Page images
PDF
EPUB

like manner, they shall have the right of administering the property of the subjects of their own nation, dying intestate, for the benefit of the legitimate heirs of said property, or creditors, conformably to the laws of their respective countries.

Art. 4. The subjects of each of the high contracting parties are to enjoy, throughout the territory of the other, the most perfect liberty of conscience in all matters of religion, conformably to the system of toleration, introduced and follow ed in each of their respective countries.

Art. 5. The subjects of either sovereign may, at their own pleasure, dispose of their property by sale, exchange, testament, or in any other manner, without let or hinderance. Their houses, goods, and effects, shall be protected and respected, and no authority shall invade them, without the will of their proprietors. They shall be exempted from all service upon land, and upon the sea; from all forced loans, and contributions, for war or for the service of the state; they shall not be required to pay any ordinary tax, under any denomination whatsoever, at a higher rate than that paid by the subjects of the monarch, whose territory they inhabit. They shall not be subjected to any arbitrary domiciliary visits; their books or papers shall not be demanded nor examined under any pretence. It is agreed that domici. liary and other visits, and examinations, shall only take place in the presence of the competent authorities, in cases of high treason, smuggling, and other crimes, provided for by the laws of the respective nations. In general it is expressly stipulated, that the subjects of each party shall enjoy, throughout the territory

of the other, as regards their own persons, the same rights, favours and franchises, which are or may afterwards be granted, to the sub. jects of the most favoured nations.

Art. 6. The constitution of the empire having abolished all separate jurisdictions, it is agreed that the office of judge advocate (juiz conservador) of the British nation shall be suppressed, and that in the mean time a sufficient substitute shall be provided, for the protection of the persons and property of the subjects of his Britannic majesty. Hereby it is understood, that the subjects of his Britannic majesty shall enjoy in Brazil, the same rights and advantages enjoyed by Brazilian subjects, in civil and criminal matters; that they cannot be arrested without previous inquest, and the orders of the proper authorities, except in cases where they are taken in flagrante delictu, and that their persons are to be free from arrest, in all cases in which the law allows bail.

Art. 7. If, which Heaven avert, any misunderstanding, breach of friendship, or rupture, should take place between the two crowns, such rupture shall not be consider. ed as ex ng, until after the recall or the departure of the diplomatic agents of the two powers. The subjects of either power remaining within the territory of the other, shall have the right of regulating their affairs, or of carrying on their business with the interior, provided they continue to act peaceably. and do nothing contrary to the laws. Nevertheless, whenever their conduct gives rise to suspicions, they may be obliged to quit the country, every possible facility being afford. ed them, to retire with their property and effects, and sufficient

time being granted them; in no case, however, to exceed six

months.

Art. 8. It is also agreed, that neither of the two contracting parties shall knowingly or designedly take or keep in his service, those subjects of the other, who may have deserted from the sea or land service, but shall on proper demand, dismiss all such from his employ. It is moreover declared and agreed, that every favour which can be granted by one of the powers to the other, relative to deserters from his service, shall be considered as also conceded in the opposite case, as fully as if expressed in the present treaty. It is also agreed that in the case of sailors or marines, deserting from ships belonging to subjects of either power, during their sojourn in the ports of the oth the authorities are bound to render all possible assistance, for the arrest of such deserters; in like manner the necessary reclamations shall be made by the consul-general, the consul, or his deputies and representatives; and moreover, no religious or civil corporation shall protect or receive the said desert

ers.

Art. 9. Salutes in ports, and between flags, shall be made conformably to the usual existing regulations between maritime states.

Art. 10. Liberty of commerce and navigation shall be reciprocally enjoyed, by the respective subjects of the two powers, in ships of both nations, and in all and every port, city, and territory, be. longing to the said contracting powers, excepting those to which entrance is expressly forbidden to any foreign nation. It is agreed, that as soon as a port which has

been thus interdicted, shall be opened to the commerce of any other nation, it shall be, from that moment, also opened to the subjects of the two high contracting parties. The subjects of the two high contracting parties may enter with their respective ships, into all the ports, harbours, bays and anchorages, of the territories belong. ing to each of the two parties, unload the whole or a part of their cargoes, and take in or re-export merchandises. They may remain there, rent houses and stores, trayel, trade, open shops, transport goods, boats or money, and attend to all their concerns, without being thereby subjected to any surveil lance, and transact their business at their pleasure, by means of agents and clerks. Nevertheless, it is agreed that the coasting trade between ports, with articles of consumption, either with the interior, or with other nations, shall be excepted, and that this trade can only be carried on in ships of the country; the subjects of the two powers are, however, permitted to load such ships with their property, merchandise and money, on paying the same duties.

