Vol. I. Ch. II. 31. For the future security of commerce and friendship between the subjects of His Britannic Majesty, and His Royal Highness the Prince Regent of Portugal, and to the end that their mutual good understanding may be preserved from all interruption and disturbance, it is concluded and agreed, that if at any time there should arise any disagreement, breach of friendship, or rupture between the Crowns of the high Contracting Parties, which God forbid, (which rupture shall not be deemed to exist until the recalling or sending home of the respective Ambassadors and Ministers) the subjects of each of the two Parties, residing in the Dominions of the other, shall have the privilege of remaining, and continuing their trade therein, without any manner of interruption, so long as they behave peaceably, and commit no offence against the laws and ordinances; and in case their conduct should render them suspected, and the respective Governments should be obliged to order them to remove, the term of twelve months shall be allowed them for that purpose, in order that they may retire with their effects and property, whether entrusted to individuals, or to the State. At the same time it is to be understood that this favour is not to be extended to those who shall act in any manner contrary to the established laws. 32. It is agreed and stipulated by the high Contracting Parties, that the present Treaty shall be unlimited in point of duration, that the obligations and conditions expressed or implied in it shall be perpetual and immutable; and they shall not be changed or affected in any manner in case His Royal Highness the Prince Regent of Portugal, His Heirs or Successors, should again establish the seat of the Portuguese Monarchy within the European Dominions of that Crown. 33. But the two high Contracting Parties do reserve to themselves the right of jointly examining and revising the several Articles of this Treaty at the expiration of fifteen years, counted in the first instance from the date of the exchange of the ratifications thereof, and of then proposing, discussing, and making such amendments or additions, as the real interests of their respective subjects may seem to require. It being understood that any stipulation which at the period of revision of the Treaty shall be objected to by either of the high Contracting Parties, shall be considered as suspended in its operation until the discussion concerning that stipulation shall be terminated, due notice being previously given to the other Contracting Party of the intended suspension of such stipulation, for the purpose of avoiding mutual inconvenience. 34. The several stipulations and conditions of the present Treaty shall begin to have effect from the date of His Britannic Majesty's ratification thereof; and the mutual exchange of ratifications shall take place in the City of London, within the space of four months, or sooner if possible, to be computed from the day of the signature of the present Treaty. In witness whereof, we, the undersigned Plenipotentiaries of His Britannic Majesty and of His Royal Highness the Prince Regent of Portugal, in virtue of our respective full powers, have signed the present Treaty with our hands, and have caused the seals of our arms to be set thereto. Done in the City of Rio de Janeiro, on the 19th day of February, in the year of our Lord 1810. Signed CONDE DE LINHARES, (L.S.) PORTUGAL. Declaration. The undersigned, His Majesty's Principal Secretary of State for Foreign Vol. I. Ch. II. Affairs, at the moment of exchanging with the Chevalier de Souza Couttinho, Envoy Extraordinary and Minister Plenipotentiary from His Royal Highness the Prince Regent of Portugal, the ratifications of the Treaty of Commerce signed at Rio de Janeiro on the 19th of February 1810, by Lord Viscount Strangford, on the part of His Majesty, and by the Conde de Linhares, on the part of His Royal Highness the Prince Regent, has been commanded by His Majesty, in order to avoid any misunderstanding which might possibly arise in the execution of that part of the fifth Article of the said Treaty, wherein it is defined what ships shall be considered as entitled to the privileges of British ships, to declare to the Chevalier de Souza Couttinho, that, in addition to the qualifications therein expressed, such other ships will likewise be entitled to be considered as British ships, which shall have been captured from the enemy by His Majesty's ships of war, or by subjects of His Majesty furnished with letters of marque by the Lords