Rio de Janeiro, on the 14th day of September, 1808, in order to settle the terms upon which the packets are to be established, which convention shall be ratified at the same time with the present treaty.

15.-All goods and articles whatsoever of the produce, manufacture, industry, or invention of the dominions and subjects of his Britannic Majesty, shall be admitted into all 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, on paying, generally and solely, duties to the amount of 15 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 tariff 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 with the assistance of the superintendant, or administrator general of the customs, or of their respective deputies. And the aforesaid tariff shall be made and promulgated in each of the ports belonging to his Royal Highness the Prince Regent of Portugal, in which there are or may be custom-houses. And it shall be revised and altered if necessary, from time to time, either in the whole, or in part, whenever the subjects of his Britannic Majesty, resident within the dominions of his Royal Highness the Prince Regent of Portugal, shall make a requisition to that effect through the medium of his Britannic Majesty's consul general, or consul, or whenever the trading and commercial subjects of Portugal shall make the same requisition on their own part.

If any British goods should hereafter arrive in the ports of the Portuguese dominions without having been specifically valued and rated in the new tariff or pauta, they shall be admitted on paying the same duties of 15 per cent. ad valorem, according to the invoices of the goods, which shall be duly presented and sworn to by the parties importing the same. And in case that any suspicion of fraud, or unfair practices, should arise, the invoices shall be examined, and the real value of the goods ascer tained by a reference to an equal number of British and Portuguese merchants of known integrity and honour; and in case of a difference of opinion amongst them, followed by an equality of votes upon the subject, they shall then nominate another merchant likewise of known integrity and honour, to whom the matter shall be ultimately referred, and whose decision thereon shall be final, and without appeal. And in case the invoice should appear to have been fair and correct, the goods specified in it shall be admitted, on paying the duties above mentioned of 15 per cent.; and the expenses, if any, of the examination of the invoice, shall be defrayed by the party who called its fairness and correctness into question. But if the invoice should be found to be fraudulent and unfair, then the goods and merchandises shall be bought up by the officers of the customs on the account of the Portuguese government, ac cording to the value specified in the invoice, with an addition of 10 per cent. to the sum so paid for them by the officers of the customs, the Portuguese government engaging for the payment of the goods so valued and purchased by the officers of the customs within the space of fifteen days; and the expenses, if any, of the examination of the fraudulent invoice shall be paid by the party who presented it as just and

fair.

17.-Articles of military and naval stores brought into the ports of his Royal Highness the Prince Regent of Portugal, which the Portuguese government may be desirous of taking for its own use, shall be paid for without delay at the prices appointed by the proprietors, who shall not be compelled to sell such articles on any other terms.

If the Portuguese government shall take into its own care and custody any cargo, or part of a cargo, with a view to purchase, or otherwise, the Portuguese government shall be responsible for any damage or injury that the same may receive while in the care and custody of the officers of the Portuguese government.

18.-His Royal Highness the Prince Regent of Portugal is pleased to grant to the subjects of Great Britain the privilege of being assignantes for the duties to be paid in the custom-houses of his Royal Highness's dominions, on the same terms, and on giving the same security, as are required from the subjects of Portugal.

On the other hand, the subjects of the crown of Portugal shall receive, as far as it may be just or legal, the same favour in the custom-houses of Great Britain as is shown to the natural subjects of his Britannic Majesty.

19.-His Britannic Majesty does promise and engage, that all goods and articles whatsoever, of the produce, manufacture, industry, or invention of the dominions or

subjects of the Prince Regent of Portugal, shall be admitted into the ports and deminions of his Britannic Majesty, on paying generally and only the same duties that are paid upon similar articles by the subjects of the most favoured nation.

If any reduction of duties should take place exclusively in favour of British goods imported into the dominions of Portugal, an equivalent reduction shall take place on Portuguese goods and merchandises imported into his Britannic Majesty's dominions, and vice versa; the articles upon which such equivalent reduction is to take place being settled by previous concert and agreement between the two high contracting parties.

It is understood, that any such reduction so granted by either party to the other, shall not be granted afterwards (except upon the same terms and for the same compensation) in favour of any other state or nation whatsoever. And this declaration is to be considered as reciprocal on the part of the two high contracting parties.

