Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 7265/–1.

Ambassador Dudley to the Secretary of State.

American Embassy,
Petropolis, June 3, 1907.

No. 24.]

Sir: I have the honor to furnish the department herewith two copies and a translation of the new Brazilian immigration law, promulgated by executive decree on the 19th ultimo.

In this connection I may mention that special effort is being made to induce the coming of Japanese labor. It is largely to this end that a subsidy is offered for the establishment of a regular line of ships between Rio de Janeiro and Japan. I am informed by Mr. Uchida, who to-day presents his credentials as Japanese minister to Brazil, that in the consummation of these proposals is to be found the principal aim of his mission. The new steamship line, according to this gentleman, will be in operation as soon as arrangements can be perfected, and will probably touch at the west coast ports of Ecuador, Peru, and Chile, and, passing through the Straits of Magellan, visit Buenos Aires, terminating the voyage at Rio de Janeiro. The purpose would be to bring to Brazil in these ships Japanese coolies, to engage, under properly safeguarded contracts, in rice growing, and, secondarily, in other productive work. The advent of the Japanese should prove a blessing to Brazilian agriculture and the great mass of consumers. The improved conditions in the country, where lack of labor is much more felt than in former days, when slavery existed, would apparently likewise inure to the advantage of all nations interested in Brazilian commerce.

I have, etc.,

Irving B. Dudley.

[Inclosure.—Translation.]

Decree No. 6455 of April 19, 1907, Approving Regulations for the Peopling of the Soil.

The President of the Republic of the United States of Brazil, in accordance with the authorization conferred in section B of No. XIII of article 35 of law No. 1617, of December 30, 1906, decrees:

Sole article. The appended regulations for the peopling of the soil, signed by the minister of industry, railways, and public works, are hereby approved.

Rio de Janeiro, April 19, 1907, nineteenth year of the Republic.

• Alfonso Augusto Moreira Penna.
• Miguel Calmon du Pin e Almeida.

Regulations for the Peopling of the Soil Referred to in Decree No. 6455 of this Date.

division i.

Chapter I. Preliminary dispositions.

• Article 1. The peopling of the soil will be promoted by the union in agreement with state governments, railway and river navigation companies, other companies or associations, and with private individuals, provided that the sureties and rules hereby guaranteed and laid down are duly observed.
• Art. 2. There shall be counted as immigrants: All foreigners of less than 60 years of age who are not suffering from contagious diseases nor plying illicit trades and who” are not criminals, rogues, beggars, vagabonds, lunatics, or invalids, who arrive at Brazilian ports, traveling third class at the cost of the union, States, or third parties, as well as those who (ceteris paribus) have paid their own passages and desire to enjoy the same privileges as other new arrivals.
• Persons over 60 years of age or unfitted for work will only be admitted when accompanied by their families or when coming to join them, provided that there is in the family at least one able-bodied member against the invalid and one or two against the member over 60 years of age.
• Art. 3. To immigrants who establish themselves in any part of the country and devote themselves to any branch of agriculture, industry, or trade, or to any useful craft or profession, the following guaranties will be granted: Complete liberty of action and freedom to engage in any trade, provided that the same does not endanger public safety, health, or morals; complete liberty of religious belief; and, finally, civic rights as enjoyed under the constitution and laws by Brazilians themselves.
• Art. 4. The union, without interfering with the liberty of similar action on the part of the States, will enter into an accord with them to direct and facilitate the placing of immigrants who desire to settle as owners of their own land and will protect and advise such spontaneous immigrants as need material aid for their first installment, whilst only in special cases will it bring in at its own expense such immigrants as desire only to work without acquiring the land on which they settle.

division ii. concerning colonization.

Chapter I. Preliminary dispositions.

• Art. 5. By a “nucleus colony,” for the operation of this decree, is understood a group of lots, duly measured and marked out, on land chosen as fertile and fitted for agriculture or cattle breeding, where the conditions are healthy and there is abundance of drinking water to supply all the needs of the population. The colonies shall also be of sufficient extent to admit of their development, whilst they shall have easy and convenient means of transport, shall be possessed of favorable economic factors, and shall be prepared for the settling of immigrants as holders of their own land.
• Art. 6. The foundation of nucleus colonies shall be undertaken:

  I. By the union with help from the States.

  II. By the States with or without the help of the union.

  III. By railway or river navigation companies, other companies or associations, or by private individuals, with or without the help of the union and the States.

• The union may interfere in the foundation of nucleus colonies by railway or river navigation companies, other companies, associations, or private individuals when the founders are not in the receipt of official aid and necessary rules and regulations have to be made or abuses remedied.

Chapter II. Concerning nucleus colonies founded by the union.

• Art. 7. The foundation of nucleus colonies under the direct administration of the union and with the aid of the interested State shall be effected in accordance with this decree, whilst the following rules must be observed:

  I. The union will choose the site and will undertake to form the nucleus.

  II. If the land is fallow, or is the property of the State, the Federal Government will enter into an accord with the state government for the cessation of the area required for the foundation of the nucleus.

  In this case the State will aid in the marking out, if necessary, according to its land laws, and will permit the following work of preparation: Preliminary surveys for the best division of the lots and for the establishment of lines of communication both internal and external; measuring and marking out of rural lots; sanitary works, when necessary; building of houses, roads, and paths; preparation of the areas set apart for the first cultivation in each rural lot; establishment of the headquarters of the nucleus, if convenient, together with the urban lots; and, finally, the settling of the immigrants.

