« SebelumnyaLanjutkan »
have a fixed value in the Brazilian Art. X.-Should either of the tariff, the entry at the custom contracting partios be engaged in house shall be made on a declara. war, whilst the other is neuter, it tion of their value signed by the is agreed, that whatever the belli. party who shall have imported gerent party may have stipulated ihem; but in the event of the of. with other powers to the advantage ficers of the customs charged with of the neutral flag, shall still be in the collection of the duties sus. force between Brazil and the Han. pecting the valuation to be faulty, seatic towns. In order to prevent all they shall be at liberty to take mistakes relating to what is con. the goods thus valued on paying sidered contraband of war, it is ten per cent. above the said agreed (without however departing valuation ; and this within the from the general principle above period of fifteen days from the first detailed) to restrict this definition day of the detention, and on re. to the following articles :-Can. paying the duties received there. nons, mortars, guns, pistols, gre.
nades, fusees, gun-carriages, belts, Art. VIII.- The commerce and powder, saltpetre, helmets, balls, navigation between Brazil and the pikes, swords, halberds, saddles, Hanseatic poris shall enjoy in each harness, and all other instruments country, without waiting for any whatever manufactured for the additional convention, all the privi. uses of war. leges and advantages which are or Art. XI.-The citizens and sub. may be granted to any of the jects of the respective countries shall most favoured nations, provided enjoy in the other country, in realways they fulfil the conditions of spect to their
proper. reciprocity. It is understood that ty, the exercise of their religion, the privileges which have been, or and the employment of their ir. which may be, granted to the Por. dustry, all the rights and privia tuguese nation, shall not be con. leges which are or shall be here. strued into a precedent, nor shall after granted to the most favoured the effects of the present convention nations. extend to Portugal, unless there Some foreigners enjoying in should be particular treaties for Brazil the privilege of having ac. that purpose.
counts open at the custom-houses Art. IX.- The consuls of the for payment of duties, on the same respective governments shall be condition and sureties as the Bra. treated, as well in respect to their zilian subjects, this favour shall persons as to the exercise of their extend equally to the Hanseatic functions, on the same footing as
residents. those of the most favoured na. Art. XII.-The high contracttions. They shall especially enjoying parties reserve to themselves the right of making representa. the right of entering into any adtions, as well general as particular, ditional stipulations, which the re. upon the valuations made by the ciprocal interest of trade may recustoms, which shall be taken into quire, and any articles which may consideration with as fiile delay be hereafter agreed on shall be con. as possible, without detaining the sidered as making a part of the preconsignments.
Art. XIII.-Although the pre. Treaty of Commere and Navigation, bent convention be considered as between his most Christian Ma. common to the three free Hanseatic jesty, and the Emperor of Brazil, cities of Lubeck, Bremen, and relative to indemnity to the sub. Hamburgh, it is agreed, neverthe. jects of France, for the value of less, that a league of reciprocal re.
French vessels and their cargoes, sponsibility does not exisi between seized by the Brazilian squadron their sovereign governments, and in the river La Plata, and defini. that the stipulations of the present tively co demned by the tribunals convention shall remain in full of Brazil. force with regard to the rest of these republics, notwithstanding a Art. 1. The government of Bra. termination on the part of one or zil engages to pay to the French more of them.
government, as an indemnity for Art. XIV.--The present con
the losses done to its subjects, the vention shall be ratified, and the value of the hulls, rigging, and ratifications shall be exchanged cargoes of the French vessels le in London within the space of Courrier, le Jules, and le San Sal. four months, or sooner if possible. vador, which have been captured
It shall be in full force during by the squadron in the river La ten years, dating from the day of Plata, and definitively condemned the exchange of the ratifications : by the tribunals of Brazil. and beyond that term, until the Art. 2. These indemnities shall senates of the Hanseatic cities, be arranged upon the basis ; as to whether separately or collectively, the vessels, the value of their hulls or his majesty the Emperor of the and rigging to be taken from the Brazils, shall have announced the policies of insurance, where no intention of terminating such con. suspicion of fraud is raised against vention, as likewise during the the valuation; to which shall be negotiation for a renewal or modifi. added, the amount of freight, and cation of it.
the extraordinary expenses for În witness whereof, the under the pay and maintenance of the signed, plenipotentiaries of the crew, and for all the expenses oc. Senates of the Hanseatic republics casioned by the detention of the of Lubeck, Bremen, and Ham. vessel; and as to the cargoes, the burgh, and of his majesty the em. value shall be regulated by the peror of Brazil, in virtue of their manifests and invoices, and after respective full powers, have affixed the current prices in the port of the seal of their arms.
