Chapter XIV: Paraguay

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.

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 to Paraguay, 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 known also 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 territory of 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 intestato_ shall 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 succession
_ab 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’s
property, 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 place when 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 John Russell,[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 of threefold—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] Considering its 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] fruitful soil, and numerous[109] population, but to the stable and enduring nature of its governmental status.

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 neighbouring powers 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 promises to 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 appear to 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 to Assumption, 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.

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 whose _amour propre_ was 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.

Whoever has any knowledge of the history of the American republics, and of the Spanish language, will not fail to remark in Paraguay a rare and singular circumstance, which does great honour to its men of the sword,[112] and must inspire confidence in the future stability of authority in the country. The military in all the new American states have always shown, without any exception, a propensity most fatal to order, that of making and unmaking governments without consulting the opinions and wishes of their fellow-citizens, only those of the chiefs of certain factions with whom they may concert their plans. Here, on the contrary, so soon as the first case, and the most extraordinary one which it is possible to imagine, occurred, the men of the sword did not usurp the right of creating and establishing the supreme authority. They set the example of calling together an assembly of their fellow-countrymen to take the opinion and votes of the country, and submit themselves to the authorities which the general wishes might elect. The new administration had all to create, because everything had been destroyed. The dictator left neither individuals or materials of any description, of which the government that succeeded him could avail themselves.[113] Everything was in disorder as an effect of the monstrous centralization in his person alone of all the branches of the administration. High and low, policy, justice, finances, war, ecclesiastical matters, in fine all was absorbed; nothing was done by any one but him. There was not a single individual who had been enabled to acquire any practice, any routine for the dispatch of business, as there were no fixed and general principles to serve as guides for particular cases which presented themselves, everything depending on the caprice or will of the dictator, who only employed people as scribes, little else than the merest copying clerks. No person had obtained the least instruction, or the least experience, to enable him to prepare, and facilitate the labour of the government departments, and the dispatch of business.

With these difficulties to encounter, the new government set to work with energy, but without noise or ostentation. It did not announce itself by the proclamation of pompous promises. It would have been imprudent to arouse hopes which might only be realized in time, and in spite of many obstacles. It did not set up theories and doctrines of an exaggerated liberalism, which subsequently, besides their being at first ill understood, it might have itself been obliged to abandon in practice. It did not allow the smallest sign of blame or disapprobation of the conduct of the dictator to transpire. It would have been useless, and even setting a bad example, to abuse his memory, and awaken the remembrance of irreparable evils. We may believe that the Consular Government wished to be judged according to its acts, and not by its proclamations and dissertations.

Some small capital of which no one had suspected the existence was soon seen to appear and circulate, and this gave much impulse to industry and occupation to labourers, who, until then, had been unable to find any. The apparition of these little capitals, and the activity which ensued, were sure signs of confidence in public order, and in the government. Instead of the inaction and apathy which previously reigned, a spirit of enterprise and animation was every where seen. Assumption was cleared of the ruins and rubbish which rendered its aspect disgusting. The spaces left by buildings half demolished were masked by walls, and new habitations were raised, modest in truth, but which gave an air of life to the city.

Although there is no saying much with accuracy of the present revenue of Paraguay,[114] it is certain that it suffices to meet its public ordinary expenses, which cannot be more moderate. Paraguay has not that numerous body of _employés_ which has been, and is still, a cancer gnawing into the heart of the new states which so proudly clothe themselves with the title of republics. Her functionaries are not numerous. They mostly receive but very slender emoluments, either because living is very cheap in Paraguay, or because offices are there considered rather as public duties to fulfil, than places which, to be well filled, should be well remunerated. The judges are annually selected amongst the inhabitants of the different districts, of divers professions, without any necessity for their engaging in preliminary studies, or for their being previously destined for the magistracy, and the government allows them only what is indispensable for their office expenses and the dispatch of business, without any fees being paid by the parties concerned. When the service requires more functionaries, and those of special capacity, who will have to devote themselves exclusively to the duties of their employments, the public treasury will be better provided, and in a better position to remunerate those whom the government will have to employ.[115]

Whatever may be the sum, however, at present produced by each branch of the revenue, it cannot but increase, and rapidly, not only in consequence of the development of those things on which duties are chargeable, but also because, with time and experience, the distribution of the taxes, &c., will be improved.[116] They will be convinced of a truth long accepted in political economy, but which does not the less pass for paradoxical, elsewhere than in Paraguay, viz.: that duties, when moderate and properly collected, are much more productive than high ones.

