Star. — London, England, 1810-08-04 00:00:00

STATE PAPER. Treaty of Amity, Commerce, and Navigation between Ms Erb. tannic Majesty and his Royal Highness the Prince Regent et PertugaL—Signed at Rio de Janeiro, the 19th February, 1516. (PUBLISHED BY AUTHORITY.) In the Name of the most Holy and Undivided Trinity. His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Royal Highness the Prince Regent of Portugal, being equally ani mated with the desire not only of consolidating and strengthening the ancient friendship and good under. standing which so happily subsist, and have during so many ages subsi-ted between the two crowns, but also of improving and extending the beneficial effects thereof to the mutual advantage of their respective subjects, have thought that the most efficacious means for obtaining these objects would be, to adopt a libe ral system of commerce, founded upon the basis of reciprocity and mutual convenience, which by discon tinuing certain prohibitions and prohibitory duties, alight procure the most solid advantages onoth sides, to the national productions and industry, and give due protection at the same time to the public revenue, and to the interests of fair and legal trade. For this aid, his Majesty the King of the United Kingdom of Great Britain and Ireland, and his Royal Highness the Prince Regent of Portugal, have named for their respective Commissioners and Plenipotentiaries, to wit, his Britannic Majesty the most illustrious and most excellent Lord Percy Clinton Sidney, Lord Vis• . count and Baron of Strangford, one of his Majesty's most Honourable-Privy Council, Knight of the Mili tary Order of the Bath, Grand Cross of the Portu guese Order of the Tower and Sword, and h's Ma jesty's Envoy Extraordinary and Minister Plenipo. tentiary at the Court of Portugal ; and his Royal Highness the Prince Regent of Portugal, the most illustrious and most Excellent Lord Dom Rodrigo de Sousa Couttinho, Count of Linhares, Lord of Pay. alvo, Commander of the Order of Christ, Grand Cross of the Orders of St. Bento and of the Tower and Sword, one of his Royal Highness's Council of State, and his Principal Secretary of State for the Depart ments of Foreign Affairs and War ; who, after hav ing duly exchanged their respective full powers, and having found them in good and due form, have agreed upon the following articles : Article 1. There shall be a sincere and perpetual friendship between his Britannic Majesty and his Royal Highness the Prince Regent of Portugal, and between their heirs and successors ; and there shall be a con stant and universal peace and harmony between them selves, their heirs and successors, kingdoms, domi nions, provinces, countries, subjects, and vassals, of whatsoever quality or condition they be, without ex ception of person or place ; and the stipulations of this present article shall, under the favour of Almighty GOD, be permanent and perpetual. 2. There shall be reciprocal liberty of commerce and navigation between and amongst the respective subjects of the two high contracting parties in all, and several the territories and dominions of either. They may trade, travel, sojourn, or establish them selves in all and several the ports, cities, towns, coun tries, provinces, or places whatsoever belonging to each and either of the two high contracting parties, except and save in those from which all foreigners whatsoever are generally and positively excluded, the names of which places may be hereafter specified in a separate article of this treaty. Provided, however, that it be thoroughly understood, that any place be. longing to either of the two high contracting parries, which may hereafter be opened to the commerce of the subjects of any other country, shall thereby be considered as equally opened, and upon correspon dent terms, to the subjects of the other high contrac ting party, in the same manner as if it had been ex pressly stipulated by the present treaty. And his Bri tannic Majesty, and his Royal Highness the Prince Regent of Portugal, do hereby bind and engage them selves not to grant any favour, privilege, or immunity in matters of commerce and navigation, to the sub. jects of any other state, which shall not be also at the same time respectively extended to the subjects of the high contracting parties, gratuitously, if the con cession in favour of that other state should have been gratuit)us, and on giving guam proxime, the same compensation or equivalent, in case the concession should have been conditional. S. The subjects of theawo Sovereigns respectfully shall nor pay in the ports, harbours, roads, cities, towns, or places whatsoever, belonging to either of them, any greater duties, taxes, or imposts (under whatsover names they may be designated or included) than those that are paid by the subjects of the most favoured nation ; and the subjects of each of the high contracting parties shall enjoy within the domi. nions of the other, the same rights, privileges, liber ties, favours, immunities, or exemptions, in matters of Commerce and navigation that are granted or may hereafter be granted to the subjects of the most fa voured nation. 