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ly understood that the Bolivians may either army, after the ratification remain in their own country, and of this treaty. that the Peruvians may return to Art .16. Two officers, who shall theirs, leaving them at full liberty be designated by the contracting so to do. Colombian soldiers in generals, shall be given as hosta. the two armies are comprized in ges for the fulfilment of this treaty. this article, and neither party shall Art. 17. This treaty shall be be at liberty to reclaim deserters. ratified or rejected within twenty
Art. 14. No Bolivians shall be four hours, and in case it shall be accountable to the law, nor respon. disapproved or not ratified, hostili. sible, directly nor indirectly, for ties shall re-commence in twelve having expressed their opinions hours. under existing circumstances, and Signed in duplicate. those who are in that predicament, Miguel MARIA DE AGUIRRE. shall be treated and regarded ac. LeGen.Jose MIGUEL DE VELASCO. cording to their talents and ser. MIGUEL DEL CARPIO, Sec'ry. vices. Art. 15. The contracting par.
JUAN AGUSTINO LIRA. ties shall be responsible for all hos. JUAN BAPTISTA ARQUEDAS. tile acts, which may take place in Jose Maria Lopez, Sec'ry.
CONVENTION BETWEEN HIS BRITANNIC MAJESTY AND THE EMPEROR OF BRAZIL, FOR THE ABOLITION OF TIIE AFRICAN SLAVE TRADE,
SIGNED AT KIO DE JANEIRO, NOVEMBER 23, 1826.
Art. 1. At the expiration of themselves bound to provide for three years, to be reckoned from the regulation of the said trade, the exchange of the ratifications till the time of its final abolition, of the present treaty, it shall not they hereby mutually agree to be lawful for the subjects of the adopt and renew, as effectually as emperor of Brazil to be concerned if the same were inserted, word in the carrying on of the African for word, in this convention, the slave-trade, under any pretext or several articles and provisions of in any manner whatever, and the the treaties concluded between his carrying on of such trade after Britannic majesty and the king of that period, by any person, subject Portugal on this subject, on the of his imperial majesty, shall be 22d of January, 1815, and on deemed and treated as piracy. the 28th of July, 1817, and the
Art. 2. His majesty the king of several explanatory articles which the United Kingdom of Great have been added thereto. Britain and Ireland, and his ma. Art. 3. The high contracting jesty the emperor of Brazil, deem. parties further agree, that all the ing it necessary to declare the en. matters and things contained in gagements by which they hold those treaties, together with the
instructions and regulations, and the united kingdoms of Great Bri. forms of instruments annexed to tain and Ireland, their heirs and the treaty of the 28th of July, sucessors, their subjects, states, 1817, shall be applied, mutatis and countries, without distinction mutandis, to the said high con of person or of place. tracting parties and their subjects, Art. 2. His imperial majesty, as effectually as if they were re and his Britannic majesty, have cited word for word herein ; con. agreed, that each of the high con. firming and approving hereby all tracting parties shall have the matters and things done by their right of naming, and placing con. respective subjects under the said suls-general, consuls, and vice. treaties, and in execution thereof. consuls in all or any of the ports of
Art. 4. For the execution of the the other, as may be judged neces. purposes of this convention, the sary for the commercial interests high contracting parties further and advantage of its subjects. The agree to appoint forthwith mixed consuls of each class cannot enter commissions, after the form of upon their functions, unless named those already established on the by their respective monarchs, part of his Britannic majesty and with all the requisite formalities, the king of Portugal, under the and confirmed by the monarch convention of the 28th of July, upon whose territory they are pla1817.
ced. The most perfect equality Art. 5. The present convention is to exist between the consuls of shall be ratified, and the ratifica. each class throughout the territory tions shall be exchanged at London of each of the high contracting within four months from the date parties. The consuls shall enjoy hereof, or sooner if possible. the privileges attached to their
In witness whereof, the respec. rank, as generally recognised and tive plenipotentiaries have signed granted. In all civil and criminal the same, and have affixed thereto affairs, they are to submit like the the seals of their arms.
rest of their fellow-countrymen, to Done at Rio de Janeiro, the the laws of the land in which they 23d day of November, in the year reside, and to enjoy the entire pro. of our Lord 1826.
tection of those laws during their [L.s.] ROBERT GORDON.
observance of them. (L.s.] Marquez de S. AMARO. Art. 3. The consuls, and vice(L.s.] Marquez de INIIAMBUPE. consuls of the two nations shall,
each in his respective residence, Treaty of Commerce and Naviga- take cognizance and decide upon
tion between his Britannic Majes. the differences which may arise ty, and his Majesty the Emperor between the subjects, the captains, of Brazil.
and crews, of the vessels of their Rio Janeiro, August 17th, 1827. respective nations, without the in. In the name of the Holy and tervention of the authorities of the Indivisible Trinity, &c. &c. countries, unless the public tran.
