CONTAINING A ZOVMÅTT:07 Thx
LAW OF NATIONS,

FROM THE WO!K! WF
Wicquefort,
Masieris,

·Kent,
Vattel,

Ward,

Story, &c. &c.

AND OTHER

DIPLOMATIC WRITINGS ON QUESTIONS OF INTERNATIONAL LAW.

USEFUL FON

PUBLIC MINISTERS AND CONSULS,
ASD FOR ALL OTHERS HAVING OFFICIAL OR COMMERCIAL INTENCOUILSE WITU FOREIGN NATIONS.

BY JONATHAN ELLIOT.

“ It wonld be exceedingly to the discredit of any person, who should be called to take a
" share in the councils of the nation, if he should be found deficient in the great leading
“ principles of International Law.”-Rent's Commentaries on American Law.

IN TWO VOLUMES.-VOLUME THE SECOND.

WITH NOTES AXD INDEXES.

JUashington:
PRINTED BY JONATHAN ELLIOT, JUNIOR,

ON TUE PEXNSILVAXIA AVEXUB.

THE I'E'W YCRK
| PUBLIC LILRARY

565708
ASTOR, LENOX AND
TILDLN FOUNDATIONS
R

1915

Entered according to Aet of Congress; in the year eighteen hundred and thirtyfour, by Jonathan Elliot, in the Clerk's Office of the District Court, for the District of Columbia.

AMERICAN TREATIES WITH THE UNITED STATES.

BRAZIL.
Treaty, or General Convention, of Peace, Commerce and Navigation, between the

United States of America and his Majeity the Emperor of Brazil concluded
and signed at Rio de Janeiro, on the 12th day of December, 1828, on the
part of the United States, by W. Tudor; on the part of Brazil, by Marquez
de Aracaty, and Miguel de Souza Mello e Alvim, . . . . . . . . . 66

Negotiators appointed to conclude a treaty. Art. 1. Firm and inviolable peace, &c. 66
Art. 2. Favors of commerce to be common to both parties . . . . . . . . . . 66
3. Mutual benefits in trade and residence to be equally enjoyed. 4. Each party

may carry its own produce to the republic of the other-equalization of duties
establishell, and to be the basis of all trade . . . . . . . . . . . . . 67
Importations and exportations to be on a reciprocal footing. No partial probibitions
to be established. 6. Merchant, commanders of ships, and other citizens of
both countries, &c. to manage their own business; to be treated as citizens of the
most favored nation. 7. Citizens of neither of the contracting parties shall be
Tizible to any embargo, &c. 8. Whenever the citizens of either party seek re-

foge, in the dominions, &c. of the other, they are to be treated as friends, &c. . . 68
9. All slips, &c. belonging to the oitizens af either party :captured by pirates, and

found within the dominions of eithrer. to be delivered up to the owners, . . 69
10. Assistance and protection to be renglered ja case of wrecks, &c. within the domin-

jons of each other. 11. Citizens of each party,shal bave power to dispose of their
goods and effects within the jurisdiction of the other by sale, testament, or otherwise.
Alien heirs allowed 3 years to dispr’se of their property. • 12. Complete protec-

lection in persons and property in the territories of both nations, legal redress, etc. . 69
13. Liberty of conscience and rites of burial secured. 14. Both parties at liberty to

traile with those at enmity with either, ete. Free ships to mik free goods. All
persons on board, except those in the actual service of an enemy to be free. . . . 70
Flag covering the property to be applied to those powers, only, who acknowledge
the principle. 15. Enemy's property, to be protected by a neutral flag, must be
shipped two months before declaration of war, etc. 16. Contraband specified. 71
Definition of blockade. 18. Contraband only, liable to confiscation. 19. In
cases of blockade, vessels to be notified but not detained, etc. Vessels entering be-

fore blockade, may quit unmolested. etc. . . . . . . . . . . . . . 72
20. During a visit at sea, armed vessels to remain out of reach of cannon shot,-Neutrals

not to go on board the examining vessel. 21. In case of war, sea-letters, certificates

of cargo, etc. to be furnished, expressing to whom the property belongs, ... 73
22. Visiting regulations 10 apply only vessels without convoy, . . . . . . . . 74
23. Established courts only to try prize causes-Motives of condemnation to be stated, 74
21. The neutral party not to accept a commission to cruise against the other, ... 74
25. In case of war, sis monthis allowed to those on the coast, and 12 for those in the

interior, to remove effects, etc. 26. No sequestration of money in banks, etc,. 74
27. Official intercourse in relation to public ministers, etc., to be on a reciprocal footing, 75
28. Each party permitted to have consuls in each other's ports, . . . . . . . 75
29. Commissions to be exhibited before esequatur is obtained, . . . . . . . . 75
SO. Colisuls exempt from public service-their archives inviolate, . . . . . . 75
31. Consuls may call in the public authorities to aid in securing deserters, who are not

to be detained more than 2 months in prison. 32 Consular convention to be formed, 76
33. The following points agreed to:-1st. Treaty to be in force 12 years—Peace, etc.

