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consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces.

1828. December 12.

During a visit

at sea, armed

vessels to re

main out of

reach of cannon

shot.

ART. 20. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutual ly, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible, with making the visit under the circumstances of the sea and wind and the degree of suspicion attending the vessel to be visited, and shall send its smallest boat, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill treatment, for which the commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; and it is ex- Neutrals not to pressly agreed, that the neutral party shall in no case be re- go on board the examining vess quired to go on board the examining vessel, for the purpose of sel. exhibiting her papers, or for any other purpose whatever.

tificates of car

ART. 21. To avoid all kind of vexation and abuse in the In case of war, examination of the papers relating to the ownership of the ves- sea letters, cersels belonging to the citizens and subjects of the two contract- go, &c. to be furnished, exing parties, they have agreed, and do agree, that in case one pressing to of them shall be engaged in war, the ships and vessels belong- whom the proing to the citizens or subjects of the other, must be furnished perty belongs. with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear, that the ship really and truly belongs to the citizens or subjects of one of the parties; they have likewise agreed that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form; without such requisites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and be satis fied or supplied by testimony entirely equivalent.

1828.

December 12.

ART. 22. It is further agreed, that the stipulations above expressed, relative to the visiting and examining of vessels, shall apply only to those which sail without convoy; and when Visiting regulations to apply said vessels shall be under convoy, the verbal declaration of only to vessels the commander of the convoy, on his word of honor, that the without convoy vessels under his protection belong to the nation whose flag he carries; and when they are bound to an enemies port, that they have no contraband goods on board, shall be sufficient.

Established

ART. 23. It is further agreed, that in all cases the establishcourts only to ed courts for prize causes, in the countries to which the prizes try prize causes Motives of con- may be conducted, shall alone take cognizance of them. And demnation to be whenever such tribunal of either party shall pronounce judg

stated.

ment against any vessel or goods, or property claimed by the citizens or subjects of the other party, the sentence or decree shall mention the reasons or motives, on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same. The neutral ART. 24. Whenever one of the contracting parties shall be party not to accept a commis- engaged in war with another state, no citizen or subject of the other contracting party, shall accept a commission, or letter of marque, for the purpose of assisting, or co-operating hostilely, with the said enemy, against the said party so at war, under the pain of being treated as a pirate.

sion to cruise

against the other.

In case of war, 6 months al

lowed to those on the coast,

and 12 for those in the interior to remove effects, &c.

And no seques

tation of money

ART. 25. If, by any fatality which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for them, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens and subjects of all other occupations who may be established in the territories or dominions of the United States and of the Empire of Brazil, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give

them.

ART. 26. Neither the debts due from individuals of the one in bank or pub nation to the individuals of the other, nor shares, nor money,

lic funds,

which they may have in public funds, nor in public nor private banks, shall ever, in any event of war, or national difference, be sequestrated or confiscated.

1828. December 12.

tion to public ministers, &c.

to be on a reci

procal footing.

ART. 27. Both the contracting parties being desirous of Official interavoiding all inequality in relation to their public communica- course in relations and official intercourse, have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the same favors, immunities, and exemptions, which those of the most favored nation do or shall enjoy; it being understood that whatever favors, immunities, or privileges, the United States of America or the Empire of Brazil may find it proper to give the ministers and public agents of any other power, shall, by the same act, be extended to those of each of the contracting parties.

consuls in each

others' ports.

ART. 28. To make more effectual the protection which the Each party perUnited States and the Empire of Brazil shall afford in future mitted to have to the navigation and commerce of the citizens and subjects of each other, they agree to receive and admit consuls and vice-consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities, of the consuls and vice-consuls of the most favored nations; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such consuls may not seem convenient.

ART. 29. In order that the consuls and vice-consuls of the Commissions to

two contracting parties may enjoy the rights, prerogatives, and be exhibited be fore exequatur immunities, which belong to them, by their public character, is obtained. they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants, in the consular district in which they reside.

ART. 30. It is likewise agreed, that the consuls, their secretaries, officers, and persons attached to the service of consuls, they not being citizens of the country in which the consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, to which the citizens or subjects and inhabitants, native and foreign, of the country in which they reside are subject; being in every thing besides subject to the laws of their respective states. The archives and papers of the consulate shall be respected inviolably, and under no

Consulsexempt from public ser vice their ar

chives inviolate.

1828.

December 12.

Consuls may call in the public authorities to

pretext whatever, shall any magistrate seize, or in any way interfere with them.

ART. 31. The said consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from public and private vessels of their country, and for that purpose they shall address detained more themselves to the courts, judges, and officers competent, and

aid in securing deserters, who

are not to be

than 2 months

in prison.

Consular convention to be formed.

The following points agreed

to.

Treaty to remain in force twelve years.

shall demand the said deserters in writing, proving by an exhibition of the registers of the vessels or ships roll, or other public documents, that those men were part of the 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 the 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.

ART. 32. 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 vice-consuls of the respective parties.

ART. 33. 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 perpetu- peace and friendship, it shall be permanently and perpetually binding on both powers.

al.

2ndly. If any one or more of the citizens or subjects of either 1828. party shall infringe any of the articles of this treaty, such citi- December 12. zen or subject shall be held personally responsible for the Citizens respon same, and the harmony and good correspondence between the sible for innations shall not be interrupted thereby; each party engaging fringing this are in no way to protect the offender, or sanction such violation.

remonstrance

is made, and safased.

tisfaction is re

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 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, or operate contrary to former and existing public treaties with other sovereigns or states.

Other treaties vened by this."

not to be contra

months.

The present treaty of peace, amity, commerce, and naviga- Ratification tion, shall be approved and ratified by the president of the within eight 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
December, in the year of our Lord Jesus Christ, one
thousand eight hundred and twenty-eight.

(Signed)

W. TUDOR,

MARQUEZ de ARACATY,

[L. S.]

[L. S.]

MIGUEL de SOUZA MELLO e ALVIM, [L. S.]

And whereas, the said Treaty or General Convention has Ratification.

been duly ratified on both parts, and the respective ratifica

tions of the same have, this day, been exchanged at Wash

ington, by James A. Hamilton, acting secretary of state of

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