PARAGUAY.

SAN NICOLAS DE LOS ARROYOS, ON THE PARANA.

The turns and windings of the Parana, all along the portion now being passed over, and indeed nearly throughout its entire length, are numerous, without at all impeding the navigation, being, in many parts, sufficiently wide and imposing to justify its native appellation of Parana Guazú, or Sea River. After daylight, fog and mist again enveloped us, but we were enabled to continue our course, guided by trees, profusely growing, and which, on the low grounds, are chiefly of the willow species. We passed Obligado, on whose high bank Rosas erected those batteries to dispute the passage of the convoy under protection of the French and English vessels of war, which were, as we have seen, of so very little avail. The scenery around Obligado is pretty, and was more so as we proceeded—occasional lofty banks covered with verdure—estançias, and cattle grazing about. This interest was heightened as we approached San Nicolas,[100]which is one of the first towns of consequence, situate on a shelving bank, where a troop of Argentine cavalry were bivouacked; and as they came galloping down to the water’s edge, their gay-coloured dresses, scarletponchos, and glittering equipments reflected against the bright green grass, the effect was highly picturesque and animated. Here we landed, took in a small quantity of fire-wood on trial, and went to call on the Juiz da Paz, and other authorities. I had a ramble over the town, which isintendedto be large: streets laid out in the usual Spanish right-angled triangle mode, but the sites of future mansions, castles in the air, veritablecasas en Espagna, dotted with only unfinished straggling houses here and there, with dozens of what looked like Irish cabins stretching around, the Hibernian and Hispaniolan identity being here developed as strongly as any member of the Celtic Antiquarian Society can desire. The solitary church of this city, as the local hidalgos insist on designating the place, has been almost destroyed by an explosion of gunpowder, which did great mischief to every building but the house itself where the catastrophe originated. A Buenos Ayrean brig and steamer of war were at anchor here, from the commanders of whom we received a degree of attention and civility that altogether obliterated any resentful reminiscence which our preceding rough reception might have awakened. The commander of the steamer, Muratore, spoke English well, and expressed himself very indignant at the treatment we had experienced at Martin Garcia, which, he said, they were wholly unwarranted in practising; adding, that he would report such conduct to the chief of the naval forces at head quarters. There is very deep water here, from ten to twelve fathoms, with muddy bottom, and it took us half an hour to get up our anchor, after which we steamed on towards Rosario, through a country increasing in cultivation and teeming in verdure every mile we advanced; and it was not difficult to realize the accuracy of Mr. Mackinnon’s description of the topography hereabouts, in the annexed passage, which appears to me to be fully deserving of the prominence of conspicuous type:

CORRIENTES ON THE PARANA.

‘Our progress this day was remarkable for the beautiful scenery on the side of the Banda Oriental. The view was similar to that which is seen when sailing from Yarmouth, Isle of Wight, to Cowes, (without the high land,) and about the same width of water. In the afternoon, we entered a labyrinth of islands, which contracted the channel considerably. As we advanced, the scenery was very much varied; sometimes between islands so close together, that we shot birds and animals on each shore. These islands are plentifully interspersed with the date palm, which had a most beautiful appearance; and, when we drew out near the main land, the stream widened considerably. We passed either bold, bluff barrancas, over which nothing was visible, and whence we might easily have been picked off by musketry; or a gently sloping green pasture down to the river’s margin, dotted with horned cattle, horses, and sometimes ostriches and deer. Clumps of trees were interspersed, and beautifully grouped by the hand of Nature. Sometimes, for a short distance, a dense forest of large timber-trees impeded the view. A high sand-bank then intervened, with a belt (about fifty yards broad) of trees and shrubs, where I often stopped to rest the men, and then surveyed the country, which was mainly characterized by undulating pasture land, interspersed with coppices and clumps of trees, stretching inland as far as the eye could reach, and completely covered by animal life in great variety, like a very extensive and well-kept park in England. The only thing wanting to make this the most enchanting scene in the world, was the presence of civilized man; but, alas! the brute creation alone enjoyed the terrestrial paradise. As we advanced, we every now and then perceived deer come down fearlessly to drink. Pheasants walked quietly along the banks, or sat in the trees in fancied security, five and six, and even more together. The partridges, both large and small, constantly rose close to the boat; whilst numerous carpinchas sat quietly on their haunches, like Brobdignag brown guinea-pigs, staring at us with the most perfect unconcern. Here was a situation for a sportsman!’

ROSARIO—ON THE PARANA.

CARETAS DE VIAGE—TRAVELLING WAGGONS.

