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SPECIAL CONVENTION BETWEEN THE UNITED STATES OP-AMERICA AND THE REPUBLIC OF PARAGUAY, RELATING TO THE CLAIMS OF THE "UNITED STATES AND PARAGUAY NAVIGATION COMPANY." CONCLUDED AT ASSUMPTION FEBRUARY 4, 1859; RATIFICATIONS EXCHANGED AT WASHINGTON MARCH 7, 1860; PROCLAIMED MARCH 12, I860.
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 houorable 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 P. Powlin, 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 Senor 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 upou the following articles:
Article I. *
The Governmeut of the Republic of Paraguay binds itself for the responsibility m favor of the " United States and Paraguay Decm,olnmm^ Navigation Company," which may result from the decree jxj i?wlr^"r„if of commissioners, who, it is agreed, shall be appointed us fTMlwl'"*c' follows:
The two high contracting parties, appreciating the difficulty of agreeing upon the amount of the reclamations to which the said com pan j may be entitled, and being convinced that a com- ■>■»«•«>»««■ mission 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 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.
The said Commissioners, before entering npon 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.
The said Commissioners shall assemble, within one year after the ratification of the "treaty of friendship, commerce, and ho»iTM«wS"e 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.
The Government of Paraguay hereby binds itself to pay to the Govp.nwa»rioP»j»ny eminent of the United States of America, in the city of
In ta°or""of Assumption, Paraguay, thirty days after presentation to «ud comp.nr the Government of the Republic, the draft which that of the Uuited 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.
Each of the high contracting parties shall compensate the Commissioner it may appoint the sum of money he may stipulate
Paymont of Com- .... ." x ... , . , , ^ .
im»i<.ner ni»i um- tor 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.
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 iu 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.]
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, 13130. 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 disposed to cherish more intimate relations and intercourse •"'^•"•v"*'1*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 lias 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;
Who, after having communicated competent authorities, have agreed upon and concluded the following articles:
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 1 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.
The Republic of Paraguay, iu the exercise of the sovereign right which pertains to her, concedes to the merchant flag of the citizens Fr,r „„„„ ,„ of the United States of America the free navigation of the •>«"'"»»>"" river Paraguay as far as the dominions of the Empire of Brazil, and of the right side of the ParauA throughout all its course belonging to the Republic, subject to police and fiscal regulations of the Supreme Goveminent of the Republic, in conformity with its concessions to the commerce of friendly nations. They shall beat liberty with their ships and
cargoes, freely and securely to come to and to leave all the c<nJ'VrlX'Zi.'.u'i places and ports which are already mentioned; to remain
and reside in any part of the said territories; hire .bouses 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 To citi.... <.f citizens as may arrive at the ports of the United States of Pindar. America with cargoes in Paraguayan vessels, or vessels of the
United States of America.
The two high contracting parties hereby agree that any favor, privilege, or immunity whatever, in matters of commerce or °" *""' °""011 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 conditional.
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 manufacture 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 oilier, which shall not equally extend to the importation or exportation of similar articles to the territories of any other nation.
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.
The same duties shall be paid upon the importation and exportation D„ue. o. Kticiw of an.y article which is or may be legally importable or exi,r ua'rrt'Suto'o? portable into the dominions of the United States of America p"°*w- and into those of Paraguay, whether such importation or 657
exportation be made in vessels of the United States of America or in Paraguayan vessels.
All vessels which, according to the laws of the United States of America, are to be deemed vessels of the United States of America, and all vessels which, according to the laws of
of United States and
Paraguay, are to be deemed Paraguayan vessels, shall, for wh"°
the purposes of this treaty, be deemed vessels of the United States of
America and Paraguayan vessels, respectively.
Citizens of the United States of America shall pay, in the territories of the Republic of Paraguay, the same import and export Jmror! „Bj eiporI duties which are established or may be established hereafter <iuli,=*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.
All merchants, commanders of ships, and others, the citizens of each country, respectively, shall have full liberty, in all the ter- ,.rivil«,., „r diiritories of the other, to manage their own affairs themselves, *TM"h°' uSSy'S or to commit them to the management of whomsoever they ll't'o,htrplease, 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 en joy, 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.
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