Hunts Merchants Magazine and Commercial Review di Isaac Smith Homans – New York 1857
COMMERCIAL INTERCOURSE BETWEEN THE U. STATES AND TWO SICILIES.
TREATY BETWEEN THE UNITED 8TATE8 OF AMERICA
AND THE KING OF THE KINGDOM OF THE TWO SICILIES
We publish below, from an official copy, all the articles of the convention between the United States and the King of the Two Sicilies. This treaty was signed in duplicate at Naples, on the part of the United States by our Minister, Hon. Robert Dale Owen, and by Luigi Carafe, Principe Di Cometeni, and Giuseppe Mario Arpino, officials, on the part of the King of the Two Sicilies, on the 1st day of October, 1855, and being duly ratified on both parts, and the respective ratifications of the same exchanged, the President of the United States signed the same at Washington, on the 10th of December, 1856. The preamble to the treaty, (a large portion of which is occupied with the - titles of the King, &c, of the Two Sicilies,) sets forth the reasons for its adoption as follows:—
"The United States of America and his Majesty the King of the Kingdom of the Two Sicilies, equally animated with the desire to strengthen and perpetuate the relations of amity and good understanding which have at all times subsisted between the two countries; desiring also to extend and consolidate the commercial intercourse between them; and convinced that nothing will more contribute to the attainment of this desirable object than an entire freedom of navigation, the abolition at all differential duties of navigation and of commerce, and a perfect reciprocity, based on principles of equity, equally beneficial to both countries, and applicable alike in peace and in war, have resolved to conclude a general convention of amity, commerce, navigation, and for the surrender of fugitive criminals."
Article 1. It is the intention of the two high contracting parties that there shall be, and continue through all time, a firm, inviolable, and universal peace, and a true and sincere friendship between them and between their respective territories, cities, towns, and people, without exception of persons or places. Bat if, notwithstanding, the two nations should unfortunately become involved in war, one with the other, the term of six months, from and after such declaration thereof, shall be allowed to the merchants and other inhabitants respectively on each side, during which term they shall be at liberty to withdraw themselves, with all their effects, which they shall have the right to carry away, send away, or sell, as they please, without hinderance or molestation. During such period of six months their persons and their effects, including money, debts, shares in the pub-He funds or in banks, and any other property, real or personal, shall be exempt from confiscation or sequestration; and they shall be allowed freely to sell and convey real estate to them belonging, and to withdraw and export the proceeds without molestation, and without paying, to the profit of the respective governments, any taxes or dues other or greater than those which the inhabitants of the country wherein such real estate is situated shall, in similar cases, be subject to pay. And passports, valid for a sufficient term for their return, 6hall be granted, as a safe conduct for themselves, their vessels, and the money and effects which they may carry or send away, against the assaults and prizes which may be attempted against their persons and effects, as well by vessels-of-war of the contracting parties as by their privateers.
Art. 2. Considering the remoteness of the respective countries of the two contracting parties, and the uncertainty resulting therefrom, with respect to the various events which may take place, it is agreed that a merchant-vessel belonging to either of them which may be bound to a port, supposed at the time of its departure to be blockaded, shall not, however, be captured or condemned for having attempted, a first time, to enter said port, unless it can be proved that said vessel could, and ought to have learned during its voyage, that the blockade of the place in question still continued. But all vessels which, after having been warned off once, shall, during the same voyage, attempt a second time to enter the same blockaded port during the continuance of the same blockade, shall thereby subject themselves to be detained and condemned.
By blockaded port is understood one into which, by the disposition of the power which attacks it, with a proportionate number of ships sufficiently near, there is evident danger in entering.
Art. 3. The high contracting parties, in order to prevent and avoid all dispute by determining, with certainty, what shall be considered by them contraband l time of war, and as such cannot be conveyed to the countries, cities, places, or seaports of their enemies, have declared and agreed that under the name of contraband of war shall be comprised only cannons, mortars, petards, grenades, muskets, balls, bombs, gun-carriages, gunpowder, saltpeter, matches, troops, whether infantry or cavalry, together with all that appertains to them: as also every other munition of war, and generally, every species of arms, and instruments in iron, steel, brass, copper, in any other material whatever, manufactured, prepared, and made expressly for purposes of war, whether by land or sea.
