No. 60.
Mr. Partridge to Mr. Fish.
(Petropolis,) Rio de Janeiro, April 10, 1872. (Received May 21.)
Sir: I have the honor to transmit, hereto annexed, the text of the four treaties between Brazil and Paraguay, signed at Asuncion between the 9th and 18th January last. These are, 1st, a treaty of peace; 2d, a treaty of boundary and limits; 3d, treaty for the extradition of fugitives from justice, &c, and, 4th, a treaty of friendship, commerce, navigation, and consular privileges.
The exchange of ratifications took place on the 26th March, and the treaties have, as yet, been published only in the newspapers, so that I am not able to send any other than a copy cut from those.
It was the negotiation of these treaties which, by reason of ignorance at Buenos Ayres of their real provisions partly, but chiefly because the Argentine negotiator was not so successful for their demands in relation to the “Gran Chaco,” and withdrew from Asuncion, caused such excitement and threats of war by the newspapers in Buenos Ayres in February. The success of Brazil was denounced as having been secured in violation of the triple alliance against Paraguay, which they said was not dissolved, and that war would be the proper answer to the Brazilian perfidy.
On examination of these treaties, it does not appear that any undue advantage was taken by Brazil of Paraguay. The frontier line of the river Apa was always claimed by Brazil, and is now acknowledged. But the question of ownership and sovereignty over the vast territory [Page 96] opposite Asuncion, between the left bank of Paraguay and the Vermelho, inhabited by roving Indians, known as the “Gran Chaco,” was claimed by both Argentines and Paraguay, and a portion of it by Bolivia also. It was hoped and expected by the Argentines that the new treaties, to be made simultaneously between the late allies and Paraguay, would secure for themselves this territory at the same time that the line claimed by Brazil was recognized. This was refused, and the Argentines immediately established a garrison at, and now occupy, the Villa Occidental, on the Paraguay, in that territory; which act has caused the Paraguayan government to protest against it as an outrage, which at present they have not the power to resist.
By the present (Brazilian) treaty of peace, Paraguay recognizes the liability (article 3) for indemnity for expenses of the war to Brazil and for injuries to public property and to Brazilian private property and citizens; the amount thereof to be fixed by a special convention, to be agreed upon within two years. If this means, as it appears to signify, an undertaking to re-imburse to Brazil the whole of her expense for the war, (about $375,000,000,) then it can only have been intended to secure by a sort of mortgage upon the territory and sovereignty of Paraguay, to be held in terrorem and with threats of foreclosure by annexation, the payment of a sum which is clearly impossible for Paraguay. That provision can only mean an intention hereafter to make such claim on such grounds, and with the hope of absorbing the territory of that republic, notwithstanding the engagement in the seventeenth article to respect and guarantee its independence for five years.
By the seventh, eighth, and ninth articles the navigation of the rivers Paraguay, Paraná, and Uruguay, (excluding their affluents, however,) is declared free to all nations.
The treaty of boundary and limits secures to Brazil the frontier line of the channel of the river Paraná, from the present Brazilian possessions, at the mouth of the Ignassá, to the Great Falls of the seven chutes in the Paraná; from thence by the highest ridge in the chain of Maracaju to its end: thence by a straight line, or as near thereto as may be, on the ridge or water-divide of the highest lands till it meet the Amambahy Chain, (Serra;) thence by the ridge of said chain to the head source or principal fountain of the river Apa; and thence descending by the line of its channel to its mouth, on the east bank of the river Paraguay; all slopes (vertentes) and streams running north and east belong to Brazil, all running south and west to Paraguay.
The treaty for extradition of fugitives from justice, charged with certain crimes therein enumerated, contains the provisions usual in such cases 5 and only calls for the remark that Brazil, which has declined to make such treaties with several European nations, or has placed such obstacles in the way of their execution as to render them nugatory, has resolved, it would seem, that Paraguay shall not become a territory of refuge for its own subjects, who, there, might stir up revolt and revolution in her remote and immense province of Matto Grosso.
The treaty of commerce, navigation, &c, contains also the usual reciprocal privileges, and secures certain exemptions from dues, &c, to the Brazilian government mail-packets running from Montevideo to Cuiabá, in Matto Grosso, (article 19.)
This treaty, however, (article 35,) gives to the consuls of each party, within the territory of the other, the right and power to seal up, take possession of, administer, and distribute the assets of such citizens of the country represented by such consuls, &c, as may die intestate within [Page 97] the territory of the other. These same privileges of consular administration, in such cases, have been heretofore granted to several European nations, such as Portugal, Italy, Spain, France, &c, but such treaties, or that portion of them granting such privileges, have been denounced by Brazil, and on their expiration the property of such citizens of those nations as may die intestate in Brazil will revert to the condition in which it was formerly placed. * * * * *
I have, &c,