ART. 988. The contracting parties agree, that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to time, lawfully imported into the United States in their own vessels, may be also imported in vessels of the said Free Hanseatic republics of Lubec, Bremen, and Hamburg, and that no higher or other duties upon the tonnage or cargo of the vessel, shall be levied or collected, whether the importation be made in vessels of the United States, or of either of the said Hanseatic republics. And, in like manner, that whatever kind of produce, manufacture, or merchandise of any foreign country, can be, from time to time, lawfully imported into either of the said Hanseatic republics, in its own vessels, may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage or cargo of the vessel, shall be levied or collected, whether the importation be made in vessels of the one party, or of the other. And they further agree, that whatever may be lawfully exported, or re-exported, by one party in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other party. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the one party, or of the other. Nor shall higher, or other charges of any kind, be imposed in the ports of the one party, on vessels of the other, than are, or shall be, payable in the same ports by national vessels.(1) 989. No higher or other duties shall be imposed on the importation, into the United States, of any article, the produce or manufacture of the Free Hanseatic republics of Lubeck, Bremen, and Hamburg; and no higher or other duties shall be imposed on the importation, into either of the said republics, of any article, the produce or manufacture of the United States, than are, or shall be, payable on the like article, being the produce or manufacture of any other foreign country; nor shall any other, or higher duties or charges, be imposed by either party on the exportation of any articles to the United States, or to the Free Hanseatic republics of Lubeck, Bremen, or Hamburg, respectively, than such as are, or shall be, payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the importation or exportation of any article, the (1) Treaty 20th December, 1827, Art. 1. ⚫ Articles 6, 7, 8, and 9, are not given here, being similar to the Articles of the treaty with Colombia, referred to in the syllabus. produce or manufacture of the United States, or of the Free Hanseatic republics of Lubeck, Bremen, or Hamburg, to, or from, the ports of the United States, or to, or from, the ports of the other party, which shall not equally extend to all other nations.(1) 990. No priority or preference shall be given, directly or indirectly, by any or either of the contracting parties, nor by any company, corporation, or agent, acting on their behalf, or under their authority, in the purchase of any article, the growth, produce, or manufacture of their states, respectively imported into the other, on account of, or in reference to, the character of the vessel, whether it be of the one party or of the other, in which such article was imported; it being the true intent and meaning of the contracting parties, that no distinction or difference whatever shall be made in this respect.(2) 991. In consideration of the limited extent of the territories of the republics of Lubeck, Bremen, and Hamburg, and of the intimate connexion of trade and navigation subsisting between these republics, it is hereby stipulated and agreed, that any vessel which shall be owned exclusively by a citizen or citizens of any or either of them, and of which the master shall also be a citizen of any or either of them, and provided that three-fourths of the crew shall be citizens or subjects of any or either of the said republics, or of any or either of the states of the confederation of Germany, such vessel, so owned and navigated, shall, for all the purposes of this convention, be taken to be, and considered as, a vessel belonging to Lubeck, Bremen, or Hamburg.(3) Any vessel, together with her cargo, belonging to either of the Free Hanseatic republics of Lubeck, Bremen, or Hamburg, and coming from either of the said ports to the United States, shall for all the purposes of this convention, be deemed to have cleared from the republic to which such vessel belong; although, in fact, it may not have been the one from which she departed; and any vessel of the United States, and her cargo, trading to the ports of Lubeck, Bremen, or Hamburg, directly, or in succession, shall, for the like purposes, be on the footing of a Hanseatic vessel, and her cargo, making the same voyage.(4) 992. The present convention shall be in force for the term of twelve years from the date hereof: and further, until the end of twelve months after the government of the United States, on the one part, or the Free Hanseatic republics of Lubec, Bremen, or Hamburg, or either of them, on the other part, shall have given notice of their intention to terminate the same; each of the said contracting parties reserving to itself the right of giving such notice to the other, at the end of the said term of twelve years; and it is hereby agreed between them, that, at the expiration of twelve months after such notice shall have been received by either of the parties from the other, this convention, and all the provisions thereof, shall, altogether, cease and determine, as far as regards the states giving and receiving such notice; it being always understood and agreed, that, if one or more of the Hanseatic republics aforesaid, shall, at the expiration of twelve years from the date hereof, give or receive notice of the proposed termination of this convention, it shall nevertheless, remain in full force and operation, as far as regards the remaining Hanseatic republics or republic, which may not have given or received such notice.(5) (1) Treaty 20th Dec. 1827, Art. 2. (2) Ibid. Art. 3. (3) Ibid. Art. 4. (4) Ibid. art. 5. The consuls and vice consuls may cause to be arrested the sailors, being part of the crews of the vessels of their respective countries, who shall have deserted from the said vessels, in order to send them back and transport them out of the country. For which purpose, the said consuls and vice consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters, in writing, proving by an exhibition of the registers of the said vessels, or ship's roll, or other official document, that those men were part of said crews; and on this demand being so proved, (saving, however, when the contrary is proved,) the delivery shall not be refused; and there shall be given all aid and assistance to the said consuls and vice consuls, for the search, seizure, and arrest of the said deserters, who shall even be detained and kept in the prisons of the country at their request and expense, until they shall have found opportunity of sending them back. But, if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. It is understood, however, that if the deserter should be found to have committed any crime or offence, 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.