The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-01

original and exclusive jurisdiction over the upper wate
and follow them down to the ocean.
The joint ownership in the central channel OF tho
Amazon commences at the point where the continent
Of of the riparian nations cross iss frontis
and flow through the territory of another State But
IL cannot be hence inferred that Brazil ns tho pro-
Prietor OF the mouths OF the Amazon, mas always
within her territory Ajenas what Is moro oxtraord
nary, that she should have had original dominion and
urstiction those waters when, in reality the do
minon she exercises from the places where
the foreign rivers enter territory To assert the
ary would be TO fa into inversion OF unacceptable
terms IT, therefore, joint ownership exists among the
riparian nations begins for Brazil at the frontier III the
empire and not before. This is virtually acknowledged
by Peru and Brazil by the terms of the second article OF
their treaty wherein Il l. said that tho navigation "<
the Amazon from It's mouth to the bank in PerA must
Delong 10 tie respective riparian States"
with respect TO the parity which his Exceency desires
to establish between the ervtudes described the cv
law when treating Of the right OF way (via"-"iterr)
through foreign landed property and the inerna tion
r,eht o. transit by common river, the undersigned
such parity 1t is sufficient for him 10 indicate that
both Identical Of the riparian State
coud conclude treaties with foreign power, opening
their rivers to foreign commerce. without
the permission and concert OF the other riparian states.
so that would find itself really deprived Of one Of the
attributes inherent TO every oyereigu nation.
II being clear therefore, that Brazilian vessels could not
legally navigate the Peruvian rivers prior the treaty Of
steamers into the Peruvian waters of the Am
aEon has been sson or favor granted Brazil
which the United States must Immediately participate
1851.
documents
Brazilian government BY decree Of the 3Oh August
1852 granted to Juan ropes Eyanjei,ta soma an ex
elusive privilege to navigate the Amazon by steam during
thirty years. This grant made upon Sonza's
petition, and upon conditions imposed by the imperial
government they are that the company not to hayes
less capital than 5000 000 that the Brazilian
viii subscribe $50 600 annually, for the of fifteen
years in aid Of the company and that it guaranteed thu
annual payment OF 0oo promised by Peru during I've
This decree was published without consulting the Pc
ruyian government and without stipuating for or
laa ia In of D.r, AFko-
sonz obtained from his government the exclusive priv
lege he proposed to Don Evaxsto Gomez Sanchez tho
Peruvian Consul General at Rio Janeiro to ratify the
conditions Of the navigation contract far as Peru was
concerned The Consul General entered into spulatona
which except the payment OF $40 granted by IL:
treaty OF 1901 we're dsapproved almost totally by the
Peruvian government NJ Tirado then Minister OF Foreign
keaton basing their rejection upon various reasonss
smong others, that
Tho Peru granted to the company
v sas
@ sas On 80 s but
same object-Rseistro 0aciaI DOL. s. No ~ page 80.
This extract and the fact that the capital is not limit
cd to the quotas subscribed by Peru and Brazil
fcent 10 prove that the company is not private Affair
Of the two governments, formed with their funds and
There still other matters in relation to the
organization Of tho company by which information is OBJ
tanned that this company belongs exclusively to private
persons In the contract mention is made of either
OF the two governments as partners in tho COM
R tna !,, me , PRESIDENT OF the company Ia
stockholders are probably Brazians; the decree OF
the Both Of August 1882 does not say that either Ba
or Peru have capital invested In the company mar
that they are participants in its gains its losses and
lastly II has not come to the knowledge Of the UNDER
signed that Peruvian citizens found among
the Stockholders 1t Is therefore, under every aspect
private Brazilian company and probably the government
OF eru cannot interfere in its direction a
proceedings having to conHne itself to being vglauk
that the police regulations that may BIO established in tho
Peruvian waters and ports are duly observed.