Art. 1. There shall be peace quillity demand it, or unless the and friendship for ever, between parties themselves carry the affair his majesty the emperor of Bra- before the tribunals of the territory, zil, and his majesty the king of in which the difference arises. În
like manner, they shall have the of the other, as regards their own right of administering the property persons, the same rights, favours of the subjects of their own nation, and franchises, which are or may dying intestate, for the benefit of afterwards be granted, to the sub. the legitimate heirs of said proper. jects of the most favoured nations. ty, or creditors, conformably to the Art. 6. The constitution of the laws of their respective countries. empire having abolished all sepa.
Art. 4. The subjects of each of rate jurisdictions, it is agreed that the high contracting parties are to the office of judge advocate (juiz enjoy, throughout the territory of conservador) of the British nation the other, the most perfect liberty shall be suppressed, and that in the of conscience in all matters of re mean time a sufficient substitute ligion, conformably to the system shall be provided, for the protection of toleration, introduced and follow. of the persons and property of ed in each of their respective the subjects of his Britannic macountries.
jesty. Hereby it is understood, Art. 5. The subjects of either that the subjects of his Britannic sovereign may, at their own plea. majesty shall enjoy in Brazil, the sure, dispose of their property by same rights and advantages en. sale, exchange, testament, or in joyed by Brazilian subjects, in civil any other manner, without let or and criminal matters"; that they hinderance. Their houses, goods, cannot be arrested without previ. and effects, shall be protected and ous inquest, and the orders of the respected, and no authority shall proper authorities, except in cases invade them, without the will of where they are taken in flagrante their proprietors. They shall be delictu, and that their persons are exempted from all service upon to be free from arrest, in all cases land, and upon the sea; from all in which the law allows bail. forced loans, and contributions, for Art. 7. If, which Heaven avert, war or for the service of the state ; any misunderstanding, breach of they shall not be required to pay any friendship, or rupture, should take ordinary tax, under any denomina. place between the two crowns, tion whatsoever, at a higher rate such rupture shall not be consider. than that paid by the subjects of the ed as existing, until after the recall monarch, whose territory they in or the departure of the diplomatic habit. They shall not be subjected agents of the two powers. The to any arbitrary domiciliary visits; subjects of either power remaining their books or papers shall not be within the territory of the other, demanded nor examined under any shall have the right of regulating pretence. It is agreed that domici. their affairs, or of carrying on their liary and other visits, and examina. business with the interior, provided tions, shall only take place in the pre. they continue to act peaceably, and sence of the competent authorities, do nothing contrary to the laws. in cases of high treason, smuggling, Nevertheless, whenever their con. and other crimes, provided for by duct gives rise to suspicions, they the laws of the respective nations. may be obliged to quit the country, In general it is expressly stipulated, every possible facility being afford. that the subjects of each party ed them, to retire with their pro. shall enjoy, throughout the territory perty and effects, and sufficient
time being granted them ; in no been thus interdicted, shall be case, however, 10
exceed six opened to the commerce of any months.
other nation, it shall be, from that Art. 8. It is also agreed, that moment, also opened to the sub. heither of the two contracting par. jects of the two high coutracting ties shall knowingly or designedly parties. The subjects of th two take or keep in his service, those high contracting parties may enter subjects of the other, who may with their respective ships, into all have deserted from the sea or land the ports, harbours, bays and an. service, but shall on proper de. chorages, of the territories belong. mand, dismiss all such from his ing to each of the two parties, unemploy. It is moreover declared load the whole or a part of their and agreed, that every favour cargoes, and take in or re-export which can be granted by one of the merchandises. They may remain powers to the other, relative to de. there, rent houses and stores, tra. serters from his service, shall be vel, trade, open shops, transport considered as also conceded in the goods, boats or money, and attend opposite case, as fully as if ex. to all their concerns, without being pressed in the present treaty. It thereby subjected to any surveil. is also agreed that in the case of lance, and transact their business sailors or marines, deserting from at their pleasure, by means of ships belonging to subjects of agents and clerks. Nevertheless, either power, during their sojourn it is agreed that the coasting trade in the ports of the other, the au. between ports, with articles of con. thorities are bound to render all sumption, either with the interior, possible assistance, for the arrest or with other nations, shall be exof such deserters ; in like manner cepted, and that this trade can only the necessary reclamations shall be carried on in ships of the coun. be made by the consul-general, try; the subjects of the two powers the consul, or his deputies and re. are, however, permitted to load presentatives; and moreover, no re. such ships with their property, ligious or civil corporation shall merchandise and money, on paying protect or receive the said desert. the same duties, ers.
