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Grants which have been annulled by the foregoing Spanish Treaty.

1. Grant to the Duke of Alagon, February 6, 1818,

433

2.

Grant to the Count of Punonrostro, February 6, 1818,
3. Grant to Don Pedro de Vargas, April 9, 1818,

435

439

4. Surrender of the Floridas by Spain,

440

5.

Proclamation, by Major General Andrew Jackson, Governor of the Provinces
of the Floridas,

442

SWEDEN.

1. Of amity and commerce, of the 3d of April, 1783; negotiated at Paris, by
Gustavus Philip de Creutz, on the part of Sweden, and Benjamin Franklin, on
the part of the United States. Ratified by Congress, on the 29th July, 1783.
By a separate article to this treaty it was to have full effect only for 15 years,
counting from the day of ratification. It consequently expired July 29, 1798. 168
Art. 1. Firm, inviolable, and universal peace, and true and sincere friendship
2. Neither party to grant favors in commerce, to other nations, that shall not imme-
diately become common to the other party

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3. Subjects of Sweden not to pay higher duties or imposts, in the ports of the United
States, than the most favored nation shall be obliged to pay

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4. Citizens of the United States not to pay in the ports of Sweden, &c.
5. Full, perfect, and entire liberty of conscience, and rights of burial secured
6. Citizens of each country, to enjoy in that of the other, the rights of devise, donation,
and of inheritance without naturalization,

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7. Free trade allowed with an enemy-free ships make free goods—persons except sol-
diers in the actual service of an enemy, to be secure in free ships.

8. Free trade in all kinds of merchandize, except contraband

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10. Discrimination with respect to goods, not contraband—definition of blockade,
11. In case of war with a third power, ships and vessels to be furnished with sea letters &c 176
12. Vessels, if required, shall exhibit their sea-letters and certificates-vessels not having
contraband goods, may pass-vessels under convoy to pass without exhibiting
papers, on the word of the commander of the convoy

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13. In case of capture for carrying contraband to an enemy, hatches not to be broken up
at sea-the ship, &c. not to be affected by the contraband on board--on delivery of
contraband by the master, the vessel may pursue her voyage-in cases of captures,
where goods are free, captors to pay the costs

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176

176

14. Goods found in an enemy's ship liable to be confiscated, unless put on board before
the declaration of war, or within 6 months after. 15. Commanders of public and
private armed vessels, to be answerable in their persons and goods, for injuries, &c 178
16. Every person fitting out a privateer, before he receives a commission, to give bond
to answer all damages. 17. Vessels, etc. of one of the parties, being neutral,
recaptured by the other, to be restored on proof-persons and property not to be
detained by force,on either side, on any pretext---this restriction not to extend to
arrests, made in furtherance of justice
. 180

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18. Regulations respecting recaptures, in case the two nations should be at war with a
common enemy-1. Vessels of each party, retaken by privateers of the other, and
not having been more than 24 hours in the possession of an enemy, to be restored
on payment of one-third value of ship and cargo; if more than 24 hours, the captors
to have the whole. 2. Vessels of either party retaken by men of-war, from an
enemy, not having had possession 24 hours, to be restored on payment of a 80th

part of vessel and cargo; if longer in possession of an enemy, a 10th part. 3. Re-
captures to be restored on proof and security. 4. The legality of prizes, on each
side, to be determined in the ports of the other,according to the laws of the respect-
ive countries. 5. Each party may make necessary regulations for men-of-war,
and privateers, with respect to prizes carried into the ports of the other
19. The armed vessels of either party, allowed to enter and freely depart the ports of the
cther, with their prizes

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. 182

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20. In case of shipwreck, relief shall be afforded, and goods restored, on paying costs of
of salvage, if claimed within a year and a day. 21 When vessels of either party
shall be forced by stress of weather into ports of the other, they shall be treated
with bumanity, and permitted to depart. 22. In case of war, nine months shall
be allowed to citizens or subjects to sell, or to transport their effects,
23. The citizens and subjects of each party not to take commissions or letters of marque,
from any prince or state with whom the other is at war,
24. Ships and vessels of either party coming on the coasts, or entering the ports of the
other without wishing to unload; not obliged to break balk,

