Page images
PDF

that every such claim, whether or hot the same may have been presented to the notice of, made, preferred, or laid before the said Commissioners, shall, from and after the conclusion of the proceedings of the said Commission, be considered and treated as finally settled, barred, and therefore inadmissible.

Article VI.

The salaries of the Commissioners shall not exceed forty-five hundred c dollars in United States gold coin, each, yearly. Those of mi." vm°,Z', the secretaries and Arbitrator or Umpire shall be determined by the Commissioners; and in case the said Commission finish its labors in less than six months, the Commissioners, together with their assistants, will be entitled to six months' pay, and the whole expenses of the Commission shall be defrayed by a ratable deduction on the amount of the snms awarded by the Commissioners, provided always that such deduction shall not exceed the rate of five per cent, on the sums so awarded. The deficiency, if any, shall be defrayed by the two Governments in moieties.

Article VII.

The present convention shall be ratified by the President of the convention, when United States, by and with the consent of the Senate »b«ruined.' thereof, and by the President of Peru, with the approbation of the Congress of that Republic, and the ratifications will be exchanged in Lima, as soon as may be, within six months of the date hereof.

Article VIII.

.The high contracting parties declare that this convention shall not be considered as a precedent obligatory on them, and that aMuteif^rdeM they remaiu in perfect liberty to proceed in the manner »to(««r.*.im ifoffi may be deemed 'most convenient regarding the diplomatic claims that may arise in the future.

In witness whereof the respective Plenipotentiaries have signed the same in the English and Spanish languages, and have affixed thereto the seals of their arms. Done in Lima the fourth day of December, in the year of our Lord one thousand eight hundred and sixtv eight.

ALVIN P. HOVEY. Ii. S.
J. A. BARKENECHEA. [L. s.

PORTUGAL.

PORTUGAL, 1840.

TREATY OF COMMERCE AND NAVIGATION WITH PORTUGAL. CONCLUDED AUGUST 26, 1840; RATIFICATIONS EXCHANGED APRIL 23, 1841; PROCLAIMED APRIL 24, 1841.

In tbe Name of the Most Holy and Undivided Trinity.

The United States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States; of extending, also, and consolidating the commercial intercourse between them; and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity based upon principles of equity equally beneficial to both countries; have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation; and they have appointed as their Plenipotentiaries for that purpose, to wit:

The President of the United States of America, Edward Kavan[a]gh, their Charge d'Aftaires at the Court of Her Most Faithful Majesty; and Her Most Faithful Majesty, tbe most illustrious and most excellent John Baptist de Almeida Garrett, First Historiographer to her said Majesty, of her Council, Member of the Cortes, Knight of the ancient and most noble Order of the Tower an[d] Sword, Knight Commander of the Order of Christ, Officer of the Order of Leopold in Belgium, Judge ■ of the Superior Court of Commerce, Envoy Extraordinary and Minister Plenipotentiary to Her Catholic Majesty;

Who, after having exchauged their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles:

Article I.

There shall be, between the territories of the high contracting parties, a reciprocal liberty of commerce and navigation. The citi- ijb. mens and subjects of their respective States shall, mutually, °< TM<TM>-'**'IV* have liberty to enter the ports, places, and rivers of the ter- °"',lt""1 ritories of each party, wherever foreign commerce is or shall be permitted. They shall be at liberty to sojourn and reside in all parts of said territories, in order to attend to their affairs; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce.

Article II.

Vessels of the United States of America arriving, either laden or iu ballast, iu the ports of the Kingdom and possessions of T^,„ of .itber Portugal; and, reciprocally, Portuguese vessels arriving, Z'l!»,"ll T.u!JLI either laden or in ballast, in the ports of the United States of ,"TMu

America, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels, coming from the same place, with respect to the duties of tonnage, light-house duties, pilotage, port changes, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied upon vessels of commerce, in the name or to the profit of the Government, the local authorities, or of any public or private establishment, whatsoever.

Article III.

No higher or other duties shall be imposed on the importation into the Kingdom and possessions of Portugal of any article

duti*» to b<* imposed

the growth, produce, or manufacture of the United States c».mporufOD., &c. ^ America; aud no higher or other duties shall be imposed on the importation iuto the United States of America of any article the growth, produce, or manufacture of the Kingdom and possessions of Portugal, than such as are or shall be payable on the like article being the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportaAii rc.hibiuoD.to tion of any article the growth, produce, or manufacture of be«.»«»!. the United States of America, or of the Kingdom and possessions of Portugal, to or from the ports of the said Kingdom and possessions of Portugal, or of the said States, which shall not equally extend to all other foreign nations.

Nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any articles to

dutien to be impoH.'d

the United States of America, or to the Kiugdom of Portuon eiporfnon., tt. respectively, than such as are payable on the exportation of the like articles to any other foreign country.

Provided, however, that nothing contained in this article shall be understood, or intended, to interfere with the stipulation entered into by the United States of America, for a special equivalent, in regard to .French wines, in the convention made by the said States and France, on the fourth day of July, in the year of our Lord one thousand eight hundred and thirty-one; which stipulation will expire, and cease to have effect, in the month of February, in the year of our Lord one thousand eight hundred and forty-two.

