The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-07

cent Of the Joint owners but not to BE- couc led IA
others without the consent Of the whole This II no
wise conflicts with the sovereignty of each state for N
the channel neither has sovereignty which Il
contradicfory o. joint ownership But this Joint owner
ship does not hinder of the States from permitting
navigation in its own rivers and upon their
banks.
Your Excellency thinks 1t superuous TO demonstrate
that parity between civil servtude vie iterl fright of
way anu the right OF international transit by common
4 river is impossible
States notwithstanding their independence recognise In
hSr territory pgle ssrvituds in favor q The d
and persons ra,tie urban
yss r1th 70 the Law Of nations Aru.
from dpr1ns s.s thereby S sls st.
Ga. sAsf s .sss ss ny
order n1 that tho sns to ssm
the hish. belongs may be- in far It's exercise
Every Is real on both ds its object %sy
Is ~
[ % ss @ o. hGss
and l3s ''9'A1 paw '''' : 's's' i''
Pursuing his reflections, his Exccllency SAYS
i s.1 70 the two
account because 1t appsrtains solely to private individuals
In the treaty with Brazil it only stipulated that
the Peruvian and Brazilian governments should assist
during hye years, with pecunary means the first enter
governments the respective points which the steam
vessels should navigate The tenor Of this article the
most satisfactory explanation that be given to your
Excellency's reflections.
Evanelsta Soma proposed to organize an exclusive
company the Peruvian government Mother accepted the
the test of the treaty Upon examining this point his
Excelency says that there be any doubt it is reduced
10 knowing whether Peru viii give equivalent COM
pensaton twenty thousand dollars to the rst American
company that may be formed for navigating the Amazon
without the government of the United States being bound
to anything The undersigned does not think his duty
10 reply to this nsinuation.
Neither the Amazon its tributary rivers belonging
to Peru, have been nor yet opened TO foreign
merce and Brazilian steamers navigate and trade as
far as Nanta it is only the internal trade peculiar to
rparans and to which they have right by all the rea
The declaration made in the second article Of the
treaty with Brazil, asserting that the navigation
the Amazon must belong exclusively contermnous
States, does not stipuate impose obligation;
neither has it established prncple for ii an eternal
truth and of ncontestbe evidence that the navigation
Of the Amazon river belongs to all the nations who
tribute with their streams to form the common channel
The natural rights Of of nations are not subject
of compatibility declared applied; and so far
from the right Of other nations interested being dsa
vowed in the declaration of the treaty Peru and Brazil
have acknowledged and proclaimed it, any have pro-
mugated the free navigation Of their respective rivers
tributary to the Amazon they will have exercised their
rights and their sovereignty their territory but
that cannot be extended to the territory Of Others and
to the rivers common to all.
The government of the United States has recognized
the rights OF Brazil and the common rights of the States
conteIminous to the Amazon in explicit manner and
hence the President said in his message to the last Con-
gress-
Several of the South American States deeply interest
to s e.
A. the Of free commercial
generally to the common rights Of ali 70
intsrpstiosai these more literal and
policy unnecessary restrictions upon the
free use Of river which traverses states and
The various preensions demands of American citi.
aens in ls47 1S4s and 1851 for permission TO navigate
steamers prove nothing against what has said and
still less when 1t is known that all those demands have
had no official character did they merit attention
n of n discu
however full they may be- held weeks after its conclu
sion, valueless.
want Of knowledge that in the interior of noun
ins and the shores Of the rivers tributary the
OF wealth with which nature seemed to favor the
South American people The Congress and governments
of the republic have dictated laws and DEGREES for their
exploration have incurred expense and granted priv
ges to attract immigration and excite and foent indus
arrived when such beneficial projects to be realised
and hence they appeared to be forgotten and uncaed for
until the treaty was concluded in 1851 ten years after
the first steps had been taken by the governments Of
Peru and Brazil towards convention, the object Of
which to promote and facilitate the reciprocal trans
actions Of the citizens and subjects Of both nations
the frontiers and rivers; which convention
ratified because Of the political circumstances of
the republic.
1t leads to nothing to remember that the existing
treaty between Peru and the United States is the fourth
navigation. That Of the Both November, 1886, termi
mated with the expiration Of the twelve limited for
siousy II complaints and protests were made against
It, it because Don Andreas Santa Cruz who negotia
ted IT, wanting in legal authority the republic not
being willing to recognise authorize by its silence the
power of usurpers of the supreme authority although
in fact and in practice it might suffer the consequences
Twice have attempts been made conclude another but
without effect The second is in force and the govern
ment Of Peru will fulfil it and respect it in the most
solemn and X it thinks that OF its articles
have not the is sought to give them,
it is not hence TO be inferred that it misinterprets
nfrnges evades them OF it's good faith his Exceen
cy Mr. Clay has evidence in the respect which at the
present time 1t pays to the concluded with Brazil.
The United States form of the most powerful nations
of the world Brazil is young State, less strong and
powerful; and Peru, weak she is must yield to the
force OF her Justification regrettng that she cannot fully
II is not to be anticipated that the government of the
Union will complain consider itself aggrieved by the
conduct which the Peruvian has found itself
obliged TO observe from the necessity Of complying with
the positive obligations contracted with the empire
which, whatever may be their nature, whether for hor
benefit or injury spring from treaty which has i'm
posed inevitable duties upon Peru.
Nor would II be worthy Of the magnanimity of the
American government to dispute with Brazil and Peru
small theatre to stimulate their activity that they
emerging from their nertness with which both have
been reproached. American industry and enterprise
have the whole world for their field
The undersigned concludes by offering to his Excel
ency the Envoy Extraordinary and Plenipoentary Mr.
Clay his esteem and respect and has the honor to sub
scribe himself his obsdient, humble servant
JOSE G. PAZ S0LDAN.
Medical Gleanlngs.
n N,~ Of Ctcto g.