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other use: all which shall be wholly reckoned among free goods; as likewise all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner by the Subjects of both Confederates, even to Places belonging to an Enemy, such Towns or Places being only excepted as are at that time besieged, blocked up, or invested.

XXV. To the end that all manner of dissentions and quarrels may be avoided and prevented, on one side and the other, it is agreed, that, in case either of the Parties hereto should be engaged in War, the Ships and Vessels belonging to the Subjects or People of the other Ally must be furnished with Sea Letters or Passports, expressing the name, property, and bulk of the Ship, as also the name and place of habitation of the Master or Commander of the said Ship, that it may appear thereby that the Ship really and truly belongs to the Subjects of one of the Parties, which Passport shall be made out and granted according to the Form annexed to this Treaty; they shall likewise be recalled

every year, that is, if the Ship happens to return home within the space of a year. It is likewise agreed, that such Ships being laden are to be provided not only with Passports as abovementioned, but also with Certificates, containing the several particulars of the Cargo, the place whence the Ship sailed, and whither she is bound,


may be known whether any forbidden or contraband goods be on board the same; which Certificates shall be made out by the Officers of the Place whence the Ship set sail, in the accustomed form; and if any one shall think it fit or advisable to express in the said Certificates the Person to whom the goods on board belong, he may freely do so.

XXVII. If the Ships of the said Subjects, People, or Inhabitants of either of the Parties, shall be met with, either sailing along the Coasts or on the High Seas, by any Ship of War of the other, or by any Privateers, the said Ships of War or Privateers, for the avoiding of any disorder, shall remain out of cannon shot, and may send their Boats aboard the Merchant Sbip which they shall so meet with, and may enter her to the number of 2 or 3 Men only, to whom the Master or Commander of such Ship or Vessel sball exbibit bis Passport concerning the property of the Ship, made out according to the Form inserted in this present Treaty; and the Ship, when she shall have showed such Passport, shall be free and at liberty to pursue her Voyage, so as it shall not be lawful to molest er search her in any manner, or to give her chase, or force her to quit her intended course.

that so

No. 3.-Treaty of Amity, Commerce, and Navigation, between The United States and Great Britain.London, 19th November, 1794.

Art. III. It is agreed that it shall at all times be free to His Ma. jesty's Subjects, and to the Citizens of The United States, and also to the Indians dwelling on either side of the said Boundary Line, freely to pass and repass, by land, or inland navigation, into the respective Territories and Countries of the 2 Parties, on the Continent of America, (the Country within the limits of the Hudson's Bay Company only excepted,) and to navigate all the lakes, rivers, and waters thereof, and freely to carry on Trade aod Commerce with each other. But it is understood that this Article does not extend to the admission of Vessels of The United States into the Seaports, Harbours, Bays, or Creeks of His Majesty's said Territories; nor into such parts of the Rivers in His Majesty's said Territories as are between the mouth thereof and the highest Port of Entry from the Sea, except in small Vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect; nor to the admission of British Vessels from the Sea into the Rivers of The United States, beyond the highest Ports of Entry for Foreign Vessels from the Sea. The River Mississippi shall, however, according to the Treaty of Peace, be entirely open to both Parties; and it is further agreed, that all the Ports and Places on its eastern side, to whichsoever of the Parties belonging, may freely be resorted to and used by both parties, in as ample a manner as any of the Atlantic Ports or Places of The United States, or any of the Ports or Places of His Majesty in Great Britain.

All goods and merchandise whose importation into His Majesty's said Territories in America shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by the Citizens of The United States; and such goods and merchandise shall be subject to no bigber or other Duties than would be payable by His Majesty's Subjects on the importation of the same from Europe joto the said Territories. And in like manner,'all goods and merchandise whose importation into The United States shall not be wholly prohibited, may freely, for the purpose of commerce, he carried into the same, in the manner aforesaid, by His Majesty's Subjects; and such goods and merchandise shall be subject to no higher or other Duties than would be payable by the Citizens of The United States on the importation of the same in American Vessels into the Atlantic Ports of the said States. And all goods not prohibited to be exported from the said Territories respectively may, in like manner, be carried out of the same by the 2 Parties respectively, paying Duty as aforesaid.

No Duty of Entry shall ever be levied by either Party on peltries

brought by land, or inland navigation, into the said Territories respectively; nor shall the Indians, passing or repassing with their own proper goods and effects, of whatever nature, pay for the same any Impost or Duty whatever. But goods in bales, or other large packages, unusual among Indians, shall not be considered as goods belonging bona fide to Indians.

No higher or other tolls or rates of ferriage than what are or shall be payable by Natives shall be demanded on either side; and no Duties shall be payable on any goods which shall merely be carried over any of the portages or carrying places on either side, for the purpose of being immediately reembarked and carried to some other place or places. But as by this stipulation it is only meant to secure to each Party a free passage across the portages on both sides, it is agreed that this exemption from Duty shall extend only to such goods as are carried in the usual and direct road across the portage, and are not attempted to be in any manner sold or exchanged during their passage across the same; and proper regulations may be established to prevent the possibility of any frauds in this respect.

