LEGATION OF THE UNITED STATES,

Petropolis, October 31, 1902.

y Nos. 441 and 444 of the 14th and 19th of lating to the ministerial decree which, in order erce, imposes transit duties, I have the honor nments of France and Germany have instructed est against this proceeding on Brazil's part. so under telegraphic instructions, has called on uire whether I had been directed to notify the ispleasure on our part at this Government's The French minister informs me that the minhas reasserted to him with emphasis, both verte, his belief in the right of Brazil to impose leagues, however, agree with me in the belief , an experienced diplomat who will become. irs on November 15, will not sustain his predattitude with regard to the commercial rights ations. It is our separate conviction that long the rubber shipments begin, the new Governe solved the pending difficulties with regard to zon River. Nevertheless, as I may be in error the matter of sufficient importance to lay the ment as they present themselves to me, so that horoughly informed regarding every phase of t the Department understandingly may be pre-n in the premises as it may deem proper.

CHARLES PAGE BRYAN.

Mr. Bryan to Mr. Hay.

LEGATION OF THE UNITED STATES, Petropolis, November 7, 1902. ubject of my No. 464, of October 31, I have the e French minister informs me that the legal office at Paris, in a lengthy opinion, has susrding the illegality of the imposition of duties it by the Amazon.

CHARLES PAGE BRYAN.

SIR: The Department has given consid 441, 444, 464, and 466, of the respective da October 31, and November 7, 1902.

No. 441 transmits a copy of an official or by which he attempts to close the free m subjecting all goods in transit to Brazilian

No. 444 reports a correction of the ord only to goods going to and coming from I No. 464 reports the protests of the Fr against the order.

No. 466 reports the French Governmen protest.

The Department notes by Mr. Bryan's mon belief of the diplomatic corps that th by Baron Rio Branco upon his assumption foreign affairs. It is hoped that by the t you this expected action will have been ta proper and temperate remonstrance aga persisted in, could not fail to injure Unite Amazon region.

ral forms. There would be no sort of security if a condiso solemn an act as the constitution could, by a simple ily be modified to the detriment of the foreigners. That e which the governments charged with the protection of d not accept. L. RENAULT.

[Inclosure 2.]

e London foreign office by the Bolivian minister at that

ion by Brazil of free transit to Bolivia through the Amazon.

e 6, declares that "the communication between the two ntier shall be free and the transit by it exempt from all ies." Article 28: "All the conditions of this treaty which ll be in force for the term of six years, after which they il one of the contracting parties shall notify the other of them and they will cease to exist twelve months after the Article 29: "The contracting parties undertake to negoof the fixed term of six years a new treaty with the alteraexperience and the interests of both countries may render enounced by Brazil on the 6th of September, 1884, and if t on the part of Brazil to suspend the free transit of merwaterways, a right which Bolivia had exercised ab initio, at the expiration of the agreed term, i. e., on the 6th of s not done, and the transit of Bolivian exports down the mercial route through Brazil from Bolivia existing at that

d a new treaty was concluded on the 31st of July, 1896, n Government on the 15th of August of the same year, ent kept it in suspense.

nally withdrawn from Congress by the Brazilian Govern

, the Brazilian minister of foreign affairs, under pretext eclared that "in future no free transit along the Amazon ice coming from its affluents." Soon after he explained 1 only to Bolivian traffic. At the same time he declared ocol of October 30, 1899, remained without effect." This As long as there is no Brazilian consul at Puerto Alonso aos and Belem shall accept as valid, from the 15th of is notes and other documents issued by the administrator rto Alonso, provided they are accompanied by a certificate p which receives the cargo."

ster, in a recent explanation given to the Bolivian minister the Federal Government, in anticipation of a favorable the treaty of 1896, had consented on the 23d of October, p toward Bolivia, to the recognition of the custom-house nerce of that region receiving the provisional enjoyment ould be granted in a permanent and definite form when pproved and come into operation."

itenable because the protocol of October 13, 1899, says: d commission shall have completed the definite demarcashall be adopted as provisional boundary a line which, a at latitude 10° 20′, runs to latitude 70° 11′ 48′′, fixed by o da Cunha Gomes at the point of the source of the river 'The Bolivian custom-house of Acre shall continue estabtil by the demarcation of the frontier in its neighborhood

the statement that it is in Bolivian territory has bee ernment undertaking in the contrary case to remove

Therefore the establishment of the custom-house sented to by Brazil in anticipation of the approval of ister propounds, but as a natural consequence of the the river Acre, Bolivia having the right to fix her c within her frontier.

