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in those cases in which the buyer stance may be taken into consideknew, or ought to have known, ration as soon as possible, and withthat said article had been acquired out causing any delay in the shipby piracy.
ping of said article. Art. 18. If any ship of war or It has been likewise agreed, that commerce, belonging to either of whenever English articles intro. the contracting states, should be duced into the Brazilian customwrecked in the ports or on the houses, shall not possess the value coasts of the other, the authorities assigned them in the tariff, and and persons employed by the cus. they are intended for internal con. tom-house of the place, are to ren. sumption, the importer shall add der all possible assistance, to save a declaration of their value, after the persons and property of the which, their transportation shall shipwrecked ; to see that the arti. not be delayed.
In all cases, cles saved or their value be secu. however, in wbich the persons emred, so that if the ship wrecked be ployed by the custom-house, in a ship of war, they may be re. fixing the duties, shall judge that stored to their respective govern.
the articles are rated beneath their ments, and if a merchant ship, to value, it shall be in their power to their proprietor, or to those whom sequester the article thus valued, he may empower, as soon as they to pay the importer ten per cent. are claimed, and the expenses of sal. over and above said valuation, vage
and storage have been paid. within fifteen days from the time Articles saved from shipwreck, of their sequestration, returning shall be subject to no duty, unless the duties already paid ; in all carried for consumption into the which the usages of the English country.
custom-houses shall be followed. Art. 19. Every species of mer Art. 20. His majesty the emchandise, and articles of every peror of Brazil, engages not to kind, which are the natural product admit into any part of his domi. or manufacture of the territories nions, any article coming from of his Britannic majesty, either in abroad, produced or manufactured Europe or in his colonies, may be in said country, under duties less introduced into all or each of the than those fixed in the preceding ports of Brazil, after having once article, unless the same diminution paid a duty, not exceeding fifteen takes place in English articles, per cent. in specie, or its equiva. produced or manufactured in En. lent, as fixed by the tariff, publish- gland, excepting only, all articles ed in all the ports of the kingdom, produced or manufactured in Perin which custom-houses exist. tugal, imported thence directly to
It is also agreed, that when ta. Brazil, in ships of one or the other riffs are in future made, the market nation. His Britannic majesty price shall be taken each time as has consented to this exception, in the basis, and the consul of his favour of Portugal, on account of Britannic majesty, shall have leave the part he has himself taken in to make a representation, whene. the negotiation which has been so ver any one of the articles shall happily terminated by the treaty be valued too highly upon the ex of reconciliation and independence isting tariff, so that this circum. of the 29th of August, 1825, and
also on account of the friendly petent custom-house officers of the relations, which his Britannic ma. port of embarkation ; which shall jesty so ardently desires to main. be numbered in order and attached tain between Brazil and Portugal. to the declaration by the seal of
Art. 21. All articles of mer. the English custom-house; the chandise, the products of the in. correctness of the declaration shall dustry and manufactures of Brazil, be confirmed by oath in presence and imported directly for consump. of the Brazilian consul, and the tion into the territories and posses. affidavit presented to the customsions of his Britannic majesty, in house in the place of importation. Europe, and in his American, Asia. The origin of the articles imported tic, and African colonies, open to into Brazil from British possessions foreign commerce, shall be subject where there is no custom-house, to no higher duties, than those shall be proved with the same for. paid upon the same articles, im. malities used in similar importaported in the same manner, from tions into Great Britain. any other foreign country.
Art. 24. His Britannic majesty Art. 22. As certain articles of engages, in his own name and in Brazilian produce, when imported that of his successors, to allow the for consumption into the United subjects of his imperial majesty to Kingdoms pay heavier duties than trade with his own ports, at home are imposed upon similar products of and in Asia, upon the footing of the English colonies, his Britannic the most favoured nations. majesty agrees that such articles Art. 25. In all cases in which may be stored within his domi. bounty or drawback is allowed nions until re-exported, under the upon articles exported from a port, necessary regulations, without pay. belonging to either of the two ing, any duties of consumption; powers, such bounty or drawback and they shall not be subject to shall be the same under all cir. higher storage or re-exportation cumstances, whether the re-exporduties, than those imposed, or tation take place on Brazilian or which may hereafter be imposed, on English ships. upon similar products of the Bri. Art. 26. His imperial majesty tish colonies, when thus stored engages, in his own name, and in or re-exported.
