Proceedings. ever such tribunal, of either party, shall pronounce judgment against ARTICLE XXIV. Whenever one of the contracting parties shall be engaged in war with another State, no citizen or subject of the other contracting Letters of marque, party shall accept a commission or letter of marque for the &c. ARTICLE XXV. Case of war. If, by any. fatality, which cannot be expected, and which God forbid, the two contracting parties should be engaged in a war with • each other, they have agreed, and do agree, now for then, 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 liberARY and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the conficting parties engage to give them. No pro Neither the debts due from the individuals of the one nation to the individuals of the other, nor shares nor money which they may have in public funds, nor in public or private banks, confiscated. shall ever in any event of war or national difference be sequestrated or confiscated. ARTICLE XXVII. Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official inter- Immunities of pubcourse, have agreed, and do agree, to grant to their Envoys, he agents. 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. ARTICLE XXVIII. To make more effectual the protection which the United States and the Empire of Brazil shall afford in future to the navigation and commerce of the citizens and subjects of each other, Of Consuls, &c. 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 nation; 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. ARTICLE XXIX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities Exequaturs. which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commissions 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. suls, &c. ARTICLE XXX. It is likewise agreed that the Consuls, their secretaries, officers, and Privileges of Con- persons attached to the service of Consuls, they not being citizens or subjects of the country in which the Consul resides, shall be exempt from all public service, and also from all kinds 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 everything besides subject to the laws of their respective States. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. Deserters. ARTICLE XXXI. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, or other public documents, that those men were part of said crews; and on this demand so proved, (saving, however, where the contrary is proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prison, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same cause. Consular conven tion. ARTICLE XXXII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter ás circumstances will permit them, to form a consular convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. ARTICLE XXXIII. The United States of America and the Emperor of Brazil, desiring to make as durable as circumstances will permit the relations which are to be established between the two parties by virtue of this treaty, or general convention of peace, amity, commerce, and navigation, have declared solemnly and do agree to the following points: Duration of treaty. 1st. The present treaty shall be in force for twelve years from the date hereof, and further until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years; and it is hereby agreed between them, that on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all the parts relating to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship it shall be permanently, and perpetually binding on both powers. Offences of citi 2dly. If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or subject shall be held personally responsible for the same, and s the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation. 3dly. If, (which, indeed, cannot be expected,) unfortunately, any of the articles contained in the present treaty shall be violated or infringed in any way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. 4thly. Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties with other Sovereigns or States. The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the Emperor of Brazil, and the ratifications shall be exchanged within eight months from the date of the signature hereof, or sooner if possible. In faith whereof we, the Plenipotentiaries of the United States of America and of His Majesty the Emperor of Brazil, have signed and sealed these presents. Done in the City of Rio de Janeiro, this twelfth day of the month of December, in the year of our Lord Jesus Christ one thousand eight hundred and twenty-eight. [L. S.] L. S. L. S. W. TUDOR. MARQUEZ DE ARACATY. MIGUEL DE SOUZA MELLO E ALVIM. BRAZIL, 1849. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE EMPEROR OF BRAZIL, FOR THE SATISFACTION OF CLAIMS OF CITIZENS OF THE UNITED STATES ON THE BRAZILIAN GOVERNMENT, CONCLUDED JANUARY 27, 1849; RATIFICATIONS EXCHANGED JANUARY 18, 1850; PROCLAIMED JANUARY 19, 1850. In the name of the Most Holy and Indivisible Trinity. Preamble. The United States of America and His Majesty the Emperor of Brazil, desiring to remove every cause that might interfere with the good understanding and harmony which now happily exist between them, and which it is so much the interest of both countries to maintain; and to come, for that purpose, to a definitive understanding, equally just and honorable to each, as to the mode of settling the long-pending questions arising out of claims of citizens of said States, have for the same appointed, and conferred full powers, respectively, to wit: The President of the United States of America, on David Tod, Envoy Extraordinary and Minister Plenipotentiary from the said Negotiators. States near the court of Brazil; and His Majesty the Emperor of Brazil, upon the most illustrious and most excellent Viscount of Olinda, of his Council, and of the Council of State, Senator and Grandee of the Empire, Grand Cross of the Order of Saint Stephen of Hungary, of the Legion of Honor of France, and of Saint Maurice and Saint Lazarus of Sardinia, Officer of the Imperial Order of the Cross, Commander of the Order of Christ, President of the Council of Ministers, Minister and Secretary of State for Foreign Affairs; Who, after exchanging their full powers, which were found in good and proper form, agreed to the following articles: 530,000 milreis to position of the Presi States. ARTICLE I. The two high contracting parties, appreciating the difficulty of agreeing upon the subject of said reclamations, from the belief enterbe placed at the dis- tained by each-one of the justice of the claims, and the other dent of the United of their injustice-and being convinced that the only equitable and honorable method by which the two countries can arrive at a perfect understanding of said questions is to adjust them by a single act, they mutually agreed, after a mature examination of these claims, and, in order to carry this agreement into execution, it becomes the duty of Brazil, to place at the disposition of the President of the United States the amount of five hundred and thirty thousand milreis, current money of Brazil, as a reasonable and equitable sum; which shall comprehend the whole of the reclamations, whatever may be their nature and amount, and as full compensation for the indemnifications claimed by the Government of said States, to be paid in a round sum, without reference to any one of said claims, upon the merits of which the two high contracting parties refrain from entering; it being left to the Government of the United States to estimate the justice that may pertain to the claimants, for the purpose of distributing among them the aforesaid sum of five hundred and thirty thousand milreis as it may deem most proper. ARTICLE II. In conformity to what is agreed upon in the preceding article, Brazil is exonerated from all responsibility springing out of the aforesaid claims presented by the Government of the United States up to the date of this convention, which can neither be reproduced nor reconsidered in future. ARTICLE III. Responsibility springing out of the aforesaid claims. Documents to be furnished to the Government of the Uni In order that the Government of the United States may be enabled properly to consider the claims of the citizens of said States, they remaining, as above declared, subject to its judgment, the respective documents which throw light upon them shall ted States. be delivered by the Imperial Government to that of the United States, so soon as this convention shall receive the ratification of the Government of said States. ARTICLE IV. When and how the um is to be paid. The sum agreed upon shall be paid by the Imperial Government to that of the United States, in the current money of Brazil, as soon as the exchange of the ratifications of this convention is made known in this capital, for which His Majesty the Emperor of Brazil pledges himself to obtain the necessary funds at the next session of the legislature. ARTICLE V. Same subject. The payment of the sum above named, of five hundred and thirty thousand milreis, shall not be made until after the reception of the notice in this capital of the exchange of ratifications; but the said sum shall bear interest, at six per centum per annum, from the first day of July next. The Imperial Government, however, obliges itself to make good that interest only when, in conormity to the preceding article of this convention, the amount stipuated shall be paid. ARTICLE VI. The present convention shall be ratified, and the ratifications exchanged, in Washington, within twelve months after it is signed in this capital, or sooner if possible. In faith of which we, Plenipotentiaries of the United States of America and of His Majesty the Emperor of Brazil, sign and seal the same. Done in the city of Rio de Janeiro, this twenty-seventh day of January, in the year of our Lord one thousand eight hundred and forty-nine. [L. S.] DAVID TOD. [L. S. VISCONDE DE OLINDA. |
