The following is the form, or model, of the inscription: francos, El portador de la presente tiene derecho á una Consiguiente al mismo real decreto se destina cada de de El Secretario de Estado y del Despacho de Hacienda. In witness whereof we, the undersigned Plenipotentiaries of H. Catholic M. the Queen of Spain and of the United States of America, have signed this model, and have affixed thereunto our seals. Done at Madrid, this day of JOSÉ DE HEREDIA. [L. S.] [Under the Spanish treaty of 1795, stipulating that free ships shall make free goods, the want of such a sea-letter or passport, or such certificates as are described in the seventeenth article, is not a substantive ground of condemnation. It only authorizes capture and sending in for adjudication, and the proprietary interest in the ship may be proved by other equivalent testimony. But if, upon the original evidence, the cause appears extremely doubtful and suspicious, and further proof is necessary, the grant or denial of it rests on the same general rules which govern the discretion of prize courts in other cases. (The Pizarro, 2 Wheat., 227.) The term "subjects," in the fifteenth article of the treaty, when applied to persons owing allegiance to Spain, must be construed in the same sense as the term "citizens," or "inhabitants," when applied to persons owing allegiance to the United States, and extends to all persons domiciled in the Spanish dominions. (Ibid.) The Spanish character of the ship being ascertained, the proprietary interest of the cargo cannot be inquired into, unless so far as to ascertain that it does not belong to citizens of the United States whose property engaged in trade with [the enemy is not protected by the treaty. (Ibid.) The seventeenth article of the treaty of 1795, so far as it purports to give any effect to passports, is imperfect and inoperative, in consequence of the omission to annex the form of passport to the treaty. (The Amiable Isabella, 6 Wheat., 1; The Amistad, 15 Peters, 521.) By the treaty of 1795, free ships make free goods, but the form of the passport, by which the freedom of the ship was to have been conclusively established, never having been duly annexed to the treaty, the proprietary interest of the ship is to be proved according to the ordinary rules of the prize court, and if thus shown to be Spanish, will protect the cargo on board, to whomsoever the latter may belong. (Ibid.) The treaty with Spain of 1795 does not contain, express or implied, a stipulation that enemy's ships shall make enemy's goods. (The Nereide, Bennet, Master, 9 Cranch, 388.) That treaty prohibits an American citizen from taking a commission to cruise against Spanish vessels in a privateer, but not in a public armed vessel of a belligerent nation. (The Santissima Trinidad, 7 Wheaton, 283.) To entitle a Spanish owner, under the treaty with that power, to entire restitution free of salvage, of his property captured as prize of war, by a professed enemy, and rescued, it is incumbent on the party to produce prima-facie proof that the captors were pirates and robbers. (Le Tigre, 3 Washington's Circuit Court Reports, 567. See The Maria Josepha, 2 Wheeler's Criminal Cases, 600.) If the capture were made by a neutral, it would be prima facie piratical, unless she were shown to have been regularly commissioned; if the captor were, in fact, an enemy, the capture would be legal whether she were commissioned or not. (Ibid.) The eighth article of the treaty of 1818 did not, proprio vigore, confirm Spanish grants; it was reserved for Congress to execute its provisions. (Foster vs. Neilson, 2 Peters, 253. See Garcia vs. Lee, 12 Peters, 511; Keene vs. Whitaker, 14 Peters, 170; Chouteau vs. Eckhart, 2 Howard, 344; United States vs. King, 3 Howard, 773; United States vs. Reynes, 9 Howard, 127; United States vs. Philadelphia, 11 Howard, 609; United States vs. Turner, Ibid., 663.) By the treaty of 1819, land heretofore completely granted by the King were excepted out of the grant to the United States. (United States vs. Arredondo, 6 Peters, 691; United States vs. Percheman, 7 Peters, 51; Garcia vs. Lee, 12 Peters, 511; Keene vs. Whitaker, 14 Peters, 170; United States vs. Reynes, 9 Howard, 127; United States vs. Philadelphia, 11 Howard, 609.) The words of that treaty do not require actual occupancy; they are satisfied by that constructive possession which is attributed by the law to legal ownership. (Ibid.) A condition to settle two hundred families on the land granted, was held to be a condition subsequent, and performance excused in equity, by circumstances and change of jurisdiction. (Ibid.) An inquisition having been taken under the Spanish authorities, by which it was found that the Indians had previously abandoned the lands granted, this was held to be res judicata. (Ibid.) The title to land which had been granted by the King of Spain, was confirmed by force of the instrument itself. (United States vs. Percheman, 7 Peters, 