  III. So soon as the lots have been measured and marked out in accordance with the foregoing clause, they will be definitely handed over to the union on the distinct understanding that they will be sold to immigrants or otherwise used, for the good of the nucleus.

  IV. Lands belonging to private individuals will be acquired by amicable arrangement, i. e., by purchase or agreement, or will be disappropriated by the State, whilst the union will undertake the work of preparation according to Clause II above.

  V. The State will provide the immigrants with tools and seeds free of charge for their assistance on first being installed, whilst the union may grant them these and other favors for the same purpose.

  VI. Should the State desire to establish at the headquarters of the nucleus farms for experiments and instruction, a suitable area will be reserved for this, purpose and pecuniary aid granted, as established by law, in accordance with plans and estimates previously approved.

• Art. 8. The State may give any assistance to the immigrants independent of that given by the union, and may offer prizes to promote healthy emulation.
• Art. 9. Provisional and definite titles to the lots will be indorsed by federal officials appointed for this purpose.
• Art. 10. The product of the sale of the lots will belong to the union, except in case of arrangement with private owners of land, who by contract will be obliged to allow the colony to be founded and the sale of lots at stipulated prices for the transfer of lands and improvements thereon.
• Art. 11. The collection of immigrant’s debts arising from the sale of lots and houses and from aid not granted free will be made by the union.
• Art. 12. The choice of localities for the nucleus colonies will be made in accordance with previous surveys and will be carefully fiscalised by the administration.
• Art. 13. Localities for the foundation of nucleus colonies will be chosen which are healthily situated and conform to the conditions laid down in article 5 as well as the following:

  I. Convenient altitude and soil fitted for all kinds of cultivation.

  II. A position on or near railways actually working or in course of construction, on rivers navigated by steamers, or close to populous centers where the holders of the lots will find a ready market for their produce.

  III. A constant and ample supply of running and drinking water which shall be adequate for the inhabitants and may be employed for agricultural and industrial purposes.

  IV. Topographical configuration and conditions which will permit of the use of agricultural machinery.

  V. Forests, on the spot or near, which, whilst improving the climatic conditions and productiveness of the district, will afford a sure and cheap supply of timber for building and other works on the colonies.

  VI. A large enough area to admit of the increase of the nucleus, so that direct descendants of the first immigrants settled on the land, members of their families or persons connected with them, living abroad, may be invited to come and form new households and hold lots in the same nucleus or in its vicinity.

• Art. 14. When the locality for the nucleus has been chosen a general plan and estimate of the probable cost of the work will be immediately drawn up, the ground will be divided into lots by exact measurement, the necessary works will be put in hand at once and any factors dangerous to public health removed, whilst plans will be made and executed for the systematic construction of roads and paths according to the regulations.
• Art. 15. When water courses are in the way, if convenient, the works can be commenced by goniometric survey of same, and stakes will be driven in with their tops level with the ground, each one marked with a copper plate showing exactly the direction indicated. At the side of the stakes, signposts will be placed duly numbered so that the subsequent demarcation of the lots may be clearly indicated.
• When the hydrographic plans have been drawn up, thereon will appear the distribution of lots according to the lay of the ground.
• Art. 16. If there are no water courses, and such surveys are unnecessary, the land will be divided into lots in accordance with local conditions.
• Art. 17. Lots will be duly numbered and the lines intersecting them will always, when convenient, run exactly north and south or east and west.
• Art. 18. If the position and importance of the nucleus demand the establishment of headquarters, which will later be a township, sufficient land will be reserved for this purpose favorably situated in the part of the district which is flattest and which, from a hygienic point of view, is most fitted for a populous center. On this site the ground will be prepared and the necessary buildings erected in accordance with plans duly drawn up.
• The headquarters will be the converging point for the principal roads of the nucleus.
• Art. 19. In each nucleus ground will be set aside for erection of schools and for experiments in the cultivation of vegetables which may be grown with advantage in the district for instruction farms, industrial purposes, etc.
• Art. 20. The lots will be classified as rural and urban.

  § 1. Rural lots will be devoted to agriculture and cattle breeding and will be of sufficient extent for the work of the colonists who own them.

  § 2. As a general rule, rural lots will not exceed 25 hectares when situated along or near a railway or river navigated by steamers, but otherwise they may be up to 50 hectares.

  § 3. Urban lots will be those situated at the headquarters and will ultimately form the township, and all their fronts will be on streets and squares.

  § 4. No urban lot may exceed 3,000 square meters unless set apart for some special purpose.

• Art. 21. As a general rule, a good and sanitary house will be built on each urban lot to be occupied by the immigrant and his family, whilst the ground will be prepared for the first cultivation to be made by the person who acquires it.

  § 1. Immigrants who desire to erect houses at their own expense and according to their own taste will have lots without houses reserved for them.

  § 2. Under the conditions of the preceding section the immigrant and his family who acquire the lot will be afforded temporary quarters until they have built the house, which must be within the space of one year.

• Art. 22. Rural lots will be sold either for cash or for payment in installments. In the former case a definite title will be handed over immediately and in the latter a provisional title which will be substituted by a definite one as soon as all payments have been made.

