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FRANCE

Vol. I. Ch. II. the great book of the public debt, whether those inscriptions remain in the hands of their original possessors, or shall have been transferred to other persons. Nevertheless, France shall no longer be charged with the life annuities originating from the same source, the payment of which shall be at the charge of the actual possessors of the territory, computing from the 22d of December 1813.

It is further agreed, that no objections shall be made to the free transfer of inscriptions of rentes belonging to those individuals, communities, or corporations which have ceased to be French.

3. As the deductions, which the French Government might have been authorized to make from the securities of persons deemed accountable, as provided for by the 10th and 24th Articles of the Convention of the 20th November 1815, are equally included in the arrangement which forms the object of this Convention, they are hereby completely annulled. With respect to such of these securities as have been furnished in immoveables, or in inscriptions on the great book, the cancelling of the mortgage inscriptions, or the withdrawing of the protests, shall take place upon the demand of the aforesaid Governments; and the said inscriptions, as well as the acts of replevy, shall be remitted to their respective Commissioners, or to their delegates.

4. The sums under the heads of securities, deposits, or consignments, vested by French subjects in the service of countries detached from France, and placed in the respective funds of those countries, and which sums were to be repaid them in virtue of the 22d Article of the Treaty of the 30th of May 1814, being comprised in the present transaction, the above named Powers are completely exonerated on that point, and the Government of France undertakes to reimburse them.

5. By virtue of the stipulations contained in the preceding Articles, France is completely liberated, as well in respect of the principal as the interest, prescribed by the 18th Article of the Convention of the 20th November 1815, of the debts of every description, contemplated in the Treaty of the 30th of May 1814, and the Convention of the 20th November 1815, and claimed in the manner prescribed by the aforesaid Convention; so that the said debts shall be considered with respect to France, as extinguished and annulled, and can never be again brought forward against her in any shape whatever.

6. In consequence of the preceding arrangements, the mixed Commissions instituted by the 5th Article of the Convention of the 20th November 1815, shall close the proceedings of liquidation ordered by that Convention.

7. The rente which shall be created in virtue of the 1st Article of the present Convention, shall be distributed amongst the hereinafter named Powers, as follows:

Anhalt Bernbourg

Francs. 17,500

Hanover

Francs. 500,000

Anhalt Dessau

18,500 Hesse (Electoral)

25,000

Austria

1,250,000 Grand Duchy of Hesse,

Baden

32,500

comprising Oldenburgh

348,150

Bavaria

500,000

The Ionian Isles, the Isle

Bremen

50,000 of France, and other

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The Roman States

250,000

Majesty

150,000

Frankfort

35,000 Lubeck

100,000

Hamburgh

1,000,000

Mecklenburgh Schwerin

25,000

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8. The sum of 12,040,000 francs in rentes, stipulated for in the 1st Article, shall bear interest from the 22d March 1818, the whole of it shall be deposited in the hands of the Special Commissioners of the Courts of Austria, Great Britain, Prussia, and Russia, to be afterwards delivered to those enti tled thereto, at the periods and in the manner following:

1. On the first of each month, the twelfth part of such sum as may become due to each Power, conformably with the foregoing distribution, shall be transferred to their Commissioners at Paris, or their Delegates; which Commissioners or Delegates shall dispose thereof, in the manner hereafter directed.

2. The respective Governments or the Commissioners of Liquidation to be appointed by them, shall, at the end of every month, cause to be transferred to the individuals whose debts shall have been liquidated, and who may wish to remain proprietors of the shares of rentes which shall be allotted them, inscriptions to the amount of the sums that may be due to them respectively.

3. All other liquidated claims, as well as the sums which may not be of an amount sufficient to form a separate inscription, shall be united in one collective inscription by the respective Governments, who shall direct their Commissioners or Agents, in Paris, to sell them for the benefit of the parties interested.

The deposit of the aforesaid rente of 12,040,000 francs, shall be made on the first day of the month succeeding the date of the exchange of the ratifications of the present Convention, by the Courts of Austria, Great Britain, and Prussia, only, on account of the remote situation of the Court of Russia.

9. The delivery of the said inscriptions shall take place notwithstanding any notice of transfer or protest to the royal treasury of France.

Nevertheless the protests and notices which shall have been made to the Treasury or delivered to the Commissioners of Liquidation, shall have, according to the order of their inscription, their full and entire effect, for the benefit of the third party concerned, provided (with regard to those which have been inscribed at the Treasury), that within the period of one month from the day of the exchange of the ratifications of the present Convention, a list thereof shall be transmitted to the Commissioners of the respective Powers, with its supporting documents; without, however, any prejudice to the power which the parties interested retain, to make good the same in a direct manner by the production of their documents. The precise term above-mentioned having expired, no regard shall be paid to the protests or notices which shall not have been previously delivered in to the Commissioners, whether from the Treasury or other persons concerned.

