The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-01
NAVIGATION OF THE AMAz, IN.
Interesting Diplomatic Correspondence Be-
tween our Minister at Lima and the Per II
vian Government.

LEBANON OF THE USnKD STATES
LIMA, Feb. 4, 1854. I
To Hrs ExumJEScy sNoR Dox JOSH GaRsoRro PAz So
DAN, Minister of State in the Department of Foregn
Relations of Peru
Piespoentsry of the United States of America has
ceived tire which his Exceiency Don jose Gregoro
r.;,no 70 him the his E
ceency gives the second third and tenth articles of
the treaty OF smy commerce. and navigation between
tire United States aud the republic Of Peru and deducng
therefrom conclusions which the undersigned could not
accept If the admission admission of vessels
Of the United States into the Peruvian waters Of the
Amazon questionable, rs matter stil to be da-
cussed and decided But such Is not the case and hs
Excellency has mistaken (equivocado) the object and
purpose OF the underssne in suppong that In his note
Of the 31s of December last he whether vessels
and citizens Of the United States could navigate and
carry commerce in the Amazon and its tributaries
within tho Peruvian territory since the right to do
is perfect and is exercise begins from the time when
single Brasilan vessel or subject is admitted into these
waters.
The object of the undersigned addressing that note
to his celency the Minister OF Foreign Relations was
sinply 20 ascertain whether Brazilian vessels and sub
jects would be admitted to navigate and carry
nerce In the Amazon and Hualagl far Yurimayass
in which he purposed to claim the license for
the citizens and vessels of the United States The under
signed had occasion 20 ask whether citizens Of the
United States would be permitted to participate in the
and navigation Of the Peruvian waters of tho
Amazon, since the rights conferred by tho aforesaid
treaty had already confirmed BY the decree Of the
16h OF April 1853 especially by the provisions of its
second article, which is as follows
The subjects and citizens Of other nation. which also
Of the most favored nation or e whom tic same il
to and 70 are q CON
Into the Of the enjoy on the shores
subjscts by the preceding article.
The third article declares Lsroto and Nanto to BIO ports
open to foreign commerce.
Therefore, IN view Of this decree it is evident that the
citizens and vessels Of the nations who have treaties u
navigation and commerce with Pcru, sckno
the right of transit through the Peruvian waters Of
the Amazon, u1on the footing with Brazilian sub
ecs and vessels and the United States being tho
nations particularly indicated right OF their citizens
TO navigate and carry commerce in the men
any reasonable doubt existed Of this decision Of the Po
ruvan government in favor OF the United States was
signed with the predecessor of his Exceency in the De-
partment, Don Jose Manuel Trado whose notes have
been published It Is easy for the undersigned to show
this without fear OF its being refued to which end he viii
cite chronoogcay the events in connection wi tn the
question
The treaty between Peru and Brazil signed in Lima on
the 23d October 1851 the Publications Of which were
exchanged In Rio Jauero the 10th October 1852 was
communicated officially to the undersigned on the 9th of
March, 1858, or shortly before On that day the Hnder
signed addressed noteto theMnster Of
in which, after citing the articles Of said treaty relative to
the navigation of the Amazon and the trade in it's waters
by Steamers referring also to the ID 3D. and 10th articles
OF the treaty between the United States and Peru dated
the Goth of July 1851 the undersigned in virtue Of them
had the honor formally to request OF the Peruvian GO
vernment to adopt to the citizens of
the United States the full enjoyment of all the favors,
privileges, advantages, and immunties in the
AMI navigation, with steamers sailing vessels of the
river Amazon and its tributaries in the az
was conceded to the Empire of Brazil by the Convention
Of Commerce and Fluyia Navigation and It's separate
articles concluded Lima between the republic Of Peru
and his Majesty the Emperor Of BRAZIL tho I'D Of o.
