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ers and duties--may require as- Treaty to extend to Poland-dura. sistance for arrest of deserting tion of

886 seamen

883 Certain special stipulations between Provision relative to personal and Russia and other powers not to be real estate 884 invoked

887 Favours granted to other nations to become common

885

Art. 872. It is agreed, that, in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or subjects of the high contracting powers, shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following articles :(1)

873. With the view of preventing the rights of navigation and of fishing, exercised

upon

the great ocean by the citizens and subjects of the high con. tracting powers, from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permission of the governor or commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States upon the NorthWest Coast (2)

874. It is moreover agreed, that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said states, any establishment upon the north-west coast of America, nor in any of the islands adjacent, to the north of fifty-four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none form. ed by Russian subjects, or under the authority of Russia, south of the same parallel.(3)

875. It is, nevertheless, understood, that, during a term of ten years, counting from the signature of the present convention, the ships of both powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hinderance whatever, the interior seas, gulfs, barbours, and creeks, upon the coast mentioned in the preceding article, for the purpose of fishing and trading with the natives of the country.(4)

876. All spirituous liquors, fire-arms, other arms, powder, and munitions of war of every kind, are always excepted from this same commerce per. mitted by the preceding article, and the two powers engage, reciprocally, neither to sell, nor suffer them to be sold to the natives by their respective citizens and subjects, nor by any person who may be under their authority. It is likewise stipulated that this restriction shall never afford a pretext, nor be advanced in any case, to authorize either search or detention of the vessels, seizure of the merchandise, or, in fine, any measures of constraint whatever towards the merchants or the crews who may carry on this com. merce; the high contracting powers reciprocally reserving to themselves to determine upon the penalties to be incurred, and to inflict the punishments in case of the contravention of this article, by their respective citizens or subjects.(5)

If any one, being a citizen of the United States, or trading under their authority, shall, in contravention of the stipulations entered into by the

(1) Treaty of 1824, Art. 1.
(2) Ibid. Art. 2.
(3) Ibid. Art. 3.

(4) Ibid. Art. 4.
(5) Ibid. Art. 5.

United States with the emperor of all the Russias, by the last above article, sell, or cause to be sold, to the natives of the country on the north-west coast of America, or any of the islands adjacent thereto, any spirituous liquors, fire arms, or other arms, powder or munitions of war of any kind, the person so offending shall be fined in a sum not less than fifty nor more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months.(1)

The superior courtş in each of the territorial districts, and the circuit courts and other courts of the United States, of similar jurisdiction in criminal causes, in each district of the United States, in which any offender against this act shall be first apprehended or brought for trial, shall have full authority to hear, try and punish, all crimes, offences and misdemeanours, against this act; such courts proceeding therein in the same manner as if such crimes, offences and misdemeanours, had been committed within the bounds of their respective districts.(2)

877. There shall be between the territories of the high contracting parties, a reciprocal liberty of commerce and navigation. The inhabitants of their respective states shall

, mutually, have liberty to enter the ports, places, and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs, and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce.(3)

878. Russian vessels arriving either laden or in ballast, in the ports of the United States of America ; and reciprocally, vessels of the United States arriving, either laden or in ballast, in the ports of the empire of Russia, 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. In regard to light-house duties, pilotage, and port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied upon vessels of commerce, in the name or to the profit of the government, the local authorities, or of any private establishments whatsoever, the high contracting parties shall reciprocally treat each other upon the footing of the most favoured nations with whom they have not treaties now actually in force, regulating the said duties and charges on the basis of an entire reciprocity.(4)

879. All kinds of merchandise and articles of commerce, which may be lawfully imported into the ports of the empire of Russia in Russian vessels, may, also, be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomipation, levied in the name, or to the profit, of the government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or articles of commerce had been imported in Russian vessels. And reciprocally, all kind of merchandise and articles of commerce, which may be lawfully imported into the ports of the United States of America, in vessels of the said states, may, also, be so imported in Russian vessels, 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 the same

(1) Act 19th May, 1828, sec. 1. (2) Ibid. sec. 2.

(3) Treaty 6th December, 1832, art 1. (4) Ibid. art. 2.

merchandise or articles of commerce had been imported in vessels of the United States of America.(1)

It is understood that the stipulations contained in the two preceding articles, are, to their full extent, applicable to Russian vessels and their cargoes, arriving in the ports of the United States of America; and reciprocally, to vessels of the said states and their cargoes, arriving in the ports of the empire of Russia, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country.(2)

880. All kinds of merchandise and articles of commerce, which may be lawfully exported from the ports of the United States of America in national vessels, may, also, be exported therefrom in Russian vessels 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 the same merchandise or articles of commerce, had been exported in vessels of the United States of America. And, reciprocally, all kind of merchandise and articles of commerce, which may be lawfully exported from the ports of the empire of Russia in na. tional vessels, may also be exported therefrom in vessels of the United States of America, 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 the same merchandise or articles of commerce had been exported in Russian vessels.(3)

881. No higher or other duties shall be imposed on the importation into the United States, of any article, the produce or manufacture of Russia ; and no higher or other duties shall be imposed on the importation into the empire of Russia, of any article, the produce or manufacture of the United States, than are, or shall be, payable on the like articles, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States or of Russia, to, or from, the ports of the United States, or to, or from, the ports of the Russian empire, which shall not equally extend to all nations.(4)

882. It is expressly understood that the preceding articles, 2, 3, 4, 5, and 6, shall not be applicable to the coastwise navigation of either of the two countries, which each of the high contracting parties reserves exclusively to itself.(5)

883. The two contracting parties shall have the liberty of having in their respective ports, consuls, vice consuls, agents, and commissaries, of their own appointment, who shall enjoy the same privileges and powers, as those of the most favoured nations; but if any such consul shall exercise com. merce, they shall be submitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place.

