THE

AMERICAN DIPLOMATIC CODE,

EMBRACING A COLLECTION OF

TREATIES AND CONVENTIONS

BETWEEN THE UNITED STATES AND FOREIGN POWERS:

AND OTHER

DIPLOMATIC WRITINGS ON QUESTIONS OF INTERNATIONAL LAW.

USEFUL FOR

PUBLIC MINISTERS AND CONSULS,

AND FOR ALL OTHERS HAVING OFFICIAL OR COMMERCIAL INTERCOURSE WITH FOREIGN NATIONS.

BY JONATHAN ELLIOT.

"It would 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.”—Kent's Commentaries on American Law.

IN TWO VOLUMES.-VOLUME THE SECOND.

WITH NOTES AND INDEXES.

Washington:

PRINTED BY JONATHAN ELLIOT, JUNIOR,
ON THE PENNSYLVANIA AVENUE.

Entered according to Act 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.

YRABBLI

AMERICAN TREATIES WITH THE UNITED STATES.

BRAZIL.

Treaty, or General Convention, of Peace, Commerce and Navigation, between the
United States of America and his Majesty 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,
Negotiators appointed to conclude a treaty. Art. 1. Firm and inviolable peace, &c. 66
Art. 2.

66

Favors of commerce to be common to both parties

66

10.

·

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
established, and to be the basis of all trade

5. Importations and exportations to be on a reciprocal footing. No partial prohibitions
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
liable to any embargo, &c. 8. Whenever the citizens of either party seek re-
fuge, in the dominions, &c. of the other, they are to be treated as friends, &c.
9. All ships, &c. belonging to the citizens of either party captured by pirates, and
found within the dominions of either, to be delivered up to the owners,

..

..

Assistance and protection to be rendered in case of wrecks, &c. within the domin-
ions of each other. 11. Citizens of each party shall have 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 dispose of their property, 12. Complete protec-
tection 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

trade with those at enmity with either, etc. Free ships to mik free goods. All
persons on board, except those in the actual service of an enemy to be free...
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..

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,
22. Visiting regulations to apply only vessels without convoy,
23. Established courts only to try prize causes-Motives of condemnation to be stated, 74
24. The neutral party not to accept a commission to cruise against the other,
25. In case of war, six months allowed to those on the coast, and 12 for those in the

73
74

74

•

67

interior, to remove effects, etc. 26. No sequestration of money in banks, etc,
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, .
29. Commissions to be exhibited before exequatur is obtained, .
30. 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 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,

4thly. Other treaties not to be contravened by this—Ratifications within 8 months,

68

CENTRAL AMERICA.

General Convention, of Peace, Amity, Commerce, and Navigation, 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 Cañas,

Art. 1. Firm and inviolable 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 all trade,

43

5. Importations and exportations to be on a reciprocal footing. No partial prohibitions
to be established. 6. Merchants, commanders of ships, and other citizens of
both countries, &c. to manage their own business; to be treated as citizens, etc.
7. Citizens of neither of the contracting parties shall be liable to any embargo, &c.
8. Whenever the citizens of either party seek refuge in the dominions, ete of the
other, they are to be treated with humanity, &c.,

9. All ships, etc. belonging to the citizens of either party, captured by pirates, and
found within the dominions of either, to be delivered up to the owners

30.

26. And no sequestation of money in bank or public funds. 27. Official intercourse
in relation to public ministers, &c. to be on a reciprocal footing. 28. Each
party permitted to have consuls in each others' ports. 29. Commissions to be
exhibited before exequatur is obtained. .
Consuls exempt from public service-their Archives inviolate. $1. 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.
13. The following points agreed to: 1st. Treaty to remain in force twelve years.
Peace perpetual. 2nd. Citizens responsible for infringing this article. 3rd.
War not to be declared, until remonstrance is made, and satisfaction is refused.
4th. Other treaties not to be contravened by this. Ratification within eight months

41

10. Assistance and protection to be rendered in case of wrecks, etc. within the dominions
Citizens of each party, shall have power to dispose of their

of each other.

49

goods and effects withiir the jurisdiction of the other, by sale, testament, or otherwise 47
12. Complete protection in persons and property in the territories of both nations, &c.
13. Liberty of conscience and res et buriat secured. 14. Both parties at liberty to
trade with those a camity will eiber, &c.
Free ships to make free goods. All persons on board, except those in the actual
service of an enemy to be free." Fhg covering the property to be applied to
those powers, only, who acknowledge the principle. 15. Enemy's proper y to

·

..

be protected by a neutral flag, must be shipped two months before declaration of
war, &c.
16. Contraband specified. .
..
17. Goods not contraband. Defin. of blockade. 18. Contraband only liable to confis'n
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, sea letters, certificates of cargo, &c.
to be furnished, expressing to whom the property belongs.
22. Visiting regulation to apply only to vessels without convoy. 23.

Established
24. The

courts only to try prize causes. Motives of condemnation to be stated.
neutral party not to accept 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

47

47

49

51

53

55

57

59

61

63

63