Extensive farms and cattle-grazing districts were seen along the heights, and we were told that a large number of wealthy landowners resided between San Nicolas and Rosario. The opposite bank of the river (Entre Rios) is low and swampy, but well linedwith trees. As the sun was setting in splendid tranquillity, we came to anchor off Rosario de Santa Fé, and found it a large, well constructed town, with a good cathedral, whose unique-looking towers were visible many miles distant, in an atmosphere that is singularly translucent beyond the immediate vicinage of the river, which is sometimes obscured by fogs and haze, though we could not learn that any ill effects to human health were experienced in consequence; and certainly the vegetation and herbage appear at once luxuriant and delicate. The cathedral is in a large square, entirely built up, and streets branch from it at right angles, many extensive, substantial looking houses being now in course of erection, and, altogether, an appearance of prosperous activity, as refreshing as unanticipated, pervades the whole place. The town contains about 7,000 inhabitants, and is the great rendezvous for the upper provinces, numerous huge, unwieldy but mostcapacious waggons being collected about, ready for their laborious service, which they perform chiefly by means of leather. However pertinent the phrase ‘nothing like leather’ may be elsewhere, here it is of universal and unerring applicability. Streets and roads are repaired with heads and horns of cows and horses. A horse’s or cow’s head serves for a stool, or a chair, or a pillow, just as the case may be;[101]but a horse or cow-hide serves for purposes innumerable out of doors, and in all matters of vehicular concernment are inestimable; for where ropes or harness would be but as pack-thread, a slip of raw hide, drying after it has been attached, binds like links of adamant, if any such linking there be. The supply, of course, is inexhaustible; and the dexterity with which a strip of skin, of any dimensions, is fastened to a waggon, or to luggage upon a waggon, and thence coupled, when needful, to the horses, is extraordinary. The only thing that occurred to awaken unpleasant feelings during our stay at Rosario, was the general presence of that ill-omened symbol of sanguinary anarchy and benumbing oppression, the red badge, which unaccountably continues to be exhibited long after the downfall of him whose supremacy it but too significantly testified, though now used by the partizans of Urquiza. Until such emblems be finally discarded, it is in vain to look for any real amalgamation of the provinces, let parchment treaties and ratifications be multiplied as numerously as they may. San Nicolas is the last Buenos Ayrean frontier town, Rosario being in the possession of Urquiza, who was residing not far from it, but living, at that time, veryquietly. Advancing upwards between these two places against the stream, we had a fine view of the extensive plains branching from Rosario eastward; there seemed to be abundance of sheep and cattle grazing, and plenty of grass and clover, together with a crop of barley that might have been dressed with guano, and nurtured under the special supervision of Mr. Mechi himself, with all the patent contrivances of Tiptree Farm tripled three times over. Would that there were a myriad of Mechis settled down here! What a glorious country would it be under a better state of even political organization, with a soil prolific, yet not rank, and a climate the most delicious that could be imagined at this season of the year; a positive tonic for the languid in every breath of it, and yet not enfeebling to the robust. From Rosario can be seen the convent of San Lourenço, one of the gigantic establishments of the Jesuits; and at this point occurred the famous encounter with the convoy, under care of Captains Hotham and Thrèhouart, on their return from Paraguay, after forcing the passage of the river, when Rosas erected batteries, and had a huge chain placed across the river, that was soon destroyed by our gallant tars, as we shall see in some detail when we speak of Sir C. Hotham in the chapter on Paraguay.[102]

After spending the night at Rosario, and collecting as much wood together as could be cut by 1P.M.next day, we got under weigh on our return, with the cordial good wishes of the inhabitants, who had shown us every possible attention, and taking several passengers, who availed themselves of the opportunity to make an easy visit to Buenos Ayres. As a proof of the utility of steam navigation in bringing people together, softening prejudices, and creating a more kindly feeling, I may mention that our passengers were of all shades of party, some ready, under other circumstance, to draw a sword or a trigger on each other; but here they were hale fellows well met, and played together at cards, orconversed, with not the slightest appearance of ill feeling. A steamer is a great leveller of prejudices and party distinctions.

We soon reached San Nicolas, and brought up for some hours, augmenting our number of passengers and supply of wood, as we found our coals getting short; got under weigh again at 3A.M., steaming fast down with the current, which runs two and three knots at this season of the year. Saw the convent of San Pedro, another remarkable establishment of the Jesuits, situated on rising ground, and where a branch of the main river runs; towards afternoon approached the Boca, or entrance of the river, and brought up to get more wood, which we fortunately did from a vessel at anchor there, every gentleman on board taking off his coat, and working like a common peon. Again we got under weigh and approached our over-officious official friends at Martin Garcia, where we determined to bring up for the night, and ask for an explanation of what had occurred at that most disputatious and pugnacious point before. On rowing towards the schooner, those on board hailed us to go on shore to the commandant, an injunction which we managed, after some difficulty in groping our way through the rocky beach, to fulfil. The commandant said he had no wish to obstruct our passage, nor had he given orders to fire at us; so we returned on board, satisfied that the salute would not be repeated. So splendid a night I have rarely seen; not a breath of air, and yet cool and pleasant; the stars reflected in the waters like a double firmament, the slight motion causing one portion to oscillate a little, the other firmament remaining motionless. Morning broke equally glorious, though a heavy dew had fallen, and the air was positively cold. Finally, steamed across to the bank, and disembarked passengers at 9:30A.M., under five days; had we not been detained by want of fuel it would have occupied only four days; 21½ hours time up steaming, and 20 hours down.

To show the comparative ignorance as to this boundless country, it may be mentioned that several of our passengers, who had resided 20 and 30 years at Buenos Ayres, had never before beenup the rivers: others, compelled to do so, had occupied weeks in doing what we did in a few days; and, altogether, great satisfaction was felt at this practical result of steaming, the Argentina, it is true, being the fastest steamer that had ever appeared on the waters of La Plata; and hence one reason why her loss has since been mourned over as a national bereavement, which it undoubtedly was, though perhaps the temporary presence in these waters of the Menai paddle-wheel will prove some compensation till a more imposing craft shall permanently take the place of that very excellent vessel.

