Page images

like manner, they shall have the of the other, as regards their own right of administering the property persons, the same rights, favours of the subjects of their own nation, and franchises, which are or may dying intestate, for the benefit of afterwards be granted, to the sub. the legitimate heirs of said proper. jects of the most favoured nations. ty, or creditors, conformably to the Art. 6. The constitution of the laws of their respective countries. empire having abolished all sepa.

Art. 4. The subjects of each of rate jurisdictions, it is agreed that the high contracting parties are to the office of judge advocate (juiz enjoy, throughout the territory of conservador) of the British nation the other, the most perfect liberty shall be suppressed, and that in the of conscience in all matters of re mean time a sufficient substitute ligion, conformably to the system shall be provided, for the protection of toleration, introduced and follow., of the persons and property of ed in each of their respective the subjects of his Britannic ma. countries.

jesty. Hereby it is understood, Art. 5. The subjects of either that the subjects of his Britannic sovereign may, at their own plea majesty shall enjoy in Brazil, the sure, dispose of their property by same rights and advantages ensale, exchange, testament, or in joyed by Brazilian subjects, in civil any other manner, without let or and criminal matters ; that they hinderance. Their houses, goods, cannot be arrested without previ. and effects, shall be protected and ous inquest, and the orders of the respected, and no authority shall proper authorities, except in cases invade them, without the will of where they are taken in flagrante their proprietors. They shall be delictu, and that their persons are exempted from all service upon to be free from arrest, in all cases land, and upon the sea; from all in which the law allows bail. forced loans, and contributions, for Art. 7. If, which Heaven avert, war or for the service of the state ; any misunderstanding, breach of they shall not be required to pay any friendship, or rupture, should take ordinary tax, under any denomina. place between the two crowns, tion whatsoever, at a higher rate such rupture shall not be consider. than that paid by the subjects of the ed as existing, until after the recall monarch, whose territory they in. or the departure of the diplomatic habit. They shall not be subjected agents of the two powers. The to any arbitrary domiciliary visits; subjects of either power remaining their books or papers shall not be within the territory of the other, demanded nor examined under any shall have the right of regulating pretence. It is agreed that domici. their affairs, or of carrying on their liary and other visits, and examina. business with the interior, provided tions, shall only take place in the pre. they continue to act peaceably. and sence of the competent authorities, do nothing contrary to the laws. in cases of high treason, smuggling, Nevertheless whenever their conand other crimes, provided for by duct gives rise to suspicions, they the laws of the respective nations. may be obliged to quit the country, In general it is expressly stipulated, every possible facility being afford. that the subjects of each partyed them, to retire with their pro. shall enjoy, throughout the territory perty and effects, and sufficient

time being granted them ; in no been thus interdicted, shall be case, however, 10 exceed six opened to the commerce of any months.

other nation, it shall be, from that Art. 8. It is also agreed, that moment, also opened to the sub. neither of the two contracting par. jects of the two high contracting ties shall knowingly or designedly parties. The subjects of the two take or keep in his service, those high contracting parties may enter subjects of the other, who may with their respective ships, into all have deserted from the sea or land the poris, harbours, bays and an. service, but shall on proper de. chorages, of the territories belongmand, dismiss all such from his ing to each of the two parties, unemploy. It is moreover declared load the whole or a part of their and agreed, that every favour cargoes, and take in or re-export which can be granted by one of the merchandises. They may remain powers to the other, relative to de. there, rent houses and stores, tra. serters from his service, shall be yel, trade, open shops, transport considered as also conceded in the goods, boats or money, and attend opposite case, as fully as if ex. to all their concerns, without being pressed in the present treaty. It thereby subjected to any surveil. is also agreed that in the case of lance, and transact their business sailors or marines, deserting from at their pleasure, by means of ships belonging to subjects of agents and clerks. Nevertheless, either power, during their sojourn it is agreed that the coasting trade in the ports of the other, the au- between ports, with articles of con. thorities are bound to render all sumption, either with the interior, possible assistance, for the arrest or with other nations, shall be ex. of such deserters; in like manner cepted, and that this trade can only the necessary reclamations shall be carried on in ships of the coun. be made by the consul-general, try; the subjects of the two powers the consul, or his deputies and re. are, however, permitted to load presentatives; and moreover, no re. such ships with their property, ligious or civil corporation shall merchandise and money, on paying protect or receive the said desert the same duties.