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25. Armed vess Is of either party visiting merchant ships of the other, under the right of
search, to remain out of cannon shot

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26. Each party allowed to have consuls in the ports of the other
Separate arts. 1. The king of Sweden to project vessels and effects of citizens of the U. S. &c. 188
2. The United Stated to protect vessels and cifects of the subjects of Sweden
: ib

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3 In case of war betw. different powers at sea,each part to give convoy to the other,&c. 190
4. Regulations concerning the trans acting of business by citizens or subjects of either par-
ty in the dominions of the other
5. Merchandise not to be examined after it has been put on board; examination to take
place before lading, except in case of fraud-no seizure of ships or merchandise on
account of wanting to take on board contraband

ib

2. Of anity and commerce, of the 4th September, 1816: negotiated at Stockholm,
by Jonathan Russell, on the part of the United States, and Le Comté d'En-
gerstrom and Le Comté A. G. de Morner, on the part of Sweden. Ratified on
the 25th September, 1818. To be in force for eight years from the day of
ratification, it therefore expired on the 25th of Sept., 1826.....
192
Art. 1. Reciprocal liberty of commerce-complete protection for merchants, &c. . . 194
2. No other or higher duties upon the importation of the produce or manufactures of
one party into the ports of the other, than the same articles should be subjected
to, if they be the growth of other countries-the same principle as to exports, ar-
tiel s not to be subjected to higher fees than if they were exported to any other
country whatever-no prolubition on the exportation or importation of the produc-
tions of each, which does not equally extend to all other nations-equalization of
duties as to the vessels and cargoes of either nation arriving in, or departing from,
the ports of the other, the cargoes being of the produce or manufacture of one of
them—the equalization of duties extended to the Island of St. Bartholomews
4. Reciprocal duties on the growth and productions of each other

5. Proceedings sgainst consuls offending against the laws-archives, &c. inviolate-con-
suls and their deputies to have the right to act as judges-extent of the right—
rights reserved to the parties under consular directions

7. Vessels and cargoes may enter ports and depart in pursuance of their voyage, without
breaking bulk, on paying pilotage, quayage &c if those charges have been in-
curred-limitation of this privilege

9. Vessels may land part of their cargoes, and proceed with the remainder, on paying the
proportioned duties-exception as to vessels

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9. Rights and privileges of entrepot

10. Regulations in case of shipwreck
11. Quarantine regulations

ib

ib

204

12. The treaty of Paris, concluded in 1783, revived in part-exception as to the effect of
the Treaty of 1785, in relation to either powers,205. Stipulations concerning blockade 206
14. This treaty to endure for eight years after the exchange of the ratifications until 25th
September 1826

.

206

3. Treaty of Commerce and Navigation, between the United States of America
and his Majesty the King of Sweden, concluded on the 4th of July, 1827, on
the part of the U. S. by J. J. Appleton, of Sweden by G. Count de Wetterstedt. 208
Mutual desire to continue the good understanding between the two countries.-J J. Ap-
pleton on the part of the United States, and sieur Gustave Count de Wetterstedt,
on the part of Sweden; negotiators. Art. 1. Reciprocal rights of commerce,

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208

personal protection in mercantile transactions.
Swedish and Norwegian vessels, and of St. Bartholomew, arriving in the U. States
to be treated on the same footing as national vessels.-Reciprocally the same foot-
ing to be extended to American vessels in the ports of Sweden and Norway. . . 210
3. Imports in Swedish vessels, to those of St. Barts, to pay no higher duties than nation-
al vessels.—And, reciprocally imports into Sweden or St Barts, in the U. States
vessels not to pay higher duties than national vessels. 4. The same principle
as to exports to govern both nations.

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210

5. Stipulations contained in the three preceding articles, to be applied to the vessels of
both parties, laden or not laden. 6. Coastwise navigation excepted.
7. Preferences not to be granted in importations.
reservation in the sixth article excepted

212

8. Tonnage duties to be equal, the

212

9.

No prohibition, or restrictions, on the exportation or importation of the productions
of each which does not equally extend to those of any other country.
10. Pri-
vilege of transit bounties and drawbacks, to be reciprocally allowed. 11. Ves-
sels may enter ports,etc. depart in continuance of the voyage, paying only pilotage
wharfage, or light-house money.

