Images de page
PDF
ePub

have to pay the Excise which is levied upon trade in the Interior, and also, by virtue of Tariffs, upon certain articles within the Towns, and which affects the native Dealers in the same degree, whether the goods be destined for their own consumption, or for trade; or whether they remain within the Country, or be conveyed out of it.

(f) The restrictions put upon trade in the Villages, viz. the Decree existing in the Kingdom of Saxony which forbids the deposit of goods in the Country.

XV. The raw and manufactured goods which are imported for consumption or for sale, from one of the Contracting States into another, in case their conventional exemption from payment be claimed, must be verified by Certificates of Origin accompanying them. These Certificates must be furnished, honourably and conscientiously, by the Producers, Manufacturers, or Dealers in manufactured goods, and legalized, free of all charges, either at the Custom-houses, wherever they exist, or by the local Magistrates, of whose duty it will form a part.

Excise Documents, in which the native origin of the goods is noted, will answer the purpose of Certificates.

Articles of all kinds, imported directly from one Associate State into another, and being of the produce of the Country whence they are brought, do not require such Certificates, provided they be imported only in such quantities as, taken altogether, would not cause the Excise to be paid on the frontiers to amount to more than 2 groschen.

XVI. Every Certificate of Origin, if its legalization be not renewed, ceases to be valid 3 mouths after its date, and also in the cases following, viz.—where the Owner of the goods, to which the Certificate relates, previously brings them to the fairs or markets of a State, not being a Party to this Treaty, or where, generally speaking, the goods have been warehoused in such State. If, on the contrary, the Owner has only visited with his goods, the markets of a State belonging to this Union, the Certificates of Origin remain valid for subsequent importation into the other States, provided they have been legalized by the Authorities in the previously-visited Market Towns.

XVII. Such manufactured goods of the Kingdom of Saxony as are proved to be native, either by means of a stamp affixed to them or in any other manner considered satisfactory by the Excise Officers, and are re-imported into the Kingdom of Saxony from the Contracting States, shall be treated entirely as native, and shall, therefore, not only pass duty-free on the frontiers, but be subject only, on the sale of them, to the general Tariff of consumption duties upon the like native goods.

XVIII. The several Governments mutually bind themselves, in case their Subjects render themselves guilty of an abuse, or forgery, of the Certificates, to examine into such delinquencies, even without any previous request to that effect, so soon as they shall come to their knowledge, and to punish them according to their own Laws.

XIX. The duration of this Special Treaty is provisionally fixed for the 31st of December, 1834, similar to that of the Treaty relative to the General Commercial League, concluded on the 24th instant.

XX. The present Treaty shall be ratified, immediately after the receipt of all the Acts of Accession to the General Treaty mentioned in the preceding Article, and the Ratifications shall be exchanged as soon as possible.

In faith of which, this Treaty has been signed and sealed by all the Commissioners.

Done at Cassel, this 29th day of September, 1828.

(L. S.)

(L. S.)

H. G. VON CARLOWITZ.

C. F. A. VON CONTA,

for myself, and for Dr. SCHWEITZER. D. FREIHERR VON STEIN.

(L. S.)

[blocks in formation]

TREATY of Commerce between Hesse-Cassel, Saxe-Weimar,
Saxe-Meiningen, and Saxe-Gotha.-Signed at Cassel, 12th
December, 1828.
(Translation.)

His Royal Highness the Elector of Hesse on the one part, and His Royal Highness the Grand Duke of Saxe-Weimar-Eisenach on the other part; in like manner, their Serene Highnesses the Duke of SaxeMeiningen and the Duke of Saxe-Coburg-Gotha, with a desire to give greater effect, (in furtherance of the object of the Commercial League contained in the Treaty of the 24th of September of this Year,*) to the XIVth and XVIth Articles of that Treaty, have appointed Commissioners, namely &c. &c. by whom, conformably to the Special Full Powers hereto affixed, the following Treaty has been concluded:

ART. I. The Governments of Hesse-Cassel, Saxe-Weimar-Eisenach, Saxe-Meiningen, and Saxe-Coburg-Gotha, mutually declare, that they are ready, at all times, to facilitate as much as possible the reciprocal commercial intercourse of their Subjects, in the manner which shall answer to the interests of all Parties, and that they will make it their constant care to remove by degrees, and as far as may be practicable, those obstacles which are still opposed to a more extensive encouragement of that mutual intercourse.

* See Vol. 1827, 1828. Page 1266.

II. The Government of the Electorate of Hesse engages to exempt (from the 1st of January, 1829) the following articles from payment of Import Duties; viz.

1. Grain and Pulse, where these articles do not already enjoy that freedom, in virtue of the Principal Treaty of the 24th of September

[blocks in formation]

and the following articles from payment of Export Duties: viz.

22. Furs and skins.

23. Stags' horns.

24. Ashes, which are exported out

of the Electorate into a Territory of the Assot States.

III. On the other hand, the Governments of the Grand Duchy and Duchies of Saxe, bind themselves, in full reciprocity for the exemptions granted by Hesse Cassel in the preceding Article, not to levy, during the term of the present Treaty, Import or Export Duties upon similar productions of the Electorate. Those articles shall not be subject to a higher charge for Convoy (the Duty on which remains in force) than the native productions of the same kind; and the specified articles shall, therefore, be mutually considered as native, and shall every where, (even with respect to the Convoy Duty,) he treated in that light.

