Gambar halaman
PDF
ePub

vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise, or articles of commerce had been imported in Russian vessels. And reciprocally, ail kinds of merchandise and articles of commerce, which may be law. fully imported into the ports of the United States of America, in vessels of the said States, may, also, be so imported in Russian vessels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments what soever, than if the same merchan. dise or articles of commerce had been imported in vessels of the United States of America.

ARTICLE IV.

It is understood that the stipulations contained in the two preceding articles are, to their full extent, applicable to Russian vessels and their cargoes, arriving in the ports of the United States of America; and reciprocally, to vessels of the said States and their cargoes, arriving in the ports of the Empire of Russia, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign coun

try.

ARTICLE V.

All kinds of merchandise and articles of commerce, which may be lawfully exported from the ports of the United States of America in national vessels, may, also, be ex

ported therefrom in Russian vessels without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or articles of commerce had been exported in vessels of the United States of America. And reciprocally, all kinds of merchandise and articles of commerce, which may be lawfully exported from the ports of the Empire of Russia in national vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or articles of commerce had been exported in Russian vessels.

ARTICLE VI.

No higher or other duties shall be imposed on the importation into the United States of any article the produce or manufacture of Russia; and no higher or other duties shall be imposed on the importation into the Empire of Russia of any article the produce or manufacture of the United States, than are, or shall.be, payable on the like article, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States or of Russia, to or from the ports of the United States, or to or from the ports of the Russian Empire, which shall not equally extend to all other nations.

ARTICLE VII.

It is expressly understood that the preceding articles II, III, IV, V, and vi, shall not be applicable to the coastwise navigation of either of the two countries, which each of the high contracting parties reserves exclusively to itself.

ARTICLE VIII.

The two contracting parties shall have the liberty of having in their respective ports, consuls, vice consuls, agents, and commissaries, of their own appointment, who shall enjoy the same privileges and pow. ers as those of the most favoured nations; but if any such consuls 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 the tranquility 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 judg. ment 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.

ARTICLE IX.

The said consuls, vice consuls, and commercial agents, are author

ized to require the assistance of the local authorities, for the search, arrest, detention, 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 tribu nals, 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 this recla. mation being thus substantiated, the surrender shall not be refu sed.

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 detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within four 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.

ARTICLE X.

The citizens and subjects of each of the high contracting parties 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 succeed 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 will, paying to the profit of the respective governments 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 of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as 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 one of the high contracting parties, such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who, by reason of alienage, may be incapable of holding it, he shall be allowed the time fixed by the laws of the country, and in case the laws of the country actually in force may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective Governments any other dues than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases. But this article shall not derogate, in any manner, from the force of the laws already published, or which may hereafter be published, by his Majesty the Emperor of all the Russias, to prevent the emigration of his subjects.

ARTICLE XI.

If either party shall, hereafter, grant to any other nation any particular favour 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.

ARTICLE XII.

The present treaty, of which the effect shall extend, in like manner, to the kingdom of Poland so far as the same may be applicable thereto, shall continue in force until the first day of January, in the year of our Lord one thousand eight hundred and thirty-nine; and if, one year before that day, one of the high contracting parties, shall not have announced to the other, by an official notification, its intention to arrest the operation thereof, this treaty shall remain obligatory one year beyond that day, and so on, until the expiration of the year which shall commence after the date of a similar notification.

ARTICLE XIII.

The present treaty shall be ap proved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by his Majesty the Emperor of all the Russias, and the ratifications shall be exchanged in the city of Washington within the space of one year, or sooner if possible.

In faith whereof, the respective plenipotentiaries have signed the present treaty, in duplicate, and affixed thereto the seal of their arms.

Done at St. Petersburg, the th December, in the year of Grace one thousand eight hundred and thirtytwo. JAMES BUCHANAN. [L. S.] CHARLES COMTE DE NESSELrode.

[L. S.]

SEPARATE ARTICLE.

and by the other to that of the Grand Duchy of Finland, shall not, in any case, be invoked in favour of the relations of commerce and navigation, sanctioned between the two high contracting parties by the present treaty.

The present separate article shall have the same force and value as if it were inserted, word for word, in the treaty signed this day, and shall be ratified at the same time.