  § 1. Anyone purchasing a lot on the installment system may pay off the debt in full or in part before the due date at any time in order to shorten the period for receiving the definite title.

  § 2. Under the conditions of the preceding section the purchaser will enjoy the privileges of section 2, article 40.

• Art. 23. Urban lots will only be sold for cash.
• Art. 24. Lots will be sold at a moderate price, which shall be previously fixed according to their size and position.
• Art. 25. Where there is a house on the lot the cost price of the same will be added to the price of the lot.
• Art. 26. Rural lots may be sold on the installment system to immigrants accompanied by their families.
• Art. 27. Immigrants who are not accompanied by their families may only purchase rural lots for cash.
• Art. 28. The immigrant who is accompanied by his family may acquire a new lot after he has obtained a definite title to the first. When the family consists of more than five persons fit for work, or when the immigrant has cultivated and improved his first lot, he will be allowed the preference for the purchase, even on the installment system, of a second lot adjoining or close to the first.
• Art. 29. The foreign immigrant who is an agriculturist and has been less than two years in the country who marries a Brazilian woman or the daughter of a Brazilian born in the country, or the Brazilian agriculturist who marries a foreign woman who has been in the country as an immigrant less than two years, will be given a lot with a provisional title, without the pair having to pay anything, provided that during the first year from the granting of the provisional title they have lived together in harmony and have shown by the way that they have cultivated and improved the lot that they mean to continue to do so.
• Art. 30. If the foreign or Brazilian immigrant, under the conditions of the preceding article, desires to obtain a lot with a definite title immediately after his marriage, the same will be sold him for half the stipulated price.
• Art. 31. On the provisional title granted to the immigrant shall be written the full price of the lot and the main conditions to be observed for the obtaining of a definite title.
• Art. 32. When definite titles to the lots have been granted to immigrants who are not in debt to the nucleus, the same become their absolute property.
• Art. 33. When the occupant of the lot is in debt to the nucleus, he can not, without a written authorization from the administrator, sell, mortgage, transfer, let, give as security exchange, or alienate in any manner, directly or indirectly, the said lot, house, or improvements.
• Art. 34. Immigrants will be transported free of charge to the nucleus.
• Art. 35. Immigrants arriving for the first time at the nucleus will be given, free of charge, seeds and tools, such as hoes, spades, picks, axes, and scythes.
• Art. 36. During the first six months from the date of their arrival at the nucleus and until the harvest and sale of their produce, immigrants coming from abroad and settled as owners of lots shall, when necessary, be granted means for the maintenance of their families.
• Art. 37. For the space of one year, under the same conditions as in the foregoing article, all immigrants will receive medical attendance and medicines free of charge. This period may be prolonged at the discretion of the administrator of the nucleus.
• Art. 38. Stores or depots, where foodstuffs and other articles of prime necessity will be sold at moderate prices, will be established in the nucleus colonies to guarantee supplies for the population; the immigrants being absolutely free to buy these goods for their own account wherever they like.
• Art. 39. During the first year after their installment, or for a longer period if Government so decides, aid may be given, for such immigrants as desire it, for the purchase or hiring of agricultural implements and machinery, live stock and vehicles necessary for the cultivation of the lots, preparation and transport of the produce.
• Art. 40. The price of the lots, with or without house, when the same are purchased on the installment system, as well as any aid granted, except for work done or classed as gratuitous, shall be written in a book and handed to the debtor in the form of a current account, and shall constitute the debt of the immigrant for which the head of the family is responsible. He shall begin amortization by yearly installments not later than at the end of the second year after his establishment. After this date, if no payment has been made, interest will be charged at the rate of 3 per cent per annum on the installments due.

  § 1. When the nucleus is situated on or near railways, or rivers navigated by steamers, the period for amortization shall be five years, counting from the first day of the third year of the installment of the immigrant; in other cases, or when Government deems it advisable, the period will be eight years under the same conditions.

  § 2. The immigrant who pays his debts in advance will have a right to a rebate at the rate of 12 per cent per annum on installments that are outstanding.

  § 3. The immigrant who pays the full value of the lot will immediately receive a definite title to the same, even though he has still other debts outstanding contracted with the administration of the nucleus.

• Art. 41. In the event of the decease of the head of the family, in whose name the provision or definite title had been drawn up, the lot will pass to his heirs or legal representatives on the same conditions on which he himself held it.
• If the nucleus has not yet been emancipated, the transfer will be made by an official order of the administration without any legal intervention.
• Art. 42. Any debt which the deceased head of the family had contracted with the nucleus will be considered extinct if he leaves a widow and orphans, save that arising from the purchase of the lot on the installment system.
• Art. 43. If the lot was purchased on the installment system and the deceased had already paid at least three installments, the remainder will be remitted in favor of the widow or orphans and a definite title granted.
• Art. 44. Government will maintain free primary schools and will organize exhibitions and fairs of agricultural and industrial produce in the nucleus colonies, if deemed expedient.
• Art. 45. Prizes will be offered for the reward of producers who most distinguish themselves at the exhibitions or in any other way.
• Art. 46. Where the nucleus is intended for foreigners, not more than 10 per cent of the lots may be sold to Brazilians, but when in a nucleus the number of lots held by foreigners is 300 or more a special area near the lots will be set aside for Brazilian agriculturists, if deemed advisable
• Art. 47. In States or districts, where hitherto no colonies or nucleus colonies of foreign agriculturists have existed, the Federal Government may adopt special measures, when necessary, to guarantee the first nucleus under conditions favorable to its development so that it may serve as a center of attraction for the establishment of an increasing number of immigrants.
• Art. 48. Each nucleus will be regulated according to special rules made with a view to the peculiarities of the locality and the needs which may arise.
• Art. 49. The emancipation of the nucleus colonies will be granted by Government as soon as the immigrants settled therein require no further aid.