Art. 11. The ships of the sub. jects of each of the two high contracting powers, shall pay no higher port, tonnage, and the like duties, than those which are or may hereafter be required of the most favoured nations.

Art. 12. In order to prevent all doubts concerning the nation to which a ship may belong, the two parties have agreed to consider as English, those ships which are purchased, registered, and employed in navigation, conformably to the laws of Great Britain. On the other hand, such are to be consi

dered Brazilian, as are built upon the Brazilian territory, belong to Brazilian subjects, and whose cap. tain and three fourths of the crew, are Brazilians. All ships shall likewise be considered as Brazilian, taken from the enemy by ships of his majesty, the emperor of Brazil, or by his subjects, furnished with letters of marque, if they have been declared lawful prize by the Brazilian prize court; also those which have been condemned by a competent tribunal, for infraction of the laws prohibiting the slave. trade, and those bought by Brazilian subjects, with crews constituted as above mentioned.

Art. 13. The subjects of each of the two monarchs, while on the territory of the other, shall enjoy entire liberty of trading in any way with other nations.

Art. 14. Excepting in this respect, all articles and merchandise of which the crown of Brazil reserves to itself the exclusive monopoly. If, however, the trade of any one of these articles should afterwards become free, the subjects of his Britannic majesty shall be permitted to exercise it, with no greater restrictions than those of his majesty the emperor of Brazil. The duties upon the import and export of these articles, and merchandises, shall in all cases be the same, whether consigned to Brazilian, or to English subjects, or exported by them or belonging entirely to one of them.

Art. 15. In order to determine what is to be viewed as contraband in time of war, it is agreed to include under that head, all arms and munitions of war, by land or sea, such as cannon, guns, mortars, petards, bombs, hand grenades, grape shot, saucissons, gun

carriages, musket stocks, bande. liers, powder, matches, saltpetre, balls, pikes, swords, helmets, cuirasses, halberts, lances, spears, horse furniture, holsters, sword belts, and instruments of war in general, as well as ship timbers, tar and pitch, sheet copper, sails, canvass, ropes, and, in general, every thing necessary for fitting out ships of war, except unwrought iron, and pine boards.

Art. 16 Packets shall be es. tablished, to facilitate the public service of both courts, and the commercial relations between the subjects of each. They shall be considered as royal ships, whenever they are under the orders of officers of the royal navy. This article shall remain in force until an agreement has been concluded between the powers, for the special arrangement of the packet establishment.

Art. 17. For the more effica cious protection of the commerce and navigation of their respective subjects, the two high contracting parties, agree to receive no pirates within the ports, bays, or anchorages of their respective dominions, and to prosecute with all the rigour of the laws, all persons convicted of piracy, and all persons domiciliated in the territory, convicted of understanding or participation with them. All ships and cargoes belonging to the subjects of either of the contracting parties, taken or robbed by pirates, in the neighbour. hood of one of the ports of the other, shall be returned to their proprietors, or to those whom they may appoint, as soon as the identi ty of the property can be established. This restitution shall take place, even when the article claimed has been sold; only, however,

in those cases in which the buyer knew, or ought to have known, that said article had been acquired by piracy.

Art. 18. If any ship of war or commerce, belonging to either of the contracting states, should be wrecked in the ports or on the coasts of the other, the authorities and persons employed by the custom-house of the place, are to ren der all possible assistance, to save the persons and property of the shipwrecked; to see that the articles saved or their value be secured, so that if the ship wrecked be a ship of war, they may be restored to their respective governments, and if a merchant ship, to their proprietor, or to those whom he may empower, as soon as they are claimed, and the expenses of sal. vage and storage have been paid. Articles saved from shipwreck, shall be subject to no duty, unless carried for consumption into the country.

