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. 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. Oath. 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. When to meet and in session. ARTICLE IV. The said Commissioners shall assemble, within one year after the ratification of the "treaty of friendship, commerce, and how long to continue 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. Paraguay to pay any award of ARTICLE V. The Government of Paraguay hereby binds itself to pay to the Government of the United States of America, in the city of sioners in favor of Assumption, Paraguay, thirty days after presentation to said company. 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. Payment of Com ARTICLE VI. Each of the high contracting parties shall compensate the Commis sioner it may appoint the sum of money he may stipulate missioner and Um for his services, either by instalments 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. pire. 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. JAMES B. BOWLIN, [SEAL.] PARAGUAY, 1859. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PARAGUAY. CONCLUDED AT ASSUMPTION FEBRUARY 4, 1859; RATIFICATIONS EXCHANGED AT WASHINGTON MARCH 7, 1860. PROCLAIMED BY THE PRESIDENT OF THE UNITED STATES MARCH 12, 1860. In the name of the Most Holy Trinity. The Governments of the two Republics, the United States of America and of Paraguay, in South America, being mutually dis- Contracting parties. posed to cherish more intimate relations and intercourse than those which have heretofore subsisted between them, and believing it to be of mutual advantage to adjust the conditions of such relations by signing a "treaty of friendship, commerce, and navigation," for that object have nominated their respective Plenipotentiaries, that is to say: His Excellency the President of the United States of America has nominated James B. Bowlin, a Special Commissioner of the United States of America at Assumption, and His Excellency the President of the Republic of Paraguay has nominated the Paraguayan citizen, Nicolas Vasquez, Secretary of State and Minister of Foreign Relations of the Republic of Paraguay; Negotiators. Who, after having communicated competent authorities, have agreed upon and concluded the following articles: ARTICLE I. Amity, &c. There shall be perfect peace and sincere friendship between the Government of the United States of America and the Government of the Republic of Paraguay, and between the citizens of both States, and without exception of persons or places. The high contracting parties shall use their best endeavors that this friendship and good understanding may be constantly and perpetually maintained. ARTICLE II. Free navigation of The Republic of Paraguay, in the exercise of the sovereign right which pertains to her, concedes to the merchant flag of the citizens of the United States of America the free navigation of the the Paraguay. river Paraguay as far as the dominions of the Empire of Brazil, and of the right side of the Paraná throughout all its course belonging to the Republic, subject to police and fiscal regulations of the Supreme Gov Privileges to citi States. ernment of the Republic, in conformity with its concessions to the commerce of friendly nations. They shall be at liberty with their ships and cargoes, freely and securely to come to and to leave all the zens of the United places and ports which are already mentioned; to remain and reside in any part of the said territories; hire houses and warehouses, and trade in all kinds of produce, manufactures, and merchandise of lawful commerce, subject to the usages and established customs of the country. They may discharge the whole or a part of their cargoes at the ports of Pilar, and where commerce with other nations may be permitted, or proceed with the whole or part of their cargo to the port of Assumption, according as the captain, owner, or other duly authorized person shall deem expedient. In the same manner shall be treated and considered such Paraguayan citizens as may arrive at the ports of the United States of America with cargoes in Paraguayan vessels, or vessels of the United States of America. To citizens of Paraguay. Most favored nation. ARTICLE III. The two high contracting parties hereby agree that any favor, privilege, or immunity whatever, in matters of commerce or navigation, which either contracting party has actually granted, or may hereafter grant, to the citizens or subjects of any other State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, or in return for an equivalent compensation, if the concession shall have been condi tional. Duties, ARTICLE IV. No other or higher duties shall be imposed on the importation or exportation of any article of the growth, produce, or manufacture of the two contracting States than are or shall be payable on the like article being the growth, produce, or manufac ture of any other foreign country. No prohibition shall be imposed upon the importation or exportation of any article of the growth. produce, or manufacture of the territories of either of the two contracting parties into the territories of the other, which shall not equally extend to the importation or exportation of similar articles to the ter ritories of any other nation. ARTICLE V. No other or higher duties or charges on account of tonnage, light, or harbor dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall be imposed in any of the ports of the territories of the Republic of Paraguay on vessels of the United States of America than those payable in the same ports by Paraguayan vessels, nor in the ports of the territories of the United States of America on Paraguayan vessels, than shall be payable in the same ports by vessels of the United States of America. Duties on articles ARTICLE VI. The same duties shall be paid upon the importation and exportation of any article which is