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tores of the United States, or of the Empire of Brazil, to or from tiie 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.
It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens or subjects of botli *«•.. nL'"'i"«countries, to manage themselves their own business, in all "tor" °ot'"s' the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods ami merchandise by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens 4or 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.
The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, or merchandise or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.
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 of 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.
All the ships, merchandise, and effects belonging to#the citizens or Pr»i«-nj TM„tur*d subjects of one of the contracting parties, which may be brpinin. captured by pirates, whether within the limits of its jurisdiction, or on the high seas, and may be carried or found in the rivers, roads, ports, bays, or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals, it being well understood that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents pf their respective Governments.
When any vessel belonging to the citizens or subjects of either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given io them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, uutil they may be exported, unless they be destined for consumption.
The citizens or subjects of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or other- "*°° wise; and their representatives, being citizens or subjects of the other party, shall succeed to the said personal goods, whether by testament, or ah intcstato, and they may "take possession 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 said goods are shall be subject to pay in like cases; and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their 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.
Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens and subjects of each other, of all occupations, who to'iITTM„,»TMd'JJr^ may be in their territories, subject to the jurisdiction of the 'n,,tc~ one or the other, transient or dwelling therein, 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.
It is likewise agreed that the most perfect and entire security of con science shall be*enjoyed by the citizens or subjects of both e„.„]tr „f m 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.
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 distinctiou 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 a^d 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 au 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 everthing 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, contraband goods being always excepted. It is also agreed in like manner that the same liberty be
Fr^ .hip., rTM extended to persons who are on board a free ship, with this pmo°* - effect, that, although they be enemies 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 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 understood as applying to those powers only who recognize this principle; but if either of the two contracting parties shall be at war with a third and the other neutral, the flag of the neutral shall cover the property of enemies whose Governments acknowledge this principle, and not of others.
It is likewise agreed that, in the case where the neutral flag of one of Qu.iino.tionofihc' the contracting parties shall protect the property of the pnndpic. 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, ami as such shall be liable to detention and confiscation, except sttch 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 iu such enemy's ship shall be free.
This liberty of commerce and navigation shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and under this name ot contraband or prohibited goods shall be comprehended—
1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and greuades, 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.
All other merchandise and things not comprehended in the articles of contraband, expressly enumerated and classified as above, 41, other m„. shall be held and considered as free, and subjects of free cl"'"i~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; aud, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a force capable of preventing the entry of the neutral.
The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention aud confiscation, leaving free the c°°' rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two natious shall be detained ou the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessels will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great aud of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but iu this and all the 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.
And whereas it frequently happens that vessels sail for a port or a place .belonging to an enemy, without knowing that the Nu,,c„ or block. same is besieged, blockaded, or invested, it is 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 any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port before the same was actually besieged, blockaded, or invested by the otherj 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
In-order to prevent all kinds of disorder in the visiting and examiuax«»mi».tion of tkm of the ships and cargoes of both the contracting parties vC„ou. on tbe high seas, they have agreed mutually, that whenever
a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall 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 expressly agreed that the neutral party shall iu no case be required to go on board the examining vessel, for the purpose of exhibiting her papers, or for any other purpose whatever.
To avoid all kind of vexation and abuse in .the examination of the papers relating to the ownership of the vessels belonging Tided with certain to the citizens and subjects of the two contracting parties, they have agreed, and do agree, that in case one of them shall be engaged in war, the ships and vessels belonging 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 .know n whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the.place , w.houce the ship sailed, in the accustomed form; without such requi'sites 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 satisfied or supphed by testimony entirely equivalent.
It is further agreed that the stipulations above expressed, relative to ve«.i. ootocoo- the visiting and examining of vessels, shall apply only to those *"* which sail without convoy; and when said vessel shall be
under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries; and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufiicient.
It is further agreed that in all cases the established courts for prize causes, in the countries to which the prizes may be rnte cum <mir. ^miiicted, shall alone take cognizance of them. And when