COLLECTION OF TREATY PROVISIONS SIMILAR TO ARTICLE XVII OF THE SWEDISH TREATY OF 1783 1 GREAT BRITAIN-PORTUGAL, 1642 Article X ("It is concluded and accorded "): 1 That the most renowned King of Portugal, or His ministers, within His Kingdoms and Dominions, shall not arrest or withhold the ships of the subjects of the most renowned King of Great Britain, or His subjects, without His knowledge and consent for His services of war, or any other services whatsoever; but that the said ships and subjects may freely, and at their own pleasure, depart out of the ports and dominions of the said King, without any hindrance of the said King of Portugal or His ministers; and that the goods and merchandizes of the subjects of the King of Great Britain, shall not be taken for the service of the King of Portugal, but for the just and common price thereof, to be paid within two months following, unless some other time of payment shall be agreed on by both parties. (Hertslet, vol. II, p. 4.) GREAT BRITAIN-SWEDEN, 1654 Article V No merchants, captains and masters of ships, marines, nor any persons, ships, goods, or merchandise, belonging to either confederate, shall upon any public or private account, by virtue of any edict general or special, within any the lands, havens, sea-roads, coasts, or dominions of the other, for any public service or expedition of war, or any other cause, much less for any private use, be seized, embarked, arrested, forced by violence, or be any way molested or injured: Provided only such arrests, as are comformable to justice and equity, be not hereby prohibited, so be it they are made according to the ordinary course of law, and not granted upon private affection or partiality, but are requisite for the administration of right and justice. (Handbook of Commercial Treaties, 1925, p. 809.) 'The articles in lightface type correspond to articles XVII of the treaty between the United States and Sweden which is the subject of controversy in this arbitration; the articles in boldface type are other articles which recognize the right of the contracting parties to make internal regulations with respect to the control of imports and exports. 144621-34- -45 GREAT BRITAIN-SWEDEN, 1654 Article IV Either confederate their people and subjects, may trade and have commerce in all places where commerce hath hitherto been exercised in what goods and merchandise they please, and may freely import and export the same paying the customs which are due; and conforming themselves to the laws and ordinances of the said commonwealth and kingdom, whether the same respect trade or any other right. ... (Handbook of Commercial Treaties, 1925, pp. 808, 809.) GREAT BRITAIN-SWEDEN, 1661 Article V No merchants, captains, and masters of ships, mariners, nor any other persons, ships, goods, or merchandise belonging to either confederate, shall, upon any public or private account, by virtue of any edict, general or special, within any of the lands, havens, sea-roads, coasts, or dominions of the other, for any public service, or expedition of war, or any other cause, much less for any private use, be seized, embarked, arrested, forced by violence, or be any other way molested or injured: Provided only, such arrests as are conformable to justice and equity be not hereby prohibited, so be it they are made according to the ordinary course of law, and not granted upon private affection or partiality, but are requisite for the administration of right and justice. (Handbook of Commercial Treaties, 1925, p. 817.) GREAT BRITAIN-SPAIN, 1667 Article XVII That neither the said King of Great Britain, nor the King of Spain, by any mandate general nor particular, nor for any cause whatsoever, shall embark or detain, hinder or take for his respective service any merchant, master of a ship, pilot or mariner, their ships. merchandise, cloths, or other goods belonging unto the one or the other, in their ports or waters, if it be not that either of the said Kings, or the persons to whom the ships belong, be first advertised thereof, and do agree thereunto; provided, that this shall not be construed to hinder or interrupt the ordinary course of justice and law in either country. (Handbook of Commercial Treaties, 1925, p. 737.) GREAT BRITAIN-SPAIN, 1667 And all the cities, ports, currents, bays, districts, and other places thereof; and [subjects] may enter into any port with their ships laden or empty, carriage or carriages wherein to bring their merchandise, and there buy and sell what and how much they please, and also at just and reasonable rates provide themselves with provisions and other necessary things for their subsistence and voyage; and also may repair their ships and carriages and from thence again freely depart with their ships, carriages, goods, merchandise, and estate, and return to their own countries, or to such other places as they shall think fit, without any molestation or impediment so that they pay the duties and