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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.)

ARTICLES.

I. Amity.

XVIII. Seizure of contrabandarticles. II. Favored nation clause.

XIX. Blockades. III. Freedom of commerce and navi- XX. Visitation and search. gation; coasting trade.

XXI. Ship's papers in case of war. IV. No discrimination on vessels. XXII. Vessels under convoy. V. Import and export duties.

XXIII. Prize courts. VI. Freedom of trade.

XXIV. Letters of marque forbidden. VII. Embargoes.

XXV. Protection in case of war. VIII. Asylum in ports.

XXVI. Confiscation forbidden. IX. Captures by pirates.

XXVII. Diplomatic officers. X. Shipwrecks.

XXVIII. Consular officers. XI. Disposal of property.

XXIX. Exequaturs. XII. Special protection.

XXX. Consular exemptions. XIII. Religious freedom.

XXXI. Deserters from ships. XIV. Rights of neutrals.

XXXII. Consular convention. XV. Neutral property under enemies' XXXIII. Duration; effect, etc.; ratificaflag.

tion. XVI. Contraband of war. XVII. Trade with nonblockaded ports.

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 Ilis 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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to them all favor and protection, for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.

ART. 9th

All the Ships, merchandise and effects belonging to the citizens or subjects, 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, ports, bays, 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 claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective Governments.

ART. 10th When any vessel belonging to the citizens or subjects of either of the contracting parties, shall be wrecked, foundered, or shall suffer any damage on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation, where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost or contribution whatever, until they may be exported, unless they be destined for consumption.

ART. 11th.

The citizens or subjects 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 or subjects of the other party, shall succeed to the 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 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, there shall be granted to them the term of three 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 laws of the country.

ART. 12th. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens and subjects of each other, of all occupations who may be in their territories, subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial intercourse, on the same terms which are usual and customary with the natives or citizens and subjects of the country in which they may be for which they may employ in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper in all their trials at law.

ART. 13th.

It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens or subjects of both the contracting parties in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on account of their religious belief so long as they respect the laws and established usages of the country. Moreover the bodies of the citizens and subjects of one of the contracting parties who may die in the territories of the other, shall be buried in the usual buryinggrounds, or in other decent or suitable places, and shall be protected from violation or disturbance.

ART. 14th

It shall be lawful for the citizens and subjects of the United States of America and of the Empire of Brazil, to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are, or who hereafter shall be at enmity with either of the contracting parties. It shall likewise be lawful for the citizens and subjects 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 are enemies of either party, without any opposition, or disturbance whatsoever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to 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 everything shall be deemed to be free and exempt, which shall be found on board the ships belonging to the citizens or subjects 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 be enemies to both 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 recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle and not of others.

ART. 15th

It is likewise agreed that, in the case where the neutral flag of one of the contracting parties, shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood, that the neutral property found on board such enemy's vessels, shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board, such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it;

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