The telescope. (Columbia, S.C.) 1815-1818, January 30, 1816, Image 1
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JANUARY
I SO, 1810.'
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[No. 7.]
rVNMMUII WBKKLT i V
BY THOMAS W. LORh/Jn,
tms stew *tomv orris NevsaettcriUjif batuavd]
WOOIWAID, U* ntCVAHMMk nf:
. SMtHrifiikm+C''
Jftlilf in advance... " '
jt*K> notion of tbe ]
\rrtltemntt not T_T?
.he first time for seventy.)
each mb*quent insertion
for * larger number of Ik
ffl'siyxsftiRv
i sU arrearage, arc paid,
urtctn llivt, inured
nt*, Mid forty.ccnta for
L iq the, name proportion
STA'M
- -
TUB LAST Nl
l PEDIS.
anneAtd to th* Um
j ni&ontrtfr xm
'PltOJRTOF TIIR
Aht. 1. There
the U. 8Ute? i
1ATION.
I ionnic Majesty
[feet liberty of <
people apfl
mpectlvel
iff our (km*
*? '-"i
i territories
oftflsBri
..jwd per
?igation. The
e two countries
', (Yeely and ac
and molestation,
and cargoes to th?
T rjr-fy pl<M*? and rivers,
- ? . Jtories and dominions aforesaid,
enter into ths samft* to rcsort there, and rt
aiii and reside there, without any limitation
r titjio f also, to hire and posBcss houses and
*rt-houies, for the purposes of their com
icyrce ) and generally, tho merchants and tra
lers on each side, shall enjoy tho most complete
i prntoction and security for their commerce, but
subject always, ns to what respects this article,
?. to (lie laws and statutes of the two countries
S&respectlvelv.
I
h
^ aiit. x. i>o other or higher duties shall 1m;
^Imposed on the importation into the U, Stale*,
of uny articles, tno growth, produce or ninnu
? /actiire of the dominions of If in Britannic Ma
1 ???' jesty's in Kurope, arid no other or higher ?lu
ticH vhull be imposed on the importation into
Jii* n. M.'< dominions in Kurope of any articles
growth, produce or manufacture of the U.
States, than are or shall l>c payable on the like
Hides being of the growth, produce ormnnu
icture of any other foreign country. Nor shajl
ly higher duties or charge* l?e imposed, In ei
er of the two countries, on the exportation of
jpy article:* to the United StateH, or to His Bri
tannic Majesty's dominion* in Euroje, rcsjiec
|ivol v, than such as are payable on the exporta
K,,?n of the like article* to everv other foreign
fcuuntry. Nor Mia 1 1 any prohibition be imposed
tit the exportation and importation of any arti
iles, the growth, produce, or manufacture of the
united States, or of lli* Britannic Majesty's
(ominions in Kurope, to or from the aald States,
r the said dominions, which shall not equally
ixtend to til other nations. No other* or high
such only excepted as may bo l>ound from or to
tritilh poKsessions to which vessels are not. per
tinently Admitted) than shall l?e payable in
t said ports by vessels of the United States,
? in the ports.of any of His Britannic Majea
* dominions in Kurope, on the vessels of the
itcd Statco, than are or shall be payuhle in
lie said ports by British vessels. The same du
ics of exportation Qml importation, and also
he same draw-backs and bounties shall be re
spectively paid and allowed, in either country,
>11 all articles the produce, growth or manufac
ture of the Unjteu States, or of his Britannic
.? ^lhjesty> dominions in Kurope, whether such
'.'exportation or importation be in vessels of the
MTnited State* or in British vessels.
i* Art. 8. His Britannic Majesty agrees that
Die vessels of the United States shall be admit
ted and hospitably received. In all the sea-ports
and harbors of the British dominions in the
?Bast-Indies, and that tho citizens of said states
nay freely carry on a trade with the said terrif
ories in all articles of which tho importation
>r exportation respectively to or from the said
erritories shall not Iks entirely prohibited I Pro
vided only, that it shall not be lawftil for them,
in any time of war botween the British govern
ment and any other powefcor state whatever, to
export from said territories, without the H|>ccial
. permission of the British government there, a
ivny military or nijVl stores or rice.
