No. 120.
Mr. Logan to Mr. Fish.

No. 135.]

Sir: Under cover of this dispatch, I have the honor to inclose a printed copy in Spanish of the postal treaty recently celebrated between Chili and Germany, and also a translated copy of the same.

In former dispatches I have had the honor to call the attention of the Department to the propriety of concluding a postal treaty between the United States and Chili, stating at some length the evils of the Chili postal system, of which the American residents of the country so constantly complain. A full description of the postal arrangements of Chili, with their extortions and double charges, is to be found in my dispatch No. 50, under date of March 15, 1874.

In my dispatch No. 70, I stated that Chili had subsidized a national line of steamers between Panama and Valparaiso, and suggested the convenience which a Chilian line of steamers would render in the consummation of a direct postal treaty.

The postal evils and complaints referred to in the above-named dispatches still continue; and I am constantly beset with inquiries as to why some effort is not made to correct them.

[Page 182]

Hence, if it be deemed inexpedient, for reasons not known to the American residents of Chili, to enter into a postal convention between the two countries, I should be glad to be so informed by the Department, that I may communicate the fact to them.

I have, &c.,

C. A. LOGAN.
[Inclosure in No. 135.—Translation.]

POSTAL CONVENTION BETWEEN CHILI AND THE GERMAN EMPIRE.

department of foreign relations.

Frederick Errazuriz, President of the republic of Chili.

Whereas between the republic of Chili and the empire of Germany was negotiated, concluded, and signed, in this capital, on the 22d of March of the present year, through the medium of plenipotentiaries competently empowered to the effect, a postal convention, the tenor of which is literally as follows:

The President of the Republic on the one part, and His Majesty the Emperor of Germany on the other part, animated by the desire to regulate the postal relations between Chili and Germany by establishing a direct postal communication between the two countries, with a view to its actual necessity, have resolved to arrange a convention to this effect, and have named their empowered representatives thus:

The President of the Republic of Chili, the Señor Ibañez, minister of foreign relations in said republic, and His Majesty the Emperor of Germany, the Señor Carl Ferdinand Levenhagen, the minister resident of the empire in Chili, who, after having mutually exhibited their ample credentials, and found them in due form have agreed on the following bases:

Article 1. That there shall be between the administrations of postal affairs of Chili and of Germany a periodical and regular interchange of—

  • Ordinary letters;
  • Postal cards;
  • Certified letters, and all kinds of certified correspondence;
  • Periodicals, books, and other printed matter;
  • Samples;
  • Business and commercial papers and manuscripts.

This interchange must be made in mails forwarded as follows:

A.
By German, Belgian, or French steamers by way of Colon and Panama, or by way of the Straits of Magellan, and respectively from Panama by French or English steamers.
B.
By English steamers by way of Southampton, Colon, and Panama, or by way of Liverpool and the Straits of Magellan.

The two administrations shall agree in designating the steamers and the lines of steamers which shall be most suitable for the transmission of the mails between Chili and Germany.

The mails shall for the present be sent as follows:

1.
By way of Hamburg, by German steamers to Colon, and from Panama by English or French steamers.
2.
By way of Bremen by German steamers to Colon, and from Panama by English or French steamers.
3.
By German steamers direct by way of the Straits of Magellan.
4.
By way of Saint Nazaire, Colon, and Panama, by French steamers.
5.
By way of Bordeaux and Straits of Magellan, by French steamers.
6.
By way of Antwerp and Straits of Magellan, by Belgian steamers.
7.
By way of Southampton, Colon, and Panama, by English steamers.
8.
By way of Liverpool and Straits of Magellan, by English steamers.

The sender of a letter will have the option of choosing between the various lines by designating by which it is to be forwarded.

The administrations of postal affairs of the two countries will agree upon the offices through the medium they shall reciprocally transmit the correspondence.

Art. 2. The administration in Germany will defray the expense of transmission by sea of the mails sent from Germany to Chili, and vice versa.

In the same way and in both cases the administration of Germany will defray the postage by land of the mails sent by steamers whose voyages may not extend to German or Chilian ports.

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Art. 3. Ordinary letters, certified letters, and all kinds of correspondence, as also postal cards, commercial and business papers, samples, periodicals, books, and all printed matter, mnst be prepaid to their destination.

