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ard'H U. S. .Register, 177,'244.) _
Native Afric ans, unlawfully kidnapped1 and imported into a Spanish colony, contrary to the laws (if Spain, arc nbt merohatidise; nor can any person show thai heis entltiea
to them as their proprietor; nor are they, pirates or robbers if tRej Hse and ItiTl the rhaster a ml fake possession .ttt the Vessel to rogaititrleir'liberty. 1 (2r%id.)' . Native Africans unlawfully detained on board 4,.Spanish vessel, are not tionpfftiy'Sl treaty tletweetr the l/nited States and Spain, but rnay, as 'foreigners' to both oonnttw^ assert their rights to their liberty before our courts. (Ibid.^ ... v> _ *
The King and the United States engage mutually not to grant herer.roc. fr.mei &fter any particular favour to other nations in respect to .Toe.!TM-*. commerce and navigation which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
The subjects of the King of Sweden shall not pay in the ports, havens, r weden roaas> countries, islands, cities, and towns of the United «n\!'tw"0thr°«m. States, or in.any of them, any other nor greater duties or St«e.T.\'h° m°o*t imposts, of what nature soever they may be, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another of the United States, or in going to or from the same, from or to any part of the world whatever.
The subjects and inhabitants of the said United States shall not pay ciii..n.of the in the ports, havens, roads, islands, cities, and towns under S'ioTi^"."'; the dominion of the King of Sweden, any other or greater J»7hTMt\i"our°d duties or imposts, of what nature soever they may be, or by wioat what name soever called, than those which the most favoured
nations are or shall be obliged to pay; and they shall enjoy all the • rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another of the dominion of His said Majesty, or in going to or from the same, from or to any part of the world what over.
There shall be granted a full, perfect, and entire liberty of conscience Liberty of en- to the inhabitants and subjects of each party; and no per«:ien«.tc,~cured. son sijaii oe molested on account of his worship, provided he submits so far as regards the public demonstration of it to the laws of the country. Moreover, liberty shall be granted, when any of the subjects or inhabitants of either party die in the territory of the other, to bury them in convenient and decent places, which shall be assigned for the purpose; and the two contracting parties will provide each in its jurisdiction, that the subjects and inhabitants respectively may obtain certificates of the death, in case the delivery of them is required.
The subjects of the contracting parties in the respective States may freely dispose of their goods and effects, either by testament, donation, or otherwise, in favour of such persons as they think proper; and their heirs, in whatever place they shall reside, snail receive the succession even ab iutestato, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, as well as the capitals and effects which the subjects
of the two parties, in changing their dwelling, shall be desirous of removing from the place of their abode, shall be exempted from all duty called "droit de detraction" on the part of the Government of the two States, respectively. But it is at the same time agreed that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations, or which may hereafter be published, which shall remain in full force and vigor. The United States, on their part, or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper.
All and every the subjects and inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels, in all safety and freedom, and «T^S"tHh"u11! without any regard to those to whom the merchandizes and oU"r' cargoes may belong, from any port whatever; and the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their vessels, and, with the same liberty and safety, to fre/ queut the places, ports, and havens of Powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same or of different Priuces. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the merchandizes free, and that everything which shall be board of ships belonging to subjects of the one or the other co,"r,lb"lldl,rt'cI•" of the contracting parties shall be considered as free, even though the cargo, or a part of it, should belong to the enemies of one or both, it is nevertheless provided that contraband goods shall always be excepted; which being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed that the same liberty be extended to persons w ho may be on board a free ship, with this effect, that, although they be enemies to both or either of the parties, they shall not be taken out of the free ship, unless they are soldiers in the actual service of the said enemies.
This liberty of navigation and commerce shall extend to all kinds of merchandizes, except those only which are expressed in the following article, and are distinguished by the name of contraband goods.
Under the name of contraband or prohibited goods shall be comprehended arms, great guns, cauuon-balls, arquebuses, musquets, mortars, bombs, petards, granadoes, saucisses, pitch- Contr»b""d «°°J"balls, carriages for ordnance, inusquet-rests, bandoleers, cannon-powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halbards, javelins, pistols and their holsters, belts bayonets, horses with their harness, and all other like kinds of arms and instruments of war for the use of troops.
These which follow shall not be reckoned in the number of prohibited Oooj..otcootTM, goods, that is to say: All sorts of cloths, and all other k"i manufactures of wool, flax, silk, cotton, or any other mate
rials; all kinds of wearing apparel, together with the things of which they are commonly made; gold, silver coined or uncoined, brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts of corn or pulse, tobacco; all kinds of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oyl, wines, sugar; all sorts of salt and provisions which serve for the nourishment and sustenance of man; all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloth, anchors, and any parts of anchors, ship-masts, planks, boards, beams, and all sorts of trees and other things proper for building or repairing ships. Nor shall any goods be considered as contraband which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use: all which shall be reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the foregoing article, so that they shall not by any pretended interpretation be comprehended among prohibited or contraband goods. On the contrary, they may be freely transported by the subjects of the King and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested; and those places only shall be considered as such which are nearly surrounded by one of the belligerent powers.
In order to avoid and prevent on both sides all disputes and discord, it is agreed that, in ease one of the parties shall be engaged »h,°, «!d\Z,Z"n in a war, the ships and vessels belonging to the subjects or sea-letters and cer- inhabitants of the other shall be furnished with sea letters or passports, expressing the name, property, and port of the vessel, and also the name and place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the subjects of the one or the other party. These passports, which shall be drawn up in good and due form, shall be renewed every time the vessel returns home in the course of the year. It is also agreed that the said vessels, when loaded, shall be provided not only with sea-letters, but also with certificates containing a particular account of the cargo, the place from which the vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandizes mentioned in the 9th article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart.
Although the vessels of the one and of the other party may navigate freely and with all safety, as is explained in the 7th article, hiuitTb'i* they shall, nevertheless, be bound, at all times when re'Tr""o TMrnt'Xnd quired, to exhibit, as well on the high sea as in port, their ,0,.mwpasSp0Its and certificates above mentioned; and, not having contraband merchandize on board for an enemy's port, they may freely and without hindrance pursue their voyage to the place of their destination. Nevertheless, the exhibition of papers shall not be de