The Sun.
London, England, 1856-10-02 00:00:00

No. 11.

TREATY OP AMITY, COMMERCE, AND NAVIGATION, CON-
CLIIDED BETWEEN BRAZIL AND THM REPUBLIC OF
PARAGUAY, DATED 6TH APRIL, 1856.
Art. 1. There shall be perfect, firm, and sincere peace
between his Majesty the Emperor of Brazil and his succes-
sors and subjects and the Republic of Paraguay and its
citizens in all their respective possessions and territories.
The high contracting parties will see that this friendship
and good intelligence be maintained constantly and per-
petually.
Art. 2. Brazil concedes to the merchant ships of the
Republic of Paraguay the free navigation of the rivers
Parana and Paraguay in those parts on which it borders,
and the Republic of Paraguay concedes in the same terms
to Brazil the right of free navigation in that part of the
river on which she borders ; so that the navigation of the
said rivers in that part in which each of the two nations
is riparian, shall thus be common to both.
Art. 3. The subjects and citizens of the high contracting
parties may enter and leave in all freedom and security
with their ships and cargoes, all the ports and places le-
gally opened to foreign trade on the territories of either of
the high contracting parties ; may remain and reside in
whatever part of the said territories they please, hire houses
and magazines, trade in all sorts of prodnets, manufactures
and merchandise of legitimate eichange, subject to the
laws, uses, and customs established in the country. With
regard to the police of the ports, loa log and discharging
of ships, storing and insurance of merchandise, they shall
enjoy the same rights, franchises, and privileges as are ex-
tended to the nationals of each country.
Art. 4. Be it understood, however, that there is not emu-
prised in the previous dispositions the navigation of the in•
ternal rivers falling into the Parana or the Paraguay,
which on both their banks belong to either of the two na-
tions, each of the two high contracting parties reserving to
itself the full and entire right of excepting that navigation
and insuring it to the national flag. Arealso excepted the
carrying for trade purposes from port to port of the same

nation, of goods of the country or foreign already cleared
by the custorndrouses for consumption ; the said commerce
never to be carried on except in national bottams, it being,
however, considered free to the citizens and subjects of both
the high contracting parties, to load their merchandise in
the said bottoms, paying both the same duties.
Art. 5. Neither of thehigh contracting parties shall levy
transit nor any other duties under any name whatever, on
the vessels of the other, navigating the rivers Parana and
Paraguay, bound from one of the porta of the nation to
which they belong to another port of the said nation, or
from a port of its own to one belonging to a third nation,
and vice versa.

Art. 6. Be it understood that each of the two high con-
tr acting parties shall reserve to itself the right of adopting,
by means of fiscal and police regulations, such measures as
may secure it from contraband, and provide for its safety,
both binding themselves to support, as the basis of such
regulations, those most favourable for the best and most
ample development of the navigation in favour of which
they have been established.

Art. 7. The vessels of each of the two high contracting
parties, when bound from one of their own ports to another,
or from one of their own to a third or foreign harbour,
shall bo entitled to touch with cargo at any port belonging
to the other contracting party, to stay there, discharge
and sell all or part of their lading, receive a new cargo, or
proceed with the remainder of their first one to the origi-
nal port of discharge, without paying for merchandise dis-
charged other or higher duties than those imposed on mer-
chandise introduced or exported directly by the most fa-
voured nation.

Art. 8. In the ports of the Republic of Paraguay, where
Brazilian ships proceed to trade, no higher duties shall be
forc©d upon them for tonnage, anchorage, pilotage, or sal-
vage in case of loss or wreck, than are or will be for the
future imposed on ships of Paraguay ; and so reciprocally
in the Forts of Brazil, Paraguayan ships shall not ile obliged
to pay higher charges under the same head than are paid
or will have to be paid by Brazilian bottoms.

Art. 9. The Brazilians in Paraguay, and the Paraguay-
ans in Brazil, shall have entire liberty to manage their
own affairs, doing so themselves or through their agents or
clerks, as they think moat fit.

