The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-11

WASHINGTON, Jan. 10, 1875.
COMMERCIAL RECIPROCITY WITH FOREIGN coUN- |
TRIEs-THE MOST FAVORED NATION CLAUSE: |
ITS INTENT AND OPERATION.
The question OF special reciprocity treaties is
arrestng the attention OF our publlc men. 1t was
not supposed that the sovereign right OF a country
to make a treaty OF this character would ever be
called in question after the negotiation and rat
acatiOn or the treaty with the British government
IN 1854. made for the purpose OF promoting the
commercial rela atoms between the United states
and the British North American Provinces; but
apprehension has been expressed that claims to
advantages OF a special treaty might be made by
other countries having general treaties with this
country, by virtue OF the most favored nation
clause. The gross injustice OF claims Of this char
acter is apparent. While general treaties are |
designed to promote friendship and commerce a |
special reciprocity treaty il based the princi-
pie OF each party giving to the other some special
privilege and advantage 1t Is In the nature OF q
special contract, made Tor a mutual considera-
ton, and 1t woulu be dishOnorable In any nation
to attempt to derive advantages from a treaty for
| which another nation has paid al equivalent.
But in all questions or law, international as well
as common and CIVIL authorities more con-
| elusive than reasoning. AS our authority for the
| principle We refer to the Canadian treaty, which
! was negotiated by MI. Marcy, Secretary of State,
| who was one OF the most eminent statesmen OF
| his time, ana ratified by the Senate, which was
them as 1t IL now. distinguished for Its learning
| on oil questions or International law. In o short
time a1terWards Mr.. Marcy negotiated q treaty
with the Hawaiian government involving the
same principle OF mutual exchange OF products,
and subsequently Mr.. seward, while Secretary OF
State, directed his Minister Resident at the Islands
to negotiate similar treaty. There was no
| hat
ada In the details; but this in the principle OF
mutual exchange without duty.
| The Hawaiian treaty was, in the fullest extent,
mutual The produce OF the islands which would
have been wholly brought TO the Pacific coast, was
sugar, tropical fruits, &C, which not raised
that coast, for which they would have received
| from the United States such produce or manufac-
| lures as are not grown or made on the islands.
| treaty was made between the Hawaiian Kingdom
and France, In 1859, IN which was mutually granted
certain special privileges on the part OF each
country. The British Commissioner claimed the
! same privileges, by virtue OF the most favored
nation clause Of the British treaty, az the French
| enjoyed by the special provision OF their treaty
which was denied by the Hawaiian government,
upon which the British Commissioner addressed
note TO his own government and received the
following reply:-
| FOREIGN OFFICE, June TO- 1867
| SIR-LOrd Stanley has had under his Considera.
ton, aud has consulted the proper law officer or
ts- .'-"-n """n vnnr dAsnAtch No 6 Of tha 7th a
Mat;e regarding Ehe question as to tho ;,snt Of
at Honolulu, to claim under the most favored ma.
SsS s saMs po fyeges Wsa respect to
! vessels OF their respective nations in Hawaiian
ports, as were granted 70 FrspGh consu!s BY the
treaty between France aud Aawal Of the 2s!n Of
Tam 10 state to YOU in reply that am advIsss
that she Hawaiian Foreign Minister has taken =
correct view OF me construction Of the French
| and English treaties, and that Her MaJesty's gov
ornament Is not entitled to claim under the most
favored nation clause OF the treaty with Hawai- of
| the 10th OF July, 1851 the peculiar privileges
granted to the French Consul by the twenty.firs5
| article OF the French treaty.
! This article Is one OF reciprocity and unless Var
MaJestys government Is able and ready to
| concede to the Hawaiian Consul the same eXcu.
board Hawaiian vessels IN British ports, Ut It
cannot claim Tor Her Majesty's Consul such jnrls.
diction over British subjects on board British yes
sells IN Hawaiian ports. l am, sir your most
oGedlent, humble servant Z. HAMMOND.
10 Major j. Ii. WoDEHoUsE, Honolulu.
few years since treaty was made between
the Portuguese and French governments, and MIR.
Akroyd, who was member OF the British House
OF Commons. asked the Secretary of State for
Foreign Affairs, "whether he was aware that
treaty OF commerce had recently been concluded
between the Portuguese and French govern
ments' admitting French goods on more favorable
terms than heretofore, and thus 10 the comoetl.
tive disadvantage OF the British manu- acturer1
Lord Stanley in reply, said-.'In answer to the
question OF the honorable member, beg to state
that treaty OF commerce has recently been con-
Guided between the Portuguese and French
governments, admitting French goods on more
favorable terms than heretofore, to the compe,it,ve
disadvantage OF the British manufacturer I
have to state that l am aware that IL ia
the case. but nasmucn as that has been
done In return Tor certain special concessions
granted by the government OF France the ex
listing treatles between England and Portugal do
not give us any right to protest or complain on
. that account" From the dependencies OF Spain
and from Brazil our principal importations OF
sugar are made. Our treaty with Spain does not
contain what is usually termed the most favored
nation clause, and The treaty with Brazil "in al,
parts relating to commerce and navIgation,n
ceased and determined December IL ls41, pursu
ant to notice given by the Brazilian government
so lar as we have examined our treaties are well
guarded IN this particular. Many countries OF
Europe have made special reciprocity treaties and
we are not aware that any difficulties have
arisen Win other nations in relation to them There
are out lew nations with whom We can advanta-
geously make q treaty OF this character; bur when
like the Sandwich Islands, the products or the two
countries are dissimllar and their associations
most intimate great advantages Will result from
l~ ~ Is matter OF justice TO the people Of the
Pacific coast OF the United States that this treaty
should be made. 1t Is due to them for the promo. !
ton OF their trade and for their future protection
There is something due to the Americans at the |
islands, who have done much to promote the
Christian civilization OF that Interesting people.
They have furnished valuable commerce to this
country for many years, and sustain there an
American influence which has undoubtedly kept
the islands IRON the control OF some one of the
great Powers OF Europe.
EQOM OLD QECIL 40 HOppcc Q0Ain