214

12. Duties to be paid only for that part of the cargo unioaded.-No duty on the remain-
der. All duties to be paid at the first port where bulk is broken. 13. Each
party allowed to have consuls, vice consuls or comm'l ng'ts, in the port of the other. 216
Authority and rights of consuls. 14. Assistance of the local authorities may be
required by consuls.-Consuls may arrest deserters from the vessels of their na-
tion, who are not to be detained more than two months in prison. 15. In case
of shipwreck, friendly aid shall be afforded and property restored, if claimed
within a year and a day, upon paying salvage,

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16. Bill of health.-Proviso--quarantine regulations. 17. Certain articles of the
treaty of Sd April, 1789 (see page 204) revived in part,
Not to effect treaties concluded in the interval.
19. To continue in force for ten years.
Separate article. Eighth, ninth, and tenth articles not applicable to the commerce of
Finland. Ratification 19th January, 1828,

18. Definition of blockade.
20. Ratification to be exchanged, etc.

TRIPOLI.

......

No. 1.-Treaty of peace and friendship between the United States of America and
the bey and subjects of Tripoli, of Barbary, 4th Nov. 1796. Signed by Jocl
Barlow, on the part of the United States, and Hassan Bashaw, dey.
Art. 1. Peace between the United States and Tripoli, guaranteed by the dey of Algeirs.
2. Enemy goods, etc. free. S. Citizens or subjects in enemy vessels, etc.

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4. Vessels of both parties to be furnished with passports, ect.

5. Prize vessels
bought by citizens or subjects of either party, allowed a year to procure regular
passports. 6. Provisions. Repairs. Landing cargoes. 7. Stranded
vessels. No pillage.

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. 498

8. Vessels within gunshot of forts to be defended. 9. Commerce, ect. on the
most favored footing. 10. Acknowledgment by the bey of the receipt of
a sum in gross, which, with certain stipulated consular presents, is to exonerate
the U. States from all future tribute. 11. No pretext arrising from religious
opinions ever to interrupt the harmony between the two countries.

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12. No appeal to arms in case of a dispute concerning a violation of this treaty, ect.
The consul failing to settle disputes, amicable reference to be made to the dey of Al-
giers.

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No. 2. Treaty of peace and amity, between the United States of America, and
the Bashaw, Bey, and subjects of Tripoli, in Barbary. Concluded at Tripoli,
on the 4th day of June, 1805,

499

.499

501
Art. 1. Firm and inviolable peace, on terms of the most favored nation. Favors granted to
other nations by one party, to be common to the other; free, if freely allowed;
otherwise, as the parties may agree. 2. Amerieans to be delivered to the
squadron of the U. States off Tripoli. Tripolines to be given up to the bashaw, 501
2. The U. States to pay $60,000 for the balance of prisoners; (about 200,) The forces
of the U. States to be withdrawn, &c. 4. Enemy goods on board vessels
of either party, to pass free.
5. Citizens or subjects in enemy vessels, etc.,
6. The vessels of both parties to be furnished with passports. Visit of American
vessels by Tripoline cruisers, etc.

.

7. Pur-

6. American vessels of war meeting Tripoline cruisers, etc. Passports, etc
chase of prize vessels, etc. 8. Provisions, repairs, landing cargoes, etc.
9. Stranded vessels to be protected. 10. Vessels engaged within gun-shot of
forts, to be protected. 11. Commerce, etc. on the most favored footing.
12 Consul not responsible for debts of citizens of his own nation
13. Salutes. 14. No pretext arising from religious opinions to interrupt prevailing
Exercise of religion. Indulgence to christian slaves. Consular
15. No immediate appeal to arms in case of dispute, etc.
16. Prisoners of war, to be exchanged, etc. Deficiency in prisoners to be paid
for. Prisoners to be exchat ged in twelve months

harmony, etc.
privileges, etc.

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17. Enemies of the United States not to sell prizes in Tripoline ports, but Americans
may, etc., 18. Diputes to be settled by the American consul. Other disputes.
19. Killing or wounding on either side punishable by the law of the country, etc,
20. Persons dying intestate, etc. Validity of wills. Recitation of the powers of Tobias
Lear, for concluding a treaty with the bashaw of Tripoli,
Conclusion of the treaty by Tobias Lear. Ratification of treaty, etc,,

TUNIS.

