of Friendship, Commerce and navigation
the Republic of Texas
the Hanseatic Republics of
Lubeck, Bremen and Hamburgh
17th day of April 1844
The Republic of Texas, on the one part, and the Republics and free Hanseatic Cities of Lubeck, Bremen and Hamburgh, (each State for itself separately,) on other part, being desirous to give greater facility to their commercial intercourse, and to place the privileges of their navigation on a basis of the most extended liberality, have resolved to fix, in a manner clear, distinct and positive, the rules which shall be observed between the one and the other, by means of a Convention of Friendship, Commerce and Navigation.
For this most desirable object, the President of the Republic of Texas has conferred full powers on Colonel William Henry Daingerfield, Charg� d' Affaires of the said Republic near the Government of His Majesty the King of the Netherlands; and the Senate of the Republic and free Hanseatic City of Lubeck, the Senate of the Republic and free Hanseatic City of Bremen, and the Republic and free Hanseatic City of Hamburgh have conferred full powers on Vincent Rump, their Minister resident near His Majesty the King of the French; who after having exchanged their said full powers, found in due and proper form, have agreed to the following Articles:
There shall be a sincere and firm friendship between the Republic of Texas and the Hanseatic Republics in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.
The inhabitants of the respective countries shall enjoy liberty and security to proceed with their ships and cargoes to all places, ports and rivers where other foreigners are at present, or shall be in future admitted.
It is further agreed, that the vessels of each of the Contracting Parties, respectively, shall have the liberty to touch at several ports of the other Party in succession, to unload the whole or a part of the cargo at any of the respective ports, and to take in the whole or a part of the return freight at any of the ports, completing it in several ports successively.
But it is understood that this article does not include the coasting trade, the regulation of which is reserved by the Contracting Parties respectively, according to their own separate laws.
The Contracting Parties agree that, whatever kind, of produce manufacture or merchandise, of any foreign country, can be, from time to time lawfully imported into the Republic of Texas, in its own vessels, may he also imported in vessels of either of the said Hanseatic Republics; and that no higher or other duties upon the tonnage or cargo of the vessels shall be levied or collected, whether the importation be made in vessels of the one Party, or of the other. And, in like manner, that what ever kind of produce, manufacture, merchandise, of any foreign country, can be, from time to time, lawfully imported into either of the said Hanseatic Republics in its own vessels, may be also ported in vessels of the Republic of Texas, and that no higher or other duties upon the tonnage or cargo of the vessels shall be levied or collected, whether the importation be made in vessels of either of the said Hanseatic Republics of the Republic of Texas. And they further agree, that, whatever may be lawfully exported, or re-exported, by one Party, in its own vessels, to any foreign country, may in like manner, be exported or re-exported in the vessels of the other Party. And the same bounties, duties, and drawbacks, shall be allowed and collected, whether such exportation or re-exportation shall be made vessels of the one Party or the other.
Nor shall higher, or other charges, of any kind, be imposed in the ports of the one party on vessels of the other, than are, or shall be payable in the same ports by national vessels.
No higher or other duties shall be imposed on the importation into the Republic of Texas, of any article, the produce or Manufacture of the Hanseatic Republics of Lubeck, Bremen or Hamburgh, or of any article the produce or Manufacture of the other States of the Germanic Confederation, which may be imported from the said Hanseatic Republics, into the Republic of Texas; and no higher or other duties shall be imposed on the importation, into either of the said Hanseatic Republics of any article, the produce or Manufacture of Texas, than are or shall be payable on the like article, being the produce or Manufacture of any other foreign country; Nor shall any other higher duties or charges be imposed by either Party on the exportation of any Articles to the Republic of Texas, or to the said Hanseatic Republics, respectively, than such as are, or shall be payable on the exportation of the like articles to any foreign country; Nor shall any prohibition be imposed on the importation of any Article, the produce or Manufacture of the Republic of Texas, or of the said Hanseatic Republics or of the other states of the Germanic Confederation, which may be exported from the ports of Lubeck, Bremen and Hamburgh, to, or from the ports of Texas, or to or from the ports of the other Parties, which shall not equally extend to all other Nations.
Vessels of the Republic of Texas arriving at, or sailing out of the ports of the Hanseatic Republics; and vessels of the Hanseatic Republics, on their entry in the ports of the Republic of Texas, shall not be subject to other or higher duties of tonnage, of lightmoney, port charges or pilotage, quarantine, or any other affecting the body of the vessel, than those which are paid, or shall be paid, by the vessels of the country itself.
