1828.

actual service of the enemies: Provided, however, and it is hereby agreed, that the stipulations in this article contained, declaring that the flag shall cover the property, shall be un- Flag covering derstood as applying to those powers only who recognise this the property to be applied to principle; but if either of the two contracting parties should be those powers, at war with a third, and the other neutral, the flag of the neu- only, who acknowledge the tral shall cover the property of enemies whose governments principle. acknowledge this principle, and not of others.

perty, to be

protected by a neutral flag, must be shipped two months

before declara

tion of war, &c.

ART. 15. It is likewise agreed, that in the case where the Enemy's proneutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemies vessels shall be held and considered as enemies property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree, that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandise of the neutral, embarked in such enemy's ship shall be free.

ART. 16. This liberty of commerce and navigation shall ex- Contraband tend to all kinds of merchandises, excepting those only which specified. are distinguished by the name of contraband, and under this name of contraband, or prohibited goods, shall be comprehended

1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzées, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these

arms.

2dly. Bucklers, helmets, breast-plates, coats of mail, infantry belts, and clothes made up in the form and for a military

use.

3dly. Cavalry belts, and horses with their furniture.

4thly. And generally all kinds of arms and instruments of iron, steel, brass and copper, or of any other materials manufactured, prepared and formed, expressly to make war by sea or land.

ART. 17. All other merchandise and things not compre- Goods not conhended in the articles of contraband expressly enumerated, traband.

and classified as above, shall be held and considered as free,

1828.

December 12.

Definition of blockade.

Contraband only liable to confiscation.

In cases of

sels to be noti

and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral.

ART. 18. The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemies port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners No vessel of either may dispose of them as they see proper. of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great, and of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment according to law.

ART. 19. And whereas it frequently happens that vessels blockade, ves- sail for a port or place belonging to an enemy, without knowfied but not de- ing that the same is besieged, blockaded, or invested, it is tained, &c. agreed, that every vessel so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade, or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to Vessels enter any other port or place she shall think proper. Nor shall any ing before vessel of either, that may have entered into such port before blockade, may quit unmolest- the same was actually besieged, blockaded or invested, ed, &c. by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning the vessel shall persist in going out with the cargo, she shall be liable to the same

consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces.

1828. December 12.

main out of

ART. 20. In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the at sea, armed During a visit contracting parties on the high seas, they have agreed mutual vessels to rely, that whenever a vessel of war, public or private, shall meet reach of cannon with a neutral of the other contracting party, the first shall shot. remain at the greatest distance compatible, with making the visit under the circumstances of the sea and wind and the degree of suspicion attending the vessel to be visited, and shall send its smallest boat, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill treatment, for which the commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; and it is ex- Neutrals not to pressly agreed, that the neutral party shall in no case be re- go on board the examining ves quired to go on board the examining vessel, for the purpose of sel. exhibiting her papers, or for any other purpose whatever.

tificates of car

perty belonge

ART. 21. To avoid all kind of vexation and abuse in the In case of war, examination of the papers relating to the ownership of the ves- sea letters, cersels belonging to the citizens and subjects of the two contract- go, &c. to be ing parties, they have agreed, and do agree, that in case one furnished, expressing to of them shall be engaged in war, the ships and vessels belong- whom the pro ing to the citizens or subjects of the other, must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of said vessel, in order that it may thereby appear, that the ship really and truly belongs to the citizens or subjects of one of the parties; they have likewise agreed that such ships being laden, besides the said sea-letters or passports, shall also be provided with certificates containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form; without such requisites said vessel may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall be proved to be owing to accident, and be satis fied or supplied by testimony entirely equivalent.

1828.

ART. 22. It is further agreed, that the stipulations above December 12. expressed, relative to the visiting and examining of vessels, shall apply only to those which sail without convoy; and when Visiting regu lations to apply said vessels shall be under convoy, the verbal declaration of only to vessels the commander of the convoy, on his word of honor, that the without convoy vessels under his protection belong to the nation whose flag he carries; and when they are bound to an enemies port, that they have no contraband goods on board, shall be sufficient.

Established

ART. 23. It is further agreed, that in all cases the establishcourts only to ed courts for prize causes, in the countries to which the prizes try prize causes Motives of con- may be conducted, shall alone take cognizance of them. And demnation to be whenever such tribunal of either party shall pronounce judg

stated.

ment against any vessel or goods, or property claimed by the citizens or subjects of the other party, the sentence or decree shall mention the reasons or motives, on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said ves sel, without any delay, he paying the legal fees for the same. ART. 24. Whenever one of the contracting parties shall be cept a commis- engaged in war with another state, no citizen or subject of the sion to cruise other contracting party, shall accept a commission, or letter of marque, for the purpose of assisting, or co-operating hostilely, with the said enemy, against the said party so at war, under the pain of being treated as a pirate.

The neutral party not to ac

against the other.

In case of war, 6 months allowed to those

and 12 for those in the interior to remove effects, &c.

ART. 25. If, by any fatality which cannot be expected, and which God forbid, the two contracting parties should be enon the coast, gaged in a war with each other, they have agreed, and do agree, now for them, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens and subjects of all other occupations who may be established in the territories or dominions of the United States and of the Empire of Brazil, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them.

And no seques

tation of money

ART. 26. Neither the debts due from individuals of the one in bank or pub nation to the individuals of the other, nor shares, nor money,

lic funds,

which they may have in public funds, nor in public nor private banks, shall ever, in any event of war, or national difference, be sequestrated or confiscated.

1828. December 12.

to be on a reci

procal footing.

ART. 27. Both the contracting parties being desirous of Official interavoiding all inequality in relation to their public communica- course in relation to public tions and official intercourse, have agreed, and do agree, to ministers, &c. grant to the envoys, ministers, and other public agents, the same favors, immunities, and exemptions, which those of the most favored nation do or shall enjoy; it being understood that whatever favors, immunities, or privileges, the United States of America or the Empire of Brazil may find it proper to give the ministers and public agents of any other power, shall, by the same act, be extended to those of each of the contracting parties.

consuls in each

others' ports.

ART. 28. To make more effectual the protection which the Each party perUnited States and the Empire of Brazil shall afford in future mitted to have to the navigation and commerce of the citizens and subjects of each other, they agree to receive and admit consuls and vice-consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities, of the consuls and vice-consuls of the most favored nations; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such consuls may not seem convenient.

ART. 29. In order that the consuls and vice-consuls of the Commissions to two contracting parties may enjoy the rights, prerogatives, and fore exequatur be exhibited be immunities, which belong to them, by their public character, is obtained. they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants, in the consular district in which they reside.

chives inviolate.

ART. 30. It is likewise agreed, that the consuls, their se- Consulsexempt from public ser cretaries, officers, and persons attached to the service of convice-their arsuls, they not being citizens of the country in which the consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce, or their property, to which the citizens or subjects and inhabitants, native and foreign, of the country in which they reside are subject; being in every thing besides subject to the laws of their respective states. The archives and papers of the consulate shall be respected inviolably, and under no