As this Article is intended to render in a great degree the local advantages of each Party common to both, and thereby to promote a disposition favorable to friendship and good neighborhood, it is agreed that the respective Governments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein.

XII. His Majesty consents, that it shall and may be lawful, during the time hereinafter limited, for the Citizens of The United States to carry to any of His Majesty's Islands and Ports in the West Indies from The United States, in their own Vessels, not being above the burden of 70 tons, any goods or merchandises, being of the growth, manufacture, or produce of the said States, which it is or may be lawful to carry to the said Islands or Ports, from the said States, in British Vessels; and that the said American Vessels shall be subject there to no other or higher Tonnage Duties or Charges than shall be payable by British Vessels in the Ports of The United States; and that the Cargoes of the said American Vessels shall be subject there to no other or higher Duties or Charges than shall be payable on the like articles if imported there from the said States in British Vessels.

And His Majesty also consents, that it shall be lawful for the said American Citizens to purchase, load, and carry away, in their said Vessels, to The United States, from the said Islands and Ports, all such articles, being of the growth, manufacture, or produce of the said Islands, as may now by law be carried from thence to the said States in British Vessels, and subject only to the same Duties and Charges on exportation, to which British Vessels and their Cargoes

are or shall be subject in similar circumstances : Provided always, that the said American Vessels do carry and land their Cargoes in The United States only; it being expressly agreed and declared, that, during the continuance of this Article, The United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa, or cotton, in American Vessels, either from His Majesty's Islands, or from The United States, to any part of the World, except The United States ; reasonable sea stores excepted : Provided, also, that it shall and may be lawful, during the same period, for British Vessels to import from the said Islands into The United States, and to export from The United States to the said Islands, all articles whatever, being of the growth, produce, or manufacture of the said Islands, or of The United States, respectively, which now may, by the Laws of the said States, be so imported and exported; and that the Cargoes of the said British Vessels shall be subject to no other or higher Duties or Charges than shall be payable on the same articles if so imported or exported in American Vessels.*

It is agreed that this Article, and every matter and thing therein contained, shall continue to be in force during the continuance of the War, in which His Majesty is now engaged ; and also for 2 years from and after the day of the signature of the Preliminary or other Articles of Peace, by which the same may be terminated.

And it is further agreed, that, at the expiration of the said term, the 2 Contracting Parties will endeavor further to regulate their commerce, in this respect, according to the situation in which His Majesty may then find himself with respect to the West Indies, and with a view to such arrangements as may best conduce to the mutual advantage and extension of commerce. And the said Parties will then also renew their discussions, and endeavor to agree whether in any or what cases Neutral Vessels shall protect Enemy's property, and in what cases provisions and other articles, not generally contraband, may become such. But, in the mean time, their conduct towards each other, in these respects, shall be regulated by the Artiticles hereinafter inserted on those subjects.

XVII. It is agreed, that in all cases where Vessels shall be captured or detained on just suspicion of having on board Enemy's property, or of carrying to the Enemy any of the articles which are Contraband of War, the said Vessel shall be brought to the nearest or most convenient Port; and if any property of an Enemy should be found on board such Vessel, that part only which belongs to the Enemy shall be made prize, and the Vessel shall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay in deciding the cases of Ships or Cargoes so brought in for adjudication, and in the payment or recovery

* This Article thus far annulled, (by the Additional Article.)

of any indemnification adjudged or agreed to be paid to the Masters or Owners of such Ships.

XVIII. In order to regulate what is in future to be esteemed Contraband of War, it is agreed, that under the said denomination shall be comprised, all arms and implements serving for the purposes of war, by land or by sea, such as cannon, muskets, inortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musketrests, bandoliers, gunpowder, match, saltpetre, ball, spikes, swords, head-pieces, cuirasses, halberds, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war; as also timber for ship-building, tar or rozin, copper in sheets, sails, hemp, and cordage; and generally whatever may serve directly to the equipment of vessels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an Enemy.

And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles, not generally Contraband, may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise, it is further agreed, that whenever any such articles, so becoming Contraband according to the existing Laws of Nations, shall, for that reason, be seized, the same shall not be confiscated, but the Owners thereof shall be speedily and completely indemnified; and the Captors, or, in their default, the Government under whose authority they act, shall pay to the Masters or Owners of such Vessels the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.

And whereas it frequently happens that l'essels sail for a Port or Place belonging to an Enemy, without knowing that the same is either besieged, blockaded, or invested; it is agreed that every Vessel so circumstanced may be turned away from such Port or Place; but she shall not be detained, nor her cargo, if not Contraband, be confiscated, unless, after notice, she sball again attempt to enter; but she shall be permitted to go to any other Port or Place she may think proper: nor shall any Vessel or goods of either Party that may have entered into such Port or Place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such Place, be liable to confiscation, but shall be restored to the Owners or Proprietors thereof.

XXIII. The Ships of War of each of the Contracting Parties shall, at all times, be hospitably received in the Ports of the other, their Officers and Crews paying due respect to the Laws and Government of the Country. The Officers shall be treated with that respect which is due to the Commissions which they bear; and if any insult should be

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