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deserter shall be found to have committed any crime or offense, the surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence, and such sentence shall have been carried into effect.'
The citizens and subjects of each of the high contracting parties shall have power to dispose of their personal goods within the p jurisdiction of the other, by testament, donation, or other- »r ,.e""nai" ,'oTd" wise; and their representatives shall succeed to their said personal goods, whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases.
And where, on the death of any person holding real estate within the territories of one of the high contracting parties, such real estate would, by the laws of the laud, descend on a citizen e,u"."im",n"".i or subject of the other party, who, by reason of alienage, 10" may be incapable of holding it, he shall be allowed the time fixed by the laws of the country; and, in case the laws of the country actually in force may not have fixed any such time, he then shall be allowed a. reasonable time to sell or otherwise dispose of such real estate, and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective Governments any other dues than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases.
If either party shall hereafter grant to any other nation any particular favor in navigation or commerce, it shall immediately become common to the other party, freely, where it is freely u»"*TMISu""TMgranted to such other nation, or on yielding the same com- C°°'°""L pensatiou or an equivalent, quam proximd, where the grant is conditional.
The United Statesof America and Her Most Faithful Majesty, desiring to make as durable as circumstances will permit, the relations n,. r0u0WiBg which are to be established between the two parties, by poiuUta virtue of this treaty or'general convention of reciprocal liberty of commerce and navigation, have declared solemnly and do agree to the following points:
1st. The present treaty shall be in force for six years from the date hereof, and further until the end of one year after either of D„llo, ot th. the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said term of six years; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty shall altogether cease and terminate.
2d. If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or
reaponnblr for a vio
subject shall be held personally responsible for the same; b"°°°" and the harmony and good correspondence between the two
nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation. 3d. If, (which, indeed, cannot be expected,) unfortunately, any of the
articles contained in the present treaty shall be violated or authorized, nor war ] 11 fringed in any way whatever, it is expressly stipulated, j«urej, uni.i, *c ^ ^ neither of the contracting parties will order or authorise any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall lirst have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.
4th. The present treaty shall be approved and ratified by the President of the United States of America, by and with the ad..i'dTM,1", vice and consent of the Senate of the said States, and by "Her Most Faithful Majesty, with the previous consent of
the General Cortes of the nation, and the ratifications shall be exchanged, in the city of Washington, within eight months from the date hereof,, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done iu triplicate in the city of Lisbon, the twenty-sixth day of August, in the year of our Lord one thousand eight huudred and forty.
EDWARD KAVANAGH. [l. S.]
JOAO BAPTISTA DE ALMEIDA GARRETT. L. s.}
[The treaty of August 2G, 1840, did not restrict either Government from imposing discriminating duties on merchandise not the growth or production of the nation of the vessel carrying the same into the port of the other nation. (Oldfield vs. Marriott, 10 Howard, 146.)J
TREATY WITH PORTUGAL RELATIVE TO CERTAIN CLAIMS OF AMERICAN CITIZENS. CONCLUDED FEBRUARY 26,1851; RATIFICATIONS EXCHANGED JUNE 23, 1851; PROCLAIMED SEPTEMBER 1, 1851.
The United States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves,'equally animated with the desire to maintain the relations of harmony and amity which have always existed, and which it is desirable to preserve between the two Powers, having agreed to terminate by a convention the pending questions between their respective Governments in relation to certain pecuniary claims of American citizens presented by the Government of the United States against the Government of Portugal, have appointed as their Plenipoteutaries for that purpose, to wit: The President of the United States of America, Daniel Webster, Secretary of State of said United States, and Her Most Faithful Majesty, J. 0. de Figaniere 6 Morao, of Her Council, Knight Commander of the Orders of Christ and of O. L. of Conceptiou of Villa Vicoza, and Minister Resident of Portugal near the Government of the United States;
Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles:
Her Most Faithful Majesty the Queen of Portugal and of the Algarves, appreciating the difficulty of the two Governments agree- r„m,.„t to,,,, ing upon the subject of said claims, from the difference of opinion entertained by them respectively, which difficulty might hazard the continuance of the good understanding now prevailing between them, and resolved to maintain the same unimpaired, has assented to pay to the Government of the United States a sum equivalent to the indemnities claimed for several American citizens, (with the exception of that mentioned in the fourth article,) and which sum the Government of the United States undertakes to receive in full satisfaction of said claims, except as aforesaid, and to distribute the same among the claimants.
