6
lentes") on board, without being obliged to deposit them in the Custom-house.
"5. They may leave Brazilian ports at any hour of the day or night, observing the police regulations of the ports."
The Treaty with Morocco of the 9th December, 1856, contained the following Article:-
"XXVII. Vessels or boats freighted by order of the British Government for the conveyance of mails, or employed by the British Government under contract for the same service, shall be respected and shall have the same privileges as ships of war, if they do not bring or take articles of merchandize to or from a port of the Sultan of Morocco; but if they carry any merchandize from a port of these dominions, they shall pay the same charges as any other merchant-vessel."
The Treaty of Commerce, &c., with the Sandwich Islands, of 10th July, 1851, contained the following Article:-
Treaty with Morocco.
Hertalet's Treaties, vol. 1, p. 903.
7
by any of the cruizers of Algiers, shall be treated with the same respect as His Majesty's ships of war, and all due respect shall be paid to His Majesty's Commission; and both at meeting and parting they shall be treated as friends, and if any of the Algerine cruizers commit the least fault or violence against them, the captains or raizes so offending shall, on their arrival at Algiers, and proper complaint being made of them, be most severely punished, without admitting of their excuses."
Treaty with Tripoli, Tunis, and United States.
This same stipulation was inserted in the Treaties with Tripoli of 19th September, 1751 (Art. XXIX), Hertslet's Treaties, vol. 1, p. 150. and with Tunis of 19th October, 1751 (Art. XXVI). Ibid., vol. i, p. 170.
The Postal Convention with the United States of the 15th December, 1848, contained the following Article:-
Ibid., vol. viii, p. 937.
Treaty with Sandwich Islands.
"XV. In case there should at any time be Ibid., vol. ix, p. 695. established British mail-packets touching at a port of the Sandwich Islands, a British Packet Agent shall be permitted to reside at such port, and to collect, on account of the British Post Office, the British sea-rate of postage which may be hereafter fixed for the conveyance of letters by British packets from the Sandwich Islands to any other place to which those packets may proceed.
"Such British mail-packets shall have free access to the ports of the Sandwich Islands, and shall be allowed to remain to refit, to refresh, to land passengers and their luggage, and to transact any business connected with the public mail-service of Great Britain. They shall not be subject in such ports to any duties of tonnage, harbour, lighthouses, quarantine, or other similar duties, of whatever nature, or under whatever denomination."
The additional Article to the Treaty with Algiers of the 3rd June, 1751, ran thus
Treaty with Algiers.
"All packets or express boats bearing His Britannic Majesty's Commission, which shall be met Ibid., vol. i, p. 79.
Admiralty;
March 8, 1844.
Queen's Advocate;
March 18, 1844. March 18, 1844.
"XX. In case of war between the two nations, the mail-packets of the two offices shall continue their navigation without impediment or molestation until six weeks after a notification shall have been made on the part of either of the two Governments, and delivered to the other, that the service is to be discontinued, in which case they shall be permitted to return freely, and under special protection, to their respective ports."
It may now be useful to cite instances in which immunity has been claimed for British mail-packets in foreign ports, and for foreign mail-packets in British ports, and to state the views which have been expressed by the Law Officers upon the various points which have arisen out of such claims.
The following question arose in Spain in February 1844:-
It was suspected that on the arrival at Vigo of the Peninsular contract steam-packet "Pasha," an attempt might be made to take out of that vessel a Spanish subject, Señor Olozega, who had embarked at Lisbon, provided with a passport from the Portuguese authorities, countersigned by the British, Belgian, and French Legations.
The question as to the legal right of the Spanish authorities to effect such removal was referred to the Queen's Advocate, and he reported that he
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176
6
lentes") on board, without being obliged to deposit them in the Custom-house.
"5. They may leave Brazilian ports at any hour of the day or night, observing the police regulations of the ports."
The Treaty with Morocco of the 9th December, 1856, contained the following Article:-
"XXVII. Vessels or boats freighted by order of the British Government for the conveyance of mails, or employed by the British Government under con- tract for the same service, shall be respected and shall have the same privileges as ships of war, if they do not bring or take articles of merchandize to or from a port of the Sultan of Morocco; but if they carry any merchandize from a port of these do- minions, they shall pay the same charges as any other merchant-vessel."
The Treaty of Commerce, &c., with the Sandwich Islands, of 10th July, 1851, contained the following Article:-
Treaty with Morocco.
Hertalet's Treaties, vol. 1, p. 903.
7
by any of the cruizers of Algiers, shall be treated with the same respect as His Majesty's ships of war, and all due respect shall be paid to His Majesty's Commission; and both at meeting and parting they shall be treated as friends, and if any of the Algerine eruizers commit the least fault or violence against them, the captains or raizes so offending shall, on their arrival at Algiers, and proper complaint being made of them, be most severely punished, without admitting of their excuses."
Treaty with Tripoli, Tunis, and United States."
This same stipulation was inserted in the Treaties with Tripoli of 19th September, 1751 (Art. XXIX), Hertslet's Treaties, vol. 1, p. 150. and with Tunis of 19th October, 1751 (Art. XXVI). Ibid., vol. i, p. 170.
The Postal Convention with the United States of the 15th December, 1848, contained the following Article:-
Ibid., vol. viii, p. 937.
Treaty with Sandwich Islands.
"XV. In case there should at any time be Ibid., vol. ix, p. 695. established British mail-packets touching at a port
of the Sandwich Islands, a British Packet Agent shall be permitted to reside at such port, and to collect, on account of the British Post Office, the British sea-rate of postage which may be hereafter fixed for the conveyance of letters by British packets from the Sandwich Islands to any other place to which those packets may proceed.
"Such British mail-packets shall have free access to the ports of the Sandwich Islands, and shall be allowed to remain to refit, to refresh, to land pas- sengers and their luggage, and to transact any business connected with the public mail-service of Great Britain. They shall not be subject in such ports to any duties of tonnage, barbour, lighthouses, quarantine, or other similar duties, of whatever nature, or under whatever denomination."
The additional Article to the Treaty with Algiers
of the 3rd June, 1751, ran thus
Treaty with Algiers.
"All packets or express boats bearing His Britannic Majesty's Commission, which shall be met Ibid., vol. i, p. 79.
Admiralty;
March 8, 1844.
Queen's Advocate ;
March 18, 1844. March 18, 1844.
"XX. In case of war between the two nations, the mail-packets of the two offices shall continue their navigation without impediment or molestation until six weeks after a notification shall have been made on the part of either of the two Governments, and delivered to the other, that the service is to be discontinued, in which case they shall be permitted to return freely, and under special protection, to their respective ports."
It may now be useful to cite instances in which immunity has been claimed for British mail-packets in foreign ports, and for foreign mail-packets in British ports, and to state the views which have been expressed by the Law Officers upon the various points which have arisen out of such claims.
The following question arose in Spain in February 1844:-
It was suspected that on the arrival at Vigo of the Peninsular contract steam-packet "Pasha," an attempt might be made to take out of that vessel a Spanish subject, Señor Olozega, who had em- barked at Lisbon, provided with a passport from the Portuguese authorities, countersigned by the British, Belgian, and French Legations.
The question as to the legal right of the Spanish authorities to effect such removal was referred to the Queen's Advocate, and he reported that he
[79]
D
176
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