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tenth parts, shall be regulated according to the tenor of the first article of the present convention.(1)
813. The restitution of prizes, whether they may have been retaken by vessels of war or by privateers, in the mean time, and until requisite and sufficient proofs can be given of the property of vessels recaptured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles.(2)
814. The vessels of war and privateers of one and the other of the two nations, shall be reciprocally, both in Europe and in other parts of the world, admitted in the respective ports of each, with their prizes, which may be unloaded and sold according to the formalities used in the state where the prize shall have been conducted, as far as may be consistent with the twen. ty-second article of the treaty of commerce: provided always, that the legality of prizes by the vessels of the low countries, shall be decided conformably to the laws and regulations established in the United Netherlands; as likewise, that of prizes made by American vessels, shall be judged according the laws and regulations determined by the United States of America (3)
815. Moreover, it shall be free for the States General of the United Netherlands, as well as for the United States of America, to make such regulations as they shall judge necessary, relative to the conduct which their respective vessels and privateers ought to hold in relation to the vessels which they shall have taken and conducted into the ports of the two powers.(4)
RELATIONS WITH SWEDEN AND NORWAY.
Subjects of each party may enter Privileges of transit, bounty and
825 Swedish and American vessels how Certain articles of the treaty of 1783 treated 817 revived
826 Imports in vessels of both nations Commercial favours granted to other on equal terms
818 nations, to be extended to conExports on equal terms 819 tracting parties
827 The foregoing stipulations applica- Disposition of goods and effects, of
ble to vessels of the U. States, citizens of either party, in the proceeding to the colony of St. country of the other
820 Free trade allowed with an enemy. Not applicable to the coast naviga- Free ships to make free goods, tion of the parties 821 &c.
829 Neither of the contracting parties Free trade, except in contraband
to grant preference to importa- merchandise. Specification of tions in its own vessels 822 contraband-of blockade
830 No higher tonnage or other duties In case of war with a third party,
to be imposed upon the naviga- vessels to be furnished with sea tion between the respective terri
831 tories than on other navigation 823 Sea letters to be exhibited—when 832 No restriction or duty on American Proceedings on capture for contraor Swedish productions, except,
824 Goods on board enemy's ships liable
(1) Convention of Oct. 8, 1782, Art. 3. (2) Ibid. Art. 4.
(3) Ibid. Art. 5. (4) Ibid. Art. 6.
Commanders of armed vessels to be Reciprocal duty on part of U. S. 846
answerable for injuries done by Regulations respecting business by them
835 citizens of either party, in the doOwners of privateers to give bond, minions of the other
847 &c. 836 Examination of merchandise
848 One of the contracting parties be- No seizure of ships or goods, on ac
ing neutral, recaptured by the count of wanting to take on board
849 Persons and property not to be de- Vessels arriving, but not unlading,
tained by force on either side 838 may sail without payment of duProvisions relative to recaptures 839 ties, &c.
850 Armed vessels with their prizes, Vessels may unlade part of cargo, permitted to enter the ports of &c.
851 the respective parties
840 Each party may appoint consuls, Vessels of one party, forced by
852 stress of weather, to be received Consuls to act as judges-when 853 with humanity, &c.
841 Consuls may require arrest of seaIn case of war between the parties,
854 time for selling or transporting Deserters—how disposed of
842 Vessels wrecked, &c. to receive reNo citizen of either party to take
856 commission from state with which Bills of health-effect of
857 the other is at war, &c.
843 Regulations relative to blockade 858 Proceedings of armed vessels visit- Duration of treaty
859 ing merchantmen
844 Certain articles of the treaty of The king of Sweden to protect ves- 1827, subject to engagements of sels of the U. States
ART. 816. The citizens and subjects of each of the two high contracting par. ties may, with all security for their persons, vessels, and cargoes, freely enter the ports, places, and rivers, of the territories of the other, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories; to rent and occupy houses and warehouses for their commerce; and they shall enjoy, generally, the most entire security and protection in their mercantile transactions, on condition of their submitting to the laws and ordinances of the respective countries.(1)
817. Swedish and Norwegian vessels, and those of the island of St. Bar. tholomew, arriving in the ports of the United States of America, and re. ciprocally vessels of the United States, arriving in the ports of the kingdoms of Sweden and Norway, laden or in ballast, from whatever place they may come, 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 houses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges of whatever kind or denomination, levied in the name, or to the profit, of the government, the local authorities, or of any private establishment whatsoever.(2)
818. All that may be lawfully imported into the United States, in vessels of the said states, may also be thereinto imported in Swedish or Norwegian vessels, and in those of the islands of St. Bartholomew; and reciprocally all that may be lawfully imported into the kingdoms of Sweden and Norway, in Swedish and Norwegian vessels, or in those of the islands of St. Bartholomew, may also be thereinto imported in vessels of the United States, from whatever place they may come, without paying other or higher duties, or charges, of whatever kind'or denomination, levied in the name, or to the profit, of the government, the local authorities, or of any private establishments whatsoever, than if imported in national vessels.(3)
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(3) Ibid. art. 3.
