Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-11-29


OF Portugal, directly 10 aud from the United
States Of America and the said ports and terri
tories, are also prohibited.
But Her Most Faithful Majesty agrees that, us
soon as the said ports and territories or any of
them, shall be opened to the commerce or naviga-
ton Of any foreign nation, they shall, from that
moment, he 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, gratuitousy,
if the concession was gratuilousy made, or al
lowing the same compensation, or an equivalent
If the concession was conditional.
! ARTICLE IN.
I Whenever the citizens subjects of either of
the contracting parties shall be forced to seek
refuge or asylum in any uf the rivers, bays, ports
or territories, of the other, with their vessels
whether merchant or of war, through stress OF
weather, pursuit of pirates or enemies, they shall
be received aud treated with humanity, giving TO
them all favor facility and protection Tor repairing
their ships, procuring provisions, and placing
themselves IN situation to continue their voyage,
without obstacle or hindrance OF any kind.
ARTICLE X.
The two contracting parties shall have the
liberty of having, each in the ports of the other,
consus, vice consulS, agents. and connssaries of
their own appointment, who shall enjoy the same
privileges, and powers us those of the mos favor
ed nation. But before any consul, vice consul,
ngGnt or commissary shall act such, he shall in
The usual form, he approved and admitted by The
Government to which he is sent.
But, if any such consus shall exercise commerce,
they shall he submitted TO the same laws and
usages to which the private individuals of their
nation are submitted, in the same place. in respect
OF their commercial transactions.
And il is hereby declared that, in case of offence
against the laws, such consul, vce-consul, agent
or connssary, may either be punished according
10 law, or he sent back the offended Government
n tn hp nj her mr. he
The archives and papers of the consuates shall
be respected invioably and, under no pretext
whatever, shall any magistrate seize or in any
way interfere with them.
The consus, vce-consuIs, and commercial
agents, shall have the right, such, TO sit as
judges aud nrblrators, in such differences as may
al Use between the captains and crews of the YES
sells belonging TO the nation whose interests ale
\ committed to their charge, without the interle-
renee of the local authorities, unless the conduct
of the crews Of the captains, should disturb the
order the tranquility, offend the laws of the
country the said consuls, vice. consuls, or
commercial agents, should require their assistance
to cause their decisions TO he carried into effect, or
supported.
Ii is however, understood that this species of
Judgment arbitration shall not deprive the
tending parties of the right they have TO resort,
on their return, to the judicial authorities of their
country.
The said consus, vice-consus, and commercial
agents, are authorized TO require the assistance II
| the local authorities tor the search, arrest deten.
ton and Imprisonment Of the deSerters from the
ships of war, and merchant vessels of their coun-
try.
For this purpose, they shall apply 10 the compe-
tent tribunals, judges and officers, aud shall, in
writing, demand the said deserlers, proving by the
exhibition OF the registers of the vessels, the rolls
of Tie crews, or by amy other official documents,
! that such individuals formed part of the crews
and, tins reclamation being thus subslantiated, The
surrender shall he made without delay.
/ Such deserters when arrested, shall he placed
nj the disposal OF the said consuls, vice cOnsus
commercial agents. and may be confined in the
public prisons, nj the request and COST of those
who snail claim them, in order to be detained I'M
I'll the time when they shall be restored 10 the
vessels to which they belonged, or sent back TO
their own country, by vessel OF the same nation,
or any other vessel whatsoever. But, il not Gent
back within four months from the day of their
arrest, they shall he at liberty, and shall not be
again arrested for the same cause. However, if
! The deserer shall be found to have committed any
crime or offence, the surrender may be delayed
until the tribunal before which his shall be
pending shall have pronounced its sentence, and
such sentence shall have been carried into effect
/ ARTICLE XII.
The citizens aud subjects Of each of the high
contracting parties shall have power to dispose of
olher 10y testament, donation, or otherwise and
their representatives shall succeed to their said
personal goods, whether by testament or aj intes
tdio, aud may take possession thereof, either by
themselves, or by others acting for lheni, and dis
pose OF tie same al will, paying to the profit OF
the respective Governments such dues only us the
inhabitants Of the country, wherein the said goods
are, shall be subject 20 pay in like cases.
And where, on the death Of any person holding
real estate, within the territories of one of The high
contracting parties, such real eslate would, by the
laws OF the land descend on a citizen or subject OF
the other party, who. by reason OF alienage, may
be incapable of holding il, 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 he allowed
u reasonable lime to sell or otherwise dispose OF.
such real estate, and to Withdraw and export the
proceeds without mOleslalon, and without paying
TO The profit of the respective Governments any
other dues than those to which the inhabitants OF
the country, wherein said real estate liz situated,
shall be subject TO pay in like cases.
ARTICLE XIII.
IL either party siIali, hereafter grant 10 any
other nation any particular favor in hav gnllon or
commerce, it shall Immediately become common
10 the other party freely, where il is freely gran
ted 10 such other nation, or, on yielding the same
compensation, or an equivalent, guam prorlme
where The grant is conditional.
ARTICLE XIV.
The United States of America, and Her Most
/, Faithful Majesty, desiring 10 make as durable as
circumstances will permit, the relations which are
10 be established between the two parties, by viz
= tue OF this treaty or general convention OF recp-
rocal liberty OF commerce and navigation, have
declared solennly, and do ugrce 10 The following
points,
list. The present treaty shall be in force for six
years from the date thereof and further until the
end of year after eher of the contracting par
ties shall have given notice to the other of It's in
l. tenton TO terminate the same /; each of the con"
tracing parties reserVing to itself the right of
= giving such notice 10 the other, at any time after
The expiration of the said term OF six years; and
b it is hereby agreed between them, that, on the
expiration OF one year after such notice shall have
been received by either from the other party, this