1825. December 5. 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 agreed points: The following to. main in force 1st. The present Treaty shall remain in full force and virtue Treaty to refor the term of twelve years, to be counted from the day of the twelve years. exchange of the ratifications, in all the parts relating to commerce and navigation; and in all those parts which relate to Peace perpétupeace and friendship, it shall be permanently and perpetually binding on both powers. al. sible for in 2ndly. If any one or more of the citizens of either party shall Citizens respon infringe any of the articles of this treaty, such citizen shall fringing this ar be held personally responsible for the same, and the harmony ticle. and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation. remonstrance fused. Sdly. If, (which indeed, cannot be expected) unfortunately, War not to be any of the articles contained in the present treaty shall be declared, until violated or infringed in any other way whatever, it is expressly is made, and sastipulated, that neither of the contracting parties will order tisfaction is reor 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 Other treaties construed, or operate contrary to former and existing public not to be contra vened by this. treaties with other sovereigns or states. within eight The present treaty of peace, amity, commerce, and naviga- Ratification tion, shall be approved and ratified by the president of the months. United States of America, by and with the advice and consent of the senate thereof, and by the government of the Federation of the Centre of America, and the ratifications shall be exchanged in the city of Guatemala, within eight months, from the date of the signature hereof, or sooner if possible. 1825. December 5. En fe de lo cual nosotros los plenipotenciarios de la Federacion de Centro-America, y de los Estados-Unidos de America hemos firmado y sellado las presentes. Dada en la Ciudad de Washington, el dia cinco de Deciembre, del año del senor mil ochocientos veinticinco, quinto de la independencia de la Federacion de Centro-America y quinquagesimo de la de los Estados-Unidos de America, per duplicado. [L. S.] ANTONIO JOSE CAÑAS. [L. S.] H. CLAY. In faith whereof, we, the plenipotentiaries of the United Done in the city of Washington, on the fifth day of [L. S.] H. CLAY. [L. S. ANTONIO JOSE CAÑAS. 1825. December 5. And whereas the said convention has been duly ratified on Ratification. both parts, and the respective ratifications of the same were exchanged at Guatemala, on the second day of August, one thousand eight hundred and twenty-six, by John Williams, Chargé d'Affaires of the United States, near the government of the Federation of the Centre of America, and Pedro Gonzales, chief officer of the department of state, despatch, war, and marine, Secretary of Legation of the Republic of Central America, near the governments of South America, on the part of their respective governments. Now, therefore, be it known, that I, JOHN QUINCY ADAMS, President of the United States, have caused the said convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington, this twenty-eighth day of October, in the year of our Lord one thousand eight hundred and twenty-six, and of the Independence of the United States the fifty-first. JOHN QUINCY ADAMS. [S.] By the President: H. CLAY, Secretary of State. 1828. December 12. Negotiators appointed to conclude a treaty. Firm and inviolable peace, &c Favors of commerce to be parties. TREATY WITH BRAZIL. [Negotiated in the English Language.] By the President of the United States of America. A Proclamation: Whereas a Treaty or General Convention of Peace, Friendship, Commerce and Navigation, between the United States of America and his Majesty the Emperor of Brazil, was concluded and signed at Rio de Janeiro, on the twelfth day of December, 1828, which Treaty or General Convention is, word for word, as follows: 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. 1. 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. 2. The United States of America and his Majesty the common to both 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. 1828. December 12. in trade and re ART. 3. The two high contracting parties, being likewise Mutual benefits desirous of placing the commerce and navigation of their re- sidence to be espective countries on the liberal basis of perfect equality and qually enjoyed. 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 merchandize; and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens and 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. carry its own ART. 4. They likewise agree, that whatever kind of pro- Each party may duce, manufactures, or merchandize of any foreign country, produce to the can be, from time to time, lawfully imported into the United republic of the other-equaliStates, in their own vessels, may be also imported in vessels zation of duties of Brazil; and that no higher or other duties upon the tonnage to be the basis established, and of the vessel and her cargo, shall be levied and collected, whe- of all trade. ther the importation be made in vessels of the one country, or of the other. And, in like manner, that whatever kind of produce, manufactures or merchandize, 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 of 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 Bra |