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AMERICAN DIPLOMATIC CODE,

EMBRACING A COLLECTION OF

TREATIES AND CONVENTIONS

BETWJEN THE UNITED STATES AND FOREIGN POWERS:
FitoM 1778 To 1 834.

WITH AN

ABSTRACT OF IMPORTANT JUDICIAL DECISIONS

OS MISTS CONNECTED WITH

(But: iPorcCon tttlatfotw.

ALSO,

A CONCISE DIPLOMATIC MANUAL,

CONTAINING A SCMMAIIT OF THE

LAW OF NATION'S,

FROM THK WOUK9 OF

Wlcjuefort, Martens, Kent,

Vattel, Ward, Story, tSc.Vc.

AMI OTHER

DIPLOMATIC WRITINGS ON QUESTIONS OF INTERNATIONAL LAW.

rum Tor

PUBLIC MINISTERS AND CONSULS,

AND FOR ALL OTHERS HAVING OFFICIAL OH COMMERCIAL INTERCOURSE WITH FOnEION NATIONS.

BY JONATHAN ELLIOT.

"It would be exceedingly to the di»credit of any person, wlio shoiilil be called to take ■
"share in the councils of the nation, if he should he found deficient in (he great leading
"principles of International Law."—Kent's Commentaries on American Law.

IN TWO VOLUMES.—VOLUME THE SECOND.

WITH NOTES AND INDEXES.

S&aefpftioton:

PRINTED BY JONATHAN ELLIOT, JUNIOR.

OS THE PENNSYLVANIA AVENUE.

HARVARD COLLEGE LIBRARY

GIFT OF
ALBERT BUSHNELl HART

1926

Entered according to Act of Congress, in the year eighteen hundred and thirtyfour, by Jonathan Elliot, in the Clerk's Office of the District Court, for the District of Columbia.

AKEAIOAN TREATIES WITH THE UNITED STATES.

BRAZIL.

Treaty, or General Convention, of Peace, Commerce and Navigation, between the United States of America and his Majesty the Emperor of Brazil concluded and signed at Rio de Janeiro, on the 12th day of December, 1828, on the part of the United States, by W. Tudor; on the part of Brazil, by Marquez

de Aracaty, and Miguel de Souza Mello e Alvim, 66

Negotiators appointed to conclude a treaty. Art. t. Firm and inviolable peace, Sec. 66

Art. 2. Favors of commerce to be common to both parties ..66

3. Mutual benefits in trade and residence to be equally enjoyed. 4. Each party may carry its own produce to the republic of the other—equalization of duties

established, and to be the basis of all trade 67

5. Importations and exportations to be on a reciprocal footing. No partial prohibitions to be established. 6. Merchant, commanders of ships, and other citizens of both countries, he. to manage their own business; to be treated as citizens of the most favored nation. 7. Citizen* of neither of the contracting parties shall be liable to any embargo, fkc. 8. Whenever the citizens of either party seek refuge, in the dominions, Stc of the other, they are to be treated as friends, fkc. . . 6t

9. All ships, Sic belonging to the citizens of either party captured by pirates, and found within the dominions of either, to be delivered up to the owners. ... 69

10. Assistance and protection to be rendered in case of wrecks, fxe. within the dominions of each other. 11. Citizens of each party shall have power to dispose of their goods and effects within the jurisdiction of the other by sale, testament, or otherwise. Alien heirs allowed .3years to dispose of their property. 12. Complete prolectection in persons and property in the territories of both nations, legal redress, etc. • 69

13. Liberty of conscience anil rites of burial secured. 14. Both parties at liberty to trade with those at enmity with either, eU. Free ships to mik.' free goods. AH persons on board, except those in the actual service of an enemy to be fre«. ... 70 Flag covering the properly to be applied to those powers, only, who acknowledge the principle. IS. Enemy's property, to be protected by a neutral flag, must be shipped two months before declaration ot war, etc. 16. Contraband specified. 71 Definition of blockade. 18. Contraband only, liable to confiscation. 19. In cases of blockade, vessels to be notified but not detained, etc. Vessels entering before blockade, may quit unmolested, etc •••••• 72

20. During a visit at sja, armed vessels to remain out of reach of cannon shot,—Neutrals not to go on board the examining vessel. 21. In case of war, sea-letters, certificates of car^o,etc. to be furnished, expressing to whom the property belongs, ... 73

22. V isiting regulations to apply only vessels without convoy, 74

23. Established courts only to try prize causes—Motives of condemnation to be stated, 74

24. The neutral party not to accept a commission to cruise against the other, ... 74

25. In case of war, six months allowed to those on the coast, and 12 for those in the interior, to remove effects, etc. 26. No sequestration of money in banks, etc, . 74

27. Official intercourse in relation to public ministers, etc., to be on a reciprocal footing, 75

28. Each party permitted to have consuls in each other's ports, • • 75

29. Commissions to be exhibited before exequatur is obtained, 75

SO. Consuls exempt from public service—their archives inviolate, 75

31. Consuls may call in the public authorities to aid in securing deserters, who are not

to be detained more than 2 months in prison. 32 Consular convention to be formed, 76 33. The following points agreed to;—1st. Treaty to be in force 12 years—Peace, etc. 2ndly. Citizens responsible for infringing this article. 3dly. War not to be

declared, until remonstrance is made, and satisfaction h refused .77

4thly. Other treaties not to be contravened by this—Ratifications within 8 month!, TT

S

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