Images de page
PDF
ePub

be a free Port, according to the terms mentioned in the preceding Article of the present Treaty.

XXIII. His Royal Highness the Prince Regent of Portugal being desirous to place the system of commerce announced by the present Treaty, upon the most extensive basis, is pleased to take the opportunity afforded by it, of publishing the determination pre-conceived in His Royal Highness's mind of rendering Goa a free port, and of permitting the free toleration of all religious sects whatever in that City and in its dependencies.

XXIV. All trade with the Portuguese Possessions situated upon the Eastern coast of the Continent of Africa (in articles not included in the exclusive contracts possessed by the Crown of Portugal) which may have been formerly allowed to the subjects of Great Britain, is confirmed and secured to them now, and for ever, in the same manner as the trade which has hitherto been permitted to Portuguese subjects in the Ports and Seas of Asia, is confirmed and secured to them by virtue of the sixth Article of the present Treaty.

XXV. But in order to give due effect to that system of perfect reciprocity which the two High Contracting Parties are willing to establish as the basis of their mutual relations, His Britannic Majesty consents to wave the right of creating factories or incorporated bodies of British merchants under any name or description whatsoever, within the Dominions of His Royal Highness the Prince Regent of Portugal; provided however that this concession in favour of the wishes of His Royal Highness the Prince Regen! of Portugal shall not deprive the subjects of His Britannic Majesty, residing within the Dominions of Portugal, of the full enjoyment, as individuals engaged in commerce of any of those rights and privileges which they did or might possess as members of incorporated commercial bodies; and also that the commerce and trade carried on by British subjects shall not be restricted, annoyed, or otherwise affected by any commercial company whatever, possessing exclusive privileges and favours within the Dominions of Portugal. And His Royal Highness the Prince Regent of Portugal does also engage, that He will not consent nor permit that any other Nation or State shall possess factories or incorporated bodies of merchants within His Dominions, so long as British factories shall not be established therein.

XXVI. The two High Contracting Parties agree, that they will forthwith proceed to the revision of all other former Treaties subsisting between the Iwo Crowns, for the purpose of ascertaining what stipulations contained in them are, in the present state of affairs, proper to be continued or renewed.

It is agreed and declared, that the stipulations contained in former Treaties concerning the admission of the wines of Portugal on the one hand, and the woollen cloths of Great Britain on the other, shall at present remain unaltered. In the same manner it is agreed, that the favours, privileges, and immunities granted by either Contracting Party to the subjects of the other, whether by Treaty, Decree, or Alvara, shall remain unaltered, except the

all

power granted by former Treaties, of carrying in the ships of either Country goods and merchandises of any description whatever, the property of the enemies of the other Country, which power is now mutually and publicly renounced and abrogated.

XXVII. The reciprocal liberty of Commerce and Navigation, declared and announced by the present Treaty, shall be considered to extend to all goods and merchandises whatsoever except those articles the property of the enemies of either Power, or contraband of war.

XXVIII. Under the name of contraband or prohibited articles shall be comprehended not only arms, cannon, harquebusses, mortars, petards, bombs, grenades, saucisses, carcasses, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head pieces, helmets, cuirasses, halberts, javelins, holsters, belts, horses and their harness, but generally all other articles that may have been specified as contraband in any former Treaties concluded by Great Britain or by Portugal with other Powers. But goods which have not been wrought into the form of warlike instruments, or which cannot become such, shall not be reputed contraband, much less such as have been already wrought and made up for other purposes, which shall be deemed not contraband, and may be freely carried by the subjects of both Sovereigns even to places belonging to an enemy, excepting only such places as are besieged, blockaded, or invested by sea or land.

XXIX. In case any ships or vessels war, or merchantmen, should be shipwrecked on the coasts of either of the High Contracting Parties, all such parts of the said ships or vessels, or of the furniture or appertenances thereof, as also of goods and merchandises as shall be saved, or the produce thereof, shall be faithfully restored upon the same being claimed by the proprietors or their factors duly authorized, paying only the expenses incurred in the preservation thereof, according to the rate of salvage settled on both sides (saving at the same time the rights and customs of each nation, the abolition or modification of which shall however be treated upon in the cases where they shall be contrary to the stipulations of the present Article;) and the High Contracting Parties will mutually interpose their authority, that such of their subjects as shall take advantage of any such misfortune, may be severely punished.

XXX. And, for the greater security and liberty of Commerce and Navigation, it is further agreed, that both His Britannic Majesty and His Royal Highness the Prince Regent of Portugal, shall not only refuse to receive any pirates or sea-rovers whatsoever into any of Their havens, ports, cities, or towns, or permit any of their subjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houses, or to assist them in any manner whatsoever, but further, that they shall cause all such pirates and sea-rovers, and all persons who shall receive, conceal, or assist them, to be brought to condign punishment for a terror and example to others. And all their ships, with the goods or merchandises

taken by them, and brought into the ports belonging to either of the High Contracting Parties, shall be seized, as far as they can be discovered, and shall be restored to the owners, or the factors duly authorized or deputed by them in writing, proper evidence being first given to prove the property, even in case such effects should have passed into other hands by sale, if it be ascertained that the buyers knew or might have known that they had been piratically taken.

