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the act of the exchange of ratifications, what is to be the place of residence of its respective commission. Those commissions shall judge without appeal the causes which shall come before them, directing themselves by the regulation and instructions annexed to the present treaty.

Art. XII.-Makes an enumeration of the instruments annexed to the treaty, which are

1. The formula of the passports. 2. Instructions for the ships of war of both nations.

3. The regulations for the mixed commissions.

Art. XIII.-Stipulates for the exchange of ratifications at London, in the space of four months, if possible.

Done at Rio de Janeiro, the 18th of October, 1825.

COMMERCIAL TREATY.
In the name of the Holy and
Indivisible Trinity.

The best understanding having subsisted between Brazil and Great Britain, as well as an extensive commerce between the subjects of both states, the emperor of Brazil and his majesty the king of the United Kingdom of Great Britain and Ireland have thought fit to conclude, for the benefit of their respective subjects, the present treaty of friendship, commerce, and navigation. By this act, his Britannic majesty in his name, and in the name of his heirs and successors, recognizes the independence of the empire of Brazil, and the imperial dignity in the person of the emperor don Pedro 1st, and his legitimate heirs and successors ;and for the establishment and consolidation, under the said principles, of the political relations of the two crowns, and for the pro

motion and security of commerce and navigation, both sovereigns nominate for their plenipotentiaries, viz. &c. &c.

Art. 1. Constant peace and perpetual friendship between the two sovereigns, their subjects, and states.

2. Perfect reciprocity in the concession of favours, honours, immunities, privileges, exemptions from duties and imposts to the ambassadors, ministers, and agents of either sovereign, accredited to the court of the other.

3. The giving of salutes to the ports and flags of either nation shall be conformable to the regu lations now observed between ma ritime states.

4 and 5. The nomination of consuls-general, consuls, and viceconsuls, their powers, and the exercise of their functions, shall be placed on the footing of the most perfect reciprocity.

6. The subjects of either of the high contracting parties shall enjoy in all the territories of the other, the most perfect liberty of conscience in matters of religion, conformable to the system of toleration established and practised in their respective states.

7. The subjects of each of the high contracting parties (remaining subject to the laws of the country) shall enjoy in all the territories of the other, with regard to their persons, the same rights, privileges, favours, and exemptions, which are or may be conceded to the most favoured nation. They may freely dispose of their property by sale, exchange, gift, or bequest, or in any other manner, without any obstacle or impediment whatever. Their houses, property, and effects shall be protected and respected, and shall not be taken con

trary to their will by any authority whatever. They shall be exempt from obligatory military service, of whatever kind it may be by land or by sea, and from every kind of forced loan, impost, and military requisitions; nor shall they be compelled to pay any ordinary tax, whatever may be its denomination, greater than that which is paid or may be paid by the subjects of the sovereign in whose territories they reside. They shall also be subject to no arbitrary visits and inquests, nor shall any examination and investigation of their books and papers take place under any pretence whatever. It being understood that in cases of treason, smuggling, or other crimes specified by the laws of the country, inquests, visits, examinations or investigations shall not take place except before the competent magistrate, and in the presence of the consul of the nation to which the accused party belongs, or in the presence of the respective viceconsul or his delegate.

8. The office of judge-conservator of the British nation is suppressed, in pursuance of the imperial constitution having abolished all privileged persons and particular jurisdictions.

9. In case of breach of friendship, or a rupture, which shall not be held to exist except after the recal or removal of the diplomatic agents, the subjects of either nation resident in the territories of the other may remain to arrange their affairs, or to carry on trade in the interior, without being interrupted, so long as they shall conduct themselves peaceably and commit no offence against the laws. If, however, their conduct should cause them to be suspected, they may be ordered to leave the

country, but with the power of carrying with them their property, for which a sufficient period, not exceeding six months, shall be allowed.

10. Persons accused in the states of one of the high contracting parties of the crimes of high treason, forgery, and counterfeiting money, or paper representing it, shall not be admitted, nor receive protection in the dominions of the others. They shall even be expelled from the respective states upon the same being required.