My practical acquaintance with this river navigation being thus only limited in extent, I was unable to gratify my curiosity by exploring it further up, where the scenery, according to all testimony, is singularly fine; and, approaching Paraguay, the country becomes rich and fertile, and picturesque in a high degree. Beyond Rosario, the distance to the city of Assumption is about 700 miles, 1,000 miles being the entire reported distance from Buenos Ayres, and the navigation becomes more difficult. Still, the fact of the ‘Alecto’ steamer having reached Corrientes,[103]and the ‘Locust’ Assumption, proves that it is practicable enough for vessels of small draught of water. H.M.S. ‘Vixen’ has also beenmuch up this river, and the ‘Fanny’ steamer, taking up the American expedition already alluded to, would not draw less than from nine to ten feet, whilst our little steamer did not draw seven feet, with her coals on board, nor was her great length any difficultyin turning angles of the river. There is no doubt that a class of steamers could be built that would make the passage to Assumption in a few days; and it is said that General Lopez, the Paraguayan Plenipotentiary to England and France, has already ordered two for the service, which augurs well for his desire to cultivate external relations.

Of the ‘Uruguay’ I know nothing but from hearsay and information: that it is a noble stream, much wider and more easily navigated than the Parana, with the same boundless extent of uncultivated country. We saw the entrance to it on the right from the Boca of the Parana, which makes a sharp angle. The main difficulty in connection with this river navigation are the channels about Martin Garcia, which are tortuous and very narrow in some places. It appears, indeed, to be a deep gulley, formed by the mass of waters pressing their way through the miles of sand and mud lying across the main entrance, much of it almost dry at the surface; and until these channels are properly buoyed and lighted, even steamers will be subject to delay and damage, as the most experienced pilot can scarcely rely on his eye or bearing in such an expanse of water.

Sources of information.—General Pacheco.—Inaccuracies of Sir Woodbine Parish.—Navigability of the Parana by large vessels.—Decrees of the government of Paraguay on the treatment of foreigners.—Decrees relative to inventions and improvements.—Mr. Drabble’s commercial mission, and its results.—Cultivation of cotton.—Drawbacks to its extension.—Scarcity of labour.—Provisions of the treaty between Great Britain and Paraguay.—The commercial resources of the country little known in this.—Navigability of the Paraguay and the Uruguay.—Obligation of the Brazilian and Buenos Ayrean governments to remove impediments.—Population of Paraguay.—Public works undertaken by the Consular Government.—Salubrity of the climate.—Fertility of the soil.—Pasturage illimitable.—Character of the Paraguayans.—President Lopez.—Diplomatic mission of Sir Charles Hotham.—General Lopez.—State of the country at the death of Francia.—First measures of the Consular Government.—Revenue of Paraguay.—Administration of justice.—Revision of the tariff.—Release of political prisoners at the termination of Francia’s Reign of Terror.

SIR CHARLES HOTHAM, K.C.B., LATE HER MAJESTY’S PLENIPOTENTIARY TO PARAGUAY.

As indicated at the conclusion of the last chapter, my ascent of the Parana ceased at Rosario, whence I descended to the mouth of the Plate, on the return voyage to Europe; consequently, what I am about to say of Paraguay is not the result of actual personal experience in that strange land. Nevertheless, I offer the annexed observations with considerable confidence, as the fruits of diligent inquiry among several who had been there, some for many years, some very recently; and as the fruits also of the perusal of nearly all accredited works on the subject, of one of which in particular,[104]whose merits and reliability are vouched for by the distinguished Uruguayan soldier and administrator who has edited it—General Pacheco—I have availed myself to some extent, having been also assured by other competent critics that it is most trustworthy in its data and most dispassionate in its views. The paucity of works on this country is not surprising, but the inaccuracy of that which, being the most recent, is naturally accepted as the most authoritative in England, is indeed marvellous. The obligations of all interested in Platine affairs are so great to Sir Woodbine Parish, and as regards Paraguay in particular, members of his family long ago afforded so much invaluable information then derivable from no other source, that it is with the utmost reluctance I say a word calculated to diminish the deference due to the veteran diplomatist and author; nor should I attempt to impugn his statements if he spoke from his own individual knowledge. Still, his predilection in favour of Rosas, to which I have adverted in the introductory chapter (page 30), and his antipathy to everybody and everything inimical to the regime and the system of the Buenos Ayrean Dictator, are, or at least in 1852 were, so potent as completely to run away with his otherwise excellent judgment. On what other grounds can we account for his lending all the emphasis of italics to such passages as these, for which he quotes Colonel Graham, the United States Consul, who proceeded on an official mission toParaguay, in 1845, and who is apparently regarded by Sir Woodbine as an indisputable authority, viz.:—

‘Were its resources developed, and encouragement given to the industry of its inhabitants, it might become a comparatively wealthy part of South America, but it could never support an active trade excepting with the adjoining States. Yerba, the tea of Paraguay, its chief product, is only consumed in South America; its fine woods would not bear the expense of transport to Europe; its sugar, tobacco, cotton, and rice, on account of the distance which they would have to be conveyed from the interior, even were the Parana open, could never enter into competition with those of Brazil and the United States. If the Parana were declared open to all nations, the United States could not carry on any direct intercourse with Paraguay under its own flag. The vessels adapted for crossing the ocean would not go up the Parana, and merchandise would have to be re-embarked at the mouth of the river in craft suitable to its navigation, and owned by parties resident in the country. Mr. Graham’s observations are equally applicable to the shipping of European nations, and they cannot too often be repeated for the information of parties embarking in trade with those remote countries.’