that of his successors, not to per. In like manner, the products of mit any restriction upon the com. the English colonies, which are merce of his Britannic majesty, similar to those of Brazil, can only within his states, or injury to them be admitted for re-exportation into from the effect of any exclusive the Brazilian port under the same monopoly for buying or selling, favourable conditions to which simi. or by privileges granted to any lar articles are subjected in the commercial company. The sub. English custom-house.
jects of his Britannic majesty, on Art. 23. Every species of ar- the contrary, shall have full and ticle and merchandise, imported entire liberty of buying and sellin from the English territories into to whom and in what manner they a port of his imperial majesty, please, without being obliged to give must be aceompanied by certifi. the preference to any such company, cates of its origin, signed by com. or to any individual enjoying such
exclusive privileges. On his own Done at Rio Janeiro, on the part, his Britannic majesty engages
17th of the month of August, in to preserve faithfully and recipro. the year of grace eighteen hun. cally, the same principle with re.
dred and twenty-seven. gard to the subjects of his imperial Signed. majesty. Those articles of Brazilian [L.s.] The MARQUIS DE QUEL UZ. produce, which the crown has re [L.s.] The Vi'ct DE S. LEOPOLDU. served to itself the exclusive right (L.s.] THE MARQUIS DE MACEYO. of buying and selling, are not com. [l.s.) ROBERT GORDOX. prehended under this provision, whilst such reservation remains in force.
TREATY BETWEEN BRAZIL AND THE Art. 27. His imperial majesty has resolved to grant to the sub.
In the name of the most Holy jects of his Britannic majesty the and
Indivisible Trinity. same privilege of credit (assigna.
The Senate of the Free and tion) at the custom-houses, enjoyed Hanseatic city of Lubeck, the by those of his Brazilian majesty. On Senate of the Free and Hanseatic the other hand, it is agreed and stipu. city of Bremen, and the Senate of lated, that the Brazilian traders the Free and Hanseatic city of shall enjoy in the British custom. Hamburgh, on one part, each of houses, the same favour, as long as them separately, and his Majesty the laws allow it to British subjects the Emperor of Brazil on the other themselves.
part, desirous of consolidating the Art. 28. The high contracting relations of commerce and navigaparties have agreed that the stipu. tion between their respective states, lations contained in the present have named to conclude a conven. treaty, shall remain in vigour for tion founded on the principles of a fifteen years, from the date of the fair reciprocity, their Plenipoten. ratification of the present, and tiaries, namelyafter that until one of the two par.
The Senate of the Free and ties shall announce its revocation Hanseatic city of Lubeck, the to the other, in which case the pre Senate of the Free and Hanseatic sent treaty shall cease, upon the city of Bremen, and the Senate of second year after such annuncia. the Free and Hanseatic city of tion.
Hamburgh, John Charles Fre. Art. 29. The present treaty derick Gildemeister, esq., Doctor shall be ratified by the high con. of Laws, member of the Senate of tracting parties, and the ratifica. Bremen, at present their Envoy tions shall be exchanged, within Extraordinary to His Majesty the the space of four months, or less, if Emperor of Brazil, and Charles possible.
Sieveking, esq., Doctor of Laws, In testimony whereof, we, the Member and Syndic of the Senate undersigned, plenipotentiaries of of Hamburgh, at present their Enhis majesty the emperor of Brazil, voy Extraordinary to his said Ma, and of his Britannic majesty, in vir. jesty ; and his Majesty the Empe, tue of our plenary powers, have ror of Brazil, his Excellency the signed the present treaty, and affix marquis de Queluz, Councillor of ed to it our seals and arms. State, Senator of the Empire, Grand
Cross of the Imperial Order of said republics, or depart therefrom, Cruziero, Commander of the Im. shall not be subject to duties levied perial order of Christ, Minister and on the vessels (besides the duties Secretary of State for Foreign payable on their cargoes) under the Affairs, and his Excellency the head of port.charges, anchorage, Count de Lages, Councillor of light-houses, tonnage, visiting, State, Officer of the Imperial Or- pilotage, or any other denomination der of Cruziero, Commander of the whatever, other or more considerImperial Order of Saint Benoit able than those which are actually D'Avis, decorated with the Cross of or may hereafter be imposed on Gold of the army of the South, Bri. national vessels. gadier of the Imperial and National Art. 1V.--The high contracting. Army, Minister and Secretary of parties mutually engage not to es. State for the War Department, and tablish any prohibitions of import Inspector of the Imperial Military or export which shall attach to the Academy, who, after having reci. importations exportations of procally communicated their full either country, not affecting those powers, found in good and due articles of the same description of form, have agreed on the following other countries. The contract. articles :
ing parties engage not to burthen Art. 1.-All ports and anchor. them with any duties or any other ages in the 'respective countries, charges whatever, which shall not open to the vessels of any other at the same time be extended to all nation, shall be in like manner the importations or exportations open to the Brazilian and Hansea. of the same sort, without any dis. tic vessels respectively.
