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stitute a fund to be employed under such regulations, and in such manner as the said Ships detained. Prince Regent of Portugal may direct, in discharge of claims for Portuguese ships detained by British cruizers previous to the 1st 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 inade previous to the 1st 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, When to be in the space of five months, or sooner if possible.
In witness whereof, the respective plenipotentiaries have signed it, and have there-
ANTONIO DE SALDANHA DA GAMA,
B. JOAQUIM LOBO DA SILVEIRA.
Treaty between Great Britain and Portugal, signed at Vienna, the 22d January, 1815,
in the English and Portuguese Languages. Article 1. That from and after the ratification of the present treaty, and the publi- Slave trade to cation thereof, it shall not be lawful for any of the subjects of the crown of Portugal the northward to purchase slaves, or to carry on the slave trade, on any part of the coast of Africa of equator. to the northward of the cquator, 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 ratitication ; 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 Slave trade to himself to adopt, in concert with His Britannic Majesty, such measures as may best the southward conduce to the effectual execution of the preceding engagement, according to its true of line. 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
3. The treaty of alliance concluded at Rio de Janeiro, on the 19th February, 1810, Treaty of being founded on circumstances of a temporary nature, which have bappily ceased to 19th Feb exist, the said treaty is hereby declared to be void in all its parts, and of no effect ; 1810. 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 When slave a separate treaty, the period at which the trade in slaves shall universally cease and be trade sball prohibited throughout the entire dominions of Portugal; the Prince Regent of Portugal noiversally hereby renewing his former declaration and engagement, that, during the interval cease. 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. (a)
6. The present treaty shall be ratified, and the ratifications shall be exchanged at When to be
ANTONIO DE SALDANHA DA GAMA,
B. JOAQUIM LOBO DA SILVEIRA.
Additional Article. Portuguese It is agreed, that in the event of any of the Portuguese settlers being desirous of
retiring from the settlements of the crown of Portugal on the coast of Africa to the turning from northward of the equator, with the negroes bona fide their domestics, to some other of porthward of the possessions of the crown of Portugal, the same shall not be deemed unlawful, pro
vided it does not take place on board a slave-trading vessel, and provided they be furo nished with proper passports and certificates, according to a form to be agreed on between the two governments.
The present additional article shall have the same force and effect as if it were in-
CONDE DE PALMELLA,
ANTONIO DE SALDANHA DA GAMA,
Rule 1. It shall be lawful for the consuls (a) appointed for His Majesty's subc. 126. 9 1. jects trading to, from, or in the Portuguese dominions in South America and their Duty on Bri- dependencies, and for any person duly authorized by them to recover and receive tish vessels, from masters of vessels belonging in the whole or in part to any of His Majesty's
subjects which may enter any of the places within or belonging to the Portuguese dominions in South America, and their dependencies, the following sums in lieu of the sums directed to be levied by the Portugal contribution act, to be employed in the pious, charitable, and public uses hereinafter mentioned ; that is to say, any sum of money in addition to the sums now collected by the said consul, or persons authorized by him for their support and maintenance, by virtue of Ilis Majesty's royal leiters
patent, as shall not, together with the said sums collected under the patent, exHow cargoes ceed in the aggregate one-half per cent. on the value of all their respective cargoes,
both inwards and outwards, laden or unladen, in any part of the places within the dominions valued.
