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Citizens personally responsible for a vio lation of this treaty.
infringe any of the articles of this treaty, such citizen or subject shall be held personally responsible for the same; and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.
Reprisals not to be
3d. If, (which, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or authorized, nor war infringed in any way whatever, it is expressly stipulated, declared, until, &c. that neither of the contracting parties will order or authorise any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed.
Ratifications to be
4th. The present treaty shall be approved and ratified by the Presi dent of the United States of America, by and with the adexchanged within Vice and consent of the Senate of the said States, and by eight months. Her Most Faithful Majesty, with the previous consent of the General Cortes of the nation, and the ratifications shall be exchanged, in the city of Washington, within eight months from the date hereof, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done in triplicate in the city of Lisbon, the twenty-sixth day of August, in the year of our Lord one thousand eight hundred and forty. EDWARD KAVANAGH.
JOÃO BAPTISTA DE ALMEIDA GARRETT. [L. S.]
[The treaty of August 26, 1840, did not restrict either Government from imposing discriminating duties on merchandise not the growth or production of the nation of the vessel carrying the same into the port of the other nation. (Oldfield vs. Marriott, 10 Howard, 146.)]
TREATY WITH PORTUGAL RELATIVE TO CERTAIN CLAIMS OF AMERICAN CITIZENS. CONCLUDED FEBRUARY 26, 1851; RATIFICATIONS EXCHANGED JUNE 23, 1851; PROCLAIMED SEPTEMBER 1, 1851.
The United States of America and Her Most Faithful Majesty the Queen of Portugal and of the Algarves, equally animated with the desire to maintain the relations of harmony and amity which have always existed, and which it is desirable to preserve between the two Powers, having agreed to terminate by a convention the pending questions between their respective Governments in relation to certain pecuniary claims of American citizens presented by the Gov ernment of the United States against the Government of Portugal, have appointed as their Plenipotentaries for that purpose, to wit: The President of the United States of America, Daniel Webster, Secretary of State of said United States, and Her Most Faithful Majesty, J. C. de Figanière é Morão, of Her Council, Knight Commander of the Orders of Christ and of O. L. of Con
ception of Villa Viçoza, and Minister Resident of Portugal near the Government of the United States;
Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles:
Payment to by
Her Most Faithful Majesty the Queen of Portugal and of the Algarves, appreciating the difficulty of the two Governments agreeing upon the subject of said claims, from the difference of made in full of claims, opinion entertained by them respectively, which difficulty might hazard the continuance of the good understanding now prevailing between them, and resolved to maintain the same unimpaired, has assented to pay to the Government of the United States a sum equivalent to the indemnities claimed for several American citizens, (with the exception of that mentioned in the fourth article,) and which sum the Government of the United States undertakes to receive in full satisfaction of said claims, except as aforesaid, and to distribute the same among the claimants.
The case of the
to submitted to
The high contracting parties, not being able to come to an agreement upon the question of public law involved in the case of the American privateer brig "General Armstrong," destroyed General Armstrong by British vessels in the waters of the island of Fayal, in arbitration. September, 1814, Her Most Faithful Majesty has proposed, and the United States of America have consented, that the claim presented by the American Government, in behalf of the captain, officers, and crew of the said privateer, should be submitted to the arbitrament of a sovereign, potentate, or chief of some nation in amity with both the high contracting parties.
biter, and his decision
So soon as the consent of the sovereign, potentate, or chief of some friendly nation, who shall be chosen by the two high con- Copies of all papers tracting parties, shall have been obtained to act as arbiter to be laid before arin the aforesaid case of the privateer brig "General Arm- to be final. strong," copies of all correspondence which has passed in reference to said claim between the two Governments and their respective representatives shall be laid before the arbiter, to whose decision the two high contracting parties hereby bind themselves to submit.
$91.727.00 to be
The pecuniary indemnities which Her Most Faithful Majesty promises to pay, or cause to be paid, for all the claims presented previous to the 6th day of July, 1850, in behalf of American paid for the other citizens, by the Government of the United States, (with the exception of that of the "General Armstrong,") are fixed at ninety-one thousand seven hundred and twenty-seven dollars, in accordance with the correspondence between the two Governments.
The payment of the sum stipulated in the preceding article shall be made in Lisbon, in ten equal instalments, in the course of five years, to the properly-authorized agent of the United
Payment, how made
States. The first instalment of nine thousand one hundred and seventytwo dollars seventy cents, with interest as hereinafter provided, (or its equivalent in Portuguese current money,) shall be paid, as aforesaid, on the 30th day of September of the current year of 1851, or earlier, at the option of the Portuguese Government; and at the end of every subsequent six months a like instalment shall be paid-the integral sum of ninety-one thousand seven hundred and twenty-seven dollars, or its equivalent, thus to be satisfied on or before the thirtieth day of September, 1856.
It is hereby agreed that each and all of the said instalments are to bear, and to be paid with an interest of six per cent. per annum, from the date of the exchange of the ratifications of the present convention.
