1828. December 12.

Negotiators appointed to conclude a treaty.

Firm and invio

TREATY WITH BRAZIL.

[Negotiated in the English Language.]

By the President of the United States of America. A Proclamation:

Whereas a Treaty or General Convention of Peace, Friendship, Commerce and Navigation, between the United States of America and his Majesty the Emperor of Brazil, was concluded and signed at Rio de Janeiro, on the twelfth day of December, 1828, which Treaty or General Convention is, word for word, as follows:

In the name of the Most Holy and Indivisible Trinity:

The United States of America, and his Majesty the Emperor of Brazil, desiring to establish a firm and permanent peace and friendship between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty, or general convention of peace, friendship, commerce, and navigation.

For this most desirable object, the President of the United States has conferred full powers on William Tudor, their Chargé d'Affaires at the Court of Brazil; and his Majesty the Emperor of Brazil on the most illustrious and most excellent Marquez of Aracaty, a member of his council, gentleman of the imperial bed chamber, councillor of the treasury, grand cross of the order of Aviz, senator of the empire, minister and secretary of state for foreign affairs, and Miguel de Souza Mello e Alvim, a member of his council, commander of the order of Aviz, knight of the imperial order of the cross, chief of division in the imperial and national navy, minister and secretary of state for the marine, who, after having exchanged their said full powers in due and proper form, have agreed to the following articles:

ART. 1. There shall be a perfect, firm, and inviolable peace lable peace, &c and friendship between the United States of America and their citizens, and his Imperial Majesty, his successors and subjects throughout their possessions and territories respectively, without distinction of persons or places.

Favors of commerce to be

ART. 2. The United States of America and his Majesty the common to both Emperor of Brazil, desiring to live in peace and harmony with parties. all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favor to other nations in respect of commerce and navigation, which shall not immediately become common

to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. It is understood, however, that the relations and conventions which now exist, or may hereafter exist, between Brazil and Portugal, shall form an exception to this article.

1828. December 12.

in trade and re

ART. 3. The two high contracting parties, being likewise Mutual benefits desirous of placing the commerce and navigation of their re- sidence to be espective countries on the liberal basis of perfect equality and qually enjoyed. reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of produce, manufactures, and merchandize; and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens and subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws.

ART. 4. They likewise agree, that whatever kind of pro- Each party may duce, manufactures, or merchandize of any foreign country, produce to the carry its own can be, from time to time, lawfully imported into the United republic of the other-equali States, in their own vessels, may be also imported in vessels zation of duties of Brazil; and that no higher or other duties upon the tonnage to be the basis established, and of the vessel and her cargo, shall be levied and collected, whe- of all trade. ther the importation be made in vessels of the one country, or of the other. And, in like manner, that whatever kind of produce, manufactures or merchandize, of any foreign country, can be, from time to time, lawfully imported into the Empire of Brazil, in its own vessels, may be also imported in vessels of the United States; and that no higher or other duties, upon the tonnage of the vessel and her cargo, shall be levied or collected, whether the importation be made in vessels of the one country, or of the other. And they agree, that whatever may be lawfully exported, or re-exported, from the one country, in its own vessels, to any foreign country, may, in like manner, be exported, or re-exported, in the vessels of the other country. And the same bounties, duties and drawbacks, shall be allowed and collected, whether such exportation or re-exportation, be made in vessels of the United States, or of the Empire of Brazil. The government of the United States, however, considering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Bra

1828.

zilian, when the proprietor and captain are subjects of Brazil December 12 and the papers are in legal form.

Importations and exportations to be on a reciprocal footing.

ART. 5. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the Empire of Brazil, and no higher or other duties shall be imposed on the importation into the Empire of Brazil, of any articles, the produce or manufactures of the United States, than are or shall be, payable on the like articles, being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges, be imposed in either of the two countries, on the exportation of any articles to the United States, or to the Empire of Brazil, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any No partial pro- prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the United States, or of the Empire of Brazil, to or from the territories of the United States, or to or from the territories of the Empire of Brazil, which shall not equally extend to all other nations.

hibitions to be established.

Merchants,

commanders of

countries, &c.

