Slike strani
PDF
ePub

ARTICLE VII.

or on allowing the same compensation, if the concession was conditional. It is understood however, that the re- The citizens and subjects of neither of the contracting lations and conventions which now exist or may hereaf- parties shall be liable to any embargo, nor be detained ter exist between Brazil and Portugal, shall form an ex-with their vessels, cargoes, or merchandize or effects, ception to this article. for any military expedition, nor for any public or private purpose whatever, without allowing to those interested, sufficient indemnification.

ARTICLE III.

The two high contracting parties being likewise desirous of placing the commerce and navigation of their respective countries, on the liberal basis of perfect equality and reciprocity, mutually agree, that the citizens and subjects of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures and merchandize: and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens or subjects do, or shall enjoy, submitting themselves to the laws, decress, and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws.

ARTICLE 1V.

ARTICLE VIII.

Whenever the citizens or subjects of either of the contracting parties shall be forced to seek refuge or asylum, in the rivers, bays, ports or dominions of the other, with their vessels, whether of merchant or of war, public or private, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with hu manity, giving to them all favor and protection, for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind,

ARTICLE IX.

All the ships, merchandize and effects belonging to the citizens or subjects, of one of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction, or on the high seas, and may be carried, or found in the rivers, roads, ports, bays, or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals: it being well understood, that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective governments.

ARTICLE X.

When any vessel belonging to the citizens or subjects of either of the contracting parties, shall be wrecked, foundered, or shall suffer any damage, on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation, where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandize and effects, without exacting for it any duty, impost or contribution whatever until they may be exported, unless they be destined for consumption.

They likewise agree that whatever kind of produce, manufactures, or merchandize, of any foreign country, can be from time to time, lawfully imported into the United States, in their own vessels, may be also imported in vessels of Brazil: and that no higher or other duties upon the tonnage of the vessel and her cargo, shall be levied and collected, whether the importation be made in the vessels of the one country or the other. And in like manner, that whatever kind of produce, manufactures, merchandize of any foreign country, can be, from time to time, lawfully imported into the empire of Brazil in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel and her cargo, shall be levied or collected, whether the importation be made in vessels of the one country, or of the other. And they agree that whatever may be lawfully exported, or re-exported from the one country in its own vessels, to any foreign country, may in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties and drawbacks, shall be allowed and collect- The citizens or subjects of each of the contracting pared, whether such exportation or re-exportation, be made ties shall have power to dispose of their personal goods in vessels of the United States, or of the empire of Bra-within the jurisdiction of the other, by sale, donation, zil. The government of the United States however, considering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Brazilian, when the proprietor and captain are subject of Brazil and the papers are in legal form.

ARTICLE V.

ARTICLE XI.

testament or otherwise; and their representatives, being citizens or subjects of the other party, shall succeed to the said personal goods, whether by testament, or ab intestato, and they may take possession thereof, either by themselves, or others acting for them, and dispose of the same at their will, paying such dues only as the inhabi No higher or other duties shall be imposed on the tants of the country wherein said goods are, shall be subimportation into the United States, of any articles the jeet to pay in like cases: and if, in the case of real estate, produce or manufactures of the empire of Brazil, and no the said heirs would be prevented from entering into the higher or other duties shall be imposed on the importa-possession of the inheritance, on account of their charaction into the empire of Brazil, of any articles the pro-ter of alliens, there shall be granted to them the term of duce or manufactures of the United States, than are or three years, to dispose of the same, as they may think shall be payable on the like articles, being the produce proper, and to withdraw the proceeds without molestaor manufactures of any other foreign country: nor shall tion, uor any other charges than those which are imposed any higher or other duties, or charges be imposed in by the laws of the country. either of the two countries, on the exportation of any articles to the United States or to the empire of Bra- Both the contracting parties promise and engage for zil respectively, than such as are payable on the exporta-mally to give their special protection to the persons and tion of the like articles to any other foreign country; nor property of the citizens and subjects of each other, of all shall any prohibition be imposed on the exportation or occupations who may be in their territories, subject to importation of any articles the produce or manufactures the jurisdiction of the one or the other, transient or dwelof the United States, or of the empire of Brazil, to or ling therein, leaving open and free to them the tribunals from the territories of the United States, or to or from of justice for their judicial intercourse, on the same terms the territories of the empire of Brazil, which shall not which are usual and customary, with the natives or citi equally extend to all other nations. zens and subjects of the country in which they may be for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents and factors as they may judge proper in all their trials at law.

