Gambar halaman
PDF
ePub

ART 13. The subjects of each of the two monarchs while on the territory of the other, shall enjoy entire liberty of trading in any way with other nation..

ART 14 Excepting in this respect, all articles and merchandise of which the crown of Brazil reserves to itself the exclusive monopoly. If, however, the trade of any one of these articles should after vards become free, the subjects of his Britannic mjesty shall be per nitted to exercise it, with no greater restrictions than those of his majesty the emperor of Brazil. The duties upon the import and export of these articles, and merchandises, shall in all cases be the same, whether consigned to Brazilian, or to English subjects, or exported by them or belonging entirely to one of them.

ART 15 In order to determine what is to be viewed as contraband in time of war, it is agreed to include under that head, all arms and munitions of war, by land or sea, such as cannon, guns. mortars. petards, bombs, hand gren des, grape shot, saucissons, gun carriages, musket stocks, bandeliers, powder, matches, sal petre, balls, pies, swords, hemlets, cuirasses, halberts, lances, spears, horse furniture, holsters, sword belts, and instruments of war in general, as well as ship timbers, tar and pitch, sheet copper, sails, canvass, ropes, and, in general, every thing necessary for fitting out ships of war, except unwrought iron, and pine boards.

ART. 16. Packets shall be established, to facilitate the public service of both courts, and the commercial relations between the subjects of each. They shall be considered as royal ships, whenever they are under the orders of officers of the royal navy. This article shall remain in force until an agreement has been concluded between the powers, for the special arrangement of the packet establishment

ART. 17. For the more efficacious protection of the commerce and navigation of their respective subjects, the two high contracting parties, agree to receive no pirates within the ports, bays, or anchorages of their respective dominions, and to prosecute with all the rigour of the laws, all persons con. victed of piracy, and all persons domiciliated in the territory, convicted of understanding or participation with them All ships and cargoes belonging to the subjects of either of the contracting parties. taken or robbed by pirates, in the neighbourhood of one of the ports of the other, shall be returned to their proprietors, or to those whom they may appoint, as soon as the identity of the property can be established This restitution shall take place, even when the article claimed has been sold; only, however, in those cases in which the buyer knew, or ought to have known, that said article had been acquired by piracy.

ART. 18 If any ship of war or commerce, belonging to either of the contracting states, should be wrecked in the ports or on the coasts of the other, the authorities and persons employed by the custom-house of the place, are to render all possible assistance, to save the persons and property of the shipwrecked; to see that the articles saved or their value be sucured, so that

if the ship wrecked be a ship of war, they may be restored to their respective governments, and if a merchant ship, to their proprietor, or to those whom he may empower, as soon as they are claimed, and the expenses of salvage and storage have been paid. Articles saved from shipwreck, shall be subject to no duty, unless carried for consumption into the country.

ART. 19. Every species of merchandise, and articles of every kind, which are the natural produce or manufacture of the territories of his Britannic majesty, either in Europe or in his colonies, may be introduced into all or each of the ports of Brazil, after having once paid a duty, not exceeding fifteen per cent in specie, or its equivalent, as fixed by the tariff, published in all the ports of the kingdom, in which custom houses exist.

It it also agreed, that when tariffs are in future made, the maket price shall be taken each time as the basis, and the consul of his Britannic majesty, shall have leave to make a representation, whenever any one of the articles shall be va ued too highly upon the existing tariff, so that this circumstance may be taken into consideration as soon as possible, and without causing any delay in the shipping of said article.

It has been likewise agreed, that whenever English articles introduced into the Brazilian custom houses, shall not possess the value assigned them in the tariff, and they are intended for internal consumption, the importer shall add a declaration of their value, after which, their transportation shall not be delayed. In all cases, however, in which the persons employed by the custom house, in fixing the duties, shall judge that the articles are rated beneath their value, it shall be in their power to sequester the article thus valued, to pay the importer ten per cent. over and above said valuation, within fifteen days from the time of their sequestration, returning the duties already paid; in all which the usages of the English custom-houses shall be followed.

