The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-06

THE NAVIGATION OF THE AMAZON.
Protest Of the Brazilian Government Against thu
Liberty Of Navigation Granted by Peru,
kc &c H.

In one of the latest newspapers received BY us from
Lima find the following inter sstinx sorrsspopo.ns.
between the 81 azsn Minister that Rsuubo and thu
Peruvian Secretary Of State the subisct Of the recent
law enacted by Peru giving the freedom navigation OF
the to the nations wi VIII she has srsatiss
LEGATION OF THE EMPIRE or Brazil
LIMA, Sept. !. 1864
IIIusrRIous AND EXCELLENT sR-when by virtue Of III.
decree the 18th of April lat, the rights guaran-
teed to Brazil by the treaty Of the sd Of October lss
ted to other nations, had the honor TO address
recommending to the serious stenti Of the govern
claims repugnant the interests Of Brasil Of Peru,
nfrpged the clause contained in second article Of that
treaty.
Unfortunately my observations did not produce the t.
feet which the reasoning that tanned them, and the
spirit that dictated them had led to hope and your
ExceleDcy having Jared in your note Of the 20h Of
June without giving suHc.u proof that they had
not infnged the above pAmed clause entered int
series Of considerations which clearly manifested that the
Peruvian government denied rights Brazil the acknow-
edgmeIt Of which is proved BY hs very existence Of
Not Wishing however, to enter into any discussion on
matter which had already reached the knowledge of the
EMPEROR thought proper 70 defer my answer until the
arrys OF relative instructions which had demanded Of
my e verDment
Perceving however that what had foreseen is being
actually realized the of panies who.
supp orted by the pretended right with which the power
the second cle of the decree of the 10Th of April
petitions in the very centre of the Amazou To the
coast of Peru sne that, in ths spirit, and
D~lng
prose culed-yeldipg imperious duty, submit to
you the importance Of these events at the time
protesting AGAINST any result which the above named
resolution of the Peruvian may bring about
prejudicsl to the Interests Of Brazil.
On this occasion, repeat to you the expression Of
high consideration With which have honor to be,
most iliustrious and excellent very ob-dsnt
servant, J. nE p. G DE ALBUQUERQUE.
To His Excelency ID, JosE MANUEL TrRADo
LIMA, Sept 80 1883
Ibaye had the honor to receive your Excesncys nots
Of the LIST inst, purportng declare that In eonss-
pretended right which the the ond article Of
the decree OF The 10Th of April give, the they are dis
GUESSING the organization of mercantile petitions on the
Amazon rs Tar MS the Peruvian shore. aud acquaintng
that other prepare being actively carried on i'm
believed to be your duty to submit conside-
ration these important facts, while the YOU
protest against any result which the before mentioned
resolution Of this government mig hi pring about.
Since You had the goodness 10 send your note Of
the 3Oth of April 1883 in which stated that the
second article of tho decree of the 18th Of April In.
fringed clause Of the article of the treatG
existing with Brazil thought to have made clear Il
you my of the 20th June, that the opinion
Of the government no such infractiop existed
csDnoi ut present do less than persist SAYING that
the navigation the Amazon is to be- considered as an
exclusive right Of thspsopls along The shorswhethef
through Prnci pies 81 COMMON l. through the
suction of that clause OF tbs treaty with Brazil to whic
have aluo edPeru II not free to refuse subjects
of other nations with whom she has treaties the right
OF entrance into those places situated the banks
OF the Amazon into the Peruvian territory where the
Brsz liam subjects al owed to ne; because tnis
right the part of thos peoples has ensured by
l
before named OF the 10th of Jans an express
article of the treaty xstpg with the government OF
he ahnc majesty, ana sAued 10 another OF the same
weight and meaning, In treaty concluded with tho
United States.
