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THE

AMERICAN DIPLOMATIC CODE,

EMBRACING A COLLECTION OF

TREATIES AND CONVENTIONS

BETWEEN THE UNITED STATES AND FOREIGN POWERS:

FROM 1778 to 1834.

WITHIAS

ABSTRACT OF IMPORTANT JUDICIAL DECISIONS

OX POINTS CONSECTED WITH

Our Foreign Relations.

ALSO,

A CONCISE DIPLOMATIC MANUAL,

CONTAISING A BUÝM 5:0 TOP
LAW OF NATIONS,

FROM THE VOLKS OF
Wicquefort,

Mar 018,

* Kent,
Vattel,

Ward,

Story, &c. &c.

AND OTHER

DIPLOMATIC WRITINGS ON QUESTIONS OF INTERNATIONAL LAW.

USEFUL FOR

PUBLIC MINISTERS AND CONSULS,
AYD FOR ALL OTHERS HAVING OFFICIAL OR COMMENCIAL INTERCOUNSE WITI FOREIGN NATIONS.

BY JONATHAN ELLIOT.

“ It would be exceedingly to the discredit of any person, who should be called to take a
" share in the councils of the nation, if he shoulıl be found deficient in the great leading
“ principles of International Law.”—Kent's Commentaries on American Law.

IN TWO VOLUMES. VOLUME THE SECOND.

WITH NOTES AND INDEXES.

JUashington:
PRINTED BY JONATHAN ELLIOT, JUNIOR,

OX TUE PEXXSYLVANIA AVENUB.

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Entered according xo 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.

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AMERICAN 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. 1. Firm and inviolable peace, &c. 66
Art. 2. Favors of commerce to be common to both parties

66
3. Mutaal benefits in trade and residence to be equally enjoyed.

may carry its own produce to the republic of the other-equalization of duties
establisher!, and to be the basis of all trade .

67
3. 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, &c. to manage their own business; to be treated as citizens of the
most favored nation. 7. Citizens of neither of the contracting parties shall be
liable to any embargo, &c. 8. Whenever the citizens of either party seek re-

foge, in the dominions, &c. of the other, they are to be treated as friends, &c. 68
9. All ships, &c. belonging to the citizens af either party captured by pirates, and
found within the dominions of eithers to be delivered up to the owners.

69
10. Assistance and protection to be rendered ja case of vrecks, &c. within the domin-

ions of each other. 11. Citizens of each party.shal bave power to dispose of their
goods and effects within the jurisdiction of the other by sale, testament, or otherwise.
Alien heirs allowed 3 years to dispose of their property. 12. Complete prolec-

lection in persons and property in thie territories of both nations, legal redress, etc. 69
13. Liberty of conscience and rites of burial secured. 14. Both parties at liberty to

trade with those at enmity with either, ete. Free ships 10 mik free goods. All
persons on board, except those in the actual service of an enemy to be free.

70
Flag covering the property to be applied to those powers, only, who acknowledge
the principle. 15. Enemy's property, to be protected by a neatral fag, must be
shipped two months before declaration of 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 be-
fore blickade, may quit unmolested. etc...

72
20. During a visit at sea, armed vessels to remain out of reach of cannon shot,-Neutrals

not to go on board th.: examining vessel. 21. In case of war', sea-letters, certificates
of earzo, etc. to be furnished, expressing to whom the property belongs,

73
92. Visiting regulations to apply only vessels without convoy,
23. Established courts only to try prize causes--Motives of condemnation to be stated, 74
21. The neutral party not to accept a commission to cruise against the other,

74
25. In case of war, six monthis 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
M. Commissions to be exhibited before esequatur is obtained,

75
30. 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 10:—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 is refused,
Athly. Other treaties not to be contravened by this—Ratifications within 8 months, 77

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CENTRAL AMERICA.

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General Convention, of Peace, Amity, Commerce, and Navigation, between the

United States of America, and the Federation of the Centre of America.
Negotiated at Washington, on the 5th of December, 1825. Signed on the
part of the United States, by Henry Clay, and on the part of Central America,
by Antonio José Cañas,

41
Art. 1. Firm and inviolable peace, etc. 2. Favors in commerce to be common to both

parties. 3. Mutual benefits in trade and residence to be equally enjoyed 43
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 travie,

43
5. Importations and exportations to be on a reciprocal footing. No partial prohibitions

to be established. 6. Merchants, commanders of ships, and other ciizens of

both countries, &c. 10 manage ther own business; to be treated as citizens, etc. 45
7. Citizens of neither of the contracting parties shall be liable to any embargo, &c.
8. Whenever the citizens of either party seek refuge in the dominions, etc of the
other, they are to be treated with humanily', &c.,

47
9. All ships, ctc. Lelonging to the citizens of either party, captured by pirates, and

found within the dominions of either, to be delivered up to the owners
10. Assistance and protection to be i endered in case of wrecks, etc. within the dominions

of each other. :: 31; Ciązeus of eaclr, paily sball have power to dispose of their

goods and effects withir dhe jurischiction ofalje other, by sale, testament, or otherwise 47
12. Complete protection in persons and property in the territories of both nations, &c. 49
13. Liberiy of conscience and res el buriaksecured. 14. Both parties at liberty to
trade with those ar enmity wiili evher; &c.

49
Free ships to make liee goods. Als persons on board, except those in the actual
service of an enemy io be free.'•' Fhg covering the property to be applied to
chose powers, only, who acknowledge the principle. 15. Enemy's proper y to
be protected by a neutral flag, must be shipped two months before declaration of

16. Contraband specified .
17. Goods not contraband. Desin. of blockade. 18. Contraband only liable to confis'n
19. In cases of blockade, vessels to be notified but not detained, &c. Vessels entering

before blockade, may quit unmolested, &c. 20. During a visit at sea, armed
vessels to remain out of reach of cannon shot. Neutrals not to go on board the
esamining vessel. 21. In case of war, sea letters, certificates of cargo, &c.

to be furnished, expressing to whoin the property belongs.
22. Visiting regulation to apply only to vessels without convoy. 23. Established

courts only to try prize causes. Motives of condemnation to be stated. 21. The
neutral party not to accept a commission to cruise against the other. 25. In
case of war, six months allowed to those on the coast, and twelve for those in the

interior to remove effects, &c.
26. And no sequestation of money in bank or public funds. 27. Oficial intercourse
in relation to public ministers, &c. 10 be on a reciprocal footing.

Each
party permitted to have consuls in each others' ports. 29. Commissions to be
exhibited before exequatur is obtained.
Consuls exempt from public service—their Archives inviolate. 31. Consuls
may call in the public authorities to aid in securing deserters, who are not to be de-

war, &c.

51

53

55

57

28.

59

tained more than two months in prison. 32. Consular convention to be formed. 61
13. The following points agreed to: 1st. Treaty to remain in force twelve years.

Peace perpetual. 2nd. Citizens responsible for infringing this article. 3rd.
War not to be declared, until remonstrance is made, and satisfaction is refused. 63
4th. Other treaties not to be contravencd by this. Ratification within eight months 63

30.

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