ART 20. His majesty the emperor of Brazil, engages not to admit into any part of his dominions, any article coming from abroad, produced or manufactured in said country, under duties less than those fixed in the preceding article, unless the same diminution takes place in English articles, produced or manufactured in England, excepting only, all articles produced or manufactured in Portugal, imported thence directly to Brazil, in ships of one or the other nation. His Britannic majesty has consented to this exception, in favour of Portugal, on account of the part he has himself taken in the negotiation which has been so happily terminated by the treaty of reconciliation and independence of the 29th of August, 1825, and also on account of the friendly relations, which his Britannic majesty so ardently desires to maintain between Brazil and Portugal.

ART. 21. All articles of merchandise, the products of the industry and manufactures of Brazil, and imported directly for consumption into the territories and possessions of his Britannic majesty, in Europe, and in his Americau, Asiatic, and African colonies, open to foreign commerce, shall be subject`

to no higher duties, than those paid upon the same articles, imported in the same manner, from any other foreign country.

ART. 22. As certain articles of Brazilian produce, when imported for consumption into the United Kingdoms pay heavier duties than are imposed upon similar products of the English colonies, his Britannic majesty agrees that such articles may be restored within his dominions until re-exported, under the necessary regulations, without paying any duties of consumption; and they shall not be subject to higher storage or re exportation duties, than those imposed, or which may hereafter be imposed, upon similar products of the British colonies, when thus stored or re-exported.

In like manner, the products of the English colonies, which are similar to those of Brazil, can only be admitted for re-exportation into the Brazilian port under the same favourable conditions to which similar articles are subjected in the English custom-house.

ART. 23. Every species of article and merchandise, imported from the English territories into a port of his imperial majesty, must be accompanied by certificates of its origin, signed by competent custom-house officers of the port of embarkation; which shall be numbered in order and attached to the declaration by the seal of the English custom-house; the correctness of the declaration shall be confirmed by oath in presence of the Brazilian consul, and the affidavit presented to the custom-house in the place of importation. The origin of the articles imported into Brazil from British possessions where there is no custom-house, shall be proved with the same formalities used in similar importations into Great Britain.

ART. 24. His Britannic Majesty engages, in his own name and in that of his successors, to allow the subjects of his imperial majesty to trade with his own ports, at home and in Asia, upon the footing of the most favoured nations. ART. 25. In all cases in which bounty or drawback is allowed upon articles exported from a port, belonging to either of the two powers, such bounty or drawback shall be the same under all circumstances, whether the re-expor. tation take place on Brazilian or on English ships.

ART. 26. His imperial majesty engages, in his own name, and in that of his successors, not to permit any restriction upon the commerce of his Britannic majesty, within his states, or injury to them from the effect of any exclusive monopoly for buying or selling, or by privileges granted to any commercial company. The subjects of his Britannic majesty, on the contrary, shall have full and entire liberty of buying and selling to whom and in what manner they please, without being obliged to give the preference to any such company, or to any individual enjoying such exclusive privileges. On his own part, his Britannic majesty engages to preserve faithfully and reciprocally, the same principle with regard to the subjects of his imperial majesty. Those articles of Brazilian produce, which the crown has reserved to itself the exclusive right of buying and selling, are not comprehended under this provision whilst such reservation remains in force,

ART. 27. His imperial majesty has resolved to grant to the subjects of his Britannic majesty the same privilege of credit (assignation) at the customhouses, enjoyed by those of his Brazilian majesty. On the other hand, it is agreed and stipulated, that the Brazilian traders shall enjoy in the British custom-houses, the same favour, as long as the laws allow it to British subjects themselves.

ART 28. The high contracting parties have agreed that the stipulations contained in the present treaty, shall remain in vigour for fifteen years, from the date of the ratification of the present, and after that until one of the two parties shall announce its revocation to the other, in which case the present treaty shall cease, upon the second year after such annunciation.

ART. 29. The present treaty shall be ratified by the high contracting parties, and the ratifications shall be exchanged, within the space of four months, or less, if possible.

In testimony whereof, we, the undersigned, plenipotentiaries of his majesty the emperor Brazil, and of his Britannic majesty, in virtue of our plenary powers, have signed the present treaty, and affixed to it our seals and arms. Done at Rio Janeiro, on the 17th of the month of August, in the grace eighteen hundred and twenty-seven.

