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TREATY BETWEEN BRAZIL AND THI
exclusive privileges. On his own Done at Rio Janeiro, on the part, his Britannic majesty engages 17th of the month of August, in to preserve faithfully and recipro- the year of grace eighteen huncally, the same principle with re.
dred and twenty-seven. gard to the subjects of his imperial Signed. majesty. Those articles of Brazilian [L.5.) THE MARQUIS DE Queluz. produce, which the crown has re. (l.s.] The Vi'ct de S. LEOPOLDO. served to itself the exclusive right [1.s.) Tue MARQUIS DE MACEYO of buying and selling, are not com. (L.s.) Robert Gordo'. prehended under this provision, whilst such reservation remains in force.
Art. 27. His imperial majesty has resolved to grant to the sub
In the name of the most Holy jects of his Britannic majesty the and
Indivisible Trinity. same privilege of credit (assigna.
The Senate of the Free and tion) at the custom-houses, enjoyed Hanseatic city of Lubeck, the by those of his Brazilian majesty. On Senate of the Free and Hanseatic the other hand, it is agreed and stipu. city of Bremen, and the Senate o lated, that the Brazilian traders the Free and Hanseatic city o shall enjoy in the British custom. Hamburgh, on one part, each o houses, the same favour, as long as them separately, and his Majest the laws allow it to British subjects the Emperor of Brazil on the othe themselves.
part, desirous of consolidating the Art. 28. The high contracting relations of commerce and naviga. parties have agreed that the stipu- tion between their respective states, lations contained in the present have named to conclude a conven. treaty, shall remain in vigour fortion founded on the principles of a fifteen years, from the date of the fair reciprocity, their Plenipoten. ratification of the present, and tiaries, namelyafter that until one of the two par.
The Senate of the Free and ties shall announce its revocation Hanseatic city of Lubeck, the to the other, in which case the pre
Senate of the Free and Hanseatic sent treaty shall cease, upon the city of Bremen, and the Senate of second year after such annuncia. the Free and Hanseatic city of tion.
John Charles Fre. Art. 29. The present treaty derick Gildemeister, esq., Doctor shall be ratified by the high con. of Laws, member of the Senate of tracting parties, and the ratifica. Bremen, at present their Envoy tions shall be exchanged, within Extraordinary to His Majesty the the space of four months, or less, if Emperor of Brazil, and Charles possible.
Sieveking, esq., Doctor of Laws, In testimony whereof, we, the Member and Syndic of the Senate undersigned, plenipotentiaries of of Hamburgh, at present their En. his majesty the emperor of Brazil, voy Extraordinary to his said Ma. and of his Britannic majesty, in vir. jesty ; and his Majesty the Empe. tue of our plenary powers, have ror of Brazil, his Excellency the signed the present treaty, and affix marquis de Queluz, Councillor of ed to it our seals and arms. State, Senator of the Empire, Grand
Cross of the Imperial Order of said republics, or depart therefrom, Cruziero, Commander of the Im. shall not be subject to duties levied perial order of Christ, Minister and on the vessels (besides the duties Secretary of State for Foreign payable on their cargoes) under the Affairs, and his Excellency the head of port.charges, anchorage, Count de Lages, Councillor of light-houses, tonnage,
visiting, State, Officer of the Imperial Or- pilotage, or any other denomination der of Cruziero, Commander of the whatever, other or more consider. Imperial Order of Saint Benoit able than those which are actually D’Avis, decorated with the Cross of or may hereafter be imposed on Gold of the army of the South, Bri. national vessels. gadier of the Imperial and National Art. IV.–The high contracting Army, Minister and Secretary of parties mutually engage not to es. State for the War Department, and tablish any prohibitions of import Inspector of the Imperial Military or export which shall attach to the Academy, who, after having reci. importations or exportations of procally communicated their full either country, not affecting those powers, formed in good and due articles of the same description of form, have agreed on the following other countries. The contract. articles :
ing parties engage not to burthen Art. I.-All ports and anchor. them with any duties or any other ages in the respective countries, charges whatever, which shall not open to the vessels of any other at the same time be extended to all nation, shall be in like manner the importations or exportations open to the Brazilian and Hansea of the same sort, without any distic vessels respectively.
