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costs of salvage as would have been paid by national vessels in the same circumstances.
Sardinian merchant-vessels being forced from stress of weather or v«wu forced iou> other unavoidable causes to enter a port of the United States of America, and reciprocally merchant-vessels of the said States entering the ports of Ilis Sardinian Majesty from similar causes, shall be exempt from port charges and all other duties levied to the profit of the Government, in case the causes which have rendered such entry necessary are real and evident, provided such vessel does not engage in any commercial operation while in port, such as loading and unloading merchandise, it beeing understood, nevertheless, that the unloading and reloading rendered necessary for the repair of the said vessel shall not be considered an act of commerce affordiug ground for the payment of duties, and provided also that the said vessel shall not prolong her stay in port beyond the time necessary for the repair of her damages.
Considering the remoteness of the respective countries of the two Vhmii eatwiu. high contracting parties, and the uncertainty resulting biocLdcd porL therefrom with respect to the various events which may take place, it is agreed that a merchant-vessel, belonging to either of them, which may be bound to a port supposed at the time of its departure to be blockaded, shall not however be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned during its voyage that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall, during the same voyage, attempt a second time to enter the same blockaded port during the continuance of the said blockade, shall then subject themselves to be detained and condemned.
All articles of commerce the growth or manufacture of the United Article. ,r com States of America, and the products of their fisheries, with mer,'»r 7iio"vrd""to the exception of salt, gunpowder, and tobacco manufactured th"n»r.hes«rdm?an for use, shall be permitted to pass in transitu from the free 1 port of Genoa through the territories of Ilis SardiuianMajesty to any point of the inland frontier of the said territories; and, vice versa, all articles of commerce coming from any one point of the Sardinian inland frontier, destined for the United States, shall be permitted to pass the territories of Ilis Sardinian Majesty to the free port of Genoa without being liable to the payment of any duty whatever levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, other than such as are required to meet the expenses of the necessary precautionary measures against smuggling, which precautionary measures to be observed in regard to transit to the frontier shall be the same whether the said articles of commerce are imported by the vessels of the one or of the other of the high contracting parties. But if peculiar circumstances or considersKoiir. or inn.* tions should render the re-establishment of transit duties dUtru.b«,necessary on the said articles of commerce directed to any one point of the Sardinian frontier, the Sardinian Government, in reserving to itself the full right to establish such duty, engages to notify to the Government of the United States such determination six months SAXONY.
before any such transit duty shall be exacted. It is also understood
that all articles of commerce imported directly from the
United States of America shall be taken and considered as JiTOtS'rroTMK'"3
the products of the said States, and shall be entitled equally Sl'u"'
and in like manner, with the exceptions above mentioned in the present
article, to a free transit through the territories of His Sardinian Majesty.
The two high contracting parties reciprocally grant to each other the liberty of having each in the ports and other commercial places of the other, Consuls, Vice Consuls, and Commercial 1 Agents of their own appointment, who shall enjoy the same privileges, powers, and exemptions as those of the most favored nations. But if any of such Consuls shall exercise commerce, they shall be subjected to the same laws and usages to which the private individuals of then: nation, or subjects or citizens of the most favored nations are subject in the same places, in respect to their commercial transactions.
It is especially understood that whenever either of the two contracting parties shall select for a consular agent to reside in any port or commercial place of the other party a subject or par't'"°".P%i»^j citizen of this last, such Consul or Agent shall continue to be Co,"ul!,b7 regarded, notwithstanding his quality of a foreign Consul, as a subject or citizen of the nation to which he belongs, and consequently shall be submitted to the laws and regulations to which natives are subjected in the place of his residence. This obligation, however, shall in no respect embarrass the exercise of his consular functions, or affect the inviolability of the consular archives.
The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and einprisonment 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 rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation 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 bo 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 three mouths from the day of their arrest, they shall be set at liberty and shall not again be arrested for the same cause. If, however, the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case should be depending shall have pronounced its sentence and such sentence shall have been carried into execution.
The citizens and subjects of each of the contracting parties shall have power to dispose of their personal goods within the jurisdicp,TM<m»i iood., tjon o|. ^e other, by testament, donation, or otherwise, and their representatives, being citizens or subjects of the other party, shall succeed to their said personal goods,whether by testament or abintestate, and may take possession thereof either by themselves or by others acting for them and dispose of the same at will, paying such taxes and dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And, in case of the absence of the representatives, such care shall be taken of the said goods as would be taken of the goods of a native of the same country in like case, until the law full owner may take measures for receiving them. And if a question shoald arise among several claimants as to which of them said goods belong, the same shall finally be decided by the laws and judges of the laud Arherein the said goods are. And where, on the death of any person holding in em «r t..i real estate within the territories of one of the contracting *"*"■ parties, such real estate would by the laws of the land
descend on a citizen or subject of the other party who by reason of alienage may be incapable of holding it, he shall be allowed a reasonable time to sell 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, taxes, or charges than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases.