(1) ART. 993. There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. The inhabitants of their respective states shall mutually have liberty to enter the ports, places, and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their commercial affairs; and they shall enjoy, to that effect, the same security, protection and privileges as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing.(2) 994. Austrian vessels arriving, either laden or in ballast, in the ports of the United States of America; and, reciprocally, vessels of the United States arriving, either laden, or in ballast, in the ports of the dominions of Austria, 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 (1) Additional Art. 4th June, 1828. (2) Treaty 27th Aug. 1829, Art. 1. (3) Ibid. Art. 2. charges, as well as to the fees and 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.(1) 995. All kind of merchandise and articles of commerce, either the produce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported into the ports of the domi nions of Austria, in Austrian vessels, may also be so imported 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 the same merchandise or produce had been im ported in Austrian vessels. And, reciprocally, all kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the dominions of Austria, or of any other country, which may be lawfully imported into the ports of the United States, in vessels of the said states, may also be so imported in Austrian vessels, 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 the same merchandise or produce had been imported in vessels of the United States of America.(2) To prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the two preceding articles, are, to their full extent, applicable to Austrian vessels and their cargoes, arriving in the ports of the United States of America; and, reciprocally, to vessels of the said states and their cargoes arriving in the ports of the dominions of Aus tria, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country.(3) 996. No higher or other duties shall be imposed on the importation into the United States, of any article the produce or manufacture of the dominions of Austria; and no higher or other duties shall be imposed on the importation into the dominions of Austria, of any article the produce or manufacture of the United States, than are, or shall be payable on the like article, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States, or of the dominions of Austria, to or from the ports of the United States, or to or from the ports of the dominions of Austria, which shall not equally extend to all other nations.(4) 997. All kinds of merchandise and articles of commerce, either the produce of the soil or of the industry of the United States of America, or of any other country, which may be lawfully exported, or re-exported from the ports of the said United States, in national vessels, may also be exported, or reexported therefrom in Austrian vessels, 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 the same merchandise or produce had been exported or re-exported, in vessels of the United States of America. An exact reciprocity shall be observed in the ports of the dominions of Austria, so that all kinds of merchandise and articles of commerce either the produce of the soil or of the industry of the said dominions of Austria, or of (1) Treaty 27th Aug. 1829, Art. 2. (2) Ibid. Art. 3. (3) Ibid. Art. 4. (4) Ibid. Art. 5. any other country, which may be lawfully exported or re-exported, from Austrian ports, in national vessels, may also be exported or re-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 the same merchandise or produce had been exported, or re-exported, in Austrian vessels. And the same bounties and drawbacks shall be allowed, whether such exportation or re-exportation be made in vessels of the one party, or of the other.(1) 998. It is expressly understood and agreed that the coastwise navigation of both the contracting parties, is altogether excepted from the operation of this treaty, and of every article thereof.(2) 999. No priority or preference shall be given, directly or indirectly, by either of the contracting parties, nor by any company, corporation or agent, acting on their behalf or under their authority, in the purchase of any article of commerce, lawfully imported, on account of, or in reference to the character of the vessel, whether it be of the one party or of the other, in which such article was imported, it being the true intent and meaning of the contracting parties that no distinction or difference whatever shall be made in this respect.(3) 1000. If either party shall hereafter grant to any other nation any particular favour in navigation or commerce, it shall immediately become common to the other party, freely, where it is freely granted to such other nation, or on yielding the same compensation, when the grant is conditional.(4) But 1001. The two contracting parties hereby reciprocally grant to each other, the liberty of having, each in the ports of the other, consuls, vice consuls, agents and commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favoured nations. if any such consuls shall exercise commerce, they shall be subjected to the same laws and usages to which the private individuals of their nation are subject in the same place, in respect of their commercial transactions.(5) 1002. The citizens or subjects of each party shall have power to dispose of their personal goods, within the jurisdiction of the other, by testament, donation, or otherwise; and their representatives, being citizens or subjects of the other party, shall succeed to their personal goods, whether by testament, or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues, taxes or charges, only, as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if any question should arise among several claimants, to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. But this article shall not derogate, in any manner, from the force of the laws already published, or hereafter to be published by his majesty the emperor of Austria, to prevent the emigration of his subjects.(6) 1003. The present treaty shall continue in force for ten years, counting |