HESSE-CASSEL ET DUCHES DE SAXE

Traité, entre la liesse électorale, d'un côté, et la Saxe i/ntn i ducale , les duchés de Saxe-Meiningen et de Saxe-Coboury Gotha, de l'autre côté, concernant les rapports mutuels de commerce, signé à Cassel, le 11 Décembre 1828.

Voir Genetzsainmtunf/ ftir Jwi HerzwjUium Gotha, 1828, n° 80, p. 17. et Aour. Rrc*?tl d Martkns, t. VU, p. 707.

Ces divers états font partie aujourd'hui de l'association des douar»ou Zollverein : voir ce mot à l'Index.

Traité de paix, d'amitié, de commerce et de navigation , entre /< > Mats- dus de l'Amérique septentrionale et le Brésil, convia à Rio- Janeiro , le 12 Décembre 1828, pour douze ans.

Art. I. Thcre shall bc aperfect, firm and inviolable peaeo and Irïendship between the United-Staalcs of America and their citizen* and His Impérial Majesty, his successors and snbjeols throiujbout t hoir possessions and territories respectiveh , without distinction ol poi sons or places.

Art. II. The United-States of America, and His Majesty the ein peror of Brazil, desirin^ to live in peace and harmony wilh ail tht

BKÉSIL ET ÉTATS-UNIS l) AMÉRIQUE. 189

r Dations of Ihe earth, by means of a policy frank and oqually 1828 friendU wiih ail. engage mutually, not to graill any particular favor loother nations in respect of commerce and navigation, which shall not immédiate^ become eommon to the other party, who shall enjo\ liesame freeh . if the concession was freely made, or on allowing ihe same compensation, if the concession was condition ! I. Il is imdetâood however, that the ralations and conventions which now ist »»r may hereaflcr exist between Brazil and Portugal, shall form

plion (<> ihis articlr.

Aet. III. The two high contractini; parties being likewise desirous of placing the commerce and na\ igation of their respective countries, ou uV libéral basis of perfect equalih and reciprocity mutually agrée, Ért the citizens and subjects of each may fréquent ail the coasts and mnmnes of the other, and réside and trade there in ail kinds of produce, manufactures and merchandise : and they shall enjoy ail uVrii'lits, privilèges and exemptions, in navigation and commerce, which native citizens or subjects do, or shall enjoy, submitting them- - to the laws, decrees, and usages, there established, to which native citizens or subjects are subjected. Bud it is understood thaï uns article does not include the coasting trade of either country, the régulation of which is reserved by the parties respectively, according to their own separate laws.

Abt. IV. They likewise agrée that whalever kind of produce, manufactures, or merchandise, of any foreign country, can be from lime to time, lawfully imported into the United-Statcs, in their own vcssels. may be also imported in vessels of Brazil: and that no higher or other duties upon the tonnage of the vessel and lier cargo, slwll be levied and collected , whether the importation be made in the vessels of the one country or the other. And in like manner, tlial wbatever hind of produce, manufactures, or merchandise of any foreu-n country, can be, from lime to time, lawfully imported into empire of Brazil, in ils ow n vessels, may be also imported in vessels ii »Ka Tnited-States : and that no higher or other duties upon the tonnage of the \essel and her cargo , shall be levied or collected wkether the importation be made in vessels of the one country, or ot tue other. And they agrée that whalever may be lawfully exported, v-« \|>orted from the one country in its own vessels, to any intry, may in like manner, be exported or re-exported in thf vessels of the other country. And the same bouillies, duties, and d«*l>aek>. shall be allowed and collected, whether such exportaor re -exportation, be made in vessels of the United-States, or " tue empire of Brazil. The government of the United-States how-

1 828 ever considering the présent state of the navigation of Brazil, agrée that a vessel shall be considered as Brazilian, when the propriété and captain are subjects of Brazil and the papers are in légal form.

