the company embarked in its really great and important enterprise.

Its success in Paraguay was beyond its expectation. Its only thought was, then, to enlarge its business, and send out new materials and additional men. Its profits, on the works it had had time to put in operation, were really enormous. Fortunately, the data and proof on this subject are quite sufficient, and beyond successful contradiction. These furnish the best possible basis for estimating the probable profits of the company.

Before considering these in detail, however, we desire to call the attention of the commissioners to the peculiar position of Paraguay in that region of country. Bordering upon Brazil, Bolivia, and the Argentine Republic, situated upon a navigable river, whose branches, in different directions, extend thousands of miles into the interior, and whose waters flow with increasing volume to the ocean, no better position could be selected for a company like that which is the claimant in this case. "The country of Paraguay," reports Captain Page, "presents a field for enterprise of which other portions of the world are profoundly ignorant." But if the view is extended so as to embrace the whole valley of the La Plata, with its numerous rivers, its wealth of fertile land, its herds of cattle, its woods and gums, and all the other products which go to give life to commerce; and, when it is considered what would be the effect upon this vast region of steam navigation, and the application of modern machinery and improvements, it is difficult to avoid the conclusion, that this company were not mistaken as to the grandeur of the undertaking upon which they entered. We do not dwell at length upon this consideration, because it is fully represented in the papers already before the commission, and particularly in the report to the Navy Department of Captain Page, where many interesting details are given of the products, as well as of the exports and imports of that country. In consideration of these facts and statements, the commissioners, we think, can hardly avoid the conclusion, that the company chose its place of operations with great judgment and sagacity. Had it been enabled to go on in its pursuits with the favor, instead of the hostility, of President Lopez, we confidently believe that it would have secured not only great wealth for itself, but great benefits, also, to American commerce.

If it were possible to entertain a doubt on this point, there

can be no doubt, surely, as to what was actually accomplished The cigar factory and the saw-mill of the company had commenced their work. We have distinct and reliable testimony in respect to their profits, the details of which appear in the evidence. We were also entitled, by the organic law of the country, to patents upon a great variety of exceedingly valuable machinery.

If these patents were not perfected, the reason is quite obvious. There was no doubt of the priority of introduction of the machinery entitled to protection, and the law made no limit of time in respect to the application.

While on good terms with Lopez, moreover, the company's agent, constantly occupied in business, thought it unnecessary to press those parts of it which would not suffer by delay. Had the company voluntarily retired, it would have been sure to secure the patents; but to have applied for them after President Lopez became hostile, we need not say would have been wholly fruitless. We have still a right, however, to apply for them, and abundant proof with which to support the application. We were really the first introducers of most important machinery, and opened the way to much successful commerce. Others may reap, and are reaping, where we have sown, but nothing can take from us the credit of having been the pioneers of that commerce, and nothing surely ought to deprive us of a just indemnity for the destruction of our enterprise.

If, then, the commissioners, setting aside even everything conjectural and uncertain, will only consider what we have put in the case of actual results-of profits made and going on to be made by our cigar factory, and our saw-mill; of clear facts and figures beyond dispute-we think they can not fail to estimate the position of the company at Paraguay as one of great and growing value. And if to what is thus made certain shall be added what is probable, the estimate of the company will not be found extravagant.

We now leave the claim of the company to the judgment of the commissioners. It is no speculative claim; for we show the company's actual expenditures. It is made, too, we may be allowed to add, by no speculative parties. The men who were stockholders in the beginning are stockholders now. For intelligence and respectability they have no superiors anywhere. Just in proportion as they are disposed to repel an injury to themselves would they scorn to do wrong to others. They are not here to make a claim which

they do not believe to be just. They believe they have been wronged, and it is in consequence of this belief that they seek indemnity. Thus far they have the consolation of knowing that their case has been sustained wherever it has been examined. In this all departments of the government have concurred. In this all the officers of the Water Witch have concurred. There were no other Americans in Paraguay. We have given the best evidence of which the case is capable. As far as possible we have had our witnesses before the commission, and all our books and papers have been presented without reservation.

All this is not to be overcome by the denial of the wrongdoer himself, or by the affidavits of persons under his control. This denial was just as strong and pointed, and those affidavits were just as ready, before the armed expedition went out as they now are. The files of the Seminario show that during the whole discussion in Congress, and the whole progress of the expedition, everything was either denied or perverted which imputed wrong to Paraguay, in respect to either the treaty, the Water Witch, or the company. If the Seminario was right, the armed expedition was wrong. If President Lopez was guiltless of any outrage, it was monstrous to send against him a hostile fleet. If he was thus innocent, moreover, the cost, and labor, and risks, of that expedition were wholly needless. This government does not make war except after investigation, and in a clear case. Such a case it had, undoubtedly, against Paraguay. The judgment of the Executive on the subject was right, the judgment and action of Congress were right, and we do not doubt that the action of these commissioners will be right. One of them, from the necessity of the case, is the immediate representative of the government complained of. But, occupying here an impartial position, we none the less look to him for that justice which we feel we have a right to claim. The same impartial position belongs to the American commissioner, and we appeal to him also, and with entire confidence, to protect his countrymen in their rights. The enterprise of this company was precisely such an enterprise as the government of the United States has an interest in promoting. When men do business in the old channels, their risks are comparatively small, and it requires little comparative forecast and courage to embark their fortunes. But when a new way is to be opened, a new channel to be explored, and men are willing to send out their ventures to a distant field of

commerce, where they expect to develop new resources, and win both honor and wealth for themselves and their country, no government should be allowed to crush them by the strong hand of power. If this could be done with impunity, there would be an end to all distant and hazardous expeditions, except those undertaken by lawless men for lawless purposes. Happily, in this case the government of the United States has promptly interfered in behalf of its citizens. The armed expedition of Commodore Shubrick has exerted a powerful and wholesome influence, not only on the La Plata and the Parana, but in all South America. We have no doubt that this influence will be strengthened, rather than impaired, by the judgment of the commissioners in this case. To repress the practice of wrong, there is nothing more efficient than certain justice to the wrongdoer. And in this result all men have a common interest. As no man can know when he himself may be injured, so no man can safely tolerate the doing of an injury to others. When Solon was asked how there might be fewer injuries committed in the world, his reply was, "If they who are not injured would be as much concerned as they who are." In behalf, then, of the company which we represent, we ask that its claim to be indemnified for an admitted wrong, may have all that consideration and sympathy to which we believe it is fairly entitled.

6

SUMMARY OF THE FACTS AND EVIDENCE,

AND REPLY TO SOME OBJECTIONS.

Inducements to the enterprise.

The undisputed facts are:

1st. That Paraguay invited expeditions like that of the company to that country.

The decree of the government of Paraguay, issued on May 20, 1845, invited foreigners to develop the resources of that country, and for that purpose proffered them the patent privileges (or compensation instead) for foreign discoveries introduced by them into Paraguay. Its terms, as furnished in an English translation by counsel for the government of Paraguay, are:

"The Supreme Government, wishing to develop and encourage the industry and improvement of the Republic, and considering that one of the modes best calculated for this object is to define, explain, and secure the conditions and rights of those who may come to co-operate in such useful purposes, decrees as follows:

"Art. 3. Any person who may introduce into the country a foreign discovery, will enjoy the same advantages as though he were the inventor.

"Art. 5. The inventor will receive a patent which will secure to him the ownership for the period of from five to ten years from the day of its date. The above time may be extended, and other advantages allowed, if the importance of the invention is of such a nature as to deserve an extraordinary protection on the part of the government.

"Art. 7. The owner of a patent shall enjoy the exclusive