Mr. Dawson to Mr. Hay.

No. 114.]

Sir: I herewith transmit a copy and translation of the text of the boundary treaty between this country and Bolivia, recently submitted to the Brazilian Congress for ratification and only published on January 9.

Opposition to ratification has largely ceased since the exact terms of the treaty have been made public, and the advantages accruing to Brazil demonstrated by Baron Rio Branco’s exposition.

A large majority in the Chamber of Deputies is assured for ratification and this is expected to be given within a few days. The treaty will then go to the Senate, where 38 of the 63 votes are, so I am verbally informed, pledged in favor of ratification. A simple majority is sufficient.

I have, etc.,

Thomas C. Dawson.

Treaty between Brazil and Bolivia.

The Republic of the United States of Brazil and the Republic of Bolivia, animated by the desire of consolidating forever their traditional friendship, of removing the causes for possible discord, and wishing at the same time to facilitate the development of their commercial and neighborly relations, have agreed to celebrate a treaty for exchange of territories and other compensations in conformity with the stipulations of art. 5 of the treaty of friendship, boundaries, navigation, and commerce of March 27, 1867.

And for this purpose have named plenipotentaries, to wit:

The President of the Republic of the United States of Brazil: Messrs. José Maria da Silva Paranhos do Rio Branco, minister of foreign affairs, and Joaquim Francisco de Assis Brazil, envoy extraordinary and minister plenipotentiary in the United States of America; and

The President of the Republic of Bolivia: Messrs. Fernando E. Guachalla, envoy extraordinary and minister plenipotentiary on special mission to Brazil and Senator of the Republic, and Claudio Pinilla, envoy extraordinary and minister plenipotentiary in Brazil, nominated minister of foreign affairs of Bolivia;

Who, after an exchange of their full powers, which were found to be in good and due form, have agreed on the following articles:

Article I.

The boundary between the Republic of the United States of Brazil and the Republic of Bolivia shall be established as follows:

Starting from lat. 20° 08′ 35″ south, opposite the outlet of Bahia Negra into the Paraguay River, it shall ascend this river to a point on the right bank at a distance of 9 kilometers, measured in a straight line, from the port at Coimbra; that is, approximately at lat. 19° 58′ 05″ and long. 14° 39′ 14″ west of the observatory at Rio de Janeiro (57° 47′ 40″ west of Greenwich), in accordance with the map of the boundary drawn by the mixed boundary commission of 1875 and it shall continue from this point on the right bank of the Paraguay by a geodesic line which shall extend to another point four kilometers distant, in the true direction of 27° 01′ 22″, northeast, from the so-called “boundary monuments at [Page 105]the end of Bahia Negra,” the distance of four kilometers being rigorously measured along the present boundary, so that this point shall be, more or less, at lat. 19° 45′ 36.6″ and long. 14° 55′ 46.7″ west of Rio de Janeiro (58° 04′ 12.7″ west of Greenwich). From there it shall extend, in the direction marked out by the mixed commission of 1875, to lat. 19° 02′, and thence eastward along this parallel to Arroio de Conceição, following this to its mouth on the southern bank of the outlet of Lake Caceres, also called Tamengos River. It shall ascend the river to the meridian cutting Tamarindeiro Point, and thence northward along the meridian of Tamarindeiro to lat. 18° 54′, continuing along this parallel to the west until it meets the present boundary.
From the point of intersection of parallel 18° 54′ with the straight line forming the present boundary it shall extend, in the same direction as to-day, to lat. 18° 14′, and eastward along this parallel to where it meets the outlet of Lake Mandioré, along which it shall ascend, crossing the lake in a straight line to a point on the former boundary line equidistant from the two existing boundary monuments, and thence along this former line to the boundary monument of the northern shore.
From the northern monument in Lake Mandioré it shall continue in a straight line, in the same direction as to-day, to lat. 17° 49′, and along this parallel to the meridian of the extreme southeast of Lake Gahiba. It shall follow along that meridian to the lake, and shall cross the latter in a straight line to a point equidistant from the two existing boundary monuments on the old boundary line, and thence along this former or present boundary to the entrance of the Pedro Segundo Canal, also known recently as Pando River.
From the southern entrance of the Pedro Segundo Canal, or River Pando, to the confluence of the Beni and Mamoré, the boundary shall be the same as that determined upon in art. 2 of the treaty of March 27, 1867.
From the confluence of the Beni and Mamoré the boundary shall follow down the Madeira to the mouth of the Abunan, an affluent entering on the left, and shall ascend by the Abunan to lat. 10° 20′. From there it shall extend along parallel 10° 20′ eastward to the Rapirran, and shall ascend the latter to its principal source.
From the principal source of the Rapirran it shall extend along the parallel of latitude of the source until it encounters to the west the Inquiry River, ascending along the latter to its origin; whence it shall extend to the “Igarapé Bahia,” by the most prominent landmarks or by a straight line, as it shall seem best to the commissioners of the two countries appointed to mark the boundary.
From the source of the “Igarapé Bahia” it shall continue down the latter to its confluence on the right bank with the Acre or Aquiry River, which it shall ascend to its source, if the latter is not in longitude farther west than 69° west of Greenwich.
In the case mentioned, that is, if the source of the Acre is in longitude not so far west as that indicated, the boundary shall follow along the meridian of the source to parallel 11°, and thence westward along this parallel to the boundary with Peru.
If the Acre River, as seems certain, crosses longitude 69° west of Greenwich and extends either to the north or south of said parallel 11°, following the latter more or less, the channel of the river shall form the dividing line to its source, along the meridian of which it shall continue to parallel 11°, and thence westward along the same parallel to the boundary with Peru; but if to the west of said longitude 69° the Acre flows entirely south of parallel 11°, the boundary shall extend from that river along longitude 69° to the point of intersection with the said parallel 11°, and thence along it to the boundary with Peru.