20. But as there are some articles of the growth and production of Brazil, which are excluded from the markets and home consumption of the British dominions, such as sugar, coffee, and other articles similar to the produce of the British colonies; his Britannic Majesty, willing to favour and protect (as much as possible) the commerce of the subjects of his Royal Highness the Prince Regent of Portugal, consents and permits that the said articles, as well as all others the growth and produce of Brazil, and all other parts of the Portuguese dominions, may be received and warehoused in all the ports of his dominions, which shall be by law appointed to be warehousing ports for those articles, for the purpose of re-exportation, under due regulation, exempted from the greater duties with which they would be charged were they destined for consumption within the British dominions, and liable only to the reduced duties and expenses on warehousing and re-exportation.

21.-In like manner, notwithstanding the general privilege of admission thus granted in the 15th article of the present treaty by the Prince Regent of Portugal, in favour of all goods, the produce and manufacture of the British dominions, his Royal Highness reserves to himself the right of imposing heavy, and even prohibitory duties on all articles known by the name of British East Indian goods and West Indian Produce, such as sugar and coffee, which cannot be admitted for consumption in the Portuguese dominions, by reason of the same principle of colonial policy which prevents the free admission into the British dominions of corresponding articles of Brazilian produce.

But his Royal Highness the Prince Regent of Portugal consents that all the ports of his dominions, where there are or may be custom-houses, shall be free ports for the reception and admission of all articles whatsoever, the produce and manufacture of the British dominions, not destined for the consumption of the place at which they may be received or admitted, but for re-exportation, either for other ports of the dominions of Portugal, or for those of other states. And the articles thus received and admitted (subject to due regulations) shall be exempted from the duties with which they would be charged, if destined for the consumption of the place at which they may be landed or warehoused, and liable only to the same expenses that may be paid by articles of Brazilian produce received and warehoused for re-exportation in the ports of his Britannic Majesty's dominions.

22.-His Royal Highness the Prince Regent of Portugal is pleased to declare the port of St. Catharine to be a Free Port, according to the terms mentioned in the preceding article of the present treaty.

23.—His Royal Highness the Prince Regent of Portugal is pleased to render Goa a Free Port, and to permit the free toleration of all religious sects whatever in that city and in its dependencies.

24.--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 6th article of the present treaty.

25.-His Britannic Majesty consents to wave the right of creating factories or incorporated bodies of British merchants, within the dominions of Portugal: provided however, that this 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, 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 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.

26.-The two high contracting parties agree, that they will forthwith proceed to the revision of all other former treaties subsisting between the two 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, 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 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 power granted by former treaties, of carrying in the ships of either country, goods of any description whatever, the property of the enemies of the other country, which power is now mutually and publicly renounced and abrogated.

27. The reciprocal liberty of commerce and navigation, declared by the present treaty, shall be considered to extend to all goods whatsoever, except those articles the property of the enemies of either power, or contraband of war.

28. Under the name of contraband or prohibited articles shall be comprehended not only arms, cannon, arquebusses, 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, all 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."

29.-In case any vessels of war, or merchantmen, should be shipwrecked on the coasts of either of the high contracting parties, all such parts of the vessels, or of the furniture or appurtenances thereof, as also of goods 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.

30-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 searovers 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.

31.-If at any time there should arise any disagreement, breach of friendship, or rupture between the crowns of the high contracting parties, which God forbid, (which rupture shall not be deemed to exist until the recalling or sending home of their 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 order them 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 intrested individuals or to the st te.

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.

32. 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 should again establish the seat of the Portuguese monarchy within the European dominions of that crown.

33.-But the two high contracting parties do reserve to themselves the right of jointly examining and revising the several articles of this treaty at the end of fifteen years, counted in the first instance from the date of the exchange of the ratifications thereof, 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 intended suspension of such stipulation, for the purpose of avoiding mutual inconvenience.

34. 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 sig nature of the present treaty.

Done in the city of Rio de Janeiro, on the 19th day of February, 1810.

STRANGFORD.

CONDE DE LINHARES.

AGREEMENT between the BRITISH and PORTUGUESE COMMISSIONERS, on four points connected with the Execution of the TREATY of 1810. Signed at London, 18th December, 1812.

ARTICLE 1.-The official certificate of registry, signed by the proper officer of the British customs, shall be deemed sufficient to identify a British built ship; and on the production of such certificate she shall be admitted as such in any of the ports within the dominions of Portugal.

