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OLIVENÇA INTERNATIONAL DISPUTE

"TREATIES GALORE"

Convent of St John of God

On this page are found excerpts from:
The Peace Treaty of 1668 (Lisbon)
The Spanish-Portuguese Treaty of 1715 (Utrecht)
The Portuguese-Spanish Treaty of 1793 (Madrid)
The (secret) Franco-Spanish Treaty of 1796 (Basle)
The Peace Treaties of 1801 (Badajoz and Madrid)
The Franco-Spanish Treaty of 1807 (Fontainbleu)
and the
The Anglo-Portuguese Alliance and Friendship Treaty of 1810 (Rio de Janeiro) - in full
The Spanish-Portuguese Treaty of Cadiz of 1810 (Cadiz)



Treaty of Peace (Lisbon) 1668

"Treaty of Peace between Portugal and Spain, putting an end to the War of Restoration (of Independence), signed in Lisbon on
13 February 1668".

Article II - And because of the good faith. with which this treaty of perpetual peace is undertaken, it does not allow itself to be concerned  about wars in the future, nor that either party, should be considered the better side; it has been agreed that it should be given back to Portugal the towns that during the war were taken by force of arms by the Catholic King (Carlos II), and to the Catholic King, the ones taken during the war by Portugal (Afonso VI) by the force of arms; with all their lands, and in such a manner, and limits, ... held before the war, and all the properties in their original state, will be returned to their former owners, or heirs, paying them for repairs, and essentials, though as such they cannot claim for damages attributed to the war, and the weapons of war shall remain in the towns as when they were first occupied.

And the people that lived there but chose not to stay, can take all their belongings and will be able to reap the fruits of what they had sown, when the peace is announced/published; this restitution of the towns will be made over 2 months, and will begin on the day Peace is declared.

Declare though, that with this restitution of towns, Ceuta is not included and will remain in the possession of the Catholic King, for the reasons that have been considered. And it is also declared, that the farms that may be under possession by another title and not through the war, their owners may freely take charge of them."


**

Between 1657 and 1668, Olivença had been occupied by Spanish forces. The whole Portuguese population had fled across the Guadiana to other portuguese towns on the west bank. They only returned to their homes in Olivença in 1668 after the Peace Treaty when the town and its territory was restored to Portugal. Under the terms of the treaty the towns of Plasencia and Alcantara were returned to Spain.

(From the book: "Collecção dos tratados, convenções...desde 1640 até ao presente" by Visconde Borges de Castro)


*

Spanish-Portuguese Treaty of 1715

Treaty between D. João V of Portugal and D. Filipe V of Spain, signed in Utrecht on 6 February 1715

Art II - As a consequence of this peace it will be completely forgotten all the hostilities committed up to the present time, so as that none of the "vassallos" of the two crowns have a right to require satisfaction from the damage suffered, whether through justice or any other way; nor can allege their losses be reciprocated to what they had in the war, forgetting everything in the past as though nothing had interrupted the friendship which has now been reestablished.

Art V - The towns, castles and cities, places, territories and fields belonging to the two crowns whether in Europe, or any part of the world will be restored entirely without reservation, should the boundaries and limits of the two Monarchies stay the same as before the present war.

Restoration (to be made), especially to the crown of Portugal, of Noudar Castle and its district, and the islet of Verdoejo, and the territory and colony of Sacramento ("Uruguay"), and to the crown of Spain the towns of Albuquerque and Puebla with their districts, etc, etc.

Art XIII - For the greater firmness, validity of this treaty it is confirmed once again, the other treaty (signed) between the two crowns on 13 February 1668.


*****

Portuguese-Spanish Treaty 1793

"Provisional Convention between Queen and Lady D. Maria I (Portugal) and D Carlos IV (Spain), for their mutual assistance against France signed in Madrid on 15 July 1793

Art 1 - To renew, as their Majesties Most Faithful and Catholic do the treaties of alliance and friendship that up to now have existed and will continue between them, and finding opportune to add some things for the events that may happen in the present war declared by France against Spain against all principles of reason and justice, etc,etc,

Art II - (Promise the two nations mutual help)

Art III - (Maritime ports are ceded to each other for mutual war objectives)

Art V - Their Most Faithful and Catholic Majesties reciprocally promise not to lay down their arms without first having obtained the restitution of all estates, islands, territories, cities. towns, castles, or places that have belonged to either power before the start of the war, and which the enemy may have taken possession during the course of the hostilities.