V * 'Hie citi/en* of thv. JLJlMted States shall pay
for their vessels when admitted into the said
)M>rts, no other or higher duty or charge* than
shall lie payable on British vessels in the ports
of the l/nited States. And they shall pay no
other or higher duties or charges'on the impor
tation or exportation of tho cargoes 6f the said
vemeli?,thaii shall l?e payable on the same arti
cles when imported or ex|Mirted in British ves
sel*. Hut it is expressly agreed that tho ves
sels of the I'nited States shall not carry any of
the paid articles exported by thein from the Said
British territories, to any |Hirt or place except,
to some port or place in America, where tot
Fame shall lie unladen ; or to some port or
plnco, or ports or places in China, of in the >In
dian seas, whence the said vessels shall proceed
jis aforesaid, to some port or place in America,
and there unlade the whole of the, article* ex
ported, in the manner above mentioned, from a
foresaid British territories, And such regula
tions shall be adopted by both parties as shall
from time to tiuie lie found necessary to enforce
the due and faithful observance of wis stipula
tion. It is also understood that the permission
granted by this article, is notio extend to allow
the vessels of the Unitffl States to carry on anv
partot the counting <r*le nf the said British
territories, without the ftpeefal permission of the
British govefriment therej but the vessels go
ing from one pfrt to anotfcr of the said territo- 1
ries, for the wle pqrpt&a either of discharging
their original cargoes or port thereof, or of com- f
pleting their return cargoes, are not to be con
shlered a* tarrying on the r.onst ing 1 radc. Nei
ther is this article to be cbtutniea to allow tho
citizen* of th ? United 8tatest0 little or reside
within the said territories, oV w go into the in
terior parts thereof, without the permission of
the British government established there t and
if an y transgressions should be attempted a
goinut the regulations of the British government
Tn this rcBprct, the observance of thejMVtt shall
and may be enforced against the citiaena of A
litetfca, in the same manner M against British
subjects or others transgressing the same rule.
Aud the citizens of the United ntates whenever
they arrive in auy port or harbor in the said ter
ritories, or if they should be permitted, in plan
ner ,tfo?otaid, to go to any place therein, shall
nlwsVsJ}* subject to tl to same la\v?i government
and .jurisdiction of wliatsoevcr nature, establish
ed in such ti&rbor, port or place, according or
the same may Jw., Tlie veasel* of the United
Slates may also touch for refreshments at the
Ih.tuul of "8t? Helena or at such other posfn or
places oh may be in the possession of Orcat-Bri
tain,intha African or Indian ^can, but subject
in all rcnpects to such regulations as the British
government may at any ttm# establish there.
art. 4. The navigation of HI the lakes, ri
vers ami water Communications, the middle of
which io the lioundary between the U. States
and Ilia I). M.'a dominion* on tho continent of
North-America, shall at all times ho free to the
citizens of the (J. 8. and His D. M.'h subjects.
The said citizens and subjects may freely carry
on trade and commerce with each other, and for
that purpose pass and repass by land or inland
navigation) into lite respective territories of the
two parties on the said continent : and no high*
cr or other tolls or rates of ferriage than what
are or shall be payable by natives shall be de
manded on either side. Ait goods and merchan
dize whose im|)ortatfon into the IT. 8. shall not
be wholly prohibited may freely for the purpos
es of the commerce above mentioned, Iw carri
ed into the same, in the manner aforesaid by llis
I). M.'s subjecta, and such goods and merchan
dize shall be subject to no higher or other duties
than would be payable by citizens of the U. 8.
on the importation of the same in American
vessels into the Atlantic porta of the said U. 8.
and in like manner all goods and merchandize
whose importation into His M.'s said territories
| in America shall not be entirely prohibited, may
freejy, for the purposes of the commerce above
mentioned, be carried into the same in the man
ner aforesaid, by the citizens of the U. 8. and
such goods and mcrChanriizo shall be cubject to
no higher or other duties 1lian would be payable
by His M.'h subjects on the {importation of the
siine from Kurone into the said territories. All
goods not prohibited to Iks exported from th?
said territories respectively may in like manner
bo carried out of the name by the two parties.
No duty of importation or exportation shall be
levied by either party pn peltries or fura which
may lie brought in the manner aforesaid, by land
or inland navigation, from the said territories
of one party into the said territories of the otW
Art. 5. It shall be free for each of (he two
contracting parties respectively, to appoint con*
sills for the protection of seamen, to residfi In
the dominions and territories of the other party ;
and the said consuls and agents shall enjoy the
liberties and rights which belong to them by
reason of their functions. Hut Itefore any con*
sul or agent aforesaid dial! act as such h? shall
be in the usual form, approved and admitted by
the party to whom ho is sent ; and it is hereby
declared to bo lawful and proper that in case of
illegal or improper conduct towards the laws or
Kvermnent, a consul or agent aforesaid, may
punished according to law* if the laws will
reach the ease* or be dismissed, or even sent
back, the offended government assigning to the
other the reasons for the same.
