on the day following (text in Perez Uribe, Coleccion de tratados, I, 70-77; see Rowe, The Federal System of the Argentine Republic, 44-54).

Article 35 of the Argentine Constitution of 1860 reads as follows in translation (for the text of the Constitution, see Códigos de la República Argentina, 7-28):

The appellations United Provinces of the Rio de la Plata, Argentine Republic, Argentine Confederation, successively adopted from 1810 to the present, shall in the future be, without distinction, official names for the designation of the Government and territory of the Provinces; but the words "Argentine Nation" shall be used in the drafting and approval of the laws.

This treaty of July 10, 1853, and the one following (Document 161), also with the Argentine Confederation, the Treaty of Friendship, Commerce, and Navigation signed at San José July 27, 1853, are so intimately connected in respect both of time and circumstance that the two are considered together in these editorial notes.

Neither of the two treaties contains any clause of termination or denunciation; and both remain (January 1, 1941) in force.

For convenience of reference in connection with these notes, a map of the "River System of the Rio de la Plata" faces this page.

THE PLACES OF SIGNATURE

While the two treaties of July 10 and July 27, 1853, are of the same month and were, in fact, signed on dates only two weeks apart, their respective places of signature were some 150 miles distant from each other as the crow flies.

San José de Flores, where the treaty of July 10, 1853, was signed (on July 13) was a quinta or country house, the headquarters of General Justo José de Urquiza, the Provisional Director of the Argentine Confederation; it was a short distance outside the limits of the time of the city of Buenos Aires (now within the city limits); this description is from the account of Lieutenant Thomas Jefferson Page, U.S.N.,1 of his call there on May 27, 1853 (Page, La Plata, the Argentine Confederation, and Paraguay, 39-40):

I expressed this wish to Mr. Pendleton, who immediately offered to call with me at San José de Flores, a quinta but a short distance beyond the suburbs of the city, where General Urquiza held his head-quarters.

Having obtained the necessary permission, granted only to the representatives of foreign powers, we started for San José, accompanied by Mr. Schenck.3 After riding through many barricaded streets, a ponderous gate swung back to give us egress; in_going through which, we passed over a subterranean mine with train laid. The marks of war were upon the deserted and battered houses, which, standing between the line of the besieging army and city, had suffered in the skirmishing that occasionally took place. After riding a mile and a half in the country, we observed a group of officers lounging before a quinta. There was little of the pomp and circumstance of war about the quarters of Urquiza, and yet he commanded an effective army of gauchos.

1 Commander from September 14, 1855.

2 John S. Pendleton, Chargé d'Affaires at Buenos Aires. Robert C. Schenck, Minister at Rio de Janeiro.

San José, Province of Entre Rios, the place of signature of the treaty of July 27, 1853, was the seat of the estancia of General Urquiza, about eighteen miles from Concepción del Uruguay. That estate of Urquiza was of enormous extent; a very readable account of it, with illustrations, is in the work last cited (pp. 52-59). Therefrom these few passages are excerpted:

Throughout the whole distance [fifty miles] since leaving Gualaguaychu we had been driving through his estancia, which extended some ten miles farther, embracing in one unbroken section of Entre Rios several hundred square miles. The soil is highly fertile, and the cattle, horses, mules, and sheep are superior to those of any other province in the Confederation. A part of this estate was tenanted out, and is appropriated almost exclusively to grazing; but a fine field of wheat and thriving nursery of fruit-trees proved its equal adaptation to agriculture.

His dwelling is built of stone, and in the massive style of the houses of Buenos Ayres. It is of one story, forms a quadrangle of about eighty feet, and contains eight or ten spacious and lofty rooms: from the roof rose two handsome turrets, commanding extensive views of his estancia. In every direction, his own lands extended far beyond the horizon; and this was only one of several estates. Within a few miles of his house he had forbidden his grounds to all sportsmen; consequently, herds of deer, ostriches, and innumerable partridges, large and small, were seen in every direction. I counted as many as fifty ostriches in a flock, some of them in the court of the dwelling, and as tame as barndoor fowls.

