[Inclosure—Translation.]
Ministry for Foreign Affairs,
Rio de Janeiro, February 20, 1903.
I had the honor to receive the letter which Mr. Eugene Seeger,
consul-general in charge of the legation of the United States of
America, wrote me on January 20, in reference to the decision the
Federal Government took on August 8, 1902, of suspending on the
Amazon free transit to Bolivian import and export trade.
[Page 43]
It was in 1866 that the Brazilian Government opened the Amazon to the
merchant ships of all friendly nations; but of the affluents of that
river which have their source in Bolivian territory or pass through
it the only one to which it extended this liberty,-and in fact the
only one in Brazil which can serve Bolivian foreign commerce, was
the Madeira from its confluence to the port of Santo Antonio. The
Purus, and therefore its tributary, the Aquiry, or Acre, never were
open to international navigation. Brazil has always maintained that
when a river passes through the territory of two or more States the
freedom of navigation or of transit through the country of the main
river depends on a prior agreement thereto with the country of the
tributary river, an agreement which in its nature implies
reciprocity.
There has not been and there is not in force any treaty of commerce
and navigation between Brazil and Bolivia, and free transit by
Brazilian rivers for Bolivian foreign commerce was only a matter of
tolerance on the part of Brazil. But since the Bolivian Government
has thought to be able to transfer rights of a quasi-sovereign
nature to a syndicate of foreigners of different nationalities,
Americans and Europeans, a syndicate without international capacity,
and which, by the way it is constituted and by the means it
undertook to employ in Europe, clearly showed that it was conspiring
against the so-called Monroe doctrine, and inasmuch as the same
Government has besides this conferred upon that syndicate the power
of disposing at will of the navigation of the river Acre and its
affluents, Brazil concluded it was her duty to make reprisals, and
for that reason, in the absence of conventional law between the two
parties, suspended the tolerance which has existed for some
years.
The situation which obligated the adoption of that expedient has now
changed, and, therefore, since the Federal Government is desirous of
attending as promptly as possible to the interests of commerce, it
has by a decision of this date reestablished free transit on the
Amazon for merchandise between Bolivia and the foreign countries; it
has continued, however, to prohibit the importation to that country
of war material by Brazilian rivers.
In thus informing Mr. Seeger that the resolution has now been taken,
which I announced to him verbally was near, I thank him for the
terms in which he asked for it in the name of the American
Government, and the earnestness with which he referred to the strong
bonds of tried friendship which unite our two countries. It will
ever be the endeavor of Brazil to do her full share to strengthen
and stimulate on every occasion the time-honored relations of mutual
good will which bind her to her great and glorious sister of the
north, and for this reason I take particular pleasure in announcing
an act which will be agreeable to his Government.
I avail, etc.,
