which, modifying their present internal constitution and uniting at the same time their power and resources in one sole nationality, may fully and efficiently bring about these ends; agreed in the name of their governments, and in order that they may previously be submitted to the approval of the people of Peru and of Bolivia, upon the following bases of union of the two countries." I. Peru and Bolivia shall become a single nation called the Peru-Bolivian United States. This union is based upon American public law, and is formed to confirm the independence, the inviolability, the internal tranquility, and external security of the States embraced therein, and to promote their development and prosperity. II. The present departments of each of the two republics, saving such modifications as may be sanctioned by the constitutional assembly, shall be formed into independent states, having their own institutions and laws, not to conflict, however, with the constitution or laws of the union. Nevertheless, the departments of Tacna and of Oruro, of Potosi and Tarapacá shall form the States denominated Tacna of Oruro and Potosi of Tarapacá. The regions of the "Chaco" and of the "Beni" in Bolivia, and that called the "Montania" in Peru, as well as other territories which may exist in analogous conditions, shall form federal districts, subject to special legislation, and to the direct control of the government of the union. III. The States shall constitute their sovereignty according to the principles of the republican representative system, to the declarations and guarantees of the national constitution, and to those laws of the union which assume to them the administration of justice, the municipal organization, primary education, and material progress, all to be supported out of their own resources. IV. The union of the States is indissoluble, consequently no State can separate itself therefrom. V. The States are equal in rights. That of citizenship is common to them. VI. No new State can be formed within the territory of another or others, nor can one be formed of two or more, without the vote of the legislatures of each of the States interested, and the sanction of the national Congress, given in two sessions, with entirely renewed personality of voters. VII. The States cannot make treaties, one with another, save for the furthering of the administration of justice, of economic interests or works of common utility, with the consent of the national Congress. They do not enjoy the right of asylum with respect to one another. VIII. The States do not exercise the power delegated to the nation. Consequently they cannot represent it before other powers. Nor can they make laws concerning foreign commerce or navigation, nor establish custom-houses; nor coin money; nor charter banks of issue without the permission of the general government; nor alter the codes which Congress may sanction for the union; nor make laws regarding citizenship or naturalization, nor fit out ships of war or raise armies, save in case of invasion or imminent danger from abroad, giving in such case immediate notice to the national gov ernment. IX. No State can declare or make war on another. Their complaints shall be submitted to the judgment and decision of the supreme federal court. Any act of hostility shall be deemed an act of civil war, which it is the duty of the national government to quell and suppress in the exercise of its attributes. X. The governors of the States are the natural agents of the national government, to exact compliance with the constitution and laws of the union. XI. It is obligatory upon the States to furnish the quota of troops corresponding to them, to form the national army in time of peace or war. XII. The national government shall be vested in the legislative, executive, and judicial powers of the union. XIII. A Congress, composed of two chambers, one of National Deputies, and the other of State senators, shall exercise the national legislative authority. XIV. The Chamber of Deputies shall be composed of representatives elected directly by the citizens of the States, which shall be considered, for this purpose, as electoral districts, the number of such representatives being determined in proportion to the population. Their term of office shall be four years. XV. The Senate shall be composed of two senators from each State, elected by their several legislatures. Each senator shall have a vote and their term of office shall be six years. The functions of the Senate shall be permanent. XVI. The national Congress shall meet, ordinarily, each year. Nevertheless, it may be convoked, extraordinarily, by the executive, and for determined objects. XVII. The national executive authority shall be vested in a citizen, with the title of President of the Pern-Bolivian United States, assisted by ministers of state, and in case of the absence or impediment of the former, by a Vice-President, who shall be the president of the Senate, and who shall have no vote save in case of a tie. The term of office for the President shall be for five years, and he shall not be eligible for re-election until after the lapse of a like period. The ministry shall be formed of citizens of the two united republics, at least during two presidential terms, consulting, as far as may be possible, equality of representation. XVIII. The President of the union shall be elected by direct voting by the citizens of the States, according to their several laws; but each one shall vote for two citizens, one of whom shall be of the State and the other not. Should no citizen obtain an absolute majority of votes, the federal Congress shall choose from among the three who may have obtained the relative majority. XIX. The judicial authority of the union shall be exercised by a supreme court of justice and by such special tribunals as Congress may establish for the nation. XX. The duties and their limitations of the high powers of the union shall be fixed by the national constitution, according to the principles of this system of government, consecrated by the practice of those nations which have already adopted it. XXI. The constitutional assembly shall designate the place within the territory which is to be the capital of the union, and which shall be under the immediate authority of the President of the United States. XXII. The national government shall provide for the expenses of the union from the funds in the treasury, which shall be formed