Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-11-04


Of either Of the high contracting parties Ia
any foreign country, in national vessels, may
also be expofled or re-exported therefrom ~
vessels oi the other party, respectively, with
out paying other o. higher duties or charges,
OF whatever kind or denomination, ihon II the
same merchandise or articles Of commerce
were exported or re-exported in national vcs-
sells.
And the same bountics and draw backs shall
be allowed, whether such expectation or re.
expectation be made in vessels Of the one
party or the nihcr.
AaTIcLE Wilt is expressly Understood
that nothing contained in this treaty riiall be-
applicable to the coastwise navigation ol
either of the two countries, which each oi
the two high contracting parties reserves ex'
clusively to itself.
ARTICLE ViII.-k 10 mutually understood
that the foregoing stpplaiions do not apply
TO ports and territories, IN the kingdom and
possessions Of Portugal, where foreign com.
merce and navigation are not admitted and
that the commerce and navigation OF Portu-
gal, directly tO and from the u. y Of Ameri
ca, and The said ports and territories, are also
prohibited.
But fler Most Faithful Majesty agrees that,
as soon ms the said ports and territories, or
any of them. shall be opened to the commerce
or navigation Of any foreign nation, they shall
from that moment, be also opened To the
commerce and navigation of the U. States OF
America, wlih the some privileges, rights and
favors as may he allowed TO the most favored
nation, grstuitously, if the concession was
grntuilously made, or on allowing the same
compensation, or an equivalent, If tho con-
ccssion was conditional.
Al.
subjects Of either Of the contracting parties
shall be forced n seek refuge or asylum III
any Of the rivers, bays, ports, or territories of
the other, with their vessels, whether mer.
chant, or OF war, through stress Of weather
pursuit Of pirates or enemies, they shall be-
received and treated with humanity, giving
10 them hll favor, facility and protection for
repairing their ships, procuring provisions and
placing themselves IN n situation TO continue
their voyage, without obstacle or hindrance
Of any kind.
ARTICLE X.--The two contracting parties
shnll have the liberty of having each IN the
ports Of the other, cOnsuls, vice-consuls,
agents and cohnpissaries Of their own ap
poiniIne Mt who shat, enjoy the same priv
leges and powers as those Of the most favored
nation. But, before any consul, e-consul,
agent, or commissary shall oct as such, he
shnll, in the usual form, be approved and ad
mitted by the Government 10 which he II
sent
But, if any such consuls, shall exercise
commerce, they shall be submitted to the
same laws and usages TO which The private
individuals Of their nation are submitted, in
the same place, N respect Of their CONNER
cinl transactions.
And it is hereby declared that, IN case Of
offence against the laws, such consul, vice
consul, ngent or commssary may either be
punished according TO law, or be sent back,
the offended Government assigning 10 the
other reasons for the same.
The archives and papers Of the consnlates
shall be respected invlolably : and, nndcr no
prctcxt whatever, shall any magistrate seize,
or in any way interfere with them.
The consuls, vice eonsuls, and commercial
agents, shall have the right, as such, to sit as
Judges and orbtrators, in such differences ns
may arise between the captains md crews Of
the vessels belonging TO the nation whose in.
fercsts are committed 10 their charge, without
the interference Of the local authorities, un.
less the consDct Of the crews, or of the cap.
iains, should disturb the order or the tran
guilty, oS offend the laws Of the country; or
the said eonsuls, viee-conspls or commercial
their decisions 10 be carried into effect, or
supported.
Il IL, however, understood that this species
ofjudgmcnt, or arbitration, shall not deprive
tho con,ending parties Of the right they have
to resort, on their return, TO the judicial au-
thoriiies of their country.
Article Xt.--The said consuls, vice con-
suls aud commercial agents are authorised to
require the assistance OF the local authorities,
for the search, arrest, detention and lmprlson
meDt of the deserters from the ships of war
and merchant vessels OF their country.
FOR this purpose, they shall apply to the
competent tribunals, judges, and officers, and
shall, IN writing, demand the said deserters,
proving by fhe exhibition OF the registers oi
The vessels, the rolls Of the crews, or by any
other offcinl documents, that such indydu.
as formed part Of the crews; and this recla-
ssnatlon being Thus subston,iatcd, the surrcn-
der shall be made, without delay.
Such dcserters, when arrested, sholl be
placed at he disposal of the said consuls, vice
C0nsuls, or commercial agents, and may be
conlined in the public prisons, ut the request
ord cost Of those who shall claim them, in
order TO DC detained until 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, If not sent back
within four months from the day Of their ar
rest, they shall be set at liberty, and shull
not be sgaln arrested for the same cause
However, if the dcsertcr shall be found TO
have committed any crime or offence, the
surrender may be delayed until tho tribunal.
before which his case shall be pending, sha Il
have pronounced its sentence, and such sen
tcnce shall have been carried into effect,
ARricLE XlI.--The citizens and subjects
Of each Of the high contracting parties shall
have power to dispose Of their personal goods,
within the jurisdiction Of the other, by tesla
inent, donation, or otherwise and their rep
rcsentstivcs shall succeed TO their said per-
sonol goods, whether by testament or ab IN
teSioio, and may take possession thereof,
either by themselves or by others acting for
them, and dispose Of the same at will, paying
10 the profit Of their respective Governments
such dues only as tho inhabitants of the
country, wherein tho said goods arc, shall be
subject to 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
al l.. All l. 4