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Done in the city of Washington, this 23rd day of January, in the year 1909.
(L.S.) JOAQUIM NABUCO. (L.S.) ELIHU ROOT
TREATY between Brazil and Uruguay modifying their Frontiers on Lake Merim and the River Yaguarón, and establishing general principles of Trade and Navigation in those Regions-Signed at Rio de Janeiro, October 30, 1909.
[Ratifications exchanged at Rio de Janeiro, May 17, 1910.]
THE Oriental Republic of the Uruguay and the Republic of the United States of Brazil, being desirous of strengthening their ancient friendship and of promoting the development of the commercial and good neighbourly relations between the two peoples, have resolved, on the initiative of the Brazilian Government, to revise and modify the stipulations relative to the frontier lines on Lake Merim and the River Yaguarón and also, as was proposed by the Uruguayan Government in December 1851, those relative to the navigation of the said lake and river, which stipulations are contained in the Boundary Treaty of the 12th October, 1851,* in that of the 15th May, 1852,† and in the Agreement of the 22nd April, 1853, the first at Rio de Janeiro, and the other two at Montevideo; and having appointed as Plenipotentiaries for this purpose, that is to say:
The President of the Oriental Republic of the Uruguay: Señor Don Rufino T. Dominguez, Envoy Extraordinary and Minister Plenipotentiary to Brazil; and
The President of the United States of Brazil: Senhor Dr. Dom José Maria da Silva Paranhos do Rio Branco, his Minister of State in the Department of Foreign Affairs;
Who, having exchanged their full powers, which were found to be in good and due form, have agreed upon the following Articles :
ART. I. The Republic of the United States of Brazil cedes to the Oriental Republic of the Uruguay:
1. From the mouth of the stream San Miguel to that of the River Yaguarón, that part of Lake Merím comprised between its western shore and the new frontier which shall traverse longitudinally the waters of the lake according to the terms of Article III of the present Treaty.
Vol. XL, page 1151.
+ Vol. XLII, page 1265.
2. On the River Yaguarón, that part of the fluvial territory comprised between the right or southern bank and the dividing line described later in Article IV.
II. The cession of the rights of sovereignty of Brazil, originally acquired by her in 1801, and maintained since that date. over the waters and the navigation of Lake Merím, and the River Yaguarón, and afterwards established and solemnly confirmed in the Agreements of 1851, 1852, and 1853, is made under the following conditions which the Oriental Republic of the Uruguay accepts:
1. Unless by subsequent agreement, only Brazilian and Uruguayan vessels shall navigate and trade in the waters of the River Yaguarón and Lake Merím as laid down in other and subsequent Articles.
2. The Oriental Republic of the Uruguay shall, in accordance with the principles of civil law, maintain and respect the rights* in rem acquired by Brazilians or foreigners in the islands and islets which under the new frontier line cease to belong to Brazil.
3. Neither of the High Contracting Parties shall establish fortifications or batteries on the shores of the lake, of the River Yaguarón or on any of the islands which may belong to them in those waters.
III. Starting at the mouth of the stream San Miguel, where the Fourth Large Mark is situated, placed there by the Mixed Demarcation Commission of 1853, the new frontier shall traverse longitudinally Lake Merím, as far as the Punta de Rabotieso, on the Uruguayan shore, by means of a broken line, defined by as many straight lines as may be necessary to maintain the average distance between the principal points of the two shores, or, if the depth be insufficient, by as many straight lines as may be necessary to keep it in the principal channel of the said lake.
From the above-mentioned Punta de Rabotieso, the dividing line shall be diverted in a north-westerly direction in such manner as may be necessary for its passage between the islands named Tacuarí, leaving on the Brazilian side the most easterly island and the two islets adjoining it; and from thence it shall be extended, in the region of Punta Parobé, also situated on the Uruguayan shore, to the deepest channel, continuing by that channel until it reaches a point opposite Punta Muniz, on the Uruguayan shore, and Punta de los Latinos, or de Fanfa, on the Brazilian shore.
From that point passing between the Punta Muniz anl the Brazilian island Juncal, it shall be extended to the mouth of the Yaguarón, in which are situated the Fi.th: Large Mark of 1853, on the left or Brazilian shore, and t..e Sixth Intermediate Mark, on the right or Uruguayan shore.
*The Spanish term “derechos reales" implies more than "rights of property."-(Translator's note.)
IV. From the mouth of the Yaguarón the frontier shall follow the thalweg of that river to the confluence of the stream Lagooens on the left bank.
From that point up stream the dividing line shall run at mid-distance from the banks of the Yaguarón, then at middistance from those of the Yaguarón, Chico, or Guaviyú, at the confluence of which is the Sixth Large Mark of 1853, and finally it shall ascend the bed of the stream of the Mina indicated by the Seventh and Eighth Intermediate Marks.
V. A Mixed Commission nominated by the two Governments, within the space of one year counting from the date of the exchange of ratifications of the present Treaty, shall draw up a plan of that part of Lake Merim which extends southwards from Punta del Juncal, and also of the River Yaguarón from its mouth to the stream Lagooens, taking the necessary soundings and effecting the topographical and geodesical operations indispensable for the tracing of the new frontier and marking it in the lake by means of buoys in whatever way may be most convenient.
