Convention of Commerce between the United Kingdom of Great Britain and Ireland and the United States of America, and Declaration by United Kingdom regarding St Helena
Source: http://www.austlii.edu.au/au/other/dfat/treaties/1901/107.html, downloaded on 20061018.
His Britannic Majesty and the United States of America, being desirous by a Convention, to regulate the commerce and navigation between their respective countries, territories and people, in such a manner as to render the same reciprocally beneficial and satisfactory, have respectively named Plenipotentiaries, and given them full Powers to treat of and conclude such Convention; that is to say, His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, has named for His Plenipotentiaries the Right Honourable Frederick John Robinson, Vice-President of the Committee of Privy Council for Trade and Plantations, Joint Paymaster of His Majesty's Forces, and a Member of the Imperial Parliament; Henry Goulburn, Esq, a Member of the Imperial Parliament, and Under Secretary of State; and William Adams, Esq, Doctor of Civil Laws; and the President of the United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiaries John Quincy Adams, Henry Clay, and Albert Gallatin, citizens of the United States; and the said Plenipotentiaries having mutually produced and shown their said full Powers, and exchanged copies of the same, have agreed on and concluded the following Articles; viz.
Article I
There shall be between all the territories of His Britannic Majesty in Europe, and the territories of the United States, a reciprocal liberty of commerce. The inhabitants of the two countries respectively shall have liberty freely and securely to come with their ships and cargoes to all such places, ports and rivers in the territories aforesaid, to which other foreigners are permitted to come, to enter into the same, and to remain and reside in any parts of the said territories respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and generally the merchants and traders of each nation respectively shall enjoy the most complete protection and security for their commerce; but subject always to the laws and statutes of the two countries respectively.
Article II
No higher or other duties shall be imposed on the importation into the territories of His Britannic Majesty in Europe, of any articles the growth, produce or manufacture of the United States, and no higher or other duties shall be imposed on the importation into the United States, of any articles the growth, produce or manufacture of His Britannic Majesty's territories in Europe, than are or shall be payable on the like articles, being the growth, produce or manufacture of any other foreign country, nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to His Britannic Majesty's territories in Europe, or to the United States, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of any articles, the growth, produce or manufacture of the United States, or of His Britannic Majesty's territories in Europe, to or from the said territories of His Britannic Majesty in Europe, or to or from the said United States, which shall not equally extend to all other nations.
No higher or other duties or charges shall be imposed in any of the ports of the United States on British vessels, than those payable in the same ports by vessels of the United States: nor in the ports of any of His Britannic Majesty's territories in Europe on the vessels of the United States, than shall be payable in the same ports on British vessels.
The same duties shall be paid on the importation into the United States of any articles, the growth, produce or manufacture of His Britannic Majesty's territories in Europe, whether such importation shall be in vessels of the United States or in British vessels, and the same duties shall be paid on the importation into the ports of any of His Britannic Majesty's territories in Europe, of any article, the growth, produce or manufacture of the United States, whether such importation shall be in British vessels or in vessels of the United States.
The same duties shall be paid, and the same bounties allowed on the exportation of any articles, the growth, produce or manufacture of His Britannic Majesty's territories in Europe, to the United States, whether such exportation shall be in vessels of the United States, or in British vessels; and the same duties shall be paid, and the same bounties allowed, on the exportation of any articles, the growth, produce or manufacture of the United States, to His Britannic Majesty's territories in Europe, whether such exportation shall be in British vessels, or in vessels of the United States.
It is further agreed, that in all cases where drawbacks are or may be allowed, upon the re-exportation of any goods, the growth, produce or manufacture of either country respectively, the amount of the said drawbacks shall be the same whether the said goods shall have been originally imported in a British or American vessel; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of His Britannic Majesty in Europe in an American vessel, to any other foreign nation, the two Contracting Parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback.
The intercourse between the United States and His Britannic Majesty's possessions in the West Indies, and on the continent of North America, shall not be affected by any of the provisions of this Article, but each Party shall remain in the complete possession of its rights, with respect to such an intercourse.
Article III
His Britannic Majesty agrees that the vessels of the United States of America shall be admitted, and hospitably received, at the principal settlements of the British dominions in the East Indies, viz, Calcutta, Madras, Bombay and Prince of Wales's Island, and that the citizens of the said United States may freely carry on trade between the said principal settlements and the said United States, in all articles of which the importation and exportation, respectively, to and from the said territories, shall not be entirely prohibited: provided only, that it shall not be lawful for them in any time of war, between the British Government and any State or Power whatever, to export from the said territories, without the special permission of the British Government, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted, no higher or other duty or charge than shall be payable on the vessels of the most favoured European nations, and they shall pay no higher or other duties or charges on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in the vessels of the most favoured European nations.
But it is expressly agreed, that the vessels of the United States shall not carry any articles from the said principal settlements to any port or place, except to some port or place in the United States of America, where the same shall be unladen.
It is also understood, that the permission granted by this Article, is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories, but the vessels of the United States having, in the first instance, proceeded to one of the said principal settlements of the British dominions in the East Indies, and then going with their original cargoes, or any part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. The vessels of the United States may also touch, for refreshment, but not for commerce, in the course of their voyage to or from the British territories in India, or to or from the dominions of the Emperor of China, at the Cape of Good Hope, the island of St Helena, or such other places as may be in the possession of Great Britain, in the African or Indian seas; it being well understood that in all that regards this Article, the citizens of the United States shall be subject, in all respects, to the laws and regulations of the British Government, from time to time established.
Article IV
It shall be free for each of the two Contracting Parties respectively to appoint consuls, for the protection of trade, to reside in the dominions and territories of the other Party; but before any consul shall act as such, he shall in the usual form be approved and admitted by the Government to which he is sent; and it is hereby declared, that in case of illegal or improper conduct towards the laws or government of the country to which he is sent, such consul may either be punished according to law, if the laws will reach the case, or be sent back, the offended Government assigning to the other the reasons for the same.
It is hereby declared, that either of the Contracting Parties may except from the residence of consuls such particular places as such Party shall judge fit to be so excepted.
Article V
This Convention, when the same shall have been duly ratified by His Britannic Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on His Majesty and on the said United States for four years from the date of its signature; and the ratifications shall be exchanged in six months from this time, or sooner if possible.
DONE at London, this 3rd of July, 1815.
[Signed:]
FRED J ROBINSON
HENRY GOULBURN
WILLIAM ADAMS
[Signed:]
JOHN Q ADAMS
H CLAY
ALBERT GALLATIN
DECLARATION
The undersigned, His Britannic Majesty's Chargé d'Affaires in the United States of America, is commanded by His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, to explain and declare, upon the exchange of the ratifications of the Convention, concluded in London on 3 July of the present year, for regulating the commerce and navigation between the two countries, that in consequence of events which have happened in Europe subsequent to the signature of the Convention aforesaid, it has been deemed expedient and determined, in conjunction with the Allied Sovereigns, that St Helena shall be the place allotted for the future residence of General Napoleon Buonaparte, under such regulations as may be necessary for the perfect security of his person, and it has been resolved, for that purpose, that all ships and vessels whatever, as well British ships and vessels as others, excepting only ships belonging to the East India Company, shall be excluded from all communication with or approach to that island.
It has therefore become impossible to comply with so much of the 3rd Article of the Treaty as relates to the liberty of touching for refreshment at the island of St Helena, and the ratifications of the said Treaty will be exchanged under the explicit declaration and understanding that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with the said island, so long as the said island shall continue to be the place of residence of the said Napoleon Buonaparte.
Washington, 24 November 1815.
[Signed:]
ANTHONY ST JOHN BAKER
