the other, to stay there, and discharge and sell all or a part of their cargo, and, in the latter case, proceed with the remainder to the port of their destination, there shall not be charged or received on the merchandize or products which they may have discharged any other or higher duties than those which are or may be charged on merchandize, produce, or manufactures imported directly by any

other nation.

VI. In the ports of the Republic of Paraguay where Brazilian vessels shall come to trade, there shall not be imposed, under the denomination of tonnage, anchorage, pilotage, or salvage, in the event of damage or shipwreck, other or higher duties than those which are paid by Paraguayan vessels, nor in the ports of Brazil shall there be imposed, under those denominations, higher duties on Paraguayan vessels than those paid by Brazilian vessels.

VII. All Brazilians in Paraguay, and Paraguayans in Brazil, shall have full liberty to manage their own affairs themselves, or to employ for that purpose whomsoever they think proper, without being compelled to employ any other persons than those whom they may select.

VIII. The citizens and subjects of each of the High Contracting Parties in the territories of the other shall enjoy full and perfect protection in their persons and property, and shall have free and easy access to the tribunals of justice for the prosecution and defence of their rights; they shall enjoy in this respect the same rights and privileges as native citizens or subjects.

IX. The citizens and subjects of the two High Contracting Parties shall enjoy in the dominions and territories of the other, as regards the police of ports, loading and discharging vessels, storage and security of their merchandize and goods, as also with regard to succession to property of whatever class and denomination, by sale, donation, barter, testament, or in any other manner, the same privileges, immunities, or rights, as native citizens or subjects. And in the event of any citizen of the two High Contracting Parties dying intestate in the territories or dominions of the other, the Consul-General, Consul, or Vice-Consul of the nation to which the deceased belonged, or in the absence of the above-mentioned agents, their representative shall, so far as the laws of the country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs or creditors, until an executor or administrator shall be named by the said ConsulGeneral, Consul, or Vice-Consul, or his representative.

X. It is understood that each of the High Contracting Parties reserves to itself the right of adopting by means of fiscal and police regulations, the measures expedient for preventing smuggling, and for providing for its own security, both parties binding themselves

to maintain as bases of such regulations those most favourable for the better and more ample protection in the development of navigation and commerce, for which they were established.

XI. Both of the High Contracting Parties being desirous of placing the commerce and navigation of their respective countries on the footing of a perfect equality and generous reciprocity, agree that the Diplomatic and Consular Agents, the subjects and citizens of each, and their ships, and the natural and manufactured products of the two States, shall enjoy reciprocally in the other, the same rights, franchises, and immunities, which are already, or may in future be conceded to another nation, gratuitously, if the concession is or shall be gratuitous to that other nation, and the same compensation being stipulated, if the concession is conditional.

XII. For the better comprehension of the preceding Article, the two High Contracting Parties agree to consider as Paraguayan or Brazilian vessels, those that shall be owned, manned, and navigated, according to the laws of the respective countries.

XIII. Notwithstanding that in the Republic of Paraguay, it is established as a general rule that no foreign vessel of war may enter the river Paraguay without previous advice, and the consequent permission of the Government, with the exception of steam-packets necessary for the correspondence of Diplomatic and Consular Agents, or for the conveyance of Envoys or Ministers, His Excellency the President of the Republic of Paraguay, in consideration of Brazil being a Riverain State, having possessions on the upper Paraguay, concedes to the Government of His Majesty the Emperor of Brazil, authority to cause the entrance into the Brazilian possessions, as packets excepted from the general rule, of as many as two sailing or steam-vessels of war, in company or separately, which shall not be of more than 600 tons burthen, nor of heavier armament than 6 or 8 guns each, and His Majesty the Emperor concedes to the vessels of war of the Republic of Paraguay, in the same terms, the navigation of the Brazilian waters in the upper Paraguay; and in all other ports of Brazil, Paraguayan vessels of war shall have the same privileges and immunities as are conceded, or may in future be conceded to the vessels of war of the most favoured nation.

XIV. Paraguayans established or residing in Brazilian territory, and reciprocally, Brazilians established or residing in Paraguayan territory, shall be exempt from all forced military service of any kind whatever, from all forced loans, and military imposts or requisitions.

XV. If it should happen that one of the High Contracting Parties should be at war with a Power, Nation, or State, the subjects or citizens of the other, which remains neuter, may continue

their commerce and navigation with such States, excepting with cities or ports blockaded by land or sea, but in no case will the trade in articles reputed contraband of war be permitted.

XVI. For the greater security of commerce between the citizens and subjects of the two High Contracting Parties, they agree that if unhappily there should take place at any time any interruption of the relations of friendship, or any rupture between them, the citizens or subjects of either of the High Contracting Parties who may be established in the territories or dominions of the other, in the exercise of any trade or special occupation, shall have the privilege of remaining and following such trade or occupation in them, without any sort of interruption in the absolute enjoyment of their liberty and property, so long as they conduct themselves peacefully, and commit no infraction of the laws; and their property and effects, whether in their own custody, or confided to private individuals or to the State, shall not be subject to embargo or sequestration, nor to any other charges or exactions than may be imposed on similar effects or property belonging to native citizens or subjects. But if they prefer leaving the country, they shall be allowed the term which they demand for liquidating their accounts and disposing of their property, and they shall be supplied with a safe conduct, to embark in the ports which they may select.

