Imagens das páginas
PDF
ePub

ports enumerated in the aforesaid act of Congress of the 1st March, 1823, have been, and are, upon and from the 1st day of December, 1826, by the aforesaid two several acts of Parliament, of the 5th of July, 1825, and by the aforesaid British Order in Council of the

27th day of July, 1826, prohibited.

Given under my hand at the City of Washington, this 17th day of March, in the year of our Lord 1827, and the fiftyfirst year of the Independence of the United States. JOHN QUINCY ADAMS By the President :

H. CLAY, Secretary of State.

General Convention of Friendship, Commerce, and Navigation, between the United States of America, and His Majesty the King of Denmark.

[ocr errors]

The United States of America and His Majesty the King of Denmark, being desirous to make firm and permanent the peace and friendship which happily prevail between the two nations, and to extend the commercial relations which subsist between their respective territories and people, have agreed to fix, in a manner clear and positive, the rules which shall, in future, be observed between the one and the other party, by means of a General Convention of Friendship, Commerce, and Navigation. With that object, the President of the United States

of America has conferred full powers on Henry Clay, their Secretary of State, and his Majesty the King of Denmark, has conferred like powers on Peter Pedersen, his Privy Counsellor of Legation, and Minister resident near the said States, Knight of the Dannebrog, who, after having exchanged their said full powers, found to be in due and proper form, have agreed to the following articles :

ARTICLE I. The contracting parties, desiring to live in peace and harmony with all the other na

tions of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession were freely made, or on allowing the same compensation, if the concession were conditional.

ARTICLE II.-The contracting parties being, likewise, desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and countries of the other, (with the exception hereafter provided for in the sixth article,) and reside and trade there in all kinds of produce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens, or subjects, do, or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens or subjects are subjected.

But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws.

ARTICLE III.-They, likewise, agree that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to time, lawfully imported into the United States, in ressels belonging wholly to the citizens thereof, may be also imported in vessels wholly belonging to the subjects of Denmark; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And in like manner, that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to time, lawfully imported into the dominions of the King of Denmark, in the vessels thereof, (with the exception hereafter mentioned in the sixth article,) may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage of the vessel or her cargo, shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree, that whatever may be lawfully exported or re-exported, from the one country, in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks, shall be allowed and collected, whether such exportation or re-exportation be made in

vessels of the United States or of Denmark. Nor shall higher or other charges of any kind be imposed, in the ports of one party, on vessels of the other, than are, or shall be, payable in the same ports by native vessels.

ARTICLE IV.-No higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of the dominions of his Majesty the King of Denmark; and no higher or other duties shall be imposed on the importation into the said dominions of any article, the produce or manufacture of the United States, than are, or shall be, payable, on the like articles, being the 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 the dominions of his Majesty the King of Denmark, respectively, than such as are, or may be, payable on the exportation of the like articles to any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufacture of the United States, or of the dominions of his Majesty the King of Denmark, to or from the territories of the United States, or to or from the said dominions, which shall not equally extend to all other nations.

ARTICLE V.-Neither the vessels of the United States, nor their cargoes, shall, when they pass the Sound or the Belts, pay higher or other duties than those which are, or may be, paid by the most favoured nation.

ARTICLE VI. The present Convention shall not apply to the Northern possessions of his Majesty the King of Denmark, that is to say, Iceland, the Ferroé Islands, and Greenland, nor to places situated beyond the Cape of Good Hope, the right to regulate the direct intercourse with which possessions and places, is reserved by the parties respectively. And it is further agreed, that this Convention is not to extend to the direct trade between Denmark and the West India colonies of his Danish Majesty; but, in the intercourse with those colonies, it is agreed, that whatever can be lawfully imported into, or exported from, the said colonies, in the vessels of one party, from or to the ports of the United States, or from or to the

ports of any other foreign country, may, in like manner, and with the same duties and charges, applicable to vessel and cargo, be imported into, or exported from, the said colonies, in vessels of the other party.

ARTICLE VII.-The United States and his Danish Majesty mutually agree, that no higher or other duties, charges, or taxes, of any kind, shall be levied in the territories or dominions of either party, upon any personal property, money, or effects, of their respective citizens or subjects, on the removal of the same from their territories or dominions reciprocally, either upon the inheritance of such property, money, or effects, or otherwise, than are, or shall be, payable in each State, upon the same, when removed by a citizen or subject of such State, respectively.

ARTICLE VIII.—To make more effectual the protection which the

United States and his Danish Majesty shall afford, in future, to the navigation and commerce of their respective citizens and subjects, they agree, mutually, to receive and admit Consuls and Vice Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, privileges, and immunities, of the Consuls and Vice Consuls of the most favoured nation, each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient.

