his Royal Highness the Prince Regent of Portugal, the most illustrious and most Excellent Lord Dom Rodrigo de Sousa Couttinho, Count of Linhares, Lord of Payalvo, Commander of the Order of Christ, Grand Cross of the Orders of St Bento and of the Tower and Sword, one of his Royal Highness's Council of State, and his Principal Secretary of State for the Departments of Foreign Affairs and War; who, after having duly exchanged their respective full powers, and having found them in good and due form, have agreed upon the following articles. ART. I. There shall be a sincere and perpetual friendship between his Britannic Majesty and his Royal Highness the Prince Regent of Portugal, and between their heirs and successors; and there shall be a constant and universal peace and harmony between themselves, their heirs and successors, kingdoms, dominions, provinces, countries, subjects, and vassals, of whatsoever quality or condition they be, without exception of person or place; and the stipulations of this present article shall, under the favour of Almighty God, be permanent and perpetual. II. There shall be reciprocal liberty of commerce and navigation between and amongst the respective subjects of the two high contracting parties in all and several the territories the dominions of either. They may trade, travel, sojourn, or establish themselves in all and several the ports, cities, towns, countries, provinces, or places whatsoever belonging to each and either of the two high contracting parties, except and save in those from which all foreigncrs whatsoever are generally and positively excluded, the names of which places may be hereafter specified in a separate article of this treaty. Provided, however, that it be thoroughly understood, that any place belonging to either of the two high contracting parties, which may hereafter be opened to the commerce of the subjects of any other country, shall thereby be considered as equally opened, and upon correspondent terms, to the subjects of the other high contracting party, in the same manner as if it had been expressly stipulated by the present treaty. And his Bri tannic Majesty, and his Royal Highness the Prince Regent of Portugal, do hereby bind and engage themselves not to grant any favour, privilege, or immunity, in matters of commerce and navigation, to the subjects of any other state, which shall not be also at the same time respectively extended to the subjects of the high contracting parties, gratuitously, if the concession in favour of that other state should have been gratuitous, and on giving quam proxime, the same compensation or equivalent, in case the concession should have been conditional. III. The subjects of the two sovereigns respectively shall not pay in the ports, harbours, roads, cities, towns, or places whatsoever, belonging to either of them, any greater duties, taxes, or imposts, (under whatsoever names they may be designated or included) than those that are paid by the subjects of the most favoured nation; and the subjects of each of the high contracting parties shall enjoy within the dominions of the other the same rights, privileges, liberties, favours, immunities, or exemptions, in matters of commerce and navigation, that are granted, or may hereafter be granted, to the subjects of the most favoured nation. IV. His Britannic Majesty, and his Royal Highness the Prince Regent of Portugal, do stipulate and agree, that there shall be a perfect reciprocity on the subject of the du ties and imposts to be paid by the ships and vessels of the high contracting parties within the several ports, harbours, roads, and anchoring places belonging to each of them; to wit, that the ships and vessels of the subjects of his Britannic Majesty shall not pay any higher duties or imposts (under whatsoever name they be designated or implied) within the dominions of his Royal Highness the Prince Regent of Portugal, than the ships and vessels belonging to the subjects of his Royal Highness the Prince Regent of Portugal shall be bound to pay within the dominions of his Britannic Majesty, and vice versa. And this agreement and stipulation shall particularly and expressly extend to the payment of the duties known by the name of port charges, tonnage, and anchorage duties, which shall not in any case, or under any pretext, be greater for British ships and vessels within the dominions of his Royal Highness the Prince Regent of Portugal, than for Portugueze ships and vessels within the dominions of his Britannic Majesty, and vice versa. V. The two high contracting parties do also agree, that the same rates of bounties and drawbacks shall be established in their respective ports upon the exportation of goods and merchandizes, whether those goods or merchandizes be exported in British or in Portugueze ships and vessels; that is, that British ships and vessels shall enjoy the same favour in this respect within the dominions of his Royal Highness the Prince Regent of Portugal, that may be shown to Portugueze ships and vessels within the dominions of his Britannic Ma jesty, and vice versa. The two high contracting parties do also covenant and agree, that goods and merchandizes coming respectively from the ports of either of them, shall pay the same duties, whether imported in British or in Portugueze ships or vessels, or otherwise; that an increase of duties may be imposed and exacted upon goods and merchandizes coming into the ports of the dominions of his Royal Highness the Prince Regent of Portugal from those of his Britan nic Majesty in British ships, equivalent, and in exact proportion to any increase of duties that may hereafter be imposed upon goods