It was perhaps this principle which gave rise to the reform introduced by the President’s Government in the Tariff. That of 1841, which was imprinted with the doctrines of the protectionist school, was reformed and reduced by M. Lopez in 1846. That of 1841, not content with establishing very heavy duties on the generality of articles imported, and on all those exported, was intended to favour, at the expense of all, some hatters and vine-dressers who made bad hats and still worse wine, and levied a duty of 40 per cent. on wines and hats imported. The Tariff of 1846 has remedied these evils, and diminished the duties in general, but they are still too heavy, especially those on exports, which ought to be reduced almost to nothing.[117]

Respecting the trade that may be expected to ensue between this country and Paraguay, I am not fanatical enough to suppose that it will be either very rapid or very extensive at first. But, at the same time, as little can I share the apprehensions of a Buenos Ayrean writer quoted in the leading English journal on the arrival of the mail of the 16th of this month, (April, 1854,) that because certain mercantile ventures to the Parana had not proved lucrative, therefore the means of the inhabitants, and, by inference, of Paraguay also, were at a very low ebb, and that there was an indisposition to commerce. The same consequences, and from the same causes, were observable in China on the first partial opening of intercourse with that empire. The markets were not suited with proper goods and were glutted with superfluities. As to Paraguay, at all events, we know that both the taste and the means exist in the indulgence of what among so comparatively simple a people may be considered great luxuries.[118] Opportunity alone was wanted; and now that that opportunity is afforded, and that European wealth will be forthcoming for the numerous indigenous commodities so much required in this quarter of the world, there can be no doubt that all reasonable expectations formed by the parties to the Malmesbury treaty, and by those who long ago laboured to bring such treaties about, will soon begin to be realized.

SIR CHARLES HOTHAM, K.C.B.

This distinguished officer, now Governor of the Australian Colony of Victoria, comes of an ancient ancestry, many members of whom attained eminence in that special branch of the public service in which he himself has acquired such deserved repute. Indeed, there are few families that have for so long a time, and for such a continuance, given so many servants to the state. As early as the reign of Edward II., we find that John de Hotham, great grandson of the first of the name, who settled at the family seat of Hotham, Yorkshire, was Bishop of Ely, Treasurer of the Exchequer, and subsequently Lord Chancellor to Edward III. Sir John Hotham, the first baronet, Governor of Hull, who had five wives, was beheaded on Tower-hill, together with his son, Sir John Hotham, Knt., by the Parliamentarians, for corresponding with the Royalists, in 1643. His grandson and successor married into the noble family of Beaumont, in Ireland, and hence the Irish peerage, which the present Lord Hotham, member for the East-Riding of Yorkshire, and uncle of Sir Charles, retains, his lordship being a major-general in the army, and having served at Waterloo. Of the many naval officers in the family, both in direct descent and collaterally, the most celebrated was the Rt. Hon. William, Baron Hotham, of South Dalton, in the peerage of Ireland, so created 7th March, 1797, with remainder, in default of direct descendants, to the heirs male of his deceased father, in consideration of his gallant achievements, as a naval commander, at the commencement of hostilities with republican France. Having previously attained the rank of rear-admiral, he was advanced to that of admiral of the white, appointed second in command of the fleet ordered to the Mediterranean, under Lord Hood, of which he obtained the chief command a few months afterwards, upon Lord Hood’s return to England; and but a short time subsequently elapsed until Admiral Hotham had the good fortune to bring the French squadron to action (14th March, 1795), and to obtain a decisive victory over it, for which he received the thanks of both houses of parliament, and was made admiral of the blue. He died, unmarried, in 1813, and was succeeded by his brother Beaumont, Lord Hotham, father of the present Lord Hotham, M.P., and of the late Vice-Admiral Hotham, who was, consequently, uncle of the subject of the present sketch, of whom the annexed particulars are taken from the great nautical professional authority, ‘O’Byrne’s Naval Biography’:—

