1828 agents, and factors, as they may judge proper in all their trial at law.

ART. XIII. It is likewise agreed, that the most perfect and entir security of conscience shall be enjoyed by the citizens or subjects o both the contracting parties in the countries subject to the juris diction of the one an the other, without their being liable to be dis turbed or molested on account of their religious belief, so long a they respect the laws and established usages of the country. More over the bodies of the citizens and subjects of one of the contractin parties who may die in the territories of the other, shall be burie in the usual burying grounds, or in other decent or suitable places and shall be protected from violation or disturbance.

ART. XIV. It shall be lawful for the citizens and subjects of th United-States of America, and of the empire of Brazil, to sail wit their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise lade thereon, from any port to the places of those who now are, or wh hereafter shall be, at enmity with either of the contracting parties. shall likewise be lawful for the citizens and subjects aforesaid, t sail with the ships and merchandises before mentioned, and t trade with the same liberty and security, from the places, ports, an havens, of those who are enemies of either party, without any oppo sition, or disturbance whatsoever, not only directly from the place of the enemy before mentioned, to neutral places, but also from on place belonging to an enemy to another place belonging to an enemy whether they be under the jurisdiction of one power, or under se veral. And it is hereby stipulated, that free ships shall also giv freedom to goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the ships belonging t the citizens or subjects of either of the contracting parties, althoug the whole lading, or any part thereof should appertain to the ene mies of either, contraband goods being always excepted. It is als agreed in like manner, that the same liberty be extended to person who are on board a free ship, with this effect, that although they b enemies to both or either party, they are not to be taken out of tha free ship, unless they are officers or soldiers, and in the actual ser vice of the enemies: Provided however, and it is hereby agreed that the stipulations in this article contained, declaring that the fla shall cover the property, shall be unterstood as applying to thos Powers only, who recognize this principle; but if either of the tw contracting parties shall be at war with a third, and the other neu

tral, the flag of the neutral shall cover the property of enemies whose 1828 governments acknowledge this principle, and not of others.

ART. XV. It is likewise agreed, that in the case where the neutral 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 enemy's vessels, shall be held and considered as enemy's 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, it if 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 merchandize of the neutral, embarked in such enemy's ship, shall be free.

ART. XVI. This liberty of commerce and navigation shall oxtend to all kinds of merchandises, éxcepting those only which are distinguished by the name of contraband; and under this name of contraband, or prohibited goods, shall be comprehended:

1o Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and grenades, bombs, powder, matches; balls, and all other things belonging to the use of these arms;

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

3o Cavalry belts and horses with their furniture;

4o 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. XVII. All other merchandise and things not comprehended in the articles of contraband, expressly enumerated and classified as above, shall be held and considered as free, 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 paricular, it is declared, that those places only are besieged or blockaded, which are actually attacked by a force capable of preventing the ntry of the neutral.

ART. XVIII. The articles of contraband, before enumerated and lassified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the

1828 rest of the cargo and the ship, that the owners may dispose of th as they see proper. No vessel of either of the two nations shall detained on the high seas, on account of having on board articles contraband, whenever the master, captain or supercargo of s vessels, will deliver up the articles of contraband to the captor, less the quantity of such articles be so great, and of so large a bu that they cannot be received on, board the capturing ship with great inconvenience: but in this and all the other cases of just tention, the vessel detained shall be sent to the nearest conveni and safe port, for trial and judgment, according to law.

ART. XIX. And whereas it frequently happens that vessels for a port or a place belonging to an enemy, without knowing t the same is besieged, blockaded, or invested, it is agreed that ev vessel so circumstanced, may be turned away from such port place, but shall not be detained, nor shall any part of her cargo not contraband, be confiscated, unless, after warning of such block or investment from any officer commanding a vessel of the block ing forces, she shall again attempt to enter; but she shall be pern ted to go to any other port or place, she shall think proper: shall any vessel of either that may have entered into such port fore the same was actually besieged, blockaded, or invested by other, be restrained from quitting such place with her cargo, no found therein, after the reduction and surrender, shall such ves or her cargo, be liable to confiscation, but they shall be restored the owners thereof. And if any vessel having thus entered the p before the blockade took place, shall take on board a cargo after blockade be established, she shall be subject to being warned the blockading forces to return to the port blockaded, and discha the said cargo, and if after receiving the said warning the ves shall persist in going out with the cargo, she shall be liable to same consequences as a vessel attempting to enter a blockaded p after being warned off by the blockading forces.