Aut. 5, It being the intention of the con
tracting parties that the people of thejr respec
tive dominions shall be placed on the ? footing of
(hd DIMt fciwwi"! ?*?'*?? 14 1 1 ' *
nve uominiona snail lie placed on the footing of
the most favored nation, it is agreed that in case
either party >hall hereafter grant any addition
al advantage in navigation or trade to any other
nation, the citUens or subjects of the other par
ty shall fully participate therein freely where
it Is freely granted to such other nation, or
yielding the same compensation where the grant
is made for soma equivalent.
d. The lirilith plenlpotentlarlm to the American
pteuipntentlnrif*.
lloait! of' Trade, Juno 10, IB 15,
Th" undersigned lt.n o the honor to transmit to
the plenipotentiaries of the United State*, a ton
irt projri for the arrangement of the commercial
intercourse between the two countries. The A*
meriran pleniiMitenUuries will observe that the
article respecting the llritish Ka*t-Indie? la not
proposed to be included in the body of the treaty*
(>u I in a separate article more limited in point of
duration than would be suitable to the Arrange*
nient* of the treaty itself. The undersigned fie- 1
verthvlos* flatter themselves that the American
Slcnipotentiaricii will Hee in the proponed art. for
lie Kfcat-India intercourse, a proof of the liberal
and Conciliatory disposition with which the Bri*
tilth government is disposed to net upon the sub
ject. It will be recollected at one of the unofll*
cial conference*, and ?ut?scquetitly at the flint
offlclaliconfcrcnce held witli the American ple
nipotentiaries, the undersigned stated by order
of their government, that if the power of going
from the United State* to the Iliitish dominions
in the Kant-Indies by an indirect course were
conceded, U. Britain must lie conaidered a* en
titled to some equivalent for the concession, and
(hit the fur trade was |Hiinted out by the under
signed as capable of furnishing that equivalent.
^fhe American plenipotentiaries having stated
that their instruction* did not permit them to
grant by stipulation any commercial intercourse
between II. M.'s subject* and the Indians resid
ing in the acknowledged boundaries of the V. S.
and not having suggested any -other mean* of
finding an ?i|uivalentf th? undersigned weald
hart been fully Justified in rendering Vconf re
projet which wholly omitted (lie concession in
question. But tf. M.'n government, anxious to
renew the commercial relations of the two coon
tries, in the true spirit of pcace and harmony*
Km authorised the undersigned to offer a scpa*
rate article, by which the indirect Voyage fnrtn
the U. 8wte*'tQi the British Kist-Indies wjJl be
permitted without ?onival#nt, for the siiace of
two years, io tlvo connqeHt linpt that during that
period the American goveramentViil bo enabled I
to propose such an *)viVa1ent'eejiiay. induce O.
Britain to make (hat permission commensurate
with the general duration of the treaty.
The undersigned wjllbe happy to have the ho
nor of seeing the American plenipotentiaries on
any day which may suit their convenience, and
rcqucsithein to accept the assurance. &c.
TMK nniTIBII CONTRR I'MOJRT.
Art. 1. [Ajfreeing in auhstance with the 1st
nrticlo of the projet ofthc American commission
era. inserted above.]
Art. 2. No other or higher duties shall be im
potod on the importation into the territories of
hi* Dritannic Majesty in Kurope, of any articles
the growth, produce or manufacture of the U. 8.
and no other or higher duties shall be imposed on
the importation into the United States of any ar
ticle the growth, produce or manufacture of bin
1). M.'s territories in Kurone, than are or may
be payable on the like articles being the growth,
produce or the manufacture of any other foreign
country ; nor shall any other or higher duties or
charges be imposed in either of the two countries
on the exportation of any articles to his 1). M.'s
territories in Kuropc or to the U, 8. 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 Oie
importation or exportation of any article the
growth, produce or manufacture of hi* H. M.'s
territories in Kuropa^or of the U. 8. to or from
the said territories of bisll. M. or to or from the
said U. 8. which shall not Ik; equally extended
to all other nations. No other or higher duties
or chargca shall be imposed in the ports of any
of his 1). M.'s rritories in Kurope, on the ves
sels of the U. 8. than shall be payable on liritish
vessels, nor- in any of the ports of the 1'. 8. on
liritish vessels than those pny able in thu same
ports by vessels of the (J. 8. *
An r. 3. The navigation of nil lnkc*, river* and
water communications the middle of which in or
may be the boundary between his H. M.'s terri
tortcA on the continent of N. America and the U.