ARTICLE VI.

ARTICLE XII.

ARTICLE XIII.

It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens or subjects of both countries, to manage themselves their own business, in all the ports and places subject to It is likewise agreed, that the most perfect and entire the jurisdiction of each other, as well with respect to the security of conscience shall be enjoyed by the citizens or consignment and sale of their goods and merchandize by subjects of both the contracting parties in the countries wholesale or retail, as with respect to the loading, un- subject to the jurisdiction of the one and the other, withloading, and sending off their ships; they being in all these out their being liable to be disturbed or molested on accases to be treated as citizens or subjects of the country count of their religious belief, so long as they respect the in which they reside, or at least to be placed on a footing laws and established usages of the country. Moreover with the subjects or citizens of the most favored nation. I the bodies of the citizens and subjects of one of the con

tracting parties who may die in the territories of the other, shall be buried in the usual burying grounds, or in other decent or suitable places, and shall be protected 'from violation or disturbance.

ARTICLE XIV.

may be carried and transported in the freest manner by both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded: and to avoid all doubt in this particular, it is declared, that those places only are besieged or blockaded, which are actually attacked by a force capable of preventing the entry of a neutral.

ARTICLE XVIII.

The articles of contraband, before enumerated and classified, which may be found in a vessel bound for an enemy's port, shall be subject to detention and confis cation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas, on account of having on board articles of contraband, whenever the master, captain or supercargo of said vessels, will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk, that they cannot be received on board the capturing ship without great inconvenience: but in this and all the other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port, for trial and judgment, according to law.

It shall be lawful for the citizens and subjects of the United States of America, and of the empire of Brazil, to sail with their ships, with all manner of liberty and se'curity, no distinction being made who are the proprie'tors of the merchandize laden thereon, from any port to the places of those who now are, or who hereafter shall be, at enmity with either of the contracting parties. It 'shall likewise be lawful for the citizens and subjects aforesaid, to sail with the ships and merchandizes before mentioned, and to trade with the same liberty and security, from the places, ports, and havens of those who are enemies of either party, without any opposition, or disturbance whatsoever, not only directly from the places of the enemy before mentioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power, or under several. And it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the ships belonging to the citizens or subjects of either of the contracting parties, although the whole lading, or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies: provided however, and it is hereby agreed that the stipulations in this article contained, declaring that the flag shall cover the property, shall be understood as applying to those powers only, who recognize this principle, but if either of the two contracting parties shall be at war with a third, and the other neutral, the flag of the neutral shall cover the property of enemies whose gov-reduction and surrender, shall such vessel or her carernments acknowledge this principle, and not of others.

ARTICLE XV.

It is likewise agreed, that in the case where the neu'tral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood, that the neutral property found on board such enemy's vessels, shall be held and considered as enemy's property, and as such shall be liable to detention and confiscation except such property as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it; but the contracting parties agree that four months having elapsed after the declaration, their citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandize of the neutral, embarked in such enemy's ship, shall be free.

ARTICLE XVI.

This liberty of commerce and navigation shall extend to all kinds of merchandizes, excepting those only which are distinguished by the name of contraband; and under this name of contraband, or prohibited goods, shall be comprehended

1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuzees, rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberts, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms:

2dly. Bucklers, helmets, breast-plates, coats of mail, infantry belts; and clothes made up in the form, and for military use.