ART. XX. In order to prevent all kinds of disorder in the visit and examination of the ships and cargoes of both the contract parties on the high seas, they have agreed mutually, that whene a vessel of war, public, or private, shall meet with a neutral of other contracting party, the first shall remain at the greatest dista compatible with making the visit under the circumstances of the and wind and the degree of suspicion attending the vessel to visited, and shall send its smallest boat, in order to execute the s examination of the papers concerning the ownership and cargo the vessel, without causing the least extortion, violence, or ill tre

nent, for which the commanders of the said armed ships, shall be 1828 esponsible with their persons and property; for which purpose the ommanders of the said private armed vessels shall, before receiving heir commissions, give sufficient security to answer for all the amages they may commit; and it is expressly agreed, that the neural party shall in no case be required to go on board the examining essel, for the purpose of exhibiting her papers, or for any other urpose whatever.

ART. XXI. To avoid all kind of vexation and abuse in the examiation of the papers relating to the ownership of the vessels belongng to the citizens and subjects of the two contracting parties, they ave agreed, and do agree, that in case one of them shall be engaged war, the ships and vessels belonging to the citizens or subjects f the other, must be furnished with sea-letters or passports, exressing the name, property and bulk of the ship, as also the name nd place of habitation of the master or commander of said vessel, order that it may thereby appear that the ship really and truly elongs to the citizens or subjects of one of the parties; they have kewise agreed, that such ships being laden, besides the said seatters or passports, shall also be provided with certificates, conining the several particulars of the cargo, and the place whence e ship sailed, so that it may be known, whether any forbidden or ›ntraband goods be on board the same; which certificates shall be ade out by the officers of the place whence the ship sailed, in the customed form; without such requisites said vessel may be deined, to be adjudged by the competent tribunal, and may be deared legal prize, unless the said defect shall be proved to be owing accident, and be satisfied or supplied by testimony entirely equialent.

ART. XXII. It is further agreed, that the stipulations above exressed, relative to the visiting and examining of vessels, shall apply aly to those which sail without convoy : and when said vessel shall e under convoy, the verbal declaration of the commander of the ›nvoy, on his word of honor, that the vessels under his protection elong to the nation whose flag he carries: and when they are bound an enemy's port, that they have no contraband goods on board, all be sufficient.

ART. XXIII. It is further agreed, that in all cases the established urts for prize causes, in the countries to which the prizes may be nducted shall alone take cognizance of them. And whenever ch tribunal of either party, shall pronounce judgment against any essel, or goods, or property claimed by the citizens or subjects of

1828 the other party, the sentence or decree shall mention the reasons of

motives, on which the same shall have been founded, and an authen ticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander o agent of said vessel, without any delay, he paying the legal fees fo the same.

ART. XXIV. Whenever one of the contracting parties shall b engaged in war with another state, no citizen or subject of the othe contracting party, shall accept a commission, or letter of marque, fo the purpose of assisting, or co-operating hostilely, with the sai enemy, against the said party so at war, under the pain of bein treated as a pirate.

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

ART. XXVI. Neither the debts due from the individuals of th one nation, to the individuals of the other, nor shares nor mone which they may have in public funds, nor in public or private bank shall ever in any event of war or national difference be sequestrat or confiscated.

ART. XXVII. Both the contracting parties being desirous of avoidi all inequality in relation to their public communications and offic intercourse, have agreed and do agree, to grant to their Envoy Ministers, and other public Agents, the same favors, immunities a exemptions, which those of the most favored nation do, or sh enjoy; it being understood, that whatever favors, immunities, or p vileges, the United-States of America, or the empire of Brazil m find it proper to give the Ministers and public Agents of any oth power, shall, by the same act, be extended to those of each of t contracting parties.