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ercise of a right which was always indisputable, nor leave to their fate, at the mercy of events, an armed, courageous, and exasperated population, capable of proceeding to all extremities in defence of their rights.

On this account it was, that at the sitting of the 25th of October last, the congress decreed thus : "In conformity with the general and constant wish of the provinces of the state, and that which the oriental provinces has deliberately repeated, by the legitimate organ of its representatives in the law of the 25th of August of the present year, the congress, in the name of the communities which it represents, declares the said province to be re-incorporated in fact with the republic of the United Provinces of Rio de la Plata, to which it has of right belonged, and desires to belong."

By this solemn declaration, the general government is pledged to provide for the defence and security of the eastern province. It will fulfil this pledge by all the means in its power, and by the same will expedite the evacuation of the only two military posts which are still held by the troops of his imperial majesty.

The undersigned is at the same time authorised to declare, that, in

this new situation, the government of the United Provinces retains the same spirit of moderation and justice that has served as the basis of its policy, and guided the endeavors which it has heretofore made in vain, to obtain restitution of the oriental province by amicable negotiation, a spirit of which it will give fresh proofs as often as its dignity will allow it so to do. In any event, it will strike only in self defence, and to recover the occupied posts; its aim being simply to maintain the integrity of the territory of the United Provinces, and solemnly guaranty for the future, inviolability of their limits against force or seduction.

Under such circumstances, and after having made known to your excellency the intentions and wishes of the government of the United Provinces of Rio de la Plata, it remains for the undersigned to add that the establishment of a peace, exceedingly precious for the contiguous states, and even for the whole continent, will depend solely on the will of his imperial majesty.

The undersigned salutes your excellency.

MANUEL J. GARCIA. To the Minister of Foreign Affairs of the Empire of Brazil.

BRAZIL.

Phe" Diario de Rio de Janeiro," of Dec. 27, contains the following decree or Declaration of War, by the Emperor.

The government of the United Provinces of Rio de la Plata, having committed acts of hostility against this empire without provocation or previous formal declaration of war, rejecting thus the forms established among civilized nations, as required by the dignity of the Brazilian people, and the rank which belongs to us among powers, that I, having heard my council of state, should declare, as I now do, WAR against the said provinces and their government; directing that by sea and land, all possible hostilities be waged upon them; authorising such armaments as my subjects may please to use against that nation; declaring that all captures or prizes of whatever nature, shall accrue entirely to the captors, without any deduction in favor of the public treasury. [Follows the regulation for the publication and distribution of the decree.]

Rio de Janeiro, 10th December, 1825; fourth year of the independence and the empire.

PROCLAMATION,

Of his majesty, DON PEDRO 1st, emperor of the BRAZILS, given at RIO JANEIRO, at the review on the 16th of November, 1825. Fellow companions.-What a field of glory is now opened! Where would be the soldier who dares not hasten to it? What Brazilian, of even in the most distant province, would not wish to support his promises, the existence of the monarchy, and the integrity of this colossal empire, which once frightened the whole known world.

Can it be possible, O! eternal

Lord! that thou consentest that the rebels should triumph over an empire of the holy cross? No, thou art not unjust.

Fear nothing, then, fellow-companions, assisted by the hand of our Lord-nor lose a moment of time, to take up your arms against the enemy of the empire!

Or are we, perhaps, not the same Brazilians who declared the independence? Separating, could we be the same who fought once against the Portuguese and drove from our territory 14,000 of their troops? We are the same, and, if possible, still more valiant and more enterprising !

Let us prove, then, fellow-companions, that we have not left off to be Brazilians, when appearing in the battle, and that the 19 imperial stars shall always exist united.

The province of Rio Grande wants help which animates its inhabitants, which assists them and which shows them, that in their sovereign they have a wise, careful, and loving father, who looks out to protect them against the horrors, which, as he thinks, hang over them like a showery cloud.

What greater glory can there be for a soldier than to show himself useful to his country, and to risk his life for it! Will not the revenger of the national honor still be blest by the following generation?

Do not think, fellow-companions, that I speak to you to enthusiast you-no, enthusiasm is born with a Brazilian soldier, and that is his staff! No, I speak to

you to make known the necessity which obliges me, if even with all the feelings of my imperial heart, to separate some of you from your families, and from me who loves you so much!

Let us go then, fellow-companions, the national honor, which is offended, calls-and the world will say-long live the Brazilian troops. (Signed) EMPEROR.

TREATY made between his imperial majesty and his most faithful majesty, on the recognition of the empire of BRAZIL, August 29, 1825, and ratified by his imperial majesty the day after.

IN THE NAME OF THE MOST HOLY AND INDIVISIBLE TRINITY.

His most faithful majesty, constantly cherishing in his royal mind the most lively wishes to re-establish peace, friendship and harmony between kindred nations, whom the most sacred ties should conciliate and unite in perpetual alliance; to accomplish those important ends, promote general prosperity, assure political existence, and the future destinies of Portugal as well as Brazil; and desirous of removing at once, all obstacles which might impede the said alliance, concord, and happiness of both states, by his decree, (diploma,) of the 13th May of the current year, recognizes Brazil as an independent empire, and separated from the kingdoms of Portugal and Algarves, and his pre-eminently beloved and valued son Don Pedro, as emperor, and freely ceding and transferring the sovereignty of the said empire to his said son, and his legitimate successors, and taking only and reserving for his own person the same title.

And these august sovereigns accepting the mediation of his Britannic majesty for the adjustment of every question incident to the separation of the two states, have nominated plenipotentiaries; to wit: (Here follow the names and titles of the plenipotentiaries nomi

nated by his imperial majesty.)

