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them and to increase the commercial intercourse of the two countries, have deemed it expedient to enter into a reciprocal commercial Agreement to that end; and they have appointed as their Plenipotentiaries for that purpose, to wit:

The President of the United States of America, the Honorable John A. Kasson, Special Commissioner Plenipotentiary: and

His Most Faithful Majesty, the Viscount de Santo-Thyrso, Ilis Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington:

Who, after an exchange of their respective full Powers, found to be in due and proper form, have agreed upon the following Articles:

ARTICLE I. Upon the following articles of commerce being the product of the soil or industry of Portugal or of the Azores and Madeira Islands imported into the United States the present rates of doty shall be reduced and shall hereafter be as follows, namely:

Upon argols, or crude tartar, or wine lees, five per centum ad valorem.

Upon still wines in casks, thirty-five cents per gallon; in bottles, per case of one dozen bottles, containing each not more than one quart and more than one pint, or twenty-four bottles containing not more than one pint, one dollar and twenty-five cents per case; and any excess beyond these quantities found in such bottles shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles.

Upon sparkling wines, in bottles containing not more than one quiart and more than one pint, six dollars per dozen; containing not more than one pint each and more than one-half pint, three dollars per dozen; containing one-half pint each or less, one dollar and fifty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles, on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon.

Upon brandies or other spirits manufactured or distilled from grain or other materials, whether the product of Portugal or of the Portuguese Possessions, one dollar and seventy-five cents per proof gallon.

Upon paintings in oil or water colours, pastels, pen and ink drawings and statuary, fifteen per centum ad valorem.

ARTICLE II. Reciprocally and in consideration of the preceding concessions, upon the following articles of commerce being the products of the soil or industry of the United States imported into the Kingdom of Portugal and the Azores and Madeira Islands, the rates of duty shall be as low as those accorded to any other country (Spain and Brazil being excepted from this provision) namely:

Tariff No. 325 Flour of cereals, except wheat.
Tariff No. 326 Maize in the grain
Tariff No. 327 Wheat in the grain.
Tariff No. 354 Lard and grease.
Tariff No. 97 ) v
Tariff No. 98

| Mineral oils, and their products not elsewhere speciTariff No. 99 fied in the Tariff.

Tariff No. 373. Reaping, mowing and thrashing machines, machines for compressing hay and straw, steam-plows, and separate parts of these machines and plow shares.

Tariff No. 386. Instruments, implements and tools for the arts, manufactories, agriculture, and gardening; and upon the following articles shall not exceed the rates hereinafter stated, namely:

Upon the foregoing machines and articles described in No.373, five reis per kilogram.

Upon the instruments, implements and tools described above in No. 386, for use in agriculture and gardening, sixty reis per kilogram.

Upon lighter mineral oils for illuminating purposes (density of 0.780 up to 0.820; point of ignition from 37° up to 499) forty-six reis per litre.

Upon medium mineral oils (density above 0.820 and up to 0.860; point of ignition from 50° up to 150°) fifty-two reis per kilogram.

Upon tar and mineral pitch ten reis per ton.


It is mutually understood that His Most Faithful Majesty's Government reserves the right, after three months prior notification to the United States Government of its intention to do so, to arrest the operation of this Convention in case the United States shall hereafter impose a duty upon crude cork or coffee being the product of Portugal or of the Portuguese Possessions, or shall give less favorable treatment to the following articles being the product of Portugal or of her Possessions than that accorded to the like articles being the product of any other country not under the control of the United States, namely: argols, crude tartar or wine lees; coffee; cacao; wines; brandies; cork, raw or manufactured; sardines and anchovies preserved; and fruits, not preserved; but in respect to fruits the United States reserves the

India Islands.


This Agreement shall be ratified by His Most Faithful Majesty so soon as possible, and upon official notice thereof the President of the United States shall issue his Proclamation giving full effect to the provisions of Article I of this Agreement. From and after the date of such Proclamation this Agreement shall be in full force and effect, and shall continue in force for the term of five years thereafter, and if not then denounced by either Party shall continue in force until one year from the time when one of the Parties shall have notified the other of its intention to arrest the operation thereof.

Done at Washington the twenty-second day of May in the year one thousand eight hundred and ninety-nine. JOHN A. KASSON

[SEAL.) Visconde de SANTO THYRSO (SEAL.”


1785. TREATY OF AMITY AND COMMERCE. Concluded September 10, 1785; ratified by the Congress of the United

States May 17, 1786; ratifications exchanged October, 1786. (Treaties and Conventions, 1889, p. 899.)

This treaty of twenty-seven articles expired by its own limitations October, 1796, but Articlė XII was revived by Article XII of the Treaty of 1828, page 646.