Art. V. No higher or other duties shall be imposed on the im portation into the United-States, of any articles the produce or manu factures of the empire of Brazil , and no higher or other duties sha be imposed on the importation into the empire of Brazil, of an articles the produce or manufactures of the United-States, thanar or shall be payable on the like articles, being the produce or manu factures of any other foreign country : nor shall any higher or otta duties , or charges be imposed in either of the two countries, on tki exportation of any articles to the United-States , or to the empire c Brazil rcspectively , thiin such as are payable on the exportation ii the like article to any other foreign country : nor shall any prombitiui be imposed on the exportation or importation of any articles, tin produce or manufactures of the United-States , or of the empire u Brazil , to or from the territories of the United-States , or to or froc the territories of the empire of Brazil, which shall not equally exten<: to ail other nations.

Art. VI. It is likewise agreed, that it shall be wholly frceforall merchants , commanders of ships , and other citizens or subjects H both countries, to manage themselves their own business, in aile lh< ports and places subject to the jurisdiction of each other, as with respect to the consignment and sale of their goods and mer chandise by wholesale or retail , as with respect to the loading, unloading and sending of their ships ; they being in ail thèse cases u be treated as citizens or subjects of the country in which they resioV or at least to be placed on a footing with the subjects .or citons <> the most favored nation.

Art. VII. The citizens and subjects of neither of the contraetwu parties shall be liable to any embargo, nor be detained with ûVu vessels , cargoes, or merchandize or effects , for any inilitary cxpe<k tion, nor for any public or privatc purpose whatever, withoutallowuii to those interested, suffieient indemnification.

Art. VIII. Whenever the citizens or subjects of either of the con tracting parties shall be forced to seek refuge or as y 1 uni in the river* bays, ports or dominions of the other, with their vessels whetber<> merchant or of war, public or private, through stress of wcalk* pursuit of pirates , or enemies , they shall be received and trea;^ with humauity, giving to them ail favor and protection, for repaire their ships, procuring provisions, and placing themselves in a situatioi to continue their voyage without obstacle or hindance of any kind

w*. àht. IX. AH the ships, merchandise and effects belonging to tho 1 828 citizens or subjects, of one of the contracting parties, which may be ptored by pirates, whelher within the limits of its jurisdiction , or m the high seas, and may be carried, or found in the rivers, roads, ports, bays, or dominions of the other, shall be delivered up to the OMMlAj they proving in due and proper form, their rights before the compétent tribunals : it being well understood, that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective governments.

Aht. X. When any vessel belonging to the citizens or subjects of either of the contracting parties, shall be wrecked, foundered, or shall suffer any damage, on the coasts, or within the dominions of the other, there shall be given to them ail assistance and protection, m thf» same manner which is usual and customary with the vessels f the nation, where the damage happens, permitting them to unload the said vessel , if necessary, of its merchandise and effects , without fiactin» for it any duty, impost or contribution whatever, until they may be exported , unless they be destined for consumption.

Art. XI. The citizens or subjects of each of the contracting parties ■hall hâve power to dispose of their personal goods within the juris diction of the other, by sale, donation, testament or otherwise; and meir représentatives, being citizens or subjects of the other party, shall succeed to the said personal goods, whether by testament, or ab mtestuto , and they may take possession thereof , either by themselves, or others acting for them , and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are, shall be subject to pay in like cases : and if, in the case of real estate, the said heirs would be prevented from entering ioto the possession of the inheritance , on account of their character ofaliens, there shall be granted to tbem the term of three years, to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country.

A*t. XII. Both to contracting parties promise and engage formally to jrive their spécial protection to the persons and property of the •niions and subjects of each other. of ail occupations who may ho in their territories, subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial intercourse, on the same terms «bien are usual and customary, with the natives or citizens and abjects of the country in which they may be; for which they may «nploy. in défonce of their rights, such ad vocales, solicitors, notariés,

1828 agents, and factors , as they may judge proper in ail their trials al lavv.

Art. XIII. Il is likewise agreed , that the most perfect and enlire security of conscience shall be enjoyed by the citizens or subjects of* hotli the contra cting parties in the countries subject to the juridiction of the one an the other, without their being liable to be dis-turbed or niolested on account of their rehgious belief, solonga they respect the laws and cstablisbed usages of the country. Moreover the bodies of the citizens and subjects of one of the contracté parties who may die in the territories of the other, shall beburied» in the usual burying grounds , or in other décent or suitable plao»» and shall be protected from violation or disturbance.

