The Sun.
London, England, 1841-07-24 00:00:00

PORTUG AL AND THE UNITED STATES•

con-
tracting parties ARTICLE L . lli
There shall be between the territories of the high co-
a reciprocal liberty of commerce and na-
vigation. The subjects and ettizens of their respective
States shall mutually have liberty to enter the ports,
places, and rivers of the territories of each party where-
ever foreign commerce is or shall be permitted. They
shall be at liberty to sojourn and reside in all parts of
said territories, in order to attend to their affairs, and
they shall enjoy, to that effect, the same security and
protection as natives of the country wherein they reside,
on condition of their submitting to the laws and ordi-
nances there prevailinz, and particularly to the regula-
tions in force concerning commerce.
ARTICLE IL
Portuguese vessels arriving, either laden or in ballast,
in the ports of the United States of America, and, re-
ciprocally, vessels of the United States of America arriv-
ing either laden or in ballast in the ports of the kingdom
and possessions of Portugal, shall be treated on their en-
trance, during their star, and at their departure, upon
tlae .acne footing aSaiiational vessels, coining from the
same place,
with respect to the duties of tonnage. light-
house duties, pilotage, port charges, as well as to the fees
and perquisites of public officers', and all other duties and
• charges, of whatever kind or denomination, levied upon
vessels of commerce, in the Lame or to the profit of the
Government, the local authorities, or of any public or
private establishment whatever. -
ARTICLE M.
No higher or other duties shall be imposed on the im-
portation into the United States of America, or of any
article the growth, produce, or manufacture of Portu-
gal, and her possessions ; and no higher or other duties
shall be imposed on the importation in the kingdom and
possessions of Portugal, of any al-fide, the growth,
produce, or manufacture of the United States•of Ame-
rica, than such as are, or shall be, payable on the like ,
article being .the growth, produce, or manufacture of
any other foreign country.
Nor shall any prohibition be imposed on the importa-
ti on or exportation of any article the groWth, produce,
or manufacture of the. kingdom and possessions of Por-
tugal, or of the United States of America to or from the
pores of the said states, or of the said kingdom and pos-
sessions of Portugal, which shall not equally extend to
all other foreign nations.
-Nei- shall any • higher or other ditties or charges be
imposed us either of the two countries, on the exporta-
tion of any article to the United. States of America, or to
the kingdom of Portugal, respectively, than such as are
payable on the exportation of the like articles to any
other foreign country.
Provided; hoWever, that nothing contained in this ar-
ticle shall be Understood or intended to interfere with the
stipulation entered into by the United States of Ame-
rica for a special equivalent in regard to French wines in
the convention made by the said States and France on
the 4th day of July, 1831 ;- which stipulation will expire
and cease to have effect in the month of February,

