Page images
PDF
EPUB

have a fixed value in the Brazilian Art. X.-Should either of the

tariff, the entry at the customhouse shall be made on a declaration of their value signed by the party who shall have imported them; but in the event of the officers of the customs charged with the collection of the duties suspecting the valuation to be faulty, they shall be at liberty to take the goods thus valued on paying ten per cent. above the said valuation; and this within the period of fifteen days from the first day of the detention, and on repaying the duties received there.

on.

Art. VIII.—The commerce and navigation between Brazil and the Hanseatic ports shall enjoy in each country, without waiting for any additional convention, all the privi. leges and advantages which are or may be granted to any of the most favoured nations, provided always they fulfil the conditions of reciprocity. It is understood that the privileges which have been, or which may be, granted to the Portuguese nation, shall not be construed into a precedent, nor shall the effects of the present convention extend to Portugal, unless there should be particular treaties for that purpose.

Art. IX.-The consuls of the respective governments shall be treated, as well in respect to their persons as to the exercise of their functions, on the same footing as those of the most favoured nations. They shall especially enjoy the right of making representations, as well general as particular, upon the valuations made by the customs, which shall be taken into consideration with as le delay as possible, without detaining the consignments.

contracting parties be engaged in war, whilst the other is neuter, it is agreed, that whatever the belligerent party may have stipulated with other powers to the advantage of the neutral flag, shall still be in force between Brazil and the Hanseatic towns. In order to prevent all mistakes relating to what is considered contraband of war, it is agreed (without however departing from the general principle above detailed) to restrict this definition to the following articles:-Cannons, mortars, guns, pistols, gre. nades, fusees, gun-carriages, belts, powder, saltpetre, helmets, balls, pikes, swords, halberds, saddles, harness, and all other instruments whatever manufactured for the uses of war.

Art. XI.-The citizens and subjects of the respective countries shall enjoy in the other country, in respect to their persons, their proper. ty, the exercise of their religion, and the employment of their i dustry, all the rights and priv leges which are or shall be hereafter granted to the most favoured nations.

Some foreigners enjoying in Brazil the privilege of having accounts open at the custom-houses for payment of duties, on the same condition and sureties as the Brazilian subjects, this favour shall extend equally to the Hanseatic residents.

Art. XII.-The high contracting parties reserve to themselves the right of entering into any additional stipulations, which the reciprocal interest of trade may require, and any articles which may be hereafter agreed on shall be con. sidered as making a part of the pre

sent convention.

Art. XIII.-Although the present convention be considered as common to the three free Hanseatic cities of Lubeck, Bremen, and Hamburgh, it is agreed, nevertheless, that a league of reciprocal responsibility does not exist between their sovereign governments, and that the stipulations of the present convention shall remain in full force with regard to the rest of these republics, notwithstanding a termination on the part of one or more of them.

Art. XIV. The present convention shall be ratified, and the ratifications shall be exchanged in London within the space of four months, or sooner if possible. It shall be in full force during ten years, dating from the day of the exchange of the ratifications: and beyond that term, until the senates of the Hanseatic cities, whether separately or collectively, or his majesty the Emperor of the Brazils, shall have announced the intention of terminating such convention, as likewise during the negotiation for a renewal or modification of it.

In witness whereof, the undersigned, plenipotentiaries of the Senates of the Hanseatic republics of Lubeck, Bremen, and Ham. burgh, and of his majesty the emperor of Brazil, in virtue of their respective full powers, have affixed the seal of their arms.

Done at Rio de Janeiro, this 17th day of November, in the year of our Lord 1827.

(L. s.) GILDEMEISTER. (L. s.) C. SIEVEKING. (L. s.) Marquez de QUELUZ. (L. s.) Conde de LAGES.

Treaty of Commere and Navigation, between his most Christian Majesty, and the Emperor of Brazil, relative to indemnity to the subjects of France, for the value of French vessels and their cargoes, seized by the Brazilian squadron in the river La Plata, and definitively co demned by the tribunals of Brazil.