The best answer to all this is what I have already said in the preceding chapter respecting Colonel Graham’s fellow-countryman, Mr. Hopkins; and as to ‘vessels adapted for crossing the ocean not going up the Parana,’ Sir Woodbine must surely have been well aware, even at the time Graham wrote, saying nothing of subsequent experience, of the facts borrowed from Sir W. Gore Ouseley, in the note to the illustration of Corrientes (see p. 324), respecting the ascent, not merely of the Parana, by British vessels of war, but of the Paraguay, as far as Assumption, by the French war steamer Fulton, commanded by Captain Mazeres; also that for upwards of 300 miles beyond Assumption the navigation of the Paraguay is even better than it is below the capital, as was lately exemplified, since my return to England, by the voyage of the American steamer Waterwitch, far beyond the limits previously understood to be navigable, except to the small river craft of the country.

It may be said that Colonel Graham could not have known these latter facts when he wrote what Sir Woodbine has quoted. But Sir Woodbine himself must have known them, and should not, therefore, have quoted the Colonel; and he must have knownalso that public notification had been given, in the following document, which I also take the liberty of printing in italics, that there had been an end put to the isolation in which Paraguay had so long been kept by Francia; and that ‘one Lopez,’ as Sir Woodbine calls the present enlightened President, had made every advance to the external world years before the world became persuaded that the system of Francia had been buried with him.

Decrees as to the Treatment of Foreigners in Paraguay, and the Privileges and Recompenses to be Awarded to Those who shall Contribute to Develope and Encourage Industry and the Material Improvement of the Country.The Supreme Government of the Republic: Considering that it behoves us to extend and cultivate relations of amity, good understanding, and harmony with foreign nations, and consequently to acquaint the national authorities with the system which the Government follows and seeks to enforce for this purpose with reference to foreign subjects, decrees, in virtue of and in conformity with the fundamental laws of the State and its political and commercial principles, that the said authorities shall punctually observe the following rules:—Art. 1. The Supreme Government of the Republic will maintain, as a general and unalterable privilege in its relations with foreign powers, a perfect and absolute equality; so that wheresoever there may be any identity of cases or circumstances, no privileges, immunities, or favours whatsoever shall be granted to any nation which shall not in like manner be conceded to all others. Art. 2. Consequently, every foreigner, whosoever he may be, can betake himself to such ports of the Republic as are open to foreign commerce, and there carry on his mercantile operations in perfect freedom. Art. 3. Now, and for the whole time that the Government shall consider those circumstances to exist which have induced it to appoint certain ports for the admission of foreigners, the latter will not be allowed to proceed (s’interner) to other ports without a special permission from the Government. Art. 4. Every foreigner, during his stay in the territory of the Republic, shall have full liberty to commence and to exercise his trade or profession: he shall obtain for his person all protection and security, provided that on his side he respects the authorities and the laws of the State. Art. 5. All foreigners are exempt from forced service by sea or land, from all military exactions or requisitions, and from extraordinary contributions, and shall only pay those levied on natives, with the slight difference consecrated by law between citizens and foreigners. Art. 6. No foreigner shall be persecuted on account of his religion, on condition that he does not exercise his worship publicly, and that he respects the religion of the State, its ministers, and its public ceremonies. Art. 7. Foreigners are in no case obliged to trust their business to agents or brokers; they have in this respect the same immunities as natives. Art. 8. Money, goods, or property of any nature whatsoever belonging to foreigners residing within the territoryof the Republic, and confided either to the State or to private individuals, shall be respected and kept inviolate, both in time of war and in time of peace. Art. 9. In virtue of the principle recognised in the preceding article, should a rupture occur between the Republic and a foreign country, the subjects and citizens of that country residing within the territory of the Republic shall be allowed to remain there and continue their trade or profession without hindrance, provided that they conduct themselves with suitable fidelity, and in nowise violate the laws and regulations in force. Art. 10. The exportation of the produce of the country by foreigners shall be subjected to no other duty than that paid by natives. Art. 11. The Supreme Government of the Republic can eject from its territories, either in time of peace or of war, any foreigner whose bad conduct gives rise to the adoption of this measure, but he shall be allowed a reasonable time for the settlement of his affairs. Art. 12. All foreigners residing within the territory of the Republic have a right to dispose of their property, either by will or in whatever form they may consider advisable. Art. 13. In case of the decease of a foreigner without a will, his property shall be preserved in the form prescribed in the following article, for his heirs ab intestato, or for his creditors. Art. 14. In the case stated in the preceding article, that is to say, the decease of a foreigner ab intestato, the judge of the district where the decease takes place, assisted by two honourable fellow-countrymen of the deceased, and in default of these by two inhabitants of the locality, shall proceed, with the least possible delay, to make out a minute inventory of all the property of the defunct, shall keep them in a place of safety, and shall render an account of the whole, accompanied by the inventory, to the Government, so that the property may be deposited in a proper place, according to its nature. Art. 15. The said decease,ab intestatoshall then be announced in the Gazette, in order that all those concerned may be made acquainted with it. If any heir or creditor appears he shall produce legal proof of his claim. Art. 16. If no party concerned appears, or delays in the proceedings threaten to occasion a deterioration of the property, the latter shall be converted into the currency of the country, and which shall be deposited in the chest of the Treasurer or Receiver-General, and under their responsibility. Art. 17. In case the parties concerned cannot legally prove their claims, or shall not appear after the lapse of two years dated from the commencement prescribed in art. 15, the property so deposited shall be adjudged to the national treasury. Art. 18. Property delivered to foreigners who are the legitimate progenitors or descendants of foreigners who have died testate or ab intestato, shall pay at the time they receive it a duty of five per cent. When it is delivered to any other foreign heir, who is neither a progenitor nor a descendant in virtue of a will or successionab intestato, the duty shall be ten per cent.In order that all may be made acquainted with the present decree, it shall be promulgated in the legal form and deposited in the public archives.CARLOS ANTONIO LOPEZ.AUDRES GIL, Sec. to the Supreme Govt.Assumption, 20th May, 1845.

