subjects of the contracting parties respectively, shall freely enjoy
the right of passing with their vessels from one port to another,
within the territories of the other party, of going from any of those
ports to any foreign port of the world, or of coming from any foreign
port of the world to any of those ports. The citizens and subjects of
the contracting parties respectively, shall pay within the territories
of the other party no other or greater duties or imposts, of whatever
nature or denomination they may be, than those which the most favored
nations now are, or hereafter shall be obliged to pay. And it is
particularly agreed, that the citizens of the United States may pay
the duties and imposts laid upon merchandises which they shall import
into, or export from Russia, and which are or shall be ordered to be
paid in rix dollars, in the current money of Russia, at the rate of
one hundred and twentyfive copeaks for each rix dollar of full weight.
The citizens and subjects of the contracting parties shall have full
liberty of navigation, trade, and commerce in all parts of the
territories of the other party where navigation, trade, and commerce
now are, or hereafter shall be permitted to any other nation whatever;
and to that end they shall mutually have free liberty to enter by
water and by land with their vessels, boats, and carriages, loaded and
unloaded, into all such ports, harbors, rivers, lakes, cities, towns,
and places, within the territories of the other party, where
navigation, trade, and commerce now are, or hereafter shall be
permitted to any other nation, and there to import or export, to sell
or to buy all goods, wares, and merchandises of any country
whatsoever, the importation and exportation of which shall not be
prohibited; and to remain there or to depart from thence, with their
vessels, boats, carriages, and effects, paying the duties and imposts
prescribed in each place, and conforming, with regard to their boats,
vessels, and carriages, and the transportation of their effects, to
the laws established in the place where such transportations shall be
had and done, and which shall not be repugnant to any articles or
clauses of this treaty.
SEPARATE ARTICLE.
Whereas, it may sometimes happen, that the citizens of the United
States of America, may make circuitous voyages from America, through
some other parts of Europe into Russia, and may take on board their
vessels merchandise of the growth, production, or manufacture of such
other parts of Europe, with an intent to carry the same into America;
it is agreed, that such merchandises shall not be liable to seizure or
confiscation, when they shall be brought into any port of Russia,
although they should happen to be of the sort called contraband or
prohibited merchandise, nor shall they be subjected to the payment of
any duties, either of importation or exportation, or of any other duty
whatever; provided, always, that they shall not be attempted
clandestinely to be landed, or be exposed to sale, but a full report
of all such merchandise shall be duly made to the Custom-house, and
they shall if required, be deposited in some suitable magazine, under
the custody of a proper officer of the port, to be reloaded on board
the same vessel, when she shall have made up the residue of her cargo
to be exported for America, according to the original intention,
paying only the expense of storing the same and other reasonable
charges.
ARTICLE IV.
And to enable them more amply to enjoy the benefits and advantages
granted in the foregoing articles, the citizens and subjects of the
contracting parties shall mutually have full liberty to establish
factories in all parts of the territories of the other party, where
such liberty now is, or hereafter shall be granted to any other nation
whatever; which factories shall enjoy the same rights, liberties,
privileges, immunities and exemptions, as those of the most favored
nations.
ARTICLE V.
All special advantages and benefits, of whatever name or nature, which
are or hereafter shall be granted by either of the contracting
parties, in virtue of any treaty, tariff, law, or ordinance, in favor
of any nation where commodities of the growth, production, or
manufacture of its territories shall be imported, whether in their own
vessels or others, by a direct navigation into the territories of the
contracting party, which shall have granted such advantages, shall
immediately become common to the other contracting party, whose
citizens and subjects shall fully enjoy the same special advantages
and benefits, to all intents and purposes, whenever they shall in
their own proper vessels, likewise import the same commodities into
the territories of the party granting the same, by a direct navigation
from the territories of such favored nation.
ARTICLE VI.
It is further agreed and concluded, that when any of the commodities
of the Islands, commonly called the West Indies, or of other
neighboring Islands, or of any part of the continent of America, shall
be imported into any of the territories of her Imperial Majesty, by
the citizens of the United States in their own proper vessels, by a
direct navigation from the countries where the same commodities shall
have been produced or manufactured, that in such case there shall be
abated and deducted from the duties imposed upon such commodities one
---- part thereof; but if they shall import the same indirectly from
any European port, they shall pay the duties in full, according to the
tariff. It is particularly agreed, that all raw and refined sugars,
not in loaves, when imported by the citizens of the United States as
above by a direct navigation shall be free of any duties.
ARTICLE VII.