Rio Janeiro, at the time of cap.
ture. The policies of insurance, Done at Rio de Janeiro, this invoices, vouchers of expenses, 17th day of November, in the year and all the other documents, shall of our Lord 1827.
be presented and proved in legal
form. (L. 8.) GILDEMEISTER.
Art. 3. To the value of indemL. s.) C. SIEVEKING.
nity which shall be liquidated for (L. S.) Marquez de QUELUZ, each vessel, shall be added by way (L. s.) Conde de Lages. of damages and interest, six per
cent. per annum, to
be made in the currency of Brazil, one month after the capture, unto taking into account the difference the period hereafter fixed for the of exchange, at the time of cap. payment; and to the total amount ture, and at the period of pay. of the indemnities, when ascer. ment; and the amounts which shall tained, for the cargoes, freight, ex
be ascertained, shall be paid in penses and extraordinary charges, equal payments, at Rio Janeiro, shall be added by way of damages the first in twelve months; the se. and interest, five per cent. per an.
cond in eighteen months; and the num, to commence six months third in twenty-four months after after the capture, until the periods the termination of the duties of the aforesaid.
commission. The schedules of Art. 4. The indemnities shall be payments shall be deposited with ascertained and settled by a com- the French legation at the court mission, composed of four mem- of Brazil, and shall comprehend bers, two commissioners of liquida. the articles, stipulated by article tion, and two arbitrators, one of the third. Each schedule shall con. latter, who shall be designated by tain the names of those interested, lot, to be called in, only in case of “and shall indicate the persons who disagreement of the commission shall pay the amount, on account
One commissioner and an of the Brazilian government, as arbitrator, shall be named by the well as the place of payment. Brazilian government, and the Art. 7. This convention shall others, by the representative of his be ratified, and the ratifications exmost Christian Majesty at the court changed in the city of Rio Janeiro, of Brazil.
within six months, or sooner if pos, The commissioners shall sible. ceive from the claimants, the ac. Done in the city of Rio Janeiro counts and documents above men. the 81st day of August, 1828. tioned, and all other proofs which [L. s.] Le Marquis DE GABRIAL, may be presented in support of [L. s.] Marquis De ARACATY. their claims, and although the (L. s.) Jose CLEMENTE PEREIRA, claimants may have the power to produce all corroborative proofs, which they may think proper, until Between the Republic of the United the close of the commission, it is Provinces of the river Plate, and nevertheless expressly agreed, that the Emperor of Brazil. no claim shall be examined, or In the name of the most holy and taken into consideration, if it be
undivided Trinity : not presented within sixty days im- The government of the republic mediately following the opening of of the United Provinces of the the commission.
river Plate, and his majesty the Art. 5. The commission shall Emperor of Brazil, desiring to put commence its sittings within one an end to the war, and esiablish month after the signature of this upon solid and durable principles convention, and its functions shall the good understanding, harmony, be definitively terminated, on the and friendship, which should exist 28th of February, 1829.
