No. 164.] No. 10. Mr. Wright to Mr. Fish. LEGATION OF THE UNITED STATES, Rio de Janeiro, March 20, 1871. (Received April 24.) SIR: I have the honor to acknowledge the receipt of your dispatch No. 52, in reference to certain property of Paraguayans, of the Government of the United States, of Mr. Washburn, and Mr. Duffield, alleged to have been seized as booty at the legation of the United States in Asuncion, by soldiers in the service of the empire of Brazil, upon their entrance into that capital. Your instructions upon this subject have my attention, and I shall seek an early occasion for a conference in conformity therewith, with the minister of foreign affairs. Of the result you shall be duly informed. I have, &c., ROBERT CLINTON WRIGHT. No. 167.] No. 11. Mr. Wright to Mr. Fish. [Extract.] LEGATION OF THE UNITED STATES, Rio de Janeiro, March 24, 1871. (Received April 24.) SIR: In continuation of my dispatch No. 164, I have now the honor to inform you that I yesterday had a conference with the minister of foreign affairs in reference to the subject of your dispatch No. 52. I preferred to confer with him personally in the first place, rather than to make the matter the subject of a note, and after reading to him an extract from your dispatch, which I had prepared to leave with him, I called his attention to the fact that the question involved was the recog nition of a principle, and that as he would naturally desire to consult his colleagues, I should not then press him for any solution. I saw plainly that the whole subject of Paraguay was a sore one; but the minister promised to inform himself, and then give me his views. I have, &c., ROBERT CLINTON WRIGHT. No. 174. No. 12. Mr. Wright to Mr. Fish. LEGATION OF THE UNITED STATES, Rio de Janeiro, May 22, 1871. (Received June 20.) SIR: I have the honor to refer again to your dispatch No. 52, concerning the invasion of the legation of the United States at Asuncion, upon the occupation of that city by the Brazilian forces. In my dispatches Nos. 167 and 169 I had the honor to inform you of the action I had deemed it best to take, under the instructions conveyed to me by your dispatch No. 52, above referred to; that I had placed an extract from your dispatch in the hands of the minister of foreign affairs, and was awaiting a promised solution. Some weeks having passed without my having received any definite reply from the minister, I considered that the time had arrived to present the matter in a more formal shape, and to press the subject a little upon his attention. I consequently, on the 4th instant, addressed him a note, of which I annex copy, No. 1, but still remain without a reply. Some excuse for this may, perhaps, be found in the meeting of the chambers of which the ministers are members. I have, &c., .ROBERT CLINTON WRIGHT. No. 1. Mr. Wright to Mr. Correia. LEGATION OF THE UNITED STATES, The undersigned, acting chargé d'affaires of the United States of America, presents his compliments to his excellency Mr. Manoel Francisco Correia, and has the honor to state that he placed in the hands of his excellency, some weeks since, an extract from a dispatch of the honorable Hamilton Fish, Secretary of State of the United States, dated January 31 last, referring to certain property of Paraguayans, of the Government of the United States, of Mr. John H. Duffield, and of Mr. Washburn, which was left by Mr. Washburn at the legation of the United States, at Asuncion, upon his retiring therefrom. That legation, as appears from the dispatch referred to, was taken possession of by the Brazilian forces upon their entrance into Asuncion, and the property adverted to is alleged to have been seized as booty by soldiers in the service of the empire. His excellency will have seen that, while the Government of the United States claims no right to interfere for the recovery of the value of such part of this property as did not belong to itself or to citizens of the United States, it nevertheless appeals to the magnanimity of the imperial government in behalf of those Paraguayans who had deposited their property at the American legation. The Government of the United States goes further, and submits to the government of Brazil whether the position of this Paraguayan property, on deposit at the legation of the United States, was not analogous to that of an enemy's property on board a neutral ship at sea, which is exempt from seizure, under a principle understood to be respected by the Brazilian government. As regards the property of the United States, the property of Mr. John A. Duffield, and of Mr. Washburn, for this the Government of the Unites States will, in any event, expect reparation. The object of the undersigned in now placing these matters in their present form before his excellency Mr. Manoel Francisco Correia is that he may make it the occasion of requesting that his excellency will have the kindness to inform him what may be the views of the imperial government in regard to the property of the Paraguayans, which was deposited at the United States legation at Asuncion, the claimants for which are believed to be mostly helpless and destitute women. If the government of Brazil, responding to the appeal made so confidently to its magnanimity by the Government of the United States, shall favorably entertain the claims of those unfortunate Paraguayan women, steps will be taken to lay before