Star.
London, England, 1826-10-10 00:00:00

OF THE BRAZILS ON THE RIVER PLATE.

The undersigned Vice Admiral; Commander of the
Noval division of his Most Christian Majesty on the
South American station, convinced, from the examina-
tion which has been made of the papers of the French
brig Cosmopolite, that the Government of his Majesty
the Emperor of the Brazils has adopted, with respect to
--neutral ships, a maritime right which that of his Most
Christian Majesty has never tecognized, and never can
tecognize, has the honour to present to his Excellency
the Admiral commanding the naval forces of his Ma-
jesty the Emperor of the Brazils, a relation of the prin-
cip'es pursued in this matter by the Fetich Govern-
ment, and the reciprocity of which he has the right of
exacting. the principles are founded on rigid justice,
and exactly conformable to the right of nations, w hich
do not admit that any ma:ititrie Power should arrogate
to itself, on the ocean, a sovereignty which no one has the
right to eser cise, and which belongs to all.
France admits the principles consecrate.' by the treaty
between the Northern Powers, which was intimated to
her on the 15th of August, 1780. Me has always fol-
lowed them since ; or, if she departed from them in the
time of any one of the Governments which succeeJed
each other during the Revolution, it was by way of re-
prisal on the pretensions advanced by the maritime
Powers with whom she at that time was at war—preten-
sion.; which, notwithstanding, she has never acknow-
ledged. Afterwards, when the reins of government re-
tut ned to the hands of her legitimate sovereigns, she re-
turned to her principles, and saw herself in a situation
to pursue them in the very last war which she sustained
against the Coltes of Spain. 'They are as follow:
" Article 1. The !lig protects the merchandise (except
contraband of war-).-2. That the search • of a neutral
vessel made by a man of war must take place with the
greatest pi ecaution.-8. That only warlike stores, guns,
powder, and shot, are objects of contraband.-4. That
each Power has the right to give convoy to its mer-
chantmen ; and that in this case, the declaration of the
commander of the ship of war is sufficient to protect
the Hag and the cargo of the ships convoyed.-5. That
no port is blockaded by a squadron if there is no evi;
dent danger in entering it; but no neutral' vessel can be
hindered from entering into a port previously blockac1:11,
by a force which was not present on the occasion in
which the neutral vessel presents herself,—let the cause
of the removal of the force which blockaded it be what
it will,—either by the winds, or by the necessity of
seeking subsistence."
The formalities exercised on the Cosmopolite, parti-
cularly caused the undersigned to think that the inten-
tions of the Commander of the Army of the Emperor
of the Brazils were not in harmony v►ith the sense and
letter of this last article: besides, that it was the duty
of the undersigned to make known to his Excellency the
Admiral, the principles professed by the Government
of his Most Christian Majesty—his instructions foresaw
that case, and prescribed it imperiously. Now, in order
to avoid any circumstance which might alter the good
harmony which happily exists between their respective
states, the undersigned is eager to communicate to his
Excellency the Admiral, what is the manner of discri-
minating and acting in France respectively to neutrals.
When he arrived at Rio de Janeiro, he had the honour
to address the same communication to his Excellency
the Minister for Foreign Affairs ; and in case that his
Excellency the Admiral could not, consequence of

" Att. 3. Likewise it is forbidden them to stop vessels
belonging to the subjects of neutral Princes, having
sailed from the ports of neutraPStates or allies of his
Majesty, to proceed to another State equally neutral, or
allies of his Majesty, provided that they be not laden
with merchandise of the growth or manufacture of its
enemies, in which case the gaols shalt be goo 4 prize,
and the vessels released.

44 Art. 4. His Nfajesty likewise farbids his ships of
war to stop vessels belonging to the subjects of neutral
Princes, having sailed from the ports of a state, allies
of h's Majesty, or neutrals to go into ports hostile to
his Mijesty,' provided that there be not on board the
said ship, any contraband goods, neithr r of the growth
or manufacture bf the enemies of his Majesty, in which
case the goods shall be good prise, and the vessels shall
be released.