All possible assistance and despatch shall be given to the loading and
unloading of vessels, as well for the importation as for the
exportation of commodities, according to the regulations on that head
established; and they shall not be detained in any manner, under the
penalties denounced in the said regulations. And to prevent vexations
and grounds of complaint, it is agreed, that all merchandises when
once put on board the vessels of the citizens and subjects of the
contracting parties, shall be subject to no further visitation or
search; but all visitation or search shall be made beforehand, and all
prohibited merchandises shall be stopped on shore before the same be
put on board such vessels. Nevertheless, to prevent on both sides the
defrauding the customs, if it should be discovered, that any
merchandises have been imported or attempted to be put on board such
vessels clandestinely, or without paying the duties, they shall be
confiscated, but in neither case the persons, vessels, or other
merchandises of the citizens and subjects, on one part or the other,
shall be put under any arrest, or be in any manner detained or
molested, nor shall any other punishment be inflicted upon them for
such offences.
ARTICLE VIII.
It shall be wholly free for all merchants, commanders of vessels, and
others, citizens and subjects of the contracting parties, within the
territories of the other party, to manage their own business
themselves, or to commit it to the management of whomsoever they
please; nor shall they be obliged to make use of any interpreter or
broker, nor to pay them any salary, unless they choose to make use of
them. They shall likewise have full liberty to employ such advocates,
procurators, notaries, solicitors and factors, as they shall think
proper. Moreover, masters of vessels shall not be obliged in loading
or unloading them, to make use of any workmen who may be appointed by
public authority for that purpose; but it shall be entirely free for
them to load or unload their vessels by themselves, and their own
proper mariners, or to make use of such persons in loading or
unloading their vessels as they shall think fit, without the payment
of any salary to any other whomsoever; neither shall they be forced to
unload any sort of merchandises into other vessels of any sort, or to
receive them into their own, or to wait for their being loaded longer
than they shall have contracted for.
ARTICLE IX.
If any dispute shall arise between any commander of the vessels of
either party and his seamen, in any port of the other party,
concerning wages due to the said seamen, or other civil causes, the
magistrate of the place shall require no more from the person
complained against, than that he give to the complainant a
declaration in writing, witnessed by the magistrate, whereby he shall
be bound to prosecute that matter before a competent judge in his own
country according to the law thereof; which being done, it shall not
be lawful, either for the seaman to desert the vessel, or to hinder
the commander from prosecuting his voyage. And if at any time any
seamen should desert their vessels, upon complaint thereof made to the
magistrate of the place by the commander of the vessel, he shall cause
all such deserters to be sought for, and if found, to be restored
immediately to the commander of the vessel, or, if he shall desire it,
to be confined in prison, or some safe place at his expense, to be
delivered up to him when he shall be about to depart with his vessel.
ARTICLE X.
It shall be permitted to the citizens of the United States, who shall
establish themselves in Russia, to build, buy, sell, hire, or let
houses in the towns of St Petersburg, Moscow, and Archangel, and in
all other towns of the empire, which have not rights of burghership,
and privileges to the contrary; and it is particularly agreed, that
the houses which they shall possess and inhabit within any parts of
the empire, shall be exempted from all quartering of soldiers or other
lodgements, so long as the same shall be actually possessed and
occupied by themselves. On the other hand, permission shall likewise
be granted to the Russian merchants to build, buy, hire, sell, or let
houses within all parts of the territories of the United States, in
the same manner as now is, or shall hereafter be granted to the most
favored nations; and all such houses as they shall build, buy, or
hire, shall, so long as they shall continue to dwell in the same
themselves, be exempt from all quartering of soldiers or other
lodgements, throughout all parts of the same territories, without
exemption of places.
ARTICLE XI.
The citizens and subjects of the contracting parties shall, within the
territory of the other party, have full liberty to take and receive
into the houses they inhabit, or into their particular magazines, all
such commodities as they shall have imported, or as shall be consigned
to them; and to this end, they shall be delivered up to them from the
public magazines, if required, as soon as conveniently may be, after
they shall have paid the duties and other lawful charges thereon; and
they shall have full liberty to sell and dispose of the same at their
houses and particular magazines as they shall think fit, upon this
express condition, however, that they shall not sell them there or
elsewhere by retail; and they shall not be charged with any taxes or
impositions whatever on account of their enjoying this privilege, or
with any other than the most favored nations shall pay.
ARTICLE XII.