Art. XIV. It shall be lawful for the citizens and subjects 0/ the United-Stales of America, and of the empire of Brazil, tosailwitli their ships, with ail manner of liberty and security, no distinction being made who are the proprietors of the merchandise ladea jthereon, from any port to the places of those who now are, orwtod hereafter shall be, at enmity with either of the contracting parties. Il shall likewise be lawful for the citizens and subjects aforesaid, ^ sail with the ships and merchandises before mentioncd, and to^j trade with the same liberty and security, from the places, ports, anW havens, of those who are enemies of either party, without any opp> ■* sition, or disturbance whatsoever, not only directly from the places of the enemy before mentioned , to neutral places , but also from 00e place belonging to an enemy to another place belonging to an eoeity whether they be under the jurisdiction of one power, or underseveral. And it is hereby stipulated , that free ships shall also give freedom to goods, and that every thing shall be deemed tobefree, and exempt, which shall be found on board the ships beloogifigto the citizens or subjects of either of the contracting parties, aliaougb the whole lading, or any part thereof should appertain to tbe enemies of either, contraband goods being always excepted. hfeateo agreed in like manner, that the same liberty be extended to person» who are on board a free ship , with this effect, that although they be I enemies to both or either party, they are not to be taken out of tbat free ship, unless they are officers or soldiers , and in the actual service of the enemies : Provided however, and it is hereby agreedthat the stipulations in this article contained , declaring that the fte shall covcr the property , shall be unterstood as applying to th«* Powers only, who recognize this principle; but if either of thet«* contracting parties shall be at war with a third , and the other ne*

raL the flag of the neutral shall cover Ihe properly of enemies whose 1 rnraents acknowledge this principlc , and not of othcrs. Ait. XV. lt is likewise agreed , that in the case where the neu- . of nne of the contracting parties, shall proteet the property ! Ike t nernies of the other, by virtue of the above stipulation, it shall ihv;i\> be understood, that the neutral property found on board such ?nemù vessels , shall be held and considered as enemy's property, rodas such shall be liable to détention and confiscation, except such >roperty as was put on board such vessel before the déclaration of M even afterwards, it if were donc without the knowledge of t;bttihe contracting parties agrée that four months having elapsed aAerthe déclaration, their citizens shall not plead ignorance thereof. On tbe contrary , if the flag of the neutral does not protect the eneroperty, in that case the goods and merchandize of the neuraJ . emb;irked in such enemy's ship , shall be free.

i XVI. This liberty of commerce and navigation shall oxtend ! kin<ls of merchandiscs , éxcepting those only which are dis- :.ii>h« b\ the name of contraband; and undor this naine of conrahand, or prohibited goods, shall be comprehended :

l° Cannons, mortars, howitzers, swivels, blunderbusses, muskets, «ttes, ritles, carbines, pistols, pikes, swords, sabres, lances, spears, •Mv nid grenades, bombs, powder, matches, halls, and ail -ttier thincs helonging to the use of thèse arms ;

8* Budlers. hehnets, breast-plales, coals of mail, infantry belts; indctohes niade up in the form, and for a raililary use; Cavalr^ belts and horses with their furniture; l'And generally ail kinds of arms and instruments of iron, steel, [>[><T, or of an\ other materials manufactured, prepared 1f,l faned r\pressl\ to make war l \ sea or land. Aht. XVII. Ail other nu i rhandise and things not comprehended n tides of contraband, cxpressly enumerated and classified as ^ shall |)( held and considered as free, and subjects of free and ■*W commerce , so that they may be carried and transported in •<st manner by both the contracting parties, even to places tataging ((, an enem) . éxcepting only those places which arc at ^fc&ebesiriînl or blockaded : and to avoid ail doubt in this par- « declared. that those places only are besieged or blockaded, *fcca are acluallj attacked I »> a force capable of preventing the ,,!r> of Ihe neutral.

tar. XV1I1. The articles of contraband, before enumerated and Which ma) be found in a vessel bound for an enemy's shall he subject to détention and confiscation, leaving free the IV j 3

