agreed to enter into negotiation for a new Treaty of Commerce and Navigation; and, to this effect, have appointed Plemipotentiaries, to wit; The President of the United States of America, John James Appleton, Chargé d'Affaires of the said States at the Court of His Majesty, the King of Sweden and Norway: and His Majesty the King of Sweden and Norway, the Sieur Gustave Count de Wetterstedt, his Minister of State and of Foreign Affairs, Knight Commander of his orders, Knight of the Orders of St. Andrew, St. Alexander Newsky, and St. Ann, of the first class, of Russia; Knight of the Order of the Red Eagle, of the first class, of Prussia; Grand Cross of the Order of Leopold, of Austria; one of the Eighteen of the Swedish Academy; who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles:

ARTICLE I.

The citizens and subjects of each of the two high contracting parties may, with all security for their persons, vessels, and cargoes, freely enter the ports, places, and rivers, of the territories of the other, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories; to rent and occupy houses and warehouses for their commerce; and they shall enjoy, generally, the most entire security and protection in their mercantile transactions, on condition of their submitting to the laws and ordinances of the respective countries.

ARTICLE II.

Swedish and Norwegian vessels, and those of the island of St. Bartholomew, arriving either laden or

ted States of America, from whatever place they may come, shall be treated on their entrance, during their stay, and at their departure, upon the same footing as national. vessels coming from the same place, with respect to the duties of tonnage, light houses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges of whatever kind or denomination, levied in the name or to the profit, of the government, the local authorities, or of any private establishment whatsoever.

And reciprocally, the vessels of the United States of America, arriving, either laden, or in ballast, in the ports of the kingdom of Sweden and Norway, from whatever place they may come, shall be treated on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light houses pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the government, the local authorities, or of any private establishment whatsoever.

ARTICLE III.

All that may be lawfully imported into the United States of America, in vessels of the said states, may also be thereinto imported in Swedish and Norwegian vessels, and in those of the island of St. Bartholomew, from whatever place they may come, without paying other or higher duties, or charges, of whatever kind or denomination, levied in the name, or to the profit, of the government, the local au

thorities, or of any private establishments whatsoever, than if imported in national vessels.

And reciprocally, all that may be lawfully imported into the king doms of Sweden and Norway, in Swedish and Norwegian vessels, or in those of the island of St. Bar. tholomew, may also be thereinto imported in vessels of the United States of America, from whatever place they may come, without pay. ing other or higher duties, or charges, of whatever kind or denomination, levied in the name, or to the profit, of the government, the local authorities, or of any private establishments whatsoever, than if imported in national vessels.

ARTICLE IV.

All that may be lawfully exported from the United States of Ame. rica in vessels of the said states, may also be exported therefrom in Swedish and Norwegian vessels, or in those of the island of St. Bartholomew, without paying other or higher duties, or charges, of whatever kind or denomination, levied in the name, or to the profit, of the government, the local authorities, or of any private establishments whatsoever, than if exported in national vessels.

And reciprocally, all that may be lawfully exported from the kingdoms of Sweden and Norway, in Swedish and Norwegian vessels, or in those of the island of St. Bar. tholomew, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties, or charges, of whatever kind or denomination, levied in the name, or to the profit, of the government, the local authorities, or of any private establishments whatsoever, than if exported in national vessels.

ARTICLE V.

The stipulations contained in the three preceding articles, are, to their full extent, applicable to the vessels of the United States of America, proceeding, either laden, or not laden, to the colony of St. Bartholomew, in the West Indies, whether from the ports of the kingdoms of Sweden and Norway, or from any other place whatsoever; or proceeding from said colony, either laden or not laden, whether bound for Sweden or Norway, or for any other place whatsoever.

ARTICLE VI.

It is expressly understood, that the foregoing second, third, and fourth articles, are not applicable to the coastwise navigation from one port of the United States of America, to another port of the said states; nor to the navigation from one port of the kingdoms of Sweden or of Norway to another, nor to that between the two latter countries; which navigation each of the two high contracting parties reserves to itself.

ARTICLE VII.

Each of the two high contracting parties engages not to grant, in its purchases, or in those which might be made by companies or agents, acting in its name, or under its authority, any preference to importations made in its own vessels, or in those of a third power, over those made in the vessels of the other contracting party.

ARTICLE VIII.

The two high contracting parties engage not to impose upon the navigation between their respective territories, in the vessels of either, any tonnage or other duties of any kind or denomination, which shall be higher, or other than those which shall be imposed on every

other navigation, except that which they have reserved to themselves, respectively, by the sixth article of the present treaty.

ARTICLE IX.

There shall not be established, in the United States of America, upon the products of the soil or industry of the kingdoms of Sweden and Norway, or of the island of St. Bartholomews, any prohibition or restriction of importation or exportation, or any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties, shall, likewise, be established upon articles of like nature, the growth of any other country.

And reciprocally, there shall not be established in the kingdoms of Sweden and Norway, nor in the island of St. Bartholomews, on the products of the soil or industry of the United States of America, any prohibition or restrictions of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties, be likewise established upon articles of like nature, the growth of the island of St. Bartholomews, or of any other place, in case such importation be made into, or from, the kingdoms of Sweden and Nor. way; or of the kingdoms of Sweden and Norway, or of any other place, in case such importation or exportation be made into, or from, the island of St. Bartholomews.

ARTICLE X.

All privileges of transit, and all bounties and drawbacks which may be allowed within the territories of one of the high contracting parties, upon the importation or exportation of any article whatsoever, shall, likewise, be allowed on the articles of like nature, the products of the

soil or industry of the other contracting party, and on the importations and exportations made in its vessels.

