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packets shall not be permitted to come, to enter into the same, to anchor, and to remain there and refit; subject always to the laws and statutes of the two countries respectively.
The same Article was inserted in the Treaties with the following countries:--with Peru-Bolivia, the 5th June, 1837. Bolivia, the 29th September, 1840. Uruguay, the 26th August, 1842. Costa Rica, the 27th November, 1849. Peru, the 10th April, 1850. Chile, the 4th October, 1854. Nicaragua, the 11th February, 1860; and with Salvador, the 24th October, 1862.
The Treaty between Great Britain and Portugal, for regulating the packet-service between England and Brazil, of the 14th September, 1808, contained the following clause:—
"V. The packets are to be considered as merchant-vessels, except with respect to commerce, which for the present is not to be allowed to them. They are, consequently, to be subject to the visits of the officers and guards of the Customs at Rio de Janeiro; but they are not to be obliged to make entry at the Custom-house, nor follow the other forms practised by merchant-vessels."
The Convention with Portugal, for the arrangement of the packet-service between Great Britain, Portugal, and Brazil, of the 19th February, 1810, also contained a similar clause, which ran thus:-
"V. The packets are to be considered and treated as merchant-vessels. They are, consequently, to be subject to the visits of the officers and guards of the Customs at Rio de Janeiro, or at any other port of the Dominions of Portugal between which and the British Dominions packets may be established. But they are not to be obliged to make entry at the Custom-house, nor follow the other forms practised by merchant-vessels."
But on the conclusion of the Treaty of Commerce, with Costa Rica, Peru, Chile, Nicaragua, Salvador.
Hertslet's Treaties, vol. v, p. 583.
Ibid., vol. vi, p. 90.
Ibid., vol. vi, p. 926.
Ibid., vol. vii, p. 133.
Ibid., vol. ix., p. 621.
Ibid., vol. xi, p. 451.
Ibid., vol. ix, p. 948.
Ibid., vol. xi, p. 885. Ibid., vol. vii, p. 901.
Treaty with Portugal (Brazil).
Treaty with Portugal (Brazil).
Ibid., vol. v, p. 406.
Treaty with Brazil &c., with Brasil on the 17th August, 1827, a clause [Ibid., vol. iv, p. 38.
Treaty with Brazil.
Hertslet's Treaties, vol. xii, p. 242.
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was inserted stating that the packets should be treated as King's ships. It ran thus :-
"XVI. Packets shall continue to be employed, for the purpose of facilitating the public service of the two Courts, and the commercial intercourse of their respective subjects. They shall be considered as King's ships, it being understood that they are to be commanded by officers of the Royal Navy. This Article shall continue in force until a special Convention shall be concluded between the Powers for regulating specially the packet-service."
No further arrangement upon the subject, however, was entered into between the two countries until the 14th October, 1850, when the following stipulations were agreed upon:-
"1. The steam-packets employed in the conveyance of the mails between Great Britain and Brasil are to enjoy the following exemptions and privileges for the space of ten years, counted from the arrival of the first packet in the first port of Brazil.
a
They shall be exempted from the duties of anchorage, and from any other duty which may be hereafter established; but in this exemption the duties actually established in favour of the houses of charity (Misericordia Hospital) are not comprehended.
2. They shall be exempted from giving entry at the Custom-houses in the ports of Brazil at which they may touch in order to deliver the mails and land or receive passengers, provided they carry no cargo to those ports, it being the duty of the 'Guarda Mor' (visiting officer), when he makes his visit, to permit the disembarkation of the passengers' baggage, and to declare the vessel cleared.
3. In the ports to which they carry cargo they shall be admitted to discharge immediately according to their manifest, and to take on board the fresh cargo which they may have to receive, without being subject to take their turn ('exala'), having the preference over all other ships in this respect, and in everything else which is not opposed to the fiscal laws of Brazil.
4. When they have discharged they shall be visited, with the remainder of their stores (sobrecel-
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