‘Sir Charles Hotham, born in 1806, is eldest son of the Rev. Fras. Hotham, Prebendary of Rochester (second son of the second Lord Hotham, one of the Barons of the Court of Exchequer), by Anne Elizabeth, eldest daughter of Thos. Hallett Hodges, Esq., of Hemsted Place, Kent; and first cousin of Capt. Hon. Geo. Fred. Hotham, R.N. Sir Charles, who is brother-in-law of Lieut.-Col. Grieve, of the 75th Regt., has also a brother, Augustus Thomas Hotham, in the army. This officer entered the navy 6 Nov., 1818; and on the night of the 23 May, 1824, when midshipman of the Naiad, 46, Captain Robert Cavendish Spencer, served in the boats under Lieut. Michael Quin at the gallant destruction of a 16-gun brig, moored in a position of extraordinary strength alongside the walls of the fortress of Bona, in which was a garrison of about 400 soldiers, who, from cannon and musket, kept up a tremendous fire, almost perpendicularly, on the deck. He was made lieutenant, 17 Sept., 1825, into the Revenge, 76, flag-ship of Sir Harry Burrard Neale in the Mediterranean; and next appointed—15 May, 1826, to the Medina, 20, Capts. Timothy Curtis and William Burnaby Greene, on the same station—and, 8 Dec. 1827, and 26 July, 1828, as first, to the Terror and Meteor bombs, Capts. Wm. Fletcher and David Hope. As a reward for his distinguished exertions on the occasion of the wreck of the Terror, Mr. Hotham was promoted by the Lord High Admiral to the rank of commander on the 13th of August, 1828. After an interval of half-pay he obtained an appointment on the 17th of March, 1830, to the Cordelia, 10, and returned to the Mediterranean, whence he ultimately came home and was paid off in October, 1833—having been raised to post-rank on 28 of the preceding June, in compliment to the memory of his uncle, the late Vice-Admiral Hon. Sir Henry Hotham, G.C.B., G.C.M.G. His next appointment was, 25 Nov., 1842, to the Gorgon steam-sloop, stationed on the S.E. coast of America. In Nov., 1845, having assumed command of a small squadron, he ascended the river Parana, in conjunction with a French naval force under Capt. Trèhouart, and on 20 of that month, after a hard day’s fighting, succeeded in effecting the destruction of four heavy batteries belonging to General Rosas at Punta Obligado, also of a schooner-of-war carrying 6 guns, and of 24 vessels chained across the river. Towards the close of the action he landed with 180 seamen and 145 marines, and accomplished the defeat of the enemy, whose numbers had originally consisted of at least 3,500 men, in cavalry, infantry, and artillery, and whose batteries had mounted 22 pieces of ordnance, including 10 brass guns, which latter were taken off to the ships, the remainder being all destroyed. The loss of the British in this very brilliant affair amounted to 9 men killed and 24 wounded. In acknowledgment of the gallantry, zeal, and ability displayed throughout its various details by Capt. Hotham, he was recommended in the most fervent terms of admiration by his Commander-in-Chief, Rear-Admiral S. Hood Inglefield, in his despatches to the Admiralty, and he was in consequence nominated a K.C.B. 9 March, 1846. Since 13 May in that year he has been employed as commodore on the coast of Africa, with his broad pennant successively flying in the Devastation and Penelope steamers. While Sir Chas. Hotham was in the Gorgon, that vessel was blown far on shore in a hurricane at Colonia, and it was only by the most indomitable and procrastinated exertion on the part of himself and his crew that she was saved.’

The glorious and almost unequalled, and certainly unique, exploits in the Parana, here alluded to, are far too important to be passed over so summarily as in the preceding paragraph, especially as, in a work of this nature, the history of these transactions, however brief, serves to furnish some interesting information respecting one of the most celebrated and remarkable sites in the entire of that navigation which the diplomatic skill of the same commander has since opened to the commerce of the world no less effectually than did his gallantry to the combined fleets of England and France seven years previously. Full professional details of the operations will be found in Mackinnon’s ‘Steam Warfare in the Parana,’ published in 1848, in which the writer says:—‘The great secret of the success which crowned almost every effort, with one miserable exception, was due, firstly, to the excellent arrangements which, by the powers of steam, were so perfectly and expeditiously carried out; and, secondly, to the admirable nature of the ordnance, and the skilful application of its different branches. Where the leader is of great ability, and possesses the confidence of those under his command, coupled with such _materiel_ and _personnel_ as Sir Charles Hotham had in his control, it is not by any means astonishing that everything succeeded admirably. It is rare, too, for a British officer to combine the talent for languages which Sir Charles Hotham possesses in such an eminent degree, with the perseverance and skill recently evinced in the extraordinary recovery of H. M. ship Gorgon, and in the after operations in the Parana.’