XVII. In order that no doubt may exist as to what are the articles denominated contraband of war, of which mention is made at the end of Article XV, they are declared to be: 1st. artillery, mortars, howitzers, blunderbusses, muskets, carbines, pistols, pikes, swords, sabres, lances, darts, halberds, grenades, rockets, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2nd. Shields, helmets, cuirasses, coats of mail, girdles, and uniforms for military use. 3rd. Cavalry girths, horses, saddles, and all articles belonging to cavalry. 4th. Generally all sorts of arms and instruments of iron, steel, brass, or any other manufactured material, prepared or made expressly for making war by sea or by land.

XVIII. When one of the High Contracting Parties shall be at war with another State, no subject or citizen of the other, shall accept a commission or letter of marque, with the object of aiding or co-operating hostilely with its enemy, under pain of being treated by both as a pirate.

XIX. Neither of the High Contracting Parties shall admit pirates into its ports, but they bind themselves to pursue them by all the means in their power, and with all the rigour of the laws, as well as such as are proved to be their accomplices, and those who conceal property stolen by them; and to return vessels and cargoes to their legitimate owners, being subjects or citizens of either of

the Contracting Parties, or to their attorneys, and in the absence of these to the respective Consular Agents.

XX. The present Treaty shall be permanent as regards the principle of the free navigation of the rivers; but in its various stipulations it shall only be in force for 6 years, reckoned from the day of the exchange of the ratifications, when the present treaty shall begin to have full and entire effect.

XXI. The present Treaty shall be ratified by His Excellency the President of the Republic of Paraguay, and by His Majesty the Emperor of Brazil, within the term and under the conditions which are stipulated in an Additional Convention signed this day.

In faith whereof the respective Plenipotentiaries have signed and sealed it with their respective seals.

Done at Assumption, the capital of the Republic of Paraguay, 27th April, 1855.

(L.S.) FRANCISCO S. LOPEZ.

(L.S.) PEDRO FERREIRA DE OLIVEIRA.

TREATY of Peace, Friendship, Commerce, and Navigation, between the Argentine Confederation and the Republic of Chile.-Santiago, August 30, 1855.

[Ratifications exchanged at Santiago, April 29, 1856.]

(Translation.)

In the name of the most Holy Trinity.

INTIMATE relations of friendship and commerce having existed between the Republic of Chile and the Argentine Confederation ever since they constituted themselves independent nations, they have judged it to be essentially useful to promote the development and perpetuate the duration thereof by means of a Treaty of Friendship, Commerce, and Navigation, based upon the common interests of both countries, and calculated to secure to the citizens of both Republics the enjoyment of equal and reciprocal advantages. In conformity with these principles and with such praiseworthy objects, they have agreed to appoint Ministers Plenipotentiary, namely:

His Excellency the President of the Argentine Republic, his Chargé d'Affaires, Señor Don Carlos Lamarca; and his Excellency the President of the Republic of Chile, the most excellent Señor the President of the Senate, Don Diego José Benavente; who, after having communicated to each other their full powers, exchanged authentic copies of the same, and having found them in good and due form, have agreed upon the following Articles:

ART. I. There shall be unalterable peace and perpetual friendship between the Governments of the Republic of Chile and of the Argentine Confederation, as well as between the citizens of both Republics, from the identity of their principles and the community of their interests, without exception of persons or localities.

II. The relations of friendship, commerce, and navigation between both Republics are recognized as having for their basis a perfect reciprocity, and the free concurrence of the industrial pursuits of the citizens of the said Republics in both and in each of their territories.

III. Chileans in the Argentine Confederation and Argentines in Chile can reciprocally, and with perfect liberty, enter with their vessels and cargoes into all the towns, ports, and rivers of the two States which are or may be open to foreign trade.

They can, like the natives in the respective territories, travel or reside, carry on trade, whether wholesale or retail, rent and occupy dwelling-houses, warehouses and shops, of which they may have need, export merchandize and goods, remit money, receive consignments, as well from the interior as from foreign countries, and in general, the merchants and traders of each nation respectively shall enjoy the same protection for their persons, commerce, and trade as are dispensed to natives, subject always to the laws and statutes of the respective countries.

They shall be perfectly at liberty to manage their own business, to appear at the Custom-Houses, and in all the public offices, and before the tribunals and courts of law. They can also cause themselves to be represented by other persons, provided they conform to the laws which may be in force in the respective countries. They shall be equally at liberty in all their purchases, as well as sales, to fix the price of the goods, merchandize, and whatsoever other articles are deemed of lawful traffic, as well imported as of home production, whether they be for sale in the interior or are destined for exportation, the laws and regulations of the country in which the parties reside being duly observed and fulfilled. They shall not be liable, under any circumstances, to other or higher duties, imposts and taxes, than those paid by the citizens or subjects of the most favoured foreign nation.

IV. The citizens of both Republics shall have free and easy access to the tribunals of justice for the prosecution and defence of their rights, they shall be at full liberty to employ, under all circumstances, such lawyers, advocates, or agents of every description as they may deem proper; lastly, they shall enjoy, in this respect, all the rights and privileges conceded to the natives themselves.

V. The natives of each of the Contracting Republics shall, [1858-59. XLIX.]

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