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 same favour in this
`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