This government much the less free to refuses
that communication OF the right Of to the ANA
ION, by the nation of such treaties, inasmuch
the representative of the United States ii this CAPT AL
Il treaty with Brazil de public wrote
note under date of the 18th Of March last of which
have acquainted Excesncy and which this right
is demanded particularly on the ground of this very
clause of the arii lie of treaty where the
exclusive navigation by the States bordering the river
As government has not been able to nd plausible
grounds on which to sustain its refusal prohibition Of
entrance INTO the river, 10 the subjects nations with
whom she has treaties in which This concession pro-
vdea for and it could not fail satisfy the recaana-
tions supper ed though it not moved BY
other o. other kind of voluntary
,ure, still the declaration {. the I'd article of the decree
of the 9th Of April was obligatory the part Of the
government.
But this far from having been conceived in spirit
prsudcia to the rights of Brazil siace this very ID
article it, this is subordinate to the
condition that the subjects of nations which entitled
to the of this advantage by with Peru
obtain entrance to the waters Of the Amazon in which
condition, without doubt the rights which belong
Brazil have been kept especially view.
1t is beyond doubt that this government not
der The obligation of expressing this restriction since the
rights of Brazil upon those water the recourse to
them in whole or in part which correspond with the in
upon this government would they fail ia p,ssessine
the efficacy which justice gives he their being
founded on the expression omission Of such condition.
So it is that it has been but voluntary act wsd
rather desire that the rights Of raz should be re-
sfeted than of giving direct o,casion to their being
tampied upon.
lam ignorant Of any design the part of the COM
pan'es being formed to violate the rights o. BRASIL
of April has given rise to pretsnsions which
are Iepugnant to the interests of Brazil or con-
trary TO its rights, this government for
snch result since it is certain that government not
be If its acts be taken prstext or occasion
for applications which affect other friendly governments
and WI has neither directly BY any
means spprovingy concarred in hope that your Ex.
eeliency will recognise the justice this observation
applied to Il present case since the course of your
estesmeo note, which am Answering when speaking Of
those compai les which being organized yoi make
use OF the following phrase-.,Sup ,orted by the nre
tended right with which the power II the second article
OF the decree of the 18th April allures them In
effect this decree has not been able to Greats right
pnJuuical TO Brazil; and whatever be the ntel.
gence and application which your Excelencys govern.
Den VIII employ to forward ito sovereign rests those
who attempt violating them under the sxouls Of the
detree OF the 10th OF APRIL would but make use of pre-
Tended rights that to say, of authority which the
government OF feru could not would give "A In
ciesrls shown BY the express s,ipulations
what Peru recognizes Is that having right OF nayra
ton OF the ama,en as State bordering the river and
although this right Of may belong exclusive
y to those people, who eeru border on the rvt aha
cannot deny access to those parts Of her territory which
the river washes to those people who have stpulsted
in their Tor this since like ,cass ivht
be GRANTED 10 the citizens of other States 70 funl tbs
obligation she has the rights of the other natons
al.ng the river, ana especially those of Brazil on "a.
count CT the peculiar situation oc pes With esnacA
TO the Ama' on and has required those tigners IA
vored by treaties, the conditions which they obtain
entrance to the said waters. - ~
SO, then, If any other construction be put upon The
decree OF the 10th Of April Peru be held rsspon-
sble for It, still less she that any result b
protested against Exce lency thought proper
Ia do It be that that protest directed in effect In
the establishment Of sbity the part Of ths
government for acts which, believe clearly 10 have
shown you, it has not authorised
Before concluding, mast express to your Excsencv q
wish that those mpedinents 10 the navigation of TIA
Amazon for want OF regulation between the people o.
me borders o. the river may be entirely avoided means
OF the establishment Of which viii oonduce IA
an agreement among the psnipotenaries Of the said
States as have already pointed out To you in INV cir.
GUAR OF the 10Th oil July last. With sentiments Of the
highest respect. &C., JOSE MANUEL, MRADO
To his Excelency Ambassador Extraordinary snd VA
nj ter Plenipotsntiary of the Empire Of BRAZIL
Details Of the Census OF Detroit.
from the Detroit Tribune, Oct. eel
few DAYS air