ART. 6. It is likewise agreed that it shall be wholly free ships, and other for all merchants, commanders of ships, and other citizens or citizens of both subjects of both countries, to manage themselves their own buto manage their siness in all ports and places subject to the jurisdiction of each to be treated as other, as well with respect to the consignment and sale of their citizens of the goods and merchandise by wholesale or retail, as with respect

own business;

most favored

nation.

Citizens of neither of the contracting parties shall be liable

to any embar

go, &c.

Whenever the citizens of either party seek refuge, in the dominions, &c. of the other,

they are to be

treated as friends, &c.

to the loading, unloading, and sending off their ships, they being in all these cases to be treated as citizens or subjects of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation.

ART. 7. The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise or effects, for any military expedition, nor for any public or private purpose, whatever, without allowing to those interested a sufficient indemnification.

ART. 8. Whenever the citizens or subjects of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions, of the other, with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions,

and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.

1828. December 12.

the citizens of

rates, and found

ART. 9. All the ships, merchandise, and effects belonging to All ships, &e. the citizens or subjects of one of the contracting parties, which belonging to may be captured by pirates, whether within the limits of its ju- either party risdiction, or on the high seas, and may be carried or found in captured by pithe rivers, roads, ports, bays, or dominions, of the other, shall within the dobe delivered up to the owners, they proving in due and pro- er, to be deliper form, their rights before the competent tribunals; it being vered up to the well understood that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective governments.

minions of eith

owners.

rendered in

&e within the dominions of

ART. 10. When any vessel belonging to the citizens or sub- Assistance and jects of either of the contracting parties shall be wrecked, protection to be foundered, or shall suffer any damage on the coasts, or within case of wrecks, the dominions of the other, there shall be given to them all assistance and protection in the same manner which is usual each other. and customary with the vessels of the nation where the damage happens, permitting them to unload said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported, unless they be destined for consumption.

power to dis

or otherwise.

ART. 11. The citizens or subjects of each of the contract- Citizens of each ing parties shall have power to dispose of their personal goods party shall have within the jurisdiction of the other, by sale, donation, testa- pose of their ment, or otherwise, and their representatives, being citizens of feets within the goods and efthe other party, shall succeed to the said personal goods, whe- jurisdiction of the other, by ther by testament or ab intestato, and they may take posses- sale, testament, sion thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country, wherein the said goods are, shall be subject to pay in like cases: And if, in the case of Alien heirs alreal estate, the said heirs, would be prevented from entering lowed 3 years to dispose of into the possession of the inheritance, on account of their their property. character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country.

ART. 12. Both the contracting parties promise and engage, Complete proformally to give their special protection to the persons and tection in persons and proproperty of the citizens and subjects of each other, of all occu- perty in the ter pations, who may be in their territories subject to the juris- nations, legal diction of the one or the other, transient or dwelling therein, redress, &c.

ritories of both

1828.

December 12.

Liberty of conscience and

rites of burial

secured.

Both parties at liberty to trade with those at enmity with either, &c.

leaving open and free to them the tribunals of justice for their judicial intercourse, on the same terms which are usual and customary, with the natives or citizens and subjects of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their trials at law.

ART. 13. It is likewise agreed that the most perfect and entire security of conscience shall be enjoyed by the citizens or subjects of both the contracting parties, in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover, the bodies of the citizens and subjects of one of the contracting parties, who may die in the territories of the other, shall be buried in the usual burying grounds, or in other decent or suitable places, and shall be protected from violation or disturbance.

ART. 14. It shall be lawful for the citizens and subjects of the United States of America and of the Empire of Brazil, to sail with their ships, with all manner of liberty and security, no distinction being made, who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or who hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens and subjects aforesaid, to sail with the ships and merchandises before mentioned, and to trade with the same liberty and security from the places, ports, and havens, of those who are enemies of either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy, before mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the ships belonging to the citizens or subjects of either of the contracting parties although the whole lading, or any part thereof should appertain to the enemies of either, contraAll persons on band goods being always excepted. It is also agreed, in like board, except those in the ac manner, that the same liberty be extended to persons who are tual service of on board a free ship, with this effect, that although they be enean enemy to be free. mies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the

Free ships to make free goods.