Page images
PDF
EPUB

ARTICLE 9

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 person so accused shall be exclusively tried and adjudged by 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 part of any authority of Borneo, either before during 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, eighteen 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 sixty six.

[SEAL.] [SEAL.]

JOSEPH BALESTIER,
OMAR ALI SAIFEDDIN.

BRAZIL.

1828.

TREATY OF AMITY, COMMERCE, AND NAVIGATION.

Concluded December 12, 1828; ratification advised by the Senate March 10, 1829; ratified by the President March 10, 1829; ratifications exchanged March 18, 1829; proclaimed March 18, 1829. (Treaties and Conventions, 1889, p. 105.)

(By a notice given from the Emperor of Brazil this treaty, "only for articles relating to commerce and navigation," was terminated December 12, 1841.)

I. Amity.

II. Favored nation clause.

ARTICLES.

III. Freedom of commerce and navi-
gation; coasting trade.

IV. No discrimination on vessels.
V. Import and export duties.

VI. Freedom of trade.

VII. Embargoes.

VIII. Asylum in ports.
IX. Captures by pirates.
X. Shipwrecks.

XI. Disposal of property.
XII. Special protection.
XIII. Religious freedom.
XIV. Rights of neutrals.

XV. Neutral property under enemies' flag.

XVI. Contraband of war.

XVII. Trade with nonblockaded ports.

XVIII. Seizure of contraband articles.
XIX. Blockades.

XX. Visitation and search.
XXI. Ship's papers in case of war.
XXII. Vessels under convoy.
XXIII. Prize courts.

XXIV. Letters of marque forbidden.
XXV. Protection in case of war.
XXVI. Confiscation forbidden.

XXVII. Diplomatic officers.
XXVIII. Consular officers.

XXIX. Exequaturs.

XXX. Consular exemptions.
XXXI. Deserters from ships.
XXXII. Consular convention.

XXXIII. Duration; effect, etc.; ratifica-
tion.

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 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 has conferred full powers on William Tudor their Chargé 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 Mem ber of His Council, Gentleman of the Imperial Bed Chamber, 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 His 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.

ART. 1st

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

ART. 2d.

The United States of America and His Majesty the Emperor of Brazil 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 other nations in respect of commerce and navigation, which shall not immediately become common to the other party who shall 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.

ART. 3.

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 commerce, which native citizens 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 arti cle 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.

ART. 4th.

They likewise agree that whatever kind of produce, manufactures, or merchandise, of any foreign country can be, from time to time, lawfully imported into the United States, in their own 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 United 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 the other. And they agree that whatever may be lawfully exported, or re-exported from the one country in its own vessels, to any foreign country, may in like manner, be exported or re-exported in the vessels of the other country.

And the same bounties, duties, and drawbacks, shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States, or of the Empire of Brazil. The Government of the United States however considering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Brazilian, when the Proprietor and Captain are subjects of Brazil and the papers are in legal form.

ART. 5th

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, respectively. than such as are payable on the exportation of the like article to any other foreign country: nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the United States, or of the Empire of Brazil, to or from the 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.

ART. 6th.

It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens or subjects of both countries, to manage themselves their own business, in all the ports and places subject to the jurisdiction of each other as well with respect to the consignment and sale of their goods and 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 or 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.

ART. 7th.

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.

ART. 8th

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.

ART. 9th

All the Ships, merchandise and effects belonging to the citizens or subjects, of one of the contracting parties, which may be 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 of their respective Governments.

ART. 10th

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 to 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, until they may be exported, unless they be destined for consumption.

ART. 11th.

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 otherwise, and their representatives, being citizens or subjects of the other party, shall succeed to the said personal goods whether by testament, or ab intestato, 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.

ART. 12th.

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 may be in their territories, subject to the jurisdiction of the 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.

« PreviousContinue »