ARTICLE XII.— NEUTRALITY OF VESSELS. Article 12. If one of the contracting parties, should be engaged in war with any other power, the free intercourse & commerce of the Subjects or Citizens of the party remaining neuter with the belligerent powers shall not be interrupted. On the contrary in that case as in full peace, the Vessel of the neutral party may navigate freely to & from the ports and on the coasts of the belligerent parties, free Vessels making free goods insomuch that all things shall be adjudged free which shalĩ be on board any Vessel belonging to the neutral party, although such things belong to an enemy of the other: and the same freedomi shall be extended to persons who shall be on board a free Vessel, although they should be enemies to the other party unless they be soldiers in actual service of such enemy.

1799. TREATY OF AMITY AND COMMERCE. Concluded July 11, 1799; ratification advised by the Senate February

18, 1800; ratified by the President February 19, 1800; ratifications exchanged June 22, 1800; proclaimed November 4, 1800. (Treaties and Conventions, 1889, p. 907.)

This treaty expired by its own limitations June 22, 1810; but the provisions of the articles printed hereunder were revived by Article XII of the Treaty of May 1, 1828, p. 646.

ARTICLES. XIII. Detention of contraband goods. XX. Letters of marque. XIV. Ship’s papers in time of war. XXI. Rules in case of war with comXV. Visit to neutral ships.

mon enemy. XVI. Embargoes, seizures, etc.

XXII. Mutual protection of ships XVII. Restoration of neutral ships.

against common enemy. XVIII. Asylum to vessels in distress. XXIII. Protection in case of war. XIX. Prizes.

XXIV. Treatment of prisoners of war.

ARTICLE XIII. And in the same case of one of the Contracting Parties being engaged in War with any other Power, to prevent all the difficulties and mis

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understandings that usually arise respecting merchandize of contraband, such as arms, ammunition, and military stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of either Party, to the enemies of the other, shall be deemed contraband so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors,

the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current

vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.

All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, salt-petre, sulphur, cuirasses, pikes, swords, belts, cartouch-boxes, saddles and bridles, beyond the quantity, necessary for the use of the ship, or beyond that which every man serving on board the vessel or passenger ought to have, and in general whatever is comprised under the denominaton of arms and military stores, of what description so ever, shall be deemed objects of contraband.


To ensure to the vessels of the two Contracting Parties the advantage of being readily and certainly known in time of War, it is agreed that they shall be provided with the Sea-letters and Documents hereafter specified.

1. A Passport; expressing the name, the property, and the burthen of the vessel, as also the name and dwelling of the master, which Passport shall be made out in good and due form, shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the vessel be under convoy of one or more vessels of War, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination.

2. A Charter-party; that is to say, a contract passed for the freight of the whole vessel; or the bills of lading given for the cargo in detail.

3. The list of the ship's company, containing an indication by name and in detail of the persons composing the crew of the vessel.

These documents shall always be authenticated according to the forms established at the place from which the vessel shall have sailed.

As their production ought to be exacted only when one of the contracting Parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo and company, they shall not be deemed absolutely necessary on board, such vessels belonging to the neutral party, as shall have sailed from its ports before, or within three months after the Govern

ment shall have been informed of the State of War, in which the belligerent party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence as the tribunals authorised to judge of the case may deem sufficient.


And to prevent entirely all disorder and violence in such cases, it is stipulated that when the vessels of the neutral party, sailing without convoy, shall be met by any vessel of War, public or private, of the other party, such vessel of war shall not send more than two or three men in their boat on board the said neutral vessel, to examine her Passports and documents. And all persons belonging to any vessel of War, public or private, who shall molest or insult in any manner whatever the people, vessels or effects of the other party shall be responsible in their persons and property for damages and interest; sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned.


In times of War, or in cases of urgent necessity when either of the Contracting Parties, shall be obliged to lay a general embargo, either in all its ports, or in certain particular places, the vessels of the other party, shall be subject to this measure upon the same footing as those of the most favoured Nations, but without having the right to claim the exemption in their favour stipulated in the sixteenth Article of the former Treaty of 1785. But on the other hand the proprietors of the vessel, which shall have been detained whether for some military expedition, or for what other use soever, shall obtain from the Gor. ernment that shall have employed them an equitable indemnity as well as for the freight, as for the loss occasioned by the delay. And furthermore in all cases of seizure, detention or arrest, for debts contracted, or offences committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases.


If any vessel or effects of the neutral power, be taken by an enemy of the other, or by a pirate, and retaken by the Power at War, they shall be restored to the first proprietor upon the conditions hereafter stipulated, in the twenty-first article for cases of recapture.


If the citizens or subjects of either party in danger from tempests, pirates, enemies or other accident, shall take refuge with their vessels or effects, within the harbours or jurisdiction of the other, they shall be received, protected and treated with humanity and kindness, and shall be permitted to furnish themselves at reasonable prices, with all refreshments, provisions and other things necessary for their sustenance, health and accommodation, and for the repair of their vessels.

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