44 Art. 5. And, nevertheless, if the cases borne by
the four first articles of the present regulation, there
should be found on neutral vessels effects belonging to
the enemies of his Majesty, the vessels and all their
ladings shall be good prizes, conformably to article
7. of the title of prizes of the month of Aug. 1681.
" Art. 6. The vessels belonging to the subjects of
neutral States, which shall have sailed from the Potts
of a State hostile to his Majesty, and shall there have
taken in their lading, in whole or in part, in u rder to
proceei to the States of a Prince otter than their own,
whether he be an ally of his Majesty, neutral, or enemy,
may be stopped and brought into the kingdom. and
shall be declared lawful prize, with their cargo, in case
that they were loaded for account of the subjects of his
Majesty, or of a state allied or neutral."
The 21st of October, 1744, she publishes another, in
which is found the following article:
44 Art. 5:- 'fin case there shauld be found in neutral
vessels, of.whatever nations they might be, merchan.
disc or effects, shall be lawful prize, though even they
were not of the manufacture of ao enemy, and never-
theless the ships released."
'ln the Primitive ordonnances of the French navy of
August, 1681, is found the following article :
" Art. 8. All ships which shall be found laden with
effects b?longing to our en?mies, and the goods of their
subjects or allies, which shall be found iu an enemy's
ship, shall be equally lawful prize."
The undersigned has the honour to inform his Excel-
lency the Vice-Admiral, that he would not transcribe
the above articles of the ordonnances of France, in order
that they should serve as a rule, far they are not the
laws of the empire of the Brazils, nor its doctrines used
with such restrictions; he would transcribe them simply,
in order to shew that even by the laws of France, the
assertion, that the flag covers the cargo, would be unte-
nable; and to shew also, that in the time in which the
reins of Government were in the hands of legitimate
Sovereigns, even an armed French vessel, meeting a.
neutral vessel with an enemy's cargo, not only took the
lading under a neutral flag, but the neutral vessel itself
was declared lawful prize. From the whole expose, it
follows; that if this first principle Of the note of the
Vice-Admiral makes a part of the law of nations, it was
France which has falsified it by the ordonnances above-
mentioned. The treaty with which she corroborates
her opinion, formed between the Powers of the north in
1780, known as the armed neutrality, without doubt,
had for its aim, that this principle of the article might
be a convention, and was incorporated with the mari-
time law. But we shall not demonstrate that the powers
which composed no part of the league " of the armed
neutrality," should recognize it after the peace was
made, although that was its object, so little shall we
prove that at the last peace of Vienna, or in the long
war which followed it, they had conceded remuneration
for the goods in vessels likewise appraised, in spite of
France not having respected the goods under neutral

And who is ignorant that the neutral power, assisting
in this manrer one of the belligerents commencing hos.
tilities against the other, and that supporting her com-
merce we put her in the way of being better able to
continue the war; and who is ignorant that of the
greatest evils that can be done to an enemy is to hinder
its commerce? And for this principle this means would
be rendered useless, that the Government of the Brazils
should adopt the principle, that the flag does not cover
the lading, a principle followed by all nations, without
exception, in the last war which took place in Earope.
This was known to his Excellency the Vice Admiral,
for he will remember that a treaty of commerce ma*
the 18th Octsber, 1825, established also in Article 17.
—This treaty, although it was not published officially,
woe. however, printel in the daily journal of the 12th
of November of that year, which indicates at least an
acqiiiescence in the doctrine. And if there was any
delay in the ratification, on account of some explanation,
lwe mg. surely believe that it was nit upon this prin.
ciple that England has constantly followed.
The example of the system pursued.by France in the
war against the Cortestof Spain proves nothing, because,
besides that it is an exception from circumstances, the
assistance that his Most Christian Majesty gave to his
Catholic Majesty, in order to withdraw him from the
coercion in which the Cortes held him, was not a war
nation against nation ; and it is for that reason that ex.
ceptions were made at the blockade of Cadiz.
The contraband of war of which the 81 article treats,
in order to be lawful prize, we have no need to go into
blockaded ports. A proof of this is the follbwing article
of the ordoanance of France, 1631 :
Art. 11. Arms, powder, balls, and other warlike
stores—even horses and equipages--which shall be
transported for the service of our enemies, shall be con-
fiscated, in whatever vessel they may be friend, and to
whatever person they may belong, either of our sub-
jects or allies.
To blockaded ports all commerce is forbidden; and
consequently all Vie articles of commerce are contia-
band, because their conveyance is made against the
recognition which the respective Governments make, in
publishing the blockade, when it was intimated to it.
Speculators, who from ambition hazard themselves
against the recognition of this Government, have for
their end to deceive the blockade without committing
hostilities against the nation which makes it ; and for
that purpose it is established, that the penaltrin case of
being stopped is the loss either to the loaders or of the
owners of the vessel., if it were not so, instead of a few,
all would go and sport with the blockade: the prin-
ciples are so wise, that it appeared impossible to enter
into proof:

. .
As to the sth article of the note of his Excellency the
Vice-Admiral, it is intended to blame some indiscretion
in the manner in which the blockade was made, as he
already did once in another ncee of the 25th of May
past, the undersigned, in orJer to satisfy his Excellency.
say, that within the River Plate there are only porrs -
belonging to the territory of the Ernpire-oPthitratels,
and those are found blockaded, and jhf method ogoac-
quitting oneself the better in it, is from the competence
of the undersigned everywhere; seeing that his Excellen-
cy the Vice Admiral will meet ships of the squadron of
his Majesty the Emperor of the Brazils, he will under-
stand that this service makes a part of the method qr
system adopted, and that it has for its aim to hinder the
passage and entrance into the ports blockaded • andal-
suredly this method cannot he reputed less efficacious
than that by which France declared in a state of blockade
the British Isles; and his Britannic Majesty, in opposi-
tion, declared in a state of blockade the ports of the
nation whose territories should be occupied by the French
armies. And his Excellency knows well; that the pi iies
made on neutral nations were all adjudged lawful. And
if it be said that this act, and some others of those
cited, were practised in the time that an uturper occu-
pied the throne of France, the tefusal of remuneration,
and the circumstance that the same ordonnance, regd.
lation, and other laws, for the most part of this kind.
are serviceable to the French nation, might be good
answers to all objections whatever.
The undersigned believes that in this manner he has
answered the protest which his Excellency the Vice-
Admiral has intimated to him by his note of the 6th
current month. His Excellency can, if he is not satis-
fied, have recourse to the means indicated in the same
note.—There remains to the undersigned only to renew, as in fact
he does renew, the protestations of being, with the greatest coed•
deration and respecb—His respectful and obedient servant,
PINTO QUEDES.
Oa board the frigate Piranga, before Monte Video. June 7; 1126,

It is affirmed, that the trade in bones brings into the
kingdom of Denmark from 150 to 200,000 rix-dollars,
Gibraltar letters and papers to the 17th ult. state,
that the post frpm Madrid to the garrison; was inter.,
rupted by one of the numerous detachments of robbers
that infest the mountainous country on the route. There
was a report that they had made a descent in consider-
able numbers on the towns on the eastern coast.

Intelligence from Constantinople to the 10th of Sep-
tember makes no mention of the reported attack on the
Sultan's life, but estimates the extent of the ruins at one
sixth of the city, and the loss sustained by the Govern-
ment alone, at upwards of 200 millionroffiastses. The
day on which the Porte was to give an explicit answer
to the ultimatum of Russia, was the 7th of the wren(
month. It is therefore now past, and the fate of war
or peace between those two vast empires is probably
decided, though it will be nearly three weeks before
we can know the exact result. .

Colombian Papers state that Maracaibo, Trullllo,
and Merida, bad declared for the Federal Syst as,well- as
General Uanastava, but little credit was attached t rumour.
BOLIVAR was on his way back to Colombia, where be expected
art
at the end of the present month. He bad sent his Aid de-Camp,
Colonel CELuae, previously to the late insurrection, to remon-
strate with the Government, and to request the retneval of the pro-
secution against his favourite General Pau, whilst he advised the
latter to submit patiently to the orders of the &mato!, and to
abstain from any act hostile to the Constitution to which be bad
sworn. Colonel O'Luer, however, only arrived after the grand
breach had taken place, and after delivering his dispatches at Bogota,
set out for the Banks of the Apure, where Pau was busily engaged
in calving troop and making other preparations for self-defenctA
Fr.