in annual installments on the thirty-first day of January in each year, to an amount not exceeding three hundred thousand dollars, in gold or its equivalent, in any one year, until the whole shall have been paid. ARTICLE III. The present Convention shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. In witness whereof the above-named Plenipotentiaries have signed the same and affixed thereto their respective seals. Done in Washington, the twenty-ninth day of April, in the year one thousand eight hundred and seventy-six. [SEAL.] [SEAL.] HAMILTON FISH. IGNO. MARISCAL. PARAGUAY. Convention for the settlement of claims of the "United States and Paraguay Navigation Company." [Concluded February 4, 1859; ratifications exchanged at Washington, March 7, 1860; proclaimed March 12, 1860.] His Excellency the President of the United States of America, and His Excellency the President of the Republic of Paraguay, desiring to remove every cause that might interfere with the good understanding and harmony, for a time so unhappily interrupted, between the two nations, and now so happily restored, and which it is so much for their interest to maintain; and desiring for this purpose to come to a definite understanding, equally just and honorable to both nations, as to the mode of settling a pending question of the said claims of the "United States and Paraguay Navigation Company -a company composed of citizens of the United States-against the Government of Paraguay, have agreed to refer the same to a special and respectable commission, to be organized and regulated by the convention hereby established between the two high contracting parties; and for this purpose they have appointed and conferred full powers, respectively, to wit: His Excellency the President of the United States of America upon James B. Bowlin, a Special Commissioner of the said United States of America, specifically charged and empowered for this purpose; and His Excellency the President of the Republic of Paraguay upon Señor Nicholas Vasquez, Secretary of State and Minister of Foreign Affairs of the said Republic of Paraguay; Who, after exchanging their full powers, which were found in good and proper form, agreed upon the following articles: ARTICLE I. The Government of the Republic of Paraguay binds itself for the responsibility in favor of the "United States and Paraguay Navigation Company," which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows: ARTICLE II. The two high contracting parties, appreciating the difficulty of agreeing upon the amount of the reclamations to which the said company may be entitled, and being convinced that a commission is the only equitable and honorable method by which the two countries can arrive at a perfect understanding thereof, hereby covenant to adjust them accordingly by a loyal commission. To determine the amount of said 5627-VOL. 5—25 reclamations, it is, therefore, agreed to constitute such a commission, whose decision shall be binding, in the following manner: The Government of the United States of America shall appoint one Commissioner, and the Government of Paraguay shall appoint another; and these two, in case of disagreement, shall appoint a third, said appointment to devolve upon a person of loyalty and impartiality, with the condition that in case of difference between the Commissioners in the choice of an Umpire, the diplomatic representatives of Russia and Prussia, accredited to the Government of the United States of America, at the city of Washington, may select such Umpire. The two Commissioners named in the said manner shall meet in the city of Washington, to investigate, adjust, and determine the amount of the claims of the above-mentioned company, upon sufficient proofs of the charges and defences of the contending parties. ARTICLE III. The said Commissioners, before entering upon their duties, shall take an oath before some judge of the United States of America that they will fairly and impartially investigate the said claims, and a just decision thereupon render, to the best of their judgment and ability. ARTICLE IV. The said Commissioners shall assemble, within one year after the ratification of the "treaty of friendship, commerce, and navigation" this day celebrated at the city of Assumption between the two high contracting parties, at the city of Washington, in the United States of America, and shall continue in session for a period not exceeding three months, within which, if they come to an agreement, their decision shall be proclaimed; and in case of disagreement, they shall proceed to the appointment of an Umpire as already agreed. ARTICLE V. The Government of Paraguay hereby binds itself to pay to the Government of the United States of America, in the city of Assumption, Paraguay, thirty days after presentation to the Government of the Republic, the draft which that of the United States of America shall issue for the amount for which the two Commissioners concurring, or by the Umpire, shall declare it responsible to the said company. ARTICLE VI. Each of the high contracting parties