And it is expressly declared and understood that the merchandise above set forth as contraband of war shall not entail confiscation, either on the vessel on which it shall have been loaded, or on the merchandise forming the rest of the cargo of said vessel, whether the said merchandise belong to the same or to a different owner.
Art. 4. The citizens and subjects of each of the high contracting parties shift have free and undoubted right to travel and reside in the States of the other, remaining subject only to the precautions of police which are practiced towards the citizens or subjects of the most favored nations.
Art. 5. The citizens or subjects of one of the high contracting parties, traveling or residing in the territories of the other, shall be free from all military service, whether by land or sea, from all billeting of soldiers in their houses, from every extraordinary contribution, not general and by law established, and from all forced loans; nor shall they be held, under any pretense whatever, to pay any taxes or impositions, other or greater than those which are, or may hereafter be, paid by the subjects or citizens of the most favored nations in the respective States of the high contracting parties. Their dwellings, warehouses, and all premises appertaining thereto, destined for purposes of commerce or residence, shall be respected. No arbitrary searches of, or visit to, their houses, whether private or of business, and no arbitrary examination or inspection whatever of their books, papers, or accounts of trade, shall be made; but such measures shall have place only in virtue of warrant granted by the judicial authorities. And each of the high contracting parties expressly engages that the citizens or subjects of the other, residing in their respective States, shall enjoy their property and personal security, in as full and ample a manner as their own citizens or sabjects, or the citizens or subjects of the most favored nations.
Art. 6. The citizens and subjects of each of the contracting parties residing in the States of the other, shall be entitled to sarry on commerce, arts, or trade, and to occupy dwellings, shops, and warehouses, and to dispose of their property of every kind, whether real or personal, by sale, gift, exchange, or in any other way, without hinder once or obstacle. And they shall be free to manage their own affairs themselves, or to commit those affairs to persons whom they may appoint as broker, factor, or agent; nor shall they be restrained in their choice of persons to act in such capacities; nor shall they be called upon to pay any salary or remuneration to any person whom they snail not choose to-employ. Absolute freedom shall also be given, in all cases, to the buyer and seller to bargain together, and also to fix the price of any goods or merchandise imported into, or to be exported from, the States of either of the contracting parties, save and except cases where the laws of the said States may require the intervention of special agents, or where, in either of the countries, articles may be the subject of a government monopoly, as at present in the Kingdom of the Two Sicilies, the royal monopolies of tobacco, salt, playing cards, gunpowder, and saltpeter.
It being expressly understood, however, that none of the provisions of the present treaty shall be so construed as to take away the right of either of the high contracting parties to grant patents of invention or improvement, either to the inventors or to others, and that the principles of reciprocity established by this treaty shall not extend to premiums which either of the high contracting parties may grant to their own citizens or subjects, for the encouragement of the building of ships, to sail under their own flag.
Art 7. As to any citizen or subject of either of the high contracting parties dying within the jurisdiction of the other, his heirs, being citizens or subjects of the other, shall succeed to his personal property, and either to his real estate, or the proceeds thereof, whether by testament or ab inestato; and may take possession thereof, either by themselves, or by others acting for them; and may dispose of too same at will, paying to the profit of the respective governments such does only as the inhabitants of the country wherein the said property is, shall be subject to pay in like cases. And in case of the absence of the heir, or of his representatives, the same care shall be taken of the said property as would be taken, in like cases, of the effects of the natives of the country itself; the respective consular agents having notice from the competent judicial authorities, of the day and hoar in which they will proceed to the imposing or removing of seals, and to the making out of an inventory, in all cases where such proceedings are required by law; so that the said consular agent may assist thereat. The respective consuls may demand the delivery of the hereditary effects of their countrymen, which shall be immediately delivered to them, if no formal opposition to such delivery shall have been made by the creditors of the deceased, or otherwise, as soon as such opposition shall have been legally overruled. And if a question shall arise as to the rightful ownership of said property, the same shall be finally decided by the laws and judges of the land, wherein the said property is. And the citizens and subjects of either of the contracting parties in the States of the other, shall have free access to the tribunals of justice of said States, on the same terms which are granted by the laws and usages of the country to native citizens or subjects; and they may employ, in defense of their interests and rights, such advocates, attorneys, and other agents, being citizens or subjects of the other, as they may choose to select.
