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are subjects of His Royal Highness the Prince Regent of Portugal, shall be considered as Portuguese 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 Highness the Prince Regent of Portugal within the Ports and Seas of Asia, to the extent which is or may hereaster 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 Britannic Majesty within the Ports, Seas and Dominions opened to them by virtue of the present Treaty.
VII. The two High Contracting Parties 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 hindrance 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 dwellinghouses, warehouses and all the parts and appertenances 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 inspection of their books, papers, or accompts be made under colour of the supreme authority of the State. It is, however, to be understood, that in the cases of treason, contraband trade, and other crimes, for the detection of which provision is made by the law of the land, that law shall be enforced, it being mutually declared
that false and malicious accusations are not to be admitted 'as pretexts or excuses for vexatious visits and searches, or for examinations of commercial books, papers or accompts; which visits or examinations are never to take place, except under the sanction 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 the said monopolies, contracts, or exclusive privileges of sale or purchase. And His Britannic Majesty does 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 understood, that the present Article is not to be intrepreted as invalidating or affecting the exclusive right possessed by the Crown of Portugal within its own Dominions to the farm for the sale of ivory, brazilwood, urzela, diamonds, gold dust, gunpowder, and tobacco in the form of snuff: provided, however, that should the above-mentioned articles, generally or separately, ever become articles of free Commerce within the Dominions of His Royal Highness the Prince Regent of Portugal, the subjects of His Britannic Majesty shall be permitted to traffic in them as freely and on the same footing as those of the most favoured nation.
IX. His Britannic Majesty and His Royal Highness the Prince Regent of Portugal have agreed and resolved, that each of the High Contracting Parties 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 purpose 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 recognized and admitted by all governments as necessary for 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 hereafter 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 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 Portuguese 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 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 Portuguese 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.
XI. His Britannic Majesty and His Royal Highness the Prince Regent of Portugal, 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 whatsoever favour either of the two Sovereigns shall grant in this par
ticular at His own Court, the other Sovereign engages to grant the same at His Court.
XII. His Royal Highness the Prince Regent of Portugal declares and engages, in His own name, and in that of His heirs and successors, that the subjects of His Britannic Majesty residing within His Territories and Dominions, shall not be disturbed, troubled, persecuted, or annoyed, on account of their religion; but that they shall have perfect liberty of conscience therein, and leave to attend and celebrate Divine Service to the honour of Almighty God, either within their own private houses, or in their own particular churches and chapels, which His Royal Highness does now and for ever graciously grant to them the permission of building and maintaining within His Dominions: provided, however, that the said churches and chapels shall be built in such a manner as externally to resemble private dwelling houses; and also, that the use of bells be not permitted therein, for the purpose of publicly announcing the time of Divine Service: and it is further stipulated, that neither the subjects of Great Britain, nor any other foreigners of a different communion from the religion established in the Dominions of Portugal, shall be persecuted or disquieted for conscience-sake, either in their persons or property, so long as they conduct themselves with order, decency and morality and in a manner conformable to the usages of the country, and to its constitution in Church and State; but if it should be proved that they preach or declaim publicly against the Catholic religion, or that they endeavour to make proselytes or converts, the parties so offending may, upon manifestation of their delinquency, be sent out of the country in which the offence shall have been committed; and those who behave in public with disrespect or impropriety towards the forms and ceremonies of the established Catholic religion, shall be amenable to the civil police, and may be punished by fine, or by confinement within their own dwelling houses. And if the offence be so flagrant and so enormous as to disturb the public tranquillity, or endanger the safety of the institutions of Church and State (as established by law), the parties so offending may, on due proof of the fact, be sent out of the Dominions of Portugal. Liberty shall also be granted to bury the subjects of His Britannic Majesty who may die in the Territories of His Royal Highness the Prince Regent of Portugal, in covenient places to be appointed for that purpose; nor shall the funerals nor sepulchres of the dead be disturbed in anywise, nor upon any account. In the same manner the subjects of Portugal shall enjoy within all the Dominions of His Britannic Majesty, a perfect and uprestrained liberty of conscience in all matters of religion, agreeably to the system of toleration established therein. They may freely perform the exercises of their religion publicly or privately within their own dwelling houses, or in the chapels and places of worship appointed for that purpose, without any the smallest hindrance, annoyance, or difficulty whatsoever, either now or hereafter.
XIII. It is agreed and covenanted, by the High Contracting Parties,
that packets shall be established for the purpose of furthering the public service of the two Courts, and of facilitating the commercial intercource of their respective snbjects. A Convention shall be concluded forthwith, on the basis of that which was signed at Rio de Janeiro, on the 14th day of September 1808, in order to settle the terms upon which the said packets are to be established, which Convention shall be ratified at the same time with the present Treaty.
XIV. It is agreed and covenanted, that persons guilty of high treason, forgery, or other offences of a heinous nature, within the Dominions of either of the High Contracting Parties, shall not be harboured nor receive protection in the Dominions of the other. And that neither of the High Contracting Parties shall knowingly and wilsully receive into and entertain in Their service, persons, subjects of the other Power, deserting from the military service thereof, whether by sea or land; but that on the contrary they shall each respectively discharge any such person from Their service, upon being required: but it is agreed and declared, that neither of the High Contracting Parties shall grant to any other State any favour on the subject of persons deserting from the service of that State, which shall not be considered as granted also to the other High Contracting Party, in the same manner as if the said favour had been expressly stipulated by the present Treaty. And it is further agreed, that in cases of apprentices or sailors deserting from vessels belonging to the subjects of either of the High Contracting Parties while within the ports of the other Party, the Magistrates shall be bound to give effectual assistance for their apprehension, on due application to that effect being made by the Consul-General, or Consul, or by hiş deputy or representative; and that no public body, civil or religious, shall have the power of protecting such deserters.
XV. All goods, merchandises, and articles whatsoever of the produce, manufacture, industry, or invention of the Dominions and subjects of His Britannic Majesty, shall be admitted into all and singular the Ports and Dominions of His Royal Highness the Prince Regent of Portugal, as well in Europe as in America, Africa and Asia, whether consigned to British or Portuguese subjects, not paying generally and solely, duties to the amount of fifteen per cent. according to the value which shall be set upon them by a tariff or table of valuations, called in the Portuguese language pauta, the principal basis of which shall be the sworn invoice cost of the aforesaid goods, merchandises and articles, taking also into consideration (as far as may be just or practicable) the current prices thereof in the country into which they are imported. This tarisl or valuation shall be determined and settled by an equal number of British and Portuguese merchants of known integrity and honour, with the assistance, on the part of the British merchants, of His Britannic Majesty's Consul – General, or Consul, and on the part of the Portuguese merchants, whith the assistance of the Superintendant, or Administrator General of the customs, or of their respective deputies. And the