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W. Troost Simons, Esq. United States' Consul for Westphalia and the

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THE

COMMERCIAL INTERCOURSE

BETWEEN

GREAT BRITAIN AND HER DEPENDENCIES,

AND THE

UNITED STATES OF AMERICA,

As established by existing Treaties, viz. the Convention of 3d July, 1815, the Act of Congress of 29th May, 1830, the Order in Council of 5th November, 1830, and the President's Proclamation of 5th October, 1830.

A DIGEST DRAWN UP AT THE INSTANCE OF THE SECRETARY OF THE UNITED STATES' TREASURY.*

I. THE COMMERCIAL INTERCOURSE OF THE AMERICANS WITH THE EUROPEAN POSSESSIONS OF GREAT BRITAIN.

1. There shall be between the territories of the United States of America, and all the territories of His Britannic Majesty in Europe, a reciprocal liberty of commerce. The inhabitants of the two countries respectively, shall have liberty freely and securely to come with their ships and cargoes to all such places, ports, and rivers, in the territories aforesaid, to which other foreigners are permitted to come, to enter into the same, and to remain and reside in any parts of the said territories respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and generally, the merchants and traders of each nation respectively, shall enjoy the most complete protection and security for their commerce, but subject always to the laws and statutes of the two countries respectively.

2. No higher or other duties shall be imposed on the importation into the United States, of any articles, the growth, produce, or manufacture of His Britannic Majesty's territories in Europe, and no higher or other duties shall be imposed on the importation into the territories of

* See a Digest of the Treaties and Statutes of the United States, by Thomas F. Gordon.

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His Britannic Majesty in Europe, of any article, the growth, produce, or manufacture of the United States, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country; nor shall any higher or other duties, or charges be imposed in either of the two countries, on the exportation of any articles to the United States, or to His Britannic Majesty's territories in Europe, respectively, than such as are payable on the exportation of the like articles to any other foreign country.

3. Nor shall any prohibition be imposed on the exportation or importation of any articles, the growth, produce, or manufacture of the United States, or of His Britannic Majesty's territories in Europe, to or from the said territories of His Britannic Majesty in Europe, or to or from the said United States, which shall not equally extend to all other nations.

4. No higher or other duties or charges shall be imposed in any of the ports of the United States on British vessels, than those payable in the same ports by vessels of the United States; nor in the ports of any of His Britannic Majesty's territories in Europe, on the vessels of the United States than shall be payable in the same ports on British vessels.

5. The same duties shall be paid on the importation into the United States of any articles, the growth, produce, or manufacture of His Britannic Majesty's territories in Europe, whether such importations shall be in vessels of the United States or in British vessels; and the same duties shall be paid on the importation into the ports of any of His Britannic Majesty's territories in Europe, of any article, the growth, produce, or manufacture of the United States, whether such importation shall be in British vessels, or in vessels of the United States.

6. The same duties shall be paid, and the same bounties allowed, on the exportation of any articles, the growth, produce, and manufacture of His Britannic Majesty's territories in Europe, to the United States, whether such exportation shall be in vessels of the United States, or in British vessels; and the same duties shall be paid, and the same bounties allowed, on the exportation of any articles, the growth, produce, or manufacture of the United States, to His Britannic Majesty's territories in Europe, whether such exportation shall be in British vessels, or in vessels of the United States.

7. It is further agreed, that in all cases where drawbacks are or may be allowed upon the re-exportation of any goods, the growth, produce, or manufacture of either country respectively, the amount of

the said drawback shall be the same, whether the said goods shall have been originally imported in a British or an American vessel.

8. But when such re-exportation shall take place from the United States, in a British vessel, or from the territories of His Britannic Majesty in Europe, in an American vessel, to any other foreign nation, the two contracting parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback.

II. THE COMMERCIAL INTERCOURSE OF THE AMERICANS WITH THE COLONIAL POSSESSIONS OF GREAT BRITAIN.

9. The intercourse between the United States and His Britannic Majesty's possessions in the West Indies, and on the continent of North America is not affected by any of the provisions of the articles. Nos. 2, 3, 4, 5, 6, 7, and 8.

The following is the substance of the President's proclamation of 5th October, 1830, opening the trade between the United States and the British colonies in the West Indies, &c.

10. Whereas, by an Act of the congress of the United States, passed on the 29th of May, 1830, it is provided that, whenever the President of the United States shall receive satisfactory evidence that the government of Great Britain will open the ports in its colonial possessions in the West Indies, on the continent of South America, the Bahama Islands, the Caicos, and the Bermuda Islands, to the vessels of the United States, for an indefinite or for a limited term,

11. That the vessels of the United States, and their cargoes, on entering the aforesaid colonial ports, shall not be subject to other or higher duties of tonnage or impost, or charges of any other description, than would be imposed on British vessels, or their cargoes, arriving in the said colonial possessions from the United States,—

12. That the vessels of the United States may import into the said colonial possessions, from the United States, any article or articles, which could be imported in a British vessel from the United States,—

13. And that the vessels of the United States may export from the British colonies aforementioned, to any country whatever, other than the dominions or possessions of Great Britain, any article or articles, that can be exported therefrom in a British vessel, to any country, other than the British dominions or possessions aforesaid,

* See Articles 23 and 24.

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14. Leaving the commercial intercourse of the United States, with all other ports of the British dominions or possessions on a footing not less favourable than it is now,

15. That then, and in such case, the President of the United States shall be authorized to issue his proclamation, declaring that he has received such evidence; and that, thereupon, and from the date of such proclamation, the ports of the United States shall be opened, indefinitely, or for a term fixed, as the case may be, to British vessels coming from the said colonial possessions, and their cargoes subject to no other or higher duty of tonnage or impost, or charge of any description whatever, than could be levied on the vessels of the United States, or their cargoes, arriving from the said British possessions :

16. And that it shall be lawful for the said British vessels to import into the United States, and to export therefrom, any article or articles, which may be imported or exported in vessels of the United States; and that the Act, entitled "An Act concerning navigation," passed on the 18th of April, 1818, and the Act supplementary thereto, passed on the 15th of May, 1820, and an Act entitled, "an Act to regulate the commercial intercourse between the United States and certain British ports," passed on the 1st of March, 1823, shall in such case, be suspended, or absolutely repealed, as the case may require,—

17. And whereas by the said Act, it is further provided, that whenever the ports of the United States shall have been opened under the authority thereby given, British vessels and their cargoes shall be admitted to an entry in the ports of the United States from the islands, provinces, or colonies of Great Britain, on or near the North American continent, and north or east of the United States,—

18. And whereas satisfactory evidence has been received by the President of the United States, that, whenever he shall give effect to the provisions of the aforesaid Act, the Government of Great Britain will open, for an indefinite period, the ports of its colonial possessions in the West Indies, on the continent of South America, the Bahama Islands, the Caicos, and the Bermuda Islands, to the vessels of the United States, and their cargoes, upon the terms, and according to the requisitions of the aforesaid Act of congress,

19. "Now, therefore, I, A. J., President of the United States of America, do hereby declare and proclaim that such evidence has been received by me; and that by the operation of the Act of Congress, passed on the 29th of May, 1830, the ports of the United States are, from this day (5th October 1830) open to British vessels, coming from

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