the imperial government such proof as to the extent of their losses as may be attainable. The undersigned solicits the early attention of his excellency Mr. Manoel Francisco Correia to this matter, and avails of the occasion to renew to his excellency the assurances of his high respect and distinguished consideration. ROBT. CLINTON WRIGHT. No. 65.] No. 13. Mr. Fish to Mr. Wright. DEPARTMENT OF STATE, Washington, May 25, 1871. SIR: Your dispatch No. 169, of the 19th ultimo, reporting an interview with the minister of foreign affairs of Brazil, in regard to the invasion of the legation of the United States at Asuncion, by Brazilian soldiers, has been received. The objection of the minister of foreign affairs to the complaint cannot be regarded as by any means conclusive. The mere fact that some time may have elapsed between the departure of Mr. Washburn and the entrance of the Brazilian forces into Asuncion does not admit a presumption that the legation could have been sacked by Paraguayans. The obvious probabilities are so much the reverse, that we may deem ourselves warranted in stating that the whole burden of showing that the robbery was committed by Paraguayans must be assumed by Brazil. Of course, if this can be satisfactorily done, the accountability of Brazil in the matter will be at an end. SIR: By an instruction of the 7th of October, 1869, your predecessor was authorized to use his good offices unofficially toward bringing to a successful close certain negotiations, which were understood to be on foot at Rio de Janeiro, between Brazil and Bolivia, with reference to the navigation of the Madeira River. We are not informed what progress has been made in those negotiations. On the 29th of June, 1870, however, Congress passed an act incorporating the National Bolivian Navigation Company. It is understood that one of the purposes of that company is to prosecute navigation by steam on the river adverted to. As the company is believed to be composed mainly of citizens of the United States, this Government is naturally desirous that any obstacles to the success of their enterprise should be removed. Mr. James S. Mackie, one of the directors, has addressed a letter to the Department, requesting that the instruction to Mr. Blow might also be addressed to you. You will consequently so regard it. I am, &c., HAMILTON FISH. No. 178.] No. 15. Mr. Wright to Mr. Fish. [Extracts.] LEGATION OF THE UNITED STATES, Rio de Janeiro, June 10, 1871. (Received July 14.) SIR: Asking your reference to my dispatch No. 174, of the 22d ultimo, and to the copy of a note accompanying it, which I had addressed to the minister of foreign affairs, concerning the alleged invasion of the legation of the United States at Asuncion, by soldiers in the service of the empire of Brazil, I have now the honor to transmit herewith, No. 1, a translation of the minister's reply to my note above cited, and, No. 2, a copy of my answer to the minister's note. From the former you will observe that the minister proposed to deliver to such person as I might indicate all the property taken possession of at the legation at Asuncion, without distinction, in accordance with the schedules prepared at the time by a commission of officers appointed for the purpose; and, from the latter, that I have accepted the minister's proposition, and have requested that the delivery may be made to the Hon. John L. Stevens, our minister at Paraguay, or to his representative. I am awaiting a copy of the schedules referred to by the minister, and for which I have asked, that I may send it to Mr. Stevens, and inform him of the arrangement which has been made. I have asked for two copies of the schedules, that I might send one to you. You will please observe that, while accepting the minister's proposition, I have still reserved the right to our Government to take such further action as it may deem proper. * * Trusting that my action in this matter may meet your approval, I have &c., ROBT. CLINTON WRIGHT. No. 1. [Translation.] Mr. Correia to Mr. Wright. RIO DE JANEIRO, Ministry of Foreign Affairs, May 30, 1871. I have the honor to acknowledge the receipt of the note which Mr. Robert Clinton Wright, chargé d' affaires of the United States, addressed to me on the 4th instant. The senhor chargé d' affaires refers to the extract from the dispatch of Mr. Hamilton Fish, dated 31st January last, which he delivered to me some days since, and in which his excellency refers to articles belonging to Paraguayans, to the Government of the United States, and to Messrs. A. Duffield and Washburn, left by the latter at the American legation at Asuncion when he retired thence. Mr. Wright observes that from the dispatch referred to, it appears that the Brazilian forces, upon entering that capital, took possession of the said legation, and that the enemy's property was seized by the said forces. The senhor chargé d'affaires states that his government makes no claim for any property not belonging to it or to American citizens; it appeals, nevertheless, to the magnanimity of the imperial government in favor of the Paraguayans who deposited their effects in the American legation. The Government of the United States, adds Mr. Wright, goes farther, and submits to that of Brazil the following question: Whether the Paraguayan property deposited in the said legation was not in analogous circumstances to that of