ARTICLE XI.

The citizens or subjects of one of the high contracting parties, arriving with their vessels on the coasts belonging to the other, but not wishing to enter the port, or after having entered therein, not wishing to unload any part of their cargo, shall be at liberty to depart and continue their voyage, without paying any other duties, imposts, or charges, whatsoever, for the vessel and cargo, than those of pi lotage, wharfage, and for the support of light-houses, when such duties shall be levied on national vessels in similar cases. It is un. derstood, however, that they shall always conform to such regulations and ordinances concerning navigation, and the places and ports which they may enter, as are, or shall be, in force with regard to national vessels; and that the custom-house officers shall be permitted to visit them, to remain on board, and to take all such precautions as may be necessary to prevent all unlaw. ful commerce, as long as the vessels shall remain within the limits of their jurisdiction.

ARTICLE XII.

It is further agreed, that the vessels of one of the high contracting parties, having entered into the ports of the other, will be permitted to confine themselves to unlading such part only of their car. goes, as the captain or owner may wish, and that they may freely depart with the remainder, without paying any duties, imposts, or charges, whatsoever, except for that part which shall have been landed, and which shall be marked upon,

and erased from, the manifest exhibiting the enumeration of the articles with which the vessel was laden; which manifest shall be presented entire at the customhouse of the place where the ves. sel shall have entered. Nothing shall be paid on that part of the cargo which the vessel shall carry away, and with which it may continue its voyage, to one, or several other ports of the same country, there to dispose of the remainder of its cargo, if composed of articles whose importation is permitted, Ion paying the duties chargeable upon it; or it may proceed to any other country. It is understood, however, that all duties, imposts, or charges whatsoever, which are, or may become chargeable upon the vessels themselves, must be paid at the first port where they shall break bulk, or unlade part of their cargoes; but that no duties, imposts, or charges, of the same des. cription, shall be demanded anew in the ports of the same country, which such vessels might, after. wards, wish to enter, unless na. tional vessels be, in similar cases, subject to some ulterior duties.

ARTICLE XIII.

Each of the high contracting parties grants to the other the privilege of appointing, in its commercial ports and places, consuls, vice consuls, and commercial agents, who shall enjoy the full protection, and receive every as. sistance necessary for the due exercise of their functions; but it is expressly declared, that, in case of illegal or improper conduct, with respect to the laws or government of the country in which said consuls, vice consuls, or commer. cial agents, shall reside, they may be prosecuted and punished con.

formably to the laws, and deprived of the exercise of their functions by the offended government, which shall acquaint the other with its motives for having thus acted; it being understood, however, that the archives and documents relative to the affairs of the consulate shall be exempt from all search, and shall be carefully preserved under the seals of the consuls, vice consuls, or commercial agents, and of the authority of the place where they reside.

The consuls, vice consuls, commercial agents, or the persons duly authorized to supply their places, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews, or of the captain, should disturb the order or tranquillity of the country; or the said consuls, vice consuls, or commercial agents, should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species of judgment, or arbitration, shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country.

ARTICLE XIV.

The said consuls, vice consuls, or commercial agents, are authorized to require the assistance of the local authorities for the arrest, detention, and imprisonment, of the deserters from the ships of war and merchant vessels of their country; and for this purpose, they shall apply to the competent tribu

hals, judges, and officers, and shall, in writing, demand said de. serters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other offi. cial documents, that such individuals formed part of the crews, and on this reclamation being thus substantiated, the surrender shall not be refused.

Such deserters, when arrested, shall be placed at the disposal of the said consuls, vice consuls, or commercial agents, and may be confined in the public prisons, at the request and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But, if not sent back within the space of two months, reckoning from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same

cause.

It is understood, however, that, if the deserter should be found to have committed any crime or of fence, his surrender may be delayed, until the tribunal before which the case shall be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect.

ARTICLE XV.

In case any vessel of one of the high contracting parties shall have been stranded or shipwrecked, or shall have suffered any other damage on the coasts of the dominions of the other, every aid and assistance shall be given to the persons shipwrecked or in danger, and passports shall be granted to them to return to their country. The shipwrecked vessels and merchandise, or their proceeds, if the same shall have been sold, shall be restored to their owners, or to

those entitled thereto, if claimed within a year and a day, upon paying such costs of salvage as would be paid by national vessels in the same circumstances; and the salvage companies shall not compel the acceptance of their services, except in the same cases, and after the same delays, as shall be granted to the captains and crews of national vessels. More. over, the respective governments will take care that these compa. nies do not commit any vexatious or arbitrary acts.

ARTICLE XVI.

It is agreed that vessels arriving directly from the United States of America, at a port within the dominions of his majesty the king of Sweden and Norway, or from the territories of his said majesty in Europe, at a port of the United States, and provided with a bill of health granted by an officer having competent power to that effect, at the port whence such vessel shall have sailed, setting forth that no malignant or contagious diseases prevailed in that port, shall be sub. jected to no other quarantine than such as may be necessary for the visit of the health officer of the port where such vessel shall have arrived; after which, said vessels shall be allowed immediately to enter and unload their cargoes; provided always, that there shall be on board no person who, during the voyage, shall have been attacked with any malignant or contagious disease; that such vessels shall not, during their passage, have communicated with any vessel liable, itself, to undergo a quarantine; and that the country whence they came shall not, at that time, be so far infected or suspected, that, before their arrival an