Art VI - The two nations offer one another mutual help in the event of either being attacked by another power".

Convention signed by:
D. Diogo de Noronha, Portugal
El Duque de la Alcudia, (D. Manuel Godoy), Spain
(Torre do Tombo - Spain - Box I,No. 13)

*Notes by Rui da Silva:

Manuel Godoy, however, decided, in the middle of the fighting in Roussillon, for Spain to sign a secret peace treaty with France on 18 August 1796, in which Portugal was excluded. Lisbon was thus left in the absurd situation, with its forces in a foreign land far away from its borders, now without her ally, who in fact had turned into her enemy!


*****

Franco-Spanish Treaty (secret) 18 August 1796 - Basle

"His Catholic Majesty will make use of his influence or his power to commit or compel Portugal to close its ports to the English, when war is declared; the Executive Directorate of the French Republic promises Spain all necessary forces for this purpose, if that power (Portugal) opposes the will of his Catholic Majesty".


From: "Excerptos Históricos e Colecção de Documentos Relativos à Guerra Denominada da Península e as Anteriores de 1801 e do Rosilhom e Cataluña" by Claudio de Chaby, Lisboa, 1863


* Notes by Rui da Silva

*Until 1801, Portugal remained in a perilous situation, always subjected to a possible attack. Hoping to placate a difficult enemy, the Portuguese government went as far as offering Manuel Godoy, the Spanish Prime Minister, the distinguished title of Count of Èvoramonte.


*****

*20 January 1801, a "secret" treaty is signed at Fontainbleu between Lucien Bonaparte of France and Manuel Godoy for Spain regarding a future partition of Portugal. Both powers then sent a joint ultimatum demanding that Portugal close its ports to English ships.

*27 February 1801, Carlos IV of Spain declares war on Portugal.

*20 May 1801, Spanish forces led by Manuel Godoy invade the Alentejo and by the 24 May a number of Portuguese frontier towns such as Portalegre, Castelo de Vide, Arronches, Ougela, Campo Maior, Barbacena, Olivença and Juromenha are taken.


*****

"PEACE TREATY" OF BADAJOZ 6 June 1801,
and MADRID (29 September 1801)

*Portugal, militarily an diplomatically weak, is forced to sign these treaties, by which the following concessions are made:

1. - Spain, takes possession of Olivença and "its territory from the Guadiana, should this form the border between the two kingdoms"

2. - Closes its ports to English ships

3. - Pays France an indemnity of 15 million pounds in silver

4. - Accepts French demands for the river Arawani to form Guiana's borders with Brazil.

The double treaties were drafted as one treaty and signed between Portugal and Spain, and between Portugal and France. The Preamble to the Treaty reads:

"...and having the Plenipotentiaries of the three belligerent powers reached an agreement, they decided to form two Treaties, though they are no more than one in their essential part, since the guarantee is reciprocal and none of them will be valid if there is any infraction of any of what is expressed in their Articles"

Article IV makes clear the unicity of the Treaties and is the grounds for Portuguese claims for its anulment in consideration of the events that happened in 1807.


More from the text of the Treaty of Badajoz:

Art. I - There will be peace and good relations between His Royal Highness the Prince Regent of Portugal and Algarves, and His Catholic Majesty the King of Spain, whether on land, sea, throughout their Kingdoms and Dominions, and all their properties, etc, etc,...

* Notes by Rui da Silva

(An English language account of these treaties, with further reasons for nullity, as well as the Treaty of Paris and the Congress of Vienna, are to be found at: www.geocities.com/CapitolHill/2382/fundirpi.htm)


*****

TREATY OF FONTAINBLEU, 1807

27 October 1807, a new treaty is signed between France and Spain whereby the occupation of Portugal by French and Spanish forces is planned, and its eventual division into 3 areas:-

1. - A "Kingdom of Lusitania" (between the river Douro and river Minho), to be given to the king of Etruria, the grandson of Queen Maria Luisa of Spain (wife of Carlos IV).

