ties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties.

ARTICLE II.

In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Spain shall be subject to the procedure required by her laws.

ARTICLE III.

The present Convention is concluded for a period of five years dating from the day of the exchange of the ratifications.

ARTICLE IV.

The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by His Majesty the King of Spain. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications.

Done in duplicate in the English and Spanish languages at Washington, this twentieth day of April in the year one thousand nine hundred and eight.

ELIHU ROOT

R. PIÑA Y MILLET

SWEDEN.

(SEE SWEDEN AND NORWAY, page 1742. NORWAY, page 1300.) Note from the Swedish Minister to the Secretary of State.

(For. Rel., 1905, page 872.)

LEGATION OF SWEDEN, Washington, November 20, 1905. Mr. SECRETARY OF STATE: One of the direct consequences of the dissolution of the union between Sweden and Norway is the cessation of the two countries' community in regard to the conventions and arrangements of every character entered into jointly by them with another power or several powers. Hence the Swedish Government deems itself released from any responsibility by reason of the obligations stipulated in the said common conventions and arrangements in which Norway is concerned. As for the treaties or other agreements concluded in the name of His Majesty the King of Sweden and Norway for Norway separately, it is obvious-and I hardly need point it out here that His Majesty's Government is in no wise answerable, after the separation of the two states, for the obligations incumbent upon Norway.

On the other hand, the Swedish Government is of opinion that the above mentioned instruments jointly concluded by Sweden and Norway, continue in full force and effect as regards the relations between Sweden and the other contracting party or parties, without any modification whatever of the provisions that have heretofore regulated such relations being required by the dissolution of the union between Sweden and Norway.

The Swedish Government reserves the right to make, after a more thorough examination, a further communication on the point of deciding whether and in what measure a revision of the existing treaties is necessary or expedient.

In the meanwhile, the Swedish Government deems all agreements concluded by Sweden, whether separate or jointly with Norway, to be valid without modifications in regard to the relations therein considered between Sweden and the respective states.

I have the honor to bring the foregoing to your excellency's knowledge in compliance with directions received by me, and to beg that you will be so good as to acknowledge the receipt of this communication.

Be pleased, etc.,

A. GRIP.

The Secretary of State acknowledged receipt of this communication in a note dated December 4, 1905.

See also Note from Norwegian Minister to Secretary of State, December 7, 1905, page 1300.

1783.

TREATY OF AMITY AND COMMERCE.

Concluded April 3, 1783; ratified by the Continental Congress July 29, 1783; proclaimed by Congress September 25, 1783.

The King of Sweden, of the Goths and Vandals, &c., &c., &c., and the thirteen United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to establish, in a stable and permanent manner, the rules which ought to be observed relative to the correspondence and commerce which the two parties have judged necessary to establish between their respective countries, states, and subjects: His Majesty and the United States have thought that they could not better accomplish that end than by taking for a basis of their arrangements the mutual interest and advantage of both nations, thereby avoiding all those burthensome preferences which are usually sources of debate, embarrassment, and discontent, and by leaving each party at liberty to make, respecting navigation and commerce, those interior regulations which shall be most convenient to itself.

• Federal case: Weiberg v. The St. Oloff., 2 Pet. Adm., 428.

Translation from the original, which is in the French language. This treaty terminated by the limitation contained in the first separate article, post, fifteen years from the day of the ratification, but Articles II, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIII, and XXV, as well as the separate Articles I, II, IV, and V, were revived by Article XII of the treaty of September 4, 1816, with Sweden and Norway, post, and were again revived by Article XVII of the treaty of July 4, 1827.

With this view, His Majesty the King of Sweden has nominated and appointed for his Plenipotentiary Count Gustavus Philip de Creutz, his Ambassador Extraordinary to His Most Christian Majesty, and Knight Commander of his orders; and the United States, on their part, have fully empowered Benjamin Franklin, their Minister Plenipotentiary to His Most Christian Majesty.

The said Plenipotentiaries, after exchanging their full powers, and after mature diliberation in consequence thereof, have agreed upon, concluded, and signed the following articles:

ARTICLE I.

There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the King of Sweden, his heirs and successors, and the United States of America, and the subjects of His Majesty, and those of the said States, and between the countries, islands, cities, and towns situated under the jurisdiction of the King and of the said United States, without any exception of persons or places; and the conditions agreed to in this present treaty shall be perpetual and permanent between the King, his heirs and successors, and the said United States.

ARTICLE II.

The King and the United States engage mutually not to grant hereafter any particular favour to other nations in respect to commerce and navigation which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.

ARTICLE III.

The subjects of the King of Sweden shall not pay in the ports, havens, roads, countries, islands, cities, and towns of the United States, or in any of them, any other nor greater duties or imposts, of what nature soever they may be, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the said nations do or shall enjoy, whether in passing from one port to another of the United States, or in going to or from the same, from or to any part of the world whatever.

ARTICLE IV.

The subjects and inhabitants of the said United States shall not pay in the ports, havens, roads, islands, cities, and towns under the dominion of the King of Sweden, any other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the said nations do or shall enjoy, whether in passing from one

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port to another of the dominion of His said Majesty, or in going to or from the same, from or to any part of the world whatever.

ARTICLE V.

There shall be granted a full, perfect, and entire liberty of conscience to the inhabitants and subjects of each party; and no person shall be molested on account of his worship, provided he submits so far as regards the public demonstration of it to the laws of the country. Moreover, liberty shall be granted, when any of the subjects or inhabitants of either party die in the territory of the other, to bury them in convenient and decent places, which shall be assigned for the purpose; and the two contracting parties will provide each in its jurisdiction, that the subjects and inhabitants respectively may obtain certificates of the death, in case the delivery of them is required.

ARTICLE VI.

The subjects of the contracting parties in the respective States may freely dispose of their goods and effects, either by testament, donation, or otherwise, in favour of such persons as they think proper; and their heirs, in whatever place they shall reside, shall receive the succession even ab intestato, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, as well as the capitals and effects which the subjects of the two parties, in changing their dwelling, shall be desirous of removing from the place of their abode, shall be exempted from all duty called droit de détraction" on the part of the Government of the two States, respectively. But it is at the same time agreed that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations, or which may hereafter be published, which shall remain in full force and vigor. The United States, on their part, or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper.

ARTICLE VII.

All and every the subjects and inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels, in all safety and freedom, and without any regard to those to whom the merchandizes and cargoes may belong, from any port whatever; and the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their vessels, and, with the same liberty and safety, to frequent the places, ports, and havens of Powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same or of different Princes. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the merchandizes free, and that everything which shall be on board of ships belonging to subjects of the one or the other of the contracting

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