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On the other part, any merchandise whatever, without distinction as to origin, exported from the ports of Lubeck, Bremen, or Hamburgh, to Brazil or from Brazil to these ports, in Hanseatic vessels or in vessels belonging to any nation favoured in the Brazilian ports in their direct commerce, shall not pay in Brazil the import or export duties, or any duties whatever, but such as are fixed by a rate to the direct and national commerce of the most favoured nation; a rate which by other treaties has been temporarily fixed at fifteen per cent. instead of twenty-four for all merchandise introduced for consumption.

The Hanseatic cities not having placed any restriction on the indirect commerce of Brazil, and the Brazilian government not being in all respects able, in the present state of their commercial relations, to grant to the indirect commerce the same latitude and perfect reciprocity, it is agreed that the said indirect commerce shall for the present be restricted, and shall only take place with respect to the nations whose direct commerce is or shall be favoured in the Brazilian ports by particular treaties.

All merchandise exported in Hanseatic vessels from the ports of the said nations favoured in Brazil, shall pay the same duties of import and export, or any other duties which are paid by the Hanseatic cities in their direct commerce; these merchandises remaining nevertheless liable to the other formalities required when they are imported into the Brazilian ports by nations favoured in their direct commerce.

All bounties, drawbacks, or other such advantages granted in one of the countries on importation or exportation, in the vessels of any foreign nation whatever, shall in like manner be granted when the importation or exportation shall be performed by the vessels of the other country.

In the direct navigation between the Brazils and the Hanseatic cities, the manifests witnessed by the Consuls, Brazilian or Hanseatic respectively, or if there should not be any consuls by the local authorities, shall be sufficient to admit the respective importations or exportations to the advantages stipulated in this article.

ART. 7. The indigenous articles referred to in the preceding article shall experience in the respective Custom-houses, as far as regards their valuation, all the advantages and facilities which are or shall be conceded to the most favoured nation. It is understood that in cases where they shall not have a fixed value in the Brazilian tariff, the entry at the custom-house 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 thereon.

ART. 8. The commerce and navigation between Brazil and the Hanseatic ports shall enjoy in each country, without waiting for any additional convention, all the privileges and advantages which are or may be granted to any of

the most favoured nations, provided always they fulfil the conditions of reci procity. 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 ther should be particular treaties for that purpose.

ART. 9. The consuls of the respective governments shall be treated, as wel 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 little delay as possible, without detaining the consignments.

ART. 10. Should either of the 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 pre

vent 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 :-Cannous, mortars, guns, pi-tols, grenades 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. 11. The citizens and subjects of the respective countries shall enjoy in the other country. in respect to their persons, their property, the exercise of their religion, and the employment of their industry, all the rights and privileges 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. 12. 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 considered as making a part of the present convention.

ART 13. 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. 14. 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 like vise 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 Hamburgh, 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.] Marques de QUELUZ. LS Conde de LAGES.

No. 52. Preliminary Treaty of Peace between the Republics of the United Provinces of the river Plate and the Emperor of Brazil.

In the name of the most holy and undivided Trinit» ;

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 alliance, 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 definitive treaty of the same, which is to be concluded between the high contracting parties. And for this purpose they have appointed their plenipotentiaries, to wit: The government of the Republic of the United Provinces, Generals Don Juan Ramon Balcarce, aud Don Thomas Guido:

His majesty the Emperor, the most illustrious and most excellent Marquis of Aracaty, Member of his Majesty's Council, &c. &c.

Wh, 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 resources.

ART. 2. The government of the Republic of the United Provinces concurs in declaring, on its part, the independence of the provinces 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. S. 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 representa

tives 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 convoca tion 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 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 immediately 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 commisioners 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 governments.

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, and said governments agree that, if previously to the constitution being sworn to, and during five years afterwards, its tranquility and security should be disturbed 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 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 completely evacuate the city of Monte Video.

ART. 13. The troops of his majesty 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 ad hoc by the lawful government of the province.

ART. 14. It is understood that neither of the troops of the republic 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 by sea and by land. The blockade shall be raised in the term of forty-eight 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. 16. All prisoners taken by either party during the war, by sea or by land, shall be set at liberty, as soon as the present convention is ratified and the ratifications exchanged; but those who have not secured the payment of the debts contracted by them, cannot leave the country in which they are.

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