76


FOREIGN RELATIONS.


   The report of the minister for foreign affairs of Brazil, for 1864, con-
tains the following:
  The armament of this island has neither been prevented nor permitted. 
    There
was only one voice, one accord, (agreement,) between the contracting parties
to obtain
from that one %vhich should be in possession of the island the consent to
its neutraliza-
tion in time of war.
  It (Brazil) did not demand, however, -nor could it demand (exigir) from
that govern-
ment (Buenos Ayres) the disarming of the island, the conditions of which
are still to
be regulated, by common agreement, between the Riverine States and the powers
which
signed the treaties of July 10, 1853.

   The government of Buenos Ayres appears to have always claimed the
right to occupy and arm the island of Martin Garcia, as though it were
any other part of Argentine territory, though asserting at the same time
that this was done solely as a measure of defense,. and not with any
view of embarrassing the free navigation of rivers.
        I am, &c.,
                                         RICHARD CUTTS SHANNON.



                          [Inclosure 1 in No. 148.-Translation.]

Treaty of commerce and navigation between Brazil and the Oriental Republic
of truguay,
                       signed at Rio de Janeiro October 12, 1851.
  ART. XVIII. The high contracting parties, recognizing that the island of
Martin Gar-
cia can, by its position, serve to embarrass and4impede the free navigation
of the
confluents of the river Plate, in which all the riverine states are interested,
likewise
recognize the convenience of the neutrality of that island in time of war,
whether
said war be carried on between the Platine States or between one of them
and any
other power, and this for the common good as well as a guarantee of the navigation
of said rivers; and they therefore agree:
  1st. In opposing, by every nleans in their power, that the sovereignty
of the island
of Martin Garcia shall pass from the possession Of one of the Platine States
interested
in its free bavigation.
  2d. In soliciting the concurrence of the other Riverine States, in order
to obtain from
that one to which the possession and sovereignty of the island belong, or
may hereaf-
ter belong, that it shall be made a matter of obligation not to use the island
to embar-
rass the free navigation by other Riverine States; to consent to its neutrality
in time:
of war, as well as to the formation of establishments which may be necessary
for the
security of the interior navigation of all the Riverine States.



                          [Inclosure 2 in No. 148.-Translation.]

Foot-note on page 324 of the third volume of the work of Antonio Pereira
Pinto, entitled
  "Apontamentos Para o Direito Internacional,' said note referring to
the Brazilian inter-
  pretation of Article XVIII, translated in the preceding inclosure.
  The dispositions of this article, although repeated in the treaty of March,
1856, with
the Argentine Republic, and in those treatiesl entered into at San Josd de
Flores in
July, 1853, between that republic, France, Engl-and, and the United States,
have not
been observed on the part of Buenos Ayres. In ,18-9 -that city, being separated
from
the rest of the confederation, and engaged in a strunggle with it, proceeded
to arm the
island of Martin Garcia. In 1862, when. the rupture of relations occurred
between Uru-
guay and the Argentine Republie,'the arming againý commenced. On both
occasions
complaints were addressed to the imperial goveurnment, whose interference
was solic-
ited to secure the fulfillment of the stipulations set forth in existing
treaties, but Brazil
did no more than lend the 'intervention of. her good offices, and it is affirmed
in the re-
port of 1864 in* regard to tshis mnatter that, by thee Stipuatiousabove cited,
the arming
of that island was neither'pre'vented nor permitted, ,inasmuch as.there was
but one
  * Of Brazilian minister of foreign affairs, vide translation of passage
in Annex F of this dispatch.