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ARTICLE III

Citizens of the United States shall be permitted to purchase rent or occupy, or in any other legal way to acquire all kinds of property within the Dominions of His Highness the Sultan of Borneo: and His Highness engages that such citizens of the United States of America shall, as far as lies in his power, within his dominions enjoy full and complete protection and security for themselves and for any property which they may so acquire in future, or which they may have acquired already before the date of the present convention

ARTICLE IV

No Article whatever shall be prohibited from being imported into or exported from the territories of His Highness the Sultan of Borneo; but the trade between the United States of America and the dominions of His Highness the Sultan of Borneo, shall be perfectly free and shall be subject only to the custom duties which may hereafter be in force in regard to such trade

ARTICLE V

No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Sultan of Borneo and this fixed duty of one dollar per ton to be levied on all American vessels shall be in lieu of all other charges or duties whatsoever. His Highness moreover engages that American trade and American goods shall be exempt from any internal duties and also from any injurious regulations which may hereafter, from whatever causes, be adopted in the dominions of the Sultan of Borneo

ARTICLE VI

His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness dominions of any article, the growth, produce, or manufacture of those dominions.

ARTICLE VII

His Highness the Sultan of Borneo engages to permit the Ships of War of the United States of America freely to enter the Ports, rivers and creeks, situate within his dominions and to allow such ships to provide themselves at a fair and moderate price, with such supplies, stores and provisions as they may from time to time stand in need of.

ARTICLE VIII

If any vessel under the American flag should be wrecked on the coast of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for, and to deliver over to, the owners thereof, all the property that can be saved from such vessels. His Highness further engages to extend to the officers and crew and to all other persons on board of such wrecked vessels, full protection both as to their persons and as to their property

ARTICLE IX

His Highness the Sultan of Borneo, agrees that in all cases where a citizen of the United States shall be accused of any crime committed in any part of His Highness' dominions the person so accused shall be exclusively tried and adjudged by the American Consul, or other officer duly appointed for that purpose, and in all cases where disputes or differences may arise between American Citizens, or between American Citizens and the subjects of His Highness or between American Citizens and the Citizens or subjects of any other foreign power, in the dominions of the Sultan of Borneo, the American Consul or other duly appointed officer shall have power to hear and decide the same without any interference, molestation or hindrance, on the part of any authority of Borneo, either before during or after the litigation. This Treaty shall be ratified and the ratifications thereof shall be exchanged at Bruni at any time prior to the fourth day of July in the year, eighteen hundred and fifty four.

Done at the city of Bruni, on this twenty third day of June, Anno Domini one thousand eight hundred and fifty and on the thirteenth day of the month Saaban of the year of the Hegira one thousand two hundred and sixty six.

[SEAL.

SEAL.

JOSEPH BALESTIER,
OMAR ALI SAIFEDDIN.

BRAZIL.
1828.

TREATY OF AMITY, COMMERCE, AND NAVIGATION.

Concluded December 12, 1828; ratification advised by the Senate March 10, 1829; ratified by the President March 10, 1829; ratifications exchanged March 18, 1829; proclaimed March 18, 1829. (Treaties and Conventions, 1889, p. 105.)

(By a notice given from the Emperor of Brazil this treaty, "only for articles relating to commerce and navigation," was terminated December 12, 1841.)

I. Amity.

II. Favored nation clause.

ARTICLES.

III. Freedom of commerce and navi-
gation; coasting trade.

IV. No discrimination on vessels.
V. Import and export duties.

VI. Freedom of trade.

VII. Embargoes.

VIII. Asylum in ports.
IX. Captures by pirates.
X. Shipwrecks.

XI. Disposal of property.
XII. Special protection.

XIII. Religious freedom.

XIV. Rights of neutrals.

XVIII. Seizure of contraband articles.
XIX. Blockades.

XX. Visitation and search.
XXI. Ship's papers in case of war.
XXII. Vessels under convoy.
XXIII. Prize courts.

XXIV. Letters of marque forbidden.
XXV. Protection in case of war.

XXVI. Confiscation forbidden.

XXVII. Diplomatic officers.
XXVIII. Consular officers.

XXIX. Exequaturs.

XXX. Consular exemptions.
XXXI. Deserters from ships.
XXXII. Consular convention.

XV. Neutral property under enemies' XXXIII. Duration; effect, etc.; ratifica

flag.

