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GREAT BRITAIN, 1871.

who then adhered to the American States, were virtually absolved from all allegiance to the British Crown; all those who then adhered to the British Crown were deemed and held subjects of that Crown. The treaty of peace was a treaty operating between States and the inhabitants thereof. (Ibid., 274.)

The several States which compose this Union, so far, at least, as regarded their municipal regulations, became entitled from the time when they declared themselves independent to all the rights and powers of sovereign States, and did not derive them from concessions of the British King. The treaty of peace contains a recognition of the independence of these States, not a grant of it. The laws of the several State governments passed after the Declaration of Independence were the laws of sovereign States, and as such were obligatory upon the people of each State. (M'Ilvaine v. Coxe's Lessee, 4 Cranch, 209.)

The property of British corporations in this country is protected by the sixth article of the treaty of peace of 1783, in the same manner as those of natural persons, and their title, thus protected, is confirmed by the ninth article of the treaty of 1794, so that it could not be forfeited by any intermediate legislative act or other proceeding for the defect of alienage. (The Society for Propagating the Gospel, &c., v. New Haven, 8 Wheat., 464.)

The treaty of peace between the United States and Great Britain prevents the operation of the act of limitations of Virginia upon British debts contracted before that treaty. (Hopkirk v. Bell, 3 Cranch, 454.)

The treaty of peace of 1783 between the United States and Great Britain was a mere recognition of pre-existing rights as to territory, and no territory was thereby acquired by way of cession from Great Britain. (Harcourt et al. v. Gaillard, 12 Wheat., 523.) The act of the legislature of Virginia of 1799, entitled "An act concerning escheats and forfeitures from British subjects," and under which a debtor to a subject of Great Britain had, in conformity to the provisions of that law, during the war paid into the loan-office of the State a portion of the debt due by him, did not operate to protect the debtor from a suit for such debt after the treaty of peace in 1783. The statute of Virginia, if it was valid and the legislature could pass such a law, was annulled by the fourth article of the treaty; and, under this article, suits for the recovery of debts so due might be maintained, the provisions of the Virginia law to the contrary notwithstanding. (Ware v. Hylton, 3 Dall., 199.)

Debts due in the United States to British subjects before the war of the Revolution, though sequestered or paid into the State treasuries, revived by the treaty of peace of 1753, and the creditors are entitled to recover them from the original debtors. (Georgia v. Brailsford, 3 Dall., 1.)

G. C., born in the colony of New York, went to England in 1738, where he resided until his decease; and being seized of lands in New York, he, on the 30th of November, 1776, in England, devised the same to the defendant and E. C. as tenants in common, and died so seized on the 10th of December, 1776. The defendant and E. C. having entered and becoming possessed, E. C., on the 3d December, 1791, bargained and sold to the defendant all his interest. The defendant and E. C. were both born in England long before the Revolution. On the 22d March, 1791, the legislature of New York passed an act to enable the defendant to purchase lands and to hold all other lands which he might then be entitled to within the State, by purchase or descent, in fee simple, and to sell and dispose of the same, in the same manner as any natural-born citizen might do. The treaty between the United States and Great Britain of 1794 contains the following provision: "Article IX. It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein, and may grant, sell or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as respects the said lands and the legal remedies incident thereto, be considered as aliens." The defendant, at the time of the action brought, still continued to be a British subject. Held, that he was entitled to hold the lands so devised to him by G. C. and transferred to him by E. C. (New York v. Clarke, 3 Wheat., 1.)

By the treaty of 1783 the United States succeeded to all the rights that existed in the King of France in that part of Canada which now forms the State of Michigan prior to its conquest by Great Britain in 1750, and among them that of dealing with seigniorial estates for a forfeiture for non-fulfilment of the conditions of the fief. (United States v. Repentigny, 5 Wallace, 211.)

Lands granted by the acts of March 3, 1807, in fulfilment of the second article of the treaty of 1794, were not donations. (Forsyth v. Reynolds, 15 Howard, 358.)