shall compensate the Commissioner it may appoint the sum of money he may stipulate for his services, either by installments or at the expiration of his task. In case of the appointment of an Umpire, the amount of his remuneration shall be equally borne by both contracting parties. ARTICLE VII. The present convention shall be ratified within fifteen months, or earlier if possible, by the Government of the United States of America, and by the President of the Republic of Paraguay within twelve days from this date. The exchange of ratifications shall take place in the city of Washington. In faith of which, and in virtue of our full powers, we have signed the present convention in English and Spanish, and have thereunto set our respective seals. Done at Assumption, this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine, being the eighty-third year of the Independence of the United States of America, and the fortyseventh of that of Paraguay. [SEAL.] [SEAL.] JAMES B. BOWLIN. Treaty of limits between the Argentine Republic and Paraguay. [Signed at Buenos Ayres, February 3, 1876; ratifications exchanged at Buenos Ayres, September 13, 1876.] [Translation.] The undersigned Ministers Plenipotentiary of Paraguay and of the Argenrine Republic, named by their respective Governments in order to conclude the Boundary Treaty now pending between both Republics, having exchanged their full powers and having found them in good and due form, agreed as follows: ART. I. The Republic of Paraguay is divided from the Argentine Republic on the east and on the south by the mid-channel of the main stream of the River Paraná from its confluence with the River Paraguay to the limits of the Empire of Brazil on its left bank; the island of Apipi belonging to the Argentine Republic, and the island of Yacireta to that of Paraguay, as declared by the Treaty of 1856.1 II. On the west the Republic of Paraguay is divided from the Argentine Republic by the mid-channel of the main stream of the River Paraguay from its confluence with the river Paraná; the territory of "El Chaco," as far as the main channel of the River Pilcomayo, which falls into the River Paraguay, in latitude 25° 20′ south, according to Mouchez' map, and 25° 22′ according to that of Brayer, being definitively recognized as belonging to the Argentine Republic. III. The Island of Atajo or Cerrito belongs to the dominion of the Argentine Republic. The remaining permanent or temporary islands to be met with in either of the Rivers Paraná and Paraguay belong to the Argentine Republic or to that of Paraguay according to their position with reference to one or the other Republic, in conformity with the prinThe channels ciples of international law which guide such matters. existing between the said islands, including that of Cerrito, are common to the navigation of both States. IV. The territory comprised between the main arm of the Pilcomayo and Bahia Negra shall be regarded as divided into two sections, the first being that comprised between Bahia Negra and the River Verde, which is situated in latitude 23° 10' south, according to Mouchez' map; and the second, that comprised between the said River Verde and the main arm of the Pilcomayo; the Villa Occidental being included in this section. The Argentine Government definitively renounces all pretension or right over the first section. The proprietorship or right over the territory of the second section, including Villa Occidental, is submitted to arbitration for final decision. V. The two High Contracting Parties agree to name his Excellency the President of the United States of North America as Arbitrator, to decide on the right of sovereignty over the second section of territory, referred to in the foregoing Article. VI. Within a period of 60 days from the ratification of the present Treaty, the High Contracting Parties shall address themselves jointly or separately to the Arbitrator aforenamed in order to solicit his acceptance (of that office.) 1 Br. and For. State Papers, XLVI. 1305. VII. If his Excellency the President of the United States should not accept the office of Judge of Arbitration, the Contracting Parties must agree to choose another arbitrator within 60 days from the receipt of his refusal; and if either Party should fail to attend within the period fixed upon for nomination, this shall be understood to have been definitively made by the Party which attended and gave notice thereof to the other. In this case, the decision which may be given by the Arbitrator shall be as fully binding as if he had been named by the mutual consent of both Parties, forasmuch as the abstention of one of them from the act of nomination will imply that it delegates this right to the other. A like period of 60 days, and the same conditions, shall hold good in the event of further refusal ("escusaciones"). VIII. The Arbitrator being named, the Government of Paraguay and that of the Argentine Republic shall, within the term of 12 months, reckoning from the time of his acceptance of the office, submit to him memorials embodying an exposition of