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name of the government which each represents, to submit to the arbitration of His Majesty the King of Belgium, the pending question between them, respecting the legality or illegality of the above referred to capture of silver in coin and in bars, made on the ninth day of May, 1821, by order of Lord Cochrane, Vice Admiral of the Chilean squadron, in the valley of Sitana, in the territory of the former Vice Royalty of Peru, the proceeds of sales of merchandise imported into that country in the brig Macedonian belonging to the merchant marine of the United States of America.

Therefore the above-named ministers agree to name His Majesty the King of Belgium as arbiter, to decide with full powers and proceedings ex æquo et bono, on the following points:

First. Is, or is not, the claim which the Government of the United States of America makes upon that of Chile, on account of the capture of the silver mentioned in the preamble of this convention, just in whole or in part?

Secondly. If it be just in whole or in part, what amount is the Government of Chile to allow and pay to the Government of the United States of America, as indemnity for the capture?

Thirdly. Is the Government of Chile, in addition to the capital, to allow interest thereon; and, if so, at what rate and from what date is interest to be paid?

The contracting parties further agree that His Majesty the King of Belgium shall decide the foregoing questions upon the correspondence which has passed between the representatives of the two governments at Washington and at Santiago, and the documents and other proofs produced during the controversy on the subject of this capture, and upon a memorial or argument thereon to be presented by each.

Each party to furnish the arbiter with a copy of the correspondence and documents above referred to, or so much thereof as it desires to present, as well as with its said memorial, within one year at furthest from the date at which they may respectively be notified of the acceptance of the arbiter.

Each party to furnish the other with a list of the papers to be presented by it to the arbiter, three months in advance of such presentation.

And if either party fail to present a copy of such papers, or its memorial, to the arbiter, within the year aforesaid, the arbiter may make his decision upon what shall have been submitted to him within that time.

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The contracting parties further agree that the exception of prescription, raised in the course of the controversy, and which has been a subject of discussion between their respective governments, shall not be considered by the arbiter in his decision, since they agree to withdraw it and exclude it from the present question.

Each of the governments represented by the contracting parties is authorized to ask and obtain the acceptance of the arbiter; and both promise and bind themselves in the most solemn manner to acquiesce in and comply with his decision, nor at any time thereafter to raise any question directly or indirectly connected with the subject-matter of this arbitration.

This convention to be ratified by the governments of the respective contracting parties, and the ratifications to be exchanged within twelve months from this date, or sooner, if possible, in the city of Santiago.

In testimony whereof, the contracting parties have signed and sealed this agreement in duplicate, in the English and Spanish languages, in Santiago, the tenth day of the month of November, in the year of our Lord, one thousand eight hundred and fifty-eight. [Here follow signatures.)

No. 33

PARAGUAY-UNITED STATES Convention for the arbitration of the claims of the United States and

Paraguay Navigation Company."-Signed at Asunción, February 4, 1859 1

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

1 English: Proclamation of the President of the United States of March 12, 1860. Spanish: Archivo Diplomático y Consular del Paraguay, vol. I, p. 137.

Ratified by the United States, March 7, 1860; ratifications exchanged at Washington March 7, 1860.

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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 Nicolas 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 reclamations, it is, therefore, agreed to constitute such a commission, whose decision shall be binding, in the following


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.

1 The phrase "against the Government of Paraguay (contra el Gobierno del Paraguay)" is omitted in the Spanish source, but evidently this was a mere oversight.

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 Asunción 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 Asunción, 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 pay to the commissioner it may appoint the sum of money which he may stipulate 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.

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 whereof, 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 Asunción, this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine, being the eightythird year of the independence of the United States of America, and the forty-seventh of that of Paraguay. [Here follow signatures.]

No. 34


Provision for general arbitration, in a treaty of friendship, commerce, and navigation.Signed at Carácas, April 1, 1859

ARTICLE XXXIX The Republics of Peru and Venezuela, desiring to render as permanent as circumstances permit the mutual relations that for some time have existed between them, agree to the following:

First. This treaty of friendship, commerce and navigation shall be perpetual so far as the provision of the first article is concerned; and with respect to the rest, it shall be in force for the term of ten years, reckoned from the day when the ratifications shall be exchanged. But if neither of the parties should officially notify the other one year before the expiration of that term of its intention to have the treaty terminate, it shall continue to be obligatory for both parties, until the lapse of one year after any day on which such notification shall be made by one of them.

Secondly. If one or more citizens of one of the contracting parties should violate any of the articles of this treaty, he, or they, shall be personally responsible therefor, without the harmonious relations between the two nations being interrupted thereby, each of the said parties assuming the obligation not to protect the offenders in any way nor sanction or authorize the violation.

1 Spanish: Aranda, Tratados del Perú, vol. XII, p. 623.

No certain evidence is at hand whether this was or was not ratified. Aranda makes no comment concerning it, although he usually gives such information. The treaty is not included in Tratados Públicos de Venezuela, 1910.

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