« AnteriorContinuar »
with their original cargoes, or part thereof, from one port of discharge to another, are not to be considered as carrying on the coasting-trade. Neither is this article to be construed to allow the citizens of the said states to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there, and if any transgression should be attempted against the regulations of the British government in this respect, the observance of the same shall and may be enforced against the citizens of America in the same manner as against British subjects or others transgressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbor in the said territories, or if they should be permitted in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction of what nature established in such harbor, port or place, according as the same may be. The citizens of the United States may also touch for refreshment at the island of St. Helena, but subject in all respects to such re. gulations as the British government may from time to time establish there.
ARTICLE XIV. There shall be between all the dominions of his Majesty in Europa and the territories of the United States, a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively, shall have liberty freely and securely, and without hindrance and molestation, to come with their ships and car: goes to the lands, countries, cities; ports, places and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time: Also to hire and possess houses and ware-houses for the purposes of their commerce, and generally the merchants and traders on each side, shall enjoy the most complete protection and security for their conmerce ; but subject always'as to what respects this article, to the laws and statutes of the two countries respectively.
ARTICLE XV. It is agreed that no other or higher duties shall be paid by the ships or merchandise of the one party in the ports of the other, than such ás are paid by the like vessels or merchandise of all other nations. Nor shall any other or higher duty be imposed in one country on the im. portation of any articles the growtli, produce or manufaclure of the other, 'than are or shall be payable on the importation of the like ariicles being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations.
But the British government reserves to itself the right of imposing on American vessels entering into the British ports in Europe, a tonnage-duty equal to that which shall be payable by British vessels in the ports of America : And also such duty as may be adequate to countervail the difference of duty now payable on the importation of European and Asiatic goods, when imported into the United States in British or in American vessels.
: The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects and people, in such manner' as may be most beneficial to the two countries. The ar-, rangements for this purpose shall be made at the same time, with those mentioned at the conclusion of the twelfth article of this treaty, and are to be considered as a part thereof. In the interval it is agreed, that the United States will not impose any new or additional tonnage-duties on British vessels, nor increase the now-subsisting difference between the duties payable on the importation of any articles in British or in American vessels.
ARTICLE XVI. It shall be free for the two contracting parties, respectively to appoint consuls for the protection of trade, to reside in the dominions and territories aforesaid ; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function. But before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent ; and it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be pun, * ished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other their reasons for the same.
Either of the parties may except from the residence of consuls such particular places, as such party shall judge proper to be so excepted,
ARTICLE XVII. It is agreed, that in all cases where vessels shall be captured or detained on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war; the said vessel shall be brought to the nearest or most convenient port; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy'shall be made prize, and the vessel shall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in deciding the cases of ships or cargoes so brought in for adjudication; and in the payment or recovery of any inçemnification, adjudged or agreed to be paid to the masters or owners of such ships.
ARTICLE XVII!. In order to regulate what is in future to be esteemed contraband of Far, it is agreed, that under the said denomination shall be comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, muskel-rests, bandoliers, gunpowder, match, salt-petre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war; as also timber for ship-building, tar or rosin, copper in sheets, sails, hemp, and corrlans, and generally whateVer may serve directly to the equipment of vesseis, un wronght iron and fir-planks only excepted ; and all the above articles are hereby de. clared to be just objects of confiscation, whenever they are attempied to be carried to an enemy.
And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contraband inay be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise : It is further agreed, that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified"; and the captors, or in their default, the government under whose authority they act, shall pay to the mas ters or owners of such vessels, the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.
And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is either besieged, blockaded or invested; it is agreed, that every vessel so circumstanced, may be turned away from such port or place, but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter"; but she shall be permitted to go to any other port or place she may think proper : Nor shallany vessel or goods of either party, that may have entered into such port or place, before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof.