The Supreme Government of the Republic: Considering that it behoves us to extend and cultivate relations of amity, good understanding, and harmony with foreign nations, and consequently to acquaint the national authorities with the system which the Government follows and seeks to enforce for this purpose with reference to foreign subjects, decrees, in virtue of and in conformity with the fundamental laws of the State and its political and commercial principles, that the said authorities shall punctually observe the following rules:—Art. 1. The Supreme Government of the Republic will maintain, as a general and unalterable privilege in its relations with foreign powers, a perfect and absolute equality; so that wheresoever there may be any identity of cases or circumstances, no privileges, immunities, or favours whatsoever shall be granted to any nation which shall not in like manner be conceded to all others. Art. 2. Consequently, every foreigner, whosoever he may be, can betake himself to such ports of the Republic as are open to foreign commerce, and there carry on his mercantile operations in perfect freedom. Art. 3. Now, and for the whole time that the Government shall consider those circumstances to exist which have induced it to appoint certain ports for the admission of foreigners, the latter will not be allowed to proceed (s’interner) to other ports without a special permission from the Government. Art. 4. Every foreigner, during his stay in the territory of the Republic, shall have full liberty to commence and to exercise his trade or profession: he shall obtain for his person all protection and security, provided that on his side he respects the authorities and the laws of the State. Art. 5. All foreigners are exempt from forced service by sea or land, from all military exactions or requisitions, and from extraordinary contributions, and shall only pay those levied on natives, with the slight difference consecrated by law between citizens and foreigners. Art. 6. No foreigner shall be persecuted on account of his religion, on condition that he does not exercise his worship publicly, and that he respects the religion of the State, its ministers, and its public ceremonies. Art. 7. Foreigners are in no case obliged to trust their business to agents or brokers; they have in this respect the same immunities as natives. Art. 8. Money, goods, or property of any nature whatsoever belonging to foreigners residing within the territoryof the Republic, and confided either to the State or to private individuals, shall be respected and kept inviolate, both in time of war and in time of peace. Art. 9. In virtue of the principle recognised in the preceding article, should a rupture occur between the Republic and a foreign country, the subjects and citizens of that country residing within the territory of the Republic shall be allowed to remain there and continue their trade or profession without hindrance, provided that they conduct themselves with suitable fidelity, and in nowise violate the laws and regulations in force. Art. 10. The exportation of the produce of the country by foreigners shall be subjected to no other duty than that paid by natives. Art. 11. The Supreme Government of the Republic can eject from its territories, either in time of peace or of war, any foreigner whose bad conduct gives rise to the adoption of this measure, but he shall be allowed a reasonable time for the settlement of his affairs. Art. 12. All foreigners residing within the territory of the Republic have a right to dispose of their property, either by will or in whatever form they may consider advisable. Art. 13. In case of the decease of a foreigner without a will, his property shall be preserved in the form prescribed in the following article, for his heirs ab intestato, or for his creditors. Art. 14. In the case stated in the preceding article, that is to say, the decease of a foreigner ab intestato, the judge of the district where the decease takes place, assisted by two honourable fellow-countrymen of the deceased, and in default of these by two inhabitants of the locality, shall proceed, with the least possible delay, to make out a minute inventory of all the property of the defunct, shall keep them in a place of safety, and shall render an account of the whole, accompanied by the inventory, to the Government, so that the property may be deposited in a proper place, according to its nature. Art. 15. The said decease,ab intestatoshall then be announced in the Gazette, in order that all those concerned may be made acquainted with it. If any heir or creditor appears he shall produce legal proof of his claim. Art. 16. If no party concerned appears, or delays in the proceedings threaten to occasion a deterioration of the property, the latter shall be converted into the currency of the country, and which shall be deposited in the chest of the Treasurer or Receiver-General, and under their responsibility. Art. 17. In case the parties concerned cannot legally prove their claims, or shall not appear after the lapse of two years dated from the commencement prescribed in art. 15, the property so deposited shall be adjudged to the national treasury. Art. 18. Property delivered to foreigners who are the legitimate progenitors or descendants of foreigners who have died testate or ab intestato, shall pay at the time they receive it a duty of five per cent. When it is delivered to any other foreign heir, who is neither a progenitor nor a descendant in virtue of a will or successionab intestato, the duty shall be ten per cent.

In order that all may be made acquainted with the present decree, it shall be promulgated in the legal form and deposited in the public archives.

CARLOS ANTONIO LOPEZ.AUDRES GIL, Sec. to the Supreme Govt.

Assumption, 20th May, 1845.

