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ceni. per annum, to commence 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 oi cup. payment; and to the total amount ture, nd at the period of pay. of the indemnities, when ascer. ment; and the amounts which shall tained, for the cargoes, freight, ex. be asceriained, shall be paid in penses and extraordinary charges, equal payments, at R:0 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 ers. 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 re- 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, PRELIMINARY TREATY OF PEACE 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 establish 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
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 go. preliminary treaty of peace, which verninent 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 government 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 con. Don Juan Ramon Balcarce, and stituted into a fiee 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. Siate 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 conof 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 inLieutenant General of the National habitants of the province, and and Imperial Armies, Officer of using the form adopted in the elec. the 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 extramu. found 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 con. shall 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 poli. 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 contracte 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 pass. and 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 com. Provinces.
pletely evacuate the city of Monte by sea and by land. The blockade Video.
shall be raised in the term of forty. Art. 13. The troops of his ma. eight hours, on the part of the im. jesty the Emperor of Brazil shall perial squadron; hostilities by evacuate the territory of the pro. land shall cease immediately after vince of Monte Video, including this convention and its ratifications La Colonia del Sacramento, in the are notified to the armies, and by precise term of two months from sea, in two days to cape St. Mary, the date of the exchange of the ra. in eight to St. Catherine's, in fif. tifications of the present conven- teen to cape Frio, in twenty-two tion, and retire to the frontiers of to Pernambuco, in forty to the the empire, or embark, with the ex. Line, in sixty to the coast of Afriception of a force of 1500 men, ca, and in eighty to the seas of which his said majesty may main Europe. All prizes made subse. tain within the city of Monte Video, quently shall not be considered until the installation of the provin. bona fide captures, and indemnifi. cial government of the province, cation will be reciprocally made under the express obligation of for them. withdrawing this force, in the pre. Art. 16. All prisoners taken by cise term of four months, first fol. either party during the war, by sea lowing the installation of said pro. or by land, shall be set at liberty, visional government, at the latest, as soon as the present convention delivery, in the act of evacuation, is ratified and the ratifications ex. the said city of Monte Video, in changed; but those who have not statu quo ante bellum, to commission secured the payment of the debts ers competently authorized da hoc contracted by them, cannot leave by the lawful government of the the country in which they are. province.
Art. 17. After the exchange of Art. 14. It is understood that the ratifications, both high con. neither of the troops of the repub. tracting parties shall proceed to lic of the United Provinces nor appoint their respective plenipo. those of his majesty the Emperor tentiaries for the purpose of ad. of Brazil, which in conformity to justing and concluding the definithe two foregoing articles, are to tive treaty of peace which is to be remain temporarily in the province celebrated between the republic of of Monte Video, must in any wise the United Provinces and the Em. interfere in the political affairs, go- 'pire of Brazil. vernment, institutions, &c. of the Art. 18. If, contrary to expec. said province. They shall be con. tation, the high contracting parties sidered as merely passive and on should not come to an adjustment observation, kept to protect and in the said definitive treaty of guaranty public and individual li. peace, through questions that may berties and property; and they arise in which they may not agree, cannot operate actively unless the notwithstanding the mediation of lawful government of the province his Britannic majesty ; the repub. require their assistance.
lic and the empire cannot renew Art. 15. As soon as the exchange hostilities, before the expiration of of the ratifications of the present five years stipulated in the tenth convention takes place, there shall article ; nor even after this time be an entire cessation of hostilities can hostilities take place, with. out notification being reciprocally Speech delivered by his Imperial given, with the knowledge of the Majesty, at the opening of the mediating power, six months pre. sessions of the Legislature assemviously.
bled on the third of May, 1829. Art. 19. The exchange of the August and worthy Representatives ratifications of the present conven of the Brazilian Nation, tion shall be effected in the city of I open this assembly with the sa. Monte Video, in the term of sixty tisfaction of informing you that our days from the date hereof, or soon. relations of friendship with Euro. er if possible.
pean powers continue and become In testimony whereof, we, the un. daily more intimate. The empe. dersigned plenipotentiaries of the ror of Russia, and the king of government of the United Provin.
Saxony, have recognised this em ces, and his majesty the Emperor pire. This with the court of Ma. of Brazil, in virtue of our full pow. drid is not the case, and it is the ers, sign the present convention only government of Europe which with our hand, and seal it with the has failed to do so. Treaties of seal of our arms. Done in the city commerce and navigation with the of Rio Janeiro, on the 28th day of kings of Great Britain and Prussia the month of August, in the year of are concluded and ratified; I final. the birth of our Lord Jesus Christ, ly inform you that I have comple. 1828.
ted the act of my abdication of the [L. s.) Juan Ramon BALCARCE.
Portuguese crown, which I an. (L. s.) Tomas Guido.
nounced to you on the opening of (L.s.] MARQUEZ DE ARACATY.
the session of 18:26. Equal rela. (L. s.) Jose CLEMENTE PEREIRA. tions of friendship and good intelli. į L. s.) JOAQUIN D'OLIVERA ALVA.
gence exist between this empire and the principal states of the Ame.
rican continent. The government . ADDITIONAL ARTICLE.
of the United States has nominated
a Chargé d'Affaires to this court, Both the high contracting par. ties oblige themselves to employ
instead of the one who left this, as
I announced to you on the opening all means in their power in order that the navigation of the river
of the last session. Plate, and of all others that empty
I have negotiations pending with into it, may be kept free for the
the government of the Republic of
Buenos Ayres, establishing the use of the subjects of both nations, for the space of fifteen years, in the
basis of a just and decorous con. form that may be agreed upon in
vention, such as the national ho. the definitive treaty of peace.
nour and the dignity of my impe. The present article shall have
rial crown demand. If this repub. the same force and vigour as if it
lic refuses to acquiesce in the highhad been inserted word for word in
ly liberal and generous proposi. the preliminary convention of this
tions which proclaim to all the
world the good faith and moderation date.
of the imperial government, what. Done in the city of Rio Janeiro, ever may be the regret of my im&c. &c.
perial heart, it will be necessary