1828 rest of the cargo and the ship, that the owners may dispose of thea as thcy see proper. No vessel of either of the two nations shall fae detained on the high seas, on account of having on board articles contraband, whenever the master, captain or supercargo ofsaid vessels , will deliver up the articles of contraband to the captor, uniess the quantity of such articles be so great, and of so large a bÀ that they caunot be received on board the capturing ship witteî great inconvenience : but in this and ail the other cases of

tention, the vessel detained shall be sent to the nearest eonvmew and safe port, for trial and judgment, according to law. V Art. XIX. And whereas it frequently happens that vessetoji for a port or a place belonging to an enemy, without knowingtl* the same is besieged, blockaded, or invested , it is agreed that every vessel so circumstanced , may be turned away from sach port or place, but shall not be detained, nor shall any part of her cargo, 1 not contraband, be confiscatcd, unless, after waraingof such bloduà| or investment from any officer commanding a vessel of the hlockading forces, she shall again attempt to enter; but she shall oepe ted to go to any other port or place, she shall think proper shall any vessel of either that may have entered into such p fore the same was actually besieged, blockaded, or invested other, be restrained from quitting such place with her cargo, doM found therein, after the réduction and surrender, shall such vessei or her cargo, be liable to confiscation, but they shall be re! the owners thereof. And if any vessel having thus entered before the blockade took place, shall take on board a cargo blockade be establishcd, she shall be subject to being warned to the blockading forces to return to the port blockaded, and discharf the said cargo , and if after receiving the said warning tbe vessel shall persist in going out with the cargo, she shall be liable to tk same conséquences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces. H Art. XX. In order to prevent ail kinds of disorder in the visitiU and examination of the ships and cargoes of both the contracté parties on the high seas, they have agreed mutually, that wbenevc< a vessel of war, public, or private, shall raeet with a neutralof^ other contracting party, the first shall remain at the greatest dista*» compatible with making the visit under the circumstances of tfce^ and wind and the degree of suspicion altending the vessel t» * visited, and shall send its smallest boat, in order to exécute the»* examination of the papers concerning the ownership and cargo * the vessel . withou' *»wng the least extortion , violence, or ill ^

raeot. forwhich the commanders of the said armed ships, shall be 1828 responsable with their persons and property ; for which purpose the Haananders of the said private armed vessels shall, before receiving their commissions, give sufGcient security to answer for ail the damages they may commit ; and it is expressly agreed, that the neuiraiparty shall in no case be required to go on board the examining WBel. for the purpose of exhibiting lier papers , or for any other purpose whatever.

,-ïAit. XXI. To avoid ail kind of vexation and abuse in the examinait of the papers relating to the ownership of the vessels belongingtollie citizens and subjects of the two contracting parties, they bave agreed, and do agrée, that in case one of them shall be engaged m war. the ships and vessels belonging to the citizens or subjects oflie other, must be furnished with sea-letters orpassports, expressing the name, property and bulk of the ship, as also the name ami place of habitation of the master or commander of said vessel, ifwder that it may thereby appear that the ship really and truly Wongs to the citizens or subjects of one of the parties; they have agreed, that such ships being laden, besides the said seaorpassports, shall also be provided with cerlificates, conthe several particulars of the cargo , and the place whence &e «bip sailed , so that it may be known , whether any forbidden or comrabaûd goods be on board the same ; which certificates shall be «wdeouthy the offlcers of the place whence the ship sailed, in the forrn; without such requisites said vessel may be deto be adjudged by the compétent tribunal , and may be delegal prize, unless the said defect shall be proved to be owing înt, and be satisfied or supplied by testimony entirely equi-

». XXII. U is further agreed , that the stipulations above exrelative to the visiting and examining of vessels, shall apply ^ to those which sail without convoy : and when said vessel shall fonder convoy , the verbal déclaration of the commander of the ^y,on his word of honor, that the vessels under his protection |to the nation whose flag he carrics : and when they are bound ïy's port, that they have no contraband goods on board, efficient.

A**- XXlll. It is further agreed, that in ail cases the established ^ for prize causes, in the côuntries to which the prizes may be l,,IMtocted shall alone take cognizance of them. And whenever ^tribunal of either party, shall pronounce judgment against any ^ess«, or goods, or property claimed by the citizens or subjects of

BRÉSIL ET ÉTATS-UNIS D'ANfÉRIQUE.