aforesaid ; the value of such cargoes to be estimated in manner following ; that is to say, the value of the goods and effects composing the inward cargoes to be ascertained by the pauta or custom house valuation at the respective custom houses of the places within the said dominions in South America and their dependencies, at which such vessels may unlade ; and in cases where no valuation has been fixed, then by the current market prices, exclusive of the import duty ; the value of the goods and effects composing the outward cargoes to be estimated by the current marhet prices of the article composing the sanie at the period of shipment, exclusive of the export duties; and in case any ditference of opinion should arise as to the said market price, the same shall be determined and fixed by two indifferent British merchants residing on the place, one to be chosen and appointed by the said consuls, or persons, and the other by the master of the vessel or the consignee or shipper of the cargo ; and in case the two persons so chosen shall not agree and award the same within seven days after such appointment, then such two persons shall choose a third person, being also a British merchant residing on the place,
who shall decide and determine the said current market price within the space of three Limitation of days after his appointment, unless it shall be otherwise niutually agreed between the said duty. consuls or persons, and the consignee or slipper of the cargo ; and such sum shall be
paid in either case as shall be agrecable to this act; and from all masters of all vessels as aforesaid which may enter any of the said places within the Portuguese dominions in South America, or their dependencies aforesaid, the duty of one half per cent. on whose cargoes, including the sums now collected by the said consuls, by viriue of His Majesty's royal letters patent, shall not amount together therewith to 100 reis per ton burthen, as per register of such vessels, any sum of money in addition thereto, as shall not together there with exceed in the aggregate 100 reis per ton burthen as per register
of such vessel. Diamonds, Rule 2. Diamonds, specie, bullion, and precious stones of all kinds, shall not be Specie, &c.
liable to any duty under this act; but are expresssly excepted from all contribution \ 2.
charges. Manifests, Rule 3. All masters of British vessels trading to or from any of the places in the
Portuguese dominions in South America and their dependencies aforesaid, and unloading or delivering the vessel, or any of the cargo there, shall, within 48 hours after the arrival of such vessel, deliver to the consuls or persons authorized by them for that purpose, a true manifest in writing upon oath, specifying the particulars of the
(a) The words in the original throughout this act are " consul general and consuls for the time being.”
whole cargo of such vessel, so to be unloaded or delivered, or of such part thereof as 54 Geo. 3. shall be uploaded or delivered there, and to whom consigned ; and likewise, 24 hours c. 126. before the said masters require the outward clearances or passports for their said vessels, they shall deliver to the consuls or persons, a true manifest in writing upon oath, specifying the particulars of the whole cargo of such vessel laden there, or of Oath. such part thereof as shall have been laden or received on board such vessel in the said place, which oaths the said consuls or persons are hereby empowered and required to administer gratis upon request.
Rule 4. All bills of lading of such vessels shall specify to pay the said money accord- Bills of Ladingly, under the denomination of “ Contribution as per Act oj Parliament,” or to that ing, ý 4. effect; and the persons paying the same shall be reimbursed by the persons to whom the said goods shall be consigned or who shall receive the same, or by their respective freighters ; and in case the master of such vessel shall neglect to specify the payment of the said moneys in the bills of lading, he shail be answerable for the same.
Rule 5. The consuls within the Portuguese dominions in South America and their Clearances, dependencies, or the persons authorized by them, shall detain the clearances out- $ 5. ward, and all other papers of all such British vessels, and not deliver any dispatch or passport for any such vessel until payment be made as required ; and in case any master of such vessel, in order to avoid the payment of the said money, shall at any time think proper to depart without his said clearances outwards, in such case the said consuls shall, upon the return of the said master to any port of His Majesty's dominions, have a just action at law against him for all the money which by this act ought to have been paid.
Rule 6. All persons in the Portuguese dominions in South America and their depen- Exemption dencies liable to pay the duties on freight and tonnage in pursuance of the act before from otber mentioned commonly called The Portugal Contribution Act, for the purposes aforesaid rates, 9 6. shall, after payment made of the suns required by this act from time to time to be paid as aforesaid, be exempted and discharged from payment of the said duties for the future.
Rule 7. All money to be raised or received by authority of this act, applicable to the Pious, legal, purposes of the said contribution fund, shall be applied in the several places within the and charitable said Portuguese dominions and their dependencies in South America to all or any of uses, $ 7. the following purposes ; that is to say, to the support and subsistence of a minister of the Established Church of England to pray, preach, and exercise his ministerial functions there ; to the salary of a judge conservator and of such officers of his court as may be deemed necessary by the majority of the British resident merchants established on the place convened, assembled, and presided as herein directed ; to the expenses of an hospital and medical assistants, to the relief of shipwrecked mariners and distressed persons, His Majesty's subjects; and to such other pious, charitable, and public uses as shall be ordered by the majority of resident British merchants established on the place, duly convened, assembled, and presided, by the consuls for the time being wi hin the said Portuguese dominions in South America, and their dependencies, or by the persons authorized by them respec:ively for that purpose.
