in order that the merchants of the United States may be indemnified for the losses inflicted upon them by Murat, by the depredations, seizures, confiscations, and destruction of their vessels and cargoes, during the years 1809, 1810, 1811, and 1812, and his Sicilian Majesty desiring thereby to strengthen with the said government the bonds of that harmony not hitherto disturb. ed; the said government of the United States, and his aforesaid majesty the king of the kingdom of the Two Sicilies, have, with one accord, resolved to come to an adjust ment; to effectuate which, they have respectively named and furnished with the necessary powers, viz. the said government of the United States, John Nelson, Esquire, a citizen of said States, and their chargé d'affaires near his majesty the king of the kingdom of the Two Sicilies; and his majesty, his excellency D. Antonio Maria Statello, prince of Cassaro, Marquis of Spaccaforno, Count Statello, &c. &c. &c., his said majesty's minister, secretary of state for foreign affairs, &c. &c., who, after the exchange of their respective full powers found in good and due form, have agreed to the following articles : ARTICLE I. His majesty the king of the king. dom of the Two Sicilies, with a view to satisfy the aforesaid reclamations, for the depredations, sequestrations, confiscations, and destruction of the vessels and cargoes of the merchants of the United States, (and for every expense of every kind whatsoever, incident to, or growing out of the same,) inflicted by Murat during the years 1809, 1810, 1811, and 1812, obliges himself to pay the sum of two million one hundred and fifteen thousand Neapolitan ducats to the government of the United States; seven thousand six hundred and se. venty-nine ducats, part thereof, to be applied to reimburse the said government for the expense incurred by it, in the transportation of American seamen from the kingdom of Naples, during the year 1810, and the residue to be distributed among the claimants by the said government of the United States, in such manner, and according to such rules as it may prescribe. ARTICLE II. The sum of two million one hundred and fifteen thousand Neapolitan ducats, agreed on in article the first, shall be paid in Naples, in nine equal instalments of two hundred and thirty-five thousand ducats, and with interest thereon at the rate of four per centum per annum, to be calculated from the date of the interchange of the ratification of this convention, until the whole sum shall be paid. The first instalment shall be payable twelve months after the exchange of the said ratifications, and the remaining instalments, with the interest successively, one year after another. The said payments shall be made in Naples into the hands of such person as shall be duly au thorized by the government of the United States to receive the same. Treaty of Navigation and Commerce between the United States of Ameri ca and his Majesty the Emperor of all the Russias, concluded at St. Petersburg on theth day of December, in the year of our Lord one thousand eight hundred and thirty-two. In the name of the most Holy and Indivisi ble Trinity: THE United States of America and his Majesty the Emperor of all the Russias, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and of extending and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of of a treaty of navigation and commerce: for which purpose, the President of the United States has conferred full powers on James Buchanan, their envoy extraordinary and minister plenipotentiary near his Imperial Majesty; and his Majesty the Emperor of all the Russias has conferred like powers on the Sieur Charles Robert Count de Nesselrode, his vice chancellor, Knight of the order of Russia, and of many others, &c.; and the said plenipo. tentiaries having exchanged their full powers, found in good and due form, have concluded and signed the following articles: ARTICLE I. 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 berty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs, and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning com merce. ARTICLE II. Russian 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 empire of Russia, 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. In regard to lighthouse duties, pilotage, and port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied upon vessels or commerce, in the name or to the profit of the government, the local authorities, or of any private establishments whatsoever, the high contracting parties shall reciprocally treat each other upon the footing of the most favoured nations with whom they have not trea. ties now actually in force, regulating the said duties and charges on the basis of an entire reciprocity. ARTICLE III. All kinds of merchandise and articles of commerce, which may be lawfully imported into the ports of the empire of Russia in Russian 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 establishment whatsoever, than if the same merchandise, or articles of commerce had been imported in Russian vessels. And reciprocally, ail kinds of merchandise and articles of commerce, which may be law. fully imported into the ports of the United States of America, in vessels of the said States, may, also, be so imported in Russian vessels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Gov. ernment, the local authorities, or of any private establishments what soever, than if the same merchan. dise or articles of commerce had been imported in vessels of the United States of America. ARTICLE IV. It is understood that the stipulations contained in the two preceding articles are, to their full extent, applicable to Russian 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 Empire of Russia, 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. ARTICLE V. All kinds of merchandise and articles of commerce, which may be lawfully exported from the ports of the United States of America in national vessels, may, also, be ex ported therefrom in Russian 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 articles of commerce had been exported in vessels of the United States of America. And reciprocally, all kinds of merchandise and articles of commerce, which may be lawfully exported from the ports of the Empire of Russia in national vessels, 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 pri. vate establishments whatsoever, than if the same merchandise or articles of commerce had been exported in Russian vessels. ARTICLE VI. No higher or other duties shall be imposed on the importation into the United States of any article the produce or manufacture of Russia; and no higher or other duties shall be imposed on the importation into the Empire of Russia of any arti cle 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 impo. sed on the importation or exportation of any article the produce or manufacture of the United States or of Russia, to or from the ports of the United States, or to or from the ports of the Russian Empire, which shall not equally extend to all other nations. ARTICLE VIII. The two contracting parties shall have the liberty of having in their respective ports, consuls, vice consuls, agents, and commissaries, of their own appointment, who shall enjoy the same privileges and pow. ers as those of the most favoured nations; but if any such consuls shall exercise commerce, they shall be submitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place. The consuls, vice consuls, and commercial agents, 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 authoritics, unless the conduct of the crews, or of the captain, should disturb the order or the tranquility 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 judg. ment 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 IX. The said consuls, vice consuls, and commercial agents, are author. ized to require the assistance of 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 shall claim them, in order to be de. tained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. of the other party, shall succeed to their said 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 will, paying to the profit of the respective governments such dues 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 of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as 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. And where, on the death of any person holding real estate, within the territories of one of the high contracting parties, such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who, by reason of alienage, may be incapable of holding it, he shall be allowed the time fixed by the laws of the country, and in case the laws of the country actually in force may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective Governments anyother dues than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases. But this article shall not derogate, in any manner, from the force of the laws already published, or which may hereafter be published, by his Majesty the Emperor of all the Russias, to prevent the emigration of his subjects. ARTICLE XI. 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. ARTICLE XII. effect shall extend, in like manner, The present treaty, of which the to the kingdom of Poland so far as the same may be applicable thereto, shall continue in force until the first day of January, in the year of our Lord one thousand eight hundred and thirty-nine; and if, one year before that day, one of the high contracting parties, shall not have announced to the other, by an official notification, its intention to arrest the operation thereof, this treaty shall remain obligatory one year beyond that day, and so on, until the expiration of the year which shall commence after the date of a similar notification. ARTICLE XIII. The present treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by his Majesty the Emperor of all the Russias, and the ratifications shall be exchanged in the city of Washington within the space of one year, or sooner if possible. In faith whereof, the respective plenipotentiaries have signed the present treaty, in duplicate, and af fixed thereto the seal of their arms. Done at St. Petersburg, the th December, in the year of Grace one thousand eight hundred and thirty. two. JAMES BUCHANAN. [L. S.] CHARLES COMTE DE NESSElrode. [L. S.] |