or may be legally importable or eximported in vessels portable into the dominions of the United States of America and into those of Paraguay, whether such importation or of or Paraguay. exportation be made in vessels of the United States of America or in Paraguayan vessels. ARTICLE VII. what of Paraguay. All vessels which, according to the laws of the United States of America, are to be deemed vessels of the United States of What are vessels America, and all vessels which, according to the laws of of United States and Paraguay, are to be deemed Paraguayan vessels, shall, for the purposes of this treaty, be deemed vessels of the United America and Paraguayan vessels, respectively. ARTICLE VIII. States of Citizens of the United States of America shall pay, in the territories of the Republic of Paraguay, the same import and export Import and export duties which are established or may be established hereafter duties. for Paraguayan citizens. In the same manner the latter shall pay, in the United States of America, the duties which are established or may hereafter be established for citizens of the United States of America. ARTICLE IX. Privileges of citi zens of each country in the territory of All merchants, commanders of ships, and others, the citizens of each country, respectively, shall have full liberty, in all the territories of the other, to manage their own affairs themselves, or to commit them to the management of whomsoever they the other. please, as agent, broker, factor, or interpreter; and they shall not be obliged to employ any other persons than those employed by natives, nor to pay to such persons as they shall think fit to employ any higher salary or remuneration than such as is paid in like cases by natives. The citizens of the United States of America in the territories of Paraguay, and the citizens of Paraguay in the United States of America, shall enjoy the same full liberty which is now or may hereafter be enjoyed by natives of each country, respectively, to buy from and sell to whom they like all articles of lawful commerce, and to fix the prices thereof as they shall see good, without being affected by any monopoly, contract, or exclusive privilege of sale or purchase, subject, however, to the general ordinary contributions or imposts established by law. The citizens of either of the two contracting parties in the territories of the other shall enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice for the prosecution and defence of their just rights; they shall enjoy, in this respect, the same rights and privileges as native citizens; and they shall be at liberty to employ, in all causes, the advocates, attorneys, or agents, of whatever description, whom they may think proper. ARTICLE X. In whatever relates to the police of the ports, the lading or unlading of ships, the warehousing and safety of merchandise, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, exchange, or testament, or in any other manner whatsoever, as also with regard to the administration of justice, the citizens of each contracting party shall enjoy, in the territories of the other, the same privileges, liberties, and rights as native citizens, and shall not be charged, in any of these respects, with any other or higher imposts or duties than those which are or may be paid by native citizens, subject always to the local laws and regulations of such territories. country in the terri In the event of any citizen of either of the two contracting parties Case of the death dying without will or testament in the territory of the other of a citizen of one contracting party, the Consul-General, Consul, or Vice-Contory of the other. sul, of the nation to which the deceased may belong, or, in his absence, the representative of such Consul-General, Consul, or ViceConsul, shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul-General, Consul, or Vice-Consul, or his representative. Compulsory mili tary service. ARTICLE XI. The citizens of the United States of America residing in the terri tories of the Republic of Paraguay, and the citizens of the Republic of Paraguay residing in the United States of America, shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans or military exactions or requisitions; and they shall not be compelled to pay any charges, requisition, or taxes other or higher than those that are or may be paid by native citizens. Consuls. ARTICLE XII. It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade, to reside in the territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the two contracting parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The Diplomatic Agentos and Consuls of the United States of America in the territories of the Republic of Paraguay, shall enjoy Their privileges, &c. whatever privileges, exemptions, and immunities are or may be there granted to the Diplomatic Agents and Consuls of any other nation whatever; and, in like manner, the Diplomatic Agents and Consuls of the Republic of Paraguay in the United States of America shal enjoy whatever privileges, exemptions, and immunities are or may be there granted to agents of any other nation whatever. Provisions in case of war. ARTICLE XIII. For the better security of commerce between the citizens of the United States of America and the citizens of the Republic of Paraguay, it is agreed that if at any time any interruption of friendly intercourse or any rupture should unfortunately take place be tween the two contracting parties, the citizens of either of the said contracting parties, who may be established in the territories of the other in the exercise of any trade or special employment, shall have the priv ilege of remaining and continuing such trade or employment therein without any manner of interruption, in full enjoyment of their liberty and property, as long as they behave peaceably and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals |