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as above-mentioned, shall be formed by a line parallel to the windings of the coast, and which shall never exceed the distance of ten marine leagues therefrom. W. It is moreover agreed, that no establishment shall be formed by either of the two parties within the limits assigned by the two preceding articles to the possessions of the other: consequently, British subjects shall not form any establishmenteither upon the coast, or upon the border of the continent comprised within the limits of the Russian possessions, as designated in the two preceding articles; and, in like manner, no establishment shall be formed by Russian subjects beyond the said limits. VI. It is understood that the subjects of his Britannic Majesty, from whatever quarter they may arrive, whether from the ocean, or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams which, in their course towards the Pacific Ocean may cross the line of demarcation upon the line of coast described in article 3 of the present convention. VII. It is also understood, that, for the space of ten years from the signature of the present convention, the vessels of the two powers, or those belonging to their respective subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks on the coast mentioned in art. III, for the purposes of fishing and of trading with the natives. VIII. The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of
ten years from the date of the exchange of the ratification of the present convention. In the event of an extension of this term of ten years being granted to any other power, the like extension shall be granted also to Great Britain.
IX. Theabove-mentioned liberty of commerce shall not apply to the trade in spirituous liquors, in fire arms, or other arms, gunpowder or other warlike stores; the high contracting parties reciprocally engaging not to permit the abovementioned articles to be sold or delivered, in any manner whatever, to the natives of the country.
X. Every British or Russian vessel navigating the Pacific Ocean, which may be compelled by storms or by accident to take shelter in the ports of the respective parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and to put to sea again, without paying any other than port and light-house dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his merchandise in order to defray his expenses, he shall conform himself to the regulations and tariffs of the place where he may have landed.
XI. In every case of complaint on account of an infraction of the articles of the present convention, the civil and military authorities of the high contracting parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report of the matter to their respective courts, who engage to settle the same, in a friendly manner, and according to the principles of Justice.
XII. The present convention shall be ratified, and the ratifications shall be exchanged at London, within the space of six weeks, or sooner if possible. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at St. Petersburgh, the 16th (28th) day of February, in the year of our Lord 1825. STRATford CANNING. The Count DE NEsselrode. PierRE DE PoleTICA.
ENGLAND AND AMERICA. Opinion of the Emperor of Russia, with respect to the First Article of the Treaty of Ghent, entered into betneen Great Britain and the United States.
Having been requested by Great Britain and by the United States to pronounce an opinion as arbitrator, upon the differences which have arisen between those powers as to the interpretation of the first article of the treaty concluded between them at Ghent, December 24, 1814, the Emperor has examined into all the acts, statements, and notes, by which the respective plenipotentiaries have made known to the imperial department for foreign affairs the arguments which each party advances in support of his own view of the right interpretation of the said article. After having maturely weighed the observations brought forward by each party; considering that the British and American plenipotentiaries have demanded that the discussions should be brought to a close ; considering that the former, in his note of the 8th (20th) of October, 1821, and the latter, in
his note of the 4th (16th) of November following, have declared that it is upon the construction of the text of the Article, as it is noritten, that the arbitration is to be founded; and that neither of them have referred to the general principles of the law of nations and of maritime law, but as secondary considerations:— The Emperor is of opinion “that the question is only to be decided according to the literal and grammatical meaning of the first article of the treaty of Ghent.” With respect to the literal and grammatical meaning of the first article of the treaty of Ghent— considering that the paragraph, upon the meaning of which doubts have arisen, is couched in the following terms:— “All territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other public property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which in the course of the war may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored, and delivered to the proper authorities and persons to whom they respectively belong.” Considering that in this paragraph,
graph, the words “originally captured, and which shall remain therein upon the exchange of the ratification of this treaty,” form an incidental phrase, which can only grammatically refer to the substantives, or to the matters which precede; that thus the first article of the treaty of Ghent does not prohibit the contracting parties from carrying away from those places, for the restitution of which it stipulates, any public property but such as may have been originally captured therein, and nhich may have been actually there at the moment of the exchange of the ratifications; but prohibits the removal from the said places of any private property whatever. That, on the other hand, these two prohibitions are applicable only to the places the restitution of which is stipulated for in the article:— The Emperor is of opinion, “that the United States of America are entitled to claim from Great Britain a just indemnification for all private property which the British forces may have carried away, and as the question relates to slaves more especially, for all the slaves that the British forces may have carried away from the places and territories of which the treaty stipulates the restitution, in quitting these same places and territories. “That the United States are entitled to consider as having been so carried away, all such slaves as may have been transferred from the above-mentioned territories, to British vessels within the waters of the said territories, and who, for this reason, may not have been restored. “But that, if there should be
any American slaves who were carried away from territories of which the first article of the treaty of Ghent has not stipulated the restitution to the United States, the United States are not entitled to an indemnification for the said slaves.” The Emperor moreoverdeclares, that he is ready to exercise the office of a mediator, which has already been tendered to him by the two powers, in such negotiations as they may be obliged to enter into, in consequence of the arbitration they have requested from his Imperial Majesty. Done at St. Petersburgh, April 22, 1822. Treaty between Great Britain and Colombia.
Art. I. There shall be a last
ing, firm, and sincere alliance between the republic and people of Colombia, and the dominions and subjects of his Majesty the King of the United Kingdom of Great Britain and Ireland, his
heirs and successors. II. There shall be a reciprocal liberty of commerce between all the territories of Colombia and the territories of his Britannic Majesty in Europe. The citizens and subjects of the two countries respectively shall have liberty to go, freely and securely, with their ships and cargoes, to all those parts, ports, and rivers in the before-mentioned territories, where it is permitted or may be permitted for other foreigners to enter the same, and to remain and reside in any part of the said territories respectively: also to hire and occupy houses and warehouses for the purposes of their commerce: and generally the merchants and traders traders of each nation respectively shall enjoy the most complete protection and security in their commerce, always being subject to the laws and statutes of the two countries respectively. III. His Majesty the King of the United Kingdom of Great Britain and Ireland engages, furthermore, that the citizens of Colombia shall have the same liberty of commerce and navigation which has been stipulated in the foregoing article, in all his dominions situated out of Europe, as extensively as it is now permitted, or may hereafter be permitted, to any other nation. IV. No other or higher duties shall be imposed on the importation into the territories of Colombia of any articles the natural produce, productions, or manufactures of the dominions of his Britannic Majesty; nor shall other or higher duties be imposed on the importation into the territories of his Britannic Majesty, of any articles the natural produce, productions, or manufactures of Colombia, than what are paid, or may be paid, for similar articles the natural produce, productions, or manufactures of any other foreign country; nor shall other or higher duties or imposts be levied in the territories or dominions of any of the contracting parties, on the exportation of any articles for the territories or dominions of the other, than those which are paid, or may be paid, for the exportation of the like articles for any other foreign country: nor shall any prohibition be imposed on the importation or exportation of any articles the natural produce, productions, or manufactures of the dominions and territories of
Colombia, or of his Britannic Majesty, either for or from the said territories of Colombia, or for or from the said territories of his Britannic Majesty, that are not equally extended to all other na
tions. V. No other or higher duties or imposts shall be levied on account of tonnage, light-house dues, or port-fees, pratique, salvage in case of damage or shipwreck, or any other local expenses in any of the ports in the territories of his Britannic Majesty, on Colombian vessels, than the payments in the same ports by British vessels, nor in the ports of Colombia, on British vessels, than the payments in the same by Colombian vessels. VI. The same duties shall he paid on the importation into the dominions of his Britannic Majesty of any articles the natural produce, productions, or manufactures of Colombia, whether that importation be made in British or Colombian vessels; and the same duties shall be paid on the importation into the territories of Colombia of any articles the natural produce, productions, or manufactures of the dominions of his Britannic Majesty, whether that importation be made in Colombian or British vessels. The same duties shall be paid, and the same discount and bounties granted, on the exportation of any articles the natural produce, productions, or manufactures of Colombia for the dominions of his Britannic Majesty, whether that importation be made in British or Colombian vessels; and the same duties shall be paid, and the same discount and bounties granted, on the exportation for Colombia, of any articles the natural produce, pro- ductions, ductions, or manufactures of the dominions of his Britannic Majesty, whether that exportation be made in Colombian or British vessels. VII. To avoid any misunderstanding with respect to the regulations which may respectively constitute a Colombian or British vessel, it is hereby agreed that all vessels built within the territories of Colombia, and belonging to a Colombian citizen or citizens, and whose captain and three-fourth parts of the mariners, at the least, are citizens of Colombia, except in such extreme cases as are otherwise especially provided for by law, shall be considered as Colombian vessels; and all vessels built within the dominions of his Britannic Majesty, and belonging to a British subject or subjects, and whose captain and three-fourth parts of the mariners, at the least, are British subjects, except in such extreme cases as are otherwise especially provided for by law, shall be considered as British vessels. • VIII. All merchants, commanders of vessels, and other citizens and subjects of the republic of Colombia and of his Britamic Majesty, shall have perfect liberty in all the territories of both powers respectively, to act for themselves in the management of their own affairs, or confide them to the management of whomsoever they may please, as broker, factor, agent, or interpreter, nor shall they be obliged to employ any other persons whatever for those purposes, nor to pay them any salary or remuneration, unless they wish so to employ them; and absolute liberty shall be given in
all cases to the purchaser and vender to contract and fix the price of any effects, merchandise, or manufactures, imported or exported from the territories of any of the two contracting parties, according as they shall themselves think proper. IX. In all that relates to the lading or unlading of vessels, the security of merchandise, manufactures, and effects, the inheritance of moveable goods, and the disposition of moveable property of all kinds and denominations, by sale, gift, exchange, or testament, or in any other manner whatever, as also with respect to the administration of justice, the citizens and subjects of the two contracting parties shall enjoy, in their respective territories and dominions, the same privileges, liberties, and rights, as the most favoured nation ; and there shall not be levied upon them on this account any higher imposts or duties than those that are paid, or . may be paid by the citizens or subjects of the powers in whose territories or dominions they may reside. They shall be exempt from all compulsory military service by sea or by land, and from all forced loans or exactions, or military requisitions; nor shall they be compelled to pay any ordinary contribution, greater than what may be paid by the citizens or subjects of either power, under any pretext whatever. X. Each of the two contracting parties shall be at liberty to appoint consuls for the protection of their commerce, to reside in the territories and dominions of the other party; but previous to any consul acting as such, he shall be