ART. 7. The preceding articles are not applicable to the coastwise navigation of the two countries, which is, respectively, reserved, by each of the high contracting parties, exclusively, to itself. ART. 8. No priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, corporation, or agent, acting on their behalf, or under their authority, in the purchase of any article of commerce, lawfully imported, on account of, or in reference to, the character of the vessel, whether it be of the one party, or of the other, in which such article was imported: it being the true intent and meaning of the contracting parties, that no distinction or difference whatever, shall be made in this respect. ART. 9. If either party shall, hereafter, grant to any other nation, any particular favor 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. ART. 10. The two contracting parties have granted to each other the liberty of having, each in the ports of the other, Consuls, ViceConsuls, Agents and Commissaries of their own appointment, who shall enjoy the same privileges and powers, as those of the most favored nations. But if any such Consul shall exercise commerce, 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 committed to their charge, without, the interference of the local authorities, unless the conduct of the crews, or of the captain, should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species 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. ART. 11. The said Consuls, Vice-Consuls, and Commercial Agents, are authorized to require the assistance of the local authorities, for the search, arrest, 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, on 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 sent to the vessels to which they belonged, or to others of the same country. But if not sent back within three 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. ART. 12. The twelfth article of the treaty of amity and commerce, concluded between the parties in 1785, and the articles from the thirteenth to the twentyfourth, inclusive, of that which was concluded at Berlin in 1799, with the exception of the last paragraph in the nineteenth article, relating to the treaties with Great Britain, are hereby revived with the same force and virtue, as if they made part of the context of the present treaty; it being, however, understood that the stipulations contained in the articles thus revived, shall be al-' ways considered as, in no manner, affecting the treaties or conventions concluded by either party with other powers, during the interval between the expiration of the said treaty of 1799, and the commencement of the operation of the present treaty. The parties being still desirous, in conformity with their intention declared in the twelfth article of the said treaty of 1799, to establish between themselves, or in concert with other maritime powers, further provisions to insure just protection and freedom, to neutral navigation and commerce, and which may, at the same time, advance the cause of civilization and humanity, engage again to treat on this subject, at some future and convenient period. ART. 13. Considering the remoteness of the respective countries of the two high contracting parties, and the uncertainty resulting therefrom, with respect to the various events which may take place, it is agreed that a merchant vessel belonging to either of them, which may be bound to a port supposed, at the time of its departure to be blockaded, shall not, however, be captured or condemned, for having attempted, a first time, to enter said port, unless it can be proved that said vessel could, and ought to, have learned, during its voyage, that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall, during the same voyage, attempt a second time to enter the same blockaded port, during the continuance of the said blockade, shall then subject themselves to be detained and condemned. ART. 14. The citizens or subjects of each party 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 suc ceed 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 their will, paying 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, in like case, until the lawful owner may take measures for receiving them. And if question should arise among several claimants, 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 the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same and to withdraw the proceeds without molestation, and exempt from all duties of detraction, on the part of the Government of the respective States. But this article shall not derogate, in any manner, from the force of the laws already published or hereafter to be published, by his Majesty the King of Prussia to prevent the emigration of his subjects. ART. 15. The present treaty shall continue in force for twelve years, counting from the day of and if twelve months before the expiration of that period, neither of the high contracting parties shall have announced, by an official ratification to the other its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar notification, whatever the time at which it may take place. ART. 16. This treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by his Majesty the King of Prussia, and the ratifications shall be exchanged in the City of Washington, within nine months from the date of the signature hereof, or sooner, if possible. In faith whereof the respective Plenipotentiaries have signed the above articles, both in the French and English languages; and they have thereto affixed their seals, declaring, nevertheless, that the signing in both languages shall not be brought into precedent, nor in any way operate to the prejudice