11. Each of the high contracting parties becomes bound not to receive, knowingly and voluntarily, into his states, or to engage in his service, subjects of the other who may have deserted from the military or naval service. And in case it should happen during the stay of mercantile vessels belonging to the subjects of either nation in the respective ports, that any person or persons belonging to the crews of the said vessels shall desert, such deserters shall be apprehended, and, upon the demand of the consul or vice-consul of the nation to whom they belong, delivered up by the local authorities.

12. There shall be reciprocal freedom of commerce and navigation between and with the respective subjects of the high contracting parties, as well in Brazilian as in British ships, in all and every of the ports, cities, and territories appertaining to the same high contracting parties, except in such as are positively shut against all foreign nations. It being, however, understood, that when any of the said ports, cities, and territories, shall become open to the trade of any other nation, they shall immediately be also free to the subjects

of the high contracting parties, as fully and in the same manner as if the same were expressly stipulated in the present treaty.

13. In consequence of this reciprocal liberty of trade and navigation, the subjects of the high contracting parties may enter with their respective vessels into all ports, bays, creeks, and roadsteads, of the territories belonging to either of the high contracting parties, may unload therein the whole or part of their cargoes, may load and may re-export. They may reside, rent houses and warehouses, travel, trade, open shops, remove goods, metals, and money, and manage their own interests, by themselves, their agents, or clerks, as they may think proper. It is, however, agreed to make an exception, with respect to the coasting trade from port to port, consisting of native productions or foreign already shipped for consumption, the trade of which can only be carried on in national vessels, the subjects of both the high contracting parties being nevertheless at liberty to ship their effects and merchandize on board the said vessels on paying the same duties.

14. The ships and vessels of the subjects of either of the high contracting parties shall not pay in the ports and anchoring grounds of the other, for light-houses, tonnage, or under any other designation, any greater duties than those which are paid or shall be paid by the ships of the subjects of the most favoured nations.

15. His Britannic majesty agrees to cause to be restored to Brazilian subjects, and their ships, as of the most favoured nation, whatever may be paid under the name of scavage and package to the corporation of the city of London, and

the duties which vessels pay to the corporation of the Trinity-house in London, when the said duties exceed the sums paid by British subjects and British ships.

16. To obviate whatever doubts may arise relative to the nationalization of Brazilian and British ships, the high contracting parties agree that ships shall be considered British which may be owned, registered, and navigated according to the laws of Great Britain, and that vessels built or owned by Brazilian subjects, or any one of them, and whose captain and three-fourths of the crew shall also be Brazilian subjects, shall be held to be Brazilian ships. His Britannic majesty, however, taking into consideration the navigation of Brazil, agrees to suspend for the space of seven years the entire enforcement of this regulation, the owner and master being Brazilians, and the vessels having all their papers in due and legal form.

17. The subjects of either of the sovereigns within the dominions of the other, where foreigners are permitted to reside and carry on trade, shall be permitted to trade with other nations in all kinds of produce and merchandize, except in articles which may belong to enemies of either of the two powers, or which may be contraband of war, or reserved for the crown of Brazil. And no other nor greater duties of importation or exportation shall be imposed than such as are paid or may be paid by merchants of the country whence the goods proceed, whether they be consigned and exported by Brazilian or English subjects, or be their property. In pursuance of the present article, all the property of an enemy of either of the high contracting parties met with at

sea in ships of the other, shall be seized; and in order that this principle may have due effect, it is agreed, that the mode and manner of its full execution shall be arranged within as short a period as possible.

18. Specifies the articles comprehended under the denomination of contraband of war.

19. Packets shall continue to be employed for facilitating the public service of the two governments, and the commercial relations of their respective subjects. They shall be considered as king's ships until there be concluded between the two governments a convention for the general regulation of the packet establishment, it being in the mean while understood that they shall be commanded by officers of the royal navy.

