The Sun.
London, England, 1856-10-02 00:00:00

BRAZIL AND THE RIVER PLATE.

No. I.

TRRATT OP AMITY, COMMERCE, AND NAVIGATION BE.
TWEET( BRAZIL AND THR ♦RGENTINE COEREDEBATION,

DATED 3IARCTI 7, 1856.

Art. 1. Perfect peace and firm and sincere friendship
shall exist between his Majesty the Emperor of Brazil, and
his successors and subjects, and the Argentine Confedera-
tion and its citizens, in all their possessions and respective

territories.
Art. 2. Each of the high contracting parties binds itself
not to support, either directly or indirectly, the separation
of any portion of the territories of the other, nor the erec-
tio❑ within them of independent governments contrary to
their respective and legitimate sovereign authority.
Art. 3. The two high contracting parties confirm and
ratify the declaration contained in Art. 1 of the prelimi-
nary convention of peace concluded between Brazil and
the Argentine Confederation on the 27th day of August,
1828, and likewise confirm and ratify the obligation of de-
fending the independence and integrity of the Oriental re-
public of Uruguay, in conformity with Art. 3 of the same

preliminary convention, and the same will be finally stipu-
lategl with the governments of the said Republic.
Art. 4. The independence and integrity of the Oriental
state of Uruguay shall be considered to be attached in such
cases as shall subsequently be agreed upon with the govern.
ment of that Republic, and immediately in the event of a
notorious conquest, and when any foreign nation shall pre-
tend to change the form of its government, or appoint or
impose a person or persons to govern it.
Art. 5. The two high contracting parties confirm and
ratify the declaration and recognition of independence of
the Republic of Paraguay according to the terms in which
it has been' demo by the provisional director of the Argen-
tine Confederation charged with the foreign relations,
through the medium of his charge d'affaires, on a special
mission to the Government of Paraguay, on the 17th of
July, 1852, and his Majesty the Emperor of Brazil, by an
act of the 14th of September, 1814, made and signed by the
charge d'affaires of the Imperial Government with the Go-
vernment of the Republic.
Art. 6. The two high contracting parties, desirous of
placing the commerce and navigation of their respective
countries on a basis of perfect equality and cordial recipro-
city, mutually agree that the diplomatic and consular agents,
the subjects and citizens of each of them, their ships and
the natural or manufactured produce of the two States, shall
reciprocally enjoy in the other State the same rights,
franchises, and immunities already granted, or to be con-
ceded in future, to the most favoured nation, gratuitously
if the concession in favour of that other nation be gratui-
tous, and with the sane compensation if the concession
has been granted conditionally.
Art. 7. For the better understanding of the foregoing
article, the high contracting parties agree to consider as
Brazilian or Argentine ships all such as are armed, manned,
and navigated according to the laws of their respective
countries.

Art. 8. The Brazilians established or resident in the
Argentine territory, and reciprocally the Argentines esta-
blished or residing in the Brazilian territory, shall remain
exempt from all forced military service of any kind what-
ever, and from all forced loans, imposts, or military regu-

[ations.

Art. 9. Each of the high contracting parties binds itself
also not to receive knowingly or voluntarily in their States,
and not to employ in their service, any of the citizens or
subjects of the other who may have deserted from the mili-
tary or naval services. Sach soldiers and sailors are to be
captured and delivered up as deserters when claimed by
the respective consuls or vice-consuls.
Art. 10. Should it happen that either of the high contract-
ing parties has engaged in war with a third, in that case they
shall observe towards each other the following rules :-1.
The neutral flags cover ships and persons, with the excep-
tion of officers and soldiers in the effective service of the
enemy. 2. The neutral lag covers cargo, with the ex-
ception of articles contraband of war. It being under-
stood that this principle shall not be applied to powers
which do not use and recognise it, and consequently that
the property of these governments being enemies shall not
be free under the lag of either of the two high contracting
parties that shall remain neutral. 3. The hostile flag ren-
ders hostile the cargo of the neutral, unless the lading has
taken place previous to the declaration of war, or before
due notice given at the port of departure. Bo it likewise
understood that if the neutral lag does not protect the
property of, the enemy, in consequence of its being com-
prised in the clause of the second principle, those goods
and merchandise belonging to a neutral embarked in a
vessel under the flag of said enemy, shall be free with the
exception of contraband of war. 4. The citizens of the
neutral country shall be able to navigate freely with their
vessels sailing from any one port to another belonging to
the enemy, it being expressly prohibited in any way to
cause them any damage in this navigation. 5. Vessels be-
longing to one of the high contracting psi ties, it mot smil-
ing to a port blockaded by the other, shall not be detained
nor confiscated before the special notification of blockade
made and registered in the ship's papers by the commander
of the blockading squadron, or by an officer under his com-
mand. 6thly. Neither one nor other of the contracting
parties shall permit the stay or the sale in its harbours of
maritime prizes made from the other by any state with
which it may be engaged in war.