Art. 1. The government of Bra zil engages to pay to the French government, as an indemnity for the losses done to its subjects, the value of the hulls, rigging, and cargoes of the French vessels le Courrier, le Jules, and le San Salvador, which have been captured by the squadron in the river La Plata, and definitively condemned by the tribunals of Brazil.

Art. 2. These indemnities shall be arranged upon the basis; as to the vessels, the value of their hulls and rigging to be taken from the policies of insurance, where no suspicion of fraud is raised against the valuation; to which shall be added, the amount of freight, and the extraordinary expenses for the pay and maintenance of the crew, and for all the expenses occasioned by the detention of the vessel; and as to the cargoes, the value shall be regulated by the manifests and invoices, and after the current prices in the port of Rio Janeiro, at the time of cap. ture. The policies of insurance, invoices, vouchers of expenses, and all the other documents, shall be presented and proved in legal form.

Art. 3. To the value of indemnity which shall be liquidated for each vessel, shall be added by way of damages and interest, six per

cent. per annum, to commence one month after the capture, unto the period hereafter fixed for the payment; and to the total amount of the indemnities, when ascertained, for the cargoes, freight, expenses and extraordinary charges, shall be added by way of damages and interest, five per cent. per annum, to commence six months after the capture, until the periods aforesaid.

Art. 4. The indemnities shall be ascertained and settled by a commission, composed of four members, two commissioners of liquidation, and two arbitrators, one of the latter, who shall be designated by lot, to be called in, only in case of disagreement of the commissioners. One commissioner and an arbitrator, shall be named by the Brazilian government, and the others, by the representative of his most Christian Majesty at the court of Brazil.

The commissioners shall receive from the claimants, the accounts and documents above mentioned, and all other proofs which may be presented in support of their claims, and although the claimants may have the power to produce all corroborative proofs, which they may think proper, until the close of the commission, it is nevertheless expressly agreed, that no claim shall be examined, or taken into consideration, if it be not presented within sixty days immediately following the opening of the commission.

Art. 5. The commission shall commence its sittings within one month after the signature of this convention, and its functions shall be definitively terminated, on the 28th of February, 1829.

Art. 6. The appraisement shall

be made in the currency of Brazil, taking into account the difference of exchange, at the time of capture, and at the period of pay ment; and the amounts which shall be ascertained, shall be paid in equal payments, at Rio Janeiro, the first in twelve months; the second in eighteen months; and the third in twenty-four months after the termination of the duties of the commission. The schedules of payments shall be deposited with the French legation at the court of Brazil, and shall comprehend the articles, stipulated by article third. Each schedule shall contain the names of those interested, and shall indicate the persons who shall pay the amount, on account of the Brazilian government, as well as the place of payment.

Art. 7. This convention shall be ratified, and the ratifications exchanged in the city of Rio Janeiro, within six months, or sooner if pos sible.

Done in the city of Rio Janeiro the 31st day of August, 1828. [L. S.] LE MARQUIS DE GABRIAL, [L. s.] MARQUIS DE ARACATY. [L. s.] JOSE CLEMENTE Pereira,

PRELIMINARY TREATY OF PEACE

Between the Republic of the United Provinces of the river Plate, and the Emperor of Brazil. In the name of the most holy and undivided Trinity:

The government of the republic of the United Provinces of the river Plate, and his majesty the Emperor of Brazil, desiring to put an end to the war, and establish upon solid and durable principles the good understanding, harmony, and friendship, which should exist between the neighbouring nations, called by their interests to live

united by the ties of perpetual al liance, have agreed, through the mediation of his Britannic majesty, to adjust between themselves, a preliminary treaty of peace, which shall serve as a basis to the defini. tive treaty of the same, which is to be celebrated between the high contracting parties. And for this purpose they appointed their plenipotentiaries, to wit:

The government of the Republic of the United Provinces, Generals Don Juan Ramon Balcarce, and Don Tomas Guido :

