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The measures just adopted here are based upon ideas already exhibited in the operations of the Secretary of the Treasury of the United States. I have, &c.,

HENRY W. HILLIARD.

No. 72.

Mr. Hilliard to Mr. Evarts.

No. 123.]

UNITED STATES LEGATION,
(Received September 29.)

Rio de Janeiro, September 4, 1879. SIR: The discussion of the scheme for an interoceanic canal has not only awakened interest in Europe, but I observe that it has attracted the attention of our own government. The scheme of M. de Lesseps for the construction of what is known as the Panama Canal, is presented by that gentleman in a way to make it seem both practicable and important.

It is remarkable that he has given to the scheme not only the sanction of his name, but he takes the responsibility of stating that the difficulties to be overcome are not so formidable as those encountered in making the Suez Canal.

*

There is another statement understood to have been made that is not so well founded: that M. de Lesseps has applied to the Emperor of Brazil to supply him with laborers for service in the accomplishment of his great task. It is said that 15,000 negroes will be furnished to M. de Lesseps under this arrangement. The application may have been made, but it will lead to nothing.

*

Independent of other considerations, the demand for labor in Brazil at this time is so great that one of the chief questions that now engross the attention of the imperial government is to determine upon some feasible plan for introducing foreign laborers into this country. At this very time the Brazilian Government proposes to induce laborers from China to emigrate to this country. The question is actually under discussion; it was the subject of debate in the Chamber of Deputies yesterday. One of the leading liberal members applied to me during the past week for information in regard to the policy of encouraging emigration from China, and, at his request, I was able to put into his hand some publications, made in the United States, bearing upon that question.

Some time last year Mr. de Sinimbu, the president of the council, called on me and discussed that subject with me. I gave him my views as to this question-an important one, not only in political economy, but in political science, as it seems to me and I could not speak encouragingly of the scheme. I said, among other things, "If these people come into your country you will never get clear of them." But such is the scarcity of labor in Brazil, compared with the vast extent of its territory, a scarcity heightened by the working out of the measure of the gradual abolition of slavery, wise and beneficent as that measure is, that the government will take some steps at an early day to induce emigration from China. It would be remarkable, then, if, in the presence

of such a great problem as this, the imperial government should consent to send laborers out of the country. Of course there are other considerations which would make it simply impossible for M. de Lesseps to obtain laborers from Brazil.

I thought it proper to make you acquainted with the information that has been conveyed to me in an authentic way, as to the proposed scheme of M. de Lesseps. He will draw no laborers from Brazil to aid him in the accomplishment of his great task, to construct an interoceanic canal.

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Rio de Janeiro, November 3, 1879. (Received November 28.) SIR: Two eminent Brazilian statesmen have recently died. General Osorio, Marquez do Herval, marshal of the army, senator, and minister of war, died on the 4th of October last, in the seventy-second year of his age. Of humble origin, he rose to a position of great dignity, power, and influence. He entered the imperial army in Rio Grande do Sul, the province of his birth, before he had completed his fifteenth year, as a private soldier, soon after the declaration of Brazilian independence. He was repeatedly promoted for his gallantry on the field of battle. In the war against Rosas he greatly distinguished himself, and won a national reputation while in command of Rio Grande lancers by a brilliant charge upon a battery of thirty-six pieces, achieving a signal victory.

After the termination of that war he took part in the political contests of Rio Grande do Sul, and became a recognized leader of the liberal party. In the war against Paraguay, General Osorio displayed the highest courage and rendered signal service to his country. At the great battle of Avahy, December 11, 1869, he was shot through the mouth while leading a charge in person on the enemy's lines. He soon recovered, returned to the field, and commanded the First Army Corps during the closing scenes of the war. He was made a field marshal in 1865; lieutenant-general in 1867, and field-marshal of the army in 1877. He was also successively honored with the titles of barão, visconde, and marquez do Herval, the name of a parish in his native province. In January, 1877, he was chosen senator from his province. On the 5th of January, 1878, he became a member of the new liberal cabinet, taking the portfolio of war.