A still more emphatic and authoritative tribute to the genius of Sir Charles is supplied by the diplomatist under whose instruction he acted at the time, and who, as we have already seen [see _ante_], had previously availed himself of his services in the then attempted initiation of that European intercourse whose subsequent consummation has indissolubly associated the name of Hotham with the peaceful as well as the warlike annals of South America. Appended is Sir W. G. Ouseley’s graphic account of the passage of the Parana at Obligado, the writer being lavish of praise on everybody, but silent as regards himself, who was really responsible in every respect for the conception and organization, if not for the execution, of the whole design.

The pass of Obligado, on the River Parana, was the position
selected for obstructing the passage of the English and French
vessels employed in completing the blockade of the province
of Buenos Ayres, by cutting off its communication with the
provinces on the opposite bank. A blockade of the capital
only of Buenos Ayres, and of its River Plate shores would,
of course, be nugatory unless enforced along the course of
the Parana as far as the limits of that province extend.
Reinforcements of troops, horses, artillery, and warlike stores
of all sorts, would continue to be sent across the Parana into
the province of Entre Rios, from whence continually to renew
and supply the Buenos Ayrean army invading the Banda Oriental
and besieging Monte Video. To prevent this and ultimately cause
a cessation of these disastrous hostilities it was necessary
to blockade the whole fluvial coast of the province of Buenos
Ayres. In order, therefore, to effect this blockade a small
combined squadron of French and English vessels was detached
from the force in the River Plate to occupy the Parana, as far
as the effectual enforcement of the blockade of the province of
Buenos Ayres might require. The boundary between the province
of Buenos Ayres and that of Santa Fé strikes the Parana at the
‘Arroyo del Medio.’ This division, marked by a brook running
into the river, is about thirty or forty miles above the turn
in the Parana, called the ‘Vuelta de Obligado,’ which it was of
course necessary to pass in order to reach the limits of the
province. It was determined by the Government of Buenos Ayres
to prevent the combined squadron from proceeding beyond the
pass of Obligado if possible. But although the preparations
for defence could not but have been known to hundreds, long
previous to the declaration of the blockade, as well as the
fact of works being in progress for barring the passage, the
construction of batteries, and placing the chain cables,
vessels, &c., all of which must have occupied much time, it
is remarkable that no information whatever as to the plan or
real nature of the intended obstruction could be obtained
either at Buenos Ayres or Monte Video. Vague rumours did
reach the admirals commanding in chief, and other officers, of
preparations in progress, but some reported that vessels were
sunk in the channel, others said that forts or batteries were
in course of construction at every commanding point on the
river; in fact, the true nature of the intended resistance was
entirely unknown, until some boats which preceded the squadron
when proceeding up the river were fired upon a few miles below
Obligado, at a place called San Pedro. And even then it was
not believed that any serious opposition would be attempted
to the advance of the blockading flotilla. However, when once
the fire had been opened by the Buenos Ayreans at Obligado it
became of course necessary to return it, and the result was the
general engagement that ensued. When it is recollected that
the scale on which the defences had been prepared was quite
unexpected, and that the Buenos Ayrean force employed was much
greater than was anticipated (amounting to about 4,000 men),
while the nature of the other obstacles to be encountered was
previously unknown, it will be evident that the skill and
experience of the able officer who commanded the squadron were
put to a severe test, and that it required his well concerted
arrangements in the plan of attack and the gallantry displayed
in carrying them into effect, to obtain the successful result
that added to the high professional reputation of Sir Charles
Hotham, already too well known to need any tribute here. It
must also be borne in mind, in order to form a just estimate
of this successful engagement, that with the exception of the
steamers and a corvette, the major part of the force consisted
of a mere flotilla of small vessels, armed for the purpose
of ascending the river, and that they were for several hours
exposed at no great distance to a heavy and well-directed
fire from formidable and skilfully planned batteries. It is,
however, needless here to give any detailed description of
the action that resulted in the destruction of the batteries
and other defences at this place. The despatches of the
commanders of the English and French squadrons, Sir Charles
Hotham and Admiral Tréhouart, were published at the time, and
give a clear account of the manner in which the affair was
conducted, showing the skill and great gallantry manifested
generally throughout this affair. Across the pass from the
Buenos Ayrean shore and batteries to the wooded island in the
plan and sketch, a number of coasting vessels and river craft,
chiefly Sardinian, as are most of that class of vessels in
those rivers, were moored, supporting four large chain cables,
solidly fastened to the shore on either side, thus presenting
no trifling barrier to the passage up the river. On the right
bank (_i. e._ on the Buenos Ayrean side) were constructed
four batteries, of which two were close to the level of the
water, and all well placed for defending the approach to the
barrier of chains and boats. On the opposite, or Entre Rios
bank, above the chains were anchored a brig of war and some
gun boats, with heavy guns, out of the line of fire from
the opposite batteries, but well placed for the annoyance
of any attacking force. The brig was anchored off the Entre
Rios shore, near an island, between which and the main land
the water was too shallow to admit of the brig and gun-boats
being attacked from that side. The batteries, four in number,
mounted, according to the despatch of Gen. Mancilla, the Buenos
Ayrean Commander-in-Chief, twenty-nine guns; the vessel had six
mounted on one broadside, which, with field-pieces posted in
the woods, made forty-two guns. The guns were well manned and
served, chiefly by Europeans and North Americans, and troops to
the number of about 3 or 4,000 lined the Buenos Ayrean shore.
Some of the smaller vessels were fired upon as they approached
the batteries: this was of course returned, and then commenced
the action, which lasted for several hours, and was kept up
with much spirit by the Buenos Ayrean batteries, until the fire
of some of their guns was silenced, when boats were sent to
break the chains, which service was gallantly effected under
a heavy fire, and ultimately parties of English marines and
seamen, (and subsequently French,) were landed, and, led by
Sir Charles Hotham, succeeded in completely driving the Buenos
Ayreans from their guns and obliging their forces to retire,
and the flotilla passed up the river. This very arduous service
was performed in the coolest and most effectual manner by Capt.
J. Hope, of the ‘Firebrand,’ Mr. Nicholson, with two engineers
of the ‘Gorgon,’ and a few men, who proceeded in small boats,
under a most galling fire, deliberately to break the chains
with cold chisels and sledge-hammers, after an attempt to
saw them had failed. The depth of water at Obligado is about
twenty-five fathoms, in some places (and at certain seasons)
much more. The stream runs at about four knots, which was of
course an additional source of difficulty, especially to the
sailing vessels and boats.