To prevent fraud, which might otherwise take place, and to establish a
mutual confidence in matters of commerce, it is agreed, that all the
citizens and subjects of the contracting parties, whether residents in
their own or in the territories of the other party, who shall have
arrived to the full age of twentyone years, (being of sound mind,
excepting always the Russian peasants) shall be judged capable of
making contracts in their own names, and shall, accordingly, be held
and obliged to fulfil and perform all contracts and engagements, which
they shall so make and enter into, agreeably to the rules of good
faith; and this, whether their fathers, or mothers, or both, shall be
living or dead at the time of making the contract, or whether they
have been portioned or not by them, or either of them. And all the
Russian clerks or servants employed in the shops shall be registered
in some tribunal, and their masters shall be responsible for them in
affairs of trade and commerce, bargains or contracts, which they shall
make in their names.
ARTICLE XIII.
When the Russian merchants shall cause to be enregistered at the
custom house their contracts or bargains for the sale or purchase of
merchandises, by their clerks or factors, or others employed by them,
the officers of the customs where these contracts shall be
enregistered, shall carefully examine if those who contract for the
account of their principals, are authorised by them with orders or
full powers made in good and due form, in which case, the said
principals shall be responsible as if they had contracted themselves
in person. But if the said clerks, factors, or other persons employed
for the said merchants, are not provided with sufficient orders or
full powers in writing, they shall not be believed upon their word,
and although the officers of the customs are charged to watch in this
respect, the contractors shall, nevertheless, take care for themselves
that the agreements or contracts that they make together exceed not
the procurations or full powers, which have been confided to them by
their employers, since these last are not held to answer but for the
objects and amount for which the full powers have been given by them.
ARTICLE XIV.
The Russians shall be amenable to justice touching all their contracts
and engagements between them and the citizens of the United States
residing in Russia, in the place where they shall have made them,
unless it shall be otherwise stipulated therein, and according to the
laws of the same place; and if any process should arise between them
in the towns of St Petersburg, Moscow, or Archangel, the College of
Commerce alone, to the exclusion of every other tribunal, shall take
cognizance thereof, after complaint shall have been duly made; and
said College shall cite the person complained against to appear before
them in person, or by his attorney, to answer such complaint, allowing
a reasonable time therefor; and if he should appear, or fail to appear
and answer within the time fixed, upon due proof of the matter in
question being produced, the said College shall proceed to pass
judgment thereupon against the person complained of, and where it is
necessary to carry their judgment into execution against an absent
person, shall forthwith when desired by the complainant, at his
expense, send an express to the proper Governors or Waywodes, and
shall order them to cause the judgment to be executed without loss of
time, and thus shall oblige the person condemned, to pay the sums of
money specified in such judgment, with reasonable costs.
ARTICLE XV.
But whenever a process or dispute shall take place concerning any
contract made between the citizens of the United States and the
Russian subjects, in a place where the College of Commerce hath no
department, they shall be heard and determined by the ordinary
magistrate of the place; and in all such cases, the process shall be
conducted in like manner as is agreed in the preceding article, as
well with respect to the obtaining of judgment, as to the execution
thereof; and the citizens of the United States, in all causes between
them and the Russian subjects, which shall be tried by any magistrate
of a place where the College of Commerce hath no department, shall
have a right to appeal from the judgment of the magistrate to that of
the College of Commerce, whenever they shall think themselves
aggrieved thereby. On the other hand, the Russian merchants within the
territories of the United States shall, in their turn, enjoy the same
administration of justice as the native citizens.
ARTICLE XVI.
It shall be lawful for the merchants on the one part and on the other,
to keep in the places of their abode, or elsewhere, books of their
accounts and affairs, and also to maintain an intercourse of letters
in any language they please, without being liable to any restraint in
these respects. Nor shall they be obliged to show their books or
papers to any person whatever, unless it be in the course of justice;
and if it should become necessary for them to produce their books or
papers for deciding any controversy, in such case, no other articles
or parts thereof shall be shown, than such as shall relate to the
matter in question, or shall be necessary to give credit to the same
books and papers. And it shall not be lawful under any pretence, to
take the said books or papers forcibly out of the hands of the owners,
or to retain them; the case of bankruptcy always excepted.
ARTICLE XVII.