No priority or preference shall be given, directly or indirectly, by any or other of the contracting parties, nor by any company, corporation, or agent acting on their behalf, or under their authority in the purchase of any article, the growth, produce, or manufacture of their States, respectively, imported to the other, on account of, or in reference to the character of the vessel, whether it be of the one party or the other, in which such article was imported; being the true intent and meaning of the Contracting Parties, that no disconnection or difference whatever shall he made in this respect.
Any vessel, together with her cargo, belonging to either of the Hansiatic Republics of Lubeck, Bremen or Hamburgh, and coming from either of the said ports to the Republic of Texas, shall, for all purposes of this Convention, be deemed to have cleared from the Republic to which such vessel belongs; although, in fact, it may not have been the one from which she departed; and any vessel of the Republic of Texas and her cargo, trading to the ports of Lubeck, Bremen, or Hamburgh, directly or in succession, shall, for the like purposes, be on the footing of a Hanseatic vessel, and her cargo making same voyage.
The Contracting Parties agree to consider and treat, respectively as vessels of the Republic of Texas, and as vessels of the Hanseatic Republics of Lubeck, Bremen and Hamburgh, all such, as being furnished by the competent authority with a passport or sea-letter, shall, under the then existing laws and regulations, be recognized as national vessels by the country to which they belong.
The citizens of the Contracting Parties shall reciprocally enjoy the most complete and constant protection with respect to their persons and property, as well as to the free exercise of their religion.
They shall be free of all forced military service in the regular army, by land or by sea; no forced loans shall exclusively be imposed upon them, and their property shall be subject to no other charges, demands or taxes than what is paid by the natives of the country itself. But [it] is understood that the present stipulation does not include the service in the militia or the civic guard in places where the law of the country may extend the service in the militia or the civic guard even to temporary residents, not naturalized by oath of allegiance, after a residence for a period fixed or to be fixed by law.
The citizens of each of the Contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and they may take possession thereof either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And. if in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, thereo shall be granted to them the term of five years to dispose of the same as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the law of the country.
The Contracting Parties agree to receive and admit reciprocally Consuls and Vice-Consuls in all the ports and places open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities which are, or may hereafter be enjoyed by the Consuls and Vice-Consuls of the most favoured nation.
It is agreed that the Consuls and Vice-Consuls may cause to be arrested the sailors being part of the crews of the vessels of their respective countries, who shall have deserted from the said vessels, in order to send them back and transport them out of the country. For which purpose the said Consuls and Vice-Consuls shall address themselves to the Courts, Judges and officers competent, and shall demand the said deserters, in writing, proving, by an exhibition of the registers of the said vessels, or ship's roll, or other official documents, that those men were part of said crews; and on this demand being so proved (saying, however, where the contrary is proved) the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls, for the search, seizure and arrest of the said deserters, who shall even be detained and kept in the prisons of the country at their request and expense, until they shall have found opportunity of sending them back. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same Cause. It is understood, however, that if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which the case shall be pending. shall have pronounced its sentence, and such sentence shall have been carried into effect.
It is further agreed that the Government of the Republic of Texas and
the Governments of the Hanseatic Republics shall, upon mutual requisitions made by their respective Ministers, Officers or Authorities, deliver up to justice all persons, who being charged with the crime of murder or assault with intent to kill, or piracy, or arson. or robbery, or forgery, or the utterance of forged paper, or any crime amounting to fellony or Grand larceny, shall seek an asylum, or be found within the territories of the other-Provided, that this shall only be done upon such evidence of criminality, as according to the laws of the place where the fugitive shall be found, would justify his apprehension, and committment for trial, if the offence had there been committed. And the respective Judges and other Magistrates of the respective Countries shall have power, jurisdiction and authority upon complaint, made under oath, to issue a warrant for the apprehension of the fugitive, that he may be brought before such judges or other Magistrates, respectively, to the end, that the evidence of criminality may be heard and considered. And if on such hearing the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining Judge or Magistrate, to certify the same to the proper Executive authority that a warrant may issue for the delivery of such fugitive.
In case of average or of shipwreck, the like protection and assistance shall reciprocally be afforded to the vessels of each of the Contracting Parties as are enjoyed by the vessels of the country in which the accident occurs.
All the ships, merchandise and effects belonging to the citizens of one of the Contracting parties, which may be captured by pirates, whether within the
limits of its jurisdiction, or on the high seas, and may be carried or found in the rivers, roads, bays, ports or dominions of the other, shall be delivered up to the owners. they proving, in due and proper form, their rights before the competent tribunals; it being well understood, that the claims should be made within the term of one year, by the parties themselves, their attorneys, or the Agents of their respective Governments
Should one of the Contracting Parties be at war, it shall be allowed to the citizens of the other to prosecute their commerce and navigation, with the exception only of contraband goods, and of such places as are actually under siege, or are blockaded by belligerent powers with a force adequate to prevent the neutral from entering.