Certain relations of proximity, and anterior engagements, having rendered it necessary for the Imperial Government to regulate the commercial relations of Russia with Prussia, and the kingdoms of Sweden and Norway, by special stipulations, now actually in force, and which may be renewed hereafter; which stipulations are, in no manner, connected with the existing regulations for foreign commerce in general; the two high contracting parties, wishing to remove from their commercial relations every kind of ambiguity or subject of discussion, have agreed that the special stipulations granted to the com-th of December, in the year of merce of Prussia, and of Sweden Grace one thousand eight hundred and Norway, in consideration of and thirty-two. equivalent advantages granted in these countries, by the one to the commerce of the kingdom of Poland,

In faith whereof, we the under. signed, by virtue of our respective full powers, have signed the present separate article, and affixed thereto the seals of our arms.

Done at St. Petersburg, the

JAMES BUCHANAN. [L. S.] CHARLES COMTE DE NESSELrode. [L. S.]

CORRESPONDENCE RELATING TO THE CLAIMS OF CITIZENS OF THE UNITED STATES ON FRANCE.

Extracts from the General Instructions of John Quincy Adams, Secretary of State of the United States, to James Brown, dated at Wash ington, 23d December, 1823.

"The subjects of immediate concern in the relations between the United States and France, which will require your attention, are,

"1. The claims of many citizens of the United States upon the French government for indemnity.

"2. The pretension raised by the French government to spe. cial and exclusive privileges in the ports of Louisiana, by virtue of the 8th article of the Louisiana cession convention, &c. &c. &c.

[ocr errors]

*

last, [the turning away of the Congress frigate from Cadiz,] have been discussed between the two go. vernments during the missions of your predecessors; most of them so fully, that a renewal of the discussion can scarcely be expected to adduce any novelty of argument or of illustration. All the correspondence concerning them will be before you, and you will, immediate. ly after your reception, earnest. ly call the attention of the French government to the claims of our

"All these subjects, except the citizens for indemnity.

"You will, at the same time, explicitly make known that this go

vernment cannot consent to con

nect this discussion with that of the pretension raised by France on the construction given by her to the 8th article of the Louisiana cession treaty. The difference in the nature and character of the two interests is such, that they cannot, with propriety, be blended together. The claims are for reparation to individuals for their property taken from them by manifest and undisputed wrong. The question upon the Louisiana treaty is a question of right upon the meaning of a contract. It has been fully, deliberate

ly, and thoroughly investigated; and the government of the United States are under the entire and solemn conviction, that the pretension of France is utterly unfounded. We are, nevertheless, willing to resume the discussion, if desired by France: but to refuse justice to individuals, unless the United States will accede to the construction of an article in a treaty, contrary to what they believe to be its real meaning, would be not only incompatible with the principles of equity, but submitting to a species of compulsion derogatory to the honour of the nation.

[blocks in formation]

SIR,

Mr. Adams to Mr. Brown.

Department of State, note of the 28th April upon this Washington, 14th Aug., 1824. subject; and he desires that you

I HAVE had the honour of receiving your despatches to No 4, inclusive, dated 28th May, with their enclosures.

The subject which has first claimed the attention of the president, has been the result of your correspondence with Viscount de Chateaubriand in relation to the claims of numerous citizens of the United States upon the justice of the French go

vernment.

I enclose herewith a copy of a report of the committee of foreign relations of the house of representatives upon several petitions addressed to that body at their last session by some of those claimants, and of a resolution of the house adopted thereupon.

The president has deliberately considered the purport of Mr. de Chateaubriand's answer to your S

would renew, with earnestness, the application for indemnity to our citizens for claims notoriously just, and resting upon the same principle with others which have been admit

ted and adjusted by the government of France.

In the note of Viscount de Chateaubriand to you, of 7th May, it is said that he is authorized to declare a negotiation will be opened with you upon the American claims if this negotiation should also include French claims, and particularly the arrangements to be concluded concerning the execution of the eighth article of the Louisiana treaty.

You are authorized, in reply, to declare that any just claims which subjects of France may have upon the government of the United States will readily be included in the ne. gotiation, and to stipulate any suit:

« SebelumnyaLanjutkan »