Art. 11. The ships of the sub. Art. 9. Salutes in ports, and jects of each of the two high con. between flags, shall be made con. tracting powers, shall pay formably to the usual existing re. higher port, tonnage, and the like gulations between maritime states. duties, than those which are or may
Art. 10. Liberty of commerce hereafier be required of the most and navigation shall be recipro- favoured nations. cally enjoyed, by the respective Art. 12. In order to prevent all subjects of the two powers, in ships doubts concerning the nation to of both nations, and in all and which a ship may belong, the two every port, city, and territory, be parties have agreed to consider as longing to the said contracting English, those ships which are powers, excepting those to which purchased, registered, and employentrance is expressly forbidden ed in navigation, conformably to to any foreign nation. It is agreed, the laws of Great Britain. On the that as soon as a port which has other hand, such are to be consi.
dered Brazilian, as are built upon carriages, musket stocks, bande. the Brazilian territory, belong to Jiers, powder, matches, saltpetre, Brazilian subjects, and whose cap. balls, pikes, swords, helmets, cui. tain and three fourths of the crew, rasses, balberts, lances, spears, are Brazilians. All ships shall horse furniture, holsters, sword likewise be considered as Brazi. belts, and instruments of war in lian, taken from the enemy by general, as well as ship timbers, ships of his majesty, the emperor of tar and pitch, sheet copper, sails, Brazil, or by his subjects, furnished canvass, ropes, and, in general, with letters of marque, if they have every thing necessary for fitting been declared lawful prize by the out ships of war, except unwrought Brazilian prize court; also those iron, and pine boards. which have been condemned by a Art. 16 Packets shall be es. competent tribunal, for infraction tablished, to facilitate the public of the laws prohibiting the slave. service of both courts, and the trade, and those bought by Brazi. commercial relations between the lian subjects, with crews constitu- subjects of each. They shall be ted as above mentioned.
considered as royal ships, whene. Art. 13. The subjects of each ver they are under the orders of of the two monarchs, while on the officers of the royal navy. This territory of the other, shall enjoy ar icle shall remain in force until entire liberty of trading in any an agreement has been concluded way with other nations.
between the powers, for the spe. Art. 14. Excepting in this re. cial arrangement of the packet spect, all articles and merchandise establishment. of which the crown of Brazil re. Art. 17. For the more effica. serves to itself the exclusive mo. cious protection of the commerce nopoly. If, however, the trade of and navigation of their respective any one of these articles should subjects, the two high contracting afterwards become free, the sub. partics, agree to receive no pirates jects of his Britannic majesty shall within the ports, bays, or anchora. be permitted to exercise it, with no ges of their respective dominions, greater restrictions than those of and to prosecute with all the rigour his majesty the emperor of Brazil. of the laws, all persons convicted The duties upon the import and of piracy, and all persons domici. export of these articles, and mer. liated in the territory, convicted of chandises, shall in all cases be the understanding or participation with same, whether consigned to Bra. them. All ship's and cargoes be. zilian, or to English subjects, or ex. longing to the subjects of either of ported by them or belonging en. the contracting parties, taken or tirely to one of them.
robbed by pirates, in the neighbour. Art. 15. In order to determine hood of one of the ports of the what is to be viewed as contraband other, shall be returned to their in time of war, it is agreed to in. proprietors, or to those whom they clude under that head, all arms
may appoint, as soon as the identi, and munitions of war, by land or ty of the property can be estab. sea, such as cannon, guns, mor lished. This restitution shall take tars, petards, bombs, hand gre. place, even when the article claim, nades, grape shot, saucissons, gun ed has been sold; only, however,