Commissioners of the Admiralty, and regularly condemned in one of His Majesty's Prize Courts as a lawful prize, in the same manner as ships captured from the enemy by the ships of Portugal, and condemned under similar circumstances, are, by the subsequent paragraph of the aforementioned Article of the said Treaty, to be considered as Portuguese ships. The undersigned requests the Chevalier de Souza Couttinho to accept the assurances of his high consideration. Foreign Office, 17th June 1810. The Chevalier de Souza Couttinho, &c. &c. &c. We, the undersigned Commissioners appointed by His Britannic Majesty's Agreement be Secretary of State for Foreign Affairs, and by the Ambassador of the Prince tween the British Regent of Portugal resident at this Court, for the settlement of some matters and Portuguese Commissioners, under the late Treaty of Commerce, which require to be adjusted with as on four Points, much precision as the nature of the circumstances will admit, have mutually agreed on the several points hereafter mentioned, and have authenticated such agreement by our respective signatures. 1st.-The Identification of British Ships. on connected with the execution of the Treaty of 1810. Signed at London, 18th December It is agreed, that the official certificate of registry, signed by the proper 1812. officer of the British Customs, shall be deemed sufficient to identify a Britishbuilt ship; and that on the production of such certificate she shall be admitted as such in any of the Ports within the Dominions of His Royal Highness the Prince Regent of Portugal. 2d.-The Verification of British Merchandize in the Portuguese Dominions. It is agreed, that on the importation of any goods or merchandize from the United Kingdom, into any of the Ports in the Dominions of His Royal Highness the Prince Regent of Portugal, all such goods shall be accompanied by the original cockets, signed and sealed by the proper officers of the British Customs at the Port of shipping, and that the cockets belonging to each ship, shall be numbered progressively, the total number stated on the first and last cocket, by the proper officers of the Customs, at the final clearance of each vessel at the British Port; and it is further agreed, that prior to the final clearance by the searchers at the shipping port, the cockets for each ship must be collected and fastened together, to which shall be annexed a paper, with the number of the cockets, sealed with the official seal, and signed by the searchers; the cockets, so collected, shall be produced, together with the manifest sworn to by the Captain, to the Portuguese, Consul, who shall certify the same on the manifest; the cockets, thus Vol. I. Ch. II. secured together, and the manifest, so authenticated, to be returned to the searcher, in order to the final clearance of the ship. PORTUGAL. Convention be. tween Great Britain and Portugal. Signed at Vienna the 21st of January 1815. 3d.-An Arrangement of Scavage, Package, and Trinity Dues. It is agreed to place the Portuguese Merchant on the same footing with the British, both with regard to the duties of scavage and package payable to the Corporation of London, and the duties payable on shipping to the Corporation of the Trinity House in London. To effect this, and at the same time to preserve the chartered rights of the Corporation of London, and of the Trinity House, it will be necessary that those duties should, in the first instance, be paid as at present, and in all cases where it shall appear that the Portuguese Merchant shall have paid more than the British, the difference to be returned without expense, in such manner as the British Government shall direct. 4th.-The mode of levying Duties of Fifteen per Cent. on British Goods in Portuguese Ports. It is agreed, that the most equitable mode of adjusting this matter, so as to secure to the Portuguese revenue the full payment of the duty of fifteen per cent. and to afford to the merchant the certainty of not being compelled to pay more in any case, appears to be thus: That the importer shall, on making the entry at the Portuguese Customhouse, sign a Declaration of the value of his goods, to such amount as he shall deem proper; and in case the Portuguese examining officers should be of opinion that such valuation is insufficient, they shall be at liberty to take the goods, on paying the importer the amount, according to his declaration, with the addition of ten per cent. and also returning the duty paid. The amount to be paid on the goods being delivered to the Portuguese