Page images
PDF

stipulated that neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other, on complaints of injuries or damages until the said party considering itself offended shall havefirst presented to the othera statement of such injuriesor damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed.

4th. Nothing in this treaty shall, however, be construed or operate contrary to former and existing public treaties with other Sovereigns and States.

The present treaty of peace, a-mity, commerce, and navigation shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Bolivia, with the approbation of the National Congress: and the ratifications shall be exchanged in the capital of the Republic of Bolivia within eight months, to be counted from the date of the ratification by both Governments.

In faith whereof we, the Plenipotentiaries of the United States of America and of the Bepublic of Bolivia, have signed and sealed these presents.

Done in La Paz, on the thirteenth (13th) day of May, in the year of our Lord one thousand eight hundred and fifty-eight, (A. D. 1858.)

[graphic][merged small]
[ocr errors]

BOENEO, 1850.

TREATY WITH BORNEO, CONCLUDED JUNE 23, 1850; RATIFICATIONS EXCHANGED AT BRUNI JULY 11, 1853; PROCLAIMED JULY 12, 1854.

His Highness Omar Ali Saifeddin ebn Marhoum Sultan Mahoined Jamalel Alam and Pangiran Aiiak Mumiu, to whom belong the govern mcntof the country of Bruni and all its provinces and dependencies, for themselves and their descendants on the one part, and the United States of America on the other, have agreed to cement the friendship which has long and happily existed between them, by a convention, containing the following articles:

Article I.

Peace, friendship, and good understanding shall from henceforward rTM. ,„,i fricj- aid forever subsist between the United States of America and His Highness Omar Ali Saifeddin, Sultan of Borneo, and their respective successors and citizens and subjects.

Article II.

The citizens of the United States of America shall have full liberty to enter into, reside in, trade with, and pass with their merchandise through all parts of the dominions of His Highness the Sultan of Borneo, and they shall enjoy therein all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted to the citizens or subjects of the most favored nation; and the subjects of His Highness, the Sultan of Borneo, shall, in_ like manner, be at liberty to enter into, reside in, trade with, and pass through with their merchandise through all parts of the United States of America as freely as the citizens and subjects of the most favored nation; and they shall enjoy in the United States of America all the privileges and advantages, with respect to commerce or otherwise, which are now or which may hereafter be granted therein to the citizens or subjects of the most favored nation.

Article III.

Citizens of the United States shall be permitted to purchase, rent, or sarnie, for prop- occupy, or in any jother legal way to acquire, all kinds of -n,r.ndpcm»«. property within the dominions of His Highness the Sultan of Borneo; and His Highness engages that such citizens of the United States of America shall, as far as lies in his power, within his dominions, enjoy fidl and complete protection and security for themselves, and for any property which they may so acquire in future, or which they may have acquired already before the date of the present convention.

Article IV.

No article whatever shall be prohibited from being imported into or exported from the.territories of His Highness the Sultan of Borneo; but the trade between the United States of America and the dominions of His Highness the Sultan of Borneo shall be perfectly free, and shall be subject only to the custom duties which may hereafter be in force in regard to such trade.

Article V.

No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Sultan of Borneo; and this fixed duty of one dollar per ton, to be levied on all American vessels, shall be in lieu of .ill other charges or duties whatsoever. His Highness, moreover, engages that American trade and American goods shall be exempt from any internal duties, and also from any injuriorts regulations which may hereafter, from whatever causes. 1kj adopted in the dominions of the Sultan of Borneo.

Article VI.

His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness' dominions of any article, the growth, produce, or manufacture of those dominions.

Article VII.

His Highness the Sultan of Borneo engages to permit the ships of war of the United States of America freely to enter the ports, rivers, and creeks situate within his dominions, and to allow '""'* such ships to provide themselves, at a fair and moderate price, with such supplies, stores, and provisions as they may from time to time stand in need of,

. .article VIII.

If any vessel under the American flag should be wrecked on the coast of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for and to deliver over to the owners thereof all the property that can be saved from such vessels. His Highness further engages to extend to the officers and crew, and to all other persons on board of such' wrecked vessels, full protection, both as to their persons and as to their property.

Article IX.

His Highness the Sultan of Borneo agrees that in all cases where a citizen of the United States shall be accused of any crime committed in any part of His Highness'dominions, the per- A.,,"^tm^".^ sou so accused shall be exclusively tried and adjudged by L'"x"a"the American Consul, or other officer duly appointed for that purpose; and in all cases where disputes or differences may arise between American citizens, or between American citizens and the subjects of His Highness, or between American citizens and the citizens or subjects of any other foreign power in the dominions of the Sultan of Borneo, the American Consul, or other duly appointed officer, shall have power to hear and decide the same, without any interference, molestation, or hindrance on the jtart of any authority of Borneo, either before, dur, rag, or after the litigation. .'

This treaty shall be ratified, and the ratifications thereof shall be exchanged at Bruni at any time prior to the fourth day of July, in the year one thousand eight hundred and fifty-four.

Done at the city of Bruni on this twenty-third day of June, anno Domini one thousand eight hundred and fifty, and on the thirteenth day of the month Saaban, of the year of the Hegira one thousand two hundred and sixtv-sjx.

[L. S.1 . JOSEPH BALESTIER.

[L. s.] OMAR ALI SAIFEDDIN.

BRAZIL.

BRAZIL, 1S2S.

TREATY WITH BRAZIL, CONCLUDED DECEMBER 12, 1828; RATIFICATIONS EXCHANGED MARCH 18, 1829; PROCLAIMED MARCH 18, 1829.

[This treaty "in all parts relating to commerce and navigation," ceased and determined December 12, 1841, pursuant to notice given by the Brazilian-Government under Article XXXIII.]

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 sliall 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 Slates has conferred full powers on William Tudor, their Charge 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 Bedchamber, 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 bis 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:

Article I.

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

Article II.

The United States of America and His Majesty the Emperor of M„- laror-d Brazil, desiring to live in peace and harmony with all the other nations of the earth, by jneans 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 sliall 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.

Article III.

The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and 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 merchandise; and they shall enjoy all the rights, privileges, and exemptions in navigation and commeree, which native citizeus or subjects do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens or 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.

• • Article IV.

They likewise agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to t time lawfully imported into the United States, in their own r«u'C.TMV.'..'.'.J vessels, may be also imported in vessels of Brazil; and '"" that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or the other. And in like manner, that whatever kind of produce, manufactures, or merchandise 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 Uuited 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 reexported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or reexported in the vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or reexportation be made in vessels of the United States or of the Empire of Brazil. The Government of the United States, however, considering the nT,„„,«.i...,to present state of the navigation of Brazil, agrees that a""JI;">'"» vessel shall be considered as Brazilian when the proprietor and captain are subjects of Brazil and the papers are in legal form.

Article V.

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.respectiveb". than such as are payable on the exportation of the like articleto any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manutac

« PreviousContinue »