His personal character was high, brave, frank, manly, sincere; he was honored and loved by the people throughout the empire. He always reminded me of General Taylor, our great soldier.

Consilheiro Domingos de Souza Leão, Barão de Villa Bella, late minister and secretary of state for foreign affairs, died in this city on the 18th of October last. He was born in the province of Pernambuco in 1818, educated for the bar, and graduated at the law school of Olinda, Portugal, in 1839. He belonged to one of the wealthiest and most in

fluential families in his province, and soon took an active part in polities. He was a liberal leader, and was elected deputy to the General Assembly in 1851. He continued to serve for several years. He subsequently became President of his province. On the formation of the present cabinet, January 5, 1878, he became minister and secretary of state for foreign affairs.

He retired from the cabinet some months since, at the same time with Mr. Silveira Martins, late minister of finance, because the ministry refused to carry out certain liberal measures; the most important, the granting full political rights to non-Catholics.

It will be remembered that I negotiated with Baron de Villa Bella, the treaty for the protection of trade-marks. He was a man of exalted character, of cultivated tastes, and of large views. He was a member of the Chamber of Deputies from Pernambuco at the time of his death. I have, &c.,

HENRY W. HILLIARD.

No. 135.]

No. 74.

Mr. Hilliard to Mr. Evarts.

UNITED STATES LEGATION,

Rio de Janeiro, November 3, 1879. (Received November 28.) SIR: On the 30th of last month His Majesty the Emperor proceeded in his usual style on such occasions to close the second session of the seventeenth legislature, and to open the extraordinary session which had been convened by imperial decree. The ceremony took place in the Senate chamber, and the state observed on the occasion was such as I have heretofore described.

Most of the important measures had been matured and adopted before the close of the late session of the General Assembly. The budget had been carried successfully through both houses, to the great satisfaction of the ministry. But one great measure, the electoral reform bill, which had been carried through the Chamber of Deputies, had not been acted upon by the Senate. It is to secure the adoption of this important reform that the extraordinary session has been called. But its fate is doubtful. I had a conversation with a leading member of the Chamber a day or two since, and I learn from him that the success of the measure is doubtful. It is his opinion that the Senate will not adopt it. If the Senate should reject the measure without making any amendment to the bill as it came from the Chamber, the result would be a dissolution of the legislature.

But still the measure may not be accomplished by an appeal to the the people. It is probable that the liberals will still control the new Chamber of Deputies by a large majority. The measure will again be brought forward by the ministry and it will be adopted. But in the Senate it may encounter the same opposition. It is impossible to fore-. see what will then occur. The ministry will be brought into direct conflict with the Senate. One or the other must recede. The Senate is a permanent body; its members hold their places for life. In the course of a few weeks we shall probably see the measure disposed of by the Senate for the present.

There is not much of importance in the speech from the throne. The

Emperor speaks with satisfaction of the peaceful and friendly relations which Brazil enjoys with other nations. He speaks of war between the republics on the Pacific coasts, and states that the Empire of Brazil is strictly neutral. He expresses an earnest wish to see peace restored. I have, &c.,

HENRY W. HILLIARD.

No. 136.]

No. 75.

Mr. Hilliard to Mr. Evarts.

UNITED STATES LEGATION,

Rio de Janeiro, November 15, 1879. (Received December 27.) SIR: In my last dispatch, dated November 3, I stated that His Majesty the Emperor had opened an extraordinary session of the General Assembly, and that it had been called to secure the adoption of the electoral reform bill, a measure that had passed the Chamber of Deputies, but which the Senate had not acted on. The measure was urged by the ministry with much force and earnestness, but without success. The Senate took up the measure, and after a vigorous discussion the bill was rejected by a large majority. The ministry could not command the support of their own party.

