1828.

December 12

Importations and exportareciprocal foot

tions to be on a

ing.

zilian, when the proprietor and captain are subjects of Brazil and the papers are in legal form.

ART. 5. 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 articles to any other foreign country; nor shall any No partial pro- 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.

hibitions to be established.

Merchants,

commanders of

countries, &c.

own business;

ART. 6. It is likewise agreed that it shall be wholly free ships, and other for all merchants, commanders of ships, and other citizens or citizens of both subjects of both countries, to manage themselves their own buto manage their siness in all ports and places subject to the jurisdiction of each to be treated as other, as well with respect to the consignment and sale of their citizens of the 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.

most favored nation.

Citizens of nei

ART. 7. The citizens and subjects of neither of the conther of the con- tracting parties shall be liable to any embargo, nor be detaintracting parties shall be liable ed with their vessels, cargoes, merchandise or effects, for any to any embarmilitary expedition, nor for any public or private purpose, whatever, without allowing to those interested a sufficient indemnification.

go, &c.

Whenever the

citizens of either party seek refuge, in the dominions, &c.

ART. 8. 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 merchant or of war, public or private, through they are to be stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions,

of the other,

treated as

friends, &c.

any

kind.

December 12.

the citizens of

rates, and found

and placing themselves in a situation to continue their voyage 1828. without obstacle or hindrance of ART. 9. All the ships, merchandise, and effects belonging to All ships, &c. the citizens or subjects of one of the contracting parties, which belonging to may be captured by pirates, whether within the limits of its ju- either party risdiction, or on the high seas, and may be carried or found in captured by pithe rivers, roads, ports, bays, or dominions, of the other, shall within the dobe delivered up to the owners, they proving in due and pro- er, to be deliper form, their rights before the competent tribunals; it being vered up to the 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.

minions of eith

owners.

rendered in

&c. within the dominions of

ART. 10. When any vessel belonging to the citizens or sub- Assistance and jects of either of the contracting parties shall be wrecked, protection to be foundered, or shall suffer any damage on the coasts, or within case of wrecks, the dominions of the other, there shall be given to them all assistance and protection in the same manner which is usual each other. and customary with the vessels of the nation where the damage happens, permitting them to unload 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.

power to dis

the other, by

or otherwise.

ART. 11. The citizens or subjects of each of the contract- Citizens of each ing parties shall have power to dispose of their personal goods party shall have within the jurisdiction of the other, by sale, donation, testa- pose of their goods and efment, or otherwise, and their representatives, being citizens of feets within the the other party, shall succeed to the said personal goods, whe. jurisdiction of ther by testament or ab intestato, and they may take posses- sale, testament, sion 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 the said goods are, shall be subject to pay in like cases: And if, in the case of Alien heirs alreal estate, the said heirs, would be prevented from entering to dispose of into the possession of the inheritance, on account of their their property. 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.

lowed 3 years

ART. 12. Both the contracting parties promise and engage, Complete proformally to give their special protection to the persons and tection in persons and proproperty of the citizens and subjects of each other, of all occu- perty in the ter pations, who may be in their territories subject to the juris- nations, legal diction of the one or the other, transient or dwelling therein, redress, &c.

ritories of both

1828.

December 12.

Liberty of conscience and

rites of burial

secured.

Both parties at liberty to trade with those at enmity with either, &c.

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. 13. 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 burying grounds, or in other decent or suitable places, and shall be protected from violation or disturbance.

ART. 14. 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 every thing 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, contraAll persons on band goods being always excepted. It is also agreed, in like board, except these in the ac- manner, that the same liberty be extended to persons who are tual service of 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

Free ships to make free goods.

an enemy to be free.

actual service of the enemies: Provided, however, and it is 1828. hereby agreed, that the stipulations in this article contained, December 12. declaring that the flag shall cover the property, shall be un- Flag covering derstood as applying to those powers only who recognise this the property to be applied to principle; but if either of the two contracting parties should be those powers, at war with a third, and the other neutral, the flag of the neu- only, who acknowledge the tral shall cover the property of enemies whose governments principle. acknowledge this principle, and not of others.

perty, to be

protected by a neutral flag, must be ship

ped two months

before declara

tion of war, &c.

ART. 15. It is likewise agreed, that in the case where the Enemy's proneutral 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 enemies vessels shall be held and considered as enemies 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; but the contracting parties agree, that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise of the neutral, embarked in such enemy's ship shall be free.

ART. 16. This liberty of commerce and navigation shall ex- Contraband tend to all kinds of merchandises, excepting those only which specified. are distinguished by the name of contraband, and under this name of contraband, or prohibited goods, shall be comprehended

1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzées, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these

arms.

2dly. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military

use.

Sdly. Cavalry belts, and horses with their furniture.

4thly. And generally all kinds of arms and instruments of iron, steel, brass and copper, or of any other materials manufactured, prepared and formed, expressly to make war by sea

or land.

ART. 17. All other merchandise and things not compre- Goods not con hended in the articles of contraband expressly enumerated, traband. and classified as above, shall be held and considered as free,

1828.

December 12.

Definition of blockade.

Contraband only liable to confiscation.

In cases of

sels to be noti

and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral.

ART. 18. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemies port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, and of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment according to law.

ART. 19. And whereas it frequently happens that vessels blockade, ves- sail for a port or place belonging to an enemy, without knowfied but not de- ing that the same is besieged, blockaded, or invested, it is tained, &c. agreed, that every vessel so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade, or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to Vessels enter any other port or place she shall think proper. Nor shall any ing before vessel of either, that may have entered into such port before blockade, may quit unmolest- the same was actually besieged, blockaded or invested, by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning the vessel shall persist in going out with the cargo, she shall be liable to the same

ed, &c.