1K28 the other party, the sentence or decree shall mention the rcasonsor motives, on which the same sball have been founded, and anaulhenlieated copy of the sentence or decree, and of ail the proccedings ia the case, shall, if demanded, Le delivered to the commander w agent of said vessel, without any delay, he paying the légal feesfor the same.

Art. XXIV. Whencver one of the contracting parties shall bf engaged in war with anolher state, no citizen or subject of the other contracting party, shall accept a commission, or letter of raarquetfcr the purpose of assisting, or co-operating hostilely, with theak! enemy, against the said party so at war, under the painofkuiL treated as a pirate.

Art. XXV. If, by any fatality, which cannot be expected, aod which God forbid! the two contracting parties should be engaged in a war with each other, they have agreed, and do agrée, oow îor them, that there shall be allowed the term of six monlhs to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange ther business, and transport their effects wherever they please , giviu- to them the safe conduct neeessary for it, which may serve as a wiï\cient protection unlil they arrive at the designated port. Tiie citiuAS and subjects of ail other occupations, who may be established in ik territorics or dominions of the United-States ; and of the empire o( Brazil, shall be respected and maintained in the full enjoyoïentof their personal liberty and property, unless their particular condud shall cause them to forfeit this protection, which in considération ol humanity, the contracting parties engage to give them.

Art. XXVI. Ncither the dcbts due from the individuals of tbt one nation, to the individuals of the other, nor shares nor roonev which they may have in public funds, nor in public or private banû shall ever in any event of war or national différence be sequestrated or confiscated.

Art. XXVII. Both the contracting parties being desirous ofavoidiaj: ail mequality in relation to their public communications and officiai mtercourse, have agreed and do agrée, to grant to their Envo* Munsters, and other public Agents, the same lavors, immunities a*i

favored nation do, or ^ enjoy; it being understood, that whatever favors, immimities, orpr.

findS!|S'r,lhe United;Stali0S of Am^ca, or the empire of Brazil m**

it proper to give the Ministers and public Agents of anv power, shall, by the same act, be extended to those of each ©f il contracting parties.

Art. XXVIII. To makc more effectuai the protection vvhich the 1828 Iniled-Sfates and the empire of Brazil shall aflbrd in future to the navigation and commerce of the citizens and subjects of each other, Ibey agrée to reçoive and admit consuls and vice-consuls in ail the ports open to foreign commerce , who shall enjoy in them ail the rights, prérogatives, and immunities, of the consuls and vice-consuls ofthemost favored nations: each contracting party however, rc- Hiaining at liberty to except those ports and places in which the admission and résidence of such consuls may not seem convenient.

Ait. XXIX. In order that the consuls and vice-consuls of the two contracting parties, may enjoy the rights, prérogatives, and immunities, which belong to them, by their public character, they shall be/ore entering on the exercise of their functions, exhibit their commissions or patent in due form, to the government to which they are accredited : and having obtained their exequatur, they shall be heldand considered as such, by ail the authorities, magistrales, and iohabitants, in the consular district in which they réside.

Art. XXX. It is likewise agreed, that the consuls, their secrelaries, officers, and persons altached to the service of consuls, they not being citizens or subjects of the country, in which the consul résides, shall be exempt from ail public service, and also from ail kinds ol taxes , imposts and contributions, except those which they shall Le obliged to pay on account of commerce, or their properly, to which the citizens or subjects and inhabitants, native and foreign, of the country in w hich they réside are subject; being in every thing besides subject to the laws of their respective States. The archives «rodpapers of the consulate shall be respected inviolably, and under wpretext whatever, shall any magistrate seize or in any way interfère with them.

Art. XXXI. The said consuls shall have pow7cr to reejuire the distance of the authorities of the country, for the arrest, détention aod custody of deserters from public and private vessels of their ccQBtry, and for that purposc they shall address themselves to the swrts, judges, and oîficers compétent, and shall demand the said deseiiers in writing, proving by an exhibition of the registers of the

^ssebor ships roll, or other public documents, that those rnen were part of said crews ; andonthis demand so proved (saving however, wherethe contrary is proved), the delivery shall not be refused. S*** deserters, when arrested, shall be put at the disposai of said ^WUls, and may be put in the public prison, at the request and

Ype&se of those who reclaim them, to be sent to the ships to w hich bclonged , or to others of the same nation. But if they be not

1828 sent back within two months, to be counted from the day of Ihetr arrest, they shall be set at liberty, and shall no more be arrested for the same cause.

