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SWEDEN AND NORWAY.
TREATY OF AMITY, AND COMMERCE.
Concluded April 3, 1783; ratified by the Continental Congress July 29,
1783; proclaimed by Congress September 25, 1783. (Treaties and Conventions, 1889, p. 1042.)
(This treaty terminated by its own limitations in 1796; the articles revived by the Treaty of 1816, p. 611, and by Article XVII of the Treaty of 1827, p. 616, are printed below.)
ARTICLES. I. (Peace and friendship.)
XIV. Goods on enemy's ships. II. Most favored nation privileges. XV. Instructions to naval vessels. III. (Privileges to Swedish subjects in XVI. Bond from privateers. United States.)
XVII. Recaptured ships; embargoes. IV. (Privileges to United States citi- XVIII. Regulations for war with comzens in Sweden.)
mon enemy. V. Religious freedom.
XIX. Prizes. VI. Effects of deceased persons.
XX. (Shipwrecks.) VII. Commerce in case of war.
XXI. Asylum for ships in distress. VIII. Extent of freedom of commerce. XXII. Property rights in case of war. IX. Contraband goods.
XXIII. Letters of marque. X. Goods not contraband.
XXIV. (Shipping privileges.) XI. Ships' papers in case of war.
XXV. Visit of war vessels. XII. Navigation in time of war.
XXVI. (Consuls.) XIII. Detention of contraband goods, XXVII. Ratification. etc.
Separate article. Duration.
I. Defense of ships in Sweden. IV. Right to trade.
[Translation.] The King of Sweden, of the Goths and Vandals &c &c &c and the thirteen United States of North America, to wit, New Hampshire Massachusetts bay, Rhode island, Connecticut, New York, New Jersey Pennsylvania, the counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, desiring to establish, in a stable and permanent manner, the rules which ought to be observed relative to the correspondence and commerce which the two parties have judged necessary to establish
Federal case: Weiberg v. The St. Oloff., 2 Pet. Adm., 428.
between their respective countries, states and subjects His Majesty and the United States have thought that they could not better accomplish that end than by taking for a basis of their arrangements the mutual interest and advantage of both nations thereby avoiding all those burthensome preferences, which are usually sources of debate, embarrassment and discontent, and by leaving each party at liberty to make respecting navigation & commerce, those interior regulations which shall be most convenient to itself.
With this view, his Majesty the King of Sweden has nominated and appointed for his plenipotentiary Count Gustavus Philip de Creutz, his ambassador extraordinary to His Most Christian Majesty, & Knight Commander of his orders; and the United States on their part have fully empowered Benjamin Franklin, their Minister plenipotentiary to his Most Christian Majesty.
The said plenipotentiaries after exchanging their full powers and after mature deliberation in consequence thereof have agreed upon, concluded and signed the following articles :
The King and the United States engage mutually not to grant hereafter any particular favour to other nations in respect to Commerce & navigation, which shall not immediately become common to he other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
ART 3 [Obsolete. ]
ART 4 [Obsolete.]
There shall be granted a full perfect and entire liberty of Conscience to the inhabitants and subjects of each party; and no person shall be molested on account of his worship, provided he submits so far as regards the public demonstration of it, to the laws of the country. Moreover liberty shall be granted, when any of the subjects or inhabitants of either party die in the territory of the other to bury them in convenient & decent places which shall be assigned for the purpose; and the two contracting parties will provide each in its jurisdiction that the subjects and inhabitants respectively may obtain certificates of the death in case the delivery of them is required.
The subjects of the contracting parties in the respective States may freely dispose of their goods and effects, either by testament donation or otherwise in favour of such persons as they think proper; and their heirs in whatever place they shall reside, shall receive the succession even ab intestato either in person or by their attorney without having occasion to take out letters of naturalization. These inheritances as well as the capitals and effects, which the subjects of the two parties in changing their dwelling, shall be desirous of removing from the place of their abode shall be exempted from all duty, called “droit de détraction” on the part of the government of the two states, respectively. But it is at the same time agreed that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations or which may hereafter be published, which shall remain in full force and vigor. The United States on their part or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper.
All and every the subjects & inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels in all safety and freedom and without any regard to those to whom the merchandizes and cargoes may belong from any port whatever. And the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their vessels and with the same liberty and safety to frequent the places, ports and havens of powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an Enemy to another port of an Enemy, whether it be under the jurisdiction of the same or of different Princes. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the merchandizes free and that everything which shall be on board of ships belonging to subjects of the one or the other of the contracting parties shall be considered as free, even though the cargo or a part of it should belong to the enemies of one or both; it is nevertheless provided that Contraband goods shall always be excepted; which, being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed that the same liberty be extended to persons who may be on board a free ship with this effect that although they be enemies to both or either of the parties they shall not be taken out of the free ship, unless they are soldiers in the actual service of the said enemies.