officer, which must be within fifteen days from the first detention of the goods. London, 18th December 1812. Signed R. FREWIN. A. T. SM. PAYO. His Britannic Majesty and His Royal Highness the Prince Regent of Portugal, being equally desirous to terminate amicably all the doubts which have arisen relative to the parts of the coast of Africa with which the subjects of the Crown of Portugal, under the Laws of that Kingdom and the Treaty subsisting with His Britannic Majesty, may lawfully carry on a trade in Slaves; and whereas several ships, the property of the said subjects of Portugal, have been detained and condemned, upon the alleged ground of being engaged in an illicit traffic in slaves; and whereas His Britannic Majesty, in order to give to His intimate and faithful Ally the Prince Regent of Portugal, the most unequivocal proof of His friendship and of the regard He pays to His Royal Highness's reclamations, and in consideration of regulations to be made by the Prince Regent of Portugal for avoiding hereafter such doubts, is desirous to adopt the most speedy and effectual measures, and without the delays incident to the ordinary forms of law, to provide liberal indemnity for the parties whose property may have been so detained under the doubts as aforesaid: in furtherance of the said object, the high Contracting Parties have appointed as their Plenipotentiaries, viz. His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, K. G. His Majesty's Principal Secretary of State for Foreign Affairs, and His Plenipotentiary at the Congress of Vienna, &c. &c. &c. and His Royal Highness the Prince Regent of Portugal, the Most Illustrious and Most Excellent Don Pedro de Sousa Holstein, Count of Palmella, a Member of His Royal Highness's Council, &c. &c. &c. the Most Illustrious and Most Excellent Anthony de Sal PORTUGAL. danha da Gama, a Member of His Royal Highness's Council, and of His Vol. I. Ch. II. Council of Finance, &c. &c. &c. and Don Joachim Lobo da Silveira, a Member of His Council, &c. &c. &c. His Plenipotentiaries at the Congress of Vienna; who, having mutually exchanged their full Powers, found in good and due form, have agreed upon the following Articles : 1. That the sum of £300,000 be paid in London, to such person as the Prince Regent of Portugal may appoint to receive the same; which sum shall constitute a fund to be employed, under such regulations, and in such manner as the said Prince Regent of Portugal may direct, in discharge of claims for Portuguese ships detained by British cruizers previous to the first day of June 1814, upon the alleged ground of carrying on an illicit traffic in slaves. 2. That the said sum shall be considered to be in full discharge of all claims arising out of captures made previous to the first day of June 1814, His Britannic Majesty renouncing any interference whatever in the disposal of this money. 3. The present Convention shall be ratified, and the ratifications shall be exchanged in the space of five months, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed it, and have thereunto affixed the seals of their arms. Done at Vienna this 21st day of January 1815. Signed CASTLEREAGH, (L. S.) CONDE DE PALMELLA, (L S.) ANTONIO DE SALDANHA DA GAMA, (L. S.) enna, the 22d January 1815. In the Name of the Most Holy and Undivided Trinity. His Royal High- Treaty between ness the Prince Regent of Portugal having, by the 10th Article of the Great Britain Treaty of Alliance, concluded at Rio de Janeiro, on the 19th February 1810, and Portugal. declared His determination to co-operate with His Britannic Majesty in the Signed at Vicause of humanity and justice, by adopting the most efficacious means for bringing about a gradual Abolition of the Slave Trade; and His Royal Highness, in pursuance of His said Declaration, and desiring to effectuate, in concert with His Britannic Majesty and the other Powers of Europe, who have been induced to assist in this benevolent object, an immediate Abolition of the said Traffic upon the parts of the coast of Africa which are situated to the northward of the Line: His Britannic Majesty and His Royal Highness the Prince Regent of Portugal, equally animated by a sincere desire to accelerate the moment when the blessings of peaceful industry and an innocent commerce may be encouraged throughout this extensive portion of the Continent of Africa, by its being delivered from the evils of the Slave Trade, have agreed to enter into a Treaty for the said purpose, and have accordingly named as their