Thus then the undersigned, without the slghtoss de-
lay as soon as the treaty was communicated TO him.
claimed officially from the Peruvian that tho
citizens and vessels of the United States should placed
with respect TO the commerce and navigation Of the 70
ruvian waters OF the Amazon, precisely AMI technically
upon the same footing Brazilian subjects. The treaty
between the United States and Peru is Of prior date
that which was signed between Peru and Brazil and n
the stpuatons of the former most liberal and
prehensve with the intent TO grant to their respective
citizens every favor conceded by the contracting parties
to other nations, the undersigned consequently askel
in bis aforesaid notes only for what the United States had
clear right to.
After the undersigned had transmitted said note to the
Peruvian government, he had almost daily official inter-
views with Mr. rado the Minister of Foreign Relatons
the right which the citizens of the United States have to
navigate and carry in the Peruvian waters
OF the Amazon, upon the same footing and terms the
subjects of Brazil being fully examined into and ad
mited by his Excelcncy. 30 certain is this, that
various occasions his Exccllency informed the under.
signed that his could not give favor
able to the note of the 9th OF March, than by
issuing decree upon this subject In fact the decree
of the 18th April published, and in subsequent
tervew Mr. Trado repeated to the undersigned that he
might consider that answer to his note and an
ncquescenee In the demand for equality and
the subjects Of Brazil enjoyed in the Peruvian
rivers.
In order that his Excollency may be s.ill more con.
WINGED that the Peruvian government positively recog
nzed the right claimed by the undersigned in favor OF
the citizens of the United States he will inform him
that at his suggestion the word Loreo" inserted
in the third article OF the decree OF the 10Th April
On the 3oth of April, 1858, Mr. Ceyalcanti dAlbu-
querque, the Brazilian Minister in Lima addressed
note TO the Minister Of Foreign Relations "donyny
any government through whose territory the Amazon
passes the right e conclude with another which not in
the same case, any treaty convention in regard to
nayigation without the consent of Brazil"
This extraordinary doctrine which, II carried out
would convert the transatlantic provinces of Peru and
the other neghboriIg republics into subjects oil Brazil
their rivers tributary to the central channel Of
Amazon was properly rejected by Mr.. Trado in his re-
ply OF the 10th o. June last in which after defending
thesfecree and citing the second and third articles Of
the treaty between Peru and Great Britain, he says
Articles analogous and conceived nearly the same
lie Of the Uni states and As soon
s IN 'ts The OF The anu An or
dsisien Law, Per" was osssd to de- G
tons whom sh, the said treaties already mention.
q ' m. Of ri ss 'a
lie hopes tina, your Ex.Ssney VII esade this note
provisions articles Of the decrsa Of
lie Peru Viii Other States .
n ns chsIsI & by the Minister
These official opinions and declarations Of the Minister
Of Foreign Relations are very explicit but IL still further
government has reyocably acknowledged the right Of
the citizens of the United States to navigate carry
commerce in the waters of the Amazon they will be
found in the following extract from another from
Mr.. Trado to tie Minister Of Brazil dated the Both of
September 1855, IN replying to The protest addressed to
him by MT tahlcaLti en- the nrsl OF the same month.
Therein no said
cannot lees at than insist that II he nnviga.
zion Of ne Amazon 20 DO considered riy right of the
peorl, ling the banks, asr common
law the OF that eanse ~ treaty with
Brazil which hive alluded Peru liberty to der
70 subjects q other nations Win whom she has
the right . enter thoso PLACES situated tie banks
and s. Peruvian territory which brazilian
permitted to because that the part
of nations has been secured by
Which c,ted 10 yogr Excel OF
The 21h q june an express article OF the
WITH Of her Britannia Maeety and
ALLUDED another article OF the rignfca-
tiou, IN treaty concluded with the United States
the less liberty deny that con,
unicaon Of the right OF TO tho during the
Continuance Of said treaties because the OF
United States In ths capital directly after the treaty
with Brazil was published, sddressed me dated the
which your ExceIcncy was verbally
inorned by and In which he claims riyht by rea-
specifically Of that clause of tho article
the treaty in which the exclusive navigation Of States
ovning tie banks (riberenos Ia mentioned
As this liable plausible
son by which could sustain its negative prohibition TO
river to the subjects Of the nations with whom IL
has treaties IN which this concession Is provided
cline TO satisfy demands supported IN that In their