tinction of country. Art. II.- All vessels bearing the Art. V.-All merchandise which flag of one of the republics of can be imported into the states of Lubeck, Bremen, and Hamburgh, the high contracting parties rebelonging exclusively to a citizen spectively in national vessels, or or citizens of one of them, and of which can in like manner be ex. which the captain shall in like ported therefrom, may also be im. manner be a citizen of one of those ported or exported in the vessels of republics, shall be held and con. the other contracting party. sidered for all the objects of this The coasting trade from port to convention, as a vessel belonging to port, employed for transporting Lubeck, Bremen, or Hamburgh. indigenous or foreign products al. A perfect reciprocity shall be ob. ready admitted for consumption, served in respert to Brazilian ships. being nevertheless excepted from Passports, regularly executed, shall this general principle, and reserved establish between the high contract. for the regulations of each country, ing parties the proofs of the na it is agreed by both parties, that tionality of the Brazilian and Han the citizens and subjects of the seatic vessels.
high contracting parties shall enjoy Art. III.-Lubeck, Bremen, and in this respect the privilege of using Hamburgh vessels which shall en. the coasting vessels for the conveyter the Brazilian ports or depart ance of their merchandise, subject therefrom, and Brazilian vessels only to the same duties which are which shall enter the ports of the now levied, or which may here.
after be levied, on the subjects the same latitude and perfect reci. of the most favoured nation.
procity, it is agreed that the said Art. VI.-Any merchandise what. indirect commerce shall for the ever, without distinction as to present be restricted, and shall only origin, exported from the Brazilian take place with respect to the naports to the ports of Lubeck, Bre. tions whose direct commerce is or men, and Hamburgh, or from these shall be favoured in the Brazilian last-mentioned ports to Brazil, in ports by particular treaties. Brazilian vessels, or in vessels be. All merchandise exported in longing to a nation favoured in the Hanseatic vessels from the ports Hanseatic ports in their direct com. of the said nations favoured in merce, and any merchandise im. Brazil, shall pay the same duties of ported from any country whatever import and export, or any other into the Hanseatic ports by Bra. duties which are paid by the Han. zilian vessels, or exported to any seatic cities in their direct com. country whatever from the Han. merce; these merchandises remainseatic ports by Brazilian vessels, ing nevertheless liable to the other shall not, in the above-mentioned formalities required when they are ports, pay the export and import imported into the Brazilian 'ports duties, and any other duties, ex. by nations favoured in their direct cept according to the rates granted commerce. to the direct commerce of the most All bounties, drawbacks, or other favoured nation.
such advantages granted in one of On the other part, any mer.
the countries on importation or ex. chandise whatever, without distinc. portation, in the vessels of any tion as to origin, exported from foreign nation whatever, shall in the ports of Lubeck, Bromen, or like manner be granted when the Hamburgh, to Brazil, or from Bra- importation or exportation shall be zil to these ports, in Hanseatic ves. performed by the vessels of the sels or in vessels belonging to any other country. nation favoured in the Brazilian In the direct navigation between ports in their direct commerce, shall the Brazils and the Hanseatic not pay in Brazil the import or export cities, the manifests witnessed by duties, or any duties whatever, but the Consuls, Brazilian or Hanseatic such as are fixed by a rate to the respectively, or if there should not direct and national commerce of be any consuls by the local author. the most favoured nation ; a rate ities, shall be sufficient to admit which by other treaties has been the respective importations or extemporarily fixed at fifteen per cent. portations to the advantages stipu. instead of twenty-four, for all lated in this article, merchandise introduced for con. Art. VII.-The indigenous arsumption.
ticles referred to in the preceding The Hanseatic cities not having article shall experience in the replaced any restriction on the indi. spective Custom-houses, as far as rect commerce of Brazil, and the regards their valuation, all the ad. Brazilian government not being in vantages and facilities which are all respects able, in the present or shall be conceded to the most state of their commercial relations, favoured nation. It is understood to grant to the indirect commerce that in cases where they shall not