The consuls, vice consuls, and commercial agents, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are comraitted to their charge, without the interference of the local authori. ties, un'ess the conduct of the crews, or of the captain, should disturb the order or the tranquillity of the country, or the said consuls, vice consuls, or commercial agents should require their assistance to cause their decisions to

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(1) Treaty 6th December, 1832, art. 3.
(2) Ibid. art. 4.
(3) Ibid. art. 5.

(4) Ibid. art. 6.
(5) Ibid. art. 7.

be carried into effect or supported. It is, however, understood, that this spe. cies of judgment or arbitration shall not deprive the contending parties of the right they have to resort on their return, to the judicial authority of their country.(1)

The said consuls, vice consuls, and commercial agents, are authorized to require the assistance of the local authorities, for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused.

Such deserters, when arrested, shall be placed at the disposal of the said consuls, vice consuls, or commercial agents, and may be confined in the public prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation or any other vessel whatsoever. But if not sent back within four months, from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause.

However, if the deserter should be found to have committed any crime or offence his surrender may be delayed until the tribunal before which his case shall be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect.(2)

894. The citizens and subjects of each of the high contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by testament, donation, or otherwise, and their representatives, being citizens or subjects of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same, at will, paying to the profit of the respective governments, such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided, finally, by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding real estate, within the territories of one of the high contracting parties, such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who by reason of alienage may be incapable of holding it, he shall be allowed the time fixed by the laws of the country, and in case the laws of the country actually in force, may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate and to with: draw and export the proceeds without molestation, and without paying to the profit of the respective governments any other dues than those to which the inhabitants of the country wherein said real estate is situated, shall be subject to pay, in like cases. But this article shall not derogate, in any manner, from the force of the laws already published, or which may hereafter be published by his majesty the emperor of all the Russias, to prevent the emigration of his subjects.(3)

(1) Treaty 6th December, 1832, art. 8. (3) Ibid. art. 10. (2) Ibid. art. 9.

885. If either party shall, hereafter, grant to any other nation, any particular favour in navigation or commerce, it shall, immediately, become common to the other party, freely, where it is freely granted to such other nation, or on yielding the same compensation, when the grant is conditional.(1)

886. The present treaty, of which the effect shall extend, in like manner, to the kingdom of Poland, so far as the same may be applicable thereto, shall continue in force until the first day of January, in the year of our Lord one thousand eight hundred and thirty-nine, and if, one year before that day, one of the high contracting parties, shall not have announced 10 the other, by an official notification, its intention to arrest the operation thereof, this treaty shall remain obligatory one year beyond that day, and so on, until the expiration of the year which shall commence after the date of a similar notification.(2)

887. Certain relations of proximity, and anterior engagements, having rendered it necessary for the Imperial Government to regulate the commercial relations of Russia with Prussia and the kingdoms of Sweden and Norway by special stipulations, now actually in force, and which may be renewed hereafter; which stipulations are, in no manner, connected with the existing regulations for foreign commerce in general ; the two high contract. ing parties, wishing to remove from their commercial relations every kind of ambiguity or subject of discussion, have agreed, that the special stipulations granted to the commerce of Prussia, and of Sweden and Norway, in con. sideration of equivalent advantages granted in these countries, by the one to the commerce of the kingdom of Poland, and by the other to that of the Grand Dutchy of Finland, shall not, in any case, be invoked in favour of the relations of commerce and navigation, sanctioned between the two high contracting parties by the present treaty.(3)

CHAPTER VIII.

RELATIONS WITH TRIPOLI.

Peace and amity declared-favours Vessels attacked in or near port to granted to other nations by one be defended

896 party, to be common to the other 888 Commercial relations between the Free ships to make free goods 889 parties to be on the footing of the Citizens or subjects taken in an most favoured nations

897 enemy's vessel to be liberated 890 Consul of United States not answer. Provision relative to passports and

able for debts of citizens—excepvisiting of vessels

891, 892
tion

898 Provision relative to the purchase of Salutes regulated

899 prize vessels

893 Provision relative to the exercise of Provision relative to supplies and religion. Consular privileges 900

repairs to vessels of one party in Immediate appeal to arms in case of the ports of the other

894 dispute forbidden. In event of Stranded vessels to be relieved and

war consuls may embark

901 protected

895

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• Articles 2 and 3 of the treaty with Tripoli are omitted as obsolete. Article 2, provided for the exchange of prisoners; and article 3, for the withdrawal of the American forces from Derne.

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