3dly. Cavalry belts and horses with their furniture; 4thly. And generally all kinds of arms and instru'ments of iron, steel, brass and copper, or of any other materials manufactured, prepared and formed expressly to make war by sea or land."

[blocks in formation]

ARTICLE XIX.

And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy, without knowing that the same is besieged, blockaded, or investfed, it is agreed that every vessel so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning off such blockade or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter; but she shall be permitted to go to any other port or place, she shall think proper: Nor shall any vessel of either that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein, after the go, be liable to confiscation, but they shall be restored to the owners thereof.-And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned of by the blockading forces. ARTICLE XX.

In order to prevent all kinds of disorder in the visit ing and examination of the ships and cargoes of both the contracting parties on the high seas, they have agreed mutually, that whenever a vessel of war, public or pri vate, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance.compatible with making the visit under the circumstances of the sea and wind and the degree of suspicion attending the vessel to be visited, and shall send its smallest boat, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, with out causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships, shall be responsible with their persons and property; for which purpose the commanders of the said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; and it is expressly agreed, that the neutral party shall in no case be required to go on board the examining vessel, for the purpose of exhibiting her papers, for any other purpose whatever.

ARTICLE XXI.

To avoid all kind of vexation and abuse in the exami nation of the papers relating to the ownership of the ves sels belonging to the citizens and subjects of the two contracting parties, they have agreed, and do agree, that in case one of them shall be engaged in war, the ships and vessels belonging to the citizens or subjects of the other, must be furnished with sea-letters or passports, expressing the name, property and bulk of the ship, as

ARTICLE XXVIII.

also the name and place of habitation of the master or and public agents of any other power, shall, by the same
commander of said vessel, in order that it may thereby act, be extended to those of each of the contracting
appear that the ship really and truly belongs to the citi-parties.
zens or subjects of one of the parties; they have likewise
agreed, that such ships being laden, besides the said sea-
letters or passports, shall also be provided with certifi-States and the empire of Brazil shall afford in future to
To make more effectual the protection which the U.
cates, containing the several particulars of the cargo, and the navigation and commerce of the citizens and subjects
the place whence the ship sailed, so that it may be known, of each other, they agree to receive and admit consuls
whether any forbidden or contraband goods be on board and vice consuls in all the ports open to foreign com-
the same; which certificates shall be made out by the of-merce, who shall enjoy in them all the rights, preroga
ficers of the place whence the ship sailed, in the accus- tives, and immunities, of the consuls and vice consuls of
tomed form; without such requisites said vessel may be the most favored nations: each contracting party how-
detained, to be adjudged by the competent tribunal, and ever, remaining at liberty to except those ports and
may be declared legal prize, unless the said defect shall places in which the admission and residence of such con-
be proved to be owing to accident, and be satisfied or suls may not seem convenient.
supplied by testimony entirely equivalent.
ARTICLE XXII.

ARTICLE XXIX.

It is further agreed, that the stipulations above express- contracting parties, may enjoy the rights, prerogatives, In order that the consuls and vice consuls of the two ed, relative to the visiting and examining of vessels, shall and immunities, which belong to them, by their public apply only to those which sail without convoy: and when character, they shall before entering on the exercise of said vessels shall be under convoy, the verbal declaration their functions, exhibit their commissions or patent in of the commander of the convoy, on his word of honor, due form, to the government to which they are accred itthat the vessels under his protection belong to the na-ed: and having obtained their exequatur, they shall be tion whose flag he carries: and when they are bound to held and considered as such, by all the authorities, maan enemy's port, that they have no contraband goods on gistrates, and inhabitants, in the consular district in which board, shall be sufficient. they reside.

ARTICLE XXIII.

It is further agreed, that in all cases the established courts for prize causes, in the countries to which the prizes may be conducted, should alone take cognizance of them. And whenever such tribunal' of either party shall pronounce judgment against any vessel, or goods, or property claimed by the citizens or subjects of the other party, the sentence or decree shall mention the reasons or motives, on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of shid vessel, without any delay, he paying the legal fees for the same.