ARTICLE IX.-In order that the

Consuls and Vice Consuls of the contracting parties may enjoy the rights, privileges, and immunities, which belong to them, by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or ment to which they are accredited; patent in due form to the Governand having obtained their exequatur, which shall be granted gratis, they shall be held and considered as such by all the authorities, magistrates, and inhabitants, in the Consular district in which they reside.

ARTICLE X.-It is likewise agreed, that the Cousuls, and persons attached to their necessary service, they not being natives of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay, on account of commerce, or their property, to which inhabitants, native and foreign, of the country in which such Consuls reside, are subject, being in every thing besides subject to the laws of the respective States. The archives and papers of the Consulate shall be respected in

violably, and, under no pretext whatever,shall any magistrate seize or in any way interfere with them. ARTICLE XI. The present Convention shall be in force for teu years from the date hereof, and further until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right giving such notice to the other of at the end of the said term of ten years; and it is hereby agreed, between them, that, on the expiration of one year after such notice shall have been received by either, from the other party, this Convention, and all the provisions thereof, shall altogether cease and determine.

ARTICLE XII.-This Convention shall be approved and ratified

by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark, and the ratifications shall be exchanged in the city of Copenhagen, within eight months from the date of the signature hereof, or sooner, if possible.

In faith whereof, we, the Pleni-
potentiaries of the U. States
of America and of his Da-
nish Majesty, have signed and
sealed these presents.
Done in triplicate, at the City
of Washington, on the twen-
ty-sixth day of April, in the
year of our Lord one thou-
sand eight hundred and twen-
ty-six, in the fiftieth year of
the Independence of the Uni-
ted States of America.
H. CLAY.

PR. PEDERSEN.

Correspondence on the Trade between the United States and the British

Colonies.

Extract of a letter from Mr. Rush to Mr. Adams, No. 10, dated London, August 12th, 1824. My letter of the second of this month will have informed you that the negotiations in which I had so long been engaged with this Government had come to a close, but without any treaty, or other arrangement having been concluded, on any of the subjects which had been given in charge to me. This is a result which I should lament the more, did I not endeavour to reconcile myself to it by the reflection that I have earnestly, though fruitlessly, striven to render it more auspicious, and by the consideration, far more important, that, as several of the subjects

discussed have been both of novelty and magnitude between the two nations, my Government will have the opportunity of being put in more full possession of the sentiments of this Government, prior to the conclusion, or to the proposal anew, of any definite or final stipulations. The task of reporting to you, for the information of the President, the whole progress of the negotiation, now devolves upon me. I enter upon it in the anxious hope, that, whilst shunning a prolixity that might fatigue, I may nevertheless omit nothing necessary to a full understanding of all that has passed. I console myself with the recollection that the protocols, and other papers

that will be transmitted to you, will mainly delineate every material occurrence. From these may be learned all the formal proposals that have been made on the one side or on the other; but the grounds of them, the discussions by which they were sustained or opposed, together with various explanations which the written memorials of the negotiation, wearing for the most part the character of abstracts only, do not indicate, these it becomes my duty to make you also acquainted with, in every essential particular. It must be my purpose to fulfil this duty in the course of the present despatch.

It was my first intention to have made my report to you in the shape of separate communications, allotting a distinct one to each subject, that I might be able to follow, in this respect, the example of your instructions to me. But, after the discussions were opened, it was often found imprac. ticable to keep the subjects distinct. More than one subject, or branches of more than one, would sometimes engage our conferences on the same day, superinducing the necessity of mixing them up in one and the same protocol. For this reason, and because, also, the British Plenipotentiaries, in some instances, established a connexion between subjects where, as I thought, none regularly had place, and so treated them in our records in the manner I shall have occasion to describe; it has appeared to me most conducive to good order to present the whole under one view. If this unity in my report should not appear at first sight to be suggested

by a view of the diversity, as well as number of its subjects, it has seemed to me, upon the whole, to adapt itself best to the course which the negotiation actually took, both in the oral discussions, and in the entries upon the protocols; and that it will become most intelligible, whether in its incidents or its general spirit, when exhibited as a whole. In the hope that this mode of making up my report may meet your approbation, I proceed, without more of introduction, to its proper business.

1. After the slave trade question had been disposed of, the subject upon which we next entered was that of the commercial intercourse between the United States and the British Colonial ports in the West Indies and North America. Copious as this subject was found to be, when examined in all its details, its mere discussion, I mean the strictly commercial parts, was perhaps attended with less difIt had been familiar to the past and ficulty than that of some others.

even recent discussions of the two Governments; so much so, that, upon almost every point connected with it, opinions had been formerly expressed by both. When, at an early stage, the British Plenipotentiaries said that after the opening of this trade to the vessels of the United States, by the act of Parliament of the 24th June, 1822, it had not been expected, by Great Britain, that our foreign tonnage duty and additional impost would

have been continued to be levied upon their vessels, I naturally replied that, to whatever other observations the policy of the United States might be open in this respect, it could scarcely be said to have been unexpected, as, upon at

« AnteriorContinuar »