20. In order the more effectually to protect the commerce and navigation of their respective subjects, the two high contracting parties agree not to admit into any port, bay, or roadstead of their dominions, pirates or sea robbers, and to prosecute, with the full rigour of the law, all persons known to be such, and all individuals resident within their territories who may hold correspondence, or be accomplices with them. And all ships and cargoes belonging to subjects of either of the high contracting parties, which pirates may take or carry into the ports of the other, shall be delivered to their owners or to their agents, duly authorized, the identity of the property being previously proved. And restitution shall be made even though the property claimed shall have been sold, if it appear that the purchaser knew, or might have known, that the said article was obtained by piracy.

21. Whenever it shall happen that any ships of war or merchant. men, belonging to either of the two states, shall be shipwrecked in the ports or on the coasts of their respective territories, the greatest possible assistance shall be given, as well for rescuing the persons and property on board, as for the security, preservation, and restoration of the articles saved. The property recovered from shipwreck shall not be subject to pay duty, except it consist of articles shipped for consumption.

22. All goods and merchandise whatsoever, which may be of the produce, manufacture, and industry of the subjects and territories of his Britannic Majesty, as well of his European ports as of his colonies which are open to foreign commerce, may be freely imported for consumption into all and every of the ports of the empire of Brazil, to whomsoever they may be consigned, paying on the whole and solely duties which shall not exceed 15 per cent, according to the value put upon the said goods in the tariff of custom-house valus. tion, this tariff being promulgated in all the ports of the empire wherein custom-houses are or shall be established. It is also agreed, that in the formation of future tariffs, the current price of mer chandise in the market shall be adopted as their provincial basis, and that it shall be allowed to the respective consuls of each of the high contracting parties to make representations, when it may ap pear that any article included in the existing tariff is too highly rated, in order that the same may be taken into consideration as speedily as possible; but not on that account suspending the clearing out of the said articles.

It is also agreed, that when any British articles imported into the custom-houses of the empire of Brazil may have no determinate value in the tariff, and it is wished to pass them for consumption, the importer of such articles shall sign a declaration of their value, in order to their being passed; but in case the custom-house officers shall consider the said valuation improper, they shall be at liberty to take the goods so valued; paying the importer 10 per cent upon the said valuation within the period of 15 days, reckoning from the first day of detention, and restoring the duties paid; following for this purpose the practice observed in the custom-houses of Great Britain. 23. In the same manner all goods, merchandise, and articles whatsoever, of the produce, manufacture, or invention, of the Brazilian territory, imported directly for consumption into the territories and possessions of his Britannic Majesty in Europe, or in his American and African colonies which may be open to foreign commerce, shall not pay higher duties than they now pay, or than henceforth may pay similar articles imported in similar manner by subjects of the most favoured nation. It is also agreed to declare, that with the exception of Portugal, no other nation shall be more favoured in matters of commerce than Great Britain.

24. Certain articles of the produce of Brazil, not being admitted for consumption in Great Britain, his Britannic Majesty stipulates that such articles may be warehoused for re-exportation, conformably to the law, without being subject to greater duties than are, or henceforth may be, imposed upon similar articles of the produce of the British colonies.

Following the same rule, articles the produce of British colonies which are identical with articles of Brazilian produce which are not admitted for consumption in the British custom-houses, shall be admitted into Brazil solely for reexportation, under the same advantages as are conceded to the like articles in the British customhouses.

25. All goods and merchandise exported from the British dominions, or any of the ports of his Imperial Majesty, shall be accom❤ panied by the original cockets, signed by the proper custom-house officers in the port of embarkation; the cockets of each ship being progressively numbered and attached by the official seal of the British custom-house to the manifest, which must be sworn before the Brazilian consul, in order that the whole may be so presented to the customhouse of the port of entry. The origin of goods imported into Brazil from British dominions in which there is no custom-house, shall be authenticated by the formalities observed when goods are imported from such possessions into Great Britain.

26. His Britannic majesty binds himself in his own name, and in the name of his successors, to allow the subjects of his Imperial Majesty to trade in his ports and seas of Asia, to the extent in which the same permission is, or may be, granted to the most favoured nation. His Imperial Majesty, however, reserves to himself the power of imposing heavy duties on articles of produce or manufacture of British India, whether imported on account of Brazilian or British subjects, when such articles are not shipped on board of Brazilian vessels.

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