Art. 19. Every species of mer. chandise, and articles of every kind, which are the natural product or manufacture of the territories of his Britannic majesty, either in Europe or in his colonies, may be introduced into all or each of the ports of Brazil, after having once paid a duty, not exceeding fifteen per cent. in specie, or its equivalent, as fixed by the tariff, publish. ed in all the ports of the kingdom, in which custom-houses exist.

It is also agreed, that when tariffs are in future made, the market price shall be taken each time as the basis, and the consul of his Britannic majesty, shall have leave to make a representation, whenever any one of the articles shall be valued too highly upon the existing tariff, so that this circum.

stance may be taken into consideration as soon as possible, and without causing any delay in the shipping of said article.

It has been likewise agreed, that whenever English articles introduced into the Brazilian customhouses, shall not possess the value assigned them in the tariff, and they are intended for internal consumption, the importer shall add a declaration of their value, after which, their transportation shall not be delayed. In all cases, however, in which the persons employed by the custom-house, in fixing the duties, shall judge that the articles are rated beneath their value, it shall be in their power to sequester the article thus valued, to pay the importer ten per cent. over and above said valuation, within fifteen days from the time of their sequestration, returning the duties already paid; in all which the usages of the English custom-houses shall be followed.

Art. 20. His majesty the emperor of Brazil, engages not to admit into any part of his dominions, any article coming from abroad, produced or manufactured in said country, under duties less than those fixed in the preceding article, unless the same diminution takes place in English articles, produced or manufactured in England, excepting only, all articles produced or manufactured in Portugal, imported thence directly to Brazil, in ships of one or the other nation. His Britannic majesty has consented to this exception, in favour of Portugal, on account of the part he has himself taken in the negotiation which has been so happily terminated by the treaty of reconciliation and independence of the 29th of August, 1825, and

[ocr errors]

also on account of the friendly relations, which his Britannic majesty so ardently desires to maintain between Brazil and Portugal.

Art. 21. All articles of merchandise, the products of the industry and manufactures of Brazil, and imported directly for consump. tion into the territories and possessions of his Britannic majesty, in Europe, and in his American, Asia. tic, and African colonies, open to foreign commerce, shall be subject to no higher duties, than those paid upon the same articles, imported in the same manner, from any other foreign country.

Art. 22. As certain articles of Brazilian produce, when imported for consumption into the United Kingdoms pay heavier duties than are imposed upon similar products of the English colonies, his Britannic majesty agrees that such articles may be stored within his domi. nions until re-exported, under the necessary regulations, without pay. ing any duties of consumption; and they shall not be subject to higher storage or re-exportation duties, than those imposed, or which may hereafter be imposed, upon similar products of the Bri. tish colonies, when thus stored or re-exported.

In like manner, the products of the English colonies, which are similar to those of Brazil, can only be admitted for re-exportation into the Brazilian port under the same favourable conditions to which simi. lar articles are subjected in the English custom-house.

Art. 23. Every species of ar. ticle and merchandise, imported from the English territories into a port of his imperial majesty, must be accompanied by certifi. cates of its origin, signed by com

petent custom-house officers of the port of embarkation; which shall be numbered in order and attached to the declaration by the seal of the English custom-house; the correctness of the declaration shall be confirmed by oath in presence of the Brazilian consul, and the affidavit presented to the custom. house in the place of importation. The origin of the articles imported into Brazil from British possessions where there is no custom-house, shall be proved with the same formalities used in similar importations into Great Britain.

Art. 24. His Britannic majesty engages, in his own name and in that of his successors, to allow the subjects of his imperial majesty to trade with his own ports, at home and in Asia, upon the footing of the most favoured nations.

Art. 25. In all cases in which bounty or drawback is allowed upon articles exported from a port, belonging to either of the two powers, such bounty or drawback shall be the same under all cir cumstances, whether the re-exportation take place on Brazilian or on English ships.

Art. 26. His imperial majesty engages, in his own name, and in that of his successors, not to permit any restriction upon the commerce of his Britannic majesty, within his states, or injury to them from the effect of any exclusive monopoly for buying or selling, or by privileges granted to any commercial company. The subjects of his Britannic majesty, on the contrary, shall have full and entire liberty of buying and selling to whom and in what manner they please, without being obliged to give the preference to any such company, or to any individual enjoying such

« PreviousContinue »