and merchandizes coming into the ports of his Britannic Majesty from those of his Royal Highness the Prince Regent of Portugal, imported in Portugueze ships. And in order that this matter may be settled with due exactness, and that nothing may be left unde termined concerning it, it is agreed, that tables shall be drawn by each government respectively, specifying the difference of duties to be paid on goods and merchandizes so imported in British or Portugueze ships and vessels; and the said tables which shall be made applicable to all the ports within the respective dominions of each of the contracting parties) shall be declared and adjudged to form part of this present treaty. In order to avoid any differences or misunderstanding with respect to the regulations which may respectively constitute a British or Portugueze vessel, the high contracting parties agree in declaring, that all vessels built in the dominions of his Britan nic Majesty, and owned, navigated, and registered according to the laws of Great Britain, shall be considered as British vessels; and that all ships or vessels built in the countries be longing to his Royal Highness the Prince Regent of Portugal, or in any of them, or ships taken by any of the ships or vessels of war belonging to the Portugueze government, or any of the inhabitants of the domi anions of his Royal Highness the Prince Regent of Portugal, having commissions or letters of marque and reprisal from the government of Portugal, and condemned as lawful prize in any Court of Admiralty of the said Portugueze government, and owned by the subjects of his Royal Highness the Prince Regent of Portugal, or any of them, and whereof the master and three-fourths of the mariners, at least, are subjects of his Royal Highness the Prince Regent of Portugal, shall be considered as Portugueze vessels. VI. The mutual commerce and navigation of the subjects of Great Britain and Portugal respectively, in the ports and seas of Asia, are expressly permitted to the same degree as they have heretofore been allowed by the two crowns. And the commerce and navigation thus permitted, shall hereafter, and for ever, be placed on the footing of the commerce and navigation of the most favoured nation trading in the ports and seas of Asia; that is, that neither of the high contracting parties shall grant any favour or privilege, in matters of commerce and navigation, to the subjects of any other state trading within the ports and seas of Asia, which shall not be also granted quam proxime on the same terms to the subjects of the other contracting party. His Britannic Majesty engages in his own name, and in that of his heirs and successors, not to make any regulation which may be prejudicial or inconvenient to the commerce and navigation of the subjects of his Royal VOL. III. PART. I. Highness the Prince Regent of Portugal within the ports and seas of Asia, to the extent which is or may hereafter be permitted to the most favoured nation. And his Royal Highness the Prince Regent of Portugal does also engage in his own name, and in that of his heirs and successors, not to make any regulations which may be prejudicial or inconvenient to the commerce and navigation of the subjects of his Britan nic Majesty within the ports, seas, and dominions opened to them by virtue of the present treaty. VII. The two high contracting par ties have resolved, with respect to the privileges to be enjoyed by the subjects of each of them within the territories or dominions of the other, that the most perfect reciprocity shall be observed on both sides. And the subjects of each of the high contracting parties shall have a free and unquestionable right to travel, and to reside within the territories or dominions of the other, to occupy houses and warehouses, and to dispose of personal property of every sort and denomination, by sale, donation, exchange or testament, or in any other manner whatsoever, without any the smallest impediment or hinderance thereto. They shall not be compelled to pay any taxes or imposts under any pretext whatsoever, greater than those that are paid or may be paid by the native subjects of the sovereign in whose dominions they may be resident. They shall be exempted from all compulsory military service whatsoever, whether by sea or land. Their dwelling-houses, warehouses, and all the parts and appurtenances thereof, whether for the purposes of commerce or of residence, shall be respected. They shall not be liable to any vexatious visits and searches, nor shall + any arbitrary examination or inspec- to be interpreted as invalidating or tion of their books, papers, or ac- affecting the exclusive right possessed counts be made under colour of the by the crown of Portugal within ita supreme authority of the state. It It own dominions to the farm for the is, however, to be understood, that sale of ivory, Brazil wood, urzela, in the cases of treason, contraband diamonds, gold dust, gun-powder, trade, and other crimes, for the detec- and tobacco in the form of snuff; tion of which provision is made by provided, however, that should the the law of the land, that law shall be above mentioned articles, generally enforced; it being mutually declared or separately, ever become articles of that false and malicious accusations free commerce within the dominions are not to be admitted as pretexts of his Royal Highness the Prince or excuses for vexatious visits and Regent of Portugal, the subjects of searches, or for examinations of com- his Britannic Majesty shall be permercial books, papers or accounts, mitted to traffic in them as freely and which visits or examinations are never on the same