Plenipotentiaries; viz. His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart Viscount Castlereagh, K. G. His said Majesty's Principal Secretary of State for Foreign Affairs, and His Plenipotentiary at the Congress of Vienna, &c. &c. &c.; and His Royal Highness the Prince Regent of Portugal, the Most Illustrious and Most Excellent Dom Pedro de Sousa Holstein, Count of Palmella, a Member of His Royal Highness's Council, &c. &c. &c. ; the Most Illustrious and Most Excellent Anthony de Saldanha da Gama, à Member of His Royal Highness's Council and of His Council of Finance, &c. &c. &c.; and the Most Illustrious and Most Excellent Dom Joachim Lobo da Silveira, a Member of His Royal Highness's Council, &c. &c. &c. His Royal Highness's Plenipotentiaries at the Congress of Vienna; who, having mutually exchanged their full Powers, found in good and due form, Vol. I. Ch. II. 1. That from and after the ratification of the present Treaty, and the PORTUGAL. publication thereof, it shall not be lawful for any of the subjects of the Crown of Portugal to purchase Slaves, or to carry on the Slave Trade, on any part of the coast of Africa to the northward of the Equator, upon any pretext, or in any manner whatsoever: Provided, nevertheless, that the said provision shall not extend to any ship or ships having cleared out from the ports of Brazil, previous to the publication of such ratification; and provided the voyage, in which such ship or ships are engaged, shall not be protracted beyond six months after such publication as aforesaid. 2. His Royal Highness the Prince Regent of Portugal hereby agrees, and binds Himself to adopt, in concert with His Britannic Majesty, such measures as may best conduce to the effectual execution of the preceding engagement, according to its true intent and meaning; and His Britannic Majesty engages, in concert with His Royal Highness, to give such orders as may effectually prevent any interruption being given to Portuguese ships resorting to the actual Dominions of the Crown of Portugal, or to the Territories which are claimed in the said Treaty of Alliance, as belonging to the said Crown of Portugal, to the southward of the Line, for the purposes of trading in Slaves, as aforesaid, during such further period as the same may be permitted to be carried on by the laws of Portugal, and under the Treaties subsisting between the Two Crowns. 3. The Treaty of Alliance concluded at Rio de Janeiro, on the 19th February 1810, being founded on circumstances of a temporary nature, which have happily ceased to exist, the said Treaty is hereby declared to be void in all its parts, and of no effect; without prejudice, however, to the ancient Treaties of Alliance, Friendship and Guarantee, which have so long and so happily subsisted between the Two Crowns, and which are hereby renewed by the high Contracting Parties, and acknowledged to be of full force and effect. 4. The high Contracting Parties reserve to themselves, and engage to determine by a separate Treaty, the period at which the Trade in Slaves shall universally cease, and be prohibited throughout the entire Dominions of Portugal; the Prince Regent of Portugal hereby renewing His former declaration and engagement, that, during the interval which is to elapse before such general and final abolition shall take effect, it shall not be lawful for the subjects of Portugal to purchase or trade in Slaves, upon any parts of the Coast of Africa, except to the southward of the Line, as specified in the second Article of this Treaty; nor to engage in the same, or to permit their flag to be used, except for the purpose of supplying the transatlantic possessions belonging to the Crown of Portugal. 5. His Britannic Majesty hereby agrees to remit, from the date at which the ratification mentioned in the 1st Article shall be promulgated, such further payments as may then remain due and payable upon the loan of £600,000, made in London for the service of Portugal, in the year 1809, in consequence of a Convention signed on the 21st of April of the same year; which Convention, under the conditions specified as aforesaid, is hereby declared to be void and of no effect. 6. The present Treaty shall be ratified, and the Ratifications shall be exchanged at Rio de Janeiro in the space of five months, or sooner, if possible. In witness whereof, the respective Plenipotentiaries have signed it, and have thereunto affixed the seals of their arms. Done at Vienna, this 22d of January 1815. Signed CASTLEREAGH, (L.S.) CONDE DE PALMELLA, (L.S.) ANTONIO DE SALDANHA DA GAMA, (L. S.) |