The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-24
Free Navigation or the Amazon.

Free Navigation or the Amazon.
OFFICIAL DOCUMENTS AND CORRESPONDENTS Br
TWEEN THE pE6uvIAH MINISTER or FOREIGN Al
IA ms AND THE UNITED STATES MINISTER.
NO. l.
DEPARTMENT or CovIRsaRsr
l. Jose Rufno Echenique, President o. tho Republic
considering that the decree ~ the 18th Of April 1858
mas given rfe to various esticns and doubts which 1t
necessary 10 determine and resolve,
DnEfF
Article l. Tie Brazilian subjects may navigate freely
In the rivers NJ Peru conf with Ito AnA2on, con-
formally with article Of the ssy Of The 25d October,
Art .. The government viii de snae in each river the
ports in which the cEts- stion nr lending nefchan-
disc may be made by the oaia all NAe oo-.a OF ~ Q
obtained the privilege 81 steam nl' sato according 70
the stipulation IN tie frs ali ,osai er ie, paragraph
Eve Of the treaty with the empire OF 1-sz
Art g. II other stes pre- end that their subjects
and vessels should lo admitted 10 the navigation
OF the Amazon ANA it's cont aents belonging to the
Territory OF Porn, because they believe they pos.
sess The right 10 H. in sir Of treaties concluded with
the republic The government wiz proceed 10 the grant or
the denial Of TIE demands uddre sed 10 H. accornv Ia
the s uations 81 existing treaties IL the manner ana
nnder the conditions that may deem just and con-
Renient
Art a. The Peruvian government recognizing the right
that al the riparian States posapss III te nats ~
abe Amazon, also recognizes the necessity OF
with Them the geneal regulations oi police and DINER
measures maj i may be necessary to adopt for IT,
ART o. ms decree Is only explanatory of tha Of the
o April Ieo3 as to the points ressed in the pre-.
Given in the House Of the Government at Lima on the
H'h OF January, 1854. Gigned)
JOSE hUFfNO ECHENIoUE
JOaia dREboAtO PA1 SULDAN.
NO. H.
The attention Of the undersigned has been called 10 an
advertisement published in the hrnScCeo newspaper of
this capital purportng to be "a list III Tho yilages and
She distance in eagueS from po TO noint and lsces Of
arrival for the navigation Of the 81 Rio Negro the
amazon" (peroero de los paeblos leguas de distan
Ca pupto punto los de bada para navigation del
vaper Rio Negro en- el Amazonas.')
The Rio Negro being q the steamers belonging to
le company established by Ir Evan yesta de Sonza
Ader privilege granted by the Brazilian government,
pd consequently Brazilian vessel the undersigned has
be homer TO address Iii. Exoeency ID Jose Gegorio Psz
)dan, Minister Foreign Affairs for the purpose of
Ding informed whether the Brazilian steamers belong
Is 10 the said company will be permitted by the Peru
hn government To navigate the portion Of the river
Jon lying within the territory of the republic
fhe river Huallspa, as far Is Iurmaguas
BY article st Of the decree of 5th Of April last
The government OF Peru declared that the navigation
Trade and commerce Of the waters Of the Amazon
free to Brazilian vessels and subjects far Nanta at
The mouth Of the Ucayal and by article "a the citizens
@nd subjects of the other nations having treaties with
feru under which they enjoy the rights OF the most fa
wored nation, also admitted to larake in the said
navigation and commerce Of the Amazon.
II, therefore, the brazilian steamers admitted to
navigate and carry the Peruvian rivers
AS far TrimaguGs vessels of lie United States
equally entitled TO the privilege asreeaby to the
spulaions in articles I'd Sd 10Th the treaty be-
tween the United States of America and the republic
NJ Peru of the 2sh of July 1851 and the undersigned
nccordyly hereby claims for the citizens Of the United
BtatesGll and every favor, privilege and immunity,
whether in commerce navigation that may have been,
subjects Of Brazil Within the limits the republic and
more especially connected with the commerce trade
rivers tributary TO it,
The undersigned takes pleasure on this occasion to of
Ter to His Exceency the minister of Foreign Affairs the
assurance OF his most distinguished consideration
j. RANDOLPH CLAY.
LIMA 3lst December. 1853.