His most faithful majesty has nominated the most illustrious and excellent knight, sir Charles Stuart, privy councillor of his Britannic majesty, &c.

And the said plenipotentiaries having seen and exchanged their respective powers, have agreed, in conformity with the principles expressed in this preamble, that the present treaty be formed.

Article 1st. His most faithful majesty recognizes Brazil as an independent empire, and separated from the kingdoms of Portugal and Algarves, and his pre-eminently beloved and valued son as emperor, ceding, and of his free will transferring, the sovereignty of the said empire to his said son and his legitimate successors, his faithful majesty taking only, and reserving for his own person, the same title.

Art. 2d. His imperial majesty, as an acknowledgement of respect and love for his august father and lord, Don John VI., consents that his most faithful majesty shall take for himself the title of emperor.

Art. 3d. His imperial majesty promises not to admit propositions from any Portuguese colonies to unite themselves to the empire of Brazil.

Art. 4th. Henceforth, there shall

be peace and alliance, and the most perfect friendship between the empire of Brazil and the kingdoms of Portugal and Algarves, with a complete oblivion of past feuds between the respective powers.

Art. 5th. The subjects of the two nations, Brazillian and Portuguese, shall be considered and treated in the respective states, as those of the most favored and friendly nation, and their rights and property shall be religiously observed and protected, it remaining understood that the actual possessors of real estates shall be maintained in the peaceful possession of the same.

Art. 6th. All real or moveable property, or property in funds, sequestered or confiscated, belonging to the subjects of the two sovereigns of Brazil and Portugal, shall be forthwith restored, as well as their past revenues, the expenses of administration be deducted, or their owners reciprocally indemnified in the manner specified in the 8th article.

Art. 7th. All vessels and cargoes seized, belonging to the subjects of the two sovereigns, shall be in like sort restored, or their owners indemnified.

Art. 8th. A commission, nominated by the two governments, composed of Brazilians and Portuguese in equal numbers, and established where the respective governments shall deem most convenient, shall be charged with investigating the matters of the sixth and seventh articles; it being un

derstood that the claims shall be preferred within the term of a year from the formation of the commission, and that in case of an equal division in opinion, the point shall be decided by the representative of the mediating sovereign. Both governments will designate the funds from which the first claims liquidated are to be paid.

Art. 9th. All the public demands or reclamations of government on government, shall be mutually received and decided, either with restitution of the objects claimed, or with indemnity of the precise amount. For the adjustment of such claims, both the high contracting parties agree to conclude a direct and special convention.

Art. 10th. The relations of commerce shall be immediately re-established between the two nations, the Brazilians and Portuguese; all merchandise paying reciprocally fifteen per cent. in duties of consumption provisionally; the duties on exportation and re-exportation remaining as before the separation.

Art. 11. Ratifications of the present treaty shall be exchanged in the city of Lisbon within the space if posof five months, or sooner, sible, computed from the day of signing the present treaty.

In testimony of which, we, the undersigned plenipotentiaries, &c. CHARLES STUART.

LUIZ JOZE DE CARVALHOE MELLO.
BARAM DE SANTO AMARO.
FRANCISCO VILELLA BARBOSA.

SPEECH of his Majesty the Emperor of BRAZIL, delivered in the Senate Chamber, on the 6th of May, 1826, at the opening of the National Assembly.

August and most dignified Representatives of the Brazilian nation-For the second time I have the pleasure of presenting myself before you, at the opening of the national assembly. I infinitely regret that it has not been opened on the day marked out by the constitution, after the government had contributed on its part as far as it could to avoid a postponement of the law.

On the 12th November, 1823, I dissolved the constituent assembly, painful as it was, and from motives which are not unknown to

you. I, at the same time, promised the project of a constitution; this was accepted, and sworn to, and this day it is the political constitution which reigns in this empire, and in virtue of which this assembly is re-united.

The harmony which it is desired should exist among political departments, prevails in this constitution in the best possible manner. The whole empire is tranquil, except the province of Cisplatina. The continuation of this quiet, the necessity of the constitutional system, and the desire which I have that the empire be governed by it, point at the harmony that should guide the senate and the chamber of deputies, and also the government and both chambers ; and that all may be persuaded that revolutions are not the fruit of this system, but of those persons who, under its shade, seek to put in practice their own private ends.

The Cisplatina province, as I have already said, is the only one not in a state of quiet, for there have revolted ungrateful men, who

owe much to Brazil, and who are now aided by the government of Buenos Ayres, which is actually struggling against us.

The national honor demands that the Cisplatina province should be sustained, for the integrity of the empire is sworn to.

On the 15th November of last year, the independence of Brazil was recognized by my august father, Don John the sixth, of glorious memory, which was followed by that of Austria, England, Sweden, and France, the same having been done long before by the United States of America.

On the 24th April, of the present year, the anniversary of the embarkation of my father, Don John sixth, for Portugal, I received the unfortunate and unexpected intelligence of his death.

The most poignant pain has possessed my heart. Finding myself, when least expected, the legitimate king of Portugal, Algarves, and their dominions, the course which I ought to pursue is presented to me suddenly. Grief and the sense of duty alternately occupying my soul; but putting all other considerations aside, I look to the interests of Brazil. Attending to my word, I shall sustain my honor; I am free to congratulate Portugal; and it would be indecorous of me not to do so. What would not be the affliction tormenting my soul when seeking the congratulations of the Portuguese nation, without offending the Brazilian, and of separating them, (although already separated,) that they should never again be united!

I have confirmed the regency in

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