Notwithstanding, however, if at some future time, should any other foreign country agree upon an interchange of correspondence with Chili not prepaid, then Germany will accept the same arrangement, in which case the two postal administrations will agree upon the conditions requisite.

Art. 4. The postage on single letters interchanged between Chili on the one part and Germany on the other part is fixed at the following rate:

I.
When sent by the routes mentioned in Art. 1, under Nos. 1, 2, 3, 4, 5, and 6, at twenty-five cents for letters posted in Chili, and at eight groschen for letters posted in Germany.
II.
When sent by the routes mentioned in Art. 1, under Nos. 7 and 8, at twenty-five cents for letters posted in Chili, and at ten groschen for letters posted in Germany.

A letter is considered single the weight of which does not exceed fifteen grams. Letters which exceed this will be charged single postage for every extra fifteen grams or fraction of fifteen grams.

Postal cards will be invariably considered the same as ordinary letters.

Art. 5. The postage on periodicals, periodical works, unbound and bound books, music paper, catalogues, prospectuses, notices of all kinds, printed, engraved, lithographed, or copied by hand, as also engravings, lithographs, and photographs, that are sent either to or from Germany or Chili, without distinction of the way of transmission, is fixed at the rate, for every fifty grams or fraction of fifty grams, of four cents in Chili, and one and a half groschen in Germany.

In order to reap the benefit of the reduced postage conceded by the present article, the above-mentioned objects should be qualified for transmission, in conformity with the current laws or current regulations of the country from which they proceed.

No parcel of periodicals or other printed matter must exceed the weight of one kilogram.

It is understood that the dispositions contained in the present article do not limit the right of the respective governments not to carry out in the territory of either country the transmission and distribution of objects designated in the same, in respect to which the laws, orders, or decrees which indicate the conditions of the publication and circulation, either in Germany or Chili, shall not have been complied with.

Art. 6. The postage on samples sent from one of the two countries to the other, without distinction of route, shall be, for every fifteen grams or fraction of fifteen grams, four cents in Chili and one and a half groschen in Germany.

In order to avail of the rate of postage conceded by the present article, samples should be sent wrapped in such a manner that they may be easily known.

No manuscript should have any intrinsic value, nor should contain any sign or cipher, more than the direction, the signature of the sender, a trade or commercial mark, numbers in order, and prices.

No package of samples should exceed in weight two hundred and fifty grams.

Art. 7. The postage on business papers or printed proofs, with corrections written, and the original manuscripts sent from one of the countries to the other, without distinction of routes, shall be, for every fifty grams or fraction of fifty grams, four cents in Chili and one and a half groschen in Germany.

In order to enjoy this reduced rate which the present article concedes, the objects designated must be sent in wrappers, and must not contain letter or note of any kind that partakes of the character of correspondence.

No parcel of business papers, printed proofs, with corrections written, or manuscript must exceed the weight of one kilogram.

Art. 8. The correspondence of all kinds sent from one of the countries to the other must be prepaid by means of the stamps in use in the country from which they proceed; the stamps of other countries are not valid.

Art. 9. Correspondence of all kinds that is reciprocally transmitted between the inhabitants of Chili on the one part, and the inhabitants of Germany on the other part, can be sent under a certified guarantee.

Certified correspondence will pay independently of the postage established by the preceding Articles 4, 5, 6, and 7, the duty for certifying existing in the country.

The sender of the certified object can claim the advice of its arrival at its destination signed by the person to whom it is addressed, but must pay for this notice on delivery—

In Chili five cents.

In Germany two groschen.

Art. 10. In case of the certified object being lost, the postal administration in the territory where the loss is made shall pay to the sender, or, as the case may be, to the person to whom it was addressed, in six months from the date of the claim being made, an indemnity of ten dollars if proceeding from Chili, or fourteen thalers if proceeding from Germany.

[Page 184]

The indemnity mentioned shall he paid equally between the postal administrations-of Chili and Germany if the loss occurs in the territory of an intermediate country. . All claims for indemnity for loss must be made, under penalty of forfeiting the right to same, within one year from the date of posting the object.

The transmission by sea is not guaranteed.

Art. 11 The product of postages received shall be divided in the following manner:

The postal administration of Germany will pay to that of Chili without distinction as to whether the mails are sent by steamers mentioned in Art. 1, under Nos. 1, 2, 3, 4, 5, and 6, or Nos. 7 and 8, as follows:

I.
For letters going from Germany to Chili, one groschen for every single postage.
II.
For printed matter, business documents, printed proofs, and manuscripts going from Germany to Chili, one-third of a groschen for every single postage.