customs which shall be due, and saving to either side the laws and ordinances of their country. (Handbook of Commercial Treaties, 1925, p. 732.) GREAT BRITAIN-DENMARK, 1670 Article XXVI The commanders of ships, or governors, soldiers, mariners and company belonging to the same, as also the ships themselves, and the goods and merchandise on board them, shall not be detained by any arrest or seizure upon any warrant either general or special, or for any cause, unless for the defence and preservation of the kingdom; which yet shall not be understood to be meant of arrests laid by authority of law, for debt contracted upon any other lawful occasion whatsoever, in which case it shall be lawful to proceed according to the rules of justice and law. (Handbook of Commercial Treaties, 1925, p. 140.) AUSTRIA-SPAIN, 1725 Article XXV Nor can the said ships, whether war or merchant vessels or any other kind, be detained (retenir) by any general or particular order whatever, for the purpose of arming them for war service, or for using them for carriage or transport, if such use does not arise from a free and voluntary contract made with the master of the ship or with the owner; still less can the officers or sailors be compelled to leave the ship to serve in fleet or vessels, for however short a time and no matter how urgent the necessity, but if they offer their services themselves, it is permissible to accept them. [Translation.] (Dumont, VIII, pt. II, p. 114.) UNITED STATES NETHERLANDS, 1782 Article VIII Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandizes and goods in general, and effects of one of the confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores, or dominions whatsoever of the other confederate, for any military expedition, publick or private use of any one, by arrests, violence, or any colour thereof; much less shall it be permitted to the subjects of either party to take or extort by force anything from the subjects of the other party, without the consent of the owner; which, however, is not to be understood of seizures, detentions, and arrests which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof the proceedings must be by way of law, according to the forms of justice. (Malloy, p. 1236.) RUSSIA-DENMARK, 1782 Article XIII No ship, whether merchant vessel or war ship, belonging to the subject of one of the two contracting Powers, nor any one of its crew, may be arrested, nor the merchandises seized in the ports of the other. However, this shall not extend to seizures or arrests of law, for personal debts contracted in the territory by the owners of said ship or of its cargo, in which case they shall be proceeded against according to legal form and substance, and it is understood that for personal wrongs (delits) each shall submit to the laws established by the country where the ship and crew shall land. [Translation.] Article XIV On the other hand, none of these ships shall be compelled to serve in war, nor for any transportation whatever, against its will [Translation.] (Martens, Recueil, vol. II, p. 284.) [N. B. In Martens collection, from which the above articles are translated, article XIII is described by him as providing for "exemtion de saisie" (freedom from seizure), and artivle XIV a5 providing for exemption from "embargo", i.e., "et d'embargo".] UNITED STATES-PRUSSIA, 1785 Article XVI It is agreed that the subjects or citizens of each of the contracting parties, their vessels and effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition, or other public or private purpose whatsoever. And in all cases of seizure, detention, or arrest for debts contracted or offences committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. (Malloy, p. 1478.) UNITED STATES-PRUSSIA, 1785 Article IV Nevertheless, the King of Prussia and the United States, and each of them, reserve to themselves the right, where any nation restrains the transportation of merchandize to the vessels of the country of which it is the growth or manufacture, to establish against such nations retaliating regulations; and also the right to prohibit, in their respective countries, the importation and exportation of all merchandize whatsoever, when reasons of state shall require it. In this case, the subjects or citizens of either of the contracting parties shall not import nor export the merchandize prohibited by the other; but if one of the contracting parties permits any other nation to import or export the same merchandize, the citizens or subjects of the other shall immediately enjoy the same liberty. UNITED STATES-SPAIN, 1795 Article VII (Malloy, p. 1478.) And it is agreed that the subjects or citizens of each of the contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpose whatever; and in all cases of seizure, detention or arrest for debts contracted, or offences commit[t]ed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceeding usual in such cases. . . . (Malloy, p. 1643.) |