tinction of country. Art. II.-All vessels bearing the Art. V.-All merchandise which flag of one of the republics of can be imported into the states of Lubeck, Bremen, and Hainburgh, the high contracting parties re. belonging exclusively to a citizen spectively in national vessels, or or citizens of one of them, and of which can in like manner be ex. which the captain shall in like ported therefrom, may also be im. manner be a citizen of one of those ported or exported in the vessels of republics, shall be held and con. the other contracting party. sidered for all the objects of this The coasting trade from port to convention, as a vessel belonging to port, employed for transporting Lubeck, Bremen, or Hamburgh. indigenous or foreign products alA perfect reciprocity shall be ob- ready admitted for consumption, served in respect to Brazilian ships. being nevertheless excepted from Passports, regularly executed, shall this general principle, and reserved establish between the high contract. for the regulations of each country, ing parties the proofs of the na. it is agreed by both parties, that tionality of the Brazilian and Han- the citizens and subjects of the seatic vessels.
high contracting parties shall enjoy Art. III.-Lubeck, Bremen, and in this respect the privilege of using Hamburgh vessels which shall en. the coasting vessels for the convey. ter the Brazilian ports or departance of their merchandise, subject therefrom, and Brazilian vessels only to the same duties which are which shall enter the ports of the now levied, or which may here.
after be levied, on the subjects the same latitude and perfect reci. of the most favoured nation.
procity, it is agreed that the said Art. VI.-Any merchandise what. indirect commerce shall for the
distinction as to present be restricted, and shall only origin, exported from the Brazilian take place with respect to the na. ports to the ports of Lubeck, Bre. tions whose direct commerce is or men, and Hamburgh, or from these shall be favoured in the Brazilian last-mentioned poris to Brazil, in ports by particular treaties. Brazilian vessels, or in vessels be. All merchandise exported in longing to a nation favoured in the Hanseatic vessels from the ports Hanseatic ports in their direct com of the said nations favoured in merce, and any merchandise im. Brazil, shall pay the same duties of ported from any country whatever import and export, or any other into the Hanseatic ports by Bra. duties which are paid by the Hanzilian vessels, or exported to any seatic cities in their direct com. country whatever from the Han. merce; these merchandises remainseatic ports by Brazilian vessels, ing nevertheless liable to the other shall not, in the above-mentioned formalities required when they are ports, pay the export and import imported into the Brazilian ports duties, and any other duties, ex by nations favoured in their direct cept according to the rates granted commerce. to the direct commerce of the most All bounties, drawbacks, or other favoured nation.
such advantages granted in one of On the other part, any mer. the countries on importation or ex. chandise whatever, without distinc. portation, in the vessels of any tion as to origin, exported from foreign nation whatever, shall in the ports of Lubeck, Bremen, or like manner be granted when the Hamburgh, to Brazil, or from Bra- importation or exportation shall be zil to these ports, in Hanseatic ves. performed by the vessels of the sels or in vessels belonging to any other country. nation favoured in the Brazilian In the direct navigation between ports in their direct commerce, shall the Brazils and the Hanseatic not pay in Brazil the import or export cities, the manifests witnessed by duties, or any duties whatever, but the Consuls, Brazilian or Hanseatic such as are fixed by a rate to the respectively, or if there should not direct and national commerce of be any consuls by the local author. the most favoured nation ; a rate ities, shall be sufficient to admit which by other treaties has been the respective importations or ex. temporarily fixed at fifteen percent. portations to the advantages stipu. instead of twenty-four, for all lated in this article, merchandise introduced for con Art. VII.--The indigenous ar. sumption.
ticles referred to in the preceding The Hanseatic cities not having article shall experience in the replaced any restriction on the indi. spective Custom-houses, as far as rect commerce of Brazil, and the regards their valu ion, all the ad. Brazilian government not being in vantages and facilities which are all respects able, in the present or shall be conceded to the most state of their commercial relations, favoured nation. It is understood to grant to the indirect commerce that in cases where they shall not
have a fixed value in the Brazilian Art. X.-Should either of the tariff, the entry at the custom. contracting parties be engaged in house shall be made on a declara. war, whilst the other is neuter, it tion of their value signed by the is agreed, that whatever the belli. party who shall have imported gerent party may have stipulated them; but in the event of the of. with other powers to the advantage ficers of the customs charged with of the neutral flag, shall still be in the collection of the duties sus. force between Brazil and the Han. pecting the valuation to be faulty, seatic towns. In order to prevent all they shall be at liberty to take mistakes relating to what is con. the goods thus valued on paying sidered contraband of war, it is ten per cent.