Chapter III. Concerning nucleus colonies founded by the States in conjunction with the union.

• Art. 50. The union may bring in immigrants who, under the protection of the States, are to be settled as owners in nucleus colonies, which the state governments propose to found at their own expense, or by contract with land owners after the favorable conditions of the colonies, their hygienic condition, the good quality of their soil, and the works of preparation are approved.
• Art. 51. The union may grant aid to such States as found nucleus colonies under their own direct administration in accordance with the following article and the budgetary resources at its disposal.
• Art. 52. The foundation of nucleus colonies under the direct administration of the State and with the aid of the union will be in accordance with the conditions laid down in this chapter, with special regard to the following:

  I. The State will choose the locality which it judges favorable from the point of view of health, cultivation, production, safety, facility of communication, and cheap transport, and shall submit its choice, together with the general plan of the colony, including the type of the houses and other necessary information, for the approval of the Federal Government, in order that the union may give a grant in aid.

  II. When the choice and plans have been approved, the State will make all the necessary preparations.

  III. When all necessary work has been carried out so as to guarantee the convenient transport and the regular installment of immigrants and their families on lots exactly measured out and defined, in accordance with the approved plan, the union will, at its own expense, bring in the immigrants to be settled at the expense of the State, the latter being free to choose them by means of persons especially appointed for this purpose.

  IV. All services of the nucleus will be at the cost of the State.

  V. The union will help the State to the extent of 25 per cent on all money which it has actually expended for the foundation of the nucleus, provided that this does not exceed 800$000 for each foreign family settled.

  The payments made by the union will be in three installments:

  (a) The first, up to 250$000, per house, of the type accepted by the Federal Government, erected on a rural lot; (b) The second, also up to 350$000, when the immigrant and his family have taken possession of the lot and have received either the provisional or definite title to the same; (c) The third and last, not to exceed 300$000, according to the valuation made by the federal official appointed for this purpose, when the immigrant and his family have been established on the lot for six months.

• Art. 53. On nucleus colonies in receipt of union aid the percentage of lots set aside for Brazilians may not exceed 10 per cent of those reserved for foreign agriculturists.
• Aid granted for the settling of each family of Brazilian colonists may not exceed 500$000 maximum, payable in installments in accordance with sections (a) and (b) of No. V of the preceding article, after the settling of foreign families, according to the percentage above mentioned.
• Without union aid the State may form, with any number of lots it pleases, areas close by intended for Brazilians.
• Art. 54. Titles to the lots will be given by the state officials in accordance with the law.
• Art. 55. Of the amount produced by the sale of lots, 75 per cent will belong to the States, except in case of agreements with regard to land sold by private individuals to immigrants or colonies, whilst the remaining 25 per cent will be handed over to the union for the help which it has granted.
• Art. 56. The State alone may collect debts contracted by the immigrants with the nucleus.
• Art. 57. Nucleus colonies founded by States with union aid must be regulated according to the rules adopted by the latter.
• Art. 58. When it is deemed useful to construct a railway to link up fallow lands, which may be colonized, or nucleus colonies with railway stations, consuming centers, ports on the sea or rivers, the union may help this construction by means of a subvention paid in a lump sum, when the lines are open to traffic, at the rate of 6:000$ per kilometer.
• Conditions, whether of a technical nature or referring to dates for payment, indemnification for help given, maximum length to receive subsidy, and any other matters, will be defined in the contract to be signed previously.

Chapter IV. Railway colonization.