Continuing the biographical notice of Sir C. Hotham from the point at which Lieut. O’Byrne leaves off, it is only necessary to add, that in April, 1852, he was appointed plenipotentiary in that mission with the record and anticipation of whose results so large a portion of the present volume is occupied. The mode in which he discharged that delicate and important trust recommended him to Her Majesty’s present advisers as the most fit and proper person for probably as difficult and onerous a duty as it is possible for the crown to expect at the hands of a public servant at the present moment, viz., the Governorship of Victoria, a colony that presents innumerable phases of social and political transmutation and anomaly, of which history affords not only no parallel, but nothing in the least degree approximating to its similitude. If Sir Charles had been at liberty to follow the bent of his own inclination, if he did not feel that to decline such a service would in some measure embarrass the executive, it is considered that he would have preferred, in these stirring times, seeking the probable repetition of such incidents as the Pass of Obligado, and with foes more worthy of his hereditary fame than he then encountered. The crest of the house of Hotham is, according to the heralds, a demi-seaman issuing out of the water, holding in his dexter-hand a flaming sword:—supporters, two seamen, habited, and each holding a sword, the point resting on the ground, the motto being the significant shibboleth, ‘Lead on.’ Sir Charles married, in 1853, the Hon. Jane Sarah, (born 1817) relict of Hugh Holbech, Esq., and daughter of Lord Bridport, a name illustrious in nautical annals, and allied by marriage to one still more famous, that of Nelson; the mother of the present Lady Charles Hotham being niece of the victor of Trafalgar, and now Duchess of Bronté.