Article IV.

«

The same duties shall be paid, and the same bounties, deductions, or s.me6uii«o,i,m. privileges allowed, on the importation into the Kingdom ail<l Possessions of Portugal, of any article the growth, ».rv. produce, or manufacture of the United States of America,

whether such importation shall be in vessels of the said States, or in Portuguese vessels; aud, reciprocally, the same duties shall be paid, and the same bounties, deductions, or privileges allowed, on the importation into the United States of America, of any article the growth, produce, or manufacture of the Kingdom and possessions of Portugal, whether such importation shall be in Portuguese vessels, or in vessels of the said States.

Article V.

It is agreed by the high contracting parties that, whenever there may hTonnuud bj be lawfully imported into all or any of the ports of the King'taSiSS dom and possessions of Portugal, in vessels of any foreign commoL country, articles of the growth, produce, or manufacture of a country other than that to which the importing vessels shall belong, the same privilege shall immediately become common to vessels of the United States of America,' with all the same rights and favors as may, in that respect, be granted to the most favored nation. And, reciprocally, in consideration thereof, Portuguese vessels shall thereafter enjoy, in the same respect, privileges, rights, and favors, to a correspondent extent, in the ports of the United States of America.

Article VI.

All kinds of merchandise and articles of commerce, which may be lawfully exported or re-exported from the ports of either of the high contracting parties to any foreign country, in na- <»°i«'"TM«i?r£ tional vessels, may also be exported or re-exported therefrom p»"*W Mm»» in vessels of the other party, respectively, without paying" other or higher duties or charges, of whatever kind or denomination, than if the same merchandise or articles of commerce were exported or re-exported in national vessels.

And the same bountries and drawbacks shall be idlowed, whether such exportation or re exportation be made in ves- .»m""'!n'";..,«i;tor eels of the one party or the other. TMl

Article VII.

It is expressly understood that nothing contained in this treaty shall be applicable to the coastwise navigation of either of the Co.-,,iin, t»i.«. two countries, which each of the high contracting parties c""*i reserves exclusively to itself.

Article VIII.

It is mutually understood that the foregoing stipulations do not apply to ports and territories, in the Kingdom and possessions of r<>r^. M u Portugal, where foreign commerce and navigation are not t^TiLTIIpK!'." admitted; and that the commerce and navigation of Portu- ">cerl"""x"" gal directly to and from the United States of America and the said ports and territories are also prohibited.

But Her Most Faithful Majesty agrees that, as soon as the said ports and territories, or any of them, shall be opened to the com- g>id ■ merce or navigation of any foreign nation, they shall, from ^^0^TM£\"^' that moment, be also opened tothecommerce and navigation <!^'°t!*"!;°;!°.d of the United States of America, with the same privileges, ute> rights, and favors as may be allowed to the most favored nation, gratuitously, if the concession was gratuitously made, or on allowing the same compensation or an equivalent if the concession was conditional.

Article IX.

Whenever the citizens or subjects of either of the contracting parties shall be forced to seek refuge or asylum in any of the rivers, bays, ports, or territories of the other, with their vessels, •.i.n2S.'S whether merchant or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor, facility, and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind.

Article X.

The two contracting parties shall have the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Agents, and eSS^u.uXSS Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nation. But before any Consul, Vice-Consul, Agent, or Commissary shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent. But, if any such Consuls shall exercise commerce, they shall be subor conroi. euw mitted to the same laws and usages to which the private in, i»commerce. individuals of their nation are submitted, in the same place, in respect of their commercial transactions. And it is hereby declared that, in case of offense against the laws, co»»ui. .ioiMin! such Cousul, Vice-Consul, Agent, or Commissary may either theb»«. ke punished according to law or be sent back, the offended

Government assigning to the other reasons for the same.

The archives and papers of the consulates shall be respected inviolacormunr archie bly; and under no pretext whatever shall any magistrate '■'■■'seize or in any way interfere with them. The Consuls, Vice Consuls, and Commercial Agents shall have the Dilute, b«»«c„ right, as such, to sit as judges and arbitrators in such diftTSiSSi i*r'to'„° ferences as may arise between the captains and crews of the •qi, &c. 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 captains should disturb the order or the tranquillity or offend the laws of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance te> 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 wr^rt'Sfj'S they have to resort, on their return, to the judicial authorities of their country.

Article XI.

The said Consuls, Vice-Consuls, and Commercial Agents are authorized coouk, tr.,TM, to require the assistance of the local authorities for the ^".Kritiw'S search, arrest, detention, and imprisonment of the deserters. TM"fc"fflKl from the ships of war and merchant-vessels of their country.

For this purpose they shall apply to the competent tribunals, judges, Ho- ihe deTMmi aIlu officers, uu<l shall in writing demand the said deserters, ■h"" bc""Jl'' proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall be made without delay.

Such deserters, when arrested, shall be placed at the disposal of the M-rter. ,h.. sa*^ Consuls, Vice-Consuls, or Commercial Agents, and may »r>4w£To'wwt,b!! be confined in the public prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But, if not sent back within four 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

« PreviousContinue »