• Art. 59. The settling of land along or near railways, in course of construction or already in traffic, as well as along rivers, navigated by steamers, ought to be undertaken and pushed by the various companies, independent of any initiative on the part of the federal or state government, of associations, or private individuals.
• Art. 60. By “railway companies” or “company,” for the purposes of this chapter, is understood any single or collective entity which has for its purpose the construction of railways or carriage roads or the establishment of shipping lines, in virtue of a contract made with the Union or with the State.
• Art. 61. The settling will be effected by the installation of families of immigrants accustomed to agricultural labor or cattle breeding as owners of lots, properly measured and marked out, situated along or within 20 kilometers of either side of the railway or river, and forming nucleus or service roads.
• Art. 62. Any railway company which desires to obtain the aid and privileges indicated in this chapter must observe the dispositions of this decree and obtain official authorization, which will be granted by Government when it deems advisable, its responsibility being limited by the budgetary resources at its disposal.
• Art. 63. The choice of the locality most fitted for nucleus and railway colonies will depend on careful study of all the circumstances essential to the development of the colony, special attention being paid to the mildness and healthiness of the climate, the abundance, quality, and distribution of the water, orographic conditions, the nature, fertility, and producing power of the soil, the extent of the forests, groves, plains, and land under cultivation, disposable area, and every other question which it may be necessary to consider for the proper establishment of the colony.
• Art. 64. The choice of locality made by the company will be submitted for the study and report of the fiscal engineer or federal official, appointed for this purpose, and for the examination and approval of the Federal Government.
• Art. 65. The general plan, comprising the division of the land into lots, areas of the same, cart roads and paths to be made, type of houses for the immigrants, will be submitted for the approval of the Federal Government, and shall be executed in accordance with that approval. Otherwise the aid and privileges treated of in this chapter will not be granted.
• Art. 66. The land required for the nucleus or railway colonies will be acquired by the company by purchase, concession, or by agreement with the States or private individuals, and when necessary its disappropriation will be authorized.
• It is absolutely necessary that the land should be previously proved to be free of any litigation, legal onus, concession, or contract, so that it may be transferred free from any claim whatsoever.
• Art. 67. When the position of a nucleus or the number of the rural lots calls for the establishment of headquarters, which shall ultimately become a township, the company will apportion the necessary urban lots according to approved plans.
• Art. 68. As soon as the rural lots are ready and have proper means of communication the families of immigrants will be settled thereon.
• Art. 69. The company will maintain to the best of its ability and in combination with the Federal Government a propaganda service abroad, for the sale of lots, duly marked out and prepared, to immigrants accustomed to agricultural labor or to cattle breeding, in order that they may come and settle thereon.
• Art. 70. The Federal Government may authorize or promote, at its own expense, introduction of immigrants for the nucleus or railway colonies, and will pay their passages from the port of their country of origin to that of their destination, effect their disembarkation, house and feed them, and give them free transport to the station nearest the nucleus.
• Art. 71. The service of settling the immigrants, including help given them for the same, will be at the expense of the company, which shall furnish the new arrivals with tools and seeds and, whenever convenient, give them paid work on the railway or near the lots, to make it easier for them to keep up the same, and shall supply them, whenever necessary, with advances of food or money until the first harvest.
• Art. 72. Rural lots, with any improvements thereon, will be sold to the immigrants for cash or in installments.
• Art. 73. The price of lots and of houses and the conditions of payment depend on the approval of the Federal Government, which reserves to itself the right of flscalizing anything which is in the interests of the colonists, or deals with the rights which are guaranteed to them.
• Art. 74. The company binds itself to aid the transport of the colonial produce, and will grant a rebate or reduction in freights of 50 per cent on the tariff in force for five years dating from the installment of the first family on a lot of any nucleus or railway colony whose foundation was made under the conditions of this chapter or was undertaken by the Union or by the States for the settling of foreign immigrants as owners of the land.
• Art. 75. The company will render every aid in its power to immigrants for the improvement of their produce and will stimulate the formation and increase of small industries; it will promote in the colonies which it founds the creation of free primary schools, and will build churches for the immigrants, irrespective of denomination.
• Art. 76. The Federal Government will grant, under the heading of “Aid,” premiums to any railway company which carries on with regularity the settling of foreign immigrants as owners of the land as hereby laid down.
• The premiums will be agreed upon and fixed when the general plan is approved (see art. 65 of this decree), and must not exceed the following maximums:

  I. 200$000 for each house constructed on a rural lot so soon as the type has been officially approved and the house is in the possession of the immigrant family.

  II. For each immigrant family, which has never before been resident in the country, brought in from abroad at the expense of the company and settled on a rural lot:

  (a) 100$000 when the family has been settled for six months;

  (b) 200$000 when the family has been settled for a year and has increased the area of cultivation and the live stock and shows every intention of continuing to do so.

  III. 5:000$ for each group of 50 rural lots occupied by families of foreign immigrants who in the same colony and within two years of the settlement of the first family have received definite titles of ownership.

• Art. 77. When the families of immigrant farmers are not brought from abroad at the expense of the company, the latter shall undertake to establish them in the same conditions as those of article 76, but has no right to premiums I and III.
• Art. 78. When 50 rural lots are definitely occupied by families of foreign immigrants the company may settle 5 Brazilian families on neighboring lots, and so on in the same proportion, and the Government in this case will grant the same premium referred to in the preceding article for the settling of foreign families.
• Art. 79. The company may obtain from the State interested any other privileges and aid besides those granted by the Federal Government.

Chapter V. Colonization by companies, associations, and private individuals.

• Art. 80. Companies or associations and reputable private individuals who have at their disposal land so situated as to be fitted for colonization, and who undertake to divide the same into lots and to sell it to foreign immigrant farmers so that the said immigrants may live on the lots as owners of the same, may receive grants in aid from the union and the State as is most convenient in each particular case.

  § 1. The following are the essential conditions to be observed if union aid is to be lent:

  (a) The estates must be free from litigation, mortgage, and every other legal onus, or the existence must be proved of a proper contract between the debtor and the creditor who holds the mortgage, the terms of which permit of the transference to immigrants free from any claim whatsoever.

  (b) The area available must be sufficient, in the opinion of Government, for the settlement of at least 50 families of immigrants on an equal number of rural lots, winch shall be adjoining or spread over a district, the greatest radius of which shall not exceed 12 kilometers.

  (c) The soil must be fertile and the district healthy and the colonies within easy reach of commercial centers, to which they shall be joined by rail or carriage roads, and the conditions must be such as to allow for agricultural and industrial expansion on the part of the colonies and for the sale of their produce in a favorable market. The supply of drinking water must be abundant and such that each lot shall be provided with a proper supply for private use and for irrigation, and, finally, the general conditions must be such as will insure the prosperity of the new owner of the lot.