51; United States vs. Clarke, 9 Peters, 168; Mitchell vs. United States, Ibid., 711; Smith vs. United States, 10 Peters, 326; Garcia vs. Lee, 12 Peters, 511.) The commissioners appointed under the treaty of 1819, had power to decide conclusively upon the amount and validity of claims, but not upon the conflicting right of parties to the sums awarded. (Comegys vs. Vasse, 1 Peters, 193; S. C., 4 Washington's Circuit Court Reports, 570.) By the treaty ceding Florida to the United States, the inhabitants became entitled to all the privileges, rights, and immunities of citizens of the United States. (American Insurance Company vs. Canter, 1 Peters, 511.) By the treaty of cession, the United States obtained no rights to lands, except such as were then vested in the King of Spain. (Strother vs. Lucas, 12 Peters, 411; United States vs. Kingsley, Ibid., 476.) The obligation of perfecting titles under Spanish concessions, assumed by the United States in the Louisiana treaty, was a political obligation, to be carried out by the legislative department. (Chouteau vs. Eckhart, 2 Howard, 344.) Congress, in confirming or rejecting claims, acted as the successor of the intendant general; and both exercised in this respect a portion of sovereign power. (Ibid.) Under the ninth article of the treaty of 1819, providing for the restoration of property rescued from pirates and robbers on the high seas, it is necessary to show 1. That what is claimed falls within the description of vessels or merchandise. 2. That it has been rescued on the high seas from pirates and robbers. 3. That the asserted proprietors are the true proprietors, and have established their title by competent proof. (United States vs. The Amistad, 15 Peters, 518; S. C., 1 Hazard's U. S. Register, 177, 244.) Native Africans, unlawfully kidnapped and imported into a Spanish colony, contrary to the laws of Spain, are not merchandise; nor can any person show that he is entitled to them as their proprietor; nor are they pirates or robbers if they rise and kill the master and take possession of the vessel to regain their liberty. (Ibid.) Native Africans unlawfully detained on board a Spanish vessel, are not bound by a treaty between the United States and Spain, but may, as foreigners to both countries, assert their rights to their liberty before our courts. (Ibid.)] SWEDEN. SWEDEN, 1783. TREATY OF AMITY AND COMMERCE BETWEEN HIS MAJESTY THE KING OF SWEDEN AND THE UNITED STATES OF NORTH AMERICA. CONCLUDED APRIL 3, 1783; RATIFIED BY THE KING OF SWEDEN MAY 23, 1783, AND BY THE CONGRESS OF THE UNITED STATES JULY 29, 1783. [This treaty terminated by the limitation contained in the first separate article. post, fifteen years after the exchange of ratifications, but was revived in part by Article XII of the treaty of 1816, post, and was again revived in part by Article XVII of the treaty of 1827, post.] The King of Sweden, of the Goths and Vandals, &c., &c., &c., and the thirteen United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to establish, in a stable and permanent manner, the rules which ought to be observed relative to the correspondence and commerce which the two parties have judged necessary to establish between their respective countries, states, and subjects: His Majesty and the United States have thought that they could not better accomplish that end than by taking for a basis of their arrangements the mutual interest and advantage of both nations, thereby avoiding all those burthensome preferences which are usually sources of debate, embarrassment, and discontent, and by leaving each party at liberty to make, respecting navigation and commerce, those interior regulations which shall be most convenient to itself. With this view, His Majesty the King of Sweden has nominated and appointed for his Plenipotentiary Count Gustavus Philip de Creutz, his Ambassador Extraordinary to His Most Christian Majesty, and Knight Commander of his orders; and the United States, on their part, have fully empowered Benjamin Franklin, their Minister Plenipotentiary to His Most Christian Majesty. The said Plenipotentiaries, after exchanging their full powers, and after mature deliberation in consequence thereof, have agreed upon, concluded, and signed the following articles: ARTICLE I. Peace and friendship. