« PreviousContinue »
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.
Fourthly. 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. [SEAL.]
W. TUDOR. SEAL.
MARQUEZ DE ARACATY SEAL.
MIGUEL DE SOUZA MELLO E ALVIM
CONVENTION FOR SATISFACTION OF CLAIMS OF CITIZENS OF THE
UNITED STATES ON BRAZIL.
Concluded January 27, 1849; ratification advised by the Senate Jan
uary 14, 1849; ratified by the President January 18, 1850; ratifications ecchanged January 18, 1850; proclaimed January 19, 1850. (Treaties and Conventions, 1889, p. 115.)
By this convention of six articles, 530,000 milreis were paid by Brazil in satisfaction of claims made by United States citizens, and the amount was distributed by the United States.
DIPLOMATIC AGREEMENT CONCERNING TRADE-MARKS.
Concluded September 24, 1878; ratification advised by the Senate Jan
wary 20, 1879; ratifieıl by the President February 5, 1879; proclaimed. June 17, 1879. (Treaties and Conventions, 1889, p. 118.)
The Government of the United States of America and the Government of His Majesty the Emperor of Brazil, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows:
The citizens or subjects of the two Iligh Contracting Parties shall have in the dominions and possessions of the other, the same rights as belong to native citizens or subjects, in everything relating to property in marks of manufacture and trade.
It is understood that any person who desires to obtain the aforesaid protection must fulfill the formalities required by the laws of the respective countries.
In witness whereof the undersigned duly authorized to this end, have signed the present agreement and have affixed thereto the seals of their arms.
Done in duplicate at Rio de Janeiro the twenty fourth day of the month of september, one thousand eight hundred and seventy eight. (SEAL.]
HENRY WASHINGTON HILLIARD. SEAL.
B. DE VILLA BELLA.
The Free Hanseatic City of Bremen (now incorporated in the German Empire), September 6, 1853, acceded to the extradition convention between the United States and Prussia of June 16, 1852. (Treaties and Conventions, 1889, p. 118.) See p. 520.)
BRUNSWICK AND LÜNEBURG.
(See GERMAN EMPIRE.)
CONVENTION RESPECTING THE DISPOSITION OF PROPERTY.
Concluded August 21, 1854; ratification advised by the Senate with
amendment March 3, 1855; ratified by the President July 10, 1855; ratifications exchanged July 28, 1855; proclaimed Julij so, 1855. (Treaties and Conventions, 1889, p. 119.)
I. Disposition of personal property. III. Duration; ratification.
The President of the l'nited States of America and His Ilighness the Duke of Brunswick & Luneburg, animated by the desire to secure and extend, 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. Marey, Secretary of State of the United States; and His Highness the Duke of Brunswick and Luneburg, 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 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
1 The Duchy of Brunswick and Lüneburg became a member of the North German Union July 1, 1867, and is now incorporated in the German Empire.
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; and 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 descend, either by the laws of the country, or by testamentary disposition, to a citizen of the 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 country 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 months after the Government of the United States on the one part, or that of His Highness the Duke of Brunswick and Luneburg 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 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
(SEAL.] JULIC'S SAMSON
CONVENTION OF PEACE, AMITY, C'OMMERCE AND NAVIGATION. Concluded December 5, 1825; ratification adrised by the Senate December 29, 1825; ratified by the President January 16, 1826; ratifications erchanged August 2, 18:26; proclaimed October 28, 1826. (Treaties and Conventions, 1889, p. 121.)
This treaty, consisting of thirty-three articles, terminated as to articles relating to commerce and navigation, August 2, 1838, by their own limitations, and the entire treaty was abrogated by the dissolution of the Republic in 1839.