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PORTUGAL.

PORTUGAL, 1840.

TREATY OF COMMERCE AND NAVIGATION WITH PORTUGAL. CONCLUDED AUGUST 26, 1840; RATIFICATIONS EXCHANGED APRIL 23, 1841; PROCLAIMED APRIL 24, 1841.

In the Name of the Most Holy and Undivided Trinity.

The United States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States; of extending, also, and consolidating the commercial intercourse between them; and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity based upon principles of equity equally beneficial to both countries; have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation; and they have appointed as their Plenipotentiaries for that purpose, to wit:

The President of the United States of America, Edward Kavan[a]gh, their Chargé d'Affaires at the Court of Her Most Faithful Majesty'; and Her Most Faithful Majesty, the most illustrious and most excellent John Baptist de Almeida Garrett, First Historiographer to her said Majesty, of her Council, Member of the Cortes, Knight of the ancient and most noble Order of the Tower an[d] Sword, Knight Commander of the Order of Christ, Officer of the Order of Leopold in Belgium, Judge of the Superior Court of Commerce, Envoy Extraordinary and Minister Plenipotentiary to Her Catholic Majesty;

Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles:

ARTICLE I.

Reciprocal liberty of commerce and navigation.

There shall be, between the territories of the high contracting parties, a reciprocal liberty of commerce and navigation. The citizens and subjects of their respective States shall, mutually, have liberty to enter the ports, places, and rivers of the territories of each party, wherever foreign commerce is or shall be permitted. They shall be at liberty to sojourn and reside in all parts of said territories, in order to attend to their affairs; and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce.

ARTICLE II.

Vessels of either party put the

Vessels of the United States of America arriving, either laden or in ballast, in the ports of the Kingdom and possessions of Portugal; and, reciprocally, Portuguese vessels arriving, of national either laden or in ballast, in the ports of the United States of vessels.

America, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels, coming from the same place, with respect to the duties of tonnage, light-house duties, pilotage, port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied upon vessels of commerce, in the name or to the profit of the Government, the local authorities, or of any public or private establishment, whatsoever.

No other or higher

on importations, &c.

ARTICLE III.

No higher or other duties shall be imposed on the importation into the Kingdom and possessions of Portugal of any article duties to be imposed the growth, produce, or manufacture of the United States of America; and no higher or other duties shall be imposed on the importation into the United States of America of any article the growth, produce, or manufacture of the Kingdom and possessions of Portugal, than such as are or shall be payable on the like article being the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the growth, produce, or manufacture of be general. the United States of America, or of the Kingdom and possessions of Portugal, to or from the ports of the said Kingdom and possessions of Portugal, or of the said States, which shall not equally extend to all other foreign nations.

All prohibitions to

No other or higher

Nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any articles to duties to be imposed the United States of America, or to the Kingdom of Portuon exportations, &c. gal, respectively, than such as are payable on the exportation of the like articles to any other foreign country.

Provided, however, that nothing contained in this article shall be understood, or intended, to interfere with the stipulation entered into by the United States of America, for a special equivalent, in regard to French wines, in the convention made by the said States and France, on the fourth day of July, in the year of our Lord one thousand eight hundred and thirty-one; which stipulation will expire, and cease to have effect, in the month of February, in the year of our Lord one thousand eight hundred and forty-two..

vessels of either

party.

ARTICLE IV.

The same duties shall be paid, and the same bounties, deductions, or Same duties on im privileges allowed, on the importation into the Kingdon portations, &c. in and Possessions of Portugal, of any article the growth, produce, or manufacture of the United States of America, whether such importation shall be in vessels of the said States, or in Portuguese vessels; and, reciprocally, the same duties shall be paid, and the same bounties, deductions, or privileges allowed, on the importation into the United States of America, of any article the growth, produce, or manufacture of the Kingdom and possessions of Portugal, whether such importation shall be in Portuguese vessels, or in vessels of the said States.

Favors granted by

ARTICLE V.

It is agreed by the high contracting parties that, whenever there may be lawfully imported into all or any of the ports of the Kingeither party to other dom and possessions of Portugal, in vessels of any foreign country, articles of the growth, produce, or manufacture of

nations, to become

common.

a country other than that to which the importing vessels shall belong, the same privilege shall immediately become common to vessels of the United States of America, with all the same rights and favors as may, in that respect, be granted to the most favored nation. And, reciprocally, in consideration thereof, Portuguese vessels shall thereafter enjoy, in the same respect, privileges, rights, and favors, to a correspondent extent, in the ports of the United States of America.

