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its own seals conjointly with those of the Consul, if it should be deemed expedient by the said authority, after which these double seals shall only be withdrawn by common consent.

2ndly. To draw up in the presence also of the competent local authority, should the latter think it its duty to be present, the inventory of all the property and personal effects of the deceased. With respect to the mode of proceeding not only for affixing the seals, which ought to be done as soon as possible, but also as to the inventory, the Consuls-General, Consuls, and Vice-Consuls shall fix, conjointly with the local authority, both the day and hour for the performance of these two acts, and give the local authority notice of the same in writing, of which a receipt shall be given. Should the local authority not attend to the invitation, the Consuls shall proceed without any further delay or formality to the two acts above mentioned.

3rdly. The Consuls-General, Consuls, and Vice-Consuls shall order the sale of all the movable property or proceeds of the inheritance which might deteriorate, to be proceeded with according to the custom of the country; they shall be allowed either to administer or liquidate the inheritance in person, or to appoint an agent, on their own responsibility, to administer and liquidate the same, without any interference on the part of the local authority in these acts, unless one or more subjects of the country, or of a third Power should make any claims in regard to the aforesaid inheritance. For in this case, inasmuch as the Consul has no right to decide the question, it must be brought before the courts of law of the country, which are competent to give a decision, the Consul then acting as the representative of the heirs. Judgment having been given it will be the Consul's duty to put it into execution, should he not deem it expedient to appeal from the same, or if the parties cannot agree; and he will then have a perfect right to continue to carry out the liquidation which had been suspended whilst awaiting the decision of the courts of justice.

4thly. The Consuls-General, Consuls, and Vice-Consuls shall, however, be bound to give notice in one of the newspapers of their district of the death of the person, whose inheritance is in question, and they shall not deliver the inheritance or the proceeds of the same to the lawful heirs, or to their attorneys, until all the debts which the deceased may have contracted in the country shall have been paid, or until after a year shall have elapsed from the day of the death, without any claim having been made against the inheritance.

5thly. It is further understood that the right of administering and liquidating the inheritances of Brazilians dying in Portugal shall belong to the Consuls of Brazil, even in case the heirs are

minors, and the children of Brazilians born in Portugal, in reci. procity for a similar right which is to belong in future to the Consuls of Portugal in the Brazils, of administering and liquidating the inheritances of their fellow-subjects in identical cases.

XIV. The subjects of the two countries shall be subject to the laws and regulations of the country where they live in all things relating to the police of the ports, the loading and unloading of ships, and the security of their merchandize, goods, and personal effects. Nevertheless, the Consuls-General, Consuls, and ViceConsuls shall be exclusively charged with the maintenance of order on board the merchant ships of their own nation, and they alone shall take cognizance of any disputes which may arise between the captain, the officers, and the individuals included under any title whatsoever in the ship's muster-roll.

The local authorities shall not interfere except in case the disturbances caused by those disputes should be of such a nature as to break the public peace, or in case one or more natives of the country, or not belonging to the crew should be implicated in the disturbance. In all other cases the authorities shall merely confine themselves to afford their assistance to the Consular functionaries, when requested by the latter to do so, for the purpose of arresting and carrying to prison any of the men belonging to the crew, whom they may think proper to keep in custody there in consequence of those disturbances.

XV. The Consuls-General, Consuls, and Vice-Consuls shall be allowed to order sailors or any other persons, forming a regular part of the crews of the ships of war or merchantmen of their own nation, who may have deserted from their ships, to be arrested, and sent back either on board ship or to their own country. For this purpose they shall address themselves in writing to the proper local authorities, and they shall prove that the men claimed by them did belong to the crews of the said ships by showing the ship's register, or muster-roll, or in case the vessel should have already left port, by means of a copy duly certified by them of any of the aforesaid documents. On presentation of their claim accompanied by any of the said proofs, the delivery of the men cannot be refused to them. Moreover, they shall receive all due assistance for the purpose of seeking and arresting the aforesaid deserters, who may be kept and maintained in the prisons of the country at the request and expense of the above mentioned agents, until the latter shall meet with an opportunity of sending them back to their own country. Should, however, no such opportunity offer within a term of 3 months, to be computed from the day of imprisonment, the men in custody shall be set at liberty, 3 days' notice having been given to the Consul; and they cannot be arrested again for the same reason.

But if the deserter should have committed, in addition to the desertion, any other crime or misdemeanor on shore, he shall not be set at liberty until the proper court shall have pronounced sentence upon that crime or misdemeanor, and until the same sentence shall have been fully carried into execution.

It is likewise understood that any sailors or others belonging to the crews of those ships, who happen to be subjects of the country where the desertion takes place, are excepted from the stipulations of this Article.

XVI. Whenever there should not happen to be any stipulations to the contrary between the owners, fitters out, shippers, and insurers of the vessels of one of the two countries, proceeding to the ports of the other, either in due course or by a forced entry, the "averages" shall be regulated by the Consuls-General, Consuls, and Vice-Consuls of their own nation.

If, however, any subjects of the country where the aforesaid agents reside, or of a third Power should happen to be interested in the "averages," the latter shall be settled by the competent local authority, unless there should be an amicable arrangement between the parties.