ARTICLE XIX. And that more abundant care may be taken for the security of the respective subjects and citizens of the contracting parties, and to pre. vent their suffering injuries by the men of war, or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them, and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be,
For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of fifteen hundred pounds sterling, or if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling, to satisfy all damages and injuries, which the said privateer, or her officers or men, or any of them may do or commit der ing thuil cruise, contrary to the tenor of this treaty, or to the laws and instructions for regulating their conduct; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled.
It is also agreed that whenever a judge of a court of admiralty of either of the parties, shall pronounce sentence against any vessel, er goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in
the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same.
ARTICLE XX. It is further agreed that both the said contracting parties, shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbor, conceal or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be gulty of such acts or offences.
And all their ships with the goods or merchandises taken by them and brought into the port of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners, or their factors or agents, duly deputed and authorized in writing by them (proper evidence being first given in the court of admiralty for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reason to believe, or suspect that they had been piratically taken.
ARTICLE XXI. , It is likewise agreed, that the subjects and citizens of the two nás tions, shall not do any acts of hostility or violence against each other, por accept commissions or instructions so to act from any foreign prince or state, enemies to the other party ; nor shall the enemies of one of the parties be permitted to invite, or endeavor to inlist in their military service, any of the subjects or citizens of the other party; and the laws against all such offences and aggressions shall be punctually executed. And if any subject or citizen of the said parties respectively, shall accept any foreign commission, or letters of marque, for arm. ing any vessel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the said party, to treat and punish the said subject or citizen, having such commission or letters of marque, as a pirate.
ARTICLE XXII. It is expressly stipulated, that neither of the said contracting parties : will order or authorize any acls of reprisal against the other, on com, plaints of injuries or damazes, until the said party shall first have presented to the other a statement thereof, verified by competent prouf and evidence, and demanded justice and satisfaciion, and the same shall either have been refused or unreasonably delayed.
ARTICLE XXIII. The ships of war of each of the contracting parties shall, at all times, be hospitably received in the ports of the other, their oflicers and crews paying due respect to the laws and governmeni ofthe country. The othcers shall be trcated with that respect which is due to the commissions which they bear, and ifany insult should be offered to them by any of the inhabitants, all oilladers in this respect shall be punished as disturber's of the peace and amity between the two countries. And bis Majesty consents, that in case an American vessel should, by stress of weataer, danger from enemies or other misfortune, be reduced to the necessity of seeking shelter in any of his Majesty's ports, into which such vessel could not in ordinary cases claim to be almitted, she shall, on manifesting that necessity to the satisfaction of the government of ihe place, be hospitably received and be permitted to rent, and to purchase at
the market price, such necessaries, as she may stand in need of, con : formably to such orders and regulations as the government of the place,
having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bona fide necessary to her being rehitted. Nor shall she be per. mitted to sell any part of her cargo, unless so much only as may be necessary. to defray her expenses, and then not without the express permission of the government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.
ARTICLE XXIV. It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commissions from any other prince or state in enmity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same ; nor shall they be allowed to purchase more provisions, than shall be necessary. for their going to the nearest port of that prince or state from whom they obtained their commissions.
ARTICLE XXV. It shall be lawful for the ships of war and privateers belonging to the said parties respectively, to carry whithersoever they please, the ships and goods taken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor shall the said prizes when they arrive at, and enter the ports of the said parties, be detained or seized, neither shall the searchers or other, officers of those places visit such prizes, (except for the purpose of preventing the carrying of any part of the cargo thereoi on shore in any manner contrary to the established laws of revenue, navigation or commerce) nor shall such officers take cognizance of the validity of such prizes ; but they shall be at liberty to hoist sail, and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to shew. No shelter or refage shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties ; but if forced by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. · Nothing in this treaty contained shall, hor. ever, be construed, or operate contrary to former and existing public treaties with other sovereigns or states. But the two parties agree, that while they continue in amity, neither of them will in future make any treaty that shall be inconsistent with this or the preceding article.
Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other, to be taken within cannon shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war, or others having commission from any prince, repubiic or state whatever. But in case it should so happen, the party vfrose territorial rights shall thus have been violated, shall use his utmost endeavors to oulain from the offending party, full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or erchant resseis.