XXXI. For the future security of commerce and friendship between the subjects of His Britannic Majesty and His Royal Highness the Prince Regent of Portugal, and to the end that their mutual good understanding may be preserved from all interruption and disturbance, it is concluded and agreed, that is at any time there should arise -any disagreement, breach of friendship, or rupture between the Crowns of the High Contracting Parties, whi God forbid, (which rupture shall not be deemed to exist until the recalling or sending home of the respective Ambassadors and Ministers) the subjects of each of the two Parties, residing in the Dominions of the other, shall have the privilege of remaining, and continuing their trade therein, without any manner of interruption, so long as they behave peaceably, and commit no offence against the laws and ordinances; and in case their conduct should render them suspected, and the respective Governments should be obliged to remove, the term of twelve months shall be allowed them for that purpose, in order that they may retire with their effects and property, whether entrusted to individuals, or to the State.

At the same time it is to be understood that this favour is not to be extended to those who shall act in any manner contrary to the established laws.

XXXII. It is agreed and stipulated by the High Contracting Parties, that the Present Treaty shall be unlimited in point of duration, that the obligations and conditions expressed or implied in it shall be perpetual and immutable; and they shall not be changed or affected in any manner in case His Royal Highness the Prince Regent of Portugal, His Heirs or Successors, should again establish the seat of the Portuguese Monarchy within the European Dominions of that Crown.

XXXIII. But the lwo High Contracting Parties do reserve to themselves the right of jointly examining and revising the several Articles of this Treaty at the expiration of fifteen years, counted in the first instance from the date of the exchange of the ratifications theoreof *), and of then proposing, discussing and making such amendments or additions, as the real interests of their respective subjects may seem to require. It being understood that any stipulation which at the period of revision of the Treaty shall be objected to by either of the High Contracting Parties, shall be considered as suspended in its operation until the discussion concerning that stipulation shall be terminated, due notice being previously given to the other Contracting Party of the in

*) Les dites Ratifications ont été échangées à Londres le 19. Juin 1810.

tended suspension of such stipulation, for the purpose of avoiding mutual inconvenience.

XXXIV. The several stipulations and conditions of the present Treaty shall begin to have effect from the date of His Britannic Majesty's ratification thereof: and the mutual exchange of ratifications shall take place in the City of London, within the space of four months, or sooner, if possible to be computed from the day of the signature of the present Treaty.

In witness whereof, we, the undersigned Plenipotentiaries of His Britannic Majesty and of His Royal Highness the Prince Regent of Portugal, in virtue of our respective full powers, have signed the present Treaty with our hands, and have caused the seals of our arins to be set thereto.

Done in the City of Rio de Janeiro, on the 19th day of February, in the year of our Lord 1810.

Signed: (L. S.) Strangford.

(L. S.) Conde de Linhares.

Declaration. The undersigned, His Majesty's Principal Secretary of State for Foreign Affairs, at the moment of exchanging with the Chevalier de Souza Couttinho Envoy Extraordinary and Minister Plenipotentiary from His Royal Highness the Prince Regent of Portugal, the ratifications of the Treaty of Commerce signed at Rio de Janeiro on the 19th of February 1810, by Lord Viscount Strangford, on the part of His Majesty and by the Conde de Linhares, on the part of His Royal Highness the Prince Regent, has been commanded by His Majesty, in order to avoid any misunderstanding which might possibly arise in the execution of that part of the fifth Article of the said Treaty, wherein it is defined what ships shall be considered as entitled to the privileges of British ships, to declare to the Chevalier de Souza Couttinho, that in addition to the qualifications therein expressed, such other ships will likewise be entitled to be considered as British ships which shall have been captured from the enemy by His Majesty's ships of war, or by subjects of His Majesty furnished with letters of marque by the Lords Commissioners of the Admiralty, and regularly condemned in one of His Majesty's Prize Courts as a lawful prize, in the same manner as ships captured from the enemy by the ships of Portugal, and condemned under similar circumstances, are, by the subsequent paragraph of the aforementioned Article of the said Treaty, to be considered as Portuguese ships.

The undersigned requests the Chevalier de Souza Coultinho to accept the assurances of his high consideration. London. Foreign Office, 17th June 1810.

Signed Wellesley, The Chevalier de Souza Couttinho, etc. etc. etc.

Traité de la Quadruple alliance ou convention entre la Grande-Bretagne, la France,

l'Espagne et le Portugal,

conclúe à LONDRES, le 22. Avril 1834.

Sa Majesté la Reine-Régente d'Espagne, pendant la minorité de sa fille Isabelle II, Reine d'Espagne et Sa Majesté impériale le Duc de Bragance, Régent des royaumes de Portugal et des Algarves, au nom de la Reine Dona Maria II;

Intimement convaincues que les intérêts et la sûreté des deux couronnes exigent l'emploi immédiat et vigoureux des efforts réciproques pour terminer les hostilités qui si, d'abord, elles eurent pour but de renverser le trône de S. M. portugaise, fournissent aujourd'hui appui et protection aux sujets et mécontens du royaume d'Espagne; desirant, les dites Majestés, pourvoir à la fois aux moyens nécessaires pour rétablir la paix et le bonheur intérieur, et resserrer sur des bases réciproques et solides l’avenir des deux états, sont convenues de réunir leurs forces dans le but d'obliger l'Infant Don Carlos d'Espagne et l'Infant Don Miguel de Portugal à quitter les domaines de ce dernier royaume.

En conséquence de ces conventions, leurs Majestés régentes se sont adressées aux Majestés le Roi des Français et le Roi de la Grande-Bretagne et d'Irlande. Ces deux derniers princes considérant l'intérêt qu'ils doivent toujours prendre à la sûreté de la monarchie espagnole, et animés du plus ardent désir de contribuer à l'établissement de la paix, tant péninsulaire qu'européenne, et Sa Majesté Britannique, considérant, en outre, les obligations spéciales qui émanent de son ancienne alliance avec le Portugal, ont consenti d'agir comme parties dans le dit traité.

« PrécédentContinuer »