8. nhall (with, the exception hereinafter men
tioned) at all titnetbe free to his B. M.'h subject*
ind the Citizens of the U. H. The inhabiianta
of his B. BJiVtcrritorie# in N. America and tlie
citizen* ?C tb* U. S. may freely carry on trade
ahd commeitx* by land or inland navigation a*
aforesaid, with goods & merchandise the growth
produce or manufacture of the British territories
in Europe or N. America or of the U. 8. reapec
'ely, within the territories of the two parties
ipectiVgl v on the said continent (the countries
thin the limits of the Hudson's Bay Company
ly excepted) and no other or higher duties or
Jli or rates of ferriage or portage than what are
or may be payable by natives respectively, shall
Ims taken or demanded on either side. All goods
or merchandise whose importation into the U. 8,
shall not Ims wholly prohibited mny freely for the
purposes of the commerce above-mentioned be
carried into the said U. 8f in the mnnner oforo
said by his ll.'M.'s subjects, and the snid goods
and merchandise shall lie subject to no higher or
other duties than would he payable by citizens
of the U. 8v on the importation of the same into
in American vessels into the Atlantic ports of
the U. 8. And in like manner all goods & mer
; chnudise tho growth, produce or matiufndure of
the U. 8. whoso importation into his M.'s said
territories in America shall not lie entirely pro
hibited, may fully for the purposes of the com
merce above-mentioned' ho carried into the same
by land, or by means of such lakes, rivers and
water communications as above-mentioned, by
tho citizens of the United States, and sueii
goods and merchandise shall bo subject to
no other or higher duties than would be payable
by his Majesty's subjects on the importation of
the same from Kuropo into the said territories.
No duty shall he levied by either party on pel
tru'n or furs which may be brought in the man
ner aforesaid by land or inland navigation from
the snid territories of another, hot tolls or rates
of ferriage or portago may lie demanded and
taken in mutiner above-mentioned on such furs
or peltries. It is hereby declared that grilling
in this article contained, ns to navigation of riv
ers, lakes or water communication shall extend
to give a right of navigation upon or within the
same in those part* where the middle is not the
boundary between his M.'s territories & tho II. H
! A HTt 4. [The samo in substance r? art. ,1. of
the American projet, except the ointsHion of" a
{;enta for protection of seamen," and the foUtav*
n* addition : | It is hereby declared that wwer
orthe contracting parties may except from the
residence of consuls such particular places a*
Much party shall judge proj?er to be mo excepted.
A nr. n. It iM^inac trie Intention of the contract
inn parties that the inhabitant* of hi* I!. M.'a
territories in Kurope, and the inhabitant* of the
I). H. shall, in rcspect to commerce between the !
Maid territories, be placed on the footing of tke I
moMt favored nations it is agreed thatincaie!
either of the contracting parties ahal) herenfttr
j?rai>^ any additional a<h> ntage in commerce or
navigation to any F.tiropean nation* a* to theim
Kirtatioft or exportation to or from such other
uropean nation and Ma B, M.'a territories in.
Kurope, or to or from auch Kuronean nation alid
the territories of the U. H. the citizeris and suW
Jecta of the other contracting party shall likewise
enjoy the some freely, where it fin* been freely
grantedtosuchotherEuropean nation, and where
conditionally granted, on the same terms and
ceudiUop? on wlutli auch advantage vlmtl l?>w
been granted or on terms and conditions wliicli
may Ihj afterwards anted upon as equivalent
Uiorcto by the contracting parties.
Mrs* ttparaU t&ticlr. ? His Dritannic Majes
ty agrees that the vowels of the United State*
shall bfc admitted and hospitably received at
the principal settlements of the llritish domi
nions in the Kant-Indies, viz.. Calcutta, Madras*,
llombay and the Prince of Wales' Island, and
that tha,citl?.ens of the U. 8. moy fully carry on
trade between the said principal settlement* &
the said U. 8. in all articles of Which the impor
tation and exnortation respectively, to and from
the said territories shall not be entirely prohibi
ted | provided only* tint it shall not bo lawful
for them in any time of war between the British
government and any other power or state what
ever, to export from the wml territories with
out the special permission of tho British govern
ment, any military stores or naval store* or
rice. Tile citixen* of the 1J. 8l shall pay for
the vessels when admitted ? no other or higher
I duty or charge than shall lie |M\yable on the ves
i hcU of the most favored Karo|>eau nations j?
| and they kIiuII nay no other or higher duties or
targes on the im|H>rtutioii or exportation of th$
rgoes of ihe suid vessels, than shall Imj paya
ble on the said articles when imported or ex
ported in the vowel* of the uiost favored Kuro
pean nation.