Art. IL In order that no doubt may be entertained as
to what is or is not contraband of war, the following ar-
ticles shall be considered such : —l. Artillery, mortars,
shells, swivel guns, muskets, rifles, pistols, pikes, swords,
sabres, lances, spears, halberts, grenades, rockets, bombs,
powder, detonators, and all things pertaining to the use of
such arms. 2. Shields, helmets, breast-plates, coats of
mail, belts, uniforms, and military accoutrements. 3. Ca-
valry horses, saddles or horse-furniture, or anything apper-
taining to the arming of cavalry. 4. Every species of in-
strument of iron, steel, or metal, or any otkor manufac•
tured material expressly prepared or formed for purposes
of war, on land or at sea.

Art. 12. When either of the high contracting parties
makes war with another state, no citizen of the other shall
take commissions or letters of marque for the purpose of
aiding or co-operating in a hostile manner with the enemy
of that state, under penalty of being treated by both as a
pirate.

Art. 13. Neither of the high contracting parties shall
admit into its ports pirates or robbers of the seas, but de-
termine and give orders to pursue the same by all the
means in its power, and with all the rigour of the laws;
also to follow up the accomplices of such criminals, and all
such as shall secrete goods in this manner robbed by them,
and to give up the ships and their cargoes to their proper
owners, citizens of whichever state of the high contracting
parties, they may be, or their representatives, or in de-
fault of these their consular agents.
Art. 14. Brazilian and Argentine ships, whether mer-
cantile or of war, shall freely navigate the rivers Parana,
Uruguay, and Paraguay, in such parts of those streams as
belong to Brazil and the Argentine Confederation, sub-
ject to those regulations of customs and police in which
both the high contracting paOies bind themselves to
adopt as basis the rules that may contribute most effica-
ciously to the development of the navigation in favour of
which the said regulations are established.
Art. 15. Consequently the said ships thall enter, stay,
load, and discharge at the places and ports of Brazil and
the Argentine Confederation, which for this purpose may
have been legally opened on the banks of the same river.
Art. 16. Both the high contracting .parties, being desir-
ous of contributing to the facilities of every kind necessary
to be given to their common river navigation, engage reci-
procally to place, make, and maintain the landmarks and
lighthouses which may be necessary for the said navigation
in the parts severally pertaining to each.
Art. 17. On the part of Brazil and the Argentine Con-
federation there will be established an uniform system of
administration for the respective duties of customs, port
and pilot dues, police and lights.
Art. Is. The high contracting parties, recognising the
fact that the island of Martin Garcia may, by its position,
embarrass and impede the free navigation of the effluents of
the Rio do la Plata, in which all the states bordering that
river are interested, and the signers of the treaties of July
10, 1853 ; recognise also the convenience of the neutrality
of the above-mentioned island in time of war, whether be-'
tween the states, of La Plata, or one of them, with some
other power, as a matter of common utility, and as a gua-
rantee for the navigation of the said river ; and therefore
agree-1. To oppose by all moans that the possession of the
island of Martin Garcia be withdrawn from any one of the
states of the Rio de la Plata interested in its free naviga-
tion. 2. To endeavour to obtain from the power in pos-
session of the aforesaid island that it shall bind itself not
to use that island to impede the free navigation by the other
states bordering the River Plate, who have signed the
treaties of the 10th of July, 1853, and to consent to the
neutrality of the said island in time of war ; also that the
necessary establishments may bo formed there for the se-
curity of the internal navigation of aU the states bordering
on the river and the nations named in the treaties of the
I)th of July, 1853.
Art. 19. If it should happen (which may God forbid)
that a war should commence between any of the etatee of
the Rio de la Plata or its confluents, the two high con-
tracting parties bind themselves to maintain free the navi-
gation of rivers Parana, Uruguay, and Paraguay, in the
parts that severally belong to them, no exception to this
principle being possible except as regards articles contra-
band of war, and the ports and places of the said rivers
blockaded conformably with the principles of the rights of
nations, it being always understood that the general tran-
sit is free, subject to the rules mentioned in Art. 14.
Art. 20. Both the high contracting parties bind them-
ploy all the means in their power to persuade
I selves to em