This convention shall be approved and ratified, and the ratifications shall be exchanged in the city of Lisbon within four months after the date hereof, or sooner if possible.
In testimony whereof the respective Plenipotentiaries have signed the same, and affixed thereto the seals of their arms.
Done in the city of Washington, D. C., the twenty-sixth day of February, of the year of our Lord one thousand eight hundred and fifty-one.
[L. S.] S.
J. C. DE FIGANIÈRE E MORÃO. L. s.
TREATY OF AMITY AND COMMERCE BETWEEN HIS MAJESTY THE KING OF PRUSSIA AND THE UNITED STATES OF AMERICA. CONCLUDED SEPTEMBER 10, 1785; RATIFIED BY THE KING OF PRUSSIA SEPTEMBER 24, 1785, AND BY THE CONGRESS OF THE UNITED STATES MAY 17, 1786,
[This treaty expired by its own limitation ten years after the exchange of ratifications.]
His Majesty the King of Prussia and the United States of America, desiring to fix, in a permanent and equitable manner, the July, August, and rules to be observed in the intercourse and commerce they September, 1785. desire to establish between their respective countries, His Majesty and the United States have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement.
With this view, His Majesty the King of Prussia has nominated and constituted as his Plenipotentiary, the Baron Frederick William de Thulemeier, his Privy Counsellor of Embassy, and Envoy Extraordinary with their High Mightinesses the States-General of the United Netherlands; and the United States have, on their part, given full powers to John Adams, Esquire, late one of their Ministers Plenipotentiary for negotiating a peace, heretofore a Delegate in Congress from the State of Massachusetts, and Chief Justice of the same, and now Minister Plenipotentiary of the United States with His Britannic Majesty; Doctor Benjamin Franklin, late Minister Plenipotentiary at the Court of Versailles, and another of their Ministers Plenipotentiary for negotiating a peace; and Thomas Jefferson, heretofore a Delegate in Congress from the State of Virginia, and Governor of the said State, and now Minister Plenipotentiary of the United States at the Court of His Most Christian Majesty; which respective Plenipotentiaries, after having exchanged their full powers, and on mature deliberation, have concluded, settled, and signed the following articles:
There shall be a firm, inviolable, and universal peace and sincere friendship between His Majesty the King of Prussia, his heirs, successors, and subjects, on the one part, and the United States of America and their citizens on the other, without exception of persons or places.
The subjects of His Majesty the King of Prussia may frequent all the coasts and countries of the United States of America, and reside and trade there in all sorts of produce, manufactures, and merchandize; and shall pay within the said United States no other or greater duties,
charges, or fees whatsoever, than the most favoured nations are or shall be obliged to pay: and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy; submitting themselves nevertheless to the laws and usages there established, and to which are submitted the citizens of the United States, and the citizens and subjects of the most favoured nations.
Citizens of United States entitled to same privileges in
In like manner the citizens of the United States of America may frequent all the coasts and countries of His Majesty the King of Prussia, and reside and trade there in all sorts of Prussia, as the most produce, manufactures, and merchandize; and shall pay in the dominions of his said Majesty no other or greater duties, charges, or fees whatsover than the most favoured nation is or shall be obliged to pay: and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favoured nation does or shall enjoy; submitting themselves nevertheless to the laws and usages there established, and to which are submitted the subjects of His Majesty the King of Prussia, and the subjects and citizens of the most favoured nations.
More especially each party shall have a right to carry their own proRegulation of com- duce, manufactures, and merchandize in their own or any mercial intercourse, other vessels to any parts of the dominions of the other, where it shall be lawful for all the subjects or citizens of that other freely to purchase them; and thence to take the produce, manufactures, and merchandize of the other, which all the said citizens or subjects shall in like manner be free to sell them, paying in both cases such duties, charges, and fees only as are or shall be paid by the most favoured nation. Nevertheless, the King of Prussia and the United States, and each of them, reserve to themselves the right, where any nation restrains the transportation of merchandize to the vessels of the country of which it is the growth or manufacture, to establish against such nations restaliating regulations; and also the right to prohibit, in their respective countries, the importation and exportation of all merchandize whatsoever, when reasons of state shall require it. In this case, the subjects or citizens of either of the contracting parties shall not import nor export the merchandize prohibited by the other; but if one of the contracting parties permits any other nation to import or export the same merchandize, the citizens or subjects of the other shall immediately enjoy the same liberty.
Vessels not to be
The merchants, commanders of vessels, or other subjects or citizens of either party, shall not within the ports or jurisdiction of forced to unload the other be forced to unload any sort of merchandize into merchandize, &c. any other vessels, nor to receive them into their own, nor to wait for their being loaded longer than they please.
That the vessels of either party loading within the ports or jurisdiction of the other may not be uselessly harassed or detained, amined before load it is agreed that all examinations of goods required by the ess in case of fraud. laws shall be made before they are laden on board the ves
Goods to be exed, and not after, un