No. 109.] BRAZIL. MISUSE OF THE FLAG OF THE UNITED STATES. Mr. Thompson to Mr. Hay. AMERICAN LEGATION, Petropolis, January 4, 1904. SIR: I have to report that upon receipt of a letter from Consul Furniss, at Bahia, under date of May 16, 1903 (copy inclosed), informing me of the use by a Brazilian line of sailing vessels of a house flag very much resembling one of the forms of our national ensign, I brought the matter to the attention of the foreign office in an unofficial note of May 25, 1903 (copy inclosed), informing Mr. Furniss of the steps taken in a letter dated May 26, 1903 (copy inclosed). Receiving no answer from the foreign office, I again wrote to Baron Rio Branco under date of September 9, 1903 (copy of letter inclosed), receiving an acknowledgment of the receipt of this note and of my previous one, under date of September 30, 1903 (copy and translation inclosed). Although I have received no further communication from the foreign office, I learn through the official paper that the minister of justice has now taken the necessary measures to prevent the further use of the flag resembling our national ensign by the line of vessels referred to. I have, etc., D. E. THOMPSON. [Inclosure 1.] Mr. Furniss to Mr. Thompson. AMERICAN CONSULATE, DEAR SIR: Under date of July 18, 1901, I wrote to Minister Bryan relative to a line of Brazilian sailing vessels which were using as their house flag a flag so closely resembling our national ensign that it can not be differentiated at a short distance, and asked his assistance to have its use prevented. In August of the same year, when Colonel Bryan was passing through this port on the U. S. S. Atlanta, he informed me that the matter had been called to the attention of the Brazilian Government, and that he had been assured that its use would be prohibited. The boats flying the flag are the property of the Bahia-Pelotas firm of Rosa, Carvalho & Co., and are in the "carne secca" trade between the ports mentioned. At present there are three of these vessels in port, and a few days ago my attention was called to the fact that they were flying the objectionable flag at the mainmast. The flag is an exact facsimile of ours, with the exception that the stars in the blue field are arranged in a circle, in the center of which appear the letters "R. C." arranged as a monogram. The arrangement of the stars in a circle is permitted by our Government when 13 stars are used, and that, coupled with the fact that the monogram is so small as to be either indistinguishable or not noticed by one even at a short distance, makes its continued use by a Brazilian vessel very undesirable. This matter is called to your attention that you may give it such action as the matter necessitates. I am, etc., H. W. FURNISS. [Inclosure 2.] Mr. Thompson to Dr. Rio Branco. AMERICAN LEGATION, Petropolis, May 25, 1903. Mr. MINISTER: I herewith inclose you a sketch of the house flag used by the Brazilian firm of Rosa, Carvalho & Co., of Bahia and Pelotas, and regularly displayed in their ships which are engaged in the coastwise trade, and are registered at Pelotas. You will observe that this flag is substantially identical with the flag of my country, having 13 stripes alternately red and white, and a blue field in which stars are disposed in a circle in one of the forms authorized by our statutes and frequently used. The striking resemblance will appear by comparing the lithograph copy of our national ensign which I inclose with the sketch of the house flag of Rosa, Carvalho & Co. Our consular officers in Brazil have called my attention to the use of this ensign, and I believe you will agree with me that confusion may arise from the similarity of the two flags, and that Brazilian port officials as well as our consular officers might well mistake a Brazilian ship for an American or an American for a Brazilian. I do not know whether your Government has adopted any regulations in regard to the use of a national ensign as a house flag of a private firm, but I venture to call your attention for such action by the proper officials as may seem to you and them proper. D. E. THOMPSON. [Inclosure 3.] Mr. Thompson to Mr. Furniss. AMERICAN LEGATION, DEAR SIR: I have received your letter of May 16, 1903, reporting that the Brazilian shipowning firm, Rosa, Carvelho & Co., of Pelotas and Bahia, are using as a house flag on their ships an ensign which is practically identical with the flag of the United States. Your letter on the same subject of July 18, 1901, to my predecessor, Mr. Bryan, was answered by him on August 10, 1901. He said to you: "I have called the attention of the minister of foreign affairs to the matter and he has suggested such communication with the house responsible therefor as is likely to prevent a recurrence of the abuse in the future." It seems probable that Mr. Bryan meant that you should communicate with the house. There is no correspondence here indicating that he or the Brazilian minister of foreign affairs have taken any such action. I infer from your letter that you have not made a direct protest to Rosa, Carvelho & Co. since receiving Mr. Bryan's letter. If I am wrong, please advise me. I think a request to Rosa, Carvelho & Co. to discontinue the use of the United States ensign as a house flag on Brazilian ships should properly come from the Brazilian authorities. The vessels are directly under their control and not under ours. It seems to me the Brazilian Government would disapprove of Brazilian ships carrying a flag which makes them appear foreign. I have therefore written the minister of foreign affairs, calling his attention to the matter for such action by the proper authorities as he may deem proper. I am, sir, etc., D. E. THOMPSON. [Inclosure 4.] Mr. Thompson to Dr. Rio Branco. AMERICAN LEGATION, Petropolis, September 9, 1904. Mr. MINISTER: On May 25 I had the honor of addressing you a note on the subject of the use, by a line of Brazilian sailing vessels plying between Bahia and Pelotas, of a house flag very much resembling the national ensign of the United States, to which we have as yet received no answer. I would be pleased if you would be so good as to tell me the conclusion, when it has been reached, of the proper authorities. I avail, etc., [Inclosure 5.-Translation.] D. E. THOMPSON. Doctor Rio Branco to Mr. Thompson. MINISTRY OF FOREIGN AFFAIRS, I have the honor to acknowledge receipt of your excellency's note of the 9th instant, asking for my attention to your note of May 25 last, on the use by a line of Brazilian merchant vessels plying between Bahia and Pelotas of a flag much resembling the national ensign of the United States. In reply I have to say to your excellency that I have brought your note to the knowledge of my colleague of the navy department, whose reply I am awaiting in order to, in due time, transmit it to you, to whom I have the pleasure of reiterating the protests of my high consideration. Mr. Dawson to Mr. Hay. RIO BRANCO. No. 117.] AMERICAN LEGATION, Petropolis, February 9, 1904. SIR: Referring to the subject of the use by a line of Brazilian sailing vessels of a flag resembling one form of our national ensign, I send inclosed herewith copy and translation of the official note just received confirmatory of the fact reported in Mr. Thompson's No. 109, of January 4, as to the discontinuance of this abuse by order of the authorities. I have, etc., THOMAS C. DAWSON. [Inclosure. Translation.] MINISTRY OF FOREIGN AFFAIRS, Supplementing my note of September 30 to Mr. David E. Thompson. I now have the honor to inform you that, according to the declaration of my colleague of the navy, the Brazilian firm of Rosa, Carvalho & Co., of Pelotas, has already ordered the flag used on its ships to be substituted, complying thus with the request contained in the note from your legation of May 25 last. I avail, etc., RIO BRANCO. TREATY WITH BOLIVIA TERMINATING THE DISPUTE OVER THE ACRE TERRITORY. Mr. Dawson to Mr. Hay. No. 114.] AMERICAN LEGATION, Petropolis, January 23, 1904. 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., [Inclosure. Translation.] 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: 1. 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 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. (a) 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. (b) 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 |