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navy, and the wages of the crews of the latter up to the time that the said assistance ceases, shall be on account of the Government of the Oriental Republic of the Uruguay, and shall be paid at the time and in the manner to be stipulated.

XI. In order to ensure the pacification, and guarantee the preservation of public order in the Oriental State, consulting the legitimate interests of all its inhabitants, those of humanity and those of the neighbouring States, the President of the Oriental Republic of the Uruguay binds himself:

1. To publish a complete amnesty and absolute oblivion of all the political acts and opinions anterior to the day of the ratification of the present Treaty.

This amnesty shall be without exception, and when once published, no one shall be accused, tried, or punished, for political acts anterior to the ratification of this Treaty, even although they may have offended against the rights of third parties; the Government of the Republic, nevertheless, reserving to itself the power, if considered necessary for the establishment and consolidation of public order, of directing some one or more of the most notable military chiefs to reside temporarily out of the country; allowing them the pay to which their commission in the army gives them a right, if they ask for it, recognizing the authority of the Government.

2. To prohibit by all means within its reach and within the compass of the constitutional attributions of the powers of the State, the accusations and discussions of the press concerning the acts and persons comprehended in the amnesty, with the view of making more effectual the oblivion of the past, and of thus calming the spirit of the people.

3. To order the restitution to their legitimate owners, of the landed property which has, during the war which is about to terminate, been confiscated, contrary to the tenor of the CXLVIth Article of the Constitution of the Republic.

4. To take effectual measures to re-establish and preserve to all the inhabitants of the Republic the full enjoyment of the guarantees conceded to them by Articles CXXX, CXXXIV, CXXXV, CXXXVI, CXI, CXLII, CXLIII, CXLIV, CXLV, CXLVI, and CXLVII of its Constitution.

XII. It is understood that the measures comprehended in the first 3 paragraphs of the preceding Article will be duly published for being carried into effect, with the publication of the act of ratification of the present Treaty. Those of the 4th paragraph, which require special regulations, shall be put into execution as soon as possible.

XIII. If during the continuance of the protection afforded by Brazil to the Government of the Oriental Republic of the Uruguay,

any rebellion should be raised against that of His Majesty the Emperor in his territories bordering on those of the Republic, the Government of the said Republic obliges itself to afford to the legal forces and authorities of Brazil all the protection and assistance in its power; not to countenance any kind of commerce with the rebels, and to place those who may take refuge in its territory (without default, however, of the obligations that humanity, the liberality of its institutions, and its own dignity impose on it) in a perfectly inoffensive position, disarming them if they be armed, and delivering up their arms, horses, or any other articles of war to the Imperial Government.

XIV. The 2 High Contracting Parties will propose to the Argentine States, that, by acceding to the foregoing stipulations, they form part of the alliance on terms of the most complete equality and reciprocity.

XV. A similar proposal shall be addressed to the Government of the Republic of Paraguay.

XVI. The Government of the Republic of Paraguay having bound itself to co-operate with His Majesty the Emperor of Brazil in the maintenance of the independence of the Oriental Republic of the Uruguay, and the equilibrium and security of the neighbouring States being interested in the independence of Paraguay, the Government of the Oriental Republic of the Uruguay binds itself, without prejudice to the result of the invitation referred to in the preceding Article, also to co-operate on its part, conjointly with Brazil, in the preservation and defence of the independence of the Republic of Paraguay.

XVII. The exchange of the ratifications of the present Treaty shall take place at Monte Video within the term of 30 days, or sooner if possible.

In testimony whereof we, the Undersigned, Plenipotentiaries of His Majesty the Emperor of Brazil, and of the President of the Oriental Republic of the Uruguay, in virtue of our full powers, sign the present Treaty with our hand, and cause to be put to it the seal of our arms.


Done in the city of Rio de Janeiro, the 12th day of October, in year of our Lord Jesus Christ 1851.


And the said Treaty having been presented to us, the tenor of which is above stated, and having been well seen, considered, and examined by us, we approve, ratify, and confirm all that it contains, as well in the whole as in each one of its Articles and

stipulations, and by this present we give it as firm and valid, in order that it may produce its due effect, promising upon our Imperial faith and word, inviolably to observe and fulfil it, and to cause it to be fulfilled and observed by all possible means.

In testimony whereof we have caused the present letter to be issued, signed by us, sealed with the great seal of the arms of the Empire, and countersigned by our Minister Secretary of State, whose name is affixed below.

Given at the Palace of Rio de Janeiro on the 13th day of October, in the year of our Lord Jesus Christ 1851.

(L.S.) PEDRO, Emperor.


TREATY of Commerce and Navigation between Brazil and the Oriental Republic of the Uruguay.-Signed at Rio de Janeiro, October 12, 1851.


WE, the Constitutional Emperor and Perpetual Defender of Brazil, &c., make known to all those who shall see the present letter of confirmation, approbation, and ratification, that on the 12th day of the current month and year, there was concluded and signed at this Court of Rio de Janeiro, between us and the President of the Oriental Republic of the Uruguay, by our respective Plenipotentiaries, duly furnished with the necessary full powers, a Treaty of Commerce and Navigation, the tenor of which is as follows:

In the name of the Most Holy and Indivisible Trinity.

