PORTUGAL. 9. When the proprietor of a ship, suspected of carrying on an illicit trade Vol. I. Ch. II. in slaves, released in consequence of a sentence of one of the mixed Commissions (or in the case, as above mentioned, of total loss), shall claim indemnification for the loss of slaves which he may have suffered, he shall in no case be entitled to claim for more than the number of slaves which his vessel was, by the Portuguese laws, authorized to carry, which number shall always be delared in his passport. 10. The mixt Commission established in London by Article 9. of the Convention of this date, shall hear and determine all claims for Portuguese ships and cargoes, captured by British cruizers on account of the unlawful trading in slaves, since the 1st of June 1814, till the period when the Convention of this date is to be in complete execution; awarding to them, conformably to Article 9. of the Additional Convention of this date, a just and complete compensation, upon the basis laid down in the preceding Articles, either for total loss, or for losses and damages sustained by the owners and proprietors of the said ships and cargoes. The said Commission established in London shall be composed and proceed exactly upon the same basis determined in Articles 1, 2, and 3, of the present regulation for the Commissions established on the coast of Africa and the Brazils. 11. It shall not be permitted to any of the Commissary Judges nor to the Arbitrators, nor to the Secretary of any of the mixt Commissions, to demand or receive, from any one of the parties concerned in the sentences which they shall pronounce, any emolument, under any pretext whatsoever, for the performance of the duties which are imposed upon them by the present regulation. 12. When the parties interested shall imagine they have cause to complain of any evident injustice on the part of the mixt Commissions, they may represent it to their respective Governments, who reserve to themselves the right of mutual correspondence for removing, when they think fit, the individuals who may compose these Commissions. 13. In the case of a vessel detained unjustly, under pretence of the stipulations of the Additional Convention of this date, and in which the captor should neither be authorized by the tenor of the above-mentioned Convention, nor of the instructions annexed to it, the Government to which the detained vessel may belong shall be entitled to demand reparation; and in such case, the Government to which the captor may belong binds itself to cause the subject of complaint to be fully examined, and to inflict upon the captor, if he be found to have deserved it, a punishment proportioned to the trangression which may have been committed. 14. The two high Contracting Parties have agreed, that in the event of the death of one or more of the Commissioners, Judges, and Arbitrators composing the above-mentioned mixt Commissions, their posts shall be supplied, ad interim, in the following manner : on the part of the British Government, the vacancies shall be filled successively, in the Commission which shall sit within the possessions of His Britannic Majesty, by the Governor or Lieutenant Governor resident in that colony, by the principal Magistrate of the place, and by the Secretary; and in the Brazils, by the British Consul and Vice Consul resident in the city in which the mixt Commission may be established. On the part of Portugal, the vacancies shall be supplied, in the Brazils, by such persons as the Captain General of the Province shall name for that purpose; and, considering the difficulty which the Portuguese Government would feel in naming fit persons to fill the posts which might become vacant PORTUGAL. Vol. I. Ch. II. in the Commission established in the British Possessions, it is agreed, that in case of the death of the Portuguese Commissioners, Judge, or Arbitrators in those possessions, the remaining individuals of the above-mentioned Commission, shall be equally authorized to proceed to the judgment of such slave ships as may be brought before them, and to the execution of their sentence. In this case alone, however, the parties interested shall have the right of appealing from the sentence, if they think fit, to the Commission resident in the Brazils; and the Government to which the captor shall belong shall be bound fully to defray the indemnification which shall be due to them, if the appeal be judged in favor of the claimants: it being well understood that the ship and cargo shall remain, during this appeal, in the place of residence of the first Commission before whom they may have been conducted. Separate Article. Declaration. The high Contracting Parties have agreed to supply, as soon as possible, every vacancy that may arise in the above-mentioned Commissions, from death or any other contingency. And in case that the vacancy of each of the Portuguese Commissioners residing in the British possessions, be not supplied at the end of six months, the vessels which are taken there to be judged, after the expiration of that time, shall no longer have the right of appeal herein-before stipulated. Done at London, the 28th of July 1817. Signed CASTLEREAGH, (L.S.) CONDE DE PALMella, (L.S.) As soon as the total Abolition of the Slave Trade, for the subjects of the Crown of Portugal, shall have taken place, the two high Contracting Parties hereby agree, by common consent, to adapt, to that state of circumstances, the stipulations of the Additional Convention concluded at London, the 28th of July last; but in default of such alterations, the Additional Convention of that date shall remain in force until the expiration of fifteen years from the day on