2. - The "Principality of the Algarves" (covering the whole of the Alentejo and the Algarve) to be given to Manuel Godoy.

3. - The rest of the country and its overseas territories would be divided up at a later agreement.


* Notes by Rui da Silva

The projected territory division of Portugal would only effectively happen when the country was occupied; and on the same day, and by the same powers, a private convention was signed by Carlos IV of Spain and 'emperor' Napoleon Bonaparte of France, in which was decided that Portugal would be invaded by a body of French troops, to be commanded by Junot, who would occupy Lisbon, and by 2 Spanish troop divisions, one to go to the "Kingdom of Lusitania" and the other to the "Principality of the Algarves", the first with its headquarters at Porto and the latter at Setúbal.

By signing the second Treaty of Fontainbleu and invading Portugal, Spain and France provoked the annulment of the Treaty of Badajoz in 1801, losing any rights which could have been acquired by Spain over Olivença. Late in 1810 the Regency Council of Spain agreed to the restitution of Olivença. In 1817, Spain ratified the Treaty of Vienna recognizing that Olivença was part of Portugal.

additional source:www.civila.com/portugal/olivença/TPARIS.HTM


*****

Treaty of Alliance and Friendship - Great Britain and the Portuguese Government, 1810

Treaty of Alliance and Friendship between the Prince Regent D. João of Portugal, and George III, King of Great Britain, signed in Rio de Janeiro on 19 February 1810, and ratified by Portugal, on 26 of said month, and by Great Britain, on 19 June of the same year.

"In the Name of the Most Holy and Undivided Trinity".

"His Royal Highness the Prince Regent of Portugal, and His Majesty the King of the United Kingdom of Great Britain and Ireland, being impressed with a sense of the advantage which the two Crowns have derived from the perfect harmony and friendship, which have existed between them during four centuries, in a manner equally honourable to the good faith, moderation and justice of both parties; and recognizing the important and happy effects which their mutual alliance has produced at the present crisis, during which His Royal Highness the Prince Regent of Portugal (firmly attached to the cause of Great Britain, as well by His own principies, as by the example of His August Ancestors) has continually received from His Britannic Majesty the most generous and desinterested support and succour, both in Portugal, and in His other dominions, have determined, for the benefit of Their respective States and subjects, to form a solemn Treaty of Friendship and Alliance, for which purpose His Royal Highness the Prince Regent of Portugal, and His Majesty the King of the United Kingdom of Great Britain and Ireland, have named for their respective Commissioners and Plenipotentiaries, to wit: His Royal Highness the Prince Regent, the most Illustrious and most Excellent Lord, Dom Rodrigo de Sousa Coutinho, Count of Linhares, Lord of Payalvo. Commander of the Order of Christ, Grand Cross of the Order of Saint Bento, and of the Order of the Tower and Sword, one of His Royal Highness's Council of State, and His Principal Secretary of State for the Departaments of Foreign Affairs and War; and His Britannic Majesty, the most Illustrious and most Excellent Lord Percy Clinton Sydney, Lord Viscount and Baron of Strangford, one of His Majesty's most Honourable Privy Council, Knight of the Miilitary Order of the Bath, Grand Cross of the Portuguese Order of the Tower and Sword, and His Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of Portugal, who, after having duly exchanged their respective full powers, have agreed upon the following Articles".

ART. I

"There shall be a perpetual, firm and unalterable friendship, defensive alliance and strait and inviolable union between His Royal Highness the Prince Regent of Portugal, His heirs and successors, on the one part, and His Majesty the King of the United Kingdom of Great Britain and Ireland, His heirs and successors, on the other part; as also between and amongst Their respective Kingdoms, Dominions, Provinces, Countries and Subjects; so that the High Contracting Parties shall constantly employ, Their utmost attention, as well all their means which Almighty Providence has put in Their power, for preservíng the public tranquillity and security, for maintaining Their common interests, and for Their mutual defence and guarantee against every hostíle attack, the whole in conformity to the Treaties already existing between the High Contracting Parties, the stipulations of which, so far as the points of alliance and friendship are concerned, shall remain entirely in force and vigour, and shall be deemed to be renewed by the present Treaty in their fullest interpretation and extent".