The reciprocity treaty of 1854 did not release a forfeiture previously incurred. (Pine Lumber, 4 Blatchford's Circuit Court Reports.)

There is nothing in the treaties with Great Britain which gives a British merchant resident in a port of the seceded States during the war an immunity from the general principles of public law applicable to resident neutral merchants. (The Sarah Starr, Blatchford's Prize Cases, 69.)

GREECE.

GREECE, 1837.

TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF GREECE. CONCLUDED DECEMBER 10-22, 1837; RATIFICATIONS EXCHANGED JUNE 13-25, 1838: PROCLAIMED AUGUST 30, 1838.

&c.

Desire to maintain

The United States of America and His Majesty the King of Greece, equally animated with the sincere desire of maintaining the good understanding, relations of good understanding which have hitherto so happily subsisted between their respective States; of extending, also, and consolidating the commercial intercourse between them; and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity, equally beneficial to both countries; have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation, and for that purpose have appointed Plenipotentiaries:

The President of the United States of America, Andrew Stevenson, Envoy Extraordinary and Minister Plenipotentiary of the Negotiators, United States near the court of Her Britannic Majesty; and His Majesty the King of Greece, Spiridion Tricoupi, Councillor of State on Special Service, his Envoy Extraordinary and Minister Plenipotentiary near the same court, Grand Commander of the Royal Order of the Saviour, Grand Cross of the American Order of Isabella the Catholic;

Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles :

ide in the teritories of the other.

ARTICLE I.

The citizens and subjects of each of the two high contracting parties Citizens of each may, with all security for their persons, vessels, and cargoes, party at liberty to re- freely enter the ports, places, and rivers of the territories of the other, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories; to rent and occupy houses and warehouses for their com merce; and they shall enjoy, generally, the most entire security and protection in their mercantile transactions, on conditions of their submitting to the laws and ordinances of the respective countries.

ARTICLE II.

Greek vessels arriving, either laden or in ballast, into the ports of the United States of America, from whatever place they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming

Tonnige duties, &c.

from the same place, with respect to the duties of tonnage, light-houses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever; and, reciprocally, the vessels of the United States of America arriving, either laden or in ballast, into the ports of the Kingdom of Greece, from whatever place they may come, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, lighthouses, pilotage, and port charges, as well as to the perquisites of public officers, and all other duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatso

ever.

ARTICLE III.

All that may be lawfully imported into the United States of America, in vessels of the said States, may also be thereinto imported Freedom of impor in Greek vessels, from whatever place they may come, with- tation. out paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if imported in national vessels.

And, reciprocally, all that may be lawfully imported into the Kingdom of Greece, in Greek vessels, may also be thereinto imported in vessels of the United States of America, from whatever place they may come, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Govern ment, the local authorities, or of any private establishments whatsoever, than if imported in national vessels.

ARTICLE IV.

Freedom of expo.

All that may be lawfully exported from the United States of America, in vessels of the said States, may also be exported therefrom in Greek vessels, without paying other or higher duties or tation. charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if exported in national vessels.

And, reciprocally, all that may be lawfully exported from the Kingdom of Greece, in Greek vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if exported in national vessels.

ARTICLE V.

Consting trade.

It is expressly understood that the foregoing second, third, and fourth articles are not applicable to the coastwise naviga tion from one port of the United States of America to another port of the said States, nor to the navigation from one port of the Kingdom of Greece to another port of the said Kingdom; which navigation each of the two high contracting parties reserves to itself.

Neither party to

ARTICLE VI.

Each of the two high contracting parties engages not to grant in its purchases, or in those which might be made by companies grant any preference, or agents acting in its name, or under its authority, any preference to importations made in its own vessels, or in those of a third Power, over those made in the vessels of the other con tracting party.

&c.

Duties.

ARTICLE VII.

The two high contracting parties engage not to impose upon the nav igation between their respective territories, in the vessels of either, any tonnage or other duties of any kind or denomination which shall be higher or other than those which shall be imposed on every other navigation, except that which they have reserved to themselves, respectively, by the fifth article of the present treaty.

