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registers of the vessels or ships roll, or other public documents, that those men were part of said crews; and on this demand so proved, (saving however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prison, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. 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.

ARTICLE XXXII

For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter, as circumstances will permit them, to form a Consular Convention, which shall declare specially the powers and immunities of the Consuls and ViceConsuls of the respective parties.

ARTICLE XXXIII

The United States of America, and the Emperor of Brazil desiring to make as durable as circumstances will permit, the relations which are to be established between the two parties by virtue of this treaty, or general convention of peace, amity, commerce and navigation, have declared solemnly and do agree to the following points:

1st. The present treaty shall be in force for twelve years from the date hereof, and further until the end of one year after either of the contracting parties shall have given notice to the other, of its intention to terminate the same: each of the contracting parties reserving to itself the right of giving such notice to the other, at the end of said term of twelve years: and it is hereby agreed between them, that on the expiration of one year after such notice shall have been received by either, from the other party, this treaty in all the parts relating to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers.

2dly. If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or subject shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect offender, or sanction such violation.

3dly. If (which, indeed, cannot be expected) unfortunately, any of the articles contained in the present treaty, shall be violated or infringed in any way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages until the said party considering itself

offended, shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused, or unreasonably delayed.

4thly. Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties with other sovereigns

or states.

The present treaty of peace, amity, commerce and navigation, shall be approved and ratified by the President of the United States by and with the advice and consent of the Senate thereof, and by the Emperor of Brazil, and the ratifications shall be exchanged within eight months from the date of the signature hereof, or sooner if possible.

In faith whereof we the Plenipotentiaries of the United States of America and of His Majesty the Emperor of Brazil have signed and sealed these presents.

Done in the City of Rio de Janeiro this twelfth day of the month of December in the year of our Lord Jesus Christ one thousand eight hundred and twenty-eight.

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CLAIMS

Convention signed at Rio de Janeiro January 27, 1849

Ratified by Brazil January 27, 1849

Senate advice and consent to ratification January 14, 1850
Ratified by the President of the United States January 18, 1850
Ratifications exchanged at Washington January 18, 1850
Entered into force January 18, 1850

Proclaimed by the President of the United States January 19, 1850
Expired upon fulfillment of its terms 1

9 Stat. 971; Treaty Series 352

In the Name of the Most Holy and Indivisible Trinity

The United States of America, and His Majesty, the Emperor of Brazil, Desiring to remove every cause that might interfere with the good understanding and harmony which now happily exist between them, and which it is so much the interest of both Countries to maintain; and to come for that purpose to a definitive understanding, equally just and honorable to each, as to the mode of settling the long pending questions arising out of claims of citizens of said States, have for the same appointed, and conferred full powers, respectively, to wit:

The President of the United States of America, on David Tod, Envoy Extraordinary and Minister Plenipotentiary from the said States near the Court of Brazil, and His Majesty the Emperor of Brazil, upon the Most Illustrious and Most Excellent Viscount of Olinda, of His Council, and of the Council of State, Senator and Grandee of the Empire, Grand Cross of the Order of Saint Stephen of Hungary, of the Legion of Honor of France, and of Saint Maurice and Saint Lazarus of Sardinia, officer of the Imperial order of the Cross, Commander of the order of Christ, President of the Council of Ministers, Minister and Secretary of State for Foreign Affairs; who after exchanging their full Powers, which were found in good and proper form, agreed to the following articles:

ARTICLE I

The two High Contracting Parties, appreciating the difficulty of agreeing upon the subject of said reclamations, from the belief entertained by each,—

1 Payment made by Brazil Sept. 27 and 28, 1850.

2 For a detailed study of this convention, see 5 Miller 507.

one of the justice of the claims, and the other, of their injustice,—and being convinced that the only equitable and honorable method by which the two Countries can arrive at a perfect understanding of said questions, is to adjust them by a single act; they mutually agreed, after a mature examination of these claims; and, in order to carry this agreement into execution, it becomes the duty of Brazil to place at the disposition of the President of the United States the amount of five hundred and thirty thousand mil reis, current money of Brazil, as a reasonable and equitable sum, which shall comprehend the whole of the reclamations, whatever may be their nature, and amount, and as full compensation for the indemnifications claimed by the Government of said States; to be paid in a round sum, without reference to any one of said claims, upon the merits of which the two High Contracting Parties refrain from entering; it being left to the Government of the United States to estimate the justice that may pertain to the claimants, for the purpose of distributing among them the aforesaid sum of five hundred and thirty thousand mil reis, as it may deem most proper.

ARTICLE II

In conformity to what is agreed upon in the preceding article, Brazil is exonerated from all responsibility springing out of the aforesaid claims presented by the Government of the United States up to the date of this Convention, which can neither be reproduced, nor reconsidered in future.

ARTICLE III

In order that the Government of the United States may be enabled properly to consider the claims of the citizens of said States,-they remaining, as above declared, subject to its judgment,—the respective documents which throw light upon them shall be delivered by the Imperial Government to that of the United States, so soon as this convention shall receive the ratification of the Government of said States.

ARTICLE IV

The sum agreed upon shall be paid by the Imperial Government to that of the United States, in the current money of Brazil, as soon as the exchange of the ratifications of this Convention is made known in this capital, for which His Majesty, the Emperor of Brazil pledges himself to obtain the necessary funds at the next session of the Legislature.

ARTICLE V

The payment of the sum above named of five hundred and thirty thousand mil reis shall not be made until after the reception of the notice in this capital of the exchange of ratifications; but the said sum shall bear interest, at six per centum per annum from the first day of July next; the Imperial

Government, however, obliges itself to make good that interest only when, in conformity to the preceding article of this Convention, the amount stipulated shall be paid.

ARTICLE VI

The present convention shall be ratified, and the ratifications exchanged, in Washington, within twelve months after it is signed in this capital, or sooner if possible.

In faith of which we, Plenipotentiaries of the United States of America, and of His Majesty, the Emperor of Brazil, sign and seal the same. Done in the City of Rio de Janeiro this twenty seventh day of January in the year of our Lord one thousand eight hundred and forty nine.

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