IV. The Government of the Grand Duchy of Saxe further suspends altogether in its Territory, after the 1st of January, 1829, the hitherto existing transit Duty upon Salt coming from the Electorate, reserving, however, the Salt Monopoly and the right to limit the above suspension to certain roads to be determined by mutual agreement.

V. The Contracting Governments of the Grand Duchy and the Duchies of Saxe will also take especial care to adopt such measures, relative to the charge for Convoy, as shall be calculated to promote and benefit their mutual trade and in order to encourage, as much as possible, the immediate use of the Werra, for the importation and exportation of goods, the Governments of Hesse-Cassel, of the Grand Duchy of Saxe, and of the Duchy of Saxe-Meiningen, have judged it conducive to their interests to consider and determine, that all goods, which are imported by the Werra into the commercial Towns of Wannfried and Eschwege, as well as all goods which are exported from

those places, shall, after the 1st of January, 1829, and during the existence of the present Treaty, pay only one half of the Toll for Convoy at Kreuzburg, and of the Tolls for Convoy in the Duchy of Meiningen, and shall be exempt from all payment of Transit Duties.

VI. The several Contracting States mutually suspend the Taxes levied, in different Places, upon the Mechanicks and Labourers of one State working in the territory of another, and will severally treat them in this respect upon the same footing as the Natives.

VII. In like mauner, the Tradesmen and Dealers who, being settled in one of the Contracting States, visit the Fairs and Markets of another State, with a view to trade, shall not be subjected to heavier duties in the latter, nor, generally speaking, be in any way treated with less favour than the native Tradesmen and Dealers of the same class; and the Taxes called " Schaugelder" and others of a similar nature, to which Foreigners are liable, but which are not levied upon Natives, to the same extent, shall, wherever they have hitherto existed, be suspended, after the 1st of January, 1829.

VIII. The exemptions stipulated in Articles II and III, can be claimed only in cases where the exempted goods are accompanied by Certificates of Origin. These Certificates must be furnished by the Producers, Manufacturers, or the Dealers in manufactured goods, with honour and good faith, and must be legalised, free from all charges, with the exception of the payment for printed forms, either by the Officers of the Customs, wherever they may be established, or by the Local Authorities, as forming a part of their duty. Grain and pulse, as also cattle, (singly,) basket wares, sieves, &c. cartwright's goods, &c. (singly,) do not require the Certificates, if they are imported directly from one of the Contracting States into another, and the remaining privileged articles shall not require them, if they are imported only in such quantities as shall not cause the Import Duty to be levied upon the whole load, to amount to more than 2 good groschen.

IX. Every Certificate of Origin, provided it be not legally revived, shall cease to be valid at the expiration of the term therein specified, (which term shall be regulated according to the time necessary for the transport of the goods to the place of their destination,) or, at the utmost, 4 weeks from the date thereof; and, in like manner, in all cases where the goods referred to in the Certificate do not come directly from one of the Contracting States.

X. The Governments mutually bind themselves, to provide that the legal proceedings to be observed, in the delivery of these Certificates, be carefully attended to, and, in case their Subjects be guilty of any -abuse or forgery of the same, to examine into their conduct, even without a previous request, and to punish, with all the severity of the Laws of their own Country, such offences, as also all instances of care

lessness on the part of the Legalising Authorities themselves, so soon as they become known to them.

XI. The Contracting Governments mutually engage to render to each other all neighbourly assistance in securing the payment of their Indirect Taxes; and in order, especially, to prevent the smuggling of foreign Salt and foreign Spirits, to adopt the requisite measures, so that the loads of those articles, passing through one Contracting State and destined for importation into another, shall be obliged, upon all occasions, to proceed along the established roads and to touch at the principal Custom Houses of the latter. All Defrauders of the Customs, Excise, Convoy, or Imposts, as well as Smugglers, if they have not acquired an actual residence within the State in which they are discovered, by which they may be considered as domiciliated Subjects of that State, shall, reciprocally, upon request, and without hesitation or delay, be brought before that Justiciary Court, within the Jurisdiction of which the offence has been committed, for examination and punishment: Domiciliated Subjects shall, after a previous request to that effect, be allowed to present themselves voluntarily before the Court of the other State, in order that they may defend themselves against the accusation, and thereby avoid the process to which they would be liable in case of contumacy, and its consequences (affecting the person or the goods in the other State.) A decision of the Court in such cases, which has acquired the force of Law, and is founded upon the Laws, shall, upon a further request, be also put in force against native Subjects, under the same restrictions as questions of criminal Law.

XII. The duration of this Separate Treaty, similar to the Treaty concluded on the 24th of September of this year, relative to the General Commercial League, is provisionally fixed to the 31st of December, 1834. At the Meetings to be held, from time to time, with a view to the further extension of the General Commercial League, conformably to Article III. of the said Treaty of the 24th of September of this year, the completion and extension of the present Treaty shall likewise be discussed.

XIII. One Original only of this Treaty shall be drawn up, and deposited with the Electoral Archives at Cassel; but legalized Copies of the same shall be delivered to all the several States, which are Parties thereto.

In faith whereof, the present Treaty has been signed and sealed by the several Plenipotentiaries.

Done at Cassel, this 12th day of December, 1828.

(L. S.) C. F. VON KOPP.

(L. S.) F. MEISTERLIN.

(L. S.) C. F. A. VON CONTA. (L. S.) D. VON STEIN.

(L. S.) W. E. BRAUN.

For myself, and for the Privy
Councillor,

VON CARLOWITZ.

« PrécédentContinuer »