2.-Upon the importation of any goods from the United Kingdom, into any of the ports in the dominions of Portugal, all such goods shall be accompanied by the original cockets, signed and sealed by the proper officers of the British customs at the port of shipping, and the cockets belonging to each ship shall be numbered progressively, the total number stated on the first and last cocket, by the proper officers of customs, at the final clearance of each vessel at the British port: and it is further agreed, that prior to the final clearance by the searchers at the shipping port, the cockets for each ship must be collected and fastened together, to which shall be annexed a paper, with the number of the cockets, sealed with the official seal, and signed by the searchers; the cockets, so collected, shall be produced, together with the manifest sworn to by the captain, to the Portuguese consul, who shall certify the same on the manifest; the cockets thus secured together, and the manifest, so authenticated, to be returned to the searcher, in order to the final clearance of the ship.

3. It is agreed to place the Portuguese merchant on the same footing with the British, both with regard to the duties of scavage and package payable to the corporation of London, and the duties payable on shipping to the corporation of the Trinityhouse in London. To effect this, and at the same time to preserve the chartered rights of the corporation of London, and of the Trinity-house, it will be necessary that those duties should, in the first instance, be paid as at present, and in all cases where it shall appear that the Portuguese merchant shall have paid more than the British, the difference to be returned without expense, in such manner as the British government

shall direct.

4.-The importer shall, on making the entry at the Portuguese Custom-house, sign a declaration of the value of his goods, to such amount as he shall deem proper; and in case the Portuguese examining officers should be of opinion that such valuation is insufficient, they shall be at liberty to take the goods, on paying the importer the amount, according to his declaration, with the addition of 10 per cent., and also returning the duty paid.

*These ratifications were exchanged in London on the 19th of June, 1810.

The amount to be paid on the goods being delivered to the Portuguese officer, which must be within fifteen days from the first detention of the goods.

London, 18th December, 1812.

R. FREWIN.

WM. BURN.

A. T. SM. PAYO.

A. I. DA COSTA.

CONVENTION of COMMERCE between his BRITANNIC MAJESTY and the KING of PRUSSIA. Signed at London, April 2, 1824.

ARTICLE 1.-From and after the 1st day of May next, Prussian vessels entering or departing from the ports of the United Kingdom of Great Britain and Ireland, and British vessels entering or departing from the ports of his Prussian Majesty's dominions, shall not be subject to any other or higher duties or charges whatever, than are or shall be levied on national vessels entering or departing from such ports respectively.

2.-All articles of the growth, produce, or manufacture of any of the dominions of either of the high contracting parties, which are or shall be permitted to be imported into or exported from the ports of the United Kingdom and of Prussia, respectively, in vessels of the one country, shall, in like manner, be permitted to be imported into and exported from those ports in vessels of the other.

3.-All articles not of the growth, produce, or manufacture of the dominions of his Britannic Majesty, which can legally be imported from the United Kingdom of Great Britain and Ireland into the ports of Prussia, in British ships, shall be subject only to the same duties as are payable upon the like articles, if imported in Prussian ships; and the same reciprocity shall be observed in the ports of the United Kingdom, in respect to all articles not the growth, produce, or manufacture of the dominions of his Prussian Majesty, which can legally be imported into the ports of the United Kingdom in Prussian ships.

4.-All goods, which can legally be imported into the ports of either country, shall be admitted at the same rate of duty, whether imported in vessels of the other country, or in national vessels; and all goods which can be legally exported from the ports of either country, shall be entitled to the same bounties, drawbacks, and allowances, whether exported in vessels of the other country, or in national vessels.

5.-No priority or preference shall be given, directly or indirectly, by the government of either country, or by any company, corporation, or agent, acting on its behalf, or under its authority, in the purchase of any article, the growth, produce, or manu facture of either country, imported into the other, on account of, or in reference to, the character of the vessel in which such article was imported; it being the true intent and meaning of the high contracting parties, that no distinction or difference whatever shall be made in this respect.

6.—The present convention shall be in force for the term of ten years from the date hereof; and further, until the end of twelve months after either of the high contracting parties shall have given notice to the other of its intention to terminate the same; each of the high contracting parties reserving to itself the right of giving such notice to the other, at the end of the said term of ten years: and it is hereby agreed between them, that at the expiration of twelve months after such notice shall have been received by either party from the other, this convention, and all the provisions thereof, shall altogether cease and determine.

7.-The present convention shall be ratified, and the ratifications shall be exchanged at London within one month from the date hereof, or sooner if possible.

In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at London the 2d day of April, 1824.

GEORGE CANNING.

W. HUSKISSON.

WERTHER.

For the Order in Council, dated May 25, 1824, respecting Prussian vessels, see page 517.

For the Treasury Letter, dated October 13, 1824, respecting Pilotage, see page 183. For the Order in Council, dated May 3, 1823, respecting trading to British Possessions abroad, see BRITISH POSSESSIONS ABROAD, post.