4. His Britannic Majesty and his Royal Highness the Prince Regent of Portugal, do stipulate and agree that there shall be a perfect reciprocity on the subject of the duties and imposts to be paid by the ships and vessels of the high contracting parties within the se veral ports, harbours, roads, and anchoring places be lor.gitli; to each of them, viz. that the ships and ves sels of the subjects of his Britannic Majesty shall not pay any higher duties or imposts (under whatsoever name they be designated or implied) within the do mini( ns of his Royal Highness the Prince Regent of Portugal, than the ships and vessels belonging to the subjects of his Royal Highness the Prince Regent of Portugal, shall be bound to pay within the dominions of his Britannic Majesty, and vice versa. And this agreement and stipulation shall particularly and ex., pressly extend to the payment of the duties known by the name of Port Charges, Tonnage, and Anchorage duties, which shall not in any case, or under any pre text, be greater for British ships and vessels within the dominions of his Royal Highness the Prince Regent of Portugal, thaa for Portuguese ships and vessels within the dominions of his Britannic Majesty, and vier versa. 5. The two high contracting parties do also agree, that the same rates of bounties and drawbacks shall be established in their respective ports upon the ex portation of goods and merchandizes, whether those merchandizes be exported in British or in ships and vessels, that is, that British vessels shall enjoy the s am e f avour i n t hi s `re the dominions of his Royal Highness the Prince Regent of Portugal, that my be shewn to Portuguese ships and vessels within the dominions of his Britannic Majesty, and vies versa. The two high contracting parties do also covenant and agree, that goods and merchandizes coming respectively from the ports of either of them, shall pay the same duties, whether imported in British or in Portuguese ships or vessels, or otherwise, that an increase of du ties may be imposed and exacted upon goods and merchandizes coming into the ports of the dominions of his Royal Highness the Prince Regent or Portugal from those of his Britannic Majesty in British ships, equivalent, and in exact proportion to any increase of duties that may hereafter be imposed upon goods and merchandizes coming into the ports of his Britannic Majesty from those of his Royal Highness the Prince Regent of Portugal, imported in Portuguese ships. And. in order that Allis matter maybe settled with due exactness, and that nothing may be left undeter mined concerning it, it is agreed, that tables shall be drawn by each Government respectively, specifying the difference of duties to be paid on goods and mer chandizes so imported in British or Portugueze ships and vessels; and the said tables (which shall be made applicable to all the ports within the respective do minions of each of the contracting parties) shall be declared and adjudged to form part of this present Treaty. In order to avoid any differences or misunderstand ing with respect to the regulations which may respec tively constitute a British or Portuguese vessel, the high contracting parties agree in declaring, that . all vessels built in the dominions of his Britannic Ma jesty, and owned, navigated, and registered accord ing to the laws of Great Britain, shall be considered as British vessels. And that all ships or vessels built in the countries belonging to his Royal Highness the Prince Regent of Portugal, or in any of them, or ships taken by any of the ships or vessels of war be longing to the Portuguese Government, or any of the iuhabitants of the dominions of his Royal Highness the Prince Regent of Portugal, having commissions or letters of marque and reprisal from the Govern. ment of Portugal, and condemned as lawful prize in any Court of Admiralty of the said Portuguese Go vernment, and owned by the subjects of his Royal Highness the Prince Regent of Portugal, or any of them, and whereof the master and 3-4ths of the ma. riners, at least, are subjects of his Royal Highness the Prince Regent of Portugal, shall be considered as Portuguese vessels. 