Art. 11. The ships of the sub. Art. 9. Salutes in ports, and jects of each of the two high con. between flags, shall be made con. tracting powers, shall pay no formably to the usual existing re. higher port, tonnage, and the like gulations between maritime states. duties, than those which are or may

Art. 10. Liberty of commerce hereafter be required of the most and navigation shall be recipro- favoured nations. cally enjoyed, by the respective Art. 12. In order to prevent all subjects of the two powers, in ships doubts concerning the nation to of both nations, and in all and which a ship may belong, the two every port, city, and territory, be. parties have agreed to consider as longing to the said contracting English, those ships which are powers, excepting those to which purchased, registered, and employ.

is expressly forbidden ed in navigation, conformably to to any foreign nation. It is agreed, the laws of Great Britain. On the that as soon as a port which has other hand, such are to be consi,



dered Brazilian, as are built upon carriages, musket stocks, bande. the Brazilian territory, belong to liers, powder, matches, saltpetre, Brazilian subjects, and whose cap. balls, pikes, swords, helmets, cuitain and three fourths of the crew, rasses, halberts, lances, spears, are Brazilians. All ships shall horse furniture, holsters, sword likewise be considered as Brazi. belts, and instruments of war in lian, taken from the enemy by general, as well as ship timbers, ships of his majesty, the emperor of tar and pitch, sheet copper, sails, Brazil

, or by his subjects, furnished canvass, ropes, and, in general, , with letters of marque, if they have every thing necessary for fitting been declared lawful prize by the out ships of war, except unwrought Brazilian prize court; also ihose iron, and pine boards. which have been condemned by a Art. 16 Packets shall be es. competent tribunal, for infraction tablished, to facilitate the public of the laws prohibiting the slave. service of both courts, and the trade, and those bought by Brazi. commercial relations between the lian subjects, with crews constitu- subjects of each. They shall be ted as above mentioned.

considered as royal ships, whene. Art. 13. The subjects of each ver they are under the orders of of the two monarchs, while on the officers of the royal navy. This territory of the other, shall enjoy article shail remain in force until entire liberty of trading in any an agreement has been concluded way with other nations.

between the powers, for the spe. Art. 14. Excepting in this re- cial arrangement of the packet spect, all articles and merchandise establishment. of which the crown of Brazil re. Art. 17. For the more effica. serves to itself the exclusive mo. cious protection of the commerce nopoly. If, however, the trade of and navigation of their respective any one of these articles should subjects, the two high contracting afterwards become free, the sub. parties, agree to receive no pirates jects of his Britannic majesty shall within the ports, bays, or anchorabe permitted to exercise it, with no

ges of their respective dominions, greater restrictions than those of and to prosecute with all the rigour his majesty the emperor of Brazil. of the laws, all persons convicted The duties upon the import and of piracy, and all persons domiciexport of these articles, and mer. liated in the territory, convicted of chandises, shall in all cases be the understanding or participation with same, whether consigned to Bra. them. All ships and cargoes bezilian, or to English subjects, or ex. longing to the subjects of either of ported by them or belonging en- the contracting parties, taken or tirely to one of them.

robbed by pirates, in the neighbour. Art. 15. In order to determine hood of one of the ports of the what is to be viewed as contraband other, shall be returned to their in time of war, it is agreed to in proprietors, or to those whom they clude under that head, all arms

may appoint, as soon as the identi. and munitions of war, by land or ty of the property can be estab. sea, such as cannon, guns, mor

lished. This restitution shall take tars, petards, bombs, hand gre. place, even when the article claim. nades, grape shot, saucissons, gun ed has been sold; only, however, in those cases in which the buyer stance may be taken into consideknew, or ought to have known, ration as soon as possible, and with. that said article had been acquired out causing any delay in the shipby piracy.

ping of said article. Art. 18. If any ship of war or It has been likewise agreed, that commerce, belonging to either of whenever English articles intro. the contracting states, should be duced into the Brazilian customwrecked in the ports or on the houses, shall not possess the value coasts of the other, the authorities assigned them in the tariff, and and persons employed by the cus. they are intended for internal con. tom-house of the place, are to ren. sumption, the importer shall add der all possible assistance, to save a declaration of their value, after the persons and property of the which, their transportation shall shipwrecked ; to see that the arti. not be delayed.