ARTICLE XXIV.

ARTICLE XXX.

riès, officers, and persons attached to the service of conIt is likewise agreed, that the consuls, their secretasuls, they not being citizens or subjects of the country, in which the consul resides, shall be exempt from all public service, and also from all kinds of taxes, imposts and contributions, except those which they shall be oblig ed to pay on account of commerce, or their property, to which the citizens or subjects and inhabitants, native and foreign, of the country in which they reside are subject; being in every thing besides subject to the laws of their respective states. sulate shall be respected inviolably, and under no preThe archives and papers of the context whatever, shall any magistrate seize or in any way interfere with them.

ARTICLE XXXI.

Whenever one of the contracting parties shall be engaged in war with another state, no citizen or subject of the other contracting party, shall accept a commission, sistance of the authorities of the country, for the arrest, The said consuls shall have power to require the asor letter of marque, for the purpose of assisting, or co-detention and custody of deserters from public or private operating hostilely, with the said enemy, against the said party so at war, under the pain of being treated as a pirate.

ARTICLE XXV.

vessels of their country, and for that purpose they shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writsel or ships roll, or other public documents, that those ing, proving by an exhibition of the registers of the vesmen were part of said crews: and on this demand so proved, (saving however, where the contrary is proved), the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said consuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall no more be arrested for the same cause.

If, by any fatality, which cannot be expected, and which, God forbid! the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for them, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens and subjects of all other occupations, who may be established in the territories or dominions of the United States, and of the empire of Brazil, shall be respected and maintamed in the full enjoyment of their personal liberty and property, commerce and navigation, the two contracting parties do unless their particular conduct shall cause them to for-hereby agree, as soon hereafter as circumstances will For the purpose of more effectually protecting their feit this protection, which, in consideration of humanity, the contracting parties engage to give them.

ARTICLE XXVI.

Neither the debts due from the individuals of the one nation, to the individuals of the other, nor shares nor money, which they may have in public funds, nor in public or private banks, shall ever in any event of war or national differences, be sequestrated or confiscated.

ARTICLE XXVII.

ARTICLE XXXII.

permit them, to form a consular convention, which shall declare specially the powers and immunities of the consuls and vice consuls of the respective parties.

ARTICLE XXXIII.

Brazil desiring to make as durable as circumstances will The United States of America, and the emperor of permit, the relations which are to be established between the two parties by virtue of this treaty, or general conBoth the contracting parties being desirous of avoid-declared solemnly and do agree to the following points: vention of peace, amity, commerce and navigation, have ing all inequality in relation to their public comminications and official intercourse, have agreed and do years from the date hereof, and further until the end of agree, to grant to their envoys, ministers, and other one year after either of the contracting powers shall have 1st. The present treaty shall be in force for twelve public agents, the same favors, immunities and exemp-given notice to the other, of its intention to terminate the tions, which those of the most favored nation do, or shall same: each of the contracting parties reserving to itself enjoy; it being understood, that whatever favors, immu- the right of giving such notice to the other, at the end of nities or privileges the United States of America or the said term of twelve years: and it is hereby agreed beempire of Brazil may find it proper to give the ministers Itween them, that on the expiration of one year after such

notice shall have been received by either, from the other party, this treaty in all the parts relating to commerce and navigation, shall altogether cease and determine, and all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both powers.