between the neighbouring nations, Art. 6. The appraisement shall called by their interests to live
PRELIMINARY TREATY OF PEACE
united by the ties of perpetual al territory of Brazil, in order that it liance, have agreed, through the may constitute itself into a state mediation of his Britannic majesty, free and independent of any nation to adjust between themselves, a whatever, under the form of
gopreliminary treaty of peace, which vernment which it may deem most shall serve as a basis to the defini. suitable to its interests, wants, and tive treaty of the same, which is to resources. be celebrated between the high Art. 2. The goveroment of the contracting parties. And for this Republic of the United Provinces purpose they appointed their pleni. concurs in declaring, on its part, potentiaries, to wit:
the independence of the province The government of the Republic of Monte Video, at present called of the United Provinces, Generals the Cisplatine, and its being conDon Juan Ramon Balcarce, and stituted into a free and independent Don Tomas Guido :
state, in the form declared in the His majesty the Emperor, the foregoing article. most illustrious and most excellent Art. 3. Both high contracting Marquis of Aracaty, Member of his parties oblige themselves to defend Majesty's Council, Gentleman of the independence and integrity of the Imperial Bed-Chamber, Coun. the province of Monte Video, for the sellor of Finance, Commander of time and in the manner that may the Order of Aviz, Senator of the be agreed upon in the definitive Empire, Minister Secretary of treaty of peace. State in the Department of Foreign Art. 4. The existing government Affairs; Dr. Don Jose Clemente of the Banda Oriental, immediately Pereira, Member of his Majesty's upon the ratification of the preCouncil, Chief Judge of the House sent convention, shall convoke the of Supplication, Dignitary of the representatives of that part of the Imperial Order of the Cross. said province which is at present bearer, Knight of that of Christ, subject to it; and the existing go. Minister Secretary of State in the ve nment of Monte Video shall Home Department, and ad interim make simultaneously a like con. of Justice ; and Don Joaquin Oli. vocation of the citizens residing veira Alvarez, Member of his Ma. within the city, regulating the numjesty's Council and that of War, ber of deputies by that of the in. Lieutenant General of the National habitants of the province, and and Imperial Armies, Officer of using the form adopted in the electhe Imperial Order of the Cross. tion of representatives in the last bearer, Minister Secretary of State legislature. in the Department of War ;
Art. 5. The election of deputies Who, having exchanged their for the city of Monte Video shall respective full powers, which were take place indispensably extramufound to be in good and due ros without the reach of the artil. form, agreed upon the following lery of the city, and in absence of articles :
armed force. Art. 1. His Majesty the Empe. Art. 6. The representatives of ror of Brazil declares the Province the province being assembled at a of Monte Video, at present called distance of at least ten leagues the Cisplatine, separated from the from the city of Monte Video, and
any other place occupied by troops, Art. 10. It being a duty of the shall establish a provisional go. two contracting governments to as. vernment, which shall rule the sist and protect the province of whole province until the installa. Monte Video, until it be completely tion of the permanent government, constituted, the said governments to be created as the constitution agree that, if previously to the conshall direct. The existing govern. stitution being sworn to, and during ments of Monte Video and the five years afterwards, its tranquil. Banda Oriental shall cease imme. lity and security should be disturb. diately after the installation of the ed by civil war, they shall lend provisional one.
the necessary aid to maintain and Art. 7. The same representa. support the lawful government. tives shall betake themselves after- After the expiration of the above wards to the formation of the polic term, all protection which is by tical constitution of the province of this article promised to the lawful Monte Video; and the constitution, government of the province of previously to being sworn to, shall Monte Video shall cease : and the be examined by commission. said province shall be considered ers from the two contracting go. in a state of perfect and absolute vernments, for the sole object of independence. seeing that it does not contain any Art. 11. Both the high contract, article or articles opposed to the ing parties declare most explicitly security of their respective states. and categorically, that whatever Should this be the case, it shall be may happen to be the use of the publicly and categorically set forth protection which in conformity to by the said commissioners; but the foregoing article, is promised should there be a want of common to the province of Monte Video, it accord in these, it shall be decided shall in all cases be limited to the by the two contracting govern. restoration of order, and shall cease ments.
immediately that the object is at. Art. 8. Any inhabitant of the tained. province of Monte Video shall be Art. 12. The troops of the proat liberty to leave the territory vince of Monte Video and those of thereof, taking with him his chat- the Republic of the United Provin. tels, without prejudice to a third ces, shall evacuate the Brazilian person, until the constitution be territory in the precise term of two sworn to, if he do not wish to ad- months from the date of the ex. here to it, or if it so suit him. change of the ratifications of the
Art. 9. There shall be perpetual present convention, the latter passand absolute oblivion of all politi. ing to the left bank of the river cal acts and opinions whatever Plate or the Uraguay, with the ex. done or professed previously to the ception of a force of 1500 men, or ratification of the present conven. more, which the government of the tion, by the inhabitants of the pro. aforesaid republic, if it deem fit, vince of Monte Video, and of the may maintain in any part of the territory of the Emperor of Brazil territory of the province of Monte which has been occupied by the Video, until the troops of his matroops of the republic of the United jesty the Emperor of Brazil comProvinces.