  (d) An official inspection will be made of the district and of all documents referring to the property, in order that the foregoing conditions may be found to have been complied with.

  (e) The lots must be of sufficient size to allow of expansion.

  § 2. The Federal Government will make no loans.

• Art. 81. So soon as the essential conditions referred to in the preceding article have been found to be complied with, the immigrants and their families, who are to be settled as owners of the land, may be brought in by the union directly or on the refunding of their passage money at current rates on the following conditions:

  (a) That they are in a position to buy the lots cash down and have sufficient resources to keep themselves, while cultivating the land or starting any industry, until they begin to make a profit, without any other privileges; or

  (b) The owners of the land shall prove that they have made a contract with the immigrants, or with the government of the State interested, on such terms as to guarantee not only the sale of lots, marked out and ready, at a reasonable price, but also the granting of such aid as the immigrants shall need at the time of their first installment and until they are in a position to support themselves.

• Art. 82. Apart from the aid given in accordance with the preceding article the union may grant to the respective companies, associations, or private individuals premiums for the families of immigrant farmers settled when they have been installed for a year to a year and a half and are prospering and show intention to remain.

  § 1. The number of families settled, which will give a right to premiums as well as the amount and mode of distribution of the same, will be arranged by the Federal Government in each case.

  § 2. The State interested may aid in the measuring and marking out of the lots and grant any other privileges which it may see fit.

• Art. 83. At the same time that the Federal Government recognizes, in accordance with articles 80 and 81, that the circumstances are favorable for the settling of immigrants as owners, and authorizes the company, association, or private individual to make the lots ready for their reception, it may fix a date by which time the necessary work must be concluded, and if it is not concluded by that date the union will no longer be responsible for granting aid or premiums.
• Art. 84. When companies, associations, or private individuals promote the settling, on a large scale, of land which belongs to them, as in1, sections (a), (c), (d), and (e), of article 80, and propose to link up their property by branch lines to railway stations already existing, consuming centers, and sea or river ports, the Federal Government may grant them, if it deems convenient and subject to contract made previously, a subsidy of 6:000$ per kilometer open to traffic.
• In said contract shall be defined the conditions to be observed with regard to technical questions and those affecting date of payment, the maximum length to be subsidized, repayment of aid granted, etc.
• Art. 85. Agricultural banks and syndicates, formed according to the laws at present in force, so soon as they have subscribed to the conditions of this decree, will be granted the preference for the obtaining of aid and premiums on the bases here laid down.

Chapter VI. Concerning service roads.

• Art. 86. Whenever convenient service roads may be established at points starting from railways already in traffic or construction or from rivers navigated by steamers.
• Art. 87. A service road in accordance with this decree is a carriage road with lots on either side of it, duly measured and marked out and contiguous to each other, and intended for the settling of immigrants as owners of the soil.
• Art. 88. Service roads ought to be situated in districts which satisfy all the essential conditions exacted for nucleus colonies, and by preference will be opened on fallow lands or private estates, which have been abandoned when accidents of position or splitting up into strips which are more fertile, or other circumstances suggest the adoption of this system for their better exploitation.
• Art. 89. Service roads will only be made over fallow lands by the State or in agreement with it.
• Art. 90. The definite construction of service roads over private estates will be undertaken by the owners, or in agreement with them, unless, when surveys and plans have been made, no agreement can be come to and it is found necessary to disappropriate the estates in the public interest.
• Art. 91. Service roads will be the same basis as nucleus colonies in every respect.

division iii. concerning immigration.

Chapter I. Concerning the introduction of immigrants.

• Art. 92. The Federal Government will promote the introduction of immigrants who, being agriculturists and accompanied by their families, desire to settle in the country as owners of the land on lots belonging to nucleus colonies or on such other estates as satisfy the requirements of this decree.
• Art. 93. Immigrants will be introduced in proportion as the lots are measured, marked out, and ready for their reception.
• Art. 94. In special circumstances, and in order to meet an obvious and immediate want, the Federal Government may, at its discretion, bring in, at its own expense, professors of agriculture or industry or immigrants of any nationality and profession for the construction of railways, public works, factories, etc., which will be to the advantage of the immigrants.
• Art. 95. Immigrants shall be considered spontaneous who come from foreign ports and travel second or third class at their own expense.
• Art. 96. The union will refund the third-class fares from the port of embarkation to the port of disembarkation to such spontaneous immigrants as are farmers and whose families consist of at least three persons of more than 12 and less than 50 years of age fitted for work and who settle as owners of the land.

  § 1. The amount to be refunded for passages will be calculated according to the price paid during the same month to shipping companies who have carried immigrants between the same ports at the expense of the union, or, failing this, at the expense of the States.

  If no such basis is available, the fares will be refunded in accordance with the usual prices charged by the respective companies.

  § 2. The right to this refunding lapses if the same is not claimed within two years from the date of entry of the ship on which they arrived.

• Art. 97. When the number of spontaneous immigrants arriving in the country is not deemed sufficient or to be increasing satisfactorily, the union will grant, free of charge (without any repayment whatsoever having to be made to the Government), to such foreigners who are farmers and arrive accompanied by their families or invited by them, when they have been recognized as immigrants according to the terms of article 2 and come with the intention of settling as owners of the land:

  I. Third-class passages from the port of embarkation to the port of Rio de Janeiro or any other Brazilian port which is properly equipped with a department for their reception and housing.