which the general abolition of the Slave Trade shall so take place on the part of the Portuguese Government. The present Separate Article shall have the same force and validity as if it were inserted, word for word, in the Additional Convention aforesaid. It shall be ratified, and the ratifications shall be exchanged as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the same, and have thereunto affixed the seals of their arms. Done at London, this 11th September 1817. Signed CASTLEREAGH, (L.S.) CONDE DE PALMELLA, (L.S.) Whereas a Convention, having for its object the prevention of the illicit Traffic in Slaves, was concluded between His Britannic Majesty and His Most Faithful Majesty, and signed at London on the 28th of July 1817: And whereas by the second Article of that Convention the Traffic in Slaves was declared still to be permitted to Portuguese subjects, only within certain territories therein described : And whereas the Territories of Molembo and Cabinda are described by that Article to be on the Eastern coast of Africa; and whereas this description is evidently a verbal mistake, the said Territories of Molembo and Cabinda, lying in fact upon the Western and not upon the Eastern Coast of Africa: RUSSIA. It is hereby declared, by the undersigned, that the word Eastern, in that Vol. I. Ch. II. part of the second Article above alluded to, shall be held to be annulled, and the word Western to stand in its place; and the latter part of the Article in question shall accordingly be held to run thus: "The Territories of Molembo and Cabinda, upon the Western coast of Africa, from the fifth degree, twelve minutes, to the eighth degree south latitude." It was further agreed between the undersigned, that the present Declaration shall be considered as an integral part of the said Convention. In witness and in faith of the above, the undersigned, His Britannic Majesty's Secretary of State for foreign Affairs, and His Most Faithful Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of St. James's, have hereunto set their hands and seals, at London, this third day of April 1819. Signed CASTLEREAGH, (L.S.) CONDE DE PALMELLA, (L.S.) RUSSIA. (1) Art. 1. THERE shall be between His Majesty the Emperor of all the Russias and His Majesty the King of the United Kingdom of Great Britain and Ireland, their heirs and successors, and between their Kingdoms and subjects respectively, a firm, true, and inviolable peace, and a sincere and perfect union and amity; so that, from this moment, all subjects of disagreement that may have subsisted between them shall cease. 2. The relations of amity and commerce between the two countries shall be re-established, on each side, on the footing of the most favoured nations. 3. If in resentment of the present re-establishment of peace and good understanding between the two countries, any power whatsoever shall make war upon His Imperial Majesty or His Britannic Majesty, the two Contracting Sovereigns agree to act in support of each other for the maintenance and security of their respective Kingdoms. 4. The two high Contracting Parties reserve to themselves to establish a proper understanding and adjustment, as soon as possible, with respect to all matters which may concern their eventual interests, political as well as commercial. 5. The present treaty shall be ratified by the two Contracting Parties, and the ratifications shall be exchanged in six weeks, or sooner if possible. And for the due performance of the same, we sign, in virtue of our full powers, and have signed, the present treaty of peace, and have thereto affixed our seals. Done at Orebro, the 6th (18th) July 1812. EDWARD THornton. Ratified the 1st August 1812. SUCHTELEN, PAUL BARON DE NICOLAY. ALEXANDER, Treaty of Peace between His Britannic Majesty and His Majesty the Emperor of all the Russias, done at Orebro, the 6th July 1812. (1) As to Treaties between Great Britain and Russia in particular, and decisions thereon, Vol. I. Ch. II. Treaty between Signed at Upsal, SWEDEN. (1) 1. THAT from henceforth there be and remain a good, firm, sincere, and perpetual peace, amity, alliance, and correspondence between the Protector and Commonwealth of England, Scotland, and Ireland, and the Queen and Kingdom of Sweden, and all and singular their Dominions, Kingdoms, Countries, Provinces, Islands, Plantations, Lands, Cities, Towns, People, Citizens, and generally all their subjects and inhabitants, so that each part treat and use the other with all real friendship and affection. 2. The said Confederates, their people, subjects, and inhabitants, shall, as opportunity is offered, take care of, and promote the welfare of each other; and shall advertise each other, upon knowledge thereof, of all imminent dangers, plots, and conspiracies of enemies against the other; and, as much as in them lies, oppose and hinder the same. Neither shall the one Confederate, either by himself, or any else, treat of, act, or attempt any thing to the prejudice and disadvantage of the other, his lands or dominions, in whatsoever place, whether at sea or land; nor shall any way assist the rebels or enemies of the other, to the damage of the Confederate, nor receive, or entertain within His Dominions, any rebel or traitor, who shall attempt any thing against the other's State, much less afford them any counsel, help, or favour, or permit it to be done by any of His subjects, people, and inhabitants. 