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PORTUGAL.

1840.

TREATY OF COMMERCE AND NAVIGATION."

Concluded August 26, 1840; ratification advised by the Senate February 3, 1841; ratified by the President April 23, 1841; ratifications exchanged April 23, 1841; proclaimed April 24, 1841. and Conventions, 1889, p. 891.)

(Treaties

This general treaty of fourteen articles was terminated by notice of the Portuguese Government January 31, 1892.

1851.

CLAIMS CONVENTION.

Concluded February 26, 1851; ratification advised by the Senate March 7, 1851; ratified by the President March 10, 1851; ratifications exchanged June 23, 1851; proclaimed September 1, 1851. (Treaties and Conventions, 1889, p. 896.)

By this convention Portugal agreed to pay the United States $91,727 in full for all claims of American citizens against Portugal, except the claim of the brig General Armstrong, which was referred to an arbitrator. Louis Napoleon, President of France, was appointed arbitrator of the General Armstrong claim, and November 30, 1852, decided that no indemnity was due from Portugal to the United States on account of the claim.

1900.

RECIPROCAL COMMERCIAL ARRANGEMENT WITH PORTUGAL.

Signed May 22, 1899; proclaimed June 12, 1900. (U. S. Stats., vol. 31, p. 1913, 1974.)

I. Concessions by United States. II. Concessions by Portugal.

ARTICLES.

III. Termination.
IV. Ratification.

The President of the United States of America and His Most Faithful Majesty the King of Portugal and of the Algarves, equally animated by the desire to confirm the good understanding existing between

a Federal case: Oldfield v. Marriott, 10 How., 146.

them and to increase the commercial intercourse of the two countries, have deemed it expedient to enter into a reciprocal commercial Agreement to that end; and they have appointed as their Plenipotentiaries for that purpose, to wit:

The President of the United States of America, the Honorable John A. Kasson, Special Commissioner Plenipotentiary: and

His Most Faithful Majesty, the Viscount de Santo-Thyrso, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington:

Who, after an exchange of their respective full Powers, found to be in due and proper form, have agreed upon the following Articles: ARTICLE I.

Upon the following articles of commerce being the product of the soil or industry of Portugal or of the Azores and Madeira Islands imported into the United States the present rates of duty shall be reduced and shall hereafter be as follows, namely::

Upon argols, or crude tartar, or wine lees, five per centum ad valorem.

Upon still wines in casks, thirty-five cents per gallon; in bottles, per case of one dozen bottles, containing each not more than one quart and more than one pint, or twenty-four bottles containing not more than one pint, one dollar and twenty-five cents per case; and any excess beyond these quantities found in such bottles shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles.

Upon sparkling wines, in bottles containing not more than one quart and more than one pint, six dollars per dozen; containing not more than one pint each and more than one-half pint, three dollars per dozen; containing one-half pint each or less, one dollar and fifty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles, on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon.

Upon brandies or other spirits manufactured or distilled from grain or other materials, whether the product of Portugal or of the Portuguese Possessions, one dollar and seventy-five cents per proof gallon.

Upon paintings in oil or water colours, pastels, pen and ink drawings and statuary, fifteen per centum ad valorem.

ARTICLE II.

Reciprocally and in consideration of the preceding concessions, upon the following articles of commerce being the products of the soil or industry of the United States imported into the Kingdom of Portugal and the Azores and Madeira Islands, the rates of duty shall be as low as those accorded to any other country (Spain and Brazil being excepted from this provision) namely:

Tariff No. 325 Flour of cereals, except wheat.

Tariff No. 326 Maize in the grain.

Tariff No. 327 Wheat in the grain.

Tariff No. 354 Lard and grease.

Tariff No. 97

Tariff No. 98
Tariff No. 99

Mineral oils, and their products not elsewhere speci

fied in the Tariff.

Tariff No. 373. Reaping, mowing and thrashing machines, machines for compressing hay and straw, steam-plows, and separate parts of these machines and plow shares.

Tariff No. 386. Instruments, implements and tools for the arts, manufactories, agriculture, and gardening; and upon the following articles shall not exceed the rates hereinafter stated, namely:

Upon the foregoing machines and articles described in No. 373, five reis per kilogram.

Upon the instruments, implements and tools described above in No. 386, for use in agriculture and gardening, sixty reis per kilogram. Upon lighter mineral oils for illuminating purposes (density of 0.780 up to 0.820; point of ignition from 37° up to 49°) forty-six reis per litre.

Upon medium mineral oils (density above 0.820 and up to 0.860; point of ignition from 50° up to 150°) fifty-two reis per kilogram. Upon tar and mineral pitch ten reis per ton.

ARTICLE III.