  II. At the above-mentioned ports, reception, disembarkation of themselves and their baggage, lodging, food, medical attention and medicine in case of illness at their arrival and for such period as may elapse before they are settled at the point which they may choose.

  III. Transport by rail or steamer to the station or port of destination.

• Art. 98. Such immigrants as are spontaneous or come with their passages paid by the States or third parties and arrive at Rio de Janeiro or any other Brazilian port which is properly equipped for their reception and housing will be granted the privileges mentioned in Nos. I and II of the preceding article.
• Art. 99. Such immigrants as come into the country at the expense of the union, according to article 94, will also have a right to the privileges laid down by article 97.
• Art. 100. Immigrants’ baggage, including tools necessary to agriculture or for the profession to which they belong, will be admitted duty free in accordance with the law at present in force.
• Art. 101. All information that they may desire will be afforded to immigrants by means of interpreters, who will accompany them whenever necessary.
• Art. 102. Immigrants are absolutely free to choose their destination, and it is strictly forbidden to influence them in any way in this matter.
• Art. 103. Representatives of Brazil and immigration commissioners abroad will take every measure necessary to prevent the arrival of second and third class passengers who can not be recognized as immigrants ex-vi article 2 of this decree.
• The officials for the reception of immigrants, the doctors attached to the public health department, and the police of Brazilian ports will prevent the disembarkation of such persons, and the shipping companies on whose vessels they arrive are obliged to repatriate them.

Chapter II. Concerning formalities for the introduction of immigrants.

• Art. 104. Immigrants will be brought in at the expense of the union by shipping companies or shipowners who have been duly authorized by representatives of the Federal Government. The price will be fixed beforehand, whilst the hygienic condition and the accommodation of the passengers must be assured in accordance with the dispositions of this decree.
• Art. 105. The agreement shall be fixed by one or more companies as and when the Federal Government may determine, and preference shall be given to those who best meet the wishes of the Government and offer the best guaranties, together with low rates for rapid transit and good accommodation and treatment for the immigrants.
• Art. 106. Any agreement for the introduction of immigrants will only remain in force at the convenience of the Federal Government, which reserves to itself the right, by its own action or those of its accredited representatives, of exercising full fiscal action, of choosing immigrants, of refusing those who do not comply with established conditions, of refusing right to embark, of limiting the number of passengers, and, finally, of refusing to recognize the agreement at any time without any indemnity.
• Art. 107. Only those immigrants will be introduced at the expense of the union whose passages have been arranged with companies with whom an agreement is in force by the duly accredited representatives of the Government.
• Art. 108. Whilst the agreement is in force the companies will also bind themselves:

  I. To grant to all emigrants who shall be classed as immigrants, according to article 2 of this decree, and who desire to come with second or third class passages, which they pay themselves (spontaneous), a rebate of 10 per cent on the official rates, according to their ages and the ports of embarkation and disembarkation.

  II. To never charge higher prices than those arranged with the Federal Government, in accordance with age and between the same ports, for the transport of immigrants who are introduced through the officials of the federal immigration service at the request of governors of States, companies, associations, and private individuals who undertake to bear the expense.

• Art. 109. Preference for transport by shipping companies who have contracts under this decree will be given to spontaneous immigrants, those invited by their relations already established here, those called officially, and the families of farmers which consist solely of members of over 12 and under 50 years of age.
• Art. 110. Companies which undertake the introduction of immigrants must advise Government at least eight days before their arrival here as to the date of embarkation abroad, the probable date of arrival, the name of the ship on which they are coming, and their number.
• Art. 111. Immigrants brought in at the expense of the Federal Government shall present a list in duplicate, in which shall be inscribed their name, age, state, nationality and profession, relationship to the head of the family, and quantity of luggage, containing their own declaration that they have disbursed nothing for their own passages or those of their families or for the transport of their baggage.
• These documents must bear the vise of the official appointed for this purpose at the port of embarkation or, in default of this, the vise of the Brazilian consul or consular agent.
• Art. 112. The company carrying immigrants at the expense of the Federal Government will draw up a detailed list of the baggage handed to them, which, together with the other documents, will be presented to the officials at the port of arrival.
• Art. 113. Such immigrants as are brought in at the request and expense of the States, companies, associations, and private individuals of the federal immigration agency abroad must also possess documents similar to those held by immigrants brought in at the expense of the Federal Government.
• Art. 114. Immigrants’ luggage shall arrive on the same vessel as themselves, and the company, when receiving it at the port of embarkation, shall hand to each immigrant, or head of the family, a receipt showing the number of pieces belonging to him and such marks as will facilitate their delivery.
• These receipts must be checked with the list treated of in article 112 of this decree.
• Art. 115. The parentage, age, morality, and profession of the immigrants shall be proved by trustworthy documents bearing the vise of the official appointed for this purpose at the port of embarkation or, in default of this, the vise of the Brazilian consul or consular agent, any of which officials shall have the right to refuse these and other documents which they may consider to be false or insufficient.
• Art. 116. In the agreements made with the shipping companies, rules shall be laid down affecting the constitution of families or immigrant farmers who are to be brought in at the expense of the Federal Government, as well as any other conditions which may affect the service.