The postal administration of Chili will pay to that of Germany:

1.
For letters sent from Chili to Germany:
a.
When sent by the routes indicated in Art. 1, under Nos. 1, 2, 3, 4, 5, and 6—
Seven groschen for every single postage.
b.
When sent by routes indicated in Art. 1, under Nos. 7 and 8—
Nine groschen for every single postage.
2.
For printed matter, samples, business papers, printed proofs, and manuscripts going from Chili to Germany, without distinction of route, one and one-sixth groschen for every single postage.

With these receipts the postal administration of Germany will provide for the expenses of transportation by sea and land.

The fixed duty for certifying and the incidental one for advice of reception belong exclusively to the Country where they are accomplished.

It is formally agreed between both contracting parties that the correspondence designated in the preceding articles 4, 5, 6, 7, and 9, cannot be subjected under any pretext whatever in the country of its destination to duty or charge of any kind at the expense of the persons to whom it is addressed.

Art. 12. The interchange of correspondence between Chili, on the one part, and the Austro-Hungarian monarchy and the Grand Duchy of Luxemburg on the other, if made through the medium of Germany, will be subject to the conditions established by the preceding articles of the postal service between Chili and Germany.

The postal administration of Germany will undertake the postages necessary in the territories of the Austro-Hungarian monarchy and Duchy of Luxemburg.

Art. 13. The postal administration of Chili and Germany can reciprocally deliver correspondence of all kinds that may be found as coming from or going to some country of which the one or the other may be intermediate.

As regards the payment for the transportation in distant foreign countries, the same will be re-imbursed to the postal administration of the intermediate countries in conformity with the accustomed arrangement between the said administration and other countries.

Art. 14. Only correspondence relating to the postal service will be exempt from postage.

Art. 15. The accounts for the transmission of the correspondence formed every three months by the postal administration of Germany, shall be sent to that of Chili for examination. The balance of these three-monthly accounts shall be stated in the money of the country to which it corresponds. The amounts taken in money from the owing office shall be reduced, when the case needs it, upon the basis of one thaler or three reichsmark for seventy-five cents.

The balance shall be paid, if in favor of Chili, in drafts upon Santiago, and if in favor of Germany, in drafts upon Hamburg.

Art. 16. The postal administrations of Chili and Germany will agree upon the form of the accounts mentioned in article 15, and will adopt all measures of order and detail necessary to secure the execution of the present agreement.

Art. 17. It is also agreed that the postage fixed for the various correspondence can be reduced by agreement between the two postal administrations, in case that the prices for transmission by sea or land shall be reduced.

Art. 18. As soon as the administration in Chili may be able to transmit mails by sea and in transit through intermediate countries under conditions equal to or more favorable than those conceded to the administration in Germany, each administration will pay the cost of sea and land transit for the mails they forward. Such a case occurring the two administrations should come to an understanding about the measures necessary to adopt in respect to this, and particularly as to the division of the product of postages, proceeding upon the principle that each administration should from that time retain all the postages received in his territory for the international correspondence between Chili and Germany.

Art. 19. The present couvention will be put in execution with all possible dispatch, and will be obligatory until one of the contracting parties announces to the other, with one year’s notice, the intention to withdraw from it.

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During this last year the convention will have full and complete execution without any obstacle in the way as to the settlement of accounts between the two countries after the expiration of the mentioned period.

Art. 20. The present convention will be ratified and the ratifications will be exchanged in Santiago as soon as possible.

In agreement whereof both plenipotentiaries have signed in duplicate and have affixed their respective seals.


ADOLFO IBAÑEZ.

CARL FERDINAND LEVENHAGEN.

And whereas the foregoing convention has been ratified by me with the approval of the National Congress, and the respective ratifications exchanged this day in this city of Santiago, between the Señors Adolfb Ibañez and Carlos Fernando Levenhagen, plenipotentiaries named to this effect by the governments of Chili and the Empire of Germany:

Whereas, in virtue of the power conferred upon me by article 82, part 19 of the constitution, I dispose and command that this convention in all its bearings shall be complied with, and carried into effect from the first day of January, 1875, by all the authorities and citizens of the republic, for whose information it is published in the official, paper.


FREDERICO ERRAZURIZ.

Adolpo Ibanez.