XVI. Contraband of war.

XVII. Trade with nonblockaded ports.

tion.

In the name of the Most Holy and Indivisible Trinity. The United States of America and His Majesty the Emperor of Brazil, desiring to establish a firm and permanent peace and friendship between both Nations, have resolved to fix, in a manner, clear, distinct and positive, the rules which shall in future be religiously observed between the one and the other, by means of a Treaty or general Convention of Peace, Friendship Commerce and Navigation.

For this most desirable object the President of the United States has conferred full powers on William Tudor their Chargé d'Affaires at the Court of Brazil: and His Majesty the Emperor of Brazil on the Most Illustrious and Most Excellent Marquez of Aracaty, a Member of His Council, Gentleman of the Imperial Bed Chamber, Councillor of the Treasury, Grand Cross of the Order of Aviz, Senator of the Empire, Minister and Secretary of State for Foreign Affairs and Miguel de Souza Mello e Alvim, a Member of His Council, Commander of the Order of Aviz, Knight of the Imperial Order of the Cross,

Chief of Division in the Imperial and National Navy, Minister and Secretary of State for the Marine, who after having exchanged their said full powers, in due and proper form, have agreed to the following articles.

ART. 1st.

There shall be a perfect, firm and inviolable Peace and Friendship between the United States of America and their citizens, and His Imperial Majesty, his successors, and subjects throughout their possessions and territories respectively, without distinction of persons or places.

ART. 24.

The United States of America and His Majesty the Emperor of Brazil 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 It is understood however that the relations and Conventions which now exist, or may hereafter exist between Brazil and Portugal shall form an exception to this article.

ART. 3.

The two high contracting parties being likewise desirous of placing the commerce and Navigation of their respective countries on the liberal basis of perfect equality and reciprocity mutually agree, that the citizens and subjects of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce manufactures and merchandise: and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens or subjects do, or shall enjoy, submitting themselves, to the laws, decrees and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws.

ART. 4th

They likewise 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 vessels of Brazil: and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected whether the importation be made in the vessels of the one country or the other. And in like manner, that whatever kind of produce manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Empire of Brazil, 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 and her cargo, shall be levied or collected whether the importation be made in vessels of the one country, or the other.

And they

agree that whatever may be lawfully exported, or re-exported from the one country in its own vessels, to any foreign country, may in 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 the Empire of Brazil. The Government of the United States however considering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Brazilian, when the Proprietor and Captain are subjects of Brazil and the papers are in legal form.

ART. 5th

No higher or other duties shall be imposed on the importation into the United States, of any articles the produce or manufactures of the Empire of Brazil, and no higher or other duties shall be imposed on the importation into the Empire of Brazil, of any articles the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or manufactures of any other foreign country: nor shall any higher or other duties, or charges be imposed in either of the two countries, on the exportation of any articles to the United States, or to the Empire of Brazil, respectively, than such as are payable on the exportation of the like article to any other foreign country: nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the United States, or of the Empire of Brazil, to or from the territories of the United States, or to or from the territories of the Empire of Brazil, which shall not equally extend to all other Nations.

ART. 6th.

It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens or subjects of both countries, to manage themselves their own business, in all the ports and places subject to the jurisdiction of each other as well with respect to the consignment and sale of their goods and merchandise by wholesale or retail as with respect to the loading, unloading and sending off their ships: they being in all these cases to be treated as citizens or subjects of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation.

ART. 7th.

The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, or merchandise or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.

ART. 8th.

Whenever the citizens or subjects of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports or dominions of the other, with their vessels, whether of merchant or of war, public or private, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving

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