Secret Articles

ART. I

"His Britannic Majesty intends to employ His good offices and interposition with the Ottoman Port and with the Regencies of Algíers, Trípoli and Tunis, and generally with all the States upon the Coast of Barbary, to the end that His Royal Highness the Prince Regent of Portugal may be enabled to conclude a just and lastíng peace with those Powers, and that the commerce and navigation of His Royal Highnesses subjects be not any longer interrupted or endangered by acts of hostility on the part of either of those Princes and Powers, or of their subjects".

ART. II

"His Britannic Majesty is desirous to give a proof of that friendship and consideration for His old Ally the Prince Regent of Portugal, which His Majesty has never ceased to cherish, commits and promises to employ His good offices and interposition to obtaín the restitution to the Crown of Portugal of the Terrítories of Olivença and Jurumenha, and also, whenever a general peace shall be negotiated, to aid and support wíth all His influence the endeavours which may then be made by the Court of Portugal, to procure the reestablishment of the ancient limits of Portuguese America on the side of Cayenne, according to the interpretation which Portugal has constantly given to the stípulations of the Treaty of Utrecht".

"And ín return for this mark of friendship on the part of His Britannic Majesty, His Royal Highness the Prince Regent of Portugal commits to cooperate effectually in the cause of humanity, so gloriously sustained by His Britannic Majesty, by strictly prohibiting and entirely abolishing all trade and traffic in slavery, ín and at the settlements of Bissau and Cacheu; and Ris Royal Highness does moreover promise to cede the said settlements of Bissau and Cacheu to His Britannic Majesty in full sovereignty for the apace of fifty years, ín consideration of receivíng a reasonable compensation in money, or otherwise, to be determined hereafter between the two Courts; reservíng however to Himself the right of resuming possession of the said settlements and to the referred term of fifty years, and retaining for His subjects the líberty of trading and dealing wíth the said settlements in all artícles whatsoever, exceptíng slaves, whích commerce is to be abolíshed and prohibited for ever, nor is it to be renewed after the expiration of the above-mentioned term of fifty years. But it is to be understood, that the execution of the second clause of this secret Article, that is, the cession of Bissau and Cacheu to His Brítannic Majesty, is to depend entirely upon the execution of the first clause thereof, that is, upon the full and entire restitution to the Crown of Portugal, by the Crown of Spain, of the Territories of Olivença and Jurumenha, and upon the reestablishment of the ancient limíts of Portuguese America on the side of Cayenne; and consequently that this secret Article is either to be executed totally and ln all its parts, or to remain null and void, in case the stipulations of the first clause of it should not be duly fulfílled".

"It is agreed and declared, that the present secret Articles shall have the same force and value as if they were actually inserted in the present Treaty, word for word, and the ratifications thereof shall be duly exchanged at the same time and in the same form".

"In witness whereof, we the undersigned, Plenipotentiaries of His Royal Highness the Prince Regent of Portugal and of His Britannic Majesty, by virtue of our respective full powers, have signed the present secret Articles with our hands, and have caused the seals of our arms to be set thereto".

"Signed in the City of Rio de Janeiro, on the l9th day of February, in the year of Our Lord, 1810".


*****

Treaty of Cadiz 1810 - ART. IV: Signed by D. Eusebio de Bardaxi y Azara for Spain and D Pedro de Sousa e Holstein for Portugal

"A fin de borrar enteramente la memoria de las fanesias disensiones, que existian entre las dos monarquias, contra los intereses de ambas, consiente el gobierno español en que la ciudad de Olivenza, su territorio y dependencias sean reunidas de nuevo à perpetuidad à la corona de Portugal."

English Translation:"So as to wipe out entirely the memory of the persistent discord, that has existed between the two monarchies. against each other's interests, the government of Spain agrees that the city of Olivença, its territory and dependencies be reunited again in perpetuity to the crown of Portugal"

Rui A.M. da Silva