Protests or appeals shall however be admitted, when made to the said Commissioners or to the Governments to which they belong. The protests,

D

FRANCE.

Vol. I. Ch. II. of which notice shall have been given within the proper time, either in respect to claims established or judginents obtained, shall be carried before the tribunal of the party attached.

10. The respective Governments being desirous to adopt the most effectual means of liquidating the debts due from France to the subjects of each, and of distributing the funds to which the said creditors are in due proportion entitled, according to the principles contained in the stipulations of the Treaty of the 30th May 1814, and of the Convention of the 20th November 1815; it is agreed that, to this end, the French Government shall cause to be transmitted to the Commissioners of the said Governments, or their delegates, the files containing the documents in support of the claims not yet discharged, and at the same time shall give the most precise orders, that all the information and papers that can be necessary for the verification of those claims, shall be furnished with the least possible delay to the said Commissioners, by the different offices and departments. It is further agreed, that in cases where payments shall have been made on account, or the French Government shall have had charges or deductions to make upon any of these individual Claims, such payments, charges, and deductions shall be exactly specified.

11. The liquidation of the claims for military services requiring certain particular forms, it is agreed with regard thereto: 1st-That for the payment of the military who have belonged to Corps, the Boards of Administration of which have furnished schedules of liquidation, it shall be sufficient that the said schedules be produced, or extracts therefrom, duly certified.

2d-That where the Boards of Administration of Corps shall not have furnished schedules of liquidation, the depositaries of the archives of the said Corps shall ascertain the sums due to the military belonging thereto, and deliver in a schedule thereof, to the correctness of which they shall certify.

3d-That debts due to Officers of the Staff, or to officers unattached, as well as to the persons employed by the Military Administration, shall be verified at the War-Offices, conformably to the regulations established for the French military, and employés, by the circular of the 13th December 1814, the documents in support of the schedules being annexed thereto, or when that shall not be practicable, communication being made of the same to the Commissioners or their delegates.

12. To facilitate the liquidation that is to take place according to the 10th Article above cited, the Commissioners named by the French Government shall form the medium of communication with the different Offices and Administrations. Through their means also the files of justificatory documents shall be transmitted. These transfers shall be correctly verified, and registry thereof taken for them, either on the margin, or by a procès verbal.

13. Whereas certain territories have been divided between several States, and whereas in such cases, that State to which the greatest part of the territory belongs, has in general engaged to bring forward the common claims, founded upon the 6th, 7th, and 9th Articles of the Convention of the 20th November 1815; it is agreed that the Government which shall have put forward the claims, shall, in paying the creditors, treat the subjects of all the States interested as his own. On the other hand, since, notwithstanding this division of territories, the principal possessor has borne the deduction of the whole capital and interest reimbursed, the other co-states shall account to him for the same, in proportion to the part of the said territory possessed by each one, conformably to the principles laid down in the 6th and 7th Articles of the Convention of the 20th November 1815. If any difficulties should arise relative to the execution of the present Article, they shall be settled by a Commission of Arbitration, formed according to the mode

and principles indicated by the 8th Article of the above-mentioned Convention.

14. The present Convention shall be ratified by the high Contracting Powers, and the ratifications be exchanged at Paris, within the space of two months, or sooner if practicable.

15. The States not actually Contracting Parties to the present Convention, but whose interests are affected thereby, in conformity to the preliminary Agreement which took place between their Plenipotentiaries, and his Excellency the Duke of Wellington, in concert with the undersigned Plenipotentiaries of the Courts, who were Contracting Parties to the Treaty of the 20th November 1815, are invited to transmit their Acts of accession within the said space of two months.

Done at Paris, the 25th April 1818.
Signed

CHAS. STUART, (L.S.)

LE BARON DE VINCENT, (L.S.)
RICHELIEU, (L.S.)

F. COMTE DE GOLTZ, (L.S.)
Pozzo DI BORGO, (L.S.)

Vol. I. Ch. II.
FRANCE.

SPAIN. (1)

SPAIN.

Treaty of Peace and Friendship between Great

1. First, it is agreed and concluded, that from this day forward there Vol. I. Ch. IL. shall be, between the Two Crowns of Great Britain and Spain, a general, good, sincere, true, firm, and perfect Amity, Confederation and Peace, which shall endure for ever, and be observed inviolably, as well by land as by sea, and fresh waters; and also between the lands, countries, Kingdoms, Dominions, and Territories belonging unto, or under the obedience of either of them. And that their subjects, people, and inhabitants respectively, of what condition, degree, or quality soever, from henceforth reciprocally, shall help, assist, and shew to one another all manner of love, good offices, and friendship.