Article II.

The transference of territories resulting from the delimitation described in the preceding article includes all the rights inherent in them and the responsibility flowing from the obligation to maintain and respect the legal rights acquired by citizens and foreigners, according to the principles of the civil law.

The claims arising from administrative acts and events that have taken place in the territories exchanged shall be examined and judged by an arbitration tribunal composed of one representative of Brazil, another of Bolivia, and of one foreign minister accredited to the Brazilian Government. This third arbiter, president of the court, shall be chosen by the two high contracting parties immediately upon the exchange of ratifications of the present treaty. The [Page 106]court shall perform its functions during one year in Rio de Janeiro, and shall commence its labors within the period of six months, counted from the day of the exchange of ratifications. Its mission shall be: 1, to accept or reject the claims; 2, to fix the amount of the indemnities; 3, to designate which of the two Governments is to pay them.

The payments may be made in bonds issued for the purpose, at par, to draw interest at 3 per cent and sinking-fund charges of 3 per cent.

Article III.

Because of the fact that the areas exchanged by the two nations are not equal in extent, the United States of Brazil shall pay an indemnity of £2,000,000 (two million pounds sterling), which the Republic of Bolivia accepts with the design of applying it principally on the construction of railroads or other works tending to improve communications and develop commerce between the two countries.

The payment shall be made in two parts of £1,000,000 each, the first within the period of three months, counted from the exchange of ratifications of the present treaty, and the second on March 31, 1905.

Article IV.

A mixed commission named by the two Governments within the period of one year, counted from the exchange of ratifications, shall proceed to the demarkation of the boundary described in Art. I, commencing its labors within the six months following its nomination.

Any disagreement between the Brazilian and Bolivian commission which the two Governments may not succeed in settling shall be submitted to the arbitral decision of a member of the Royal Geographical Society of London, chosen by the president and members of the council of the same.

If the commissioners appointed by either of the high contracting parties to delineate the boundary fail to present themselves at the place and on the date agreed upon for the commencement of their labors, the commissioners of the other shall proceed of themselves to the marking, and the result, of their operations shall be binding on both.

Article V.

The two high contracting parties shall conclude within the period of eight months a treaty of commerce and navigation based on the principle of the fullest liberty of land and river navigation for each of the nations; a right they shall both recognize in their dealings with each other perpetually, respecting fiscal and police regulations now established or that may in the future be established in their own territory. These regulations must be as favorable as possible to navigation and commerce, and they shall be made as uniform in the two countries as possible. It is, however, understood and declared that in this navigation is not included that from port to port of the same country, or internal river navigation, which shall continue in both countries subject to their respective laws.

Article VI.

In conformity with the stipulations of the preceding article and for the shipment in transit of articles of importation and exportation, Bolivia may maintain customs agents in the Brazilian custom-houses of Belém do Para, Manáos, and Corumbá, and in the other customs ports which Brazil may establish on the Madeira, and on the Mamoré, or at other points on the common boundary. Reciprocally, Brazil may maintain customs agents in the Boivian custom-house at Villa Bella or in any other customs post Bolivia may establish on the common border.

Article VII.

The United States of Brazil obligate themselves to construct in Brazilian territory, themselves, or by means of private enterprise, a railroad from the port of Santo Antonio, on the river Madeira, to Guajará-Mirim, on the Mamoré with a branch, which, passing through Villa Murtinho or other near-by point (State of Matto-Grosso), shall extend to Villa Bella (Bolivia) at the confluence of the Beni and Mamoré. This railroad, which Brazil shall endeavor to conclude within the period of four years, both countries shall make use of, with the right to the same rates and privileges.

[Page 107]

Article VIII.

The Republic of the United States of Brazil declares that it will canvass directly with the Republic of Peru the question of boundaries of the territory comprised between the source of the Javary and parallel 11°, attempting to arrive at an amicable settlement of the dispute, without responsibility for Bolivia in any case.

Article IX.

The disagreements which may arise between the two Governments with regard to the interpretation and execution of the present treaty shall be submitted to arbitration.

Article X.

This treaty, after approval by the legislative power of each of the two Republics, shall be ratified by the respective Governments and the ratifications exchanged in the city of Rio de Janeiro within the briefest period possible.

In faith whereof we, the plenipotentiaries above named, signed this treaty in two copies, one in the Portuguese and one in the Spanish language, affixing thereto our seals.

[l. s.]
[l. s.]
J. F. de Assis Brazil
[l. s.]
Fernando E. Guachalla.

[l. s.]
Claudio Pinilla.