VI. The navigation of Lake Merim and the River Yaguarón is free for the mercantile ships of both nations, and the Uruguayans shall also be allowed to pass freely between the ocean and Lake Merim by the Brazilian waters of the River San Gonzalo, of the Lake de los Patos, and of Barra de Rio Grande de San Pedro, Brazilian and Uruguayan vessels remaining, subject, in the jurisdictional waters of each of the two republics, to the fiscal and police regulations which they have established or may hereafter establish, and Uruguayan vessels in transit being subjected to the same dues as Brazilian.
The mercantile vessels employed in this navigation shall only communicate with the shore of the other country, except under force majeure or by special licence, at the places where there are custom-houses or fiscal and police offices.
VII. It is understood and declared that in the term freedom of navigation for purposes of trade between the two countries the transport of merchandise from one port to another in the same country, or coasting trade, is not included, which trade will continue to be subject to the laws of the respective States.
VIII. Within the space of six months, counting from the exchange of ratifications of the present Treaty, each of the High Contracting Parties shall state to the other which port or ports it assigns or proposes to assign to the trade of the River Yaguarón and Lake Merim; and in the event of its being decided subsequently to assign other or others, six months' notice shall be given to the other party in order that the proper measures may be taken to prevent contraband.
IX. Uruguayan warships shall be allowed to pass freely in Brazilian waters between the ocean and Lake Merim and, in the same way as Brazilian warships, to navigate the River Yaguarón and the said lake, or to be stationed in their waters.
Except in extraordinary circumstances, to which previous notice shall be given by the one or the other, the two High Contracting Parties undertake not to maintain in Lake Merim or its affluents more than three small vessels of war or vessels armed for war, and the size, armament, and equipment of the said vessels shall form the subject of special arrangement.
X. With the object of facilitating navigation on Lake Merim, the two riverain States undertake to maintain there the necessary buoys and marks in their respective spheres.
XI. The High Contracting Parties shall conclude with the least possible delay a Treaty of Commerce and Navigation based on the most liberal principles, with a view to protecting in the most efficacious manner lawful trade by the river and land frontiers.
The above-mentioned fiscal and police regulations shall be as favourable as possible to navigation and commerce and as far as practicable shall be uniform in the two countries.
XII. The present Treaty, with the necessary authority of the legislative powers of both republics, shall be ratified by the two Governments, and the ratifications shall be exchanged at Montevideo or Rio de Janeiro as soon as possible.
In faith whereof we, the above-named Plenipotentiaries, have signed the present Treaty in duplicate, of which one copy is in Spanish and the other in Portuguese, and have affixed to both our seals.
Done in the city of Rio de Janeiro, the 30th day of October, in the year 1909.
(L.S.) RUFINO T. DOMÍNGUEZ. (L.S.) RIO BRANCO.
CONVENTION between Costa Rica and Mexico for the establishment of an Exchange of Parcels by Post without Declaration of Value.-Signed at Mexico City, June 21, 1909, and at San José de Costa Rica, August 11, 1909.
CONVENTION concluded between the General Administration of Posts of the United States of Mexico, with the sanction of the Ministry of Communications and Public Works, and the General Administration of Posts of the Republic of Costa Rica, for the establishment of an exchange of Parcel Post, without declaration of value, between Mexico and Cost Rica.
Object of the Convention.
ART. I. The stipulations of this Convention relate solely to postal packages transmitted in conformity with the system
therein laid down, and consequently all the stipulations contained in the present Convention shall apply exclusively to parcel post mails exchanged in accordance with the provisions of these
Admissible Articles. Dimensions. Packing. Prohibited Articles.
II.1. In the mails exchanged in conformity with this Convention, merchandise and articles of whatsoever nature will be admitted, which, in accordance with the prevailing regulations, are admitted in the internal mail service of the country of origin, with the exception of letters, postcards, and all written documents, and the objects enumerated in paragraph 4 of this Article, provided that no parcel exceed 5 kilog. in weight.
2. The dimensions of postal packages must not exceed 60 centim., measured in any direction, with the exception of parcels containing umbrellas, walking-sticks, and cloth and plans in rolls, which may measure up to 106 centim. in length, provided that no inconvenience or difficulties be thereby entailed on the transport service.
3. In order to be admitted into the mails, every parcel must(i.) Bear the full address of the receiver.
(ii.) Be packed in such manner as to efficiently protect its contents during transport. The packing must be so effected as to render impossible an examination of the contents of a parcel without showing traces of its having been tampered with; but this shall not in any way prevent the examination of the contents of parcels being made by the Customs at the places and in the manner prescribed by the laws of either country.
(iii.) Be secured with the seal or special mark of the sender, in sealing wax, lead, or some other material.
4. It is prohibited to transmit in postal packages exchanged in conformity with this Convention
(i.) Unused postage stamps of the current issue.
(ii.) Banknotes, cheques, and documents to bearer.
(iii.) Jewels and precious stones.
(iv.) Coin of all descriptions.
(v.) Precious metals, with the exception of samples of minerals.
(vi.) Live animals, with the exception of bees, which must be packed in accordance with the Regulations of the Universal Postal Union.
(vii.) Dead animals, with the exception of such as have been perfectly desiccated.
(viii.) Fruit and vegetables liable to decomposition (ix.) Explosive or inflammable substances.
(x.) Tickets, advertisements, and circularlotteries.
(xi.) Objects of an obscene or immoral nature