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cent. per annum, to 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 an. num, 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 liquida. tion, and two arbitrators, one of the latter, who shall be designated by lot, to be called in, only in case of disagreement of the commission. ers. 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 ceive 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.
be made in the currency of Brazil, taking into account the difference of exchange, at the time of capture, nd at the per od of pay ment; and the amounts which shall be ascertained, shall be paid in equal payments, at Ro 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 con. tain 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,
Art. 5. The commission shall commence its sittings within one month after the signature of thi convention, and its functions shall be definitively terminated, on the 28th of February, 1829.
Art. 6. The appraisement shall called by their interests to live
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 Emperor 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
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 installation 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 governments, 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
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 convention, 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 tranquillity 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 contracting 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 at. tained.
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.
pletely evacuate the city of Monte by sea and by land. The blockade Video. shall be raised in the term of fortyeight hours, on the part of the imperial squadron; hostilities by land shall cease immediately after this convention and its ratifications are notified to the armies, and by sea, in two days to cape St. Mary, in eight to St. Catherine's, in fifteen to cape Frio, in twenty-two to Pernambuco, in forty to the Line, in sixty to the coast of Africa, and in eighty to the seas of Europe. All prizes made subsequently shall not be considered bona fide captures, and indemnification will be reciprocally made for them.
Art. 13. The troops of his ma. jesty the Emperor of Brazil shall evacuate the territory of the province of Monte Video, including La Colonia del Sacramento, in the precise term of two months from the date of the exchange of the ratifications of the present convention, and retire to the frontiers of the empire, or embark, with the exception of a force of 1500 men, which his said majesty may maintain within the city of Monte Video, until the installation of the provincial government of the province, under the express obligation of withdrawing this force, in the precise term of four months, first following the installation of said provisional government, at the latest, delivery, in the act of evacuation, the said city of Monte Video, in statu quo ante bellum, to commissioners competently authorized da hoc by the lawful government of the province.
Art. 14. It is understood that neither of the troops of the repub. lic of the United Provinces nor those of his majesty the Emperor of Brazil, which in conformity to the two foregoing articles, are to remain temporarily in the province of Monte Video, must in any wise interfere in the political affairs, government, institutions, &c. of the said province. They shall be considered as merely passive and on observation, kept to protect and guaranty public and individual liberties and property; and they cannot operate actively unless the lawful government of the province require their assistance.
Art. 15. As soon as the exchange of the ratifications of the present convention takes place, there shall be an entire cessation of hostilities
out notification being reciprocally given, with the knowledge of the mediating power, six months previously.
Art. 19. The exchange of the ratifications of the present convention shall be effected in the city of Monte Video, in the term of sixty days from the date hereof, or soon. er if possible.
In testimony whereof, we, the undersigned plenipotentiaries of the government of the United Provinces, and his majesty the Emperor of Brazil, in virtue of our full pow. ers, sign the present convention with our hand, and seal it with the seal of our arms. Done in the city of Rio Janeiro, on the 28th day of the month of August, in the year of the birth of our Lord Jesus Christ, 1828.
[L. S.] JUAN RAMON BALCARCE. [L. S.] TOMAS GUIDO.
L. S.] MARQUEZ DE ARACATY.
Both the high contracting par ties oblige themselves to employ all means in their power in order that the navigation of the river Plate, and of all others that empty into it, may be kept free for the use of the subjects of both nations, for the space of fifteen years, in the form that may be agreed upon in the definitive treaty of peace. The present article shall have the same force and vigour as if it had been inserted word for word in the preliminary convention of this date.
Done in the city of Rio Janeiro, &c. &c.
Speech delivered by his Imperial Majesty, at the opening of the sessions of the Legislature assembled on the third of May, 1823. August and worthy Representatives of the Brazilian Nation, I open tisfaction of informing you that our this assembly with the sarelations of friendship with Eurodaily more intimate. The empe pean powers continue and become ror of Russia, and the king of Saxony, have recognised this em pire. This with the court of Ma. drid is not the case, and it is the has failed to do so. only government of Europe which Treaties of commerce and navigation with the kings of Great Britain and Prussia are concluded and ratified; I finally inform you that I have comple. ted the act of my abdication of the Portuguese crown, which I an. nounced to you on the opening of the session of 1826. Equal relations of friendship and good intelli. gence exist between this empire and the principal states of the American continent. The government of the United States has nominated a Chargé d'Affaires to this court, instead of the one who left this, as I announced to you on the opening of the last session.
I have negotiations pending with the government of the Republic of Buenos Ayres, establishing the basis of a just and decorous con. vention, such as the national honour and the dignity of my imperial crown demand. If this repub. lic refuses to acquiesce in the highly liberal and generous propositions which proclaim to all the world the good faith and moderation of the imperial government, whatever may be the regret of my imperial heart, it will be necessary