AMERICAN DIPLOMATIC CODE,
EMBRACING A COLLECTION OF
TREATIES AND CONVENTIONS BETWEEN THE UNITED STATES AND FOREIGN POWERS:
PUBLIC MINISTERS AND CONSULS,
AND FOR ALL OTHERS HAVING OFFICIAL OR COMMERCIAL INTERCOURSE WITH FOREIGN NATIONS.
"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.
PRINTED BY JONATHAN ELLIOT, JUNIOR,
ON THE PENNSYLVANIA AVENUE.
Entered according to Aet 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.
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. Favors of commerce to be common to both parties
3. Mutual benefits in trade and residence to be equally enjoyed. 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 meir 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, ete. 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, 74 25. In case of war, six months allowed to those on the coast, and 12 for those in the interior, to remove effects, etc. 26. No sequestration of money in banks, etc, 74 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. Sdly. 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,
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
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. Merchants, commanders of ships, and other citizens of both countries, &c. to manage their own business; to be treated as citizens, etc. 45 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, etc 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
10. Assistance and protection to be rendered in case of wrecks, etc. within the dominions of each other.. Cilizers of each party, shall have power to dispose of their goods and effects withiir the jurisdiction of the other, by sale, testament, or otherwise 47 12. Complete protection in perspps and property in the territories of both nations, &c. 13. Liberty of consciencgard reset burial secured. 14. Both parties at liberty to
trade with those a camity with 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. courts only to try prize causes. Motives of condemnation to be stated. neutral party not to accept a commission to cruise against the other. case of war, six months allowed to those on the coast, and twelve for those in the interior to remove effects, &c.
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. S1. 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. 63 4th. Other treaties not to be contravened by this. Ratification within eight months 63
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