608 



PAEAGUAY. 



to Paraguay; and they shall require proper guar- 

 anties to secure the effectiveness of said arrange- 

 ments, but on condition that said arrangements con- 

 cerning river policy whether as regards the afore- 

 mentioned rivers or the Uruguay as well shall be 

 drawn up in common accord between the allies and 

 whatever other littoral States may, within the period 

 agreed upon by the allies, accept the invitation that 

 may be extended to them. 



ART. 12. The allies reserve to themselves the right 

 of concerting the most suitable measures to guarantee 

 peace with the Republic of Paraguay after the over- 

 throw of its present government. 



ART. 13. The allies will, at the proper time, name 

 the plenipotentiaries who shall represent them in 

 conference to make whatever agreements, conven- 

 tions, or treaties may be necessary with the new gov- 

 ernment that shall be established in Paraguay. 



ART. 14. The allies shall exact from said govern- 

 ment payment for the expenses caused by this war 

 a war which has been, forced upon them ; and also 

 reparation and indemnification for the injuries and 

 wrong done to their public as well as private prop- 

 erty, and to the persons of their citizens previous to 

 any express declaration of war ; likewise for the in- 

 juries and wrongs caused subsequently in violation 

 of the principles that govern in the laws' of war. The 

 Oriental Republic of Uruguay shall, moreover, exact 

 an indemnity proportionate to the injuries and wrongs 

 which the government of Paraguay has done her in 

 this war, into which it compelled her to enter for the 

 defence of her rights threatened by said government. 



ART. 15 provides for the manner and form of the 

 settlements to be made under the preceding articles. 



ART. 16. In order to avoid the discussions and wars 

 which arise out of questions relating to territorial 

 boundaries, it is agreed that the allies shall require 

 of the government of- Paraguay to make a special 

 treaty with each one to define their respective boun- 

 daries on the following bases : 



The Argentine Republic shall be separated from the 

 Republic of Paraguay by the rivers Parana and Para- 

 guay, up to the points where said rivers touch Bra- 

 zilian soil, such point, in the case of the Paraguay 

 River, being on its right bank at the Buhia Negra. 



The empire of Brazil shall be separated from the 

 Republic of Paraguay, on the side of the Parana, by 

 the first river above the falls, called the Seven Cata- 

 racts, the line running from the mouth of said river 

 along its whole course to its source ; according to 

 the new map of Mouchez, said river is the Ygurey. 

 On the left bank of the river Paraguay it shall be 

 separated by the river Apa, from its mouth to its 

 source. In the interior they shall be separated by 

 the Maracayn range of mountains, the eastern slopes 

 of which belong to Brazil and the western to Para- 

 guay, between the two points at vyhich the shortest 

 straight lines can be drawn respectively from the said 

 range to the sources of the Apa and Ygurey. 



ART. 17. The allies mutually guarantee to each 

 other the faithful fulfilment of the agreements, con- 

 ventions, and treaties that may be necessary to make 

 with the government that is to be established in 

 Paraguay, in accordance with the stipulations of the 

 present treaty of alliance, which shall remain in full 

 force and vigor until those stipulations be respected 

 and fulfilled by the Republic of Paraguay. In order 

 to obtain this result they agree that, in case one of 

 the high contracting parties fails to obtain from the 

 government of Paraguay the fulfilment of its agree- 

 ment, or that the latter government attempt to annul 

 the stipulations agreed to with the allies, the others 

 shall actively use all their efforts to obtain their ful- 

 filment. Should these be useless, the allies shall join 

 together all their means to render effective the stipu- 

 lations m?de with them. 



ART. 18. This treaty shall remain a secret until the 

 principal object of the alliance be obtained. 



ART. 19. Such stipulations of this treaty as do 

 not need legislative ratification, shall commence to 



have effect as soon as they shall be approved by the 

 respective governments, and the remainder imme- 

 diately after the exchange of ratifications, which shall 

 take place within the period of forty days from the 

 date of this treaty, or before, if possible. 



In testimony whereof, etc. ; in the city of Buenos 

 Ayres, the first day of May, in the year of our Lord 

 1865. C. DE CASTRO, 



J. OCTAVIANO DE ALMEIDA ROSA, 



RUFINO DE EL1ZALDE. 



Their excellencies the plenipotentiaries of the Ar- 

 gentine Republic, of the Oriental Republic of Uruguay, 

 and of his majesty the Emperor of Brazil, having 

 convened in the office of Foreign Affairs, have agreed : 



1. That in execution of the treaty of alliance of 

 this date, the fortifications of Humaita shall be de- 

 molished ; and it shall not be permitted to erect others 

 of alike nature that might impede the faithful execu- 

 tion of said treaty. 



2. That, it being one of tlie necessary measures to 

 guarantee a peace with the government which shall 

 be established in Paraguay, there be left in Para- 

 guay neither arms nor munitions of war; such as 

 may be found there shall be divided in equal parts 

 among the allies. 



8. That the trophies or booty which may be taken 

 from the enemy shall be divided among the allies 

 capturing the same. 



That the commander of the allied armies shall con- 

 cert the measures necessary to carry into effect what 

 is herein stipulated. 



And they signed this protocol in Buenos Ayres, on 

 the 1st of May, 1865. 



CARLOS DE CASTRO, 



J. OCTAVIANO DE ALMEIDA ROSA, 



RUFINO DE ELIZALDE. 



At the beginning of the year, the allied ar- 

 mies of Brazil, the Argentine Republic, and 

 Uruguay, were mostly concentrated at Paso de 

 la Patria. The iron-clad gunboat Tamandar6, 

 with two small gunboats, were about to leave 

 for Humaita, to reconnoitre that stronghold, 

 hold, and also to make a thorough exploration 

 of the river, in consequence of numberless re- 

 ports at Buenos Ayres and Montevideo concern- 

 ing obstructions said to be placed in the Parana 

 river, by order of President Lopez, such as tor- 

 pedoes, infernal machines, chains, booms, etc. 



The estimates of the strength of the allied 

 army differed. .According to one account it was 

 as follows: Brazilians, total strength, 30.000 ; 

 Caceres, Correntino army, 7,000 ; General Mitre, 

 Argentine, 13,000; General Flores, vanguard, 

 7,000 ; total, 57,000. 



From later accounts it would seem that the 

 Brazilian force, still close to the bank of the 

 Parana, under General Osorio, mustered 33,000 

 men. This force was encamped two leagues 

 to the north of Corrientes. at the village of 

 San Cosme. The Argentine consisted of 

 4,000 men, under General Mitre, at En- 

 senada, a small place on the Parana, opposite 

 the Paso de la Patria. The Oriental army was 

 composed of one brigade of Brazilians, under 

 Colonel Kelly, and one brigade of Argentines, 

 under General Paunero, and only 1,000 

 Oriental*, the whole commanded by the active 

 and enterprising chief and President Florcs. 

 These troops were encamped about five miles 

 to the northeast of San Cosme. Oi the whole, 