At the same time, publicity had been given to another document, which showed that not only were the persons and property of strangers perfectly safe in Paraguay, but that protection was afforded to the fruits of their invention and ingenuity, in a manner that other nations, pretending to a much higher degree of civilization, would do well to imitate, viz.:—

The Supreme Government of the Republic, desirous of encouraging industry and developing the elements of improvement possessed by the State, and considering that one of the most efficient means consists in properly defining and guaranteeing the position and rights of those who conduce to so useful an end, decrees:—Art. 1. Every discovery or new invention in whatever branch of industry it may be, is the property of the inventor, and its enjoyment is guaranteed to him in the form and for the time specified in the following articles. Art. 2. Every means of giving to a production already in existence a greater degree of perfection shall be considered as a new discovery. Art. 3. Whosoever shall introduce into the Republic a discovery of foreign origin shall enjoy the same advantages which he would have derived from it had he been the inventor. Art. 4. Whosoever is desirous of obtaining and insuring to himself the enjoyment of an industrial property of the description above-mentioned, shall—first, address to the Secretary of the Supreme Government a declaration in writing specifying the nature of his claim, whether it is for a discovery, the perfecting, or the introduction of one; secondly, forward under seal an exact description of the principles, means, and procedure which constitute the discovery, as well as the plans, designs, models, and other documents which relate to it, and which sealed paper or volume shall be opened at the moment when the inventor shall receive a title to his property. Art. 5. The inventor shall be granted a patent which shall guarantee him the discovery as his property for the space of five or ten years, reckoned from the date of the patent. This period, however, may be extended, and other advantages conceded if the importance of the invention is so great as to call for extraordinary protection. Art. 6. The period during which a patent granted for an invention introduced from a foreign country remains in force cannot exceed by more than six months that stated in the patent taken out for the invention in that country. Art. 7. The possessor of a patent shall be exclusively entitled to the use and proceeds of the discovery, or the perfecting or introduction of one, for which it shall have been granted; consequently he can bring an action against infractors of his patent, and on conviction they shall be condemned, besides confiscation, to pay to the patentee all costs and damages; and, moreover, a fine of twenty per cent. on the total amount of the preceding condemnation, which shall be applied to public expenses. Art. 8. Should the denunciation of fraud, followed by the sequestration of the defendant’sproperty, be found devoid of proofs, the patentee shall be condemned to pay to the defendant all losses and damages which he may have sustained, besides a fine of twenty per cent. on the total amount of the said losses and damages, to be applied in like manner to public expenses. Art. 9. Every patentee shall have the right of forming establishments in different parts of the Republic, excepting only such reserved places as have been declared to him beforehand, as well as of authorising other individuals to use and put his procedure, his discovery, and his secret in practice—in fine, to dispose of his patent as if it were personal property. Art. 10. Before the expiration of the period for which the patent is granted, the descriptions of the invention can only be communicated to some citizen who may wish to consult them, unless political or commercial reasons should require the whole to be kept secret, or the inventor has solicited and obtained at the time he took out the patent an assurance that complete reserve shall be maintained with regard to his invention. Art. 11. At the expiration of the patent the invention or discovery shall become the property of the Republic; and the Supreme Government shall cause a description of it to be published, and shall allow it to be generally used and engaged, save and except when it shall be necessary to place some restrictions on it. Art. 12. This publication shall also take place, and the use of the operations which constitute the invention declared free, if the possessor of a patent loses his right to it, which can only happen in the following cases: First, when the inventor shall be convicted of having omitted in his description any of the procedure essential to the preparation of the article invented, or of not having set it forth with sufficient fidelity or details; secondly, when he has not communicated the new modifications or improvements of his discovery known to him at the time when he takes out his patent or even discovered by him after having obtained it, and the enjoyment of which is as safely guaranteed to him as that of the first invention; thirdly, when it shall be demonstrated that he has obtained his patent by an invention already to be found and described in works printed and published, so that in reality it is no new invention; fourthly, when, during the lapse of two years from the date of the patent, he has not begun to make use of his discovery, excepting when he can give good reasons for the delay; fifthly, when, after he has obtained a patent from the republic, he is convicted for having obtained another for the same invention in a foreign country without preliminary authority; sixthly, the patent shall in like manner be revoked, the invention published, and its use made free, if the purchaser of the right to use an invention specified in a patent violates the conditions imposed on the inventor, conditions which are not the less binding on the purchaser. Art. 13. If a discovery which is useful to the public is found to be eminently simple in its execution and susceptible of being too easily imitated, the inventor, instead of a patent, may demand an equivalent remuneration. Art. 14. This may likewise take placewhen the inventor prefers the honour of causing the nation to enjoy the advantages of his discovery at once. This remuneration shall be proportionate to the respective utility of the inventions, well and duly certified and appreciated. Art. 15. If any one discovers a fresh improvement for an invention already guaranteed by a patent, he shall obtain, at his request, another patent for the separate use of this new improvement, nevertheless he shall never be permitted, under any pretext whatsoever, to use or cause to be used the principal invention, and reciprocally the inventor cannot use or cause to be used the new improvement, without prejudice to such arrangements as may be made between themselves. Art. 16. The priority of invention, in cases of dispute between two patentees relative to the same article, shall be awarded to him who has first made the declaration and deposited the documents, as required in Art. 4.In order that every one may be made acquainted with the present decree, it shall be published in the legal form and deposited in the public archives.CARLOS ANTONIO LOPEZ.AUDRES GIL, Sec. to the Supreme Government.Assumption, 20th May, 1845.