6. The mutual commerce and navigation of the subjects of Great Britain and Portugal, respectively in the ports and seas of Asia, are expressly permitted to the same degree as they have heretofore been al lowed by the two Crowns. And the commerce and navigation thus permitted, shall hereafter, and forever be placed on the footing of the commerce and naviga tion of the most favoured nation trading in the ports and seas of Asia ; that is, that neither of the high contracting parties shall grant any favour or privilege in matters of commerce and navigation, to the sub- jects of any other state trading within the ports and seas of Asia, which shall not be also granted quota proxime on the same terms to the subjects of the other contracting party. His Britannic Majesty engages in his own name, and in that of his heirs and succes sors, not to make any regulation which may be pre judicial or inconvenient to the commerce and naviga tion of the subjects of his Royal Highness the Prince Regent of Portugal within the ports and seas of Asia, to the extent which is or may hereafter be permitted to the most favoured nation. And his Royal High ness the Prince Regent of Portugal does also engage in his own name, and in that of his heirs and succes sors, not to make any regulations which may be pre judicial or inconvenient to the commerce and naviga tion of the subjects of his Britannic Majesty within the ports, seas, and dominions, opened to them by virtue of the present Treaty. 7. The two high contracting parties have resolved with respect to the privileges to be enjoyed by the subjects of each of them within the territories or do minions of the other, that the most perfect reciprocity shall be observed on both sides. And the subjects of each of the high contracting parties shall have a free and unquestionable right to travel, and to reside ithin the territories or dominions of the other, to oc cupy houses and warehouses, and to dispose of per sonal property of every sort or denomination, by sale, donation, exchange, or testament, or in any other manner. whatsoever, without any the smallest impe diment or hindrance thereto. They shall not be com pelled to pay any taxes or imposts under any pretext whatsoever, greater than those that are paid or may be paid by the native subjects of the Sovereign in whose dominions they may be resident. They shall be exempted from all compulsory military service whatsoever, whether by sea or land. Their dwelling houses, warehouses, and all the parts and appurte nances thereof, whether for the purposes of commerce or of residence, shall be respected. They shall not be liable to any vexatious visits and searches, nor shall any arbitrary examination or inspection of their books, papers, or accompts be made under colour of the su preme authority of the State. It is, however, to be understood, that in the cases of treason, contraband trade, and other crimes, for the detection of which provision is made by the law of the land, that law shall be enforced, it bein; mutually declared that false and malicious accusations are not to be admitted as pretexts or excuses for vexatious visits and searches, i or for examinations of commercial books, papers or accompts, which visits or examinations are never to take place, except undt r the sanction of the compe tent Magistrate, and in the presence of the Consul of the nation to which the accused party may belong, or of his deputy or representative. 8. - His Royal Highness the Prince Regent of Por tugal engages, in his own name, and in that of his heirs and successors, that the commerce of British subjects within his dominions shall not be restrained, interrupted, or otherwise affected by the operation of any monopoly, contract, or exclusive privileges of sale or purchase whatsoever, but that the subjects of Great Britain shall have free and unrestricted permis sion to buy and sell from and to whomsoever, and in whatever form or manner they may please, whether by wholesale or by retail, without being obliged to give any preference or favour in consequence of the said monopolies, contracts, or exclusive privileges of sale or purchase. And his Britannic Majesty does on his part engage to observe faithfully this principle thus recognized and laid down by the two high con tracting parties. But it is to be distinctly usderstood, that the pre 'sent article is not to be interpreted as invalidating or affecting the exclusive right possessed by the Crown of Portugal within its own dominions to the farm for the sale of ivory, Brazil wood, urzela, diamonds, gold dust, gun-powder, and tobacco, in the form of snuff: provided however, that should the above-mentioned articles, generally or separately, ever become articles of free commerce within the dominions of his Royal Highness the Prince Regent of Portugal, the subjects lof his Britannic Majesty shall be permitted to traffic in them as freely and on the same footing as those of 'the most favoured nation. 