His majesty the Emperor, the most illustrious and most excellent Marquis of Aracaty, Member of his Majesty's Council, Gentleman of the Imperial Bed-Chamber, Counsellor of Finance, Commander of the Order of Aviz, Senator of the Empire, Minister Secretary of State in the Department of Foreign Affairs; Dr. Don Jose Clemente Pereira, Member of his Majesty's Council, Chief Judge of the House of Supplication, Dignitary of the Imperial Order of the Crossbearer, Knight of that of Christ, Minister Secretary of State in the Home Department, and ad interim of Justice; and Don Joaquin Oliveira Alvarez, Member of his Majesty's Council and that of War, Lieutenant General of the National and Imperial Armies, Officer of the Imperial Order of the Crossbearer, Minister Secretary of State in the Department of War;

Who, having exchanged their respective full powers, which were found to be in good and due form, agreed upon the following articles :

Art. 1. His Majesty the Empe. ror of Brazil declares the Province of Monte Video, at present called the Cisplatine, separated from the

territory of Brazil, in order that it may constitute itself into a state free and independent of any nation whatever, under the form of government which it may deem most suitable to its interests, wants, and

resources.

Art. 2. The government of the Republic of the United Provinces concurs in declaring, on its part, the independence of the province of Monte Video, at present called the Cisplatine, and its being constituted into a free and independent state, in the form declared in the foregoing article.

Art. 3. Both high contracting parties oblige themselves to defend the independence and integrity of the province of Monte Video, for the time and in the manner that may be agreed upon in the definitive treaty of peace.

Art. 4. The existing government of the Banda Oriental, immediately upon the ratification of the present convention, shall convoke the representatives of that part of the said province which is at present subject to it; and the existing government of Monte Video shall make simultaneously a like convocation of the citizens residing within the city, regulating the number of deputies by that of the inhabitants of the province, and using the form adopted in the election of representatives in the last legislature.

Art. 5. The election of deputies for the city of Monte Video shall take place indispensably extramuros without the reach of the artillery of the city, and in absence of armed force.

Art. 6. The representatives of the province being assembled at a distance of at least ten leagues from the city of Monte Video, and

any other place occupied by troops, shall establish a provisional government, which shall rule the whole province until the installa. tion of the permanent government, to be created as the constitution shall direct. The existing governments of Monte Video and the Banda Oriental shall cease imme. diately after the installation of the provisional one.

Art. 7. The same representatives shall betake themselves afterwards to the formation of the political constitution of the province of Monte Video; and the constitution, previously to being sworn to, shall be examined by commissioners from the two contracting go. vernments, for the sole object of seeing that it does not contain any article or articles opposed to the security of their respective states. Should this be the case, it shall be publicly and categorically set forth by the said commissioners; but should there be a want of common accord in these, it shall be decided by the two contracting govern

ments.

Art. 8. Any inhabitant of the province of Monte Video shall be at liberty to leave the territory thereof, taking with him his chattels, without prejudice to a third person, until the constitution be sworn to, if he do not wish to adhere to it, or if it so suit him.

Art. 9. There shall be perpetual and absolute oblivion of all political acts and opinions whatever done or professed previously to the ratification of the present conven. tion, by the inhabitants of the province of Monte Video, and of the territory of the Emperor of Brazil which has been occupied by the troops of the republic of the United Provinces.

Art. 10. It being a duty of the two contracting governments to assist and protect the province of Monte Video, until it be completely constituted, the said governments agree that, if previously to the constitution being sworn to, and during five years afterwards, its tranquil. lity and security should be disturb. ed by civil war, they shall lend the necessary aid to maintain and support the lawful government. After the expiration of the above term, all protection which is by this article promised to the lawful government of the province of Monte Video shall cease: and the said province shall be considered in a state of perfect and absolute independence.

Art. 11. Both the high contract. ing parties declare most explicitly and categorically, that whatever may happen to be the use of the protection which in conformity to the foregoing article, is promised to the province of Monte Video, it shall in all cases be limited to the restoration of order, and shall cease immediately that the object is attained.

Art. 12. The troops of the province of Monte Video and those of the Republic of the United Provinces, shall evacuate the Brazilian territory in the precise term of two months from the date of the exchange of the ratifications of the present convention, the latter passing to the left bank of the river Plate or the Uraguay, with the exception of a force of 1500 men, or more, which the government of the aforesaid republic, if it deem fit, may maintain in any part of the territory of the province of Monte Video, until the troops of his majesty the Emperor of Brazil com

« ՆախորդըՇարունակել »