1828.

December 12.

Consuls may call in the public

authorities to

aid in securing deserters, who are not to be

detained more

than 2 months in prison.

Consular convention to be formed.

The following points agreed

to.

Treaty to remain in force twelve years,

pretext whatever, shall any magistrate seize, or in any way interfere with them.

ART. 31. 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 vessels or ships roll, or other public documents, that those men were part of the 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 the 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.

ART. 32. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as 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.

ART. 33. 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:

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 perpetu- peace and friendship, it shall be permanently and perpetually binding on both powers.

al.

2ndly. If any one or more of the citizens or subjects of either 1828. party shall infringe any of the articles of this treaty, such citi- December 12. zen or subject shall be held personally responsible for the Citizens respon same, and the harmony and good correspondence between the sible for innations shall not be interrupted thereby; each party engaging ele fringing this ar in no way to protect the offender, or sanction such violation.

is

made, and safused.

tisfaction is re

Sdly. If, (which indeed, cannot be expected) unfortunately, War not to be declared, until any of the articles contained in the present treaty shall be remonstrance 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 Other treaties construed, or operate contrary to former and existing public not to be contra treaties with other sovereigns or states.

months.

The present treaty of peace, amity, commerce, and naviga- Ratification tion, shall be approved and ratified by the president of the within eight 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
December, in the year of our Lord Jesus Christ, one
thousand eight hundred and twenty-eight.

(Signed)

W. TUDOR,

MARQUEZ de ARACATY,

[L. S.]

[L. S.]

MIGUEL de SOUZA MELLO e ALVIM, [L. s.

]

And whereas, the said Treaty or General Convention has Ratification.

been duly ratified on both parts, and the respective ratifica

tions of the same have, this day, been exchanged at Wash

ington, by James A. Hamilton, acting secretary of state of

1828.

the United States, and the Chevalier Je. Silvestre Rebello, December 12. chargé d'affaires of his Majesty the Emperor of Brazil, on the

part of their respective governments:

Now, therefore, be it known, that I, ANDREW JACKSON, President of the United States of America, have caused the said Treaty or General Convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington, this eighteenth day of March, in the year of our Lord one thousand eight hundred and twenty-nine, and of the Independence of the United States the fifty-third.

[L. s.]

By the President:

ANDREW JACKSON.

JAMES A. HAMILTON, acting Secretary of State.