Rule 8. The consuls in the said Portuguese dominions in South America and their de- Mones colpendencies, or the persons authorized by them respectively, shall pay over at least once lected to be in every three months to the treasurer of the said contribution fund, all such sums of paid over, & s. money as they may receive under this act, applicable to the purposes of the said fund, and for which payments the receipts of the said treasurer shall be sufficient discharges.
Rule 9. The said consuls and persons shall summon in each place within the said Annual meeto dominions and their dependencies, some time in the month of January of each year, ing, $ 9. a general meeting or assembly of the British merchants residing and established in such place, at wlich meetings or assemblies the said consuls or persons shall preside, the majority of which meeting shall have power to make such bye laws and regula- Bye Lawe. tions for the good management and distribution of the said contribution fund, and for its due application to the purposes herein mentioned as may be deemed necessary, shall elect a treasurer for the said fund during the ensuing year, and generally order and determine all matters and things relating to the premises.
TITLE LXXII.-AZORES OR MADEIRA. Rule 1. Any oranges or lemons, the produce of the Azores or the Madeiras, 57 Geo. 9. may be shipped and laden there for exportation direct to any of the ports of the c. 89. British colonies in North America, and may be imported into the said ports in any British-built vessel owned, registered, and navigated according to law.
51 Geo. 3. c. 97. ( 2.
south of Cape Finisterre, may be shipped and laden in any place of Europe Fruit, wine, south of Cape Finisterre, for exportation, direct to any of the several ports oil, salt, or
hereinafter mentioned ; that is to say, the port of Saint John's in the province of New Brunswick, St. John's in the island of Newfoundland, Quebec in the province of Canada, Sydney in the island of Cape Breton, Halifax and Shelburn in the province of Nova Scotia, and Charlotte Town in Prince Edward's Island, all in North America, on board of any British vessel owned, navigated, and registered according to law, which shall have arrived at any place in Europe south of Cape Finisterre, with articles of the growth or produce of the said colonies, or with fish taken and cured by His Majesty's subjects carrying on the fisheries from any of the said colonies, or from any part of the United Kingdom, or with any of the goods hereinafter mentioned from the province of Canada, whether such goods shall be the growth or produce of the province of Canada, or shall have been brought into the said province
by land or inland navigation. Duties, $ 3. Rule 2. The articles aforesaid, the produce of any part of Europe south
of Cape Finisterre, shall, before the importation thereof into any of the several ports before enumerated, be subject to the payment of such duties as goods of the like denomination are subject to, upon being imported into any
of the said several ports from Great Britain, and no other or higher duties. Nova Scotia,
Rule 3. The merchant or other person exporting any cargo from any port
in the provinces of Nova Scotia or of New Brunswick, for any port of Brunswick, Europe south of Cape Finisterre, under this act, shall make oath at the port
of shipment in those provinces before the chief officer of customs at such port, or before the naval officer in command at such port, that the cargo so shipped is the growth and produce of the said provinces, or the produce of the British fisheries in North America, really and bona fide taken and cured by His Majesty's subjects carrying on the said fisheries from some of the said colonies, and such officer of customs or naval officer at such port of shipment shall certify such oath under his hand, which certificate shall be produced by the master of the vessel on board of which any such cargo is shipped, on his arrival at the port in Europe within the limits aforesaid to which such cargo shall be consigned; or to which such vessel shall go for the delivery of the cargo; and the master of such vessel shall make oath before the British consul there resident, or if there be no British consul there resident, then before two known British inerchants there resident, that the certificate so produced was the certificate of the officer of customs or naval officer whose name
it bears, and was duly signed by him. Canada, $ 5. Rule 4. It shall be lawful to export from Canada, in a British-built ship,
owned, navigated, and registered according to law, into any port of Europe within the limits aforesaid, the several articles hereinafter mentioned, without any oath being required of their being the growth or produce of the said province, or any certificate being required of the country from whence they caine; that is to say, wheat, flour, peas, beans, oats, barley, Indian corn, rye, white oak staves and heading dressed or undressed, hoops, pine planks and boards ; and the master of any such British-built vessel laden with any of the said articles, and exporting the same from Canada to any port of Europe, within the limits aforesaid, shall only be required to produce a certificate from the chief officer of customs, or the naval officer in command at Quebec, that the said articles were either the growth of, or brought into Canada conformably to the regulations established by law in the said province (if any) by land or inland navigation, from countries bordering thereon, and which certificate such officer of customs or naval officer is hereby authorized and required to grant upon satisfactory proof being made upon oath or otherwise, and the
authenticity of such certificate shall be sworn to in manner aforesaid, by the 51 Geo. 3. master of such vessel at the port of delivery in Europe, within the aforesaid c. 97. limits.