by the product of import and export duties, of the sale or rental of government lands, of the natural products of the sale. of the post-office department, of general indirect tax, and of such other resources as may be voted by the federal Congress. The tax upon incomes and local contributions belong to the treasuries of the States or municipalities. XXIII. The national government shall not intervene in the territory of the States, except to cause the constitution and federal laws to be respected, and at the request of their constituted authorities, to sustain or re-establish them, should they be threat ened by invasion from another State, or deposed by sedition. XXIV. Within the republic the circulation of merchandise produced or mannfæ tured in the country, as well as that of the goods or merchandise which may have been dispatched through the custom-houses of the union, shall be free of duty. In this exemption are not included municipal taxes, the creation of which, however, must be submitted to the legislature of the State. XXV. The vehicles, vessels, or animals carrying the articles mentioned in the preceding section, tools and materials for the construction of roads, river or telegraphic conmunication between the States, as well as the herds passing from the territory of one state to another, enjoy the exemption. XXVI. The representation abroad of the union belongs exclusively to the federal executive, who will invite friendly nations to a revision of such treaties as they respectively may have celebrated with Peru and with Bolivia, in order to renew and unify the same. XXVII. Peru and Bolivia owe nothing whatever to one another for account of the expenses which the war of both countries against Chili may have caused them up tɔ the date of the union. In witness whereof the undersigned plenipotentiaries, authorized ad hoc by their respective governments, signed and sealed the present protocol the day and date aluve written. Protocol complementary of the preliminary bases of the federal union of Peru and Bolts, 1880 In Lima, capital of the Republic of Peru, the 11th day of June, in the year the undersigned plenipotentiaries having met in the hall of public audience of the department of foreign affairs and worship, with the object of completing the bases of the federal union of Peru and Bolivia, which they have stipulated and agreed upon under this same date, with other points of accessory or transient character, in order thus to obviate the obstacles which might arise to the more prompt and effectual realization of an act so important to both republics, agree upon the following: I. The preliminary bases of union shall be submitted to the acceptance of the people of Peru and of Bolivia, without which they shall be of no effect. II. This acceptance, expressed in such form as circumstances may permit, shall moreover contain the declaration whether the establishing of the federal system shall be at once proceeded with or not. III. In the affirmative event, and until the constitution and federal institutions by the constitutional assembly, which shall meet in the city of Arequipa on the 9th of December, 1881 (unless events arising from the war shall compel an anticipation or further delay, which shall be determined by a vote of the provisional Senate), there shall be a provisional federal system established upon the following bases: First. The federal government shall be formed of the Supreme Chief of the two nations, one being the President and the other the Vice-President of the union. A popular election of the said magistrates being impossible in the initial condition of the union, and in view of the motives of availability, the first named office is assigned to the Supreme Chief of Peru, and the second to that of Bolivia. Second. A provisional Senate, composed of ten representatives designated by Peru and an equal number by Bolivia, shall undertake the drawing up of the constitution and organic laws of the union, especially the electoral law for deputies to the constitutional assembly, and shall act, likewise, as a consulting body for the central gov ernment. Third. From this moment the custom-houses between Peru and Bolivia are abolished, and the political and economic union of both republics fully established. Fourth. The provisional Senate shall prepare drafts of federal laws upon post-offices and telegraphs, upon custom-houses, upon money and banking institution, upon the railroads of the union, upon the appropriations for the same, upon literary and artistic copyright, obligatory military service, and other matters of general interest. Fifth. The federal constitution shall be in force provisionally during five years from its promulgation, within which time such amendments and reforms as experience may suggest shall be made. The last legislature of this period of five years shall put it definitely in force, and no alterations can thereafter be made in it, save by virtue of the provisions established therein for the purpose. Sixth. The States shall be governed and administered provisionally until the federal and their own individual constitution be sanctioned by governors appointed by the supreme chiefs of Peru and Bolivia, respectively, for those department's which are to become States in either country, and by common consent for those of Tacna de Oruro and Potosi de Tarapacá. These governors shall be subject to the laws at present in force in their respective departments, and to the instructions issued by the provisional government of the union. In the States of Tacna de Oruro and Potosi de Tarapacá, the government of the union, with the vote of the Senate, will decide as may be necessary such conflicting cases as may arise from the different legislations of the two countries to which the departments forming the said States originally belonged. The removal and substitution of governors once appointed shall be made by the provisional Senate. Seventh. A mixed commission shall undertake the fixing of the public debt of Peru and Bolivia in its different forms. Eighth. Another commission, likewise mixed, shall study and suggest the most proper territorial demarcation of the States, that the same may be submitted for the approbation of Congress within the period of provisional constitutionality. Ninth. The coat-of-arms of the Peru Bolivian United States shall be of Germanic form; it shall have in the center a sun of the color of gold, surrounded by stars of the same color, upon a