ESTADOS UNIDOS DA AMERICA.

Convenio aduaneiro. Denuncia por parte do Brazil.

N. 32.

Nota do Governo Brazileiro à Legação Americana.

Rio de Janeiro

Ministerio das Relações Exteriores, 22 de setembro de 1894.

Tenho a honra de participar ao Sr. Thomas L. Thompson, Enviado Extraordinario e Ministro Plenipotenciario dos Estados Unidos da America, que o Sr. Vice-Presidente da Republica, usando da faculdade estipulada no accordo aduaneiro de 31 de janeiro de 1891, resolveu denuncial-o e o denuncia. Esse accordo continuará a ser executado em todas as suas partes no Brazil, até ao dia 31 de dezembro do corrente anno, e cessará, tambem em todas as suas partes, no 1o de janeiro de 1895.

Aproveito esta opportunidade para reiterar ao Sr. Ministro as seguranças da minha alta consideração.,

Ao Sr. Thomas L. Thompson.

CASSIANO DO NASCIMENTO.

N. 33.

Nota da Legação Americana ao Governo Brasileiro.

Legation of the United States - Petropolis, september 25, 1894.

1 have the honor to acknowledge the recept of the note which His Excellency, Dr. Cassiano do Nascimento, Minister for Foreign Affairs, sent to me on the 22d instant containing information of the steps taken by His Excellency the Vice

President, with the view of terminating the commercial arrangement of January 31, 1891.

I improve the opportunity for reiterating the assurance of my high considera-" tion.

Tenho a honra de accusar a recepção da nota, que S. Ex. o Sr. Dr. Cassiano do Nascimento, Ministro dos Negocios Estrangeiros, dirigiu-me em 22 do corrente, informando-me das disposições tomadas por S. Ex. o Vice-Presidente, com o fim de terminar o arranjo commercial do 1o de janeiro de 1891.

Aproveito a opportunidade para reiterar as seguranças da minha alta consideração.

A Sua Excellencia o Dr. Cassiano do Nascimento,

Ministro dos Negocios Estrangeiros.

THOS. L. THOMPSON.

N. 34.

Nota da Legação Brasileira ao Governo Americano.

Legation of the United States of Brazil - Washington, September 24, 1894.

Sir The Tariff Law of the 28.th of August ultimo having abrogated the commercial agreement entered into on January 31 st, 1891, by the United States of Brazil and the United States of America, have the honor to communicate to Your Excellency that my Government has informed His Excellency, Thomas L. Thompson, Minister of the United States of America at Rio de Janeiro, of it intention and decision to denounce said commercial agreement, and has directed me to communicate to Your Excellency that, in virtue of the stipulation contained in the notes exchanged between the negotiators of said international agreement

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and dated January 31 st, 1891, it deems it necessary to definitely inform Your Excellency of its intention and decision to consider at an end said commercial agreement in accordance with the stipulation therein contained regarding its duration, so that the termination of said agreement shall begin to take effect on the first day of January of the year 1895.

I am sure that the cessation of our reciprocity agreement will in no wise affect materially the commercial relations of our countries, considering that their mutual interests and spirit of cordial friendship now rest on a firmer basis than a written contract.

Accept, Sir, the renewed assurance of my highest consideration.

Senhor Tendo a lei da tarifa de 28 de agosto ultimo abrogado o ajuste commercial concluido em 31 de janeiro de 1891 pelos Estados Unidos do Brazil e os Estados Unidos da America, tenho a honra de communicar a Vossa Excellencia que meu Governo declarou a Sua Excellencia o Sr. Thomas L. Thompson, Ministro dos Estados Unidos da America no Rio de Janeiro, a sua intenção e decisão de denunciar o dito ajuste commercial, e deu-me instrucções para dizer a Vossa Excellencia que, em virtude da estipulação contida em as notas trocadas entre os negociadores do dito ajuste commercial e datadas de 31 de janeiro de 1891, julga necessario in formar definitivamente a Vossa Excellencia da sua intenção e decisão de considerar findo o dito ajuste commercial, de accordo com a estipulação nelle contida relativamente a sua duração, de sorte que o termo do mesmo ajuste começará a ter effeito no primeiro dia de janeiro do anno de 1895.