2ndly. Citizens responsible for infringing this article. 3dly. War not to be
declared, until remonstrance is made, and satisfaction is refused, . . . . . TT
4thly. Other treaties not to be contravened by this-Ratifications within 8 months, 77

CENTRAL AMERICA.

General Convention, of Peace, Amiły, Commerce, and Narigation, between the

United States of America, and the Federation of the Centre of America.
Negotiated at Washington, on the 5th of December, 1825. Signed on the
part of the United States, by Henry Clay, and on the part of Central America,

by Antonio José Canas, . . . . . . . . . . . . . . . . . 41
Art. 1, Firm and jo violable peace, etc. 2. Favors in commerce to be common to both

parties. 3. Mutual benefits in trade and residence to be equally enjoyed 43
4. Each party may carry its own produce to the republic of the other-equalization of

duties established, and to be the basis of }l travie, . . . . . . . . . 13
5. Importations and exportations to be on a reciprocal footing. No partial prohibitions

to be established. 6. Mercianti, commanders of ships, and other cilizens of

both countries, &c. to manage ther own business; to be treated as citizens, etc. 45
7. Ciizens of neither of the contracting parties shall be liable to any enlargo, &c.
8. Whenever the citizens of either party seek refuge in the dominions, etc of the

other, they are to be treated with humanity, &c., . . . . . . . . . . 47
9. All ships, etc. lelonging to the citizens of either party, captured by pirates, and

found within the dominions of either, to be delivered mp to the owners . . . 47
10. Assistance and proceflion to be rendered in case of wrecks, etc. within the dominions

of each other. :: 1; Ciszeus of.caclipartys sball have power to dispose of their

goods and effects withiir the gurischiction of ile other, by sale, testament, or otherwise 47
12. Complete protection in persons and groperty in the territories of both nations, &c. 49
13. Liberiy of conscience and rics et buriaksecured. 14. Both parties at liberty 10

trade with those as enmity will evher, &c. . . . . . . . . . . . . 49
Free ships to mike liee geode: Als persons on boardl, except those in the actual
service of an enemy to be 'free'.'•' Fhig covering the property to be applied to
ihose powers, only, who acknowledge the principle. 15. Enemy's proper.y to
be prolected by a neutral flag, must be shipped two months before declaration of

war, &c. 16. Contraband specified . . . . . . . . . . . . . 51,
17. Coods not contraband. Dein. of blockade. 18. Contraband only liable to confis'n 53
19. In cases of blockade, vessels to be notified but not detained, &c. Vessels entering

before blockade, may quit unmolested, &c. 20. During a visit at sea, armed
vessels to remain out of reach of cannon shot. Neutrals not to go on board the
examining vessel. 21. In case of war, sex letters, certificates of cargo, &c.
to be furnished, expressing to whom the property belongs. . . . . . . . 55
Visiting regulation to apply only to vessels willout convoy. 23. Established
courts only to try prize causes. Mutives of condemnation to be stated. 24. The
neutral party not to accepi a commission to cruise against the other. 25. In
case of war, six months allowed to those on the coast, and twelve for those in the

interior to remove effects, &c. . . . . . . . . . . . . . . . 57
26. And no sequestation of money in bank or public funes. 27. Oficial intercourse

in relation to public ministers, &c. 1o be on a reciprocal footing. 28. Each
party permitted to have consuls in each others' porls. 29. Commissions to be
exhibited before exequatur is obtained. . . . . . . . . . . . . 59
Consuls exempt from public service-their Archives inviolate. 31. Consuls
may call in the public authorities to aid in securing deserters, who are not to be de-

tained more than two months in prison. 32. Consular convention to be formed. 61
13. The following points agreed to: 1st. Treaty to remain in force twelve years.

Peace perpetual, 2n. Citizens responsible for infringing this article. 3rd.
War not to be declared, until remonstrance is made, and satisfaction is refused. 63
40. Other treaties not to be contravened by this. Ratification within eight months 63

22.

30.