His Majesty the Emperor of Brazil, and the President of the Oriental Republic of the Uruguay, being desirous to establish on solid and lasting bases, the relations of peace and friendship that subsist between the 2 countries, and to promote the common interests of their commerce and navigation, by means of a Treaty regulating the said relations and interests, have named as their Plenipotentiaries, that is to say:

His Excellency Honorio Hermeto Carneiro Leão, of the Privy Council and of the Council of State, Senator of the Empire, Grand Cross of the Order of Christ, and Officer of the Imperial Order of the Southern Cross; and his Excellency Antonio Paulino Limpo de Abreu, of the Privy Council and of the Council of State, Senator of the Empire, Dignitary of the Imperial Order of the Southern Cross, and Knight of the Order of Christ, on the part of His Majesty the Emperor of Brazil;

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And Don Andres Lamas, Envoy Extraordinary and Minister Plenipotentiary to the Court of the Empire of Brazil, on the part of the Oriental Republic of the Uruguay;

Who, after having exchanged their respective full powers, found to be in good and due form, have agreed upon the following Articles:

ART. I. There shall be perfect peace, and firm and sincere friendship between His Majesty the Emperor of Brazil, his successors and subjects, and the Oriental Republic of the Uruguay and its citizens, in all their respective possessions and territories.

II. The 2 High Contracting Parties, desirous of establishing the commerce and navigation of their respective States upon the basis of a perfect equality and reciprocal goodwill, have mutually agreed that the Diplomatic and Consular Agents, the subjects and citizens of each, their vessels, and the natural or manufactured products of the 2 States, shall reciprocally enjoy in the other the same rights, privileges, and immunities as have been already granted or may in future be granted to the most favoured nation, gratuitously, if the concession to the said nation was or might have been gratuitous, and stipulating a like compensation if the concession should have been conditional.

III. For the better understanding of the preceding Article, the 2 High Contracting Parties agree to consider as Brazilian or Oriental vessels those which may be owned, manned, and navigated according to the laws of the respective countries.

IV. In order to amplify and facilitate the commerce that is carried on with the Oriental State of the Uruguay, by the frontier of Rio Grande de San Pedro, it is hereby agreed that the actual exemption from duties of consumption that at present exists with regard to the salt meat and other produce from cattle imported into the Province of Rio Grande by the said frontier, shall be maintained for the space of 10 years, it being understood that they continue on an equal footing with similar produce of the said province; and as a compensation it has been agreed, in like manner, that the duty which the Oriental State at present collects on the exportation of live cattle for the said province of Rio Grande shall be totally abolished, and the said exportation shall for the next 10 years to come be entirely free and exempt from that or any other duty.

V. It is also agreed, that the exemptions mentioned in the preceding Article shall continue in force even after the 10 years have expired, and until one or other of the Contracting Parties notifies to the other a wish to discontinue them, which, however, shall not effectively take place until the expiration of 6 months after the said notification.

VI. The Brazilians established or resident in the Oriental terri

tory, and reciprocally, the Orientals established or resident in the Brazilian territory, shall be exempt from all forced loans or military imposts or requisitions, and from all forced military service of whatsoever kind.

If from any extreme necessity of war, any cattle or horses the property of any such individual should be disposed of, the military Chief or Government that does so, shall deliver to the proprietor, at the time, a document, in which are stated the number and quality of what is received; and at sight of this document he shall be duly and amply indemnified.

VII. Recognizing the fact that the military confiscation of private property in land warfare, or for political motives, is opposed to the organization and objects of civilized and Christian societies, confiscations being abolished by the Legislature of both States, and each of the 2 Contracting Parties having a perfect right to prevent its subjects or citizens from acting, in a direct or indirect manner, contrary to the principles and dispositions of its laws; they both reciprocally bind themselves not to allow confiscated goods in their territories; to return them to their legitimate owners; and to prohibit their respective citizens from trading in, or assisting in the trading in, such goods.

The practical means of carrying into effect the resolutions contained in this Article, as to the proof of the confiscated property and its delivery to its legitimate owner, shall be stipulated in special agreements.

VIII. The 2 High Contracting Parties oblige themselves to invite the rest of the American States to adopt reciprocally the stipulations in the preceding Article as an international principle of American right.

IX. In case of war between one of the High Contracting Parties and a third Power, the other Contracting Party that keeps itself neutral (besides the cases mentioned in the Treaty of Alliance concluded on this same date between the 2 High Contracting Parties) will not permit the transit of belligerent forces through its territory, nor that they be provided by means of inland commercial transactions with articles contraband of war.

X. In the above-mentioned state of war, the 2 High Contracting Parties adopt the following principles:

1st. That the neutral flag shall cover the vessel and the persons on board, with the exception of the officers and soldiers in the effective service of the enemy.

2nd. That the neutral flag shall cover the cargo, with the exception of articles contraband of war. Nevertheless, it is understood and agreed that the preceding stipulations, declaring that the flag covers the cargo, shall be only applicable to those Powers which recognize this principle; but if one of the Contracting Parties

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