Mr. Bryan to Mr. Hay.

No. 174.]

Sir: Referring to the subject of my 149, of April 25, 1899, in order to complete the files of the Department on this question I have the honor to transmit herewith a copy and translation of the recently published report of the minister for foreign affairs, which refers to the Wilmington matter.

I have, etc.,

Charles Page Bryan.
[Inclosure.—Translation.]

The decree of December 7, 1866, opened to foreign merchant ships the navigation of the Amazon as far as Tabatinga and of the Madeira as far as Borba. A subsequent decree extended the concession as to the Madeira, permitting its navigation as far as Port San Antonio. Neither one of these decrees refers to ships of war. Such may only ascend these rivers by virtue of a special concession for each case. In accordance with this [rule] proceedings have been had.

In 1878 the American legation, by order of its Government, asked permission for a ship of war to ascend the Amazon as far as the mouth of the Madeira and it was granted, as may be seen in the correspondence annexed to this report. In 1882 the British legation asked if there were in Brazil ports entirely closed to foreign men-of-war. The documents are also attached. It was answered that the ships of war of friendly powers might, without restriction, enter the maritime ports, and that as to river ports the right depended upon a special concession for each case if there were no convention providing otherwise.

Recently and again in conformity with this rule permission was given to the American gunboat Wilmington to ascend the Amazon on her way to Iquitos, in Peru. I have to refer to what took place in regard to this.

The governor of the State of Para communicated to me, by a telegram of March 16, that the gunboat’s commander desired to undertake such a voyage and that the American consul had asked his intervention with the Federal Government, so that it might be given him without the necessity of renewing the request at Manaos. I answered on the 17th that he might grant the permission when the consul should make the request in writing; and I asked the governor to send word of this to the governor of Amazonas. The commander did not wait for an answer. When it came to Para he had already departed, taking the consul with him. The governor informed him of this fact by telegram of the 19th.

I believed that the commander had acted in this manner because he counted upon a favorable decision, but the governor of Amazonas communicated to me by a telegram of April 19 circumstances which did not justify this supposition. The commander, when he went to thank the governor for the manner in which he had been received, said as he was taking his leave that he was going to return to Belem and from there would proceed to the island of Madeira. He departed at 10 o’clock at night on the 6th. A ship coming from the Solimoes River [Page 124] reported that it had met the gunboat going up that river, bound for Iquitos.

In view of this information, the truth of which I could not doubt, I sent to the American minister the note you already know about and which I annex to this report.

After this note had been sent I received, upon the 29th of April, the following telegram from the governor of Para:

I have just been visited by the American consul and the commander of the Wilmington, who came to bring me their spontaneous excuses for the departure of the Wilmington for the Amazon before the arrival of the authorization which, at the request of the said consul, I had solicited from the Federal Government. He had not considered the formality of the license being granted in official form indispensable, and, counting as certain the acquiescence of the Federal Government, wished to hurry the voyage. I am convinced that Consul Kenneday was sincere in making this decision. In the course of the conference I had an opportunity of hearing a satisfactory explanation and protests of sympathy and consideration for and with our country.