"In such a case—in cases where the riparian States, desiring to confine the navigation of their own waters to their own citizens and subjects, cannot agree among themselves as to the terms and conditions, then, according to Puffendorf, the sovereign rights 'are distributed according to the rules applicable to neighboring proprietors on a lake or river, supposing no compact has been made.'
"It would, therefore, appear that this government would have the right on its side, were it, without further ado, to yield to the entreaties of its citizens, and give safe conduct up and down the Amazon to those who desire to penetrate through it up into Peru, Bolivia, and Ecuador, with the river steamer, and to push their enterprise into these remote regions in search of that commerce and those important privileges which the liberality and laws of these governments guaranty to them.
"Brazil has no treaty of commerce and navigation, or of amity and friendship, with this government; the quarter of a century has elapsed since the last one was made, and she has steadily, for the last fifteen or twenty years, refused to renew it. Therefore, if she be dealt with now strictly according to the law of nations in this matter of the Amazon, she could not rightfully complain.
"But your memorialists love peace, and value exceedingly the relations of amity and friendship that have ever existed between this country and Brazil. They believe that there is virtue in forbearance, and therefore pray for such action only, on the part of your honorable bodies, as may secure the free navigation of the Amazon peaceably, and with the consent of Brazil: peaceably if we can—forcibly if we must.
"To accomplish the former, it is only necessary, in the judgment of your memorialists, to lay down the doctrine which this nation holds upon this subject, and then to remind Brazil of the rights which American citizens have upon the headwaters of the Amazon; of the doctrine which we on this side of the equator have always held as to the navigation rights of riparian States; and to pass in review, for her edification, the relations of commerce, business, and friendship between the two countries, which it is not the wish of this country, and certainly not the interest of that, to disturb.
"There are few countries, having friendly dealings with each other, between which commerce is more one-sided in its operations than is our commerce with Brazil. On one side it is all free trade, but on the other it is restrictive in the highest degree. Owing to the illiberal policy of Brazil, our commerce with her is carried on upon very unequal and disadvantageous terms.
"Coffee, drugs, hides, and India rubber, are the chief articles that are exported from Brazil and brought to this country, and this country is Brazil's best customer. We take about two-thirds of her whole coffee crop; we admit her coffee duty free; and also the other staples enumerated above are either on the free list, or are admitted at rates merely nominal.
"On the other hand, the coffee which Brazil sells to us is first taxed with heavy excise duties, and the flour which she receives from us is saddled at her custom-house with enormous charges, thus greatly restricting the consumption of the one and keeping down the demand for the other.
"We send to Brazil the manufactured article; she gives us in return the raw; yet so unequal is the trade, that the balance is largely against us. We have to send heavy remittances in bullion to pay for our purchases in her markets, and yet we have never threatened her with retaliatory duties.
"The annals of commerce among friendly Christian nations may be challenged almost in vain for another case like this—a case where the nation supplying the elaborated article, and receiving in exchange raw produce, finds herself at such odds as to leave the balance, year after year, heavily against her.