[Inclosure in No. 45.]
Decree No. 1560, of October 10th, 1893, concerning
vessels and forts under the control of those engaged in the revolt
of the 6th of September last, or that may hereafter join said
revolt.
Whereas the national flag symbolizes and expresses the juridical
personality of the Union, the perpetuity and integrity of the country,
and its international sovereignty;
Whereas the national sovereignty extends to those vessels only that have
a legal right to hoist the flag, which is the emblem of the natural and
patriotic tie that binds them to the territory of the Republic and to
the constitutional organs of sovereignty;
Whereas the right to use the national flag includes juridical protection,
and, in the case of vessels of war, the representation of the armed
force of the nation;
Whereas the land and sea forces, which are permanent national
institutions, designed to defend the country abroad and to uphold the
laws at home, are under obligations to maintain our constitutional
institutions;
Whereas unmindful of their constitutional functions some of the vessels
belonging to our national navy took possession of certain merchant
vessels, armed them for war, and have since the 6th of September last
committed all sorts of hostilities against the constitutional
Government, the inoffensive people of Brazil, and both public and
private property;
Whereas they have thus trampled upon the constitution, and by continuing
to use the national flag have appropriated a symbol and emblem which
they have no right to use, and under its shadow have committed criminal
acts;
Whereas it is the duty of the Executive, in the exercise of the functions
with which he is invested by the constitutionally expressed will of the
nation, to maintain
[Page 60]
unimpaired
the international juridical personality of the Republic and to protect
the honor of the national flag;
Now, therefore, the Vice-President of the Republic of the United States
of Brazil hereby decrees as follows:
- Article 1. For all effects of
public, private, and international law the vessels and forts
designated below are hereby declared to have forfeited their
immunities, privileges, and prerogatives, together with the
protection of the national flag.
- (a)
- Those vessels of war which, on the 6th of September
last, under the leadership of Rear-Admiral Custodio José
de Mello, revolted in the bay of Rio do Janeiro against
the constitution of the Republic and the
legally-constituted authorities;
- (b)
- Those merchant vessels which have been armed for war
by the organizers of the revolt, and now are so armed,
together with all other vessels of any kind whatever
that are in their service;
- (c)
- Those forts that are aiding the revolt.
- Art. 2. All vessels and forts,
whether permanent or temporary, that shall hereafter take part
in the revolt, shall immediately become subject to the above
provisions, without the necessity of any express declaration to
that effect by the Government.
- Art. 3. All legal provisions at
variance with the foregoing are hereby repealed.
- Floriano Peixoto.
- Firmino Chaves,
Minister of Marine.
- Fernando Lobo,
Minister of Justice and of the
Interior.
- Carlos Augusto de
Carvalho,
Minister of Foreign
Relations.
- Joao Felippe Pereira,
Minister of Industry, Internal
Communication, and Public Works.
- Felisbello Freire,
Minister of Finance.
Done at the Federal capital, October the tenth, 1893, the 5th year of the
Republic.