9. His Britannic Majesty and his Royal Highness I the Prince Regent of Portugal have agreed and re solved, that each of the High Contracting Parties shall have the right to nominate and appoint Coniuls General, Consuls, and Vice Consuls, in all the ports of the dominions of the other Contracting Party, wherein they are or may be necessary for the *ad vancement of commerce, and for the commercial in terests of the trading subjects of either Crown. But it is expressly stipulated, that Consuls, of whatsoever class they may be, shall not be acknowledged nor re ceived, nor permitted to act as such, unless duly qua lified by their own Sovereign, and approved of by the other Sovereign in whose dominions they are to be employed ; Consuls of all classes within the domi nions of each of the High Contracting Parties are respectively to be placed upon a footing of perfect reciprocity and equality ; and being appointed solely for the purpose of facilitating and assisting in affairs of commerce and navigation, they are only to possess the privileges which belong to their station, and which are recognised and admitted by all Governments as necessary for the due fulfilment of their of and employment. They are in all cases, whether civil or criminal, to be entirely amenable to the laws of the country in which they may reside, and they are also to enjoy the full and entire protection of those laws so long as they conduct themselves in obedience thereto. 10. His Royal Highness the Prince Regent of Portugal, desiring to protect and facilitate the com merce of the subjects of Great Britain within his do minions, as well as their relations of intercourse with his own subjects, is pleased to grant to them the pri vilege of nominating and having Special Magistrates to act for them asJudges Conservator in those ports and cities of his dominions in which Tribunals and Courts of Justice are or may hereafter be established. These Judges shall try and decide all causes brought before them by British subjects, in the same manner as for merly, and their authority and determinations shall be respected; and the laws, decrees, and customs of Por tugal respecting the jurisdiction of the Judge Conser- ' vator are declared to be recognized and renewed by . , the present treaty. They shall be chosen by the plu rality of British subjects residing in or trading at the port or place where the jurisdiction of the Judge Conservator is to be established ; and the choice so made shall be trammitted to his Britannic Majesty's Ambassador, or Minister resident at the Court of Por tugal, to be by him laid before his Royal Highness the Prince Regent of Portugal, in order to obtain his Royal Highness's consent and confirmation, in case of not obtaining which, the parties interested are to proceed to a new election, until the Royal approba tion of the Prince Regent be obtained. The removal of the Judge Conservator, in cases of neglect of duty or delinquency, is also to be effected by an applica tion to his Royal Highness the Prince Regent of Por tugal through the channel of the British Ambassador, or Minister resident at his Royal Highness's Court. —ln return for this concession in favour of British subjects, his Britannic Majesty engages to cause the most strict and scrupulous observance and obedience to be paid to those laws by which the persons and Fraperty of Portuguese subjects residing within his dominions are secured and protected, and of which they (in common with all other foreigners) enjoy the benefit, through the acknowledged equity of British Jurisprudence, and the singular excellence of the Bri tish Constitution. And it is further stipulated, that., in case any favour or privilege should be granted by his Britannic Majesty to the subjects of any other State, which may seem to be analogous to, or to re semble the privilege of having Judge Conservators, granted by this article to British subjects residing in , the Portuguese dominions, the same favour or privi lege shall be considered as also granted to the subjects of Portugal residing within the British dominions in the same manner as if it were expressly stipulated by the present Treaty.