Chapter III. Concerning the service of receiving, disembarkation, housing, feeding, and distribution of immigrants.

• Art. 117. The service of receiving, disembarkation, housing, feeding, and distribution of immigrants will be carried out at the expense of the union at the port of Rio de Janeiro.
• Art. 118. In State ports the services treated of in the preceding article will be at the expense of the State interested, whilst the union may also lend aid, as indicated in this chapter, by mutual arrangement.
• Art. 119. The union will grant aid to the States toward defraying the expense of the service of receiving, disembarkation, housing, and distribution, if the immigrants are brought in at the expense of the Federal Government or are spontaneous, according to the conditions of this decree.
• Art. 120. In other cases than those provided for in the preceding article the cost of the said services will not be defrayed by the union, but will be at the expense of the States, companies, association, or private individuals.
• Art. 121. Without previous official authorization the companies, associations, or private individuals may not undertake the disembarkation of immigrants.
• Art. 122. Union aid, as referred to in article 119, will consist in payment to the States of an amount previously fixed and calculated on an average per immigrant, taking into consideration the conditions of the port and of disembarkation, the time spent in the hostels, which must not exceed six days, except in the case of the illness of an immigrant or of a member of his family.
• So soon as the state government has made an arrangement with the Federal Government as to the amount payable, the latter will appoint an official at the respective hostel, who shall calculate the amount of the grant to be made and shall take such measures as may be necessary for arranging the destination of the immigrants and furnishing them with such information as they may require.
• Art. 123. Transport by rail or boat will be paid for by the union when the immigrants are spontaneous and when they request same, when they have been brought in at the expense of the Federal Government, companies, associations, or private individuals, and when the means of communication are under the administration of the Federal Government.
• Art. 124. Transport by high roads or cart roads from the railway stations, or ports where the immigrants disembark, to the nucleus colonies or place of destination will be furnished by the union if the said colony be under their administration, and at the expense of the States, companies, associations, or private individuals when these have founded the nucleus colonies or have brought in the immigrants.
• Art. 125. The lodging of newly arrived immigrants at the nucleus colonies or place of destination will be at the expense of the administration of said colonies or of the parties who brought in the immigrants, whether these be the union, the States, companies, associations, or private individuals.
• Art. 126. The services of receiving, disembarkation, housing, feeding, and distribution of immigrants are worthy of the greatest care on the part of the officials, who shall carry out such services with the utmost zeal.

Chapter IV. Concerning repatriation.

• Art. 127. Government will repatriate such agricultural immigrants as may desire it, who have been brought in at the expense of the union, if they have resided in Brazil for less than two years and under the following conditions:

  I. Widows and orphans who absolutely can not support themselves and have no members of their families to fall back upon.

  II. Such immigrants as are incapacitated from work on account of incurable disease or from accidents arising from work, if they have no other members of their family fit for work.

  III. Wives and children (less than 12 years of age) of immigrants in the above-mentioned case, if they have no means of support.

  IV. Children of less than 12 years of age and members of immigrant families in the above-mentioned circumstances.

• Art. 128. For repatriation to be granted to immigrants in Cases I, III, and IV of the preceding article, they must have lived continuously under the roof of the head of the family whose absence and incapacity is the reason for their request.
• Art. 129. Repatriation will be granted, if requested, to spontaneous immigrants or to those recognized as such according to the dispositions of this decree when they are in the condition mentioned in articles 127 and 128.
• Art. 130. Such immigrants as are in the position referred to in the three preceding articles and wish to return to their country of origin will be given third-class passages by Government to the port nearest their destination, and aid toward their expenses of 50$ to 200$, according to the number of persons in the family and the length of the journey.
• Art. 131. Lots which are held on definite titles by immigrants having a right to repatriation may be sold by them or transferred for their advantage, without prejudicing the rights of third parties, and on the liquidation of any debts they may have contracted with the union. If the title is provisional, they will be authorized to sell or transfer them for their own benefit, according to the rights which they possess.

division iv.

Sole chapter. General regulations.

• Art. 132. The Federal Government may defray the expenses of a trip home as reward to such immigrants who have resided not under three and not over six years in Brazil, and who own definite titles to landed property. Such rewards will be granted only to immigrants who by their good behavior, morals, and zeal in their work shall have deserved them.
• Art. 133. The Federal Government shall every year fix the number of the rewards referred to in the preceding article and authorize the choice of the immigrants entitled to them, granting them free return tickets if desired.
• Art. 134. The transmission and reception of letters and telegrams between immigrants and their relations or friends residing abroad will be facilitated as much as possible through interpreters or by other means.
• Art. 135. Nucleus colonies for the exclusive reception of Brazilian farmers will only be founded by the union when the public need demands it and the interested State can not undertake the same. The State will, however, contribute a share of the expenses.
• Art. 136. The Federal Government will employ all the necessary means for disseminating knowledge by means of’ an active propaganda of the natural advantages, multifarious resources, and easily gained livelihood which Brazil offers to hard-working people who desire to employ their activity on any part of its territory.
• Art. 137. For the full and complete execution of this decree supplementary instructions will be issued.
• Art. 138. All dispositions to the contrary are hereby revoked.

Rio de Janeiro, April 19, 1907.

Miguel Calmon du Pin e Almeida.