362 



RESUME. 



Shoulders by a useless exclusiveness ; and she therefore issued a decree 

 on the 27th of January, 1853, declaring several ports on each and all 

 of her rivers which communicate with the Atlantic, whether by the La 

 Plata or the Amazon, free and open to the commerce of the world. 



This was a very important document; it put the Northern republics on 

 their guard, and excited a spirit of emulation in their governments. I 

 have heard nothing of the result of Lisboa's mission ; but I know that 

 some of the most distinguished citizens of those republics have declared 

 themselves favorable to the project of opening their rivers and ports to 

 foreign trade, and are disposed to urge their respective governments, if 

 necessary, to demand of Brazil the right of way to the ocean. 



Independently of the action of the Spanish American republics con- 

 cerning the free navigation of their tributaries of the Amazon, we have 

 a special treaty with Peru, negotiated by J. Randolph Clay, our present 

 minister, in July, 1851, which entitles us, under the present circum- 

 stances, to the navigation of the Peruvian Amazon. The second article 

 of that treaty declares that, " The two high-contracting parties hereby 

 bind and engage themselves not to grant any favor, privilege, or immu- 

 nity whatever, in matters of commerce and navigation, to other nations, 

 which shall not be also immediately extended to the citizens of the 

 other contracting party, who shall enjoy the same gratuitously, or on 

 giving a compensation as nearly as possible of proportionate value and 

 effect, to be adjusted by mutual agreement, if the concession shall have 

 been conditional." 



The concession to Brazil is conditional, but we shall find no difficulty 

 in " giving a compensation as nearly as possible of proportionate value 

 and effect ;" that is a matter for Peru to decide, and there is little doubt 

 but that she will consider the presence of our people and our vessels in 

 her country, and. upon her streams, as being of proportionate value. 



It will be thus seen that our citizens have a legal right, by express 

 grant and decree, to trade upon the interior waters of Peru and Bolivia, 

 and it is presumed that Brazil will not attempt to dispute the now well- 

 settled doctrine, that no nation holding the mouth of a river has a right 

 to bar the way to market of a nation holding higher up, or to prevent 

 that nation's trade and intercourse with whom she will, by a great 

 highway common to both. 



But Brazil has effectually closed the Amazon by her De Souza con- 

 tract ; she gives him the exclusive privilege for thirty years, with a 

 bonus of $80,000 per annum, besides guaranteeing to him the $20,000 

 . of Peru. This of course defies competition, though I very much doubt 

 if the contract will endure ; the Brazilians are so little acquainted with 



