TREATY WITH BRAZIL. 1828. 393 ARTICLE XIII. lt is likewise agreed, that the most perfect and entire security of con- Sccumy of science Shall be €¤j0_*/0d by ihv citizens Or Subjects of both the contract- conscience, &.c. ing parties in the countries subject to the jurisdiction of the one and the other, without their being liable to be disturbed or molested on account of their religious belief, so long as they respect the laws and established usages of the country. Moreover the bodies of the citizens and subjects of one of the contracting parties who may die in the territories of the other, shall be buried in the usual burying grounds, or in other decent or suitable places, and shall be protected from violation or disturbance. ARTICLE XIV. It shall be lawful for the citizens and subjects of the United States Fm n,;,,,,, of America, and of the Empire of Brazil, to sail with their ships, with make free all manner of liberty and security, no distinction being made who are g°°d’· the proprietors of the merchandize laden thereon, from any port to the places of those who now are, or who hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens and subjects aforesaid, to sail with the ships and merchandizes before mentioned, and to trade with the same liberty and security, from the -places, ports, and havens, of those who are enemies of either party, without any opposition, or disturbance whatsoever, not only directly from the places of the enemy before mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power, or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed to be free, and exempt, which shall be found on board the ships belonging to the citizens or subjects of either of the contracting parties, although the C,,,,,,.,,,,,,,,,, whole lading, or any part thereof, should appertain to the enemies of goods excepted either, contraband goods being always excepted. It is also agreed in like manner, that the same liberty be extended to persons who are on _ board a free ship, with this effect, that although they be enemies to both mI;’:°,§h‘P” *° or either party, they are not to be taken out of that free ship, unless ,,0,,; gg8E5I` they are officers or soldiers, and in the actual service of the enemies: &¤. Provided, however, and it is hereby agreed, that the stipulations in this prey3m, article contained, declaring that the flag shall cover the property, shall be understood as applying to those Powers only, who recognize this principle; but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not of others. ARTICLE XV. It is likewise agreed, that in the case where the neutral flag of one (2,,,,],,;,,,,,,,0,, of the contracting parties, shall protect the property of the enemies of of the principle. the other, by virtue of the above stipulation, it shall always be understood, that the neutral property found on board such enemy’s vessels, shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof On the contrary, if the Hag of the neutral does not protect the enemy’s property, in that case the goods and merchandize of the neutral, embarked in such enemy’s ship, shall be free. VOL. vm. 50
Page:United States Statutes at Large Volume 8.djvu/405
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