Mr. Thompson to Mr. Flay.

No. 204.]

Sir: I inclose herewith copy of the provisional accord between Brazil and Peru, formulated as a means of settling in a friendly manner the boundary dispute between the two countries, and of a convention of arbitration entered into at the same time for the purpose of settling equitably and finally the claims of their respective citizens for losses and damages sustained by them in the regions of the upper Juruá and the upper Purús, together with translation of the same.

I have, etc.,

D. E. Thompson.
[Inclosure 1.—Translation.]

Protocol of a provisional agreement, concluded in Rio de Janeiro July 12th 1904, between the Governments of Brazil and Peru.

There met in conference on the 12th of July, 1904, in the Palace of Itamaraty, Rio de Janeiro, the minister of foreign affairs, Dr. José Maria da Silva Paranhos do Rio-Branco, and the minister plenipotentiary of the Republic of Peru, Dr. Don Hernán Velarde, duly authorized to conclude an agreement which would prevent any possible conflict between the Brazilians and the Peruvians in the regions of the alto Juruá and the alto Purús, and would permit the two Governments of Brazil and Peru to enter amicably into negotiations of an honorable and [Page 110]definite agreement on the question of limits between the two countries, and they agreed on the following articles:

The diplomatic discussion for a direct accord on fixing the limits between Brazil and Peru from the source of the Javary to the line of 11° south latitude will commence on the 1st of August, and shall close on the 31st of December of this year, 1904.
The two governments, desirous of maintaining and tightening more and more their friendly relations as neighbors, declare now their sincere purpose to resort to some other means of solving in a friendly way the international litigations, that is to say, to the good offices or to the mediation of some friendly government or the decision of an arbiter, if within the indicated period of time or within future limitations of time agreed upon they do not reach a direct satisfactory agreement.
During the discussion the following territories in litigation shall be neutral:
That of the basin of the Alto Juruá from the headwaters of that river, and from its higher affluents, down to the mouth and left margin of the River Breu, and from there to the west along the parallel of the confluents of the same Breu to the western limit of the basin of the Juruá;
That of the basin of the alto Purús from the parallel of 11° to the place denominated Catay, inclusive.
The policing of the two neutral territories shall be done by a mixed commission formed of one Brazilian commission and one Peruvian commission. Each commission shall be composed of a commissary of the rank of major or captain, of a commissary substitute of the rank of captain or lieutenant, and an escort of fifty men, and as many small boats as are necessary.
To the left margin of the confluence of the Breu or at any other point above on the Juruá, as well as in Catay, or in some other near point on the Purús, there shall be established mixed police stations which shall furnish documents in order that the export duties of the products of the two temporarily neutralized regions may be collected in the Brazilian customs house, either of Manaos or of Pará, and shall receive the certificates of the payments of import duties which, in either of the two above-cited Brazilian customs houses of Manaos or Para, or in the Peruvian customs house of Iquitos, may have been affected in despatching goods to their destination in the said temporarily neutralized territories. The export and import duties shall be the same as those which the Brazilian Federal Government now collects at its fiscal stations, and the half of the same shall fall to each one of the two countries.
The crimes committed by the Brazilians in the two neutral territories shall be tried by Brazilian judges, and those committed by Peruvians by Peruvian judges. Individuals of other nationalities who commit crimes against Brazilians shall be tried by the judges of Brazil, and against Peruvians by the judges of Peru. As to those of other nationalities accused of crimes against individuals who are neither Brazilians or Peruvians, either Brazilian or Peruvian jurisdiction shall be competent to judge them, according to the common agreement of the commissaries of the two republics, after an examination of the case.
Doubts or divergencies which may arise between the commissaries shall be made known to the two governments in order that they may solve them.
The expenses of the respective personnel and material, including those of the escort, shall be charged to the two governments.
Besides the two mixed commissions of administration, each government shall nominate a special commissary for the alto Purús and another for the alto Jurua, with the helpers and escorts that may be necessary, forming thus two other mixed commissions, which shall be charged with making a rapid reconnoissance of the two rivers in neutral territories.
The personnel of the commissions treated of in the foregoing articles shall be designated within thirty days from the date of the present agreement and should reach the indicated regions with the greatest possible brevity.
Both governments, by common agreement, shall formulate the instructions by which the mixed commissions shall govern themselves.
The two governments of Brazil and Peru declare that the clauses of this provisional agreement do not in anywise affect the territorial rights which each of them defends. In the faith of which two copies of this agreement were written, each one of them written in the Portuguese and Spanish language, in the place and date above declared.

[l. s.]

[l. s.]
Hernán Velarde.
[Page 111]
[Inclosure 2.]

Convention of arbitration between Brazil and Peru for the solution of complaints of their citizens, concluded in Rio de Janeiro on the 12th of July, 1904.

The Government of the Republic of the United States of Brazil and the Government of the Republic of Peru desiring in the interests of the good relations of friendship between the two countries that, owing to facts which took place in the alto Juruá and in the alto Purús, the complaints of their citizens be examined and resolved promptly and equitably, gave for this purpose the necessary instructions to their plenipotentiaries, viz:

  • The President of the Republic of the United States of Brazil to Mr. José Maria da Silva Paranhos do Rio-Branco, minister of foreign affairs; and
  • The President of the Republic of Peru to Dr. Don Hernán Velarde, envoy extraordinary and minister plenipotentiary of the same Republic in Brazil;

Who, properly authorized, agree to the following:

Article I.

The complaints of Brazilian and Peruvian citizens for damages or violences which they may have suffered or pretend to have suffered in the alto Juruá and in the alto Purús since 1902 shall be deferred to the judgment of a tribunal of arbitration, which shall sit in the city of Rio de Janeiro and shall begin its functions six months after the exchange of the ratifications of this compact.

Article II.

There will be formed a tribunal of two arbiters, one a Brazilian, the other a Peruvian, nominated by the same respective governments one month after the exchange of the ratifications of this convention, and a subarbiter, chosen at the same time by the two governments from among the chiefs of the diplomatic corps accredited to Brazil.

Article III.

Within the space of a year, counting from the first meeting, or within six months, if possible, the tribunal should examine and resolve all claims, with the power to judge them according to law or “ex œquo et bono.

Only those claims will be examined and judged which are received within six months, counting from the beginning of their work.

Article IV.

The conclusions of the tribunal will be considered by the high contracting parties as decisive and satisfactory, perfect and irrevocable, obliging also the claimants beforehand to accept them as definite.

Article V.

The payment of indemnities resolved will be made by one government to the other within the term of a year, counting from the date of the closing of the session of the tribunal, and without interest or any deduction.

Article VI.

Each of the two Governments will pay the salary of its arbiter and the helpers of same, as well as half of the salary of the subarbiter, which will be fixed opportunely.

Article VII.

The ratifications of this compact will be exchanged in Rio de Janeiro within the space of four months, or sooner if possible.

In faith of which, we, the plenipotentiaries above mentioned, sign the same on two copies, each one in the Portuguese and Spanish language, putting upon them our respective seals.

[l. s.]

[l. s.]
Hernán Velarde.