footing as those of the to take place, except under the sanc most favoured nation. tion of the competent magistrate, and in the presence of the consul of the nation to which the accused party may belong, or of his deputy or representative. VIII. His Royal Highness the Prince Regent of Portugal engages in his own name, and in that of his heirs and successors, that the commerce of British subjects within his dominions shall not be restrained, interrupted, or otherwise affected by the operation of any monopoly, contract, or exclusive privileges of sale or purchase whatsoever; but that the subjects of Great Britain shall have free and unrestricted permission to buy and sell from and to whomsoever, and in whatever form or manner they may please, whether by wholesale or by retail, without being obliged to give any preference or favour in consequence of the said monopolies, contracts, or exclusive privileges of sale or purchase. And his Britannic Majesty daes on his part engage to observe faithfully this principle thus recognized and laid down by the two high contracting parties. But it is to be distinctly under stood, that the present article is not IX. His Britannic Majesty and his Royal Highness the Prince Regent of Portugal have agreed and resolved, that each of the high contracting par ties shall have the right to nominate and appoint consuls general, consuls, and vice consuls in all the ports of the dominions of the other contracting party wherein they are or may be necessary for the advancement of commerce, and for the commercial interests of the trading subjects of either crown. But it is expressly stipulated, that consuls, of whatsoever class they may be, shall not be acknowledged nor received, nor permitted to act as such, unless duly qualified by their own sovereign, and approved of by the other sovereign in whose dominions they are to be employed; consuls of all classes within the dominions of each of the high contracting parties are respectively to be placed upon a footing of perfect reciprocity and equality; and being appointed solely for the pur pose of facilitating and assisting in affairs of commerce and navigation, they are only to possess the privileges which belong to their station, and which are recognised and admitted by all governments as necessary for i the due fulfilment of their office and employment. They are in all cases, whether civil or criminal, to be entirely amenable to the laws of the country in which they may reside, and they are also to enjoy the full and entire protection of those laws so long as they conduct themselves in obedience thereto. X. His Royal Highness the Prince Regent of Portugal, desiring to protect and facilitate the commerce of the subjects of Great Britain within his dominions, as well as their relations of intercourse with his own subjects, is pleased to grant to them the privilege of nominating and having special magistrates to act for them as judges conservator in those ports and cities of his dominions in which tribunals and courts of justice are or may here after be established. These judges shall try and decide all causes brought before them by British subjects, in the same manner as formerly, and their authority and determinations shall be respected; and the laws, decrees, and customs of Portugal respecting the jurisdiction of the judge conservator are declared to be recognized and renewed by the present treaty. They shall be chosen by the plurality of the British subjects residing in or trading at the port or place where the jurisdiction of the judge conservator is to be established; and the choice so made shall be transmitted to his Britannic Majesty's ambassador, or minister, resident at the court of Portugal, to be by him laid before his Royal Highness the Prince Regent of Portugal, in order to obtain his Royal Highness's consent and confirmation; in case of not obtaining which, the parties interested are to proceed to a new election, until the royal approbation of the Prince Regent be obtained. The removal of the judge conservator, in cases of neglect of duty or delinquency, is also to be effected by an application to his Royal Highness the Prince, Regent of Portugal through the channel of the British ambassador, or minister resident at his Royal Highness's court. In return for this concession in favour of British subjects, his Britannic Majesty engages to cause the most strict and scrupulous observance and obedience to be paid to those laws by which the persons and property of Portugueze subjects residing within his dominions are secured and protected, and of which they (in common with all other foreigners) enjoy the benefit, through the acknowledged equity of British jurisprudence, and the singular excellence of the British constitution. And it is further stipulated, that in case any favour or privilege should be granted by his Britannic Majesty to the subjects of any other state, which may seem to be analogous to, or to resemble the privilege of having judge conservators, granted by this article to British subjects residing in the Portugueze dominions, the same favour or privilege shall be considered as also granted to the subjects of Portugal residing within the British dominions, in the same manner as if it were expressly stipulated by the present treaty. XÍ. His Britannic Majesty and his Royal Highness the Prince Regent of Portugul, agree severally to grant the same favours, honours, immunities, privileges, and exemptions from duties and imposts to their respective ambassadors, ministers, or accredited agents at the courts of each of them; and whatever favour either of the two sovereigns shall grant in this particu |