To His Exceepcy D. Jose Gregoro Paz Soldan, Minis
ter OF Foreign Affairs Nc, &c, &c.
No III
LIMA, January l6 1854.
The Minister Of Foreign Affairs has the honor to reply
TO the note OF his Execency the Envoy Extraordinary
and Minister Penipotenary of the United states of the
31st of December, in which lie expresses he wish to
know il the Brazilian steamers viii be permitted 10 nav
gate that part of the Amazon within the Peruvian terri
tory, and the river Huaaga far Yurimaguas, and
concludes by claiming that, such concession be made
10 Brazilian vessels, the shall be conceded to Amer
5can vessels in conformity with the ,e9es exssns De-
Brazilian vessels navigate the continents or trbu
3ares of the Amazon flowing through the territory OF the
republic because il is stpulaedn the treaty concluded
with Brazil and because the concession is reciprocal
Although by the first article of the decree of the 18th of
April 1858, the point Nanta at the mouth OF the Ucay
ali is laid down the terminus OF navigation, the
government of Brazil protested against such Limitation,
bringing forward such well founded that the
-1vcrnment oil Peru has considered them just and sup
>rted by the OF the treaty concluded with his I'm
Nevertheless 1t cannot be deduced this that such
Dnceson should be extended to the citizens and vessels
Jthe United States, which will be made more palpable
Nd evident by a careful examination of the tenor and
scanning of the three articles OF the treaty which his Ex
cellency Mr. Clay cites in support of his claim.
The second article, in the part applicable to commerce
and navigation is ollowsThe republic of Peru and
the United States of America mutually that there
Between their respective territories and citizens The
citizens Of either republic frequent with their yes
foreign commerce permitted. The said citizens shall
have full liberty TO trade all parts OF the territories of
ether according 10 the rules established by the repec
live regulations of commerce.
This article cannot serve as ground on which to sup
port claim to navigate the inland rivers OF the republic
which stipulated conceded but for the COASTS
shat to say the shores of the and the adjacent
land There American vessels may frequent and
IN commerce. in the interior of the rivers. Their
margin and the ad accent land about them called
banks The words employed in this article being clear
and precise we not without weighty reasons, de-
part from the and application they have in ordinary
The third article savs:-sThe two hirh contracting
parties hereby bind and engage themeye not TO gram
any favor privilege, immunity whatever in matters
pf commerce and navigation to other nations which
shall not be also Immediately extended to the citizens
the other contracting party who shall enjoy the SAM
gratuitousy if the concession shall have been gatrtons
giving compensation, nearly possible or pro
poronate value and effect If the concession shall have
been conditional"
The meaning of this article very clear and in con
formity with what has been before expressed It being
scarcely necessary add the least observation The
tension declaration to consider and grant TO the sub
jects of State tile rights of the most favored nation
nways supposcs reciprocity on the part of the latter
ind its submission to the conditions with which thos
favors have been granted to the other Peru allows
the subjects and vessels of Brazil the free navigation
Its interior rivers because the empire grants like priv
1ege and liberty in theirs to the vessels and citizens
Peru The United States do not offer the rcciprc
ry, they offer it, for they not located upo
She banks of the Amazon consequently neither the
claim it, for they only enjoy grauously the avors
privileges exemptions stipulated in the third article
in the concession should have been gratuitous
for compensation If it should have been conditional
Thus en the text Of the treaty does favor the de
mand of his Exceleney the Envoy Extraordinary an
Minister Plenpotentiary of the United States.
The navigation by steam vessels stipulated between
1he governments of Peru and Brazil conterminou
States, lying upon the banks and Joint owners OF tn
waters Of the Amazon cannot be claimed by the
ment Of the United States If the terms of the coe
articles had been explicit The company forme
with the funds Of the Peruvian and Brazilian govern
ments and destined to navigate the common waters en-
closed within the territories Of both states aa
Belonging TO them which cannot be considered cor
cesson made TO third, and which II it could be elaine
by another would be equivalent TO asking the favors
grant to ourselves and in respect TO which the right
the most favored nation cannot apply, since thir
foreign party does not intervene.
Peruvian citizens and vessels have the RICH
10 navigate the Amazon, because Peru, a
= State owning its banks participates in
coniointly with all the oonterruinous States an
because the waters Of her rivers contribute TO form