aristocracy had passed away; and, though the rule of Napoleon, and his lieutenants and nobles, may not have been less strict than that of Louis, there was an intelligence in the proceedings of the latter which softened down, or healed, many of their abberations from liberal principles. The nation prospered under their care, notwithstanding the extent, and waste of life in the military establishment, and tens of thousands who had theretofore suband priests, obtained habits of thinking, and ascertained the important fact, that they were men-not mere machines to be used for the aggrandizement of irresponsi ble persons. This habit of thinking was inconsistent with Sdly. If (which, indeed cannot be expected), unfor- the reign of the Bourbons-who, as Napoleon observed, tunately, any of the articles contained in the present "learn nothing, forget nothing"-a proud and imbecile treaty, shall be violated or infringed in any way what-race, hardly reasoning animals-more interested in preever, it is expressly stipulated, that neither of the con- serving their "divine right" to govern and depress the tracting parties will order or authorize any acts of repri-people, than benefit the country which they claimed as sal, nor declare war against the other, on complaints of property, or its inhabitants, whom they considered as injuries or damages until the said party considering itself mere instruments of their own will. The charter gi offended, shall first have presented to the other a state-ven or accepted by Louis the 18th, it was thought, might ment of such injuries or damages, verified by competent balance the weakness and lusts of the ancient royalists on proof, and demanded justice and satisfaction, and the the one hand, and restrain the ebullitions of popular feelsame shall have been either refused, or unreasonably ing on the other; but Louis speedily took to his councils delayed. those who, like himself, had "learned nothing," and a strife soon began between the court and the people-one to narrow down the rights and privileges granted by the charter, the other to uphold, if not extend them; and much discontent prevailed. Charles ascended the throne under most favorable circumstances-but without that gentleness of disposition which belonged to his brother, he had all the fulness of his notions about the dignity of his throne-all that disregard for public opinion, which had marked the infamous course of his early life-that of the count d'Artois being associated with almost every

2ndly. If any one or more of the citizens or subjects of either party shall infringe any of the articles of this treaty, such citizen or subject shall be held personally re-mitted to the dark dominion of the king and his nobles sponsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.

4thly. Nothing in this treaty contained shall however, be construed to operate contrary to former and existing treaties with other sovereigns or states.

The present treaty of peace, amity, commerce and navigation shall be approved and ratified by the president of the United States by and with the advice and consent of the senate thereof, and by the emperor of Brazil, and the ratifications shall be exchanged within eight months from the date of the signature hereof, or sooner, if possible. In faith whereof we the plenipotentiaries of the United States of America, and his majesty the emperor of Bra-offence against public decency and private right: And Zil, have signed and sealed these presents.

though professing a fixed resolution to preserve the charter, it soon became manifest that he would regard the chambers, the representatives of the people, as no more

Done in the city of Rio de Janeiro, this twelfth day of the month of December, in the year of our Lord Jesus Christ one thousand eight hundred and twen-than the agents of his own good pleasure, expressed ty-eight.

Signed,

W. TUDOR,

MARQUEZ de ARACATY,

[L.S.]
L.S.]

through his ministers. It was a constitutional, but mild, resistance of "the king wills it,” that caused the rash dissolution of the last chamber, and consolidated, as it were, the discontents of all the thinking classes-of the produc MIGUEL de SOUZA MELLO e ALVIM, [L.S.] tve people, now enjoying a respectable stand in France, And whereas, the said treaty or general convention has though once regarded as things without the care of the been duly ratified on both parts, and the respective rati-government, unless so far as they paid taxes or carried fications of the same have, this day, been exchanged, at Washington, by James A. Hamilton, acting secretary of state of the United States, and the Chevalier Je. Silvestre Rebello, charge d'affaires of his majesty, the emperor of Brazil, on the part of their respective governments: Now, therefore, be it known, that I, Andrew Jackson, president of the United States of America, have caused the said treaty or general convention to be made public, to the end that the same, and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this eighteenth day of March, in the year of our Lord one thousand [1.8.] eight hundred and twenty-nine, and of the independence of the United States the fifty-third. ANDREW JACKSON.