Estou certo de que a cessação do nosso ajuste de reciprocidade não influirá materialmente nas relações commerciaes dos nossos paizes, considerando que os seus mutuos interesses e espirito de cordial amizade assentam agora em base mais firme do que um contracto escripto.

Aceitai, Senhor, as reiteradas seguranças da minha mais alta consideração.

SALVADOR DE MENDONÇA.

N. 35.

Nota do Governo Americano à Legação Brasileira.

Department of State, Washington, october 26, 1894.

Sir. I have had the honor to receive your note of the 24 th ultimo, in which you inform me that your Government, in view of the abrogation of the Commercial arrangement between the two countries the y tariff law of the 28 th of August last, has directed you to communicate to me the fact that, «in virtue of the stipulation contained in the notes exchanged between the negotiators of the said international agreement, and dated January 31, 1891; it (the Government of Brazil) deems it necessary » definitely to inform of < its intention and decision to consider at an end said commercial agreement in accordance with the stipulation therein contained regarding its duration, so that the termination of said agreement shall begin to take effect on the first day of January of the year 1895.»

In concluding your note, you express the assurance that « the cessation of our reciprocity agreement will in no wise affect the commercial relations between our two countries, considering that their mutual interests and spirit of cordial friendship now rest on a firmer basis than a written contract.»>

This satisfactory and well founded assurance in which the President directs me to say that he fully concurs, would seem to render any comment on your note superfluous, if it were not for your previous statement that your Government, notwithstanding the abrogation of the arrangement in question by the act of August 28, deems it necessary, in accordance with the stipulations contained in the notes exchanged on January, 31, 1891, to give notice of its intention to consider the arrangement as terminated on and after the 1st of January next:

By section 104 of the Act of August 28, Section 3 of the Act of 1890, under which the commercial arrangements with Brazil and certain other countries were negociated, was repealed; but it was also provided that nothing in the repealing section should be held to abrogate or affect such arrangements except where they were inconsistent with the provisions of the new law. Notice, therefore of an intention to terminate those arrangements was not contemplated by the new law; and, so far as they were inconsistent with the provisions of that law, such notice was rendered unnecessary by the fact of their immediate termination.

Your note, however, seems to imply that the United States and Brazil had contracted an obligation not to terminate the arrangement between them in any manner whatsoever, except that stipulated in the communications exchanged on January 31, 1891. There is no disposition on the part of this Government to avoid the question thus raised.

The circunstances under which the late commercial arrangement between the United States and Brazil was negociated, are disclosed in the official correspondence that preceded its conclusion. It appears that on the 3rd of november, 1890, the Secretary of State of the United States notified the Minister of Brazil in Washington, that, by the 3rd article of the tariff law then recently enacted, provission was made for the admission into the ports of the United States, free of duty, of sugar not above 16 Dutch standard, molasses, coffe, tea and hides; and that in the same section, it was declared that these remissions of duty were made «with a view to secure reciprocal trade with the countries producing those articles.» It was also stated that, whenever the President should become satisfied that «reciprocal favors» were not granted to the products of the United States in the countries referred to, it was made his duty to impose upon the articles above enumerated the rates of duty set forth in the section above cited.

In view of these facts, the Government of Brazil was invited to enter into a reciprocal arrangement, and the Secretary of State, in concluding his note, said:

<< In the happy event of an agreement between the two Governments, the same can be notified to each other and to the world by an official announcement simultane. ously issued by the Executive Departments of the United States of America and the United States of Brazil; and such an agreement can remain in force so long as neither Government shall definitely inform the other of its intention and decision to consider it at an end.>>

The Minister of Brazil in his response of January 31, 1891, ennumerated certain articles which his Government was prepared to admit either free or at reduced rates of duty, and announced that he held himself ready to agree «upon a time when an official announcement of this legislation may be simultaneously issued by the executive departments of the two Governments with the understanding that the commercial arrangement thus put in operation shall remain in force so long as neither Government shall definitely, at least three months in advance inform the other of its intention and decision to consider it at an end at the expiration of the time indicated; provided however that the termination of the commercial arrangement shall begin to take effect either on the 1st of January or on the 1st day of July.»