[Inclosure No. 2.—Translation.], May 9, 1871.

[Inclosure No. 2.—Translation.]

Sir: The secretary general of state, in charge of the department for foreign affairs, has the honor to transmit herewith to the honorable Colonel L. Markbreit a decree issued by this government, declaring the conduct which it intends to observe in respect to demands and claims presented by foreign subjects against the state, cases of intervention in the same by diplomatic agents, and the right of the government to accept such intervention in cases permitted by international law, or not to admit the same in cases where the subject of controversy appertains exclusively to the courts and tribunals of the republic.

Colonel Markbreit, in his high illustration, (alta ilustracida,) will comprehend that the declaration contained in the aforementioned decree is simply a line of conduct which the government has imposed itself, as all are equal before the law, and because the executive of the country cannot arrogate unto himself a knowledge of questions belonging exclusively to the judicial power, which has the mission to administer impartial justice without distinguishing nationalities nor the quality of individuals.

Moreover, the honorable Colonel L. Markbreit knows that it is a universal principle of international law that the demands and controversies of foreign subjects cannot be subjected to a better or worse condition than those of native subjects or citizens, (nacionales,) and that, consequently, if they are, or believe themselves, damaged in their interests, they have the means at their disposal of invoking the laws of the country and solicit their enforcement.

This is in accordance with the demands of universal justice, of civilization, and of public law.

In noting the contents of the declaration alluded to, the honorable Colonel Markbreit will please judge, from its true standpoint, the frank, friendly, and circumspect conduct which the government of Bolivia proposes to follow in all questions of a private nature, in order to prevent and avoid any difficulties that might arise in his diplomatic relations, which so happily are being cultivated, (que tan felizmente se cultivan,) and which it is vehemently desired to draw closer and closer with the (excelentisimo) Government of the United States of North America, so worthily represented by the honorable Colonel L. Markbreit.

The undersigned avails himself of this opportunity to assure the honorable Colonel Markbreit of the high esteem and respect with which he has the honor to subscribe himself his attentive and sincere servant,