Slike strani

Royal Navy of either of the two high Contracting Parties, authorized to make such visit as aforesaid, should proceed to visit any merchant ship or ships under the flag, and proceeding under the convoy of any vessel or vessels of the Royal Navy of the high Contracting Party, and the Commanding Officer of the ship duly authorized and instructed to make such visit, shall proceed to effect the same in communication with the Commanding Officer of the convoy, who, it is hereby agreed, shall give every facility to such visit, and to the eventual detainer of the merchant ship or ships so visited, and in all things assist to the utmost of his power in the due execution of the present Convention. according to the true intent and meaning thereof.

5th. It is further niutually agreed, that the Commanders of the ships of the two Royal Navies, who shall be employed on this service, shall adhere strictly to the exact tenor of the Instructions which they shall receive for this purpose.

IV. As the two preceding Articles are entirely reciprocal, the two high Contracting Parties engage mutually to make good any losses which their respective subjects may incur unjustly, by the arbitrary and illegal detention of their vessels; it being understood that this indemnity shall invariably be borne by the Government whose cruisers shall have been guilty of the arbitrary detention; and that the visit and detention of ships specified in this Article shall only be effected by those British or Netherland vessels which may form part of the two Royal Navies, and by those only of such vessels which are provided with the special Instructions annexed to the present Treaty, in pursuance of the provisions thereof.

V. No British or Netherland cruizer shall detain any ship whatever not having Slaves actually on board; and in order to render lawful the detention of any ship, whether British or Netherland, the Slaves found on board such vessel must have been brought there for the express purpose of the traffic.

VI. All ships of the Royal Navies of the two nations, which shall hereafter be destined to prevent the traffic in Slaves, shall be furnished by their respective Governments with a copy of the Instructions annexed to the present Treaty, and which shall be considered as an integral part thereof.

These Instructions shall be written in the Dutch and English languages, and signed for the vessels of each of the two Powers, by the Minister of their respective marine.

The two high Contracting Parties reserve the faculty of altering the said instructions, in whole or in part, according to circumstances; it being, however, well understood, that said alterations cannot take place but by the common agreement, and by the consent of the two high Contracting Parties.

VII. In order to bring to adjudication, with the least delay and inconvenience, the vessels which may be detained for having been engaged in a traffic of Slaves, according to the tenor of the Fifth Article of this Treaty,

there shall be established, within the space of a year at furthest from the exchange of the ratifications of the treaty, two mixed Courts of Justice, fo med of an equal number of individuals of the two nations, named for this purpose by their respective Sovereigns.

These Courts shall reside-one in a possession belonging to His Britannic Majesty, the other within the territories of His Majesty the King of the Netherlands; and the two Governments, at the period of the exchange of the ratifications of the present Treaty, shall declare, each for its own dominions, in what places the Court shall respectfully reside. Each of the two high Contracting Parties reserving to itself the right of changing, at its pleasure, the place of residence of the Court held within its own dominions; provided, however, that one of the two Courts shall always be held upon the coast of Africa, and the other in one of the colonial possessions of His Majesty the King of the Netherlands.

These Courts shall judge the Causes submitted to them according to the terms of the present Treaty, without appeal, and according to the Regula tious and Instructions annexed to the present Treaty, of which they shall be considered as an integral part.

VIII. In case the Commanding Officer of any of the ships of the Royal Navies of Great Britain, and the Netherlands, commissioned under the Second Article of this Treaty, shall deviate in any respect from the dispositions of the said Treaty, and shall not be enabled to justify himself, either by the tenor of the said treaty, or of the instructions annexed to it; the Government which shall conceive itself to be wronged by such conduct, shall be entitled to demand reparation, and in such case the Government, to which the captor may belong, binds itself to cause enquiry to be made into the subject of the complaint, and to inflict upon the captor, if he be found to deserve it, a punishment proportioned to the transgression which may have been committed.

In witness whereof the respective Plenipotentiaries have signed the same, and thereunto affixed the seals of their arms.

Done at the Hague, the 4th day of
Signed CLANCARTY, [L. S.]

May, in the year our Lord, 1818.
A. W. C. DE NAGELL, [L. S.]


No. 20. Convention between Gt. Britain and Russia. Signed at St.Petersburg, February 28, 1825. [Navigation, &c. on the Pacific Ocean] TRANSLATION.

In the Name of the Most Holy and Undivided Trinity.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of all the Russias, being desirous of drawing still closer the ties of good understanding and friendship which unite them, by means of an agreement which may settle, upon the basis of reciprocal convenience, different points connected with the commerce, navigation, and fisheries, of their subjects on the Pacific ocean, as well as the

limits of their respective possessions on the north-west coast of America, have named Plenipotentiaries to conclude a Convention for this purpose, that is to say:-His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honorable Stratford Canning, a Member of Dis said Majesty's Most Honorable Privy Council, &c. and His Majesty the Emperor of all the Russias, the Sieur Charles Robert Count de Nesselrode, His Imperial Majesty's Privy Councillor, a Member of the Council of the Empire, Secretary of State for the Department of Foreign Affairs, &c. and the Sieur Pierre de Poletica, His Imperial Majesty's Councillor of State, &c.— Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and signed the following Articles:

ART. I. It is agreed that the respective subjects of the High Contracting Parties shall not be troubled or molested, in any part of the ocean, commonly called the Pa ific ocean, either in navigating the same, in fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following Articles:

II. In order to prevent the right of navigating and fishing, exercised upon the ocean by the subjects of the High Contracting Parties. from becoming the pretext for an illicit commerce, it is agreed that the subjects of His Britannic Majesty shall not land at any place where there may be a Russian establishment, without the permission of the Governor or Commandant; and, on the other hand, that Russian subjects shall not land, without permission, at any British establishment, on the north-west coast.