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the King of Sweden, his heirs and successors, and the United States of America, and the subjects of His Majesty, and those of the said States, and between the countries, islands, cities, and towns situated under the jurisdiction of the King and of the said United States, without any exception of persons or places; and the conditions agreed to in this present treaty shall be perpetual and permanent between the King, his heirs and successors, and the said United States. * Translation from the original, which is in the French language. ARTICLE II. The King and the United States engage mutually not to grant hereafter any particular favour to other nations in respect to Favors granted. commerce and navigation which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. Subjects of Sweden. entitled to the same privileges in United States as the most favoured nations. ARTICLE III. The subjects of the King of Sweden shall not pay in the ports, havens, roads, countries, islands, cities, and towns of the United States, or in any of them, any other nor greater duties or imposts, of what nature soever they may be, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another of the United States, or in going to or from the same, from or to any part of the world whatever. Citizens of the tled to the same as the most favoured actions. ARTICLE IV. The subjects and inhabitants of the said United States shall not pay in the ports, havens, roads, islands, cities, and towns under United States enti- the dominion of the King of Sweden, any other or greater privileges in Sweden duties or imposts, of what nature soever they may be, or by what name soever called, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another of the dominion of His said Majesty, ' or in going to or from the same, from or to any part of the world what ever. Liberty of con ARTICLE V. There shall be granted a full, perfect, and entire liberty of conscience to the inhabitants and subjects of each party; and no perscience, &c., secured son shall be molested on account of his worship, provided he submits so far as regards the public demonstration of it to the laws of the country. Moreover, liberty shall be granted, when any of the subjects or inhabitants of either party die in the territory of the other, to bury them in convenient and decent places, which shall be assigned for the purpose; and the two contracting parties will provide each in its jurisdiction, that the subjects and inhabitants respectively may obtain certificates of the death, in case the delivery of them is required. Estates. ARTICLE VI. The subjects of the contracting parties in the respective States may freely dispose of their goods and effects, either by testament, donation, or otherwise, in favour of such persons as they think proper; and their heirs, in whatever place they shall reside, shall receive the succession even ab intestato, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, as well as the capitals and effects which the subjects of the two parties, in changing their dwelling, shall be desirous of removing from the place of their abode, shall be exempted from all duty called "droit de détraction" on the part of the Government of the two States, respectively. But it is at the same time agreed that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations, or which may hereafter be published, which shall remain in full force and vigor. The United States, on their part, or any of them, shall be at liberty to make, respecting this . matter, such laws as they think proper. ARTICLE VII. Trade with rations at war with the other. All and every the subjects and inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels, in all safety and freedom, and without any regard to those to whom the merchandizes and cargoes may belong, from any port whatever; and the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their vessels, and, with the same liberty and safety, to frequent the places, ports, and havens of Powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same or of different Princes. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the merchandizes free, and that everything which shall be on free goods; except board of ships belonging to subjects of the one or the other of the contracting parties shall be considered as free, even though the cargo, or a part of it, should belong to the enemies of one or both, it is nevertheless provided that contraband goods shall always be excepted; which being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed that the same liberty be extended to persons who may be on board a free ship, with this effect, that, although they be enemies to both or either of the parties, they shall not be taken out of the free ship, unless they are soldiers in the actual service of the said enemies. ARTICLE VIII. Free ships make contraband articles. This liberty of navigation and commerce shall extend to all kinds of merchandizes, except those only which are expressed in the following article, and are distinguished by the name of contraband goods. ARTICLE IX. Contraband goods. Under the name of contraband or prohibited goods shall be comprehended arms, great guns, cannon-balls, arquebuses, musquets, mortars, bombs, petards, granadoes, saucisses, pitchballs, carriages for ordnance, musquet-rests, bandoleers, cannon-powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halbards, javelins, pistols and their holsters, belts bayonets, horses with their harness, and all other like kinds of arms and instruments of war for the use of troops. |