purple ground, and in the upper part a condor resting upon and seizing it with his talons. The war flag of the said States shall be of rectangular form, the contiguous sides of which shall be in the proportion of one to two-thirds, and it shall bear in the center the same sun and the same stars as the shield upon a similar ground. Tenth. In case of vacancy of the office of the provisional President or Vice-President, it shall be filled by election by the Senate, to be made-each member thereof voting for two citizens-one Peruvian and one Bolivian. The models of the coat of arms and flags are annexed to this protocol. In witness whereof the undersigned plenipotentiaries signed and sealed the same on the day and date above set forth. (In duplicate.) PEDRO JOSÉ CALDERON. CORRESPONDENCE WITH THE PERUVIAN LEGATION IN THE UNITED STATES. No. 538. Mr. Tracy to Mr. Evarts. [Translation.] LEGATION OF PERU, New York, November 5, 1879. (Received November 7.) SIR: Under date of the 6th of October last, the minister of foreign affairs of Peru informs me that on the 14th of August last was signed in Paris, between the plenipotentiary of the republic, Señor Goyeneche, and the Marquis of Molins, the Spanish ambassador in France, a treaty of peace and friendship between Peru and Spain, which treaty, after being approved by the national Congress, which was voted unanimously. was ratified on the 2d October by his excellency the first vice president in charge of the executive power. For a long time past there had been noticed in both countries a gene ral aspiration for a definite and perfect peace, and that result would have been attained, so far as Peru was concerned, in 1872, in the conference held in Washington on the 24th of January of that year, at the invitation and under the worthy and friendly mediation of the Govern ment of the United States, if the plenipotentiary of Chili had not de manded of Spain "reparations for the offense and injuries inflicted o his country in the bombardment of Valparaiso." Since that date, and notwithstanding that on different occasions Pern might, with perfect propriety, have signed the peace, and that a collective arrangement was, as she was convinced, almost impossible; she took no action in favor of any arrangement, even sacrificing her aspirations and interest, through an excessive consideration for her forme: ally, the Republic of Chili. Lately, and severed as Peru now is from that republic, by reason of the perfidious and iniquitous war which she had declared against her, and after reaching an accord with the Governments of Bolivia and Ecuador, she has been able to act, as she has done, for herself alone, and in terms highly honorable for both nation. The Government of Peru being assured that that of the United States will receive with lively satisfaction the intelligence of so fortunate an event, the minister of foreign affairs charges me to communicate it to the cabinet of Washington, through your excellency's worthy channel, in testimony of the grateful and imperishable remembrance which the Peruvian people hold of the efforts which the government of your excellency was pleased to make in favor of peace between the republics of the Pacific and the Kingdom of Spain. In informing your excellency, therefore, that the unhappy dissensions which, for so many years, have separated Peru and Spain, are in consequence consigned to complete oblivion, as should be the case with two states united by imperishable ties of blood, religion, and customs, I comply with the orders received from the ministry of foreign affairs, and honor myself at the same time in offering anew to your excellency the assurances, &c. JOSÉ CARLOS TRACY. No. 277.] PORTUGAL. No. 539. Mr. Moran to Mr. Evarts. LEGATION OF THE UNITED STATES, Lisbon, September 19, 1879. (Received October 8.) SIR Referring to my Nos. 254, 255, 256, 257, and numerous prior dispatches, relating to the United States Naval Cemetery at Porto Grande, St. Vincent, Cape Verd Islands, I have now the honor to inclose herewith a copy of a letter from Mr. Terry, dated the 28th ultimo, announcing the transfer of the remains of the dead from the old to the new cemetery lately formed by the Portuguese authorities at that island. It seems that the ceremony of the transfer was conducted with great respect by the Portuguese civil, military, and naval authorities. I have thanked Mr. Terry for the part he has taken in this long and tedious business, and I inclose a copy of my letter of thanks to him. * Mr. Terry deserves great praise for his share in causing the formation of the new cemetery, and the transfer of the dead to it, and he suggests that a suitable monument to mark the last resting place of the officers and seamen buried in St. Vincent be forward from the United States. This suggestion meets with my approval, and I trust that the Department will also see it in a favorable light. This has been a perplexing negotiation, and I congratulate the gov ernment on its satisfactory termination. I have, &c., BENJAMIN MORAN. [Inclosure 1 in No. 277.] Mr. Terry to Mr. Moran. CONSULATE OF THE UNITED STATES, Santiago, Cape Verd Islands, August 28, 1879. SIR: I have the honor to inform you that I have lately returned from the island of St. Vincent, to which place I went in order to witness the transfer of the remains of the buried dead from the old to the new American cemetery lately erected by the Portuguese authorities for the United States of America. It was very necessary, on account of the low, marshy ground on which the old cemetery was located, to wait until what is called the dry season, or about the 1st of August, which I did. It occupied six days for exhuming and transferring the remains. The Portuguese authorities did all in their power to show respect, including civil, military, and naval. It was utterly impossible to know the names of those removed, consequently the remains were placed in two coffins and buried side by side. There is no monument or head-stone to mark their last resting place, and I would suggest that a suitable one be forwarded from the United States. The new cemetery is all that could be desired. Hoping to hear from you soon, as I have received no answer of late, remaining always at your service, I am, &c., Inclosure 2 in No. 277.] THOMAS W. TERRY, Consul. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your letter of the 28th ultimo informing me of your return from the island of St. Vincent, where you have lately |