Art. XXXII. For the purpose of more effectually protecting tbeir commerce and navigation, thè two contracting parties do hereby agrée, as soon hereafter, as circumstances will permit them, to fora, a Consular Convention, which shall déclare specially the powcrs and immunities of the consuls and vice-consuls of the respective parties.

Art. XXXIII. The United-States of America, and the emperorof Brazil desiring to make as durable as circumstances will permit, il» relations which are to be estàblished between the two parties by virtue of this treaty, or gênerai convention of peace, amity, commerce and navigation, have declared solemnly and do agrée to the followim! points :

1° The présent treaty shall be in force for twelve years from the date hereof , and further until the end of one year after either of the contracting parties shall have given notice to the other, of ils intention to terminate the same : each of the contracting parties resening to itself tho right of giving such notice to the other, at the end o! said term of twelve !years : and it is hereby agreed between ta. thaï on the expiration of one year after such notice shall have beiu received by either, from the other party, this treaty in ail thepart> relating to commerce and navigation , shall altogether cease and détermine, and in ail those parts which relate to peace and friendship. it shall be permanently and perpetually binding on both powers.

2° If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or sobject shall be held personally responsible for the same , and the harmony and good correspondent between the nations shall not be interruptcd thereby ; each party engaging in no way to proleci the offender , or sanction such violation.

3° If (which, indeed, cannot be excepted), unfortunately. any of the articles contained in the présent treaty , shall be violated or infringed in any way whatever, it is expressly stipulated, thaï neilher of the contracting parties will order or authorizc any acts of reprisainor déclare war against the other , on complaints of injuries * damages until the said partv considerinc itself offendcd, shaHfi^ have presented to the other a statement of such injuries or daoup verified by compétent proof, and demanded justice and salisfâcu*1 and the same shall have been either refused , or unreasonawî delayed. *

4" Nothing in this treaty contained shall however, be constru^

AUTRICHE ET BAVIÈRE, ETC. 199

Rate contrary to former and existing public treaties withother 1828 gns or stales.

présent treaty of peace, amity, commerce and navigation, bail be approved and ratified , etc.

AUTRICHE ET BAVIERE

\mention, entre l'Autriche et la Bavière, concernant la liquidahi et la compensation des arrérages et des dettes dans les pays cédés réciproquement, conclue le I 3 Décembre 1828.

Rtgierungiblatt ftir das Kànigreich Daiern , 1829, 23. Mal; iSeuetto Staalsakten , M. XVI, p. 116, et .Xouv. Recueil de Maktens, l. IX, p. G8

(f amitié, de navigation et de commerce, entre les Pays-Bas ftle Brésil, signé le 20 Décembre 1828, à Rio- Janeiro.

Wk Abt. I. 11 y aura amitié constante entre S. M. le roi des Pays-Bas ■ S. M. l'empereur du Brésil, leurs héritiers et successeurs do part ■d'autre, ainsi qu'entre leurs sujets respectifs. H Abt. II. Une liberté réciproque de commerce aura lieu entre les possessions de S. M. le roi des Pays-Bas en Europe, et l'empire du ésil.

Les sujets respectifs des deux états jouiront d'une pleine liberté et pour se rendre avec leurs navires et leurs cargaisons dans les lieux, ports et rivières où d'autres étrangers ont en ce , ou obtiendront par la suite la permission d'eutrer , et pour puroerct demeurer dans chaque partie des susdits états, comme jjaossi pour y louer et y occuper des maisons et des magasins à foage de leur commerce.

I Pareillement les vaisseaux de guerre des deux nations auront de r*tt et d'autre la liberté d'aborder sans empêchement et sûrement 'dans tous les ports, rivières et lieux où les vaisseaux de guerre de <Nque autre nation ont, ou obtiendront à l'avenir la liberté d'entrer,