The government Of Peru has received any compen.
saton from Brazil for the fayors granted to the
of the empire because Peru has always had the right "a
the innocent use Of the lower Amazon.
Peru therefore, cannot claim compensation from the
United States on account Of admitting their citizens to
navigate and carry in the rivers Peru.
II there be any doubt In respect granting euuvaanta
for the aforesaid admission It would only whether tho
Peruvian government Ia or is not bound to give 500 900
annually to the first company organized by citizens Of the
United States which should establish line Of steamers
Referring the stipulatons of the FIRST article OF tho
treaty between the United States and Psu his EXCELLENCE
observes that
vial which did yet sss in Peru that what
pnated for martins nayigation cannot be sxtendedt
nesersasy to conclude special treaties.
II T. unnecessary that the undersigned should repeAh
comprehensive nature of the treaties of commerce and
navigation The object Of their stipua,ions only
to regulate the present mercantile relations the
parties but to provide for the future and "a
guard against disputes and third parties
ana moIa sa'ga.on Of general sianiacation and
countries in which this latter |. permitted II stras
that steamers did not navigate the Peruvian riy
the treaty OF the 2sth Of July, 1851 signed hut
Brazilian steamers navigate them, NAL ing re-ulas
rips between Nsnta and Para In virtue of tresy Of
later aatewth Brazil The navigation being once essas-
hshed and permitted to the subjects Of Brazil It ssS
also he permitted 70 the citizens Of the United statns
His E1ceeney aliudiny to the strictness with wll,S
the government OF the uated States maintains The roles
and doctrines OF international law with regard 10 tho
dominion and OF rivers is pleased To say that not
wiLs,sndn the scarcity ~ small vessels II caiiforns
TO the rivers for the obes Of the iscova.y ~
gold It did not permit foreign vessels except great
IN rNr-v ON A,ur xl- -
CATION absolutely prohibiting IL afterwards aud oven
preventing those which had gone up from returning ard
Tie rivers of the United States those Of Upper CALI
ornia included arise and dow entirely within the terri
Columbia and the st. Johns belongs TO any foreign
poser there are no psans there who participants
IN The right 10 navigate them aud the United States haze
exclusive sovereignty these riyors.
very probable that foreign vessels may not have
neen permitted to frequent The rivers Of Upper Califor
MA but this prohibition win have been limited To
Peruvian vessels II any particular been con-
seded 70 any nation, the government II the United
saies would have made i excnsbe n Peru in just full
hlmout Of the stipulationso Of rs treaties.
With regard to the igation by steam
err o. the Amazon within the Peruvian territory tho
United States only that their citizens participate IN
the same favors granted TO any association
pany to which they haye perfect right both by thu
spirit and the language of the treaty
The mention that Is made OF rivers In the seventeenth
article of the treaty with the United States purely
exceptional Of vessel which, being In danger q
shpweck, should seek shelter in Peruvian port wheth-
VI Sho WIZ caBo 70 tuis repuDuc OF Va
any other nation Therefore said article cannot be In
terpreted to form general rule In regard TO the
ordinary commerce and navigation between the United
States and Peru.
II remains for the undersigned briefly TO refnte the OBJ
servaons contained in the concluding paragraphs Of his
Excelencys note.
Neither tho Amazon the tributary rivers IA
Peru have BEEN nor are yet opened to eommsres
In that case 1t Ia not understood how Is that Brasil
ian steamers carry on commerce and navigation a.
NaDta Brazil and Peru independent nations an -
foreign each to the other Peru United Stass
notwithstanding the identity which his Excellency
TO wish to establish between the first because Of
their being conterminous SO long Brazil Peru
are not united under and the government IL IL
unquestonable that they form recprocay foreign
nations and that the favors conceded by tho
other put the that receives them in the position a
favored nationv
The declaration which made in the second article Of
the treaty Of the 23d October 1851 Affirming that the
navigation Of the from It's mouth To the bank in
Peru belong exclusively to the riparian States