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merce and navigation of any other nation at the Sound and Belts, or on her coasts and in her harbors, with reference to the transit by land through Danish territory of merchandise belonging to the citizens or subjects of such nation, shall also be fully extended to, and enjoyed by, the citizens of the United States, and by their vessels and property in that quarter.”
ARTICLE V.-(Convention of April 26, 1826, except 5th article, revived.)“ The general convention of friendship, commerce and navigation, concluded between the United States and His Majesty the King of Denmark, on the 26th of April, 1826, and which was abrogated on the 15th of April, 1856, and the provisions contained in each and all of its articles, the 5th article alone excepted, shall, after the ratification of this present convention, again become binding upon the United States and Denmark; it being, however, understood, that a year's notice shall suffice for the abrogation of the stipulations of the said convention hereby renewed.”
ARTICLE VI.—(Time when this convention shall be operative.) _“The present convention shall take effect as soon as the laws to carry it into operation shall be passed by the Government of the contracting parties, and the sum stipulated to be paid by the United States shall be received by or tendered to Denmark; and for the fulfilment of these purposes, a period not exceeding twelve months from the signing of this convention shall be allowed.
“But if, in the interval, an earlier day shall be fixed upon and carried into effect for a free navigation through the Sound and Belts in favor of any other power or powers, the same shall simultaneously be extended to the vessels of the United States and their cargoes, in anticipation of the payment of the sum stipulated in Article III. ; it being understood, however, that in that event the Government of the United States shall also pay to that of Denmark four per cent. interest on the said sum, from the day the said indemnity shall have gone into operation until the principal shall have been paid as aforesaid."
ARTICLE VII.-(Ratifications.)“ The present convention shall be duly ratified, and the exchange of ratifications shall take place in Washington within ten months from the date hereof, or sooner if practicable.
" In faith whereof the respective Plenipotentiaries have signed the present convention, in duplicate, and have thereunto affixed their seals.
“Done at Washington this eleventh day of April, in the year of our Lord one thousand eight hundred and fifty-seven, and of the Independence of the United States the eighty-first.
“ LEWIS CASS.
TREATY OF COMMERCE AND NAVIGATION.
Concluded February 26, 1871. Ratifications exchanged at Washington,
November 18, 1871. Proclaimed November 23, 1871.
ARTICLE I.-(Freedom of Commerce and navigation; and privileges of citizens of one nation in the territory of the other.)
“ There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation.
“ Italian citizens in the United States, and citizens of the United States in Italy, shall mutually have liberty to enter with their ships and cargoes all the ports of the United States and of Italy, respectively, which may be open to foreign commerce. They shall also have liberty to sojourn and reside in all parts whatever of said territories. They shall enjoy, respectively, within the States and possessions of each party, the same rights, privileges, favors, immunities, and exemptions for their commerce and navigation as the natives of the country wherein they reside, without paying other or higher duties or charges than are paid by the natives, on condition of their submitting to the laws and ordinances there prevailing.
War vessels of the two Powers shall receive in their respective ports the treatment of those of the most favored nation.
1 The United States and Denmark concluded a treaty of friendship commerce and navigation, April 26, 1826, which is similar to that with Prussia, of 1828, in the principles applied to commerce and navigation.
Other treaties with Denmark are a claims convention in 1830, an additional article to the treaty of 1826, in 1861, and a convention relative to naturalization in 1872, (see Treaties of Naturalization).
ARTICLE II.—(Right to travel and carry on trade.).—“ The citizens of each of the high contracting parties shall have liberty to travel in the States and Territories of the other, to carry on trade, wholesale and retail, to hire and occupy houses and warehouses, to employ agents of their own choice, and generally to do anything incident to or necessary for trade, upon the same terms as the natives of the country, submitting themselves to the laws there established.”
ARTICLE III.-(Security of persons and property; and exemption from military service.)“ The citizens of each of the high contracting parties shall receive, in the States and Territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or shall be granted to the natives, on their submitting themselves to the conditions imposed upon the natives.
“ They shall, however, be exempt in their respective territories from compulsory military service, either on land or sea, in the regular forces, or in the national guard, or in the militia. They shall likewise be exempt from any judicial or municipal office, and from any contribution whatever, in kind or in money, to be levied in compensation for personal services."
ARTICLE IV.—(No embargo without compensation.)—“The citizens of neither of the contracting parties shall be liable, in the States or Territories of the other, to any embargo, nor shall they be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor for any public or private purpose whatsoever, without allowing to those interested a sufficient indemnification previously agreed upon when possible."
ARTICLEV.-(No discriminations in duties, drawbacks or bounties.)—“ The high contracting parties agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to time lawfully imported into the United States, in their own vessels, may be also imported in Italian vessels; that no other or higher duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of one country or the other; and, in like manner, that whatsoever kind of produce, manufactures or merchandise of any foreign country can be from time to time lawfully imported into Italy in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and they fur. ther agree that whatever may be lawfully exported and re-exported from the one country, in its own vessels, to any foreign country, may in the like manner be exported or re-exported in the vessels of the other country, and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of Italy.”
ARTICLE VI.—No discriminating duties on imports or exports.
ARTICLE VII.—Vessels of one nation may go from one port to another of the other to discharge cargo, but not engage in the coasting trade.
ARTICLE VIII. --Certain vessels are to be exempt from the payment of tonnage duties.
ARTICLE IX.-Protection to be given to shipwrecked vessels.
ARTICLE X.—(Vessels may complete their crews.)—“ Vessels of either of the contracting parties shall have liberty, within the territories and dominions of the other, to complete their crew, in order to continue their voyage, with sailors articled in the country, provided they submit to the local regulations and their enrollment be voluntary."
ARTICLE XI.—Vessels captured by pirates to be restored.
ARTICLE XII.—(Private property exempt from capture in maritime war.)—" The high contracting parties agree that, in the unfortunate event of a war between them, the private property of their respective citizens and subjects, with the exception of contraband of war, shall be exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of either party; it being understood that this exemption shall not extend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party."
ARTICLE XIII.—A blockade to be legal must be so invested as to create an evident danger to attempt to enter the port. ARTICLE XIV.-Vessels sailing for a blockaded port in ignorance of a blockade shall be turned away, with an endorsement on their papers; the same rule shall apply to vessels leaving such port with a cargo laden after the blockade is established.
ARTICLE XV.—(List of contraband articles.)
“1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds, bombs, grenades, powder, matches, balls, and all other things belonging to, and expressly manufactured for, the use of these arms.
“ 2. Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use.
“3. Cavalry belts, war saddles and holsters.
“ 4. And generally all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land.”
ARTICLE XVI.—Citizens of one State, being neutral, may sail with their ships “with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon," to ports of the enemy of the other.
The principle of free ships, free goods, is affirmed ; and the neutral flag shall cover persons except officers or soldiers in the actual service of the enemy. But this shall apply to those Powers only who recognize this principle.
ARTICLE XVII.-Proof of the nationality of vessels shall be the papers which the laws of either State require.
ARTICLES XVIII. and XIX.— The usual rule in respect to the right of search, and convoy.
ARTICLE XX.—Commanders of ships of war shall be answerable for injury to persons or property.
ARTICLE XXI.—(Rights of persons in case of war between the contracting parties—This article is not to be annulled or suspended on any pretence.)“ If by any fatality, which cannot be expected, and which may God avert, the two contracting parties should be engaged in a war with each other, they have agreed and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and