Signed

[L. S.] THE MARQUIS DE QUELUZ. [L. S.] THE VI'CT DE S. LEOPOLDO.

year of

[L S.] THE MARQUIS DE MACEYO. [L. S.] ROBERT GORDON.

No. 51. Treaty between Brazil and the Hanse Towns.

In the Name of the Most Holy and Invisible Trinity.

The Senate of the Free and Hanseatic city of Lubeck, the Senate of the Free and Hanseatic city of Bremen, and the Senate of the Free and Hanseatic city of Hamburgh, on one part, each of them separately, and his Majesty the Emperor of Brazil on the other part, desirous of consolidating the relations of commerce and navigation between their respective states, have named to conclude a convention founded on the principles of a fair reciprocity, their Plenipotentiaries, namely

The Senate of the Free and Hanseatic city of Lubeck, the Senate of the Free and Hanseatic city of Bremen, and the Senate of the Free and Hanseatic city of Hamburgh, John Charles Frederick Gildemeister, esq. Doctor of Laws, member of the Senate of Bremen, at present their Envoy Extraordinary to His Majesty the Emperor of Brazil, and Charles Sieveking, esq. Doctor of Laws, Member and Syndic of the Senate of Hamburgh, at persent their Envoy Extraordinary to his said Majesty; and his Majesty the Emperor of Brazil, his Excellency the marquis de Queluz, Councillor of State, Senator of the Empire, &c. who, after having teciprocally communicated their full powers, found in good and due form, have agreed on the following articles:

ART. 1. All ports and anchorages in the respective countries, open to the vessels of any other nation, shall be in like manner open to the Brazilian and Hanseatic vessels respectively.

[ocr errors]

ART. 2. All vessels bearing the flag of one of the republics of Lubeck, Bremen, and Hamburgh, belonging exclusively to a citizen or citizens of one of them, and of which the captain shall in like manner be a citizen of one of those republics, shall be held and considered for all the objects of this convention, as a vessel belonging to Lubeck. Bremen, or Hamburgh. A perfect reciprocity shall be observed in respect to Brazilian ships. Passports regularly executed. shall establish between the high contracting parties the proofs of the nationality of the Brazilian and Hanseatic vessels.

ART. 3. Lubeck, Bremen, and Hamburgh vessels which shall enter the Brazilian ports or depart therefrom. and Brazilian vessels which shall enter the ports of the said republics, or depart therefrom, shall not be subject to duties levied on vessels (besides the duties payable on their cargoes) under the head of port-charges, anchorage, light-houses, tonnage, visiting, pilotage, or any other denomination whatever, other or more considerable than those which are actually or may hereafter be imposed on national vessels.

ART. 4. The high contracting parties mutually engage not to establish any prohibitions of import or export which shall attach to the importations or exportations of either country, not affecting those articles of the same description of other countries. The contracting parties engage not to burthen them with any duties or any other charges whatever, which shall not at the same time be extended to all the importations or exportations of the same sort, without any distinction of country.

ART 5. All merchandise which can be imported into the states of the high contracting parties respectively in national vessels, or which can in like manner be exported therefrom, may also be imported or exported in the vessels of the other contracting party.

The coasting trade from port to port, employed for transporting indigenous or foreign products already admitted for consumption, being nevertheless excepted from this general principle, and reserved for the regulations of each country, it is agreed by both parties, that the citizens and subjects of the high contracting parties shall enjoy in this respect the privilege of using the coasting vessels for the conveyance of their merchandise, subject only to the same duties which are now levied, or which may hereafter be levied, on the subjects of the most favoured nation.

ART. 6. Any merchandise whatever, without distinction as to origin, exported from the Brazilian ports the ports, of Lubeck, Bremen, and Hamburg, or from these last-mentioned ports to Brazil, in Brazilian vessels belonging to a nation favoured in the Hanseatic ports in their direct commerce, and any merchandise imported from any country whatever into the Hanseatic ports by Brazilian vessels, or exported to any country whatever from the Hanseatie ports by Brazilian vessels, shall not, in the above-mentioned ports, pay the export and import duties, and any other duties, except according to the rates granted to direct commerce of the most favoured nation.

« SebelumnyaLanjutkan »