The citizens of neither of the Contracting Parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.
By contraband shall be understood: guns, mortars, firearms, pistols, bombshells, grenades, shot, muskets, flints, matches, powder, shields, pikes, swords, accoutrements, sadles, bridles, 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. Except such quantities of the articles as are necessary for the defense of the vessel and crew.
It shall be lawful for the citizens of each of the Contracting Parties to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port, to the places of those who may be at enmity with either of the Contracting Parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandises before mentioned, and to trade with the same liberty and security from the places, ports and havens, of those who may be at war with the Contracting Parties or with either of them, without any opposition or disturbance whatsoever, not only directly from the places of the enemy, beforementioned, to neutral places, but also from one place belonging an enemy to another place belonging to an enemy whether they be under the jurisdiction of one power or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed to be free and exempt. which shall be found on board the ships belonging to the citizens of either of the Contracting Parties, although the whole lading, or any part, thereof, should appertain to the enemies of either; contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they may be enemies to each or either party they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies: Provided, however, and it is hereby agreed. that the Stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those Powers only, who recognise this principle; but if either of the Contracting Parties shall be at war with a third, and the other or the others neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others.
In cases where a merchant ship of one of the Contracting Parties may be searched by a ship of war of the other, it is agreed that the search shall only be made by a boat manned with at most six men, that the master of the merchant vessel shall not be obliged to quit his ship, and that the papers shall not be taken from on board.
If the merchant vessel is under convoy of a ship of. war, no search shall take place, and the assurance of the Commandant of the Convoy on his word of honor that the merchant vessel has no contraband on board shall be held sufficient.
The articles of contraband before enumerated in Article XIII which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the Ship, that the owners may dispose of them as they see proper. No vessel of either of the Contracting Parties shall be detained on the high seas on account of having
on board articles of contraband, whenever, the master, captain or supercargo of the said vessel will deliver up the articles of contraband to the Captor, unless the quantity of such articles be so great, or of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment according to law.
The Contracting Parties, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other Party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
In consideration of the national and political connection existing between the Hanseatic Republics And the other States of the Germanic Confederation and it being highly important to all the Contracting Parties that the stipulations of the present Convention may as soon as possible extend to all the States of the said Confederation, it is further agreed that in case one or more of the said States should be disposed to adhere to the present Convention with the Republic of Texas, the accession to it shall always be left free and open to them, either under the form of a distinct Convention, or only by means of an exchange of official Declarations. And it is understood that the said acceding Powers shall be placed, for all the intents, and purposes of the present Convention on the same footing as the Hanseatic Republics, and that they shall enjoy the same advantages and privileges, being subject to the same conditions, stipulations and obligations.
The present Convention shall be in force for the term of twelve years, from the date thereof, and further, until the end of twelve Months after the Government of the Republic of Texas, on the one part, or the Hanseatic Republics of the Lubeck, Bremen or Hamburgh, or either of them, on the other part, shall have given notice of their intention to terminate the same; each of the said Contracting Parties reserving to. itself the right of giving such notice to the other, at the end of the said term of twelve years; and it is hereby agreed between them, that at the expiration of twelve Months after such shall have been received by either of the Parties from the other, this Convention, and all the provisions thereof, shall altogether cease and determine, as far as regards the States giving and receiving such notice; it being always understood and agreed, that if one or more of the Hanseatic Republics aforesaid, shall, at the expiration of twelve years from the date hereof, give or receive notice of the proposed termination of this Convention, it shall, nevertheless remain in full force and operation, as far as regards the remaining Hanseatic Republics, or Republic, which may not have given or received such notice.
The present Convention being approved and ratified by the President of the Republic of Texas, by and with the advice and consent of the Senate thereof, and by the Senates of the Hanseatic Republics of Lubeck, Bremen and Hamburgh, the ratifications shall be exchanged at the city of Galveston, within twelve Months from the date thereof, or sooner if possible.
In faith whereof, we the Plenipotentiaries of the Contracting Parties, have signed the present Convention and have thereto affixed our seals.
Done, in quadruplicate, at Paris, on the seventeenth day of April, in the year of our Lord one thousand eight hundred and forty four, in the eighth year of the Independence of the Republic of Texas.
Wm. Henry Daingerfield [seal]
V. Rumpff [seal]