The high contracting parties," not being able to come to an agreement upon the question of public law involved in the case of the n,, c„„ of „,„ American privateer brig "General Armstrong," destroyed f;TiT'L*„X'r?" by British vessels in the waters of the island of Fayal, in »'bi"»>">"September, 1814, Her Most Faithful Majesty has proposed, and the United States of America have consented, that the claim presented by the American Government, in behalf of the captain, officers, and crew of the said privateer, should be submitted to the arbitrament of a sovereign, potentate, or chief of some nation in amity with both the high contracting parties.
So soon as the consent of the sovereign, potentate, or chief of some friendly nation, who shall be chosen by the two high con- c«Pi«of«]ip«p«. tracting parties, shall have been obtained to act as arbiter llet'^if^L,",, in the aforesaid case of the privateer brig "General Armstrong," copies of all correspondence which has passed in reference to said claim between the two Governments and their respective representatives shall be laid before the arbiter, to whose decision the two high contracting parties hereby bind themselves to submit.
The pecuniary indemnities which Her Most Faithful Majesty promises to pay, or cause to be paid, for all the claims presented previous to the 6th day of July, 1850, in behalf of American p»m'jTM u.e 'Ctb-r citizens, by the Government of the United States, (with the exception of that of the "General Armstrong,") are fixed at ninety-one thousand seven hundred and twenty-seven dollars, in, accordance with the correspondence between the two Governments.
The payment of the sum stipulated in the preceding article shall be made in Lisbon, in ten equal instalments, in the course of PwiM howmid„ five years, to the properly-authorized agent of the United """"
States. The first instalment of nine thousand one hundred and seventytwo dollars seventy cents, with interest as hereinafter provided, (or its equivalent in Portuguese current money,) shall be paid, as aforesaid, on the 30th day of September of the current year of 1851, or earlier, at the option of the Portuguese Government; and at the end of every subsequent six months a like instalment shall be paid—the integral sum of ninety-one thousand seven hundred and twenty-seven dollars, or its equivalent, thus to be satisfied on or before the thirtieth day of September, 1856.
It is hereby agreed that each and all of the said instalments are to bear, and to be paid with an interest of six per cent, per annum, from the date of the exchange of the ratifications of the present convention.
This convention shall be approved and ratified, and the ratifications shall be exchanged in the city of Lisbon within four months after the date hereof, or sooner if possible. In testimony whereof the respective Plenipotentiaries have signed the same; and affixed thereto the seals of their arms.
,Done in the city of Washington, D." 0., the twenty-sixth day of February, of the year of our Lord one thousand eight hundred and fifty-one.
TREATY OF AMITY AND COMMERCE BETWEEN HIS MAJESTY THE KING OF PRUSSIA AND THE UNITED STATES OF AMERICA. CONCLUDED SEPTEMBER 10, 1785; RATIFIED BY THE KING OF PRUSSIA SEPrEMBER 24, 1785, AND BY THE CONGRESS OF THE UNITED STATES MAY 17, 1786.
[This treaty cxnii-ed by its own limitation ten years after the exchange of ratifications.]
His Majesty the King of Prussia and the United States of America, desiring to fix, in a permanent and equitable manner, the JalJ, AuiU,. ,„, rules to be observed in the intercourse and commerce they s">"mt"fr.17S1desire to establish between their respective countries, His Majesty and the United States have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement.
With this view, His Majesty the King of Prussia has nominated and constituted as his Plenipotentiary, the Baron Frederick William de Thulemeier, his Privy Counsellor of Embassy, and Envoy Extraordinary with their High Mightinesses the States-General of the United Netherlands; and the United States have, on their part, given full powers to, John Adams, Esquire, late one of their Ministers Plenipotentiary for negotiating a peace, heretofore a Delegate in Congress from the State of Massachusetts, and Chief Justice of the same, and now Minister Plenipotentiary of the United States with His Britannic Majesty; Doctor Benjamin Franklin, late Minister Plenipotentiary at the Court of Versailles, and another of their Ministers Plenipotentiary for negotiating a peace; and Thomas Jefferson, heretofore a Delegate in Congress from the State of Virginia, and Governor of the said State, and iiow Minister Plenipotentiary of the United States at the Court of His Most Christian Majesty; which respective Plenipotentiaries, after having exchanged their full powers, and on mature deliberation, have concluded, settled, and signed the following articles:
There shall be a firm, inviolable, and universal peace and sincere friendship between His Majesty the King of Prussia, his heirs, successors, and • subjects, on the one part, and the United States of America and their citizens on the other, without exception of persons or places.
The subjects of His Majesty the King of Prussia may frequent all the coasts and countries of the United States of America, and reside and trade there in all sorts of produce, manufactures, and merchandize; and shall pay within the said United States no other or greater duties,