2. That neither of the said Kings, nor their respective people, subjects or inhabitants within their Dominions, upon any pretence, may, in public or secret, do, or procure to be done, any thing against the other, in any place, by sea or land, nor in the ports or rivers of the one or the other, but shall treat one another with all love and friendship; and may by water and by land, freely and securely pass into the confines, countries, lands, Kingdoms, Islands, Dominions, cities, towns, villages, walled or without wall, fortified or unfortified, their havens and ports (where hitherto trade and commerce hath been accustomed), and there trade, buy, and sell, as well of and to the inhabitants of the respective places, as those of their own nation, or any other nation that shall be or come there.

3. That the said Kings of Great Britain and Spain shall take care that their respective people and subjects from henceforward do abstain from all force, violence, or wrong; and if any injury shall be done by either of the said Kings, or by the people or subjects of either of them, to the people or subjects of the other, against the Articles of this Alliance, or against common right, there shall not therefore be given letters of reprisal, marque, or counter

(1) As to treaties between Great Britain

(2) Renewed by Article 2. of the Treaty and Spain in particular, and decisions thereon, of Versailles, 1783. see ante, 1 vol. 617.

Britain and
Spain. Signed
at Madrid,
23d day of May
1667. (2)

SPAIN.

Vol. I. Ch.1. marque, by any of the Confederates, until such time as justice is sought and followed in the ordinary course of law. But if justice be denied or delayed, then the King, whose people or inhabitants have received harm, shall ask it of the other, by whom (as is said) the justice shall have been denied or delayed, or of the Commissioners that shall be by the one King or the other appointed to receive and hear such demands, to the end that all such differences may be compounded in friendship, or according to law. But if there should be yet a delay, or justice should not be done, nor satisfaction given within six months after having the same so demanded, then may be given letters of reprisal, marque or counter-marque.

4. That between the King of Great Britain, and the King of Spain, and their respective people, subjects and inhabitants, as well as upon sea, as upon land, and fresh waters, in all and every their Kingdoms, lands, countries, Dominions, confines, Territories, provinces, islands, plantations, cities, villages, towns, ports, rivers, creeks, bays, streights and currents, where hitherto trade and commerce hath been accustomed, there shall be free trade and commerce, in such way and manner, that without safe conduct, and without general or particular licence, the people and subjects of each other may freely, as well by land as by sea, and fresh waters, navigate and go into their said countries, Kingdoms, Dominions, and all the cities, ports, currents, bays, districts, and other places thereof; and may enter into any port with their ships laden or empty, carriage or carriages wherein to bring their merchandize, and there buy and sell what and how much they please, and also at just and reasonable rates provide themselves with provisions and other necessary things for their subsistence and voyage; and also may repair their ships and carriages, and from thence again freely depart with their ships, carriages, goods, merchandize and estate, and return to their own countries, or to such other places as they shall think fit, without any molestation or impediment, so that they pay the duties and customs which shall be due, and saving to either side the laws and ordinances of their country.

5. Item, It is likewise agreed, that for the merchandizes which the subjects of the King of Great Britain shall buy in Spain, or other the Kingdoms or Dominions of the King of Spain, and shall carry in their own ships, or in ships hired or lent unto them, no new customs, toll, tenths, subsidies, or other rights or duties whatsoever, shall be taken or increased, other than those which, in the like case, the natives themselves, and all other strangers are obliged to pay; and the subjects aforesaid, buying, selling, and contracting for their merchandizes, as well in respect of the prices, as of all duties to be paid, shall enjoy the same privileges which are allowed to the natural subjects of Spain; and may buy and lade their ships with such goods and merchandizes; which said ships being laden, and customs paid for the goods, shall not be detained in port upon any pretence whatsoever; nor shall the laders, merchants, or factors, who bought and loaded the goods aforesaid, be questioned after the departure of the said ships, for any matter or thing whatsoever concerning the same.

6. And to the end that the officers and ministers of all cities, towns, and villages belonging to either, may neither demand nor take from the respective merchants and people, greater taxes, duties, stipends, recompences, gifts, or any other charges, than what ought to be taken by virtue of this Treaty ; and that the said merchants and people may know and understand with certainty what is ordained in all things touching this; It is agreed and concluded, that tables and lists shall be put up at the doors of the custom-houses and registries of all the cities, villages, and towns of, or appertaining to one or the other King where such rights and excises or customs are usually paid; in which, how much, and of what quality, such rights, customs, subsidies,

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