XVII. In case any ship belonging to the Government, or to the subjects of one of the two High Contracting Parties should go ashore or be wrecked on the coast of the other, the local authorities shall immediately report the event to the Consul-General, Consul, or ViceConsul of the district, or in their absence, to the Consul-General, Consul, or Vice-Consul, who may be nearest to the place of the wreck.

All the operations relating to the saving of the cargo and other articles belonging to Portuguese vessels wrecked in the territorial waters of Brazil shall be conducted by the Consuls-General, Consuls, or Vice-Consuls of Portugal, and vice versa, the ConsulsGeneral, Consuls, or Vice-Consuls of Brazil shall carry on the operations relating to the saving of the cargo and other articles belonging to the vessels of their own nation which may be wrecked in the territorial waters of the Portuguese dominions.

The intervention of the local authorities shall only take place in the two countries, for the purpose of affording the Consular Agents all necessary assistance, keeping order, guaranteeing the interests of any of the salvors who may not belong to the crews, and in fine of watching over the execution of the rules which ought, to be observed on entering and removing the merchandize saved.

In the absence, and until the arrival of the Consuls-General, Consuls, or Vice-Consuls, the local authorities shall adopt all the measures that may be necessary for the protection of the persons concerned, and for the preservation of the things saved.

Moreover, the two High Contracting Parties agree, that the merchandize and other effects that are saved shall not be subjected to any Customs duty, unless they should be entered for home consumption.

In cases of doubt as to the nationality of the vessels, all the provisions mentioned in this Article shall be exclusively carried out by the local authorities.

XVIII. The Consuls-General, Consuls, and their Chancellors as well as Vice-Consuls shall enjoy in the two countries all other privileges, exemptions, and immunities which may in future be granted to agents of the same rank of the most favoured nation.

XIX. The present Convention shall be in force for the space of 10 years, to be reckoned from the day of the exchange of the ratifications, which shall take place in this city of Rio de Janeiro, within the term of 3 months, or sooner if possible.

If neither of the High Contracting Parties shall have notified, one year before the expiration of the aforesaid term of 10 years, its intention of causing the effects of this Convention to cease, it shall continue in force for another year, and so on until the expiration of one year from the day on which one of the parties shall have made the notification above-mentioned to the other.

In witness whereof the two Plenipotentiaries have signed this Convention in duplicate, and have affixed thereto the seal of their

arms.

Done at Rio de Janeiro, on the 4th of April, of the year 1863 from the birth of our Lord Jesus Christ.

(L.S.) JOSE DE VASCONCELLOS E SOUSA. (L.S.) MARQUEZ DE ABRANTES.

CORRESPONDENCE between The United States and Great Britain, Bavaria, Bremen, Denmark, France, Hamburgh, Netherlands, Oldenburg, and Spain, relative to the Emigration of Foreigners to The United States, and to the liability of Naturalized American Citizens to Military Service on their return to their Native Country.-1848-1860.

SIR,

No. 1.-Mr. Bancroft to Mr. Buchanan.

London, December 8, 1848. I HAVE this day received a note from Lord Palmerston, informing me officially of the liberation of Messrs. Bergen and Ryan, and inclosing a communication from Sir William Somerville on their

arrest and liberation. I inclose copies of these
to me to require no further attention.
J. Buchanan, Esq.

SIR,

papers,

which appear

I remain, &c. GEORGE BANCROFT.

(Inclosure 1.)-Lord Palmerston to Mr. Bancroft.

Foreign Office, December 7, 1848. I HAVE the honour to inform you that I have referred to Sir George Grey, Her Majesty's Secretary of State for the Home Department, the observations contained in the letter which you addressed to me on the 10th ultimo,* in reply to my note of the 30th of September,† respecting the imprisonment in Dublin of Mr. James Bergen and Mr. Richard Ryan, and respecting the orders which were issued in August last to the Irish police, with reference to persons arriving in Ireland from America.

I now beg leave to transmit to you a copy of a statement upon those matters, which Sir George Grey has received from the Government in Ireland, containing a further explanation of the grounds upon which the Irish Government found it necessary to order the adoption of those measures of precaution.

You will, however, learn from the inclosed statement that the Irish Government had given directions for the liberation of Mr. Bergen and Mr. Ryan. I have, &c.

G. Bancroft, Esq.

SIR,

PALMERSTON.

(Inclosure 2.)-Mr. Somerville to Mr. G. C. Lewis.

Dublin Castle, November 28, 1848.

I AM directed by the Lords Justices to acknowledge the receipt of your letter of the 20th instant, with its inclosures, relative to the arrest in Ireland of certain persons coming from America; and I am desired by their Excellencies to state, for the information of Secretary Sir George Grey, that the reply of Mr. Bancroft to Lord Palmerston's letter of the 30th September complains of the detention without trial in this country of Mr. James Bergen and Mr. R. F. Ryan, stated to be American citizens; and also, of a certain order, issued in the month of August last, with reference to natives of America visiting Ireland.

With reference to the first-named gentleman, the American Minister states it to be the opinion of persons on whose integrity he can rely, and who had good opportunity for observation, that Mr. Bergen was not a political agent. It has been already stated, in a former letter of the 19th September, that the Lord Lieutenant had reason to come to a different conclusion.

As regards Mr. R. F. Ryan, it will be observed that Mr. Bancroft does not convey any similar assurance.

* Vol. XLVII. Page 1237.

+ Vol. XLVII. Page 1233.

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