Art. 8. There shall be, between the territories of the high contracting parties, reciprocal liberty of commerce and navigation; and to that effect, the vessels of their respective States shall mutually have liberty to enter the ports, places, and rivers of the territories of each party, wherever national vessels arriving from abroad are permitted to enter. And all vessels of either of the two contracting parties, arriving in the ports of the other, shall be treated on their arrival, during their stay, and at their departure, on the same footing as national vessels, as regarde port charges, and all charges of navigation, such as of tonnage, lighthouses, pilotage, anchorage, quarantine, fees of public functionaries, as well as all taxes or impositions of whatever sort, and under whatever denomination, received in the name, and for the benefit of the government, or of local authorities, or of any private institution whatsoever, whether the said vessel arrive or depart in ballast, or whether they import or export merchandise.
Art. 9. The national character of the vessels o| the respective countries shall be recognized, and admitted by each of the parties, according to its own laws and special rules, by means of papers granted by the competent authorities to the captains or masters. And no vessel of either of the contracting parties shall be entitled to profit by the immunities and advantages granted in the present treaty, unless they are provided with the proper papers and certificates, as required by the regulations existing in the respective countries, to establish their tonnage and their nationality.
Art. 10. The vessels of each of the contracting parties shall be allowed to introduce into the ports of the other, and to export thence, and to deposit and store there, every sort of goods, wares, and merchandise, from whatever place the same may come, the importation and exportation of which are legally permitted in the respective States, without being held to pay other or heavier custom-house duties or imposts, of whatever kind or name, other, or of higher rate, than those which would be paid for similar goods or products, if the same were imported or exported in national vessels; and the same privileges, drawbacks, bounties, and allowances, which may be allowed by either of the contracting parties on any merchandise imported or exported in their own vessels, shall be allowed also on similar produce imported or exported in vessels of the other party.
Art. 11. No priority or preference shall be given, directly, or indirectly, by either of the contracting parties, nor by any company, corporation, or agent, in their behalf, or under their authority, in the purchase of any article of commerce lawfully imported 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 contracting parties that no distinction or difference shall be made in this respect.
Art. 12. The principles contained in the foregoing articles shall be applicable, in all their extent, to vessels of each of the high contracting parties, and to their cargoes, whether the said vessels arrive from the ports of either of the contracting parties, or from those of any other foreign country, so that, as for as regards dues of navigation, or of customs, there shall not be made, either in regard to direct, or indirect navigation, any distinction whatever between the vessels of the two contracting parties.
Art. 13. The above stipulations shall not, however, extend to fisheries, nor to the coasting trade from one port to another in each country, whether for passengers or merchandise, and whether by sailing vessels or steamers, such navigation and traffic being reserved exclusively to national vessels. But, notwithstanding, the vessels of either of the two contracting parties may load or unload, in part, at one or more ports of the territories of the other, and then proceed to any other port or ports in said territories, to complete their loading or unloading, in the same manner as a national vessel might do.
Art. 14. No higher or other duty shall be imposed on the importation, by sea or land, into the United States, of any article toe growth, produce, or manufacture of the Kingdom of the Two Sicilies, or of her fisheries; and no higher or other duty shall be imposed on the importation, by sea or by land, into the Kingdom of the Two Sicilies, of any article the growth, produce, or manufacture of the United States, or their fisheries, than are, or shall be, payable on the like articles the growth, produce, or manufacture, of any other foreign country.