(1) Treaty 4th July, 1827, art. 1. (2) Ibid. art. 2.
819. All that may be lawfully exported from the United States, in vessels of the said states, may also be exported therefrom, in Swedish and Norwe. giao vessels, or in those of the island of St. Bartholomew; and reciprocally all that may be lawfully exported from the kingdoms of Sweden and Norway, in Swedish and Norwegian vessels, or in those of the island of St. Bartholomew, may also be exported therefrom in vessels of the United States, without paying other or higher duties, or charges, of whatever kind or denomi. nation, levied in the name, or to the profit, of the government, the local authorities, or of any private establishments whatsoever, than if exported in national vessels.(1)
820. The stipulations contained in the three preceding articles, are, to their full extent, applicable to the vessels of the United States of America, proceeding, either laden, or not laden, to the colony of St. Bartholomew, in the West Indies, whether from the ports of the kingdoms of Sweden and Norway, or from any other place whatsoever; or proceeding from the said colony, either laden or not laden, whether bound for Sweden or Norway, or for any other place whatsoever.(2)
821. It is expressly understood that the foregoing second, third, and fourth articles, are not applicable to the coastwise navigation from one port of the United States of America, to another port of the said states; nor to the navigation from one port of the kingdoms of Sweden or of Norway to another, nor to that between the two latter countries; which navigation each of the two high contracting parties reserves to itself.(3)
822. Each of the two high contracting parties engages not to grant, in its purchases, or in those which might be made by companies or agents, acting in its name, or under its authority, any preference to importations made in its own vessels, or in those of a third power, over those made in the ves. sels of the other contracting party.(4)
823. The two high contracting parties engage not to impose upon the navigation between their respective territories, in the vessels of either, any tonnage or other duties of any kind or denomination, which shall be higher, other than those which shall be imposed on every other navigation, except that which they have reserved to themselves, respectively, by the sixth article of the present treaty (5)
824. There shall not be established, in the United States of America, upon the products of the soil or industry of the kingdoms of Sweden and Norway, or of the island of St. Bartholomew, any prohibition or restriction of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties, shall, likewise, be established upon articles of like nature, the growth of any other country.
And, reciprocally, there shall not be established in the kingdoms of Swe. den and Norway, nor in the island of St. Bartholomew, on the products of the soil or industry of the United States of America, any prohibition or restriction of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties, be likewise established upon articles of like nature, the growth of the island of St. Bartholomew, or of any other place, in case such importation be made into, or from, the kingdoms of Sweden and Norway; or of the kingdoms of Sweden and Norway or of any other place, in case such importation or Exportation be made into, or from, the island of St. Bartholomew (6)
(1) Treaty 4th July, 1827, art 4.
(4) Ibid. art. 7.