above the said agreed (without however departing valuation; and this within the from the general principle above period of fifteen days from the first detailed) to restrict this definition day of the detention, and on re. to the following articles :-Can. paying the duties received there. nons, mortars, guns, pistols, gre.
nades, fusees, gun-carriages, belts, Art. VIII.-- The commerce and powder, saltpetre, helmets, balls, navigation between Brazil and the pikes, swords, halberds, saddles, Hanseatic ports shall enjoy in each harness, and all other instruments country, without waiting for any whatever manufactured for the additional convention, all the privi. uses of war. leges and advantages which are or Art. XI.-The citizens and sub. may be granted to any of the jects of the respective countries shall most favoured nations, provided enjoy in the other country, in re. always they fulfil the conditions of spect to their persons, their proper. reciprocity. It is understood that ty, the exercise of their religion, the privileges which have been, or and the employment of their in. which may be, granted to the Por- dustry, all the rights and privi. tuguese nation, shall not be con. leges which are or shall be here. strued into a precedent, nor shall after granted to the most favoured the effects of the present convention nations. extend to Portugal, unless there Some foreigners enjoying in should be particular treaties for Brazil the privilege of having ac.
counts open at the custom-houses Art. IX.- The consuls of the for payment of duties, on the same respective governments shall be condition and sureties as the Bra. treated, as well in respect to their zilian subjects, this favour shall persons as to the exercise of their extend equally to the Hanseatic functions, on the same footing as residents. those of the most favoured na. Art. XII. The high contract. tions. They shall especially enjoying parties reserve to themselves the right of making representa. the right of entering into any adtions, as well general as particular, ditional stipulations, which the re. upon the valuations made by the ciprocal interest of trade may recustoms, which shall be taken into quire, and any articles which may consideration with as little delay be hereafter agreed on shall be con. as possible, without detaining the sidered as making a part of the preconsignments.
Art. XIII.-Although the pre. Treaty of Commere and Navigation, Bent convention be considered as between his most Christian Ma. common to the three free Hanseatic jesty, and the Emperor of Brazil, cities of Lubeck, Bremen, and relative to indemnity to the subHamburgh, it is agreed, neverthe jects of France, for the value of less, that a league of reciprocal re. French vessels and their cargoes, sponsibility does not exist between seized by the Brazilian squadron their sovereign governments, and in the river La Plata, and defini. that the stipulations of the present tively coidemned by the tribunals convention shall remain in full of Brazil. force with regard to the rest of these republics, notwithstanding a Art. 1. The government of Bra. termination on the part of one or zil engages to pay to the French more of them.
government, as an indemnity for Art. XIV.--The present con.
the losses done to its subjects, the vention shall be ratified, and the value of the hulls, rigging, and ratifications shall be exchanged cargoes of the French vessels le in London within the space of Courrier, le Jules, and le San Sal. four months, or sooner if possible. vador, which have been captured
It shall be in full force during by the squadron in the river La ten years, dating from the day of Plata, and definitively condemned the exchange of the ratifications: by the tribunals of Brazil. and beyond that term, until the Art. 2. These indemnities shall senates of the Hanseatic cities, be arranged upon the basis ; as to whether separately or collectively, the vessels, the value of their hulls or his majesty the Emperor of the and rigging to be taken from the Brazils, shail have announced the policies of insurance, where no intention of terminating such con suspicion of fraud is raised against vention, as likewise during the the valuation; to which shall be negotiation for a renewal or modifi. added, the amount of freight, and cation of it.
the extraordinary expenses for In witness whereof, the under. the pay and maintenance of the signed, plenipotentiaries of the crew, and for all the expenses oc. Senates of the Hanseatic republics casioned by the detention of the of Lubeck, Bremen, and Ham. vessel; and as to the cargoes, the burgh, and of his majesty the em. value shall be regulated by the peror of Brazil, in virtue of their manifests and invoices, and after respective full powers, have affixed the current prices in the port of the seal of their arms.
Rio Janeiro, at the time of cap.
ture. The policies of insurance, Done at Rio de Janeiro, this invoices, vouchers of expenses, 17th day of November, in the year and all the other documents, shall of our Lord 1827.
be presented and proved in legal
form. (L. s.) GILDEMEISTER.
Art. 3. To the value of indem. (L. 8.) C. SIEVEKING.
nity which shall be liquidated for (L. s.) Marquez de Queluz. each vessel, shall be added by way (L. s.) Conde de Lages. of damages and interest, six per