(From a paper by Dr. Charming.)
THE DIFFUSION AND UNIVERSALITY OF INDUSTRY.
" How numberless are the forms which this takes
Into how many channels- is human labour pouring itsel,
forth ! How widely spread is the passion for acquisi-
tion, not for simple means of subsistence, but for wealth!
What vast enterprises agitate the community ! What a
rush into all the departments of trade ! How next to
universal, the insanity of speculation ! What new arts
spring up ! Industry pierces the forests, and startles
with her axe the everlasting • silence. To you, Gentle-
men, commerce is the commanding interest ; and this
has no limits but the habitable world. It no longer
creeps along the shore, or lingers in accustomed tracks,
but penetrates into every inlet, plunges into the heart
of uncivilised lands, sends its steam-ships up unexplored
rivers, girdles the earth with railroads, and thus breaks
down the estrangements of nations. Commerce is a
noble calling. It mediate's between distant nationsoind
makes men's wants, not, as formerly, stimulants to war,
but bonds of peace. The universal intellectual activity
of which I have spoken, is due in no small degree, to
commerce, which spreads the thoughts, inventions, and
writings of great men over the earth, and gathers scion-
ti fic and literary men everywhere into an intellectual re-
public. So it carries abroad the missionary, the Bible,
the Cross, and is giving universality to true religion.
Gentlemen, allow me to express an earnest desire and
hope, that the merchants of this country will carry on
their calling with these generous views. Let them not
pursue it for themselves alone. Let them rejoice to
spread improvements far and wide, and to unite men in
more friendly ties. Let them adopt maxims of trade,
which will establish general confidence. Especially in
their intercourse with less civilised tribes, let them feel
themselves bound to be harbingers of civilisation. Let
their voyages be missions of humanity, useful arts,
science, and religion. It is a painful thought, that com-
merce, instead of enlightening and purifying less privi-
leged communities, has too often made the name of
Christian hateful to them, has carried to the savage,
nut our useful arts and mild faith, but weapons of war
and the intoxicating draught. I call not on God to
smite with his lightnings, to overwhelm with his storms,
the accursed ship which goes to the ignorant, rude • na-.
tive, freighted with poison and death e which goes to
add new ferocity to savage life, new licentiousness to
savage sensuality. I have learned not to call down fire
from heaven. But, in the.name of humanity, of religion,
of God, I implore the merchants of this country, not
to use the light of a higher civilisation to corrupt, to
destroy our uncivilised brethren. Brethren they are
in those rude huts, in that wild attire. Establish with
them an intercourse of usefulness, justice, and charity.
Before they can understand the name of Christ, let
them see his spirit in those by whom it is borne. It
has been said, that the commerce of our country is not
only corrupting uncivilised countries, but that it wears
a deeper, snore damning stain ; that, in spite of the laws
of the lands and the protest of nations, it sometimes lends
itself to the slave-trade ; that, by its capital, and accom-
modations, and swift sailers, and false papers, and pros-
tituted flag, it takes a part in tearing the African from
his home and native shore, and in dooming him, first to
the horrors of the middle passage, and then to the hope-
ARTICLE IX. • I lessness of perpetual bondage. Even on men so fallen I
,call down no curse. May they find forgiveness from
trailing God through the pains of sincere repentance ; but con-
When Whenever
parties the
shallsu ebcetsfeorreecditizteensseoekf eitherrefug refuge
of
rt
yclounm-
in any of the livers, bays; ports or territories of the tinuing what they are, can I help shrinking from them.
"
other, with their Vessels, whether merchant or of war, ' as among the most infamous of their race ?
through stress of weather, in pursuit of pirates or ene- Those arrogant and ambitious Governments, who fear
mies, they shall be received and treated with humanity, to trust human nature, but have an overweening confi-
giving to them all favour, facility, and protection for re- dence in themselves, should study the following passage :
pairing their ships, procuring provisions, and placing
THE CROWTII OF SOCIETY.
themselves in a situation to continue their voyage with- " I see the danger of the present state of society, per-
out obstacle or hindrance of any kind. I haps as clearly as any one. But still I rejoice to have
ARTICLE X. been born in this age. It is still true that human na-
The two contracting parties shall have the liberty of ture was made for growth, expansion ; this is its proper
having, each in the ports of the other, consuls, vice-con- life, and this must not be checked because it has perils.
suls, agents, and commissaries of their own appoint- The child, when it shoots up into youth, exchanges its
ment, who shall enjoy the same privileges and powers as early repose and security for new passions, for strong
those of the most favoured nation.' • I emotions, which are full of danger ; .but would we keep
But before any consul, vice-consul, agent, or commis- I
him for ever a child ? Danger we cannot avoid. It is a
nary shall act as such, he shall, in the usual form, in be ,-
1 grand element of human life. We always walk on
proved and admitted by the Government to which he is
sent. faithp in God and humanity, to deny to others and our-
preci ices. It is unmanly, unwise, it shows a want of
But if any such consuls shall exercise commerce they
shall be submitted to the same laws and usages to which selves free scope and the expansion of our best powers,
because of the possible collisions and pains to be feared
the private individuals of their nation are submitted, in
from extending activity. Man ,indeed, sigh for security
the same place in respect of their commercial transactions.
y
as the supreme good. But God intends us for something
And it is hereby declared that, in case of offence better, for effort, conflict, and progress. And is it not
against the laws, such consul, vice-consul, agent, or corn- I well to live in a stirring and mighty world, even though
missary may either be punished according to law, or be Iwe stiffer from it ? If we look at outward nature, we
sent back, the offended Government assigning to the find ourselves surrounded with vast and fearful elements,
others reasons for the same. I air, sea, and fire, which sometimes burst all bounds, and
The archives and papers of the consulates shall be re- ' overwhelm man and his labours in ruie. But who of us
spected inviolably ;. and, under no pretext whatever, shall
would annihilate these awful forces, would make the
an Magistrate seize or in any way interfere with them.
ocean a standing pool, and put to silence the load blast,
The Consuls, Vice-Consuls, and commercial agents in order that life may escape every peril ; This myste-
shall have the right, as such, to sit as judg4s and ax- rious, infinite, irresistible might of nature, breaking out
bitrators in such differences as may arise between in countless forms and motions, makes nature the true.
the Captains and crews of the vessels belong- school for man, and gives it all its interest. In the soul,
ing to the nation whose interests are committed • still mightier forces are pent up, and their expansion has
to their charge, without interference of the local
I its perils. But all are from God, who has blended with
authorities, unless the conduct of the crews or of the them cheeks, restraints, balances, re-actions, by which all
captains should. disturb the order or the tranquillity, or work together for good. Let us never forget that amidst
offend the laWs of the country : or the said consuls, or this fearful stir there is a Paternal Providence, under
commercial agents, should require their assistance to which the education of our race has gone on, and a
cause their decision to be carried into effect, or supported. higher condition of humanity has been achieved.
It is, however, understood that this species of judg- " There are, however, not a few, who have painful
ment or arbitration shall not deprive the contending par- fears of evil from the restless, earnest action, which we
tics of the right they have to resort, on their return, to have seen spreading itself more and more hrough all
the judicial authorities of their country. departments of society. They call the age wild, lawless,
ARTICLE XI. presumptuous, without reverence. All men, they tell us,
The said consuls, vice-consuls, and commercial agents are bursting their spheres, quitting their ranks, aspiring
are authorised to require the assistance of the authorities selfishly after gain and pre-eminence. The blind moil.
for the search; arrest, detention, and imprisonment of the titude are forsaking their natural leaders. The poor, who
deserters from the ships of war and merchant vessels of are -the majority, are contriving against the rich. Still
their country. more, a dangerous fanaticism threatens destruction to the
For this purpose they shall apply to the competent tri- world under the name of Reform ; society totters ; pro-
bunals, judges, and officers, and shall in writing demand perty is shaken ; and the universal freedom of thought and
the said deserters, proving by the exhibition of the action, of which so many boast, is the precursor of social
registers of the vessels, the rolls of the crews,. or by any storms, which only despotism can calm. Such are the
other official documents, that such individuals formed alarms of not a few ; and it is right that fear should
part of the crews ; and this reclamation being thus sub- utter its prophecies as well as hope. But it is the true
stantiated, the surrender shall be made without delay. office of fear to give a wise direction to human effort,
Such deserters, when arrested, shall be placed at the not to chill or destroy it. To despair of the race, even
disposal of the said consuls, vice-consuls, or commercial in the worst times, is unmanly, unchristian. How much
agents, and may be confined in the public prisons, at the more so in times like the present What I most lament
request and cost of those who shall claim them, in order in these apprehensions, is the utter distrust of human
to be detained until the time whea they shall be restored nature which they discover. Its' highest powers arc
to the veeeels to which they belonged, or sent -back to thought only to be restrained. They are thought to be
their own country by a vessel of same nation, or any safe only when in fetters. To me there is an approach
other vessel whatsoever. - to impiety in thinking so meanly of God's greatest work.
But if not sent back within four months from the day Human nature is not a tiger which needs a constant
of their arrest, they shalt be set at liberty, and shall not chain. In this case, it is .the chain which makes the
be again arrested for the same cause. tiger. It is the oppressor who has made man fit only
However; if the deserter shall be found to have corn- for a yoke."
mitted any crime or offence, the surrender may be de- We shall finish by quoting an eloquent passage, it
- and' crime
before which 1,,* —nee shall b which Dr. Channing overthrows the opinion that. the din