3. The said Protector and Commonwealth, and the said Queen and Kingdom, shall take diligent care, that, as much as in them lies, all impediments and obstacles be removed, which have hitherto interrupted the freedom of navigation and commerce, as well between both nations, as with other people and countries within the Dominions, lands, seas, and rivers of either, and shall sincerely endeavour to assert, maintain, defend, and promote the aforesaid liberty of navigation and commerce, against all the disturbers thereof, by such ways and means, as either in this present Treaty, or hereafter shall be agreed upon; neither shall they suffer, that either by themselves, their subjects and people, or through their default, any thing be done or committed contrary hereunto. 4. That either of the aforesaid Confederates, Their people and subjects, may, without any safe conduct, licence, general or special, freely and securely go and enter by land or sea, in and to the Kingdoms, Countries, Provinces, Lands, Islands, Cities, Villages, Towns, whether walled or unwalled, fortified or otherwise, havens, and whatsoever Dominions of the other, and there stay and from thence return or pass through; and in the same places. upon just prices to procure, and have provision of victuals, for their use and sustenance, and to be used with all friendly offices; and that either Confederate, Their people and subjects, may trade and have commerce in all places where commerce hath hitherto been exercised, in what goods and merchandizes they please, and may freely import and export the same, paying the customs which are due; and conforming themselves to the laws and ordinances of the said Commonwealth and Kingdom, whether the same respect trade or any other right; which presupposed, the people, subjects, and inhabitants of both Confederates, shall have and enjoy in each other's Kingdoms, Countries, Lands, and Dominions, as large and ample privileges, re (1) As to Treaties between Great Britain and Sweden in particular, and decisions thereon, sec ante, 1 vol. 619. (2) Renewed by Article 2. of the Treaty of Orebro, 1812. laxations, liberties, and immunities, as any other foreigner at present doth Vol. I. Ch. II. or hereafter shall enjoy there. 5. No merchants, captains, and masters of ships, mariners, nor any persons, ships, goods, or merchandize, belonging to either Confederate, shall upon any public or private account, by virtue of any edict general or special, within any the lands, havens, sea-roads, coasts, or Dominions of the other, for any public service or expedition of war, or any other cause, much less for any private use, be seized, embarked, arrested, forced by violence or be any way molested or injured; provided only such arrests as are conformable to justice and equity be not hereby prohibited, so be it they are made according to the ordinary course of law, and not granted upon private affection or partiality, but are requisite for the administration of right and justice. 6. In case any of the ships of either Confederate, whether of war or merchants, belonging to the subjects and people of either, be by occasion of tempests, pursuit of pirates and enemies, or any other urgent necessity, constrained to put into each other's havens, roads, or shores, they shall be received there with all kindness and humanity, and enjoy all friendly protection, and be permitted to refresh themselves, and procure, at a reasonable price, all things needful for their sustenance, reparation, or use; neither shall they be hindered from going out of the said ports or roads, at their pleasure, without paying any customs or duties; provided they do nothing contrary to the laws, ordinances, and customs of the place which the said ships shall enter into or abide in. 7. In like manner, if any ship or ships, whether public or private, belonging to either Confederate, Their people and subjects, shall, within any the coasts or Dominions of the other, stick upon the sands, or be forced to lighten their burthen, or be wrecked or suffer any damage, all friendly help and relief shall be given them upon a competent reward. And whatever shall be remaining of the goods thrown overboard or after shipwreck, or any other damage sustained, shall be kept in safe custody, and restored to the owner, or whom the said owner shall appoint. 8. In case the people and subjects on either part, whether they be merchants, factors, or servants, masters of ships, mariners, or such others, who travel and inhabit within the Dominions of the other, or those who act on their behalf before any Court of Judicature for the recovery of their debts, or for other lawful occasions, shall stand in need of the magistrate's help, the same shall be readily, and according to the equity of their cause, in friendly manner granted them, and justice shall be administered to them without long and unnecessary delays. Neither shall they be in any way molested upon any pretence in the dispatch of their affairs, in their journeying, bargaining, and receiving the price of their commodities, but that all love and friendship be extended towards them. And it shall be free for them, on both sides, in their passage to and again, in each other's coasts, ships, havens, and public places, to wear about them arms for their proper defence, so be it they give no just suspicion to the Governor or Magistrate of the place, of any design against the public or private peace. But he especially who behaves and demeans himself soberly and inoffensively, shall be protected from all injury, violence, and molestation. 9. The said Confederates, and all and singular their people and subjects, may buy and export out of all the Countries, Dominions, and Kingdoms of the other, all kind of armour and provision of war, and may safely and freely put in with their ships, and arrive at each other's ports, havens, and shores, and there stay, and thence depart, they carrying themselves peaceably and SWEDEN. |