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

obligations, she would not only lessen tine high chsrac-
tor which has distinguished her In the observance OF her
contracts, but would ndic injury upon the United
States.
The undersigned might here conclude this communica.
ton, without adding word being unnecessary,
since he has entir. confidence the faith Of the
Peruvian government and the force and cacy OF the
treaty and decree before cited Nevertheless a mark
OF respect towards the Vi Peru and show
that he does not shrink from disc 0ssg this matter al
though IL has already been expressly dehnitiyely
decided the undersigned viii enter into sxamina, isn
OF the opinions aimed In the note Of his Exeelency
the MINISTER OF Foreign relations, dated the 10th ns
lutinfb) in order TO remove even the slightest doubt
from his Excellencys mind
His Excellency observes, that
brazilian vessels navigate in the condiments .rbu
la because II stipulated in the treaty concluded
But il cannot t. thence dedncsd that such confession
may be extended to the citizens and vessels Of the United
States which IL made papsblo aud evident by care
fS The t tsiE meaning Of art ss
port Of his demand
After citing of the provisions Of the second ar
Gle Of the treaty made with the United States his Excel
lency says that
This article cannot for claiming the navi
CATION Of the interior rivers Of the republic which not
the the adjaoeat land There then Amer
Vessel, nay and carry on me- aos the
them is called bank.
The desire of the two governments in concluding the
treaty Of commerce Of the Goth of July, 1851 is
pressed In the preamble Ii being to place their
nercal relations upon tho most liberal basis" There
FORE their intention was to promote navigation and
commerce recprocay, and to concede to each other,
without restrictions, all the advantages of the most
favored nations The treaty is also prospective in its
places open to foreign at the time that COM
pact signed but also upon those which should DO
subsequently opened 1t granted to tho respective c
gems all avors present future which any other nation
shall enjoy.
The intent and purpose Of the high contracting par
ties expressed in the second third and tenth articles Of
the treaty with tho United States 30 obvious that
they fall within the primary and principal rule for the
Interpretation OF treaties, namely -
t. -
precise to ss ssssrd
sic document Watse book chap H. Sec sdsJ ''-s .
II the words clcar and such as are usually en-
exhaust the vocabulary to render the intention of the
contracting parties precise. kaqeA ~
The undersigned cannot agree that the treaty between
the United States and Peru referred solely to maritime
navigation according to the restrictive Interpretation
sought TO be given to the second article. The word
navigation" has general meaning, and Is applicable
both TO rivers and to seas otherwise it would be noces
sary to tpulate separately for maritime and river nav
gaton--a distinction which the undersigned has neyer
met with in any treaty of commerce and ma vigation
The words used in the articles OF the treaty cited by
his Excelency are such as the government of the United
in no instance has II been proposed in the present. to
draw distinction between maritime navigation and river
navigation.
BY the treaty of the goth July 1851 the United States
concede to Peru the right to enter carry commerce
in all the mercantile ports Of the Union without estab
fishing any difference between ports situated on the
coasts of the Boston and Charleston or in the in
terror Of bays, as New York the banks navgs
BILE rivers, as Philadelphia, New Orleans Richmond and
others The terms OF the treaty include all the ports
that are opened, which shall be opened to foreign
commerce.
Peru has contracted the Same obligations Conse.
quently when the Peruvian government opened river
ma gation and established mercantile ports ports Of
entry, on the Amazon, the United States acquired the
right to frequent them, right springng from the prin
dTie of reciprocity tho basis Of the treaty The I'd
article stpuates that here shall be reciprocal liberty
OF commerce and navigation between their respective
territories and citizensnot between Peru and the
Atlantic coasts Of the United States to the exclusion of
those Of the Pacific not between the United States and
Peru CTS andne to the exclusion of Peru -andile
but generally between the totaty of the terrific
ries Of both nations Continuing in the same liberal
and broad intent, that article establishes that the
citizens of either of the two republics may
FREQUENT with their yessels all the coasts ports and
places OF the other wherever foreign per-
mtted,' showing thus clearly the design of the con
tracing parties to throw open all their p4 Ets to each
other And yet his Excelency says chat the OF
the United States cannot frequent the inland rivers Of
Peru because their margin the ani about them
Tho Undersigned certainly did not anticipate TINT tho
dstAru hcd Minister ~ Foreign Relations would desrs
to restrict his views his language in that manner in
terests AS Ls Excelorcy however, Iays nuch stress
upon the omission II the word bank [.tberd the UNDER
signed must remark that in the word places s,oarel
comprehended all the points within the Peruvian
territory which vessel cnser after they shah 10
opened to the commerce Of foreign natons-Bras FOR
example or others Is absolutely necessary
in treaty the word which eonprehends totalty a,
far possible the intention of the contracting parties
I
the English language or "l.0ara' in the Spanish II
more necessary the contracting parties would have
to enter into detailed specification Of shoros
banks, gufs margins OF rivers and every other place
that serves as limit to waters Moreover, who says
place, says bank, and says coast, because both are
places in the legal and common accepaton Of word
In the article In question mention made of isln
as places to which the vessels Of the United States may
from the Chncha Islands in conformity with the com
mercial regulations.
Finally the citizens of the republics may enter all the
af nf thpf Vhlra
mttedthat is to say, all the ports Of entry whether
sea ports or river ports consequently II is clear that the
citizens OF the United States may frequent whatever
pieces the subjects of Brazil may frequent upon tho
sea coasts or upon the margins of rivers
The undersigned will now examine the provisions OF
the Sd and 10Th articles Of the treaty between the Uni
tion given 70 them by his Excelency is enron eous.
His EScellency, in referring to the 80 article, says
The sstsn'Sn 's rat :. consider and
ton reepsGety on tho part q tue other
have been conceded to tho other permits & ra
,an fgg.cts and yGs,e the free Of interior
ctGeu equal freedom and liberty hers The United
IT, since they not Of the Amazon
With due respect to his Excellencys opinion the IN
dersgned must observe that the government OF the
United States does offer to Peru reciprocity in river nay
CATION since Peruvian vessels may frequent the ports on
the Delaware, the James, the Mississippi and other
rivers OF the Union open to foreign Besides
it entirely doctrine 70 the undersigned that
contguity and identity are requisite to constitute rec
procIty
Tie Sd article Of the treaty under review stpulates
that the contracting parties
Obige themselves and engage conoede any favor
privilege OF immunity IN regsrd 10 commerce nayiga
ton TO other nations without also Immediately
them to the citizens OF the ether party who
shall enjoy them gratutousy II the concession shall have
been gratnitous or for like alton othor equi
valent which shall be adjusted b mutual consent IL The
concession shall have boon iitonal.
The meaning Of this article is that the pertes concedc
each other the enjoyment OF the rights granted by of
them to any other nation, and lie 4puatons look the
Uvvl,ic
they treat and from the employment of the verb in the
future tense in speaking of gratuitous and conditional
concessions.
The words u regard 10 'commcrce and nayigation,,
have extensive Specification that they include both
maritime and huyial commerce and navigation II the
Peruvian negoator had had the intention 10 exclude the
rivers Of the republic he should have expressly excepted
them.
That article nothing about the geographical posi-
ton of the countries and the undersigned cannot
on the suppoon that because the territory OF the Uni.
ted States not contiguous to the Amazon the citizens
OF the Union cannot be comprehended in the favors or
privileges conceded by Peru within her waters TO other