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502

503

504

506

505

No. 1. Treaty of Peace and Friendship between the United States of America,
and the Kingdom of Tunis. Concluded at Tunis, on the 26th of March, 1799,
by William Eaton and John L. Cathcart, on the part of the United States.. 508
This treaty made under the auspices of the Ottoman emperor, Selim,

508

Art. 1. Perpetual peace. 2. Persons etc. of either party, on board enemy vessels, etc. 508
3. Enemy goods on board the vessels of either party, to pass without
molestation. 4. Passports, etc.,
5. Merchant vessels under convoy, to pass
6. No exactions by vessels of war. Refuge

on the word of the commander.
slaves and prisoners. Slaves carried away. Altered, see page 515.
ports for prize vessels purchased, Consular bill of sale, etc,

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8. Provisions for vessels in ports, repairs, unloading cargo, wages of laborers, &c, 9. Vessels wrecked to be assisted, salvage, &c. 10. Vessels of either party, to be protected within cannon-shot, and in port; and an enemy not permitted to pursue within 48 hours. 11. Salutes when requested Salutes to be returned Altered, see page 515. 12. Merchants free to carry

in barrels of powder.

on commerce. Interpreters, Freight of Ameri an vessels by subjects of Tunis, etc. Captains not to be detained in ports. Citizens and subjects under the protection of the sovereign authority. The government of Tunis may freight American vessels. Altered, see page 515. 13. Crews of American merchantmen to be two-thirds friends of Tunis, etc. 14. Duty on Tunisian goods in any vessels, and on American goods in American vessels. American merchandise under foreign flag, to pay 6 per cent, etc., Altered, see page 517. Free commerce in Tunis, wine excepted, etc., Smuggling. Payment of freight. 16. Anchorage duty. 17. Consuls, their privileges, etc. Consuls of the United States not responsible for debts of citizens, unless, etc. 19. Effects of persons dying intestate, etc., 20. The consul judge of disputes between citizens, &c. 51. Killing &e. a citizen or subject, punishable according to the laws of the country 22. Civil disputes to

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be tried in the presence of the consul, etc. 23. War not to take place until a demand and refusal of justice. In case of war, cue year allowed to citizens, etc. The terms of this treaty punctually observed

23. Recitation of the powers of Richard O'Brien, William Eaton, and James Leander Catheart, relative to this treaty, etc.

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No 2.-Altered articles in the foregoing Treaty of Peace and Friendship with Tunis Concluded, the 21th of February, 1821, by S. D. Heap, Chargé d'Affaires of the United States, and Sidi Mahmoud, on the part of Tunis, Art. 6. Visits at sea regulated. Fugitives escaping in ships of war to be free. 11. Salutes to ships of war to consist of 21 guns; and no powder present. 12. Commerce to be on an equal footing with the most favored nations. receiving freight. 516. Cap'ams not to be detained against their will. Princes or Chiefs of the place, only to have jurisdiction. Tunisians to have a preference in freighting 517. 14. The trade with both parties on an equal footing... 517

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GREAT BRITAIN, continued. (Omitted in the previous part of Index.) Indary-Award of the King of the Netherlands, as Arbitrator; done at the Hague, June 10, 1831, between Great Britain and the United States, under the fifth article of the Treaty of Ghent, of the 24th of December, 1814, Reference to the Treaty of 1783-Rivers St. Lawrence, St. John, &c.-Award in favor of the Northernmost of the Northwestern Streams.

. 320

15. Convention continuing the provisions of the third article of the Convention of 20th October, 1818, concluded on the 6th September, 1827,

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Provisions of third article of the Treaty of 1818, indefinitely extended--Claim unimpaired to Territory West of Rocky Mountains.

16. Renewal of the Commercial Convention of the 3d of July, 1818, concluded on the 6th of August, 1827,

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Convention of 1815, and 4th article of 1818, indefinitely continued.

17. Arrangement limiting the number of American and British Vessels of War, to be maintained on the Lakes, concluded April, 1817,

Extends to Lakes Ontario, Upper Lakes, and Champlain.

329

331

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