—(To de continued.) INTERCEPTED LETTERS. (Front the Gaseta de la Repneia.) -foals or mi rnlnguese ships and val respect witl}l LETTER FROM GENERAL LA HOUSSAiS TO TUE DUACE OP DALMATIA. " Nava del Membrillo, May 1;1510. " Sir—Accident has put into my hands the Seville' Gazette of the 29th July, 1809, (N 0.49), containing a letter from your Excellency to his Catholic Ma jesty, which General Franceschi was conveying at the time he was made prisoner. Though I had no reason to expect any thing but unfavourable treat ment on the part of your Excellency, I must never theless acknowledge that the perusal of the letter in l question gave me no less surprise than concern. " You there inform the King, that you would halie deprived me of my command, and have sent me to the Major-General, had you not been preyented by the rumours of conspiracies and intrigues going on in the army.* Ignorance aad malice alone credit easily, and without proofs, whatever may be prejudicial to another'; but it is nevertheless certain, that the opi nion of such a person as you, Sir, must always have great weight. " I have no wish to exceed the limits of a letter, nor to call off your attention from your official duties by laying before you a detail of my conduct whilst I had the honour to serve under your orders. I will only contrast the honourable testimonies with which you favoured me, in consequence of the action *of Maurentan and Braga, with the slanderous letter you have written concerning rat to the King—the candid and spontaneous eulogy which you were pleased ver bally to pass upon my conduct, after the action of the bridge of Arzobispo, with the insignificant mention made of me in the report of your Excellency inserted in the Ministerial Journal. With this view, Sir, permit me here to quote your expressions, when in the presence of many re spectable witnesses. Your Excellency said, I am not acquainted with the whole of the military exploits of General La Houssiye, but this is certainly the most brilliant of all.' Ix fiwt, it was I who that day exclusively directed the movements of the 4th divisio% of dragoons. It was I (since lam forced to sae i.: l who stopped the retrogade movement of the 19th re. giment of dragoons, and commanded General eau. laincourt once more to face the enemy.t " It was-I who placed in reserve the picked corn. patsy of the 27th, which company checked the more. went of the enemy, whe were again beginning to ob. tain the superiority. Nevertheless, Sir, in the daily orders, you assigned to me the second place, next t 3 General Caulaincourt, as if I had occupied no other in the action. I did pot, at the time, complain of thi s part of your report;which was so manifestly injurious. to me, because I might probably have been regarded by your Excellency as an intriguing or an envious person, neither of which have I ever been. As little did I complain of my name being introduced into the accounts of a supposed conspiracy, notwithstand. ink{ th= solemn assurance you gave me, a fortnight befori, at Oporto, that I was free from all suspicion, and that you were intimately convinced of my inno cence.--Your letter to the King, which wounds me to the quick, Sir,. could alone have made me open my eyes, and renounce any further silence. Those who .have observed my military career for the last twenty sears; those who knoii the loyalty and attachment which I have always professed to his Majesty the Em ' perm.; those-who honour me with their esteem, of whom the greater part hold a distinguished rank in society and in the army, all of them will know how much I must have been hurt 'at the imputations you have cast upon me, and will decide whether I could have merited them. " Be this as it may, Sir, your own sense of justice and impartiality will, one day, make you repent of having dishonoured I General Officer who was, per. haps, the first that, on your joining the second corps, gave you proofs of his respect andconfidence. (Signed) . "LA HOUSSAYE, General of Division and Baron of the Empire." LETTER FROM D. !ARLO ARRIZAS TO /HZ COMMISSARY OF POLICE AT GRANADA. " You are directed to continue to make the most active and diligent exertions for discovering the au thor of the proclamation placarded in one of the pub lic places of your city, as you inform me in your let ter of the 4th inst. and also all persons concerned in placarding the same. You are to take care that one or more agents of police shall, in future, at an early hour every day, go round the different public places where papers