the rights which each may consider itself to possess with reference to the territory in question, together with all documents, titles, maps, quotations, references, and whatsoever may be deemed by either favourable to its views; it being understood that, upon the expiry of the aforesaid period of 12 months, the discussion shall be brought to a final close by both Parties, whatsoever reason may be adduced to the contrary. Upon the expiration of the term (above-named) it shall be in the power of the arbitrator alone to call for such additional documents or titles as may by him be deemed necessary in order to assist him in deciding or in grounding the verdict which he is called upon to pronounce. IX. If within the term stipulated either of the Contracting Parties should fail to present the memorials, titles, and documents in support of his claims, the Arbitrator shall pronounce his decision having due regard to those which may have been produced by the other party and to the memoranda presented by the Paraguayan Minister and by the Argentine Minister in the year 1873, and the remaining diplomatic documents exchanged during the negotiations of the aforesaid year. If neither should have presented them, the Arbitrator shall give his decision; and in such case he shall regard the above-mentioned as sufficient explanation and proof. Either Contracting Government can present the documents to the Arbitrator. X. In the cases provided for in the foregoing Articles, the decision which may be given shall be final and binding on both Parties, without the power of giving any reason for objecting to its execution. XI. It is agreed that, from the commencement of deciding, on the part of the Arbitrator, and until the termination, no alteration shall be made in the question submitted for arbitration; and that if any act of ownership be committed prior to decision being given, such act shall have no value whatever, nor be considered in the discussion to constitute a fresh title. It is equally agreed that the fresh concessions which shall be made by the Argentine Government in Villa Occidental, shall not be invoked as a title in its favour, but as simply implying the continuation of the jurisdiction exercised by it at the present time, and which shall continue until the Arbitrator's decision be pronounced, in order not to jeopardize the position of that locality to the prejudice of the State to which it may definitively be awarded. XII. It is agreed that, if the Arbitrator's decision should be in favour of the Argentine Republic, it shall respect the rights of property and possession of the Republic of Paraguay, and shall indemnify the latter for its public buildings; and should it be in favour of Paraguay, the latter shall equally respect the rights of possession and property of the Argentine Government, indemnifying likewise the Argentine Republic for the value of its public buildings. The amount of such indemnity, and the form of its payment, shall be determined by the commissioners named by the Contracting Parties, six months subsequent to a decision being pronounced by the Arbitrator. In the event of disagreement between these two Commissioners, they shall themselves name a third to settle the dif ference. XIII. The surveys of territories made by the two countries shall not nullify those rights or titles which, directly or indirectly, may be held as regards the territory subject to arbitration. XIV. The exchange of ratifications of the present Treaty shall take place in the city of Buenos Ayres within the shortest possible period. In faith whereof the Plenipotentiaries have signed the present Treaty in duplicate, and affixed their seals in the city of Buenos Ayres, this 3d day of February 1876. Convention providing for the submission to arbitration of the claims of the owners of the "Lizzie Thompson" and "Georgiana," against Peru. [Concluded December 20, 1862; ratifications exchanged at Lima, April 21, 1863; proclaimed May 19, 1863.] Whereas differences having arisen between the United States of America and the Republic of Peru, originating in the capture and confiscation by the latter of two ships belonging to citizens of the United States, called the Lizzie Thompson and Georgiana; and the two Governments not being able to come to an agreement upon the questions involved in said capture and confiscation, and being equally animated with the desire to maintain the relations of harmony which have always existed, and which it is desirable to preserve and strengthen between the two Governments, have agreed to refer all the questions, both of law and fact, involved in the capture and confiscation of said ships by the Government of Peru, to the decision of some friendly Power; and it being now expedient to proceed to and regulate the reference as above described, the United States of America and the Republic of Peru have for that purpose named their respective Plenipotentiaries, that is to say: The President of the United States has appointed Christopher Robinson, their Envoy Extraordinary and Minister Plenipotentiary to Peru, and the |