Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-10-28

T.
usual .om. BE- approvcd and admitted by The Gov
crnmer, 0, which bc y sent.
But # any srch colsuls shall exercise commerce.
they shall be Submitted 10 the sumo laws and nsa.
ges to which the private individuals OF their nation
arc submitted. Ia the same place, IA respect OF their
commercal transactions
And, 1t Is hereby declared that in case ofohr'nre
against The laws sn,h consul, vice-con-u agent or
c"tumissaTy may cilhcr be punished according 10
law. or be cent back, the offended Government
assigning. TO the other. reasons for the same.
The archives and papers Of the consulates shall
b" respected mvio ably; and. under NO prete1t what
ever shall any magistrate seize or IN any way inter
fcrc with ihpm
The cossul.. vice corsnls and commercial oscn,s
shall have the right. such. TO sii as iud,e. and
arbilrainrs IN such differences as may arise between
the captains aud of the vessels belonging IN
the nation whose interests ate committed To Their
charge. without the interference of the local
authurrs unless the conduci oithc cre,Ssor OF the
captains shoud disturb the peace The tranquility
offend the laws, OF The csunir; or the said con
suls vicc-con.us or commercial agents should
require their assistance TO cause their decisions 10
be carried into effect or supported.
Is. however. understood that this species Iudg
meat or arbitration, shall n, deprive The coniendng
parties OF the right they have 10 their return
10 the Judicial authorities of their country
Arr. NJ. The sand cln,us vice-con,us and COM
mCrria agents author zed L. require the assist
ance OF The heal authorities ,r the search. arrest
deicniio AMI imprisonment at The d,scrcrs from
the ships Of war and merchant vessels Of their
county.
For this purpose they sh,Il. apply to he compe.
tent tribunals. judges, and oiliccrs anl shall. in
writing, demand tho said drScriers. proving by the
exhibition ut The registers OF the vessels, the rolls Of
the hy any other "ilici al documents. that
such individuals formed part urthc crews; and. This
frttf l.srr 1T,
shall be made, uilh1ut delay.
Such drsertcrs. when arrested. shall be paced NJ
the disposal OF the sad cnusns, vicc-consuls. or
commercial agents. and may he confined in the
public prisons, al the request AMI cost OF those WIN
shIl claim then IN or Ter o. be detained until the
Il nc when hey shall b. restored TO the vessels to
whirh They belonged, sent back to their own
c1uuy, by vessel Of the nation. or any other
vessel whatsoever. But. # not sent back. within
four months from the day ug their arrest, they shall
Doe at liberty, and shall MOI be again arrested fr
the same cause. liuwc,e i the descrirr shall he
found To have committed auv crime or uH,uce. the
surrender may be delayed unul the tribunal. before
VIII ch his case shall I've pen ling, shall have pro-
nouuced us sentence. aud such sentence shall have
been carried into effect.
Arr Ill. Tae citizens aud subjects Of each nf
the high cuptracii e parties shall have power 20
dispose of their personal goods, within the inrisic.
pn oCiie other hy teslamtn' .lonaon,or Otherwise;
an their repre- eniaiiVcs shall succeed 10 their said
personal go"ls, whether by testament db lHtrso.
and may take possession there by themselves
or hy Others acting for Them. oud dispose of The
same at will, pay ing To the profit Of the respective
Governments such dues only as the inhabitants or
the country. whe rein the said goods are. shall be
subject 10 Jay IN like cases.
Aud where. un The death OF any person holding
real estate within The territories uHc oi the high
contracting parties such real estate would by the
~. 4. 4 q II
The other parry who, 10y rcas N OF alicnagc, may b.
incapable ofhuIing It, he shall be allowed the time
liked by tho laws of The country: and. ia csse the
laws OF he country actually IN force may not have
fixed any such iime he then shall be allowed rea.
'n1blC Tine 4 al, or rtlnr,vss dispose Of such
real estate, and "a withdraw and export the proceeds
with m1os.alon, and w'Jh1ui paying 90 the profit
Ut he respective Gov, ran, ut, any ohcr due than
those TO "hch tn Inha,iianr Of the country.
wherein SAID real estate is situated, shall he subject
10 ply in Ike cus,s
ARr. XIII, ID either pa ~ shall, hereafter, grant
u any Other nlion any pIrruiar favor in navr tJibn
or commerce II shall immediately Income common
u The other pJriy. freely. where 30 is freely granted
10 sach other n1'.cn: or on y,rjInE the same COM
p'n@''on. or 'n equivalent guam Proria'" where
the giant is conditional.
Ar. XIV. The United States of America and
her Most Faithful NJ i,sio desiring 10 make a,
durable at circum mes Will permit, tie relations
which are % be established between the Two par.
lies 10y virtue Of this treaty general convection
% reciprocal liberty of commerce and navIgaliun
have declared solemuy aud do agree 10 The follow.
inr points:
lsi. The present treaty shall be in f,rce for SIX
yelrs from The date hereof aud further uuiil the end
Of one year after either Of the contracting parties
shall have given notice T. the other, Of is micuiiun
10 terra male the same: each of the contracting par
lies reseryug TO itself the right Of giving such notice
To the other ut any time uGcr The expiration Of
the said term Of years; and u is hereby agreed
between Them that, on the expiration of one year
after such noice shall have been received by eihcr
ir m he other party, this treaty shall altogether
case and terminate.
81. lfsuy one more Of Tho citizens or subjects
OF either party shall infringe any Of the articles ui
lhis treaty. such citizen or subject shall be held
personally responsible for the same; aud The har-
mony aud guuI correspondence bsiwoen the two
nations shall not be interrupted thereby each party
engaging inn way 10 project The offender, or sane
lirII such violation.
81. IT, (Which, indeed, cannot be cxpccied) an.
briuuIIeIy, any uf the articles contained la the
present treaty shall be violated nlringed, IN any
way whatever 10 is expressly stipulated that neither
OF the contracting parties will order authorize any
acts Of reprisll nor declare war against The o,her.
on complaints Of injuries or damages until the said
party, considering itself offended. shall first have
presented 10 the other q statement OF such injuries
or damages, verified by competent propG aud dc.
mlnded justice aud satisfaction, and the shall
have been eiih0r refused or uuroasonaby delay
cl.
4'h. The present treaty shall be approved and
ratified by The President Of the United States Of a
morca, by and with the advice aud consent Of SEN
ate OF the said Slaies, and by Her Most Faithful
Majesty with The previous consent ofIhe General
CJries Of The nation, and TIC publications. shall be
exchanged, IN the city Of Washington within eight
months from the date hereof or sooner, If posi-.
BILE.
IN witness whereof the respective plenipoicntia.
aries have signed the same, and have affixed thereto
the seals Of their arms.
Done % trpliclte, IN the city ofLsbon. the tyycn
ty-sixh day Of August IN the year Of our ord one
thousand cisht hundred and forty.
EDWARD KAVANAGH. IT, 81
And whereas The said treaty has been duIy raj.
fed on both paris, aud The respective ratfrlfous of
the same we're exchanged al the city Of Washing
ton on the iv eny-ihird day Of April one thousand
oghi hundred and forty one. by Daniel Webster.
Secretary oiSa'o Ofthe United States and the Com.
u1ndcr Joaquin Cesar De FgInicrce N,rso. oCII.,