It is mutually understood that His Most Faithful Majesty's Government reserves the right, after three months prior notification to the United States Government of its intention to do so, to arrest the operation of this Convention in case the United States shall hereafter impose a duty upon crude cork or coffee being the product of Portugal or of the Portuguese Possessions, or shall give less favorable treatment to the following articles being the product of Portugal or of her Possessions than that accorded to the like articles being the product of any other country not under the control of the United States, namely: argols, crude tartar or wine lees; coffee; cacao; wines; brandies; cork, raw or manufactured; sardines and anchovies preserved; and fruits, not preserved; but in respect to fruits the United States reserves the right to make special arrangements applicable to any of the West India Islands.

ARTICLE IV.

This Agreement shall be ratified by His Most Faithful Majesty so soon as possible, and upon official notice thereof the President of the United States shall issue his Proclamation giving full effect to the provisions of Article I of this Agreement. From and after the date of such Proclamation this Agreement shall be in full force and effect, and shall continue in force for the term of five years thereafter, and if not then denounced by either Party shall continue in force until one year from the time when one of the Parties shall have notified the other of its intention to arrest the operation thereof.

Done at Washington the twenty-second day of May in the year one thousand eight hundred and ninety-nine.

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PRUSSIA.

(SEE ALSO GERMAN EMPIRE AND NORTH GERMAN UNION.)

1785.

TREATY OF AMITY AND COMMERCE.

Concluded September 10, 1785; ratified by the Congress of the United States May 17, 1786; ratifications exchanged October, 1786. (Treaties and Conventions, 1889, p. 899.)

This treaty of twenty-seven articles expired by its own limitations October, 1796, but Article XII was revived by Article XII of the Treaty of 1828, page 646.

ARTICLE XII.-NEUTRALITY OF VESSELS.

Article 12. If one of the contracting parties, should be engaged in war with any other power, the free intercourse & commerce of the Subjects or Citizens of the party remaining neuter with the belligerent powers shall not be interrupted. On the contrary in that case as in full peace, the Vessel of the neutral party may navigate freely to & from the ports and on the coasts of the belligerent parties, free Vessels making free goods insomuch that all things shall be adjudged free which shall be on board any Vessel belonging to the neutral party, although such things belong to an enemy of the other: and the same freedom shall be extended to persons who shall be on board a free Vessel, although they should be enemies to the other party unless they be soldiers in actual service of such enemy.

1799.

TREATY OF AMITY AND COMMERCE.

Concluded July 11, 1799; ratification advised by the Senate February 18, 1800; ratified by the President February 19, 1800; ratifications exchanged June 22, 1800; proclaimed November 4, 1800. (Treaties and Conventions, 1889, p. 907.)

This treaty expired by its own limitations June 22, 1810; but the provisions of the articles printed hereunder were revived by Article XII of the Treaty of May 1, 1828, p. 646.

ARTICLES.

XIII. Detention of contraband goods. XX. Letters of marque.

XIV. Ship's papers in time of war.
XV. Visit to neutral ships.
XVI. Embargoes, seizures, etc.
XVII. Restoration of neutral ships.
XVIII. Asylum to vessels in distress.
XIX. Prizes.

XXI. Rules in case of war with common enemy.

XXII. Mutual protection of ships
against common enemy.

XXIII. Protection in case of war.
XXIV. Treatment of prisoners of war.

ARTICLE XIII.

And in the same case of one of the Contracting Parties being engaged in War with any other Power, to prevent all the difficulties and mis

understandings that usually arise respecting merchandize of contraband, such as arms, ammunition, and military stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of either Party, to the enemies of the other, shall be deemed contraband so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors, and it shall further be allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.

All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, salt-petre, sulphur, cuirasses, pikes, swords, belts, cartouch-boxes, saddles and bridles, beyond the quantity, necessary for the use of the ship, or beyond that which every man serving on board the vessel or passenger ought to have, and in general whatever is comprised under the denominaton of arms and military stores, of what description so ever, shall be deemed objects of contraband.

ARTICLE XIV.

To ensure to the vessels of the two Contracting Parties the advantage of being readily and certainly known in time of War, it is agreed that they shall be provided with the Sea-letters and Documents hereafter specified.

1. A Passport; expressing the name, the property, and the burthen of the vessel, as also the name and dwelling of the master, which Passport shall be made out in good and due form, shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the vessel be under convoy of one or more vessels of War, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination.

2. A Charter-party; that is to say, a contract passed for the freight of the whole vessel; or the bills of lading given for the cargo in detail. 3. The list of the ship's company, containing an indication by name and in detail of the persons composing the crew of the vessel.

These documents shall always be authenticated according to the forms established at the place from which the vessel shall have sailed. As their production ought to be exacted only when one of the contracting Parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo and company, they shall not be deemed absolutely necessary on board, such vessels belonging to the neutral party, as shall have sailed from its ports before, or within three months after the Govern

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