queen requiring the servsoppiemTMt»r,ices of such labourers, they shall be permitted to leave with'icla out giving previous notice. The sentence in Article II, stat

ing that previous notice must be given, refers only to labourers leaving on their own account.

J. P. FINKELMEIER, U. S. C. A. [seal.
RALNTMAHARAVO, [seal/
Chief Secretary of State, 16 vtra.
ANDRIANTSITOHA1NA, 16 vtra.
RAFARALAH1BUMALO,

Lohohna Ghibe amy ny Brz.

Antananarivo, lUh February, 1867.

MECKLENBTJRG-SOHWERIN.

MECKLENBUEG-SCHWEKIN, 1847.

DECLARATION OF ACCESSION OF THE GRAND DUCHY OF MECKLENBURGSCHWERIN TO THE TREATY WJTH HANOVER OF Iotii JUNE, 1S46. SIGNED AND EXCHANGED DECEMBER 9, 1847; PROCLAIMED AUGUST 2, 1848.

[note.—Mecklenburg-Schwerin was incorporated a State in the North German Union by the constitution of the latter, July 1, 1867.]

DECLARATION.

Whereas a treaty of commerce and navigation between the United States of America and His Majesty the King of Hanover was concluded at Hanover on the tenth day of June, one thousand eight hundred and forty-six, by the Plenipotentiaries of the contracting parties, and was subsequently duly ratified on the part of both Governments;

And whereas, by the terms of the twelfth article of the same, the United States agree to extend all the advantages and privileges contained in the stipulations of the said treaty to one or more of the other States of the Germanic Confederation which may wish to accede to them by means of au official exchange of declarations, provided that such State or States shall confer similar favors upon the United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same conditions, stipulations, and obligations;

And whereas the Government of His Boyal Highness the Grand Duke of Mecklenburg-Schwerin has signified its desire to accede to the said treaty, and to all the stipulations and provisions therein contained, as far as the same are or may be applicable to the two countries, and to become a party thereto, and has expressed its readiness to confer similar favours upon the United States as an equivalent in all respects to those conferred by the Kingdom of Hanover;

And whereas the Government of the Grand Duchy of MecklenburgSchwerin, iu its anxiety to avoid the possibility of a misconception hereafter of the nature and extent of the favours differing essentially from those of Hanover, which it consents to bestow upon the United States, as well as for its own faithful observauce of all the provisions of the said treaty, wishes the stipulations, conditions, and obligations imposed upon it, as also those which rest upon the United States, as explicitly stated, word for word, in the English and German languages, as contained in the following articles:

Article I.

The high contracting parties agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be, . bo[h from time to time, lawfully imported into the United States l!ZS**£io*°L in their own vessels, may also be imported in the vessels of ""*" °°t"* the Grand Duchy of Meckleuburg-'Schwerin, and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in a vessel of the United States or in a vessel of Mecklenburg-Schwerin.

And, ill like manner, whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to time, lawfully imported into the Grand Duchy of Mecklenburg-Schwerin in its own vessels, may also be imported in vessels of the United States; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected, whether the importation be made in vessels of the one party or the other.

"Whatever may be lawfully exported or re-exported by one party in its own vessels to any foreign country may in like manner be exported or re-exported in the vessels of the other; and the same duties, bounties, and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one party or the other.

Nor shall higher or other charges of any kind be imposed in the ports portcharte, °* one Par*y on vessels of the other than are or shall be payable in the same ports by national vessels.

Article II.

The preceding article is not applicable to the coasting trade and navigation of the high contracting parties, which are respectively reserved by each exclusively to its own subjects or

Courting trade.

citizens.

Article III.

No priority or preference shall be given by either of the contracting Prion*or prefer- parties, nor byaiiy company, corporation, or agent acting on their behalf or under their authority, in the purchase of any article of commerce lawfully imported on account of 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.

Article IY.

The ancient and barbarous right to wrecks of the sea shall remain entirely abolished with respect to the property belonging to the subjects or citizens of the high contracting parties. When any vessel of either party shall be wrecked, stranded, or otherwise damaged on 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

Savage. *■"

case.

If the operations of repair shall require that the whole or any part of nr reofrf., ^6 car8° ^e unloaded, they shall pay no duties of custom, charges, or fees on the part which they shall reload and carry away, except such as are payable in the like case by national vessels.

It is nevertheless understood that if, w hilst the vessel is under repair, the cargo shall be unladen, and kept in a place of deposit destined to receive goods, the duties on which Jiave not been paid, the cargo shall be liable to the charges and fees lawfully due to the keepers of such warehouse.

Article Y.

The privileges secured by the present treaty to the respective vessels of the high contracting parties shall only extend to such as are built within their respective territories, or lawfully con- ^..i^"^''^^ denined as prizes of war, or adjudged to be forfeited for a "e*',"te° breach of the municipal laws of either of the high contracting parties, and belonging wholly to their subjects or citizens.

It is further stipulated that vessels of the Grand Duchy of Mecklenburg-Schwerin may select their crews from any of the States of the Germanic Confederation, provided that the master of each be a subject of the Grand Duchy of Mecklenburg-Schwerin.

Article VI.

No higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or manufacture of the Grand Duchy of Mecklenburg-Schwerin or of its fisheries, and no higher or other duties shall be imposed on the importation into the Grand Duchy of Mecklenburg-Schwerin of any articles the growth, produce, and manufacture of the United States and of their fisheries, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country or of its fisheries.

No higher or other duties and charges shall be imposed in the United States ou the exportation of any articles to the Grand Duchy of Mecklenburg-Schweriu, or in Mecklenburg-Schwerin 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 ou the importation or exportation of any articles the growth, produce, or manufacture of the Grand Duchy of Mecklenburg-Schwerin or of its fisheries, or of the United States or their fisheries, from or to the ports of said Grand Duchy, or of the said United States, which shall not equally extend to all other Powers and States.

Article VII.

The high contracting parties engage mutually not to grant any particular favour to other nations in respect of navigation and rotl to ^a,*duties of customs, which shall not immediately becomecommon to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing a compensation as near as possible, if the concession was conditional.

Article VIII.

In order to augment by all the'means at its bestowal the commercial relations between the United States and Germany, the Grand Duchy of Mecklenburg-Schwerin agrees, subject to «TM"mi'Icr^ *£. the reservation in article eleventh, to abolish the import | duty on raw cotton and paddy, or rice in the husk, the produce of the United States; to levy no higher import duty upon leaves, stems, or strips of tobacco, imported in hogsheads or casks, than one ,„„„,„ ialJ „. thaler and two schillings for one hundred pounds, Hamburg lB"""-4:c■weight, (equal to seventy cents United States currency.and weight;) to lay no higher import duty upon rice imported in tierces or half tierces

« PreviousContinue »