In the Senate but ten votes could be brought to the support of a measure regarded as so important. Liberal and conservative statesmen combined in opposition to the electoral reform bill, and it was hopelessly defeated.

It was supposed that the rejection of the bill would be immediately followed by an imperial decree dissolving the General Assembly. But it seems that, at a meeting of the ministry held the same day at the palace, it was decided not to adopt that extreme measure at this time, but merely to adjourn the session. The Emperor, therefore, signed a decree, on the 12th instant, adjourning the Legislature to the 15th of April next. Nothing more serious has yet followed the rejection of an important measure recommended by the Emperor and urged by the ministry.

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Mr. de Sinimbu is an able man, has large experience, an acquaintance with foreign countries, of fine temper, and of thorough integrity, an important quality in all statesmen and certainly not to be undervalued here. His administration has involved him in great labors, and exposed him to severe criticism. He has encountered opposition not only in the body of conservative statesmen whom he must confront, but some of the ablest men of his own party have refused to be led by him. His measures have met with resistance at every step, still he has borne himself well; he has never descended to a quarrel with his friends, he has treated his opponents with respect, he has defended the measures of the ministry with ability, and has at all times imparted a fine moral tone to his treatment of public questions. He entertains a profound respect for the institutions of our country and for our people, and he has expressed to me his sincere regard for the President as a statesman and his approval of the measures of the administration.

The senators hold their places for life, and would not be affected by a

decree of dissolution. In that permanent body the great measure of the ministry was defeated.

The Chamber of Deputies, an elective body, is thoroughly liberal. It passed the electoral reform bill by an overwhelming majority; why, then, should the Chamber be dissolved, and the seats of the liberal members be imperiled? Would this punish a refractory conservative Senate? Would it strengten the position of the ministry? Still, it is said in political circles that upon the reassembling of the Legislature, in April, an imperial decree of dissolution will be read.

It is supposed that an appeal to the country would result in such a decided liberal triumph that the ministry would be able to press the electoral reform bill upon the Chambers with increased advantages. They might claim to have not only the sanction of the Emperor, but a popular indorsement of the measure. It seems to me, however, more probable that when the session of the General Assembly is opened, in April, another effort will be made to pass an electoral reform bill in some shape. The bill which was rejected in the Senate may be so modified as to make it acceptable to the majority of that body.

In the event of failure, then a decree of dissolution would certainly follow. The ministry could then go before the country and gain time to strengthen their position. I still think that the liberal party will continue to hold power for some time to come. It must be borne in mind that the electoral reform bill owes its defeat not to conservatives alone; it was vigorously opposed by several leading liberal senators. There are other important measures of the ministry which I propose to examine in a future dispatch. The affairs of Brazil are unsettled and the condition of the country requires wise and comprehensive statesmanship. Its financial condition is improved. Its industrial state is far from satisfactory; the labor question is a difficult problem, and is at this time attracting the anxious attention of the Government.

I have, &c.,

HENRY W. HILLIARD.

No. 76.

Mr. Evarts to Mr. Hilliard.

No. 89.]

DEPARTMENT OF STATE,

Washington, December 1, 1879. SIR: With reference to possible inquiry being made of you concerning the effects of the recent decision of the Supreme Court declaring the unconstitutionality of the trade-mark act of July 8, 1870, I transmit herewith for your personal perusal and information a copy of that decis ion.* As you will perceive, the treaty-making aspect of the question is left untouched, but it may become a subject for future examination how far the declaratory clause of the recent trade-mark agreement between the United States and Brazil, which gives to the citizens of Brazil in the United States the same rights and privileges as American citizens, may in the absence of the "most favored nation" clause, confer upon them the special privileges of registry and civil suit guaranteed to foreigners, as such, by the operation of certain existing trade-mark con

See instruction No. 142, of Dec. 19, 1879, to Mr. Kasson, ante, page 38.

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