the enemy's property on board of a neutral ship at sea, which is not subject to seizure, under a principle admitted by Brazil. As regards the property of the United States and that of Messrs. Duffield and Washburn, the American Government, in any event. expects reparation. The question being placed in this form, the senhor chargé d'affaires concludes by requesting that I will communicate to him the views of the imperial government in reference to the property deposited at the American legation, which, for the most part, belongs to poor and helpless women. That if the government of Brazil, according to the appeal which is confidently made to its magnanimity by that of the United States, shall entertain favorably the claims of the unfortunate Paraguayan women. the proofs of the losses sustained by them, which it may be possible to obtain, would be submitted to its consideration. With this résumé of the note of the senhor chargé d'affaires, I proceed to give him due answer, which will be preceded by a narrative of what occurred in connection with this matter. Mr. Kirkland, commander of the steamer "Wasp," addressed, on the 25th February, 1569, to the commander-in-chief of the Brazilian forces operating in Paraguay, a dispatch which closes as follows: "I have also to call your excellency's attention to the fact that, since the occupation of the city of Asuncion by the Brazilian army, the house which was occupied by the legation of the United States has been visited and sundry boxes, some of which were sealed, opened by force, and their contents taken away; besides this, the official archives of the legation have been removed. I request that your excellency will issue orders to those under your command, that they shall deliver to me, on board this vessel, all property belonging to the legation of the United States which may be in their possession.' On the 7th March the Brazilian general received another dispatch, in which Mr. Kirkland makes the following communication: "I have the honor to inform you of my departure, and to notify you that I have named Commander Frank MacNevins as agent of the United States pro tempore at this port, to receive and keep, until they shall be claimed by the proper authorities, all property and papers, of whatsoever kind or nature they may be, belonging to the Government of the United States, and which may be delivered to him by you in virtue of my request of the 25th February, or which may come into his hands through any other channel." In a dispatch of the sth March, Marshal Guilherme Xavier de Souya, after stating that he could not admit the claim of the commander of the "Wasp," as this was a matter which belonged to the governments and their diplomatic agents, set forth the motives which obliged the Brazilian military authorities to take possession of the property found in the house No. 95 Justice street, where, it is stated, Mr. Washburn had lived. This statement is indispensable to my answer, and therefore I must transcribe it here. "The city of Asuncion was converted into a 'peace forte' by General Lopez, who, at the same time, obliged the unfortunate inhabitants, natives and foreigners, to retire to the interior, taking with them whatever they could carry. “Many months after this forced emigration, and when the city was abandoned even by the Paraguayan forces which had garrisoned it, the allied armies, victorious in various battles, in December entered it. "It is true that the Brazilian forces were the first that entered, and it is also true that they found many houses open, others without roofs. This took place on the 1st January, at night. The first care of the Brazilian colonel, Hernes Ernesto da Fonseca, commander of that brigade which preceded by a few days the body of the allied armies which marched by land, was to cover the interior line of the city, availing himself of the entrenchments of the enemy to distribute patrols to police the city, and to place guards in those houses which had the shields of the French and Italian consulates as well as in other buildings where he could see or might presume that they contained objects of value. "One of the houses in which the latter precaution was taken was that of No. 95, Justice street, where, it is said, the senhor ex-minister of the United States, Washburn, had lived. The motive of the precaution taken by the Brazilian military anthority being known, it is proper to state the manner in which the articles found in the said house were taken possession of. "The articles found in this house, says Marshal G. X. de Souya, in his above-cited dispatch, were inventoried and placed in security by a commission of officers from the military and civil department of the Brazilian army, named for this purpose by Marshal Marquis, of Caxias, all of which appears from the respective reports made in the most precise, authentic, and trustworthy manner." These reports were published at pages 107 to 109 of the report of this Department for the year 1869, and in them is stated the amount of jewels and other articles found at the said house. Some furniture was also found, and a box fastened with screws, which were already apparently injured, having on the top a label which stated that it contained the archives of the American legation. Neither externally nor internally did the said house indicate that it had been the habitation of the minister of the United |