This liberty of navigation and commerce shall extend to all kinds of merchandizes except those only which are expressed in the following article, and are distinguished by the name of Contraband goods.
Under the name of Contraband or prohibited goods shall be comprehended, arms, great guns, cannon balls, arquebuses, musquets, mortars, bombs, petards, granadoes, saucisses, pitch-balls, carriages for ordnance, musquet rests, bandoleers, cannon powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halbards, javelins, pistols and their holsters, belts, bayonets, horses with their harness and all other like kinds of arms and instruments of war for the use of troops.
These which follow shall not be reckoned in the number of prohibited goods, that is to say, all sorts of cloths, and all other manufactures of wool, flax, silk, cotton or any other materials, all kinds of wearing apparel together with the things of which they are commonly made; Gold, silver coined or uncoined, brass, iron, lead copper, latten, coals, wheat, barley and all sorts of corn or pulse, tobacco all kinds of spices, salted and smoked flesh, salted fish, cheese, butter beer, oyl, wines, sugar, all sorts of salt and provisions which serve for the nourishment and sustenance of man; all kinds of coton, hemp, flax tar, pitch, ropes, cables, sails, sail cloth, anchors and any parts of anchors ship-masts, planks, boards, beams and all sorts of trees and other things proper for building or repairing ships Nor shall any goods be considered as contraband, which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use. All which shall be reckoned free goods, as likewise all other, which are not comprehended & particularly mentioned in the foregoing article; so that they shall not, by any pretended interpretation, be comprehended among prohibited or contraband goods On the contrary they may be freely transported by the subjects of the King and of the United States even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested, and those places only shall be considered as such, which are nearly surrounded by one of the belligerent powers.
In order to avoid & prevent on both sides all disputes and discord, it is agreed that in case one of the parties shall be engaged in a war, the ships & vessels belonging to the subjects or inhabitants of the other shall be furnished with sea letters or passports, expressing the name, property and port of the vessel and also the name & place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really & truly belongs to the subjects of the one or the other party. These passports which shall be drawn up in good & due form shall be renewed every time the vessel returns home in the course of the year. It is also agreed that the said vessels when loaded shall be provided not only with sea letters but also with certificates containing a particular account of the cargo, the place from which the vessel sailed and that of her destination, in order that it may be known, whether they carry any of the prohibited or contraband merchandizes, mentioned in the 9 article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart.
Although the vessels of the one and of the other party may navigate freely and with all safety as is explained in the 7 article, they shall nevertheless be bound at all times when re-required, to exhibit as well on the high sea as in port their passports & certificates above mentioned; and not having contraband merchandize on board for an enemy's port, they may freely and without hindrance pursue their voyage to the place of their destination. Nevertheless the exhibition
of papers shall not be demanded of merchant-ships under the convoy of vessels of war; but credit shall be given to the word of the officer commanding the Convoy.
ART 13. If on producing the said certificates it be discovered that the vessel carries some of the goods which are declared to be prohibited or contraband & which are consigned to an enemy's port, it shall not however be lawful to break up the hatches of such ships nor to open any chest, coffers, packs, casks or vessels nor to remove or displace the smallest part of the merchandizes until the cargo has been landed in the presence of officers appointed for the purpose and until an inventory thereof has been taken: Nor shall it be lawful to sell exchange, or alienate the cargo or any part thereof, until legal process shall have been had against the prohibited merchandizes and sentence shall have passed declaring them liable to confiscation, saving nevertheless as well the ships themselves as the other merchandizes which shall have been found therein, which by virtue of this present treaty are to be esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandize and much less confiscated as lawful prize. And in case the contraband merchandize be only a part of the cargo and the master of the vessel agrees. consents & offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandizes which are good prize, shall immediately let the vessel go & shall not by any means hinder her from pursuing her voyage to the place of her destination. When a vessel is taken and brought into any of the ports of the contracting parties if upon examination she be found to be loaded only with merchandizes declared to be free the owner or he who has made the prize, shall be bound to pay all costs and damages to the master of the vessel unjustly detained.
It is likewise agreed that whatever shall be found to be laden by the subjects of either of the two contracting parties on a ship belonging to the enemies of the other party the whole effects although not of the number of those declared contraband shall be confiscated as if they belonged to the enemy, excepting nevertheless such goods and merchandizes as were put on board before the declaration of war & even six months after the declaration after which term none shall be presumed to be ignorant of it, which merchandizes shall not in any manner be subject to confiscation, but shall be faithfully & specifically delivered to the owners who shall claim or cause them to be claimed before confiscation and sale, as also their proceeds if the claim be made within eight months & could not be make sooner after the sale, which is to be public: provided nevertheless that if the said merchandizes be contraband it shall not be in any wise lawful to carry them afterwards to a port belonging to the enemy.
And that more effectual care may be taken for the security of the two contracting parties, that they suffer no prejudice by the men of war of the other party or by privateers all captains & commanders of ships of His Swedish Majesty and of the United States and all their