ARTICLE VIII.

There shall not be established in the United States of America, upon the products of the soil, or industry of the Kingdom of Prohibition. Greece, any prohibition, or restriction, of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties shall likewise be established upon articles of like nature, the growth of any other country.

And, reciprocally, there shall not be established in the Kingdom of Greece, on the products of the soil or industry of the United States of America, any prohibition or restriction of importation or exportation, nor any duties of any kind or denomination whatsoever, unless such prohibitions, restrictions, and duties be likewise established upon arti cles of like nature, the growth of any other country.

Privileges of transit, &c.

ARTICLE IX.

All privileges of transit, and all bounties and drawbacks which may be allowed within the territories of one of the high contracting parties, upon the importation or exportation of any article whatsover, shall likewise be allowed on the articles of like nature, the products of the soil, or industry of the other contracting party, and on the importations and exportations made in its vessels.

Vessels entering

party, but not wishing to unload.

ARTICLE X.

The citizens or subjects of one of the high contracting parties, arriv ing with their vessels on the coasts belonging to the other, the ports of either but not wishing to enter the port; or, after having entered therein, not wishing to unload any part of their cargo, shall be at liberty to depart and continue their voyage without paying any other duties, imposts, or charges whatsoever, for the vessel and cargo, than those of pilotage, wharfage, and for the support of light-houses, when such duties shall be levied on national vessels in similar cases. It is understood, however, that they shall always conform lations, &c. to such regulations and ordinances concerning navigation and the places and ports which they may enter, as are, or shall be, in force with regard to national vessels, and that the custom-house officers

Custom-house regu

shall be permitted to visit them, to remain on board, and to take all such precautions as may be necessary to prevent all unlawful commerce, as long as the vessels shall remain within the limits of their jurisdiction.

ARTICLE XI.

It is further agreed that the vessels of one of the high contracting parties, having entered into the ports of the other, will be Vessels unloading permitted to confine themselves to unloading such part only part of their cargo. of their cargoes as the captain or owner may wish, and that they may freely depart with the remainder without paying any duties, imposts, or charges whatsover, except for that part which shall have been landed, and which shall be marked upon and erased from the manifest exhibiting the enumeration of the articles with which the vessel was laden; which manifest shall be presented entire at the custom-house of the place where the vessel shall have entered. Nothing shall be paid on that part of the cargo which the vessel shall carry away, and with which it may continue its voyage to one or several other ports of the same country, there to dispose of the remainder of its cargo, if composed of articles whose importation is permitted on paying the duties chargeable upon it, or it may proceed to any other country. It is understood, however, that all duties, imposts, or charges what on the vessels. soever, which are or may become chargeable upon the vessels themselves, must be paid at the first port where they shall break bulk, or unlade part of their cargoes; but that no duties, imposts, or charges of the same description shall be demanded anew in the ports of the same country, which such vessels might afterwards wish to enter, unless national vessels be in similar cases subject to some ulterior duties.

ARTICLE XII.

Duties chargeable

Each of the high contracting parties grants to the other the privilege of appointing in its commercial ports and places Consuls, Vice-Consuls, and commercial agents, who shall enjoy the

Consuls.

full protection and receive every assistance necessary for the due exercise of their functions; but it is expressly declared that in case of illegal or improper conduct with respect to the laws or Government of the country in which said Consuls, Vice-Consuls, or commercial agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Government, which shall acquaint the other with its motives for having thus acted; it being understood, however, that the archives and documents relative to the affairs of the consulate shall be consulates. exempt from all search, and shall be carefully preserved under the seals of the Consuls, Vice-Consuls, or commercial agents, and of the authority of the place where they may reside.

Archives, &c., of

in certain cases.

to

The Consuls, Vice-Consuls, or commercial agents, or the persons duly authorized to supply their places, shall have the right, as Consuls, &c., such, to sit as judges and arbitrators in such differences as judge and arbitrate may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge without the interference of the local authorities, unless the conduct of the crews, or of the captain, should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect or supported. . It is, however, understood,

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