[blocks in formation]

arms: and every body saw that a crisis was at hand. The ministry hoped the election of a submissive chamber, and used the most abominable means, by persecution and bribery, to obtain one. The electors were not to be dragooned or purchased, and nearly all the obnoxious members of the late chamber were re-elected, with many others holding like opinions-and the majority against the absolutism of the king was increased from about 40 to more than 100! The chambers had not yet met, and, of course, no act had been committed with which the king might be offended; but with unparalleled audacity, bordering on insanity, he dissolved the chamber, and commanded a new election, materially altering the laws on the subject, and striking off three-fourths of the voters; suspended the liberty of the press, and committed other outrages against the charter or the people, as will be seen in the details below-leading to a revolution, which, in this age of wonders, in the most wonderful of all that any man living has witnessed.

But we have not room for much speculation. The preceding brief remarks seemed necessary to introduce the important things which we are about to record, and these we have endeavored, at considerable labor, so to arrange, out of the great mass of matter before us, that the progress of events may be readily seen; and we have collected the scattered facts and brought them to the particular points where they belong, so far as we could.

From the Paris Moniteur of July 26.
CHARLES, &c. To all to whom these presents come

REVOLUTION IN FRANCE. Another revolution in France-another deposition of the Bourbons, and the establishment of another new dynasty, or a reign of the passions, has, for years, been expected by every intelligent observer of the elements of which the people and government of that country were composed. With all the horrors of the revolution, which cost Louis the 16th his life, and elevated one who had been an obscure individual to the united thrones-greeting. of imperial France and royal Italy, the people had gained many advantages over the civil and religious absolutism which existed under the ancient dominion. Roads, canals and education were attended to, the labor of the country was protected, and laborers honored—a stupid and filthy

Considering art. 50 of the constitutional charter. Being informed of the manœuvres which have been practised in many parts of our kingdom to deceive and lead astray the electors during the late operations of the electoral colleges.

Having heard our council, we have ordered and do, order,

Art. 1. The chambers of deputies of departments is
dissolved.

Art. 2. Our minister secretary of state for the interior
is charged with the execution of this ordinance.
Given at St. Cloud the 25th day of July, in the year
of our Lord 1830, and of our reign the sixth.
By the king.
CHARLES.

The peer of France, minister secretary of state for
the department of the interior.

The count PEYRONNET.

The following is the ordinance respecting the liberty of the press:

From the Paris Moniteur of July 25. CHARLES, &c. To all to whom these presents come -greeting.

Upon the report of our council of ministers, we have ordered and do order the following:

Art. 1. The liberty of the periodical press is suspended.

Art. 2. The dispositions of articles 1, 2, and 9 of titles 1, of the law of Oct. 21, 1814, are again put in force.

In consequence no journal or periodical or semi-periodical writing established or to be established, without distinction of matters treated by them, can appear, either at Paris, or in the departments, but by virtue of the authorization which the author and printer shall obtain from us separately. This authorization must be renewed every three months. It may be revoked.

Art. 3. The authorization may be provisionally granted and provisionally withdrawn by the prefects, to the journals and periodical or semi-periodical works published or to be published in the departments.

4. The journals and writings published in contravention of art. 2. shall be immediately seized. The presses and types which may have been used in printing them, shall be placed in a public depot under seal, or shall be put out of use.

5. No writing under twenty sheets shall appear without the authorization of our minister secretary of state of the interior at Paris, and of the prefects in the departments. Every writing of more than twenty sheets which shall not constitute a complete work of itself, shall be also required to be authorized, Writings published without authorization, shall be immediately seized. The presses and types which shall have been used in printing them shall be placed in a public depot and under seal, or put out of use.

6. Memoirs of learned or literary societies shall be submitted to the previous authorization, if they treat in the whole or in part of political matters, in which case the measures prescribed in art. S, shall be applicable to them.

7. Every disposition contrary to the present ordinance shall be void.

8. The execution of the present ordinance shall take place in conformity with the 4th article of the ordinance of the 27th Nov. 1816, and of what is prescribed by that of Jan. 18, 1817.

