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The Duchy of Oldenburg became incorporated in the North German Union 1867. On March 10, 1847, it acceded to the treaty of commerce and navigation concluded with the Kingdom of Hanover June 10, 1846 (see page 428), and December 30, 1853, it acceded to the extradition treaty with Prussia and other Germanic States concluded June 16, 1852. (See page 648.)
ORANGE FREE STATE.
CONVENTION OF FRIENDSHIP, COMMERCE, AND EXTRADITION.
Concluded December 22, 1871; ratification advised by the Senate April 24, 1872; ratified by the President April 27, 1872; ratifications exchanged August 18, 1873; proclaimed August 23, 1873. (Treaties and Conventions, 1889, p. 794.)
By notification from the Government of the Orange Free State this convention of fourteen articles was denounced January 4, 1895.
Concluded October 28, 1896; ratified by the Senate January 28, 1897; ratified by the President February 21, 1899; ratifications exchanged April 20, 1899; proclaimed April 21, 1899. (U. S. Stats., vol. 31, p. 1813.)
This treaty, containing twelve articles, was terminated by the conquest of the Orange Free State and its incorporation into the British Empire.
TREATY OF COMMERCE AND NAVIGATION.
Concluded May 7, 1830; ratification advised and time for exchange of ratifications extended by the Senate February 1, 1881; ratified by the President February 2, 1831; ratifications exchanged October 5, 1831; proclaimed February 4, 1832. (Treaties and Conventions, 1889, p. 798.)
(The text here printed is a translation from the original treaty, which was in the Turkish language. Differences of opinion as to the true meaning of certain portions have been the subject of diplomatic correspondence without reaching an accord.)
I. Trade privileges.
II. Consular officers.
III. Treatment of United States merchants and vessels.
IV. Judicial treatment of United States citizens.
V. Use of United States flag.
VII. Navigation of the Black Sea.
The object of this firm Instrument, and the motive of this writing well drawn up, is that:
No Treaty or diplomatic and official convention, having heretofore, existed between the Sublime Porte of perpetual duration, and the United States of America; at this time, in consideration of the desire formerly expressed, and of repeated propositions which have, lately, been renewed by that Power, and in consequence of the wish entertained by the Sublime Porte to testify to the United States of America, its sentiments of friendship, We, the undersigned Commissioner, invested with the high Office of Chief of the Chancery of State of the Sublime Porte existing forever, having been permitted by His very Noble Imperial Majesty to negotiate and conclude a Treaty, and having thereupon conferred with our friend, the Honorable Charles Rhind, who has come to this Imperial Residence, furnished with full powers, to negotiate settle and conclude, the Articles of a Treaty, separately and jointly, with the other two Commissioners, Commodore Biddle and David Offley, now at Smyrna, Have arranged, agreed upon and concluded, the following articles:
Merchants of the Sublime Porte, whether Mussulmans or Rayahs, going and coming, in the countries, provinces and ports, of the United States of America, or proceeding from one port to another, or from
a Federal cases: Dainese v. Hale, 91 U. S., 13; 1 McArthur (D. C.), 86; Dainese v. United States, 15 Ct. Cl., 64.
the ports of the United States to those of other countries, shall pay the same duties and other imposts, that are paid by the most favored nations; and they shall not be vexed by the exaction of higher duties; and in traveling by sea and by land, all the privileges and distinctions observed towards the subjects of other Powers, shall serve as a rule, and shall be observed, towards the merchants and subjects of the Sublime Porte. In like manner, American merchants who shall come to the well defended countries and ports of the Sublime Porte, shall pay the same duties and other imposts, that are paid by merchants of the most favored friendly Powers, and they shall not, in any way, be vexed or molested. On both sides, travelling passports shall be granted.
The Sublime Porte may establish Shahbenders (Consuls) in the United States of America; and the United States may appoint their citizens to be Consuls or Vice-Consuls at the commercial places in the dominions of the Sublime Porte where it shall be found needful to superintend the affairs of commerce. These Consuls or Vice-Consuls shall be furnished with Berats or Firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection.
American merchants established in the well-defended states of the Sublime Porte, for purposes of commerce, shall have liberty to employ Semsars (brokers) of any nation or religion, in like manner as merchants of other friendly powers; and they shall not be disturbed in their affairs, nor shall they be treated, in any way, contrary to established usages. American vessels arriving at or departing from the ports of the Ottoman Empire shall not be subjected to greater visit by the Officers of the Custom-House and the Chancery of the port than vessels of the most favored nations.
If litigations and disputes should arise, between subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes, in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted, of any crime or offence, shall not be molested; and even when they may have committed some offence, they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following in this respect, the usage observed towards other Franks.
American merchant vessels that trade to the dominions of the Sublime Porte, may go and come in perfect safety with their own flag; but they shall not take the flag of any other Power, nor shall they grant their flag to the vessels of other Nations and Powers, nor to vessels of Rayahs. The Minister, Consuls, and Vice-Consuls of the United States, shall not protect, secretly or publicly, the Rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down, and agreed to by mutual consent.
Vessels of war of the two contracting parties, shall observe towards each other, demonstrations of friendship and good intelligence, according to naval usage; and towards merchant vessels they shall exhibit the same kind and courteous manner.
Merchant vessels of the United States, in like manner as vessels of the most favored nations, shall have liberty to pass the canal of the Imperial Residence, and go and come in the Black sea, either laden or in ballast; and they may be laden with the produce, manufactures and effects of the Ottoman Empire, excepting such as are prohibited, as well as of their own country.
Merchant vessels of the two Contracting Parties shall not be forcibly taken, for the shipment of troops, munitions and other objects of war, if the Captains or Proprietors of the vessels, shall be unwilling to freight them.
If any merchant vessel of either of the contracting parties should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved; and the merchandise and effects, which it may be possible to save and recover, shall be conveyed to the Consul nearest to the place of the wreck, to be, by him, delivered to the Proprietors.
The foregoing articles, agreed upon and concluded, between the Riasset (Chancery of State) and the above-mentioned Commissioner of the United States, when signed by the other two Commissioners, shall be exchanged. In ten months, from the date of this temessuck, or instrument of Treaty, the exchange of the ratifications of the two Powers shall be made, and the articles of this Treaty shall have full force and be strictly observed, by the two Contracting Powers. Given the 14th day of the moon Zilcaade, and in the year of the Hegira, 1245, corresponding with the 7th day of May of the year 1830 of the Christian Era.
TREATY OF COMMERCE AND NAVIGATION."
Concluded February 25, 1862; ratification advised by the Senate April 9, 1862; ratified by the President April 18, 1862; ratifications exchanged June 5, 1862; proclaimed July 2, 1862. (Treaties and Conventions, 1889, p. 800.)
This treaty of twenty-three articles is contended to have been abrogated upon notice given by the Turkish Government, to date from June 5, 1884. (See notes, Treaties and Conventions, 1889, p. 1372.)
a Federal case: Dainese v. Hale, 91 U. S., 13; 1 McArthur (D. C.), 86.