THE FILE PAPERS

The papers in the file of the treaty of July 10, 1853, are the signed original of the treaty, with the English version written on the left pages and the Spanish on the right; the attested resolution of the Senate of June 13, 1854; the duplicate United States instrument of ratification of July 5, 1854; the final instrument of ratification of the Argentine Confederation, with the included text of the treaty written in two columns, the Spanish at the left, dated December 20, 1854; the act or procès-verbal of the exchange of ratifications, in Spanish, also dated December 20, 1854; and the original proclamation of April 9, 1855.

The papers in the file of the treaty of July 27, 1853, include the signed original of the treaty, with the English version written on the left pages and the Spanish on the right; the attested resolution of the Senate of June 13, 1854; the duplicate United States instrument of ratification of June 29, 1854; the final instrument of ratification of the Argentine Confederation, with the included text of the treaty written in two columns, the Spanish at the left, dated December 20, 1854; the act or procès-verbal of the exchange of ratifications, in Spanish, also dated December 20, 1854; and the original proclamation of April 9, 1855.

Later in these editorial notes, under the heading "The Exchange of Ratifications", are printed in translation each of the final Argentine ratifications and one of the two acts of exchange, which are very similar in form.

THE FULL POWERS

The joint and several full power to the Plenipotentiaries of the United States, Robert C. Schenck, Minister to Brazil, and John S. Pendleton, Chargé d'Affaires to the Argentine Confederation,' of April 27,1852, served for the negotiation and signing of the two treaties of July 10 and 27, 1853. It was of customary form, and its text is printed below, under the heading "Instructions".

No copy of the full power to the Argentine Plenipotentiaries for the treaty of July 10, 1853, is available. Schenck wrote regarding it as follows (D.S., 20 Despatches, Brazil, No. 72, August 22, 1853):

In the case of the Treaty of San José de Flores, there was but one general Power given to the Argentine Plenipotentiaries, authorizing them to treat alike with the United States, Great Britain and France; and as there could not be an exchange with each, the original was left in custody of the French Plenipotentiary.

It is doubtless to be assumed that that full power was similar in form to the power granted to the same Plenipotentiaries for the treaty of July 27, 1853, the original of which is an enclosure to the despatch last cited and of this simple but quite sufficient form (translation):

We, the Provisional Director of the Argentine Confederation, being desirous of strengthening, by means of a treaty of friendship, commerce, and navigation, the relations of friendship and commerce that have long existed between the Argentine Confederation and the United States, have conferred full powers on Dr. Don Salvador María del Carril and on Dr. Don José Benjamin Gorostiaga, that they may agree on, conclude, and sign the same with the Plenipotentiaries of the Government of the United States.

Done at San José on the twenty-seventh day of the month of July of the year one thousand eight hundred and fifty-three.

INSTRUCTIONS

JUSTO J. DE URQUIZA

John S. Pendleton, of Virginia, was appointed "Chargé d'Affaires of the United States of America to the Argentine Republic" on February 27, 1851 (D.S., 3 Credences, 387); he was furnished with a full power, dated April 21, 1851, "to meet and confer with any person or persons duly authorized by the Government of that Confederation, being furnished with like power and authority, and with him or them to agree, treat, consult, and negotiate, of and concerning general commerce between the United States and the Argentine Confederation, and claims of the citizens of the two countries, respectively, upon the Governments of the Argentine Confederation and of the United States, and all matters and subjects connected therewith; and to conclude and sign a Treaty or Treaties, Convention or Conventions, touching the premises; transmitting the same to the President of the United States for his ratification, by and with the advice and consent of the Senate of the United States" (ibid., 398); and in the covering instruction of May 8 from Secretary of State Webster

1 Regarding the careers of Schenck and Pendleton, see Dictionary of American Biography, XVI, 427-28; XIV. 422.