Rule 5. Before the shipment on board any such British-built vessel, of Fish from any pickled fish, or dry fish, for the purpose of exportation from Canada, Canada, $ 6. to any port of Europe within the limits aforesaid, the person in whose possession the same has continued from the time of its being landed from the fishing vessel employed in the taking it, until the same shall be shipped for exportation, shall make oath before the chief officer of customs, or the naval officer in comunand at Quebec, that the same was the produce of the British American fisheries, really and bonâ fide taken and cured by His Majesty's subjects carrying on the said fisheries from some of the said colonies : and on such oath being taken at Quebec, the said officer of customs or naval officer shall grant a certificale thereof signed with his hand, which certificate only the master of such vessel shall be required to produce at the port of delivery in Europe within the limits aforesaid, and shall make oath of the authenticity of such certificate in manner aforesaid.
Rule 6. It shall be lawful for any of His Majesty's subjects to ship in any 52 Geo. s. of His Majesty's sugar plantations in America, any sugar, coffee, or cocoa, c. 98. $ 1. being of the growth and produce of any such plantation, and to export the Sugar, coffee, same direct to any port in Europe to the southward of Cape Finisterre ; and to import into the said plantations any sort of corn or grain direct from any Corn and such ports in Europe, or from any place on the coast of Africa to the north- grain. ward of the 30th degree of north latitude, in such vessels, and under such licences, entries, securities, regulations, penalties, and forfeitures as are hereinafter particularly described for that purpose.
Rule 7. No sugar, coffee, or cocoa shall be shipped or laden in any of the How sugar, said plantations for the purpose of being carried to a port in Europe, to the &c. may be southward of Cape Finisterre, except in British-built ships, owned, navigated, plantations, and registered according to law, nor unless a licence shall have been first laken out for that purpose under the hands and seals of the collector and controller of the port at which such sugar, coffee, or cocoa, is intended to be shipped or laden, ihe form of which licence shall be settled under the direction of the Licence and commissioners of customs in England, subject to the regulations hereafter- regulations. mentioned : that is to say, that notice be first given in writing by the master, or by one or more owner or owners, of such vessel, to the collector and controller of such port, of the intention of such master or owner or owners, that such vessel'shall, when laden, proceed direct to some port in Europe to the south ward of Cape Finisterre, and export from thence, or from some place on the coast of Africa, to the northward of the 30th degree of north latitude, corn or grain to be carried direct to the plantation from which such vessel shall have sailed, and the person intending to ship such sugar, coffee, or cocoa, shall then make oath before the collector and controller of the said port, that it is his full intention and resolution to load such vessel with sugar, coffee, or cocoa, for exportation direct to some port in Europe to the southward of Cape Finisterre, and to no other place whatever, and the master, or owner or owners of the vessel, together with the person so intending to ship the said coffee, shall thereupon enter into bond to the use of His Majesty, in treble the value of the articles, with condition that in case a licence shall be granted giving liberty 10 such vessel to lade and carry articles from His Majesty's sugar plantations to any port in Europe to the southward of Cape Finisterre, and to export from thence, or froin any place on the coast of Africa to the northward of the 30th degree of north latitude, any sort of corn or grain direct to the plantations as aforesaid, that such vessel shall proceed direct to some legal port of destination specifying the same, and that no goods whatever, except sugar, coffee, or cocoa shall be taken on board, unless it shall be for the necessary use of such vessel during her voyage, and also that before the expiration of iwo years from the date of such licence, the same shall' be delivered up to the collector or controller of customs of the port where the articles were shipped and laden, together with a certificate signed and sealed