Hut it is expressly agreed that the vessels of
the I". H. shall not curry any articles from tho
said principal settlements to any port or placo
in the IJ. K. of America, where the same shall
be unladen. \
It ia also understood thot tho permission
grunted by tliit arlic?^ in unit to cxttinil to ullo\y
the vessels of the I". 8. to enrrv on any of tho
coasting tra?l? of the snid. Ilritish territories,
but the vessel* of tlx; I*. S. having in the first
instance proceeded to otic of tlie n?id principal
settlements of the Itri<jsh dominions in the K,
Indies, and then going with their originul car
goes, or part thereof, from one of the said prin
cipal settlement* to another, shall not be con
sidered as carrying on the coasting trade.
The vessels iif the. II. S. may also touch for
refreshments, but not fur commerce, in the
course of their voyage to or from the Hritish
territories- in India*, at the Cape of Good Hope,
the Island of St. Helena, or such other place*
as may be in the possession of G. H. in the Afri
can or Indian seas. It Iwing well understood
that in all that regards this article, the citizens
of the l>. fci. shall be sulnect in all^ respect* to tho
law* anil regulations of tho Hritish government
from time to timp established.
Second trparaU article*? It is hereby agreed
and declared that (he first separate article of tins
uresent treaty fthall be limited in its duration
to the period of two Tears from the date of the
exchange of the ratification of the said treaty.
3. The American ptenlpotentiarte* to the ttrltlth
plenipotentiarle*.
' ? Hurley 8(rcct, June 17, 181 JE.
Hie undersigned hive the honor to acknow
ledge the receipt of the note of Ilia B. M.'u pic
nipotentiarics of the 16th enclosing their con
tre prriet for the arrangement of the commer
cial intercourse lietween the two countries.
Anxious to ascertain with as little delay as
possible whether there be any probability that
such an arrangement can now f>6 concluded as
shall be satisfactory to both parties \ the under"
signed will not at this time enter into a discus
sion of the subject, and leaving minor points
for subsequent consid^tion, trill .only propose
i lie following alterations to tne contre vrojet of
His II. M.Ntjtlenipotentiarios, viz, :
? ? r-r-VWWW*^*l T J" *
Art* First* to nrilistate the clause in the
projet of the undersign ed,wliicli provided thut
the saty$ duties, draw-backs, and bounties,
should l>e paid and allowed in either country on
the importation or exportation of nrticles the
produce or growth or manufacture of His It. M.\?
territories in Kurope, or of the U. 8. whether
such importations or exportations should be in
British vessels or vessels of the U. 8. Second
ly, to reinstate the clatisc in tho prnjet of tha
undersigned, which excepted from the provision
to equalise tonnage duties, the British vessels
bound to or front British possessions to which
vessels of the IJ. 8. were not permanently ad
mitted; qr to introduce a new article, providing
that neither thu intercourse between the Unit
ed Htatcs and llis Britannic Majesty's pos
sessions in the West-Indies, nor that by sea
between 1l?e nnid states and II. B< Mt's pos
sessions in N. America, shall be affected hv any
article in the treaty, but that each party shall re
main in the complete fwsscssion of its rights in
H?u 4a *?? ? T
. |f\"7(7V{IC
respect to such intercourse.
Aiit. ,1. To reinstate in substance the article
on that subject by the undersigned, so that the
commerce by land or inland navigation, sanc
tioned bv the article be confined to that which
may be carried on between the citizens of the I
8. and bin B. M.'s subjects ; and so as not to pre
clude the citizens oftlie U. 8. from carrying nr
ticles of the growth) produce or manufacture of
the said states down the river 8t. I?awrence as
far at least as Montreal, and down the waters of
Lake t.'hamnlain as far nt least ns the 8t. Law
rence | or it no satisfactory arrangement can qt
present be formed on this subject, to omit the ar
ete altogether.
Ant* 4. To place generally each nation on
the footing of the most favore'd nation, without
restricting that privilege as relates to the citi
zens of tlie IJ. 8. to the commerce with his B.
M.'s territories in Kurone.
Second separate article to be omitted.
The undersigned will have the honor to -wait
on Ids B. M.*s plenipotentiaries on Monday the
10th ihst. at two o'clock, at tho office for trade,
when the undersigned will be ready to eommu
ideate to them their filial determination on tho
proponed olteiations. The undersigned request
II. II. M.'s plenipotentiaries to accept,
Higned by thrt American 1'lonipolehtiaiiw.^