If any bankruptcies shall happen in Russia, in which any of the
citizens of the United States shall be interested, either as creditors
or debtors, the creditors shall assemble under the authority of the
College of Commerce, and the major part of them, as well with respect
to number as to the value of their demands, shall name three or more
persons, from among themselves or elsewhere, trustees, who shall take
possession of all the effects movable and immovable of such bankrupt,
and of his books and papers, and shall examine the same to discover
the state of his affairs, and they may decide upon the claims of any
one pretending to be a creditor of such a bankrupt, if his claim shall
be questioned by any other creditor in whole or in part; and the
decision of the major part of such trustees thereupon, shall be final
and binding upon all the creditors. The trustees shall have full
authority also to demand and receive all debts due to the bankrupt, to
sell and dispose of his effects movable and immovable, and shall
distribute with all convenient speed the proceeds thereof among all
the creditors, in a just proportion to their respective demands and
credits, as finally settled and allowed by the trustees, without any
preference whatever among the creditors, on account of the different
nature of their demands. It is to be understood always, however, that
when any immovable estate of the bankrupt shall have been mortgaged
and pledged to any creditor, such creditor shall receive the full of
his debt before the same estate shall be taken out of his possession
and sold for the profit of the other creditors. But, as to movable
effects, no right of pledge shall be admitted, unless the thing
claimed by any creditor as a pledge for his debt, shall have been
actually delivered to him before the bankruptcy was committed, and
shall have remained constantly in his hands; in which case, he shall
also be paid the whole of his just debt, before he shall be
dispossessed of such pledge to be sold for the benefit of the
creditors in general. The trustees shall make a report to the College
of Commerce in what state they have found the books, papers, and
affairs of the bankrupt, and by what means he has failed, and, if they
declare him to be an honest man, he shall be immediately discharged.
ARTICLE XVIII.
To multiply the ties, and to establish a more intimate and friendly
intercourse between the citizens and subjects of the contracting
parties, it is agreed, that whenever any citizen of the United States,
resident in any part of Russia, shall associate and enter into
partnership with any Russian merchant, he shall thereby acquire and be
entitled, for so long time as the said association and partnership
shall be continued, all the rights, liberties, privileges, immunities,
and exemptions, in navigation, trade, and commerce, of a native
subject of Russia. And on the other hand, whenever any Russian
merchant resident in any of the territories of the United States,
shall associate, and enter into partnership, with any merchant or
citizen of the United States, he shall thereby acquire and be entitled
to enjoy, for so long a time as the said association and partnership
shall be continued, all the rights, liberties, privileges, immunities,
and exemptions in navigation, trade, and commerce, of a native citizen
of the United States. But the said citizens and subjects, on the one
part and on the other, shall not be subjected on such account to any
tax or imposition whatever, and they shall also be exempt from all
burdens, charges, and services, of what nature soever, which are
peculiar to native citizens, and subjects, and burghers, and are not
exacted from the most favored nations.
ARTICLE XIX.
All necessary precaution shall be taken, that the brack be trusted to
persons of known ability and probity, and the brackers shall be
responsible for the quality of the goods, and fraudulent package, and
shall be obliged after sufficient proofs produced against them, to
make up the losses occasioned by their negligence or fraud. The
officers of the customs shall have the charge of examining the clerks
or servants of the American merchants residing in Russia, when they
cause their goods to be entered, whether they have the orders of their
masters in writing for that purpose, and if they have not, they shall
not be credited, nor shall their masters be responsible for any
entries their clerks or servants may cause to be made in their names,
without their orders in writing for the same.
ARTICLE XX.
The citizens and subjects of the one part and on the other, shall have
full liberty to remove themselves and their families (if they have
any) together with their effects of every kind, whensoever they think
fit, out of the territories of the other party; paying their just
debts, and the ordinary established duties of exportation, but without
being subjected to any extra duties or deduction from their effects,
for the right of carrying them out of the territories of such party;
and the proper passports for their persons and effects shall be
granted without unnecessary delay. It is particularly agreed, that
passports shall be granted to all such citizens of the United States,
who being merchants within the Russian dominions, shall desire to quit
the same, by the government, at the end of two months after they shall
have published their intention of departing in the Gazette of St
Petersburg, without their being obliged to give any security whatever,
and if within that time there shall not appear any lawful cause to
detain them, they shall be permitted to depart freely, with all their
effects.
ARTICLE XXI.
There shall be an entire and perfect liberty of conscience allowed to
the citizens and subjects of both nations, within the territories of
the other party; and in consequence thereof they shall be permitted to
worship freely, either in their own houses, or churches destined and
allowed for that purpose by the government, according to the rites of
their own religion, nor shall they in any measure be molested therein.
There shall, moreover, be granted liberty whenever any of the citizens
or subjects of either party shall die in the territories of the other
party, to bury them in the usual burying places, or in decent and
convenient grounds, appointed for that purpose, as occasion shall
require, and the dead bodies of those who are buried shall not in any
measure be disturbed.
ARTICLE XXII.