The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-07
NAVIGATION OF THE AMAZON.
interesting Diplomatic Correspondence Be-
tween our Minister nc Lima and the Peru
vian Government.

tween our Minister nc Lima and the Peru
vian Government.
NO. v.
DEPT or GovKRxESr FOREIGN RELATIONS !
LIMA, Feb. as, 1854 I
TO ms ExcrIIscY rn ENVOY EXTRAORDINARY AND Mrsrs
TER PIEsrorESrrARy OF THE UNITED STATE LIMA:-
The Minister of Foreign Relations OF Peru has the no
to reply to the note which his Exceency the Envoy
Extraordinary and Minister Plenipoentay OF the United
States Of America addressed to him, dated the Attn of
February, in which he protests against ths interpreta-
ton sought TO be given to the said treaty concluded with
them, in the note addressed TO him by the undersigned
the 10th Of January; and he also protests against
every other act Interpretation construction which
~oud diminish affect the right of the United States to
be placed upon the footing to enjoy ali the advan-
1ages accorded TO- the most favored nation within the
Peruvian terrtores.u
Before entering into discussion Of the principal points
pf this note II will be permitted TO the undersigned to
make two remarks the protest addressed TO him by
First That the ministerial note of the 10th Of January
was limited solely to answering and satsyng the claim
which his Excellency Mr. Clay addressed to him ON the
lst December last without the undersigned intending
interpret the treaty concluded between Peru and the
United States II in examining its articles in the clear
not applicable and gave no support the claim inter-
posed he did not resort to caprcous interpretations
put presented merely their sim pie and Literal
against acts Of real violation of right against mega
fve to comply with what Is legitimately due In the
Found which essential to- and inseparabe FROM an
bet 90 solemn in order to its admission. One more
articles Of any treaty may be understood in different
light by each Of the sgners TO it, without the understand
that one Of them gives to the treaty being character
zed by the other AZ an infracton or violation.
example presented by the question which has for
been agated between Great Britain and the United
[;tates
congress, says -
article q the convention Of the goth April 1918 in
sde our etissns from some Of the fishing grounds to
they freely rsscrtsd for nearly quarter Of century
The United States acquesced in this construo
he. ss 80 ss tsr nsi
th view to All dihculties the subject
q ISIS and q regulate trade between the
has
4 Q result
This authority, which his Excellency Mr. Clay cannot
fuse, win convince him that the foregoing reflections
ke well founded. Although each nation interpres in
ferent light the article Of the treaty of 1873 neither
iputes to the other considers the other volator
both have agreed to settle their questions by opening
If on requiring the funlment Of treaty, Of the
res should arogate to itself the right of deciding by
elf alone upon its genuine meaning, refusing to enter
ITO exam nation and discussion, and protesting
Employing other than those recognized by inter
tonal law, then treaties would change their nature;
ey would be converted into sentences which power
light pronounce upon another as its judge, and the
ses and principles of equality and independence among
lions would be destroyed.
when . public treaty presents . doubtful meaning IL
rs0s, &c any BY ds
sstion whether not the meaning is doubtful only
ssns2.ss.s parties may slosSsa With ali sSs
one
cord The third party to whose Judgment the nterpre
aas se
tons second part, title H. section l. chap H. sl63)
putting the most favorable construction upon the
Jim OF his Exceency the Envoy Extraordinary, admit
that the meaning Of the articles of the treaty
doubtful and that the navigation of the Amazon and
tributaries might be considered comprehended in
I'm att b no or he
could it be admitted by the Peruvian government.
tests have legally no other effects, than those which
ling from the justice and good grounds upon which
er having laid down the foregoing two premises the
Ibis Excellency the Envoy Extraordinary and Plenipo
tiary to prove that hePeruvan government has OIL
decided the in favor Of the American citizens
cannot revoke its decision without the consent Of
\ government Of the United States.
support of this pretenson his Excellency Mr.. Clay
uces the second article of the decree Of the 18th
IL, 1863 by which American citizens and vessels
pgnzed to have the right of transit by the Amazon,
The same footing Brazilian subjects and vessels;
u the doubts which arise were removed by official
dement's, and daily interviews with Mr.. Trado, in
CHI he admitted the right Of the United States, as
rable than the aforesaid decree in the third
fcle whereof the word "Loreto" was, at Mr. Gays
)yestion, inserted that when the treaty concluded
ID Brazil officially communicated to him on the
Peruvian government to adopt in favor Of American
lens such measures should assure to them the full
yment Of the favors, privileges, advantages and i'm
iities in the commerce and navigation OF the river
,zon and lie tributaries that had been conceded to
In; that in the Official communication exchanged
Iyeen Messrs. Cavalcanti and Tirado the latter had
vocably recognized the right Of American
.zon and its continents in case they should
in admission into those waters that when
should be any collision among treaties the oldest
a be preferred that Peru could not carry into effect
stipulations with Brazil without soncedag the same
msrican citizens; that the rights acquired By the
lot be diminished without inHcting injury upon the
ed States.
e fufiment of the treaties and the decree Of April
therefore, substantially the two points upon which
claims Of his Excelency Mr.. Clay are founded, and
nee he draws the reasons and arguments contained
"a proposes to reply, expressing the hope that his
llsncy Mr. Clay, with his acknowledged Intelligence
that the hs
ltention to violate the faith Of treaties, but only
they should be construed justly, and according to
occasion the desires OF his Excellency and Of
overnment cannot be gratfed, 1t Is only because
gsrded forbid and because It believes that it Is not
"a by ths treaty Of 1851 concluded between the two
rnments, to make the concession demanded Of it.
is note, and in that of the 10th OF January 1t has
and is shown that the Peruvian government has
Infrnged the treaty with the United States.
sither does the undersigned discover, however dill
IL he has investigated the matter, that clear, posi-
irrevocsble and recognized right in favor OF the
ID States by the decree Of April and the subsequent
published to the 4th Of January, when the govern
admitted the justice with which the Br- Gillian
tier opposed the second article Of said decree, there
found the files of the secretary Of this depart
single written document in which the right ID
tied or confessed, which his Excellency Mr. Clay
oses acquired in consequence Of the note Of the
March, 1852, addressed to Mr. Tirado. However
and decided might have been his opinion in ,vor
worthy representative of the United States, he
ct conclude to signify in note what he states he
him verbally.
omission could not have been Involuntary or se-
tai but prudently calculated because Of the situa
d which Mr.. Tirndo found himself, growing out of
lending protests and claims Of Brazil So long ~
continued and the contest and discussion lasted,
e could legitmately acquire titles of right which
1 prejudice and diminish those that the treaty gave
asil, because right can be good against as good
the right acquired by the citizens Of the Union to
ate In the waters Of che Amazon Is founded on tho
Decree It necessarily follows that the condition OF
ring entry from whomsoever was the owner thereof,
been imposed upon them, subjected them to
tton which could not be laid II the treaty declared
At liberty TO navigate in the Amazon and its tribu
and that no enforcement could hold good against
o long that concession was not granted The provi-
the second article was not peculiar 70 any-t vas
inuine enuncation Of an abstract idea, which did