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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.
The United States of America and His Majesty the Emperor of Brazil, desiring to remove every cause that might inter'fere 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 e.ach, 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 States near the court of Brazil; and His Majesty tlie Emperor of Brazil, upon the most illustrious and most excellent Viscount of Olinda, of his Council, and of tbe 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:
The two high contracting parties, appreciating the difficulty of agreeing upon the subject of said reclamations, from the belief enter.TTM,£ tained by each—one of the justice of the claims, and the other ,'"n!"o""he'I'mie'd 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 tbe 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 fall 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.
In conformity to what is agreed upon in the preceding article, Brazil is exonerated from all responsibility springing out of the ^ ..„bmi aforesaid claims presented by the Government of the United j;"|^'r'l'b" States up to the date of this convention, which can neither """" c be rejiroduced nor reconsidered iu future.
In order that the Government of the United States may be enabled properly to consider the claims of the citizens of said States, „„,„„,„„„ IO ,,, they remaining, as above declared, subject to its judgment, ./"J^S! the respective documents which throw light upon them shall "?ds,",TM 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.
The sum agreed upon shall be paid by the Imperial Government to that of the United States, in the current money of Brazil, wi,TM»n<tbowih. as soon as the exchange of the ratifications of this conven- »»»>»|»wiJtion 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.
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.
The present convention shall bo ratified, and the ratifications exchanged^ in Washington, within twelve months after it is signed iu 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. 8.1' DAVID TOD.
BREMEN, LUBEC, AND HAMBURG.
(See Hanseatic Republics.)
BRUNSWICK AND LUNEBURG.
BRUNSWICK AND LUNEBURG, 1854,
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE DUKE OF BRUNSWICK AND LUNEBURG, CONCLUDED AUGUST 21, 1854; RATIFICATIONS EXCHANGED JULY 28, 1855; PROCLAIMED JULY 30, 1855.
[The duchy of Brunswick and Liiueburg became a State of the North German Union by the constitution of the latter, which took effect July I, 1867, and which conferred the power of making treaties upon the King of Prussia. (See opiniou of Attorney General Evarts, August 19, 1868; 12 Opinions of Attorneys General, 463.)]
The President of the United States of America and His Highness the rr.ui.bie. Duke of Brunswick and Liineburg, animated by the desire r'1' to secure aud^exteud by an amicable convention the relations happily existing between the two countries, have, to this effect, appointed as their Plenipotentiaries, to wit: The President of the United States of America, William L. Marcy, Secretary of State of the United States; and His Highness "* '* the Duke of Brunswick and Liineburg, Dr. Julius Samson, his said Highness' Consul at Mobile, Alabama;
Who, after the exchange of their full powers, found in good and due form, have agreed upon and signed the following articles:
The citizens of each one of the high contracting parties shall have power to dispose of their personal property, within the .»j,',»U'Uo<fp?TM jurisdiction of the other, subject to the laws of the State or country where the domicil is, or the property is found, either by testament, donation, or ab intestato, or in any other manner; and their heirs, being citizens of the other party, shall inherit all such personal estates, whether by testament or ab intestato, and they may take possession of the same, either personally or by attorney, and dispose of them as they may think proper, paying to the respective Governments no other charges than those to which the inhabitants of the country in which the said property shall be found would be liable in a similar case; and in the absence of such heir or heirs the same care shall be taken of the property that would be taken in the like case for the preservation of the property of a citizen of the same country, until the lawful proprietor shall have had time to take measures for possessing himself of the same; aud in case any dispute should arise between claimants to the same succession, as to the property thereof, the question shall be decided according to the laws, and by the judges, of the country in which the property is situated.
If by the death of a person owning real property in the territory of one of the high contracting parties such' property should D„imm „ to„ descend, either by the laws of the country or by testa- of ""J mentary disposition, to a citizen of ihe other party, who, on account of his being an alien, could not be permitted to retain the actual possession of such property, such term as the laws of the State or couutry will permit shall be allowed to him to dispose of such property, and collect and withdraw the proceeds thereof, without paying to the Government any other charges than those which, in a similar case, would be paid by an inhabitant of the country in which such real property may be situated.
The present Convention shall be in force for the term of twelve years from the date hereof; and further until the end of twelve vurM,m of Al, mouths after the Government of the United States on the ">•>""*»*■ one part, or that of His Highness the Duke of Brunswick and Liineburg on the other, shall have given notice of its intention of terminating the same.
This convention shall be ratified, and the ratifications shall be exchanged at Washington, within twelve months after its p...,,^., date, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the present convention, and have thereunto affixed their seals.
Done at Washington this twenty-first day of August, in the year of our Lord one thousand eight hundred and fifty-four, and of the Independence of the United States the seventy-ninth.
W. L. MARCY.
CENTRAL AMERICA, 1825.
GENERAL CONVENTION OF PEACE, AMITY, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE FEDERATION OF THE CENTRE OF AMERICA, CONCLUDED DECEMBER 5, 18-25; RATIFICATIONS EXCHANGED AUGUST 2, 1826; PROCLAIMED OCTOBER 28, 1826.
[This treaty, as respects commerce and navigation, expired by its own limitation on the '2d of August, 1838, and for Uie rest by the dissolution of the Federation in 1847-'48.]
The United States of America and the Federation of the Centre of America, desiring to make firm and permanent the peace and friendship which happily prevail between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall 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 States of America has conferred full powers on Henry Clay, their Secretary of State; and the Executive Power of the Federation of the Centre of America on Antonio Jose Cafias, a Deputy of the Constituent National Assembly for the Province of San Salvador, and Envoy Extraordinary and Minister Plenipotentiary of that Republic near the United States;
Who, after having exchanged their said full powers in due and proper form, have agreed to the following articles:
There shall be a perfect, firm, and inviolable peace and sincere friendr*«« uj f,i.aj. ship between the United States of America and the Feder** ation of the Centre of America, in all the extent of their
possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.
The United States of America and the Federation of the Centre of America, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to wtlier nations, in respect of commerce and navigation, which shall not jimmediately become common to the other party, who shall enjoy thf» same freely, if the concession was freely made, or on allowing the saime compensation if the concession was conditional. u
Article III. j
The two high contracting parties, being likewise desirous riz,f placing Frr,doB of the commerce and navigation of their respective111 countries cour«. on tue iikerai basis of perfect equality and ^a^eciprocity,