825. All privileges of transit, and all bounties and drawbacks which may be allowed within the territories of one of the high contracting parties, upon the importation or exportation of any article whatsoever, shall, likewise, be allowed on the articles of like nature, the products of the soil or industry of the other contracting party, and on the importations and exportations made in its vessels (1)
826. The second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twenty-first, twenty-second, twenty-third and twenty-fifth articles of the treaty of amity and commerce, concluded at Paris on the third of April, one thousand seven hundred and eighty-three, by the plenipotentiaries of the United States of America, and of his majesty the king of Sweden, together with the first, second, fourth, and fifth separate articles, signed on the same day by the same plenipotentiaries, are revived, and made applicable to all the countries under the dominion of the present high contracting parties, and shall have the same force and value as if they were inserted in the context of the present treaty : it being understood that the stipulations contained in the articles above cited, shall always be considered as in po manner affecting the conventions concluded by either party with other nations, during the interval between the expiration of the said treaty of one thousand seven hundred and eighty-three, and the revival of said articles by the treaty of commerce and navigation, concluded at Stockholm by the pre.. sent high contracting parties, on the fourth of September, one thousand eight hundred and sixteen (2)
827. The king and the United States engage mutually, not to grant here. after any particular favour to other nations in respect to commerce and na. vigation, which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation if the concession was conditional.(3)
828. The subjects of the contracting parties in the respective states, may freely dispose of their goods and effects, either by testament, donation, or otherwise, in favour of such persons as they think proper; and their heirs, in whatever place they shall reside, shall receive the succession even ab in. testato, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, as well as the capitals and effects, which the subjects of the two parties, in changing their dwelling, shall be desirous of removing from the place of their abode, shall be ex. empted from all duty called “droit de détraction," on the part of the government of the two states respectively. But it is at the same time agreed, that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations, or which may hereafter be published, which shall remain in full force and vigour. The United States on their part, or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper.(4)
829. All and every the subjects and inhabitants of the kingdom of Swe. den, as well as those of the United States, shall be permitted to navigate with their vessels in all safety and freedom, and without any regard to those to whom the merchandises and cargoes may belong, from any port whatever; and the subjects and inhabitants of the two states shall likewise be permitted to sail and trade with their vessels, and with the same liberty and
(1) Treaty 1827, art. 10.
science, the rites of burial, and is in sub(2) Ibid. art. 17. Art. 5, of the treaty stance similar to art. 793.-Supra. of 1783, provides for liberty of con- (3) Treaty 1783, art, 2.
(4) Ibid. art. 6.
safety to frequent the places, ports, and havens, of powers, enemies to both or either of the contracting parties, without being in anywise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same, or of different princes. And as it is acknowledged by this treaty, with respect to ships and merchandises, that free ships shall make merchandise free, and that every thing which shall be on board of ships belonging to subjects of the one or the other of the contracting parties, shall be considered as free, even though the cargo or a part of it should belong to the enemies of one or both; it is nevertheless provided, that contraband goods shall always be excepted; which being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed, that the same liberty be ex. tended to persons who may be on board a free ship, with this effect, that although they be enemies to both or either of the parties, they shall not be taken out of the free ship, unless they are soldiers in the actual service of the said enemies (1)
830. Articles 8, 9, and 10, of the treaty of 1783, are similar to the 16th article of the treaty with Spain, 1795, except that in those articles of the treaty with Sweden, no provision is made for public ships, in distress at sea, supplying themselves from merchantmen, as is provided in the 16th article of the treaty with Spain. (See art. 765, supra.)
831. In order to avoid and prevent on both sides all disputes and discord, it is agreed, that in case one of the parties shall be engaged in a war, the ships and vessels belonging to the subjects or inhabitants of the other shall be furnished with sea letters or passports, expressing the name, property, and port of the vessel, and also the name and place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the subjects of the one or the other party. These passports, which shall be drawn up in good and due form, shall be renewed every time the vessel returns home in the course of the year. It is also agreed, that the said vessels when loaded shall be provided not only with sea letters, but also with certificates containing a particular account of the cargo, the place from whence the vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandises mentioned in the 9th article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart.(2)
832. Although the vessels of the one and of the other party may navi. gate freely and with all safety, as is explained in the 7th article, they shall nevertheless be bound at all times when required, to exhibit as well on the high sea as in port, their passports and certificates above mentioned. And not having contraband merchandise on board for an enemy's port, they may freely
and without hinderance pursue their voyage to the place of their destination. Nevertheless, the exhibition of papers shall not be demanded of merchant ships under the convoy of vessels of war, but credit shall be given to the word of the officer commanding the convoy.(3)
833. If on producing the said certificates, it be discovered that the vessel carries some of the goods which are declared to be prohibited or contraband, and which are consigned to an enemy's port, it shall not however be lawful to break up the hatches of such ships, nor to open any chests, coffers, packs, casks, or vessels, nor to remove or displace the smallest part of the (1) Treaty 1783, Art. 7.
(3) Ibid. Art. 12. (2) Ibid. Art. 11.