9. Our ministers secretaries of state shall be charged with the execution of the present ordinance. Given at our castle of St. Cloud, the 25th of July, 1830, and the sixth of our reign.

By the king.

CHARLES.

The president of the council of ministers.
Prince de POLIGNAC.

The keeper of the seals, minister secretary of state
and of justice,
The minister secretary of state tor the department
CHANTELAUZE,
of the finances,
The minister of ecclesiastical affairs and of public
MONTBEL.
instruction,

The count GUERNON RANVILLE,
The minister secretary of state of public works,
Baron CAPELLE,

Another ordinance of the same date is mentioned, making some important alterations in the laws of elections, to prevent, as is stated in the preamble, the manœuvres which have exercised a pernicious influence

over the late operations of the electoral colleges. And
pointed members of the council of state.
by two other ordinances still, several persons are ap
the charter, and limits the right of suffrage to about one-
respecting the election, is said to be in contravention of
The decree
these events, the Messenger des Chambres of July 26th,
fourth of the present number of electors. Speaking of

says:

believed, are to-day realized. In consequence of an ex"The measures, which yesterday were feared but not pose to the king, signed by all the ministers, which we shall give to-morrow, the Moniteur contains, and we tem and the periodical press; for on these depend all now publish the two ordinances upon the electoral systhe painful questions of the present moment.”

it would occupy room which had better be devoted to [We have a copy of the ordinance above alluded toother things, for its substance is sufficiently stated.]

REPORT TO THE KING,

dence with which your majesty had honored them if Sire-Your ministers would be unworthy the confi Paris, July 26, 1830. they longer delayed placing before you a concise statehighness the dangers arising from the periodical press. ment of our internal situation and to indicate to your

ation presented itself under a more serious and afflicting aspect. Notwithstanding a prosperity unexampled in At no period during the last fifteen years has this situ the annals of history, signs of disorganization and symptoms of anarchy are manifested upon almost every point of the kingdom.

the springs of the monarchial government, operate toThe successive causes which have conduced to weaken day to alter and change its nature-deprived of its moral vinces, maintained but an unequal contest against facforce, the civil authority within the capital and in the pro tions. Pernicious and subversive doctrines openly pro fessed are spread and propagated among all classes of our population-disquietudes too generally accredited quarters a guarantee is demanded for future security. agitate the public mind and torment society. From all

work to overturn the foundations of order and to deprive A maliciousness, active, ardent, indefatigable, is at France of the happiness which she enjoyed under the sceptre of her kings. Active in working discontent and stirring up hatred-it foments among the people a spirit of defiance and hostility against government, and seeks every where to sow the seed of discord and of civil war,

And, sire, recent events have already proved that po society, are beginning to be more generally felt, and to litical feelings confined heretofore to the higher ranks of excite the popular mass. They have proved also that this mass is not always agitated without danger to those even who strive to secure its repose.

the late electoral operations, confirm these statements, A multitude of facts collected during the course of not your majesty possess a power of remedying the evil. and afford a too certain presage of new commotions, did

necessity for order, force and permanency, and the dis-
To an attentive observer there every where exists a
sity, are in reality but the expression and testimony of
turbances which appear the most opposed to such neces-
it.
These agitations which cannot be increased without
great peril, are almost exclusively produced and excited
by the liberty allowed to the press. A law of elections
not less prolific in disorders, has without doubt concur
evidence of our senses not to see in the periodicals the
red, and assisted to maintain them; but we must deny the
comes daily more sensible as the origin of the calamities
principal focus of a corruption, the progress of which be-
which threaten the kingdom.

Experience, sire, speaks louder than theory, enlighten-
ed even without doubt, whose patriotism cannot be sus-
pected, carried away by the example of a neighboring
people, have believed that the advantages of the period-
ical press would be neutralized by contrary excesses.
determined.
It is not so-the proof is decisive and the question is now

from its nature must ever be, an instrument of disorder
At all epochs the periodical press has only been, and
and setlition.

« PrejšnjaNaprej »