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A Convention of friendship, commerce, and navigation, between the United States of America, and the free Hanseatic Republics of Lubeck, Bremen, and Hamburg. The United States of America, on the one part, and the Republic and Free Hanseatic City of Lubeck, the Republic and Free Hanseatic City of Bremen, and the Republic and Free Hanseatic City of Hamburg, (each state for itself separately,) on the other part, being desirous to give greater facility to their commercial intercourse, and to place the privileges of their navigation on a basis of the most extended liberality, have resolved to fix, in a manner clear, distinct, and positive, the rules
which shall be observed between
the one and the other, by means of a convention of friendship, com. merce, and navigation.
For the attainment of this most
desirable object, the President of
the United States of America has conferred full powers on Henry Clay, their Secretary of State; and the senate of the Republic and free Hanseatic City of Lubeck, the senate of the Republic and free Hanseatic City of Bremen, and the senate of the Republic and free Hanseatic City of Hamburg, have conferred full powers on Vincent Rumpff, their Minister Plenipoten. tiary near the United State of Ame. rica, who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles:
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 ves
sels, may be also imported in vessels of the said free Hanseatic Republics of Lubeck, Bremen, and Hamburg, and that no higher or other duties upon the tonnage or cargo of the vessel, shall be levied tion be made in vessels of the Unior collected, whether the importated 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 Re
publics, 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 reexported in the vessels of the other party. And the same bounties, duties, and drawbacks, shall be al lowed 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.
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 Lu. beck, 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 manufac. ture of the United States, than are, or shall be, payable on the like article, being the produce or manu. facture of any other foreign coun. try; 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 produce or manufacture of the United States, or of the free Han. seatic 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.
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 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.
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 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.
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 purposes of this Convention, be deemed to have cleared from the republic to which such vessel be. longs; 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, Bre. men, or Hamburg, directly, or in succession, shall, for the like pur. poses, be on the footing of a Han scatic vessel, and her cargo, making the same voyage.
It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both parties, to manage, themselves, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consign
ment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; submitting themselves to the laws, decrees and usages there established, to which native citizens are subjected; they being, in all these cases, to be treated as citizens of the republic in which they reside, or at least to be placed on a footing with the citizens or subjects of the most favoured nation.
The citizens of each of the contracting parties shall have power to dispose of their personal goods, within the jurisdiction of the other, by sale, donation, testament, or otherwise; and their representa tives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are, shall be subject to pay in like cases and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the government of the respective
Both the contracting parties promise and engage, formally, to give their special protection to the
persons and property of the citi zens of each other, of all occupa. tions, who may be in the territories subject to the jurisdiction of the one or the other, transient, or dwelling therein, leaving open and free to them the tribunals of justice fo their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the country in which they may be; for which they may employ. in defence of their rights, such ad. vocates, solicitors, notaries, agents and factors, as they may judge proper, in all their trials at law and such citizens or agents shal have as free opportunity as native citizens to be present at the deci sions and sentences of the tribu nals, in all cases which may con cern them; and likewise at the taking of all examinations and evi. dence which may be exhibited ir the said trials.
The contracting parties, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy, frank, and equally friendly with all, engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately be. come common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
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
Lubeck, Bremen, or Hamburg, or either of them, on the other part, shall have given notice of their in. tention 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 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.
The present Convention being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof; and by the Senates of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, the ratifications shall be exchanged at Washington within nine months from the date hereof, or sooner, if possible.
In faith whereof, we, the plenipotentiaries of the contracting par. ties, have signed the present Convention, and have thereto affixed our seals.
Done, in quadruplicate, at the city of Washington, on the twentieth day of December, in the year
of our Lord one thousand eight hundred and twenty-seven, in the fifty-second year of the Indepen. dence of the United States of America. [L. S.] H. CLAY. [L. S.] V. Rumpff.
The said Convention, and the respective ratifications of the same, were exchanged at Washington on the second day of June, one thousand eight hundred and twentyeight, by Henry Clay, Secretary of State of the United States, and Vincent Rumpff, Minister Plenipotentiary of the free Hanseatic Republics of Lubeck, Bremen, and Hamburg, near the said United States, on the part of their respective governments.
An additional Article to the Convention of the 20th December, 1827, between the United States of America, and the Hanseatic Republics of Lubeck, Bremen, and Hamburg, concluded and signed, at Washington, on the 4th day of June, 1828.
The United States of America, and the Hanseatic Republics of Lubeck, Bremen, and Hamburg, wishing to favour their mutual commerce by affording, in their ports, every necessary assistance to their respective vessels, the undersigned Plenipotentiaries have further agreed upon the following additional article to the Convention of friendship, commerce, and naviga. tion, concluded at Washington on the twentieth day of December, 1827, between the contracting parties.
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, where 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 for the search, seizure, and arrest of the said de. serters, 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.
The present additional article
shall have the same force and value as if it were inserted, word for word, in the Convention signed at Washington on the twentieth day of December, 1827, and being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the Senates of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, the ratifica. tions shall be exchanged at Washington within nine months from the date hereof, or sooner, if possible.
In faith whereof, we, the undersigned, by virtue of our respective full powers, have signed the present additional article, and have thereto affixed our seals.