Page:United States Statutes at Large Volume 8.djvu/576

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564 TREATY WITH PORTUGAL. 1840. B<>umi¤¤,_&c- And the same bounties and drawbacks shall be allowed, whether

I;‘;s‘;“,?g{;}hm_ such exportation or re-exportation be made in vessels of the one party

party. or the other. ARTICLE VII. Gousting trade It is expressly understood that nothing contained in this treaty shall ¤¤¤¢P¥¢d· be applicable to the coastwise navigation of either of the two countries, which each of the high contracting parties reserves exclusively to itself ARTICLE VIII. Foregeing sti. It is mutually understood that the foregoing stipulations do not apply pulayions not to ports and territories, in the kingdom and possessions of Portugal, '!’Pl‘9°bl° ‘° where foreign commerce and navigation are not admitted; and that the °°"°m PMS' commerce and navigation of Portugal, directly to and from the United States of America and the said ports and territories, are also prohibited. Said ports,&e. But Her Most Faithful Majesty agrees that, as soon as the said ports “'h°“ °R€“°d ‘° and territories, or any of them, shall be opened to the commerce or any f°"”g" m` navi ation of an forei n nation the shall, from that moment be also uon. to be open g Y g * . I . * to U. S. opened to the commerce navigation of the United States of America, with the same privileges, rights and favors as may be allowed to the most favored nation, gratuitously, if the concession was gratuitous1y made, or on allowing the same compensation, or an equivalent, if the concession was conditional. ARTICLE IX. pm,,,,;,,,, to Whenever the citizens or subjects of either of the contracting parties vessels seeking shall be forced to seek refuge or asylum in any of the rivers, bays, ports, ’°f“g°· &°· or territories of the other, with their vessels, whether merchant, or of war, throu h stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor, facility and protection for repairing their ships, procuring provisions and placing themselves in a situation to continue their voyage, without obstacle or hindrance of any kind. ARTICLE X. Each part m The two contracting parties shall have the liberty of having, each in haveeonsulls. the ports of the other, consuls, vice-consuls, agents, and commissaries gag? "“°l‘ of their own appointment, who shall enjoy the same privileges and s ports . powers as those of the most favored nation. But, before any consul, vice—consul, agent, or commissary shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent. Ofeonsulg an. But, if any such consuls shall exercise commerce, they shall be sub- B¤H¤¤S i¤ <=¤m· mitted to the same laws and usages to which the private individuals of m°r°°‘ their nption are submitted, in the same place, in respect of their oom— mercia transactions. In case ctc0n- And, it is hereby declared that, in case of olfense against the laws,

KjS,§\?j“""¤ such consul, vice-consul, agent or commissary may either be punished

' according to law, or be sent back, the offended Government assigning, to the other, reasons for the same. (3,,,,,,,;,,,. nr, The archives and papers of the consulates shall be respected inviolashiyelslto bein- bly; and, under no. pretext whatever shall any magistrate seize, or in ‘° “ °· any way interfere with them. pgspuws bc, D The consuls, vice-consuls, and commercial agents, shall have the

&»;m$¤L° right, as such, to srt as judges and arbitrators, in such differences as

dmyed h·y the may arise between the captains and crews of the vessels belonging tc

0,,suL gw the nation whose interests are committed to their charge, without the

1846y 0h_ me interference of the local authorities, unless the conduct of the crews, or