ARTICLE VI.

may be

No higher or other

duties on exporta

tions, &c., than are

All kinds of merchandise and articles of commerce, which lawfully exported or re-exported from the ports of either of the high contracting parties to any foreign country, in na tional vessels, may also be exported or re-exported therefrom paid by national vesin vessels of the other party, respectively, without paying other or higher duties or charges, of whatever kind or denomination, than if the same merchandise or articles of commerce were exported or re-exported in national vessels.

sels.

And the same bountries and drawbacks shall be allowed, whether such exportation or re-exportation be made in ves- same sels of the one party or the other.

ARTICLE VII.

Bounties, &c., the in vessels of either party.

It is expressly understood that nothing contained in this treaty shall be applicable to the coastwise navigation of either of the Coasting trade extwo countries, which each of the high contracting parties cepted. reserves exclusively to itself.

ARTICLE VIII.

It is mutually understood that the foregoing stipulations do not apply to ports and territories, in the Kingdom and possessions of Foregoing stipulaPortugal, where foreign commerce and navigation are not tions not applicablė admitted; and that the commerce and navigation of Portugal directly to and from the United States of America and the said ports and territories are also prohibited.

to certain ports.

Said ports, &c.,

foreign nation, to be open to United States.

But Her Most Faithful Majesty agrees that, as soon as the said ports and territories, or any of them, shall be opened to the commerce or navigation of any foreign nation, they shall, from when opened to any that moment, be also opened to the commerce and navigation oper of the United States of America, with the same privileges, rights, and favors as may be allowed to the most favored uation, gratuitously, if the concession was gratuitously made, or on allowing the same compensation or an equivalent if the concession was conditional.

ARTICLE IX.

&c.

Whenever the citizens or subjects of either of the contracting parties shall be forced to seek refuge or asylum in any of the rivers, Protection to ves bays, ports, or territories of the other, with their vessels, sels seeking refuge, whether merchant or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor, facility, and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind.

ARTICLE X.

Each party to have

other's ports.

The two contracting parties shall have the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Agents, and Consuls, &c, in each Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nation. But before any Consul, Vice-Consul, Agent, or Commissary shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent.

Of Consuls engag

But, if any such Consuls shall exercise commerce, they shall be submitted to the same laws and usages to which the private. ing in commerce, individuals of their nation are submitted, in the same place, in respect of their commercial transactions.

And it is hereby declared that, in case of offense against the laws, such Consul, Vice-Consul, Agent, or Commissary may either be punished according to law or be sent back, the offended Government assigning to the other reasons for the same.

Consuls violating the laws.

The archives and papers of the consulates shall be respected inviolaConsular archives bly; and under no pretext whatever shall any magistrate seize or in any way interfere with them.

inviolable.

be decided by Consul, &c.

The Consuls, Vice Consuls, and Commercial Agents shall have the Disputes between right, as such, to sit as judges and arbitrators in such difAmericans, &to ferences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captains should disturb the order or the tranquillity or offend the laws of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported.

It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right may resort to judicial they have to resort, on their return, to the judicial authorities of their country.

Contending parties

authorities, &c.

ARTICLE XI.

The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant-vessels of their coun

Consuls, &c., may require the aid of the Civil authorities to arrest deserters.

try.

How the demand shall be made.

For this purpose they shall apply to the competent tribunals, judges, and officers, and shall in writing demand the said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall be made without delay.

Deserters, when

Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may arrested, how to be be confined in the public prisons, at the request and cost of disposed 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 four months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the

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.

ARTICLE XII.

&c.

Power to dispose

The citizens and subjects of each of the high contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by testament, donation, or other of personal goods, 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.

In case of real to sell the same, &c.

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 land, descend on a citizen estate, time allowed or subject of the other party, who, by reason of alienage, 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.

ARTICLE XIII.

Favors in naviga

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 tion, &c., to become granted to such other nation, or on yielding the same compensation or an equivalent, quam proximè, where the grant is conditional.

ARTICLE XIV.

common.

The United States of America and Her Most Faithful Majesty, desiring to make as durable as circumstances will permit, the relations The following which are to be established between the two parties, by points agreed to. 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 Duration of the the contracting parties shall have given notice to the other treaty.

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

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