Brazil pretends that because the treaty of 1896 has the Federal custom-house of Manaos has the right of imported to Bolivia (which is being done), and that the right of collecting duty on the rubber exported 1 its own territory.

But the treaty of 1896 did not create any rights, be its withdrawal does not in any way change the situati two countries were fixed by the treaty of 1867, and th lished by it have continued to exist without interrupti a treaty can not be altered capriciously, nor can two n out some kind of understanding in their commercial r is signed the normal relations established by the previ only rights which Bolivia could not claim were those exercise, such as the navigation of the Brazilian river

The position created becomes still more delicate wh parties. Under the conditions of existing treaties for selves in Bolivian territory, and during the last forty y the Amazon. English companies were formed, such English and other merchants advanced considerable s of that territory.

Without any warning, at a moment's notice, Brazil itory duty on all merchandise going to Bolivia and 2: ber exported, besides 15 per cent charged by Bolivia, all the trade of that region. It is to be remembere Madera was not subject to the same conditions as tha there was never any dispute about boundaries, and fr but now the State of Matto Grosso, seeing that Amazon rubber coming from Acre, claims a similar right on all ian province of Beni.

This conduct of Brazil, being simply an abuse of he mouth of the great waterways of the Amazon, and nations, does not only affect the revenue and prosperit injuriously all foreign settlers and people interested in the world. Bolivia is unable to protect them on a geographical position, and they have applied to the f many, and France for protection. Their claim seems prompt attention before they are ruined by the wanto

[Inclosure 3.]

Mr. Seeger to the Brazilian minister for

LEGATION

MR. MINISTER: Pursuant to instructions from my Go submit to your excellency's kind consideration the fol Your excellency knows that important commercia United States of America and that portion of the Re outlet is the Amazon River.

Through the decree of the honorable minister of faze issued without a moment's warning and imposing pr merchandise to and from Bolivia by way of the Amazo to the material interests of my country.

The Government of the United States of America has tion of the Amazon through Brazil as being free to all n regarded the above-mentioned ministerial decree as on its nature. For this reason it has refrained, until now, lency the deep grievances of our merchants doing busi

dship that bind us to your glorious country give us reason ateful to your excellency if you would enable me to transartment of State before my leave of absence takes effect,

EUGENE SEEGER,

Consul-General, in Charge of Legation.

Mr. Hay to Mr. Seeger.

DEPARTMENT OF STATE, Washington, February 17, 1903.

t has received your unnumbered dispatch of to the obstruction to commerce on the Amazon of the Brazilian Government, with which you ote to the Brazilian minister for foreign affairs, y to American commerce; copy of an opinion on by Mr. Louis Renault, legal adviser of the min

etc.

es Mr. Renault's opinion that the Brazilian Govwn constitution, established free navigation on could seem to be foundation for this opinion in Brazilian Federal constitution of 1890, articles 6, ly in the first section of article 10, which reads

n to the States as well as to the Union

he products of the other States, or of foreign countries, in y of any State, or from one State to another, as also on the or water, by which they are transported.

cent report of the signing of the agreement ents of Brazil and Bolivia and the removal of esent discussion of this point is of merely aca

JOHN HAY.

Mr. Seeger to Mr. Hay.

LEGATION OF THE UNITED STATES,

Petropolis, February 22, 1903.

nor to refer to my unnumbered dispatch of ansmit herewith a copy and translation of the ebruary 20, abolishing the transit duties recently st Bolivian commerce on the Amazon.

oes away with the very obnoxious and unjustifinot satisfy the Bolivian Government. I was inilla, the Bolivian minister here, that he intends gainst the phraseology of the document, esperd "tolerance." His contention is that as the