Art. 1. Every discovery or new invention in whatever branch of industry it may be, is the property of the inventor, and its enjoyment is guaranteed to him in the form and for the time specified in the following articles. Art. 2. Every means of giving to a production already in existence a greater degree of perfection shall be considered as a new discovery. Art. 3. Whosoever shall introduce into the Republic a discovery of foreign origin shall enjoy the same advantages which he would have derived from it had he been the inventor. Art. 4. Whosoever is desirous of obtaining and insuring to himself the enjoyment of an industrial property of the description above-mentioned, shall—first, address to the Secretary of the Supreme Government a declaration in writing specifying the nature of his claim, whether it is for a discovery, the perfecting, or the introduction of one; secondly, forward under seal an exact description of the principles, means, and procedure which constitute the discovery, as well as the plans, designs, models, and other documents which relate to it, and which sealed paper or volume shall be opened at the moment when the inventor shall receive a title to his property. Art. 5. The inventor shall be granted a patent which shall guarantee him the discovery as his property for the space of five or ten years, reckoned from the date of the patent. This period, however, may be extended, and other advantages conceded if the importance of the invention is so great as to call for extraordinary protection. Art. 6. The period during which a patent granted for an invention introduced from a foreign country remains in force cannot exceed by more than six months that stated in the patent taken out for the invention in that country. Art. 7. The possessor of a patent shall be exclusively entitled to the use and proceeds of the discovery, or the perfecting or introduction of one, for which it shall have been granted; consequently he can bring an action against infractors of his patent, and on conviction they shall be condemned, besides confiscation, to pay to the patentee all costs and damages; and, moreover, a fine of twenty per cent. on the total amount of the preceding condemnation, which shall be applied to public expenses. Art. 8. Should the denunciation of fraud, followed by the sequestration of the defendant’sproperty, be found devoid of proofs, the patentee shall be condemned to pay to the defendant all losses and damages which he may have sustained, besides a fine of twenty per cent. on the total amount of the said losses and damages, to be applied in like manner to public expenses. Art. 9. Every patentee shall have the right of forming establishments in different parts of the Republic, excepting only such reserved places as have been declared to him beforehand, as well as of authorising other individuals to use and put his procedure, his discovery, and his secret in practice—in fine, to dispose of his patent as if it were personal property. Art. 10. Before the expiration of the period for which the patent is granted, the descriptions of the invention can only be communicated to some citizen who may wish to consult them, unless political or commercial reasons should require the whole to be kept secret, or the inventor has solicited and obtained at the time he took out the patent an assurance that complete reserve shall be maintained with regard to his invention. Art. 11. At the expiration of the patent the invention or discovery shall become the property of the Republic; and the Supreme Government shall cause a description of it to be published, and shall allow it to be generally used and engaged, save and except when it shall be necessary to place some restrictions on it. Art. 12. This publication shall also take place, and the use of the operations which constitute the invention declared free, if the possessor of a patent loses his right to it, which can only happen in the following cases: First, when the inventor shall be convicted of having omitted in his description any of the procedure essential to the preparation of the article invented, or of not having set it forth with sufficient fidelity or details; secondly, when he has not communicated the new modifications or improvements of his discovery known to him at the time when he takes out his patent or even discovered by him after having obtained it, and the enjoyment of which is as safely guaranteed to him as that of the first invention; thirdly, when it shall be demonstrated that he has obtained his patent by an invention already to be found and described in works printed and published, so that in reality it is no new invention; fourthly, when, during the lapse of two years from the date of the patent, he has not begun to make use of his discovery, excepting when he can give good reasons for the delay; fifthly, when, after he has obtained a patent from the republic, he is convicted for having obtained another for the same invention in a foreign country without preliminary authority; sixthly, the patent shall in like manner be revoked, the invention published, and its use made free, if the purchaser of the right to use an invention specified in a patent violates the conditions imposed on the inventor, conditions which are not the less binding on the purchaser. Art. 13. If a discovery which is useful to the public is found to be eminently simple in its execution and susceptible of being too easily imitated, the inventor, instead of a patent, may demand an equivalent remuneration. Art. 14. This may likewise take placewhen the inventor prefers the honour of causing the nation to enjoy the advantages of his discovery at once. This remuneration shall be proportionate to the respective utility of the inventions, well and duly certified and appreciated. Art. 15. If any one discovers a fresh improvement for an invention already guaranteed by a patent, he shall obtain, at his request, another patent for the separate use of this new improvement, nevertheless he shall never be permitted, under any pretext whatsoever, to use or cause to be used the principal invention, and reciprocally the inventor cannot use or cause to be used the new improvement, without prejudice to such arrangements as may be made between themselves. Art. 16. The priority of invention, in cases of dispute between two patentees relative to the same article, shall be awarded to him who has first made the declaration and deposited the documents, as required in Art. 4.

In order that every one may be made acquainted with the present decree, it shall be published in the legal form and deposited in the public archives.

CARLOS ANTONIO LOPEZ.AUDRES GIL, Sec. to the Supreme Government.

Assumption, 20th May, 1845.

In respect to what Sir Woodbine says in reference to the products of Paraguay not bearing the expense of transport, it will perhaps be sufficient to cite in a note[105]the opinions of practical men upon the exceeding desirability and the feasibility of Europeans availing themselves of one of its staples most essential to English manufactures, as set forth in the leading journal a few months back.

