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APPENDIX.

STATE PAPERS.

TREATY

Of Amity, Commerce, and Navigation between his Britannic Majesty and his Royal Highness the Prince Regent of Portugal.-Signed at Rio de Janeiro, the 19th of February, 1810.

ARTICLE I. 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 constant and universal peace and harmony between themselves, their heirs and successors, kingdoms, dominions, provinces, countries, subjects, and vassals, of whatsoever quality or condition they be, without exception of person or place; and the stipulations of this present article shall, under the favor of Almighty God, be permanent and perpetual.

ART. 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 of the territories and dominions of either. They may trade, travel, sojourn, or establish themselves in all and several the ports, cities, towns, countries, 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 belonging to either of the two high contracting parties, which may hereafter be opened to the commerce of the subjects of any other country, shall thereby be considered as equally opened, and upon correspondent terms, to the subjects of the other high contracting party, in the same manner as if it had been expressly stipulated by the present treaty. And his Britannic Majesty, and his Royal Highness the Prince Regent of Portugal, do hereby bind and engage themselves not to grant any favor, privilege, or immunity, in matters of commerce and navigation, to the subjects of any other State, which shall not be also at the same VOL. I. APP.

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time respectively extended to the subjects of the high contracting parties, gratuitously, if the concession in favor of that other State should have been gratuitous, and on giving quam proximè, the same compensation or equivalent, in case the concession should have been conditional.

ART. 3. The subjects of the two Sovereigns shall not pay in the ports, harbours, roads, cities, towns, or places whatsoever, belonging to either of them, any greater duties, taxes, or imposts, (under whatsoever names they may be designated or included) than those that are paid by the subjects of the most favored nation; and the subjects of each of the high contracting parties shall enjoy within the dominions of the other, the same rights, privileges, liberties, favors, immunities, or exemptions, in matters of commerce and navigation that are granted or may hereafter be granted to the subjects of the most favored nation.

ART. 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 several ports, harbours, roads, and anchoring places belonging to each of them; to wit, that the ships and vessels of the subjects of his Britannic majesty shall not pay any higher duties or imposts (under whatever name they may be designated or implied) within the dominions 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 expressly extend to the payment of duties known by the name of Port Charges, Tonnage, and Anchorage Duties, which shall not in any case, or under any pretext, be greater for British ships and vessels within the dominions of his Royal Highness the Prince Regent of Portugal, than for Portuguese ships and vessels within the dominions of his Britannic Majesty, and vice versa.

ART. 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 exportation of goods and merchandises, whether those goods or merchandises be exported in British or in Portuguese ships and vessels; that is, that British ships and vessels shall enjoy the same favor in this respect within the dominions of his Royal Highness the Prince Regent of Portugal, that may be, shown to Portuguese ships and vessels within the dominions of his Britannic majesty, and vice versa. The two contracting parties do also covenant and agree, that goods and merchandises 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 duties may be imposed and exacted upon goods and merchandises coming into the ports of the dominions of his Royal Highness the Prince Regent of 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 merchandises 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 this matter may be settled with due exactness, and that nothing may be left undetermined 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 merchandises so imported in British or Portuguese ships and vessels; and the said tables (which shall be made applicable to all the ports within the respective dominions 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 misunderstanding with respect to the Regulations which may respectively constitute a British or Portuguese vessel, the high contracting parties agree to declare, that all vessels built in the dominions of his Britannic Majesty, and owned, navigated, and registered according 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 belonging to the Portuguese government, or any of the inhabitants of the dominions of his Royal Highness the Prince Regent of Portugal, having Commissions or Letters of Marque and Reprisal from the Government of Portugal, and condemned as lawful prize in any Court of Admiralty of the said Portuguese Government, and owned by the subjects of his Royal Highness the Prince Regent of Portugal, or any of them, and whereof the master and threefourths of the mariners, at least, are subjects of his Royal Highness the Prince Regent of Portugal, shall be considered as Portuguese vessels.

ART. 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 allowed by the two Crowns. And the commerce and navigation thus permitted, shall hereafter, and for ever, be placed on the footing of the commerce and navigation of the most favored nation trading in the ports and seas of Asia; that is, that neither of the high contracting parties shall grant any favor or privilege in matters of commerce and navigation, to the subjects of any other state trading within the ports and seas of Asia, which shall not be granted quam proximè 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 successors, not to make any regulation which may be prejudicial or inconvenient to the commerce and navigation 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 favored nation. And his Royal Highness the Prince Regent of Portugal does also engage in his own name, and in that of his heirs

and successors, not to make any regulations which may be preju dicial or inconvenient to the commerce and navigation of the subjects of his Britannic Majesty within the ports, seas, and dominions opened to them by virtue of the present Treaty.

ART. 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 dominions 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 within the territories or dominions of the other, to occupy houses and warehouses, and to dispose of personal property of every sort and denomination, by sale, donation, exchange, or testament, or in any other manner whatsoever, without any the smallest impediment or hindrance thereto. They shall not be compelled 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 dwellinghouses, warehouses, and all the parts and appurtenances 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 accounts be made under color of the supreme 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 being mutually declared that false and malicious accusations are not to be admitted as pretexts or excuses for vexatious visits and searches, or for examinations of commercial books, papers, or accounts, which visits or examinations are never to take place, except under the sanction of the competent Magistrate, and in the presence of the Consul of the nation to which the accused party may belong, or of his deputy or representative.

ART. 8. His Royal Highness the Prince Regent of Portugal 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 permission 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 favor 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 recognised and laid down by the two high contracting Parties.

But it is to be distinctly understood, that the present article is

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