III. The line of demarcation between the possessions of the High Contracting Parties, upon the coast of the Continent, and the islands of America to the north west shall be drawn in the manner following:

Commencing from the southernmost point of the island called Prince of Wales island, which point lies in the parallel of 54 degrees 40 minutes, north latitude, and between the 131st and the 133d degree of west longitude (meridian of Greenwich,) the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last mentioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude (of the same meridian ;) and, finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen ocean, shall form the limit between the Russian and British possessions on the continent of America to the north west.

IV. With reference to the line of demarcation laid down in the preceding Article it is understood:

1st. That the island called Prince of Wales Island shall belong wholly to Russia.

2d. That whenever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude shall prove to be at the distance of more than 10 marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia, as abovementioned, shall be formed by a line parallel to the windings of the Coast, and which shall never exceed the distance of 10 marine leagues therefrom.

V. It is moreover agreed, that no establishment shall be formed by either of the two parties within the limits assigned by the two preceding Articles to the possessions of the other; consequently, British subjects shall not form any establishment either upon the coast, or upon the border of the continent comprised within the limits of the Russian possessions, as designated in the two preceding Articles; and, in like manner, no establishment shall be formed by Russian subjects beyond the said limits.

VI. It is understood that the subjects of His Britannic Majesty, from whatever quarter they may arrive, whether from the ocean, or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams which, in their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in Article III. of the present Convention.

VII. It is also understood, that, for the space of 10 years from the signature of the present Convention, the vessels of the two Powers, or those belonging to their respective subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks on the coast mentioned in Article III. for the purposes of fishing and of trading with the natives.

VIII. The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of 10 years from the date of the exchange of the ratifications of the present Convention. In the event of an extension of this term of 10 years being granted to any other Power, the like extension shall be granted also to Great Britain.

IX. The abovementioned liberty of commerce shall not apply to the trade in spirituous liquors, in fire arms, or other arms, gunpowder or other warlike stores; the High Contracting Parties reciprocally engaging not to permit the abovementioned articles to be sold or delivered, in any manner whatever, to the natives of the country.

X. Every British or Russian Vessel navigating the Pacific Ocean, which may be compelled by storms or by accident, to take shelter in the ports of the respective Parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and to put to sea again, without paying any other than port and light-house dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his merchandize in order to de


fray his expences, he shall conform himself to the regulations and tariffs of the place where he may have landed.

XI. In every case of complaint on account of an infraction of the Articles of the present Convention, the civil and military authorities of The High Contracting Parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report of the matter to their respective Courts, who engage to settle the same, in a friendly manner, and according to the principles of justice.

XII. The present Convention shall be ratified, and the ratifications shall be exchanged at London, within the space of 6 weeks, or sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at St. Petersburgh, the 28th day of February, in the year of our Lord, 1825.


No 21. Treaty between Russia and Turkey. Convention explanatory of the Treaty of Bucharest. Signed at Akerman, Oct. 25, 1826.


ART. 7. The reparation of damages caused to the subjects and merchants of the Imperial Court of Russia, by the corsairs of the regencies of Algiers, Tunis, and Tripoli; and the full and eutire execution of the stip. ulations of the treaty of commerce and of the 7th article of the treaty of Jassy, being strictly obligatory upon the Sublime Porte, in virtue of the express clauses of the 12th article of the treaty of Bucharest, which, conjointly with the 3d article, renew and confirm all the anterior transactions-the Sublime Porte solemnly reiterates the promise to fulfil hereafter, with the most scrupulous fidelity, all its engagements in that respect. In consequence:

1st. The Sublime Porte will use all its endeavours to prevent the corsairs of the Regencies of Barbary, under any pretext whatever, from disturbing the commerce and navigation of Russia ; and in case of depredations on their part, of which the Porte shall have been informed, it engages to cause restitution to be made without delay, of all the prizes made by the said corsairs, to indemnify the Russian subjects for the losses they may have sustained; to address for that purpose a rigorous firman to the Regencies of Barbary, in a manner that will not render it necessary to repeat it a second time; and in case the said firman should not have been executed,to pay the amount of the indemnity from the Imperial treasure, within the term of two months, as specified in the 7th article of the Treaty of Jassy, from the day of the reclamation which shall have been made of the property, by the -Russian Minister, with the verification which shall have been taken.

2d. The Sublime Porte promises to observe rigorously, all the conditions of the said Treaty of Commerce, to remove all the prohibitions con

« PrejšnjaNaprej »