The present treaty shall continue in force for ten years, counting from i>»r«tioi. or a,,, tho day of the exchange of the ratifications; and if, twelve irMU. months before the expiration of that period, neither of the
high contracting parties shall have announced to the other by an official notification its intention to arrest the operation of the said treaty, it shall remain obligatory one year beyond that time, and so on until the expiration of the twelve months which will follow a similar notification, whatever is the time at w hich it may take place.
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 the Senate thereof, and by His Majesty the King of Sardinia; and the ratifications shall be exchanged in the city of Washington within ten months from the date of the signature thereof, or sooner if possible.
In faith whereof the Plenipotentiaries of the contracting parties have signed the present treaty, and thereto affixed their respective seals. Done at Genoa this 20th November, 1838.
NATHANIEL NILES. [L.
SOLAR HE LA MARGUERITE. \l.
Circumstances of a peculiar nature rendering it necessary for His fa. Sardinian Majesty to continue for a time differential duties, TM" to the disadvantage of foreign flags, on grain, olive-oil, and
wine, imported directly from the Black Sea, the ports of the Adriatic, and of those of the Mediterranean, as far as Cape Trafalgar, nothwithstanding the general provisions of the articles No. 2, 3, aud 4 of the present treaty, it is distinctly understood and agreed by the high contracting parties, that the United States shall have full and entire liberty to establish countervailing differential duties on the same articles imported from the same places to the disadvantage of the Sardinian flag, in case the existing or any other differential duties on the said articles shall be continued in force, to the disadvantage of the flag of the United States of America, by His Sardinian Majesty, beyond a period of four years, counting from the day of the exchange of the ratifications of the present treaty and separate article, but all countervailing differential duties on the said articles shall cease to be exacted from the time the United States Government shall have been informed officially of the discontinuance of differential duties on the part of His Sardinian Majesty.
The present separate article shall have the same force and value as if it were inserted word for word in the treaty signed this
i _i i iii. j • r» i • n Effect of thin article.
day, and shall be ratified in the same time.
In faith whereof we, the undersigned, by virtue of our full powers, have signed the present separate article, and thereto affixed our respective seals.
Done at Genoa the 2Gth November, 1838.
CONVENTION FOR THE MUTUAL ABOLITION OP THE DROIT D^UBAINE AND TAXES ON EMIGRATION. CONCLUDED MAY 14, 1845; RATIFICATIONS EXCHANGED AUGUST 12, 1846; PROCLAIMED SEPTEMBER 9,1846.
The United States of America, on the one part, and His Majesty the King of Saxony, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects, have agreed to enter into negotiations for this purpose. For the attainment of this desirable object, the President of the United States of America has conferred full powers on Henry Wheaton, their Euvoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, and His Majesty the King of Saxony upon John DeMinckwitz, his Minister of State, Lieutenant-General, Envoy Extraordinary and Minister Plenipotentiary at the said Court;
Who, after having exchanged their said full powers, found in dne and proper form, have agreed to the following articles:
Every kind of droit d'aubaine, droit de retraite, and droit de detracD,oii d'aubaine, tion or tax on emigration, is hereby and shall remain abo*c.buii.i.ed. lished between the two contracting parties, their States, citizens, and subjects, respectively.
Where, on the death of any person holding real property within the terHeirstorrj,,TM,- ritories of one party, such real property would by the laws i"J.r.,l!,r»;!d"»";h" of the land descend on a citizen or subject of the other, dnm.hebrocwd.. were ]}q not disqualified by alienage, or where such real property has been devised by last will and testament to such citizen or subject, he shall be allowed a term of two years from the death of such person—which term may be reasonably prolonged according to circumstances—to sell the same and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction on the part of the Government of the respective States.
The citizens or subjects of each of the contracting parties shall have ,m\ »„b Power to dispose of their personal property within the States
jecta of each party
of the other, by testament, donation, or otherwise; ana Jtc,, of their prtiin- '- their heirs, being citizens or subjects of the other contracttbVotbc'r. i'J.Tdu-' ing party, shall succeed to their said personal property) «TM,»'SUd"bT,£ whether by testament or ab in testa to, and may take possession thereof, either by themselves or by others acting for