ARTICLE IV.
The same duties shall be paid, and the same bounties,
deductions, or privileges allowed on the importation into
the United States of America of any article, the growth,
produce, or manufacture of Portugal and her possessions,
whether such importation shall be in Portuguese vessels,
or in vessels of the said States: and reciprocally the same
duties shall be paid, and the same bounties, deductions,
or privileges allowed on the importation into the king-
dom and possessions of Portugal, of any article, the
growth, produce, or manufacture of the United States of
America, whether such importation shall be in vessels of
the said states, or in Portuguese vessels.
ARTICLE V.
It is agreed by the high contracting parties that when-
ever there may be lawfully imported into all.or any of
the ports of the kingdom and possessions of Portugal, in
vessels of any foreign country, articles of the growth,
produce, or manufacture of a country other than that to
which the importing vessels shall belong, the same privi-
lege shall immediately become common to vessels of the
United States of America, with all the same rights and
favours as may, in that respect, be granted to the most
favoured nation. And reciprocally, in consideration
thereof, Portuguese vessels shall thereafter enjoy in the
same respect, privileges, rights, and favours to a con
respondent extent, in the ports of the United States o
America.

ARTICLE XII.
..M MS case shah t€
PloYnedcli ng, until
tahllehtarivbe UM
its sentence, and such.
sentence shall have been carried into effect.
The subjects and citizens of each of the high con-
tracting parties shall have power to dispose of their per-
sonal goods within the jurisdiction of the other, by testa-
ment, donation, or otherwise, and their representatives
shall succeed to their said personal goods, whether by
testament or ab inte.statoold may take possession thereof,
either by themselves or by others acting fur them, and
disposere-
spective Governments such dues only as the inhabitants
of th
will,
paying to the profit of the
said goods are shall be sub-
ject to pay iu like eases.
country
And where, on the death of any person holding real
estate within the territories of one of the high contract-
ing e
oo unf the
try samewin
wherein
a et w
parties, such real estate would, by the laws of the
land, descend on a subject or citizen 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 then shall be
allowed a reasonable time to sell or otherwise dispose of
nch real estate, ato withdraw and export the prg-
ceeds'wtthout moiestation, and without paying to the
refit of the respective Governments any other dues
' than those to which the inhabitants of the country
wherein the said real estate is situated shall be subject
to pay in like cases.