No other or higher duties and charges shall be imposed in the United States on the exportation of any article to the Kingdom of the Two Sicilies, or in the Kingdom of the Two Sicilies, on the exportation of any article to the United States, than such as arc, or shall be, payable on the exportation of the like article to any foreign country. And no prohibition shall be imposed on the importation or exportation of any article the growth, produce, or manufacture of the United 8tates, or their fisheries, or of the Kingdom of the Two Sicilies, and her fisheries, from or to the ports of the United States, or of the Kingdom of the Two Sicilies, which shall not equally extend to every other foreign country.
Art. 15. If either of the high contracting parties shall hereafter grant to any other nation any particular favor, privilege, or immunity, in navigation or commerce, it shall immediately become common to the other party freely, where it m freely granted to such other nation, and on yielding the same compensation, or a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, when the grant is conditional.
Art. 16. The vessels of either of the high contracting parties, that may be constrained, by stress of weather, or other accident, to seek refuge in any port within the territories of the other, shall be treated there, in every respect, as a national vessel would be, in the same strait; provided, however, that the causes which gave rise to this forced landing are real and evident; that the vessel does not engage in any commercial operation, as loading or unloading merchandise, and that its stay in the said port is not prolonged beyond the time rendered necessary by the causes which constrained to land; it being understood, nevertheless, that any landing of passengers, or any loading or unloading, caused by operations of repair of the vessel, or by the necessity of providing subsistence for the crew, shall not be regarded as a commercial operation.
Art. 17. In case any ship-of-war, or merchant vessel, shall be wrecked on the coasts, or within the maritime jurisdiction of either of the high contracting parties, such ships or vessels, or any parts thereof, and all furniture or appurtenances belonging thereto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored, with the least possible delay, to the proprietors, on being claimed by them, or by their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said roods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Sicilian consul, or vice-consul, in whose district the wreck may have taken place, and such consul, vice-consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage and expenses of quarantine, which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties, unless cleared for consumption; it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country.
Art. 18. Each of the contracting parties grants to the other, subject to the usual exequatur, the liberty of having, in the ports of the other, where foreign commerce is usually permitted, consuls, vice-consuls, and commercial agents, of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations; bat it any such consul, vice-consul, or commercial agent, shall exercise commerce, be shall be subjected to the same laws and usages to which private individuals of the nation are subjected in the same place. And whenever either of the two contracting parties shall select for a consular agent a citizen or subject of this last, such consular agent shall continue to be regarded, notwithstanding hie quality of foreign consul, as a citizen or subject of the nation to which he belongs, and consequently shall be submitted to the laws and regulations to which natives are subjected. This obligation, however, shall not who construed, so as to embarrass his consular functions, nor to affect the inviolability of the consular archieves..
Art. 19. The said consuls, vice-consuls, and commercial agents shall have the right, as such, to judge in quality of arbitrators, such differences as may arise between the masters 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 crew, or of the captain, should disturb the public peace or order of the country, or such consul, vice-consul, or commercial agent should require their assistance to cause his decisions to be carried into effect or supported. Nevertheless, it is understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return home, to the judicial authorities of their own country.
Art. 20. The said consuls, vice-consuls, and commercial agents may cause to be arrested and sent back, either on board or to their own country, sailors and all other persons who, making a regular part of the crews of vessels of the respective nations, and having embarked under some other name than that of passengers, shall have deserted from the said vessels. For this purpose they shall apply to the competent local authorities, proving, by the register of the vessel, the roll of the crew, or, if the vessel shall have departed, with a copy of the said papers, duly certified by them, that the persons they claim formed part of the anew; and on sacs a reclamation, thus substantiated, the surrender of the de-asters shall not be denied. Every assistance shall also be given to them for the recovery and arrest of such deserters; and the same shall be detained and kept in the prisons of the country, at the request and cost of the consuls, until the said consult shall have found an opportunity to send them away. It being understood, however, that if such an opportunity shall not occur in the space of four months from the date of their arrest, the said deserters shall be set at liberty, and ibsll aot be again arrested for the same cause. Nevertheless, if the deserter shall be found to have committed any other crime or offense on shore, his surrender may Le delayed by the local authorities until the tribunal before which his case shall be pending shall have pronounced its sentence, and until such sentence shall have keen carried into effect
Art. 21. It is agreed that every person who, being charged with or condemned for any of the crimes enumerated in the following article, committed within the statet of one of the high contracting parties, shall seek asylum in the States, or ob board the vessels on war of tbe other party, shall be arrested and consigned to justice on demand made, through the proper diplomatic channel, by the government within whose territory the offense shall have been committed. This surrender and delivery shall not, however, be obligatory on either of the high contracting parties, until the other shall have presented a copy of the judicial declaration or sentence establishing the culpability of the fugitive, in case such sentence or declaration shall nave been pronounced. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demanding government shall have furnished such proof as would have been sufficient to justify the apprehension, and commitment for trial, of the accused, if the offense had been committed in the country where he shall have taken refuge.