There was always a strong presentiment among commercial men in this country that a treaty with Paraguay would be productive of great advantages; and there is an equally strong conviction still, despite the apprehended obstacles raised by the Buenos Ayrean Government in respect to the enforced protectorate of the island of Martin Garcia, that the treaty ratified on November 2nd, by Lord Clarendon and his Excellency Don F. Lopez, the accomplished son and representative of the President of Paraguay at the British Court, and a copy of which was presented to parliament the opening day of the present Session, by Lord JohnRussell,[106]will, in due time, effect most of the benefits anticipated. But so complete is the ignorance in England of the real mercantile resources of Paraguay, that even public writers most disposed to augur well of the treaty in question propagated notions concerning that territory so far short of the actual fact, that, if they were true, certain politicians might be almost justified in now pooh-poohing what has been accomplished, just as they did when it was attempted some years ago. For instance, one journal, long celebrated for its supposed peculiarly accurate information on foreign topics, mercantile as well as political, stated, immediately after the ratification of the treaty, as a piece of intelligence of great significance, that Paraguay was the most populous of all the La Plata provinces, ‘except Buenos Ayres’—the truth being that the Paraguayan population exceeds the Buenos Ayrean upwards ofthreefold—exceeds that of all the Argentine States and the Banda Oriental put together! while, contrary to the general belief even in South America, its power of consumption is greater than the rest of the interior provinces of the Confederation.[107]Consideringits extreme isolation hitherto, and that modern writers professing to treat of it have almost invariably drawn their information from second-hand or apocryphal sources, it is perhaps but natural that there should be extant but little reliable knowledge respecting Paraguay. In proceeding to supply much of the void complained of, the first fact to which we would draw the attention of mercantile men is, not so much its varied products, many of them most suitable to British purposes, nor its advantages, peculiarly fitting it to nourish an important commerce, considering its fine climate,[108]fruitfulsoil, and numerous[109]population, but to the stable and enduring nature of its governmental status.

VIEW NEAR ASSUMPTION.

Unlike all the Platine provinces, Paraguay is blest with a government which, though Republican in name and in the forms of its administration, guarantees the preservation of public order; and is not exposed to those constant revolutionary vicissitudes that have come to be regarded as the normal condition of the neighbouringpowers of Spanish origin. Hence, to our thinking, the great value of this treaty with a government not only willing but able to realize its intended share in the arrangement. We have not only fully entered into relations with a country new, rich in natural treasures, peopled with a docile race well disposed towards us,[110]and situate at the head of a vast internal navigation, but we may rely upon the utmost effect being given by the executive to the stipulations it has undertaken to observe, and that the open navigation of the Paraguay and Upper Parana shall be secured to the British flag, free from all alteration or sudden closing of these rivers;—thus completing that security so essential to successful enterprise and speculation.

Surely we are not too sanguine in believing that a noble territory geographically so situate, politically so secure under the firm and sagacious guidance of President Lopez,[111]whose capacity promisesto be hereditary, and affluent in so many of the raw materials of European manufacture and necessity, will speedily develope itself among nations in a manner worthy of its natural endowments. The prospective mutual benefits that are likely to be derived from this treaty are of far greater magnitude than appearto be generally understood in England, or perhaps even in Paraguay itself, although they must, in a great measure, depend on the spirit in which the new reciprocal relations may be cultivated and extended; but, be the result what it may hereafter, we have abundant reason to be grateful for the exertions of Sir Charles Hotham in having done so much to lay the foundation of future commercial prosperity. Probably opposition will continue to be made by Buenos Ayres to the execution of the other treaty with Urquiza, although the active energies of Sir Charles were, in both cases, exerted only for the obvious mutual advantage of all parties concerned; but as regards the Paraguay treaty, at all events, no such obstacles are to be apprehended. The government of Paraguay have constantly shown a laudable desire to establish European intimacy, which circumstances not depending upon itself have too long delayed. Had the project so wisely entertained, and so vigorously promoted, as far as his power extended, by our able Minister at Monte Video in 1845-6, been prosecuted to the end, and the independence of Paraguay recognized by the British Government in conformity with the wishes of Sir W. Gore Ouseley, when, in conjunction with Baron Defaudis, the French Minister, Captain (now Sir C.) Hotham was sent toAssumption, to treat with President Lopez, there can be no question that many of the subsequent troubles and difficulties of the La Plata question would have been altogether obviated; Rosas would long ago have been expelled; his vast property (the non-sequestration of which was the grand error of Urquiza) would not have been employed to promote the revolutionary intrigues it has since done, but which it will do no longer, as it is now confiscated; and Paraguay, instead of merely being about entering on its noviciate, would have had seven years’ experience of reciprocity with the old world by this time.

LOOKING TOWARDS ASSUMPTION.

By selecting Sir C. Hotham for the mission to Paraguay, Lord Malmesbury virtually continued, in the person of the very officer chosen for that purpose, the commercial policy initiated in ’45-6 by Sir W. G. Ouseley. On that occasion, as more recently, the English were received by the Paraguayans with the greatest cordiality, though at the same time with a reserve not unbecoming a people whoseamour proprewas wounded by their independence not being recognized in the first instance. Once that all-essential formality was complied with, negotiations proceeded as satisfactorily as could be desired. It is understood that when the Paraguayan Envoys were sent to Monte Video in ’46 to treat with our then Minister there, Sir William suggested that a number of distinguished young natives should be sent to England, that they might judge of our institutions and commercial spirit for themselves, and report to him that this country had, and could have, no sinister motive to serve by a treaty with Paraguay. Concurring in that opinion, President Lopez wisely caused his son, the minister plenipotentiary to this court, General Lopez, to be accompanied by a numerous suite of military officers and civilians, together with a younger brother of the General’s, as secretary, full of intelligence, and by M. Gelli, a veteran diplomatist. The General, though a young man, has for some years been commander-in-chief of the Paraguayan forces, and is said to manifest great ability and a large faculty of observation, evincing a keen desire to obtain information on all subjects likely to be of benefit to his country. He made a very favourable impression in England, and still more so in France, where he was received with the greatest distinction, the Emperor, Napoleon the Third, according him public and private audiences amidst the most imposing ceremonial of state. He is now (April, 1854,) engaged in making a tour in Italy, and through the continent; and in the course of the present summer will return to Paraguay, his naturally fine mind stored with the fruits of an observant and diversified experience, and his excellent disposition in no way deteriorated, it is to be hoped, by his acquaintance with the peoples of the old world.

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