are usually stuck up, and on finding any of a seditious tendency, pull it down before it can be read or made known to the public ; and also that some officers visit the said places at a late hour of the night, for the dis. covery and apprehension of persons placarding such papers ; and, finally, you are to take whatever other means may be thought necessary to prevent their be. ing stuck up and made public. (Signed) emus. 4 May 14, 1810." =MIL PROM MAMMAL VICTOR TO THE PAINCZ OS WAGRAM. "I had the honour of informing you Serene High. ness, towards the end of March, of the destitute con dition of the officers and soldiers of the Ist corps; and at the same time, of representing to you, that their pay was then between eight and nine months in arrear. Since then nothing has been done to relieve the sufferings of either; for the officers have had only a month's, and the serjeants, corporals, and soldiers, a fortnight's pay. a In the mean time, provisions have become dea rer ; and the troops being on the one hand compelled to undergo the laborious service of a siege, and to pro- • vide themselves with necessaries at a very high price; and, on the other, receiving no assistance whatsoever on the part of the inhabitants, the army is in the most lamentable situation—nay, I may add, in the r'atest distress.—.l cannot conceal from your Serene Wet. ness, that the privations suffered by the soiditib wake me apprehensive of fatal consequences. The enemy, well aware of our condition, have availed themselves of it to introduce into the army a number of crimps, who unfortunately obtain • a favourable hearing, b i t making splendid promises to men who feel the pres sure of their necessities. 44 I earnestly beseech your Serene Highness, to pay particular attention to the situation of the troops of the first corps, whose loyalty to the person of the Emperor your Highness so well knows, and that you will be pleased to give directions lot the im. mediate payment of the arrears due to the officers and soldiers. (Signed) 46 Vicroa, Marshal of the Empire ' and Duke of Be ll uno 0 Mead Quarters, Puerto de St. Maria, May so, 1110." EXTRACTS OF A LETTER FROM GENERAL DARMAGNAC, GOVERNOR OF LA MANCHA. (Without a Direction.) a Mansacarea, May CS. " M. de la Colombiere, an Officer of your Staff; was attacked on the 23d, between Santa Cruz, and Valdepenas, by a body of 300 banditti, foot and horse. .Of the 30 men that formed his escort, one was kilkd and ten wounded : he, however, saved his dispatches• and the express who was with him, but with the loss of his horse. The conductor of the mail has lost -part of the letters, the rebels h.tving killed the bona of the post-boy who'had charge it it. The conduce tor received live sabre cuts, and the whole party have lost their baggage.--The division of cavalry, miaow. . ced so long ago, has not yet made its Appetite;ice, though its presence is more necessary nay day.-- Your orders, perhaps, have not reached them. Fur my part, I have bad no account whatever of two co. irier. , whom I forwarCe I- a long time past. " Without this corps of.cavalry, our communica tions will be extremely difficult, in consequence of the enemy's parties that scour La Mancha. All of them being mounted, they direct their course with extreme rapidity Against our weak points, and easily set the infantry at defiance." • The passage comp:anti, of in & K ies ken was the fotowe lag Brigadier-General ViaJenes is extremely i. la—, and I was told at Lugo that be was sick. I know that his 'line's is not so serious as was reported, but, in ebosideration of Ins imidlty. I have ordered him to retire, and loin your Majesty's Major-Gee neral, for the purpose sot receiving his orders. I would have ar signed the same destination to generals La Houssaye and Mts• met, who have not on all occasions dune the best tor our advan• cage; but I have postponed my final determination until I reach Zamora, to prevoem the rumours of cabals and conspiracies. 'tat are in circulations, Bross stink% additional credit " .1. This is the Cootelotourt that sacked Cuenca in July, MS; reserving for labooelf and his Staff the plundtr of the Cathe-ra4 in the interior of irhich his Aides-de-Camp cut down two or three soldiers with their sabres, who were bold emu/ to co wed for the booty with . their °metal, sad were going loaded with a r umber of articles. 11 Wish this Letter were intercepted two other, of a do sdsr tenor ;—one addiaspcd.ti Count Camay, the Miser he Ilisfshal Si% I re. On. I ob. t to thee this ionc del loos ittle into ight ion, MO- e to my who :nty mat , of k in !tow