of either party. Done in triplicate at the City of Washington, on the first day 'of May, in the year of our Lord one thousand eight hundred and twentyeight; and the fiftysecond of the Independence of the United States of America. Signed, H. CLAY, LUDWIG NIEDERSTETTER. The said Treaty was duly rati the exchange of the ratifications; fied on both parts, and the respec tive ratifications of the same were States, and the Sieur Ludwig duly exchanged at Washington Niederstetter, Chargé d'Affaires on the 14th of March, 1829, by of His Majesty, the King of PrusJames A. Hamilton, acting Sec- sia, on the part of His said Maretary of State of the United jesty. Convention between the United States of America and His Majesty the King of Denmark, signed at Copenhagen the 28th of March, 1830. TIAN DE STEMANN, of the order of the Elephant, Grand Cross of the order of Dannebrog, decorated with the silver cross of the same order, His Minister (intime) of State and of Justice, President of His Danish Chancery, etc., and the said Plenipotentiaries after having exchanged their full powers, found in good and due form, have agreed upon and concluded the following articles: THE United States of America, &c, and the Sieur PAUL CHRISand His Majesty the King of Denmark, being equally desirous of terminating the discussions which have taken place between them in respect to the claims and pretensions formed by the citizens of the United States and the subjects of Denmark, having for their object, the seizure, condemnation or confiscation of their vessels, cargoes or property whatsoever, within the territory, or under the authority of the respective Govern- ART. 1. His Majesty the King of ments, have named for this pur- Denmark renounces the indemnipose, and furnished with their full ties which might be claimed from powers: that is to say, the Presi- the Government of the United dent of the United States of States of America, for the subAmerica, by, and with the advice jects of Denmark, on account of and consent of the Senate, HEN- the seizure, detention and conRY WHEATON, Chargé d'Affaires demnation or confiscation of their of the said United States at the vessels, cargoes or property whatCourt of His Majesty, the King soever, under the authority of the of Denmark, &c, and His Ma- said Government; and his Majesty the King of Denmark, the jesty engages, moreover, to pay Sieur ERNEST HENRY, Count de to the said Government, the sum Schimmelmann, Knight of the of six hundred and fifty thousand order of the Elephant, Grand Spanish milled dollars, on account Cross of the order of Dannebrog, of the citizens of the United decorated with the silver cross of States, who have preferred claims the same order, His Minister relating to the seizure, detention, (intime) of State, Chief of His condemnation or confiscation of Department of foreign affairs, their vessels, cargoes or property whatsoever, by the public and private armed ships, or by the tribunals of Denmark, or in the States subject to the Danish sceptre. ART. 2. The payment of the above sum of six hundred and fifty thousand Spanish milled dollars, shall be made, in the times and manner following: On the 31st March, 1831, two hundred and sixteen thousand six hundred and sixtysix dollars and two thirds of a dollar. On the 30th September, 1831, two hundred and sixteen thousand six hundred and sixtysix dollars and two thirds of a dollar. On the 30th September, 1832, two hundred and sixteen thousand six hundred and sixtysix dollars and two thirds of a dollar. To the second payment shall be added the interest for that, and for the last payment, at four per centum per annum, to be computed from the first payment, on the 31st March, 1831. To the third payment shall also be added the interest for that payment, at four per centum per annum, to be computed from the second payment, on the 30th September, 1831. The above sums, thus specified in Spanish milled dollars, shall be paid in bills of exchange, at fifteen days' sight, at Hamburgh; for the payment of which the Danish Government shall be responsible. At the time when the first payment shall be made, on the 31st March, 1831, two obligations, corresponding to the two last payments to be effected for the capital and interest thereof, shall be issued by the Direction for the public debt and the sinking fund of Denmark, to the order of the Department of Foreign Affairs of Denmark, and assigned to the Government of the United States. By the said obligations, His Majesty the King of Denmark shall acknowledge himself debtor, for the sums not yet paid to the Government of the United States of America, and the same shall be delivered to such person or persons, as may be authorized to receive the same by the said Government; and when the said obligations are to be discharged, according to the tenor thereof, by the Danish Government, the person or persons authorized by the Government of the United States, to receive the stipulated payments, shall deliver up the said obligations with receipts for the amount thereof, from the said Government. ART. 3. To ascertain the full amount, and validity of the claims, mentioned in Article 1, a Board of Commissioners, consisting of three citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate, who shall meet at Washington, and within the space of two years from the time of their first meeting shall receive, examine and decide upon, the amount and validity of all such claims, according to the merits of the several cases, and to justice, equity and the law of nations. The Commissioners shall take an oath or affirmation, to be entered in the journal of their proceedings, for the faithful and diligent discharge of their duties. |