Изображения страниц
PDF
EPUB

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.

[ocr errors]

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 prineiple 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 alf 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 merchantmen, 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 valua→ 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 merchandise 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 appear 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 Bra*zil 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 accompanied 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.

27. All goods or merchandise of the produce or manufacture of the British dominions, which may be brought to the ports of Brazil to be landed or re-exported, shall pay the duties which are at present established. In all cases in which bounties or drawbacks are granted on merchandise exported from any of the ports of the high contracting parties, the bounties and drawbacks shall in all respects be equal, whether the re-exportation be effected in Brazilian or British ships.

28. His Imperial Majesty stipulates in his own name, and in the name of his successors, that the trade of British subjects within his dominions shall never be restricted nor affected by the operation of any monopoly or exclusive privilege of sale or purchase whatever, nor by favours conceded to any commercial company; but, on the contrary, that the subjects of his Britannic Majesty shall have free and unrestrained permission to buy and sell from and to all persons whatever, and in whatever form and manner they may please, without being obliged to give preference to any commercial companies, or individuals who possess, or may possess, exclusive privileges.

And his Britannic Majesty sti

pulates on his part faithfully to observe the same principle.

Articles which are or may be made property of the crown as · national revenue, are not comprehended under this rule, inasmuch as they are not allowed to enter into general commerce.

29. His Imperial Majesty is pleased to grant to the subjects of his Britannic Majesty the privilege of being assignees of the Brazilian

customs under the same conditions and securities as Brazilian subjects. On the other part it is agreed and stipulated that Brazilian subjects shall enjoy in the British customhouses the same favour, in as far as is allowed by the law, and permitted to the subjects of his Britannic Majesty.

30. The high contracting parties agree that the stipulations contained in the present treaty shall be perpetual, with the exception of articles 14, 15, 22, 23, 26, and 28, which shall remain in force for the period of ten years, reckoning from the ratification of the same treaty.

31. Stipulates that the ratifications shall be exchanged in London within the space of 14 months, or sooner if possible.

Done in the city of Rio de Janeiro, October 18, 1825.

TREATY of AMITY, COMMERCE and NAVIGATION, between his MAJESTY and the STATE of COLOMBIA, together with an Additional Article thereunto annexed, signed at BOGOTA, April 18, 1825.

In the name of the Most Holy Trinity.

Extensive commercial intercourse having been established for a series of years between the dominions of his Britannic majesty, and the several provinces or countries of

America, which (now united) constitute the State of Colombia, it seems good for the security as well as encouragement of such commercial intercourse, and for the maintenance of good understanding between his said Britannic majesty

and the said State, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a Treaty of Amity, Commerce, and Navigation. For this purpose they have named their respective plenipotentiaries, that is to sayHis Majesty the King of the United Kingdom of Great Britain and Ireland, John Potter Hamilton, esq. and Patrick Campbell, esq.; and the Vice-president charged with the executive power of the State of Colombia, Pedro Gual, Secretary of state in the department for Foreign Affairs, and general Pedro Briceno Mendezwho, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles:

Art. 1.-There shall be perpetual, firm, and sincere amity between the dominions and subjects of his majesty the king of the United Kingdom of Great Britain and Ireland, his heirs, and successors, and the State and people of Colombia.

Art. 2. There shall be, between all the territories of his Britannic majesty in Europe, and the territories of Colombia, a reciprocal freedom of commerce. The subjects and citizens of the two countries, respectively, shall have liberty freely and securely, to come with their ships and cargoes, to all such places, ports, and rivers, in the territories aforesaid, to which other foreigners, are or may be permitted to come, to enter into the same, and to remain and reside in any part of the said territories, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and VOL. LXVII.

traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce; subject always to the laws and statutes of the two countries respectively.

Art. 3. His majesty the king of the United Kingdom of Great Britain and Ireland engages further, that the citizens of Colombia shall have the like liberty of commerce and navigation stipulated for in the preceding article, in all his dominions situated out of Europe, to the full extent in which the same is permitted at present, or shall be permitted hereafter, to any other nation.

Art. 4.-No higher or other duties shall be imposed on the importation into the territories of his Britannic majesty, of any articles of the growth, produce, or manufacture of Colombia-and no higher or other duties shall be imposed on the importation into the territories of Colombia, of any articles of the growth, produce, or manufacture of his Britannic majesty's dominions, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories or dominions of either of the contracting parties, on the exportation of any articles to the territories or dominions of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation, or importation of any articles, the growth, produce or manufacture of his Britannic majesty's dominions, or of the said territories of Colombia, to or from the said dominions of his Britannic F*

« ПредыдущаяПродолжить »