In all cases, cles saved or their value be secu. however, in which the persons emred, so that if the ship wrecked be ployed by the custom-house, in a ship of war, they may be re. fixing the duties, shall judge that stored to their respective govern. the articles are rated beneath their ments, and if a merchant ship, to value, it shall be in their power to their proprietor, or to those whom sequester the article thus valued, he may empower, as soon as they to pay the importer ten per cent. are claimed, and the expenses of sal. over and above said valuation, vage and storage have been paid. within fifteen days from the time Articles saved from shipwreck, of their sequestration, returning shall be subject to no duty, unless the duties already paid ; in all carried for consumption into the which the usages of the English country.

custom-houses shall be followed. Art. 19. Every species of mer. Art. 20. His majesty the emchandise, and articles of every peror of Brazil, engages not to kind, which are the natural product admit into any part of his domi. or manufacture of the territories nions, any article coming from of his Britannic majesty, either in abroad, produced or manufactured Europe or in his colonies, may be in said country, under duties less introduced into all or each of the than those fixed in the preceding ports of Brazil, after having once article, unless the same diminution paid a duty, not exceeding fifteen takes place in English articles, per cent. in specie, or its equiva. produced or manufactured in En. lent, as fixed by the tariff, publish. gland, excepting only, all articles ed in all the ports of the kingdom, produced or manufactured in Por, in which custom-houses exist. tugal, imported thence directly to

It is also agreed, that when ta. Brazil, in ships of one or the other riffs are in future made, the market nation. His Britannic majesty price shall be taken each time as has consented to this exception, in the basis, and the consul of his favour of Portugal, on account of Britannic majesty, shall have leave the part he has himself taken in to make a representation, whene- the negotiation which has been so ver any one of the articles shall happily terminated by the treaty be valued too highly upon the ex. of reconciliation and independence isting tariff, so that this circum. of the 29th of August, 1825, and

also on account of the friendly petent custom-house officers of the relations, which his Britannic ma. port of embarkation ; which shall jesty so ardently desires to main. be numbered in order and attached tain between Brazil and Portugal. to the declaration by the seal of

Art. 21. All articles of mer the English custom-house; the chandise, the products of the in. correctness of the declaration shall dustry and manufactures of Brazil, be confirmed by oath in presence and imported directly for consump of the Brazilian consul, and the tion into the territories and posses. affidavit presented to the custom. sions of his Britannic majesty, in house in the place of importation. Europe, and in his American, Asia. The origin of the articles imported tic, and African colonies, open to into Brazil from British possessions foreign commerce, shall be subject where there is no custom-house, to no higher duties, than those shall be proved with the same for. paid upon the same articles, im. malities used in similar importaported in the same manner, from sions into Great Britain. any other foreign country.

Art. 24. His Britannic majesty Art. 22. As certain articles of engages, in his own name and in Brazilian produce, when imported that of his successors, to allow the for consumption into the United subjects of his imperial majesty to Kingdoms pay heavier duties than trade with his own ports, at home are imposed upon similar products of and in Asia, upon the footing of the English colonies, his Britannic the most favoured nations. majesty agrees that such articles Art. 25. In all cases in which may be stored within his domi. bounty or drawback is allowed nions until re-exported, under the upon articles exported from a port, necessary regulations, without pay. belonging to either of the two ing any duties of consumption; powers, such bounty or drawback and they shall not be subject to shall be the same under all cir. higher storage or re-exportation cumstances, whether the re-exporduties, than those imposed, or tation take place on Brazilian or which may hereafter be imposed, on English ships. upon similar products of the Bri. Art. 26. His imperial majesty tish colonies, when thus stored engages, in his own name, and in or re-exported.

that of his successors, not to perIn like manner, the products of mit any restriction upon the comthe English colonies, which are merce of his Britannic majesty, similar to those of Brazil, can only within his states, or injury to them be admitted for re-exportation into from the effect of any exclusive the Brazilian port under the same monopoly for buying or selling, favourable conditions to which simi. or by privileges granted to any lar articles are subjected in the commercial company. The subEnglish custom-house.

jects of his Britannic majesty, on Art. 23. Every species of ar. the contrary, shall have full and ticle and merchandise, imported entire liberty of buying and selling from the English territories into to whom and in what manner they a port of his imperial majesty, please, without being obliged to give must be accompanied by certifi. the preference to any such company, cates of its origin, signed by com. or to any individual enjoying such

« ՆախորդըՇարունակել »