Art. 10. The subjects and citizens of each of the high
contracting parties shall enjoy in the territories of the
other complete and perfect protection for their persons and
property- Tb T shall have free and easy access to the
law courts to claim and defend their rights, and they shall
ho able to dispose of their property by sale, exchange,
gift, will, or any other method, without any obstacle or
impediment whatever, enjoying in this respect the same
rights and privileges as their own subjects or citizens have
or aro to enjoy in the country to which they belong.
They shall be free from all forced military service
of whatever kind it may be, and all forced loans, imposts,
or military requisitions. In case of deaths intestate the
respective consul-general, consul, and vice-consul shall
have the right of administering to the property left by the
deceased, for the benefit of the lawful heirs and the cre-
ditors, in so far as the laws of the country in which the
death took place will permit.
Art. 11. The two high contracting parties, desirous of
placing the intercourse of friendship, commerce, and navi-
gation of their respective countries on a basis of perfect
equality and kindly reciprocity, mutually agree that the
diplomatic and consular agents, the subjects and citizens
of each of them, their ships, and the natural and manufac-
tured products of the two countries, shall reciprocally enjoy
the same rights, franchises, and immunities, as are already
granted, or may iu future be extended, to the most fa-
voured nations—gratuitously, if other nations receive gra-
tuitous concession, with equivalent compensation, if the
concession be conditional.

Art. 12. For the better understanding of the preceding
article, the two high contracting parties agree to consider
as Brazilian, or Paragn.yan, ship, all snob as are owned,
manned, and navigated, according to the laws of their
respective countries.

Art. 13. If one of the high contracting parties engages
in a war with a third Power, the citizens and subjects of
the other remaining neutral shall be able to continue their
trade and navigation with that state, except in ports or
places blockaded or besieged by sea or land; but in no case
shall be permitted the trading in articles reputed as con-
traband of war.

Ait. 14. In order that no doubt may be entertained as
to what is or is not contraband of war, shall be considered
such the following articles (same as in preceding treaty).
Art. 15. When the state of war exists between either of
the high contracting parties and a third Power, no citizen of
the other high contracting party shall take commissions, or
letters of marque, for the purpose of aiding or co-operating
in a hostile manner with the enemy, under penalty of being
treated ass pirate.

Art. 16. Neither of the high contracting parties shall
admit into its ports pirates or robbers of the sea, but deter-
mine and bind itself to pursue the same by all the means in
its power, and with all the rigour of the laws ; also to fol-
low up the accomplices of the said crime, and all such as
shall secrete goods obtained by them ; give up the ships
and cargoes to their proper owners, subjects or citizens of
whichever state of the high contracting parties they may
be, or their representatives, or, in default of these, their
respective consular agents.
Art. 17. In case of any quarrel, breach of friendship, or
dispute between the two high contracting parties (which
may God prevent !), the subjects or citizens of each of the
said high contracting parties, residing in the territories of
the other, shall be able to pursue their business, and to con-
tinue in the exercise of their trade or occupation, and enjoy
their liberty and property, in so far as they conduct them-
selves peaceably and do not commit any offence against the
whether
yn
sequestration,dnlivard be,u a s '
nor
or the
isl
state,
she
sTrthoa elwli run gokoteoebdpes ,
Ds ougfbowjrehe at tteo v
eemr entrusted kb ianr dg
totoho
rei
to any charges or exactions other than are imposed on si-
milar property belonging to national subjects or citizens.
In case, however, of their conduct loading to motives of
suspicion, it shall be legal to expel them from. the country,
sufficient time being previously afforded for the arrange-
ment of affairs, and the faculty to take with them their
goods and property, and to dispose of them by legal means.
In addition to this, safe conduct shall be delivered to them,
in order that safe embarkation may be insured at any port
which they may choose so to do.
Art. 18. The two high contracting parties agree to re-
gulate the passage of their ships of war in the waters of
the Parana and Paraguay, belonging to them, on the fol-
lowing terms :—His Excellency the President of Para-
guay, censiciering that Brazil is a riverine state,
concedes that, without previous advice or consent,
two ships of war of Brazil, whether sailing or under steam,
shall be entitled to ascend or descend, together or singly,
whenever it shall please the Imperial Government, the
streams of the Parana and Paraguay in the parts belong-
ing to the Republic; and to enter into all her ports open
to foreign flags; with this proviso, however, that none of
the said ships shall be of more than 600 tons, or carry a
heavier armament than 8 guns. And his Majesty the Em-
'ieror of Brazil, on the other hand, concedes, under the
same conditions, that two Paraguayan ships of war may
enter the ports of Brazil open to foreign flags in the rivers
Paraguay and Parana, Be it nuderstood, however, first,