The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-11-02


kingdom 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; and, recipro-
cally, the same duties shall be paid, and the
same bounties, deductions, or privileges allow
ed, on the Importation, into the United States
of America, of any article, the growth, pro-
duce, or manufacture of the kingdom and
possessions of Portugal, whether such impor-
tation shall be in Portuguese vessels,o in ves-
sells of the said States.
ARTICLE VT is agreed by the high con-
tracing parties, that, whenever 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 privilege shall
Immediately become common to vessels of the
United States of America, with all the same
rights and favors as may, In that respect, be
granted to the most favored nation. And,
reciprocally, in consideration thereof,
Portugue vessels shall, thereafter, enjoy,
in the same respect, privileges, rights, and ia
the United States of America.
ARTICLE VI.-All kinds of merchandise &
articles of commerce, which may be awfully
exported or re-exported from the ports of ell
ther Of the high contracting parties to any
foreign country. in national vessels, may, also
be exported or re-exported there-from in ves-
sells of the other party, respectively, without
paying other or higher duties or charges, of
whatever kind or denomination, than if the
same merchandise or articles of commerce
were exported or re-exported in national ves-
sells.
And the same bounties and drawbacks shall
be allowed, whether such expectation or re-ex-
portation be made in vessels of the one party
or the other.
ARTICLE Wilt is expressly understood
that nothing contained in this treaty shall be
applicable to the coastwise navigation of either
of the two countries, which each of the two
high contracting parties reserves exclusively to
itself.
ARTICLE Wilt is mutually understood
that the foregoing stipulations do not apply to
ports and territories in the kingdom and pos
sessions of Portugal, where foreign commerce
and navigation arc not admitted; and that the
commerce and navigation of Portugal, directly
to and from the United States of America and
the said ports and territories, are, also prohib-
itcd.
But Her Most Faithful Majesty agrees that,
as soon as the said ports and territories, or any
of them, shall be opened to the navigation of
any foreign nation, they shall, from that mo-
ment be also opened to the commerce and
navigation of the United STATES of America,
with the same privileges, rights and favors as
may be allowed to the most favored nation,
gratuitously, if the concession was gratultousy
made, or on allowing the same compensation,
or an equivalent, if the concession was condl-
tional.
ARTICLE IX.-Whenever the citizen or
subjects of either of the contracting parties
shall be forced to seek refuge or asylum in any
of the rivers, bays, ports, or territories of the
I other, with their vessels, whether merchant, or
of war, through stress of weather, pursuit Of
pirates or enemies, they shall be received and
treated with humanity, giving to them all ia
vor, facility and protection for repairing their
ships, procuring provisions and placing them
selves in a situation TO continue their VOYAGE,
without obstacle or hfhdrance of any kind.
ARTICLE X.-The two contracting parties
shall have the liberty of having, each in the
ports of the other, consuls, vice-consuls agents,
and commissares of their own appointment,
who shall enjoy the same privileges and pow
ers as those of the most favored nation. But,
before any consul, vice-consul, agent, or CON-
missary shall act as such, he shall, in the usual
form, be approved and admitted by the Gov,
eminent TO which he is sent.
But, if any such consuls shall exercise com.
merce, they shall be submitted to the same
laws and usages to which the private individ
uals of their nation are submitted, in the same
place, in respect of their commercial transac.
lions.
Ard, it is hereby declared that, in case 81
offence against the laws, such consul, vice-con
sui, agent or commissary may either be punish.
ed according to law, or be sent back, the often
ded Government assigning, to the other, rea-
sons for the same.
The archives and papers of the consulates
shall be respected Inviolably; and, under nc
pretext whatever shall any magistrate seize
or in any way interfere with them.
The consuls, vice-consuls, and commercial
agents, shall have the right, as such, to sit as
Judges and arbitrator, in such differences as
may arise between the captains and crews oil
the vessels belonging to the nation whose in.
terest are committed to their charge, without
the interference of the LEGAL authorities, unless
the conduct of the crews, or of the captains
should disturb the order or the tranquility, OF
offend the laws. of the country or the said
consuls, vice-consuls, or commercial agents
should require their assistance to cause thelr
decisions 10 be carried into effect, or supper.
ted.
Its, however, understood that this species
ofJudgment, or arbitration, shall not deprive
the contending parties of the right they have
10 resort, on their return, to the judicial author
tiles of their country.