Art. 22. Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following crimes, to wit:—Murder, (including assassination, parricide, infanticide, and poisoning; attempt to commit murder; rape; piracy; arson; the making and uttering of false money; forgers, (including forgery of evidences of public debt, bank bills, and bills of exchange; robbery with violence; intimidation or forcible entry of an inhabited house; embezzlement by public officers, including appropriation of public funds; when these crimes are subject by the code of the Kingdom of the Two Sicilies to the punishment della reclusione, or other severer punishment, and by the laws of the United States to infamous punishment.
Art. 23. On the part of each country the surrender of fugitives from justice hall be made only by the authority of the executive thereof. And all expenses whatever of detention and delivery, effected is virtue of the preceding articles, shall be at the cost of the party making the demand.
Art. 24. The citizens and subjects of each of the high contracting parties shall remain exempt from the stipulations of the preceding articles, so far as they relate to the surrender of fugitive criminals, nor shall they apply to offenses committed before the date of the present treaty, nor to offenses of a political character, unless the political offender shall also have been guilty of some one of the crimes enumerated in article 22.
Art. 25. The present treaty shall take effect from the day in which ratification shall be exchanged, and shall remain in force for the term of ten years, 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 said contracting parties reserving to itself the right to give such notice at the end of said term of ten years, or at any subsequent time.
It having been stipulated in article 11 of the treaty of the 1st December. 1845, that the red and white wines, of every kind, of the Kingdom of the Two Sicilies, including those of Marsala, which may be imported directly into the United 8tates of America, whether in vessels of the one or of the other country, shall not pay other or higher duties than the red and white wines of tie most favored nations; and in like manner, that the cottons of the United States of America which may be imported directly into the Kingdom of the Two Sicilies, whether in vessels of the one or of the other nation, shall not pay other or higher duties than the cottons of Egypt, Bengal, or the most favored nations;
And it being agreed in the new treaty concluded between the United States of America and the Kingdom of the Two Sicilies, and to-day signed by the undersigned, not only that no duties of customs shall be paid on merchandise, the produce of one of the two countries imported into the other country, other or higher than shall be paid on merchandise of the same kind the produce of any other country, but also, that as to all duties of navigation or of customs, there shall not be made, as to the vessels of the two countries, any distinction whatever between direct and indirect navigation;
The undersigned declare, as to the construction of the new treaty, from the day on which the ratification thereof shall be exchanged, that the red and white wines, of every kind, of the Kingdom of the Two Sicilies, including the wine of Marsala, which shall be imported into the United 8tates of America, shall not pay other or higher duties than are paid by the red and white wines of the most favored nations.
And. in like manner, that the cottons of the United States which shall be imported into the Kingdom of the Two Sicilies shall not pay other or higher duties than the cottons of Egypt, Bonsai, or the most favored nations.
The present declaration shall be considered as an integral part of the said new treaty, and shall be ratified, and the ratifications thereof exchanged, at the same time as those of the treaty itself.
The above treaty having been ratified by the President of the United States, with the advice and consent of the Senate, and by the King of the Two Sicilies, and the ratifications exchanged within the time (twelve months) specified, is now in fall force.
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