New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-12-11
TREATY PRECEDENTS.


The bearings of the Spanish treaty upon the
"most favored nation clauses" III similar con-
vcntions were discussed in yesterdays issue.
Quotations were given from the United States
statutes and commercial treaties which on Their
face seemed 10 impair the value Of the special
privileges and immuntics granted to Spanish
and American bottoms by Nj. Fosters treaty.
1t is necessary TO add that strong argument
can be made on the other hanL in favor OF the
validity of these provisions. Under the con
ycnton for the purchase of Louisiana. the
vessels of France and Spain, laden with the
products and manufactures of those nations,
were granted all the privileges OF American
ships in the ports Of the newly acquired terri
tory and French vessels in particular were ac-
corded in those ports all the privileges of the
"most favored nation" The construction to be
placed upon this clause was matter that was
earnestly discussed not only III Congress but
between nations. Mr.. Adams took the ground
that the United States were ut liberty TO make
special commercial arrangements with any one
Power, and that other Governments which had
stipulated for the most favored nation " treat
mcnt, had no right to demand similar con-
cessions gratuitously. This view has been
on international Law as Mr. Wheaton. In the
present instance, Spain and the United states
make concessions, each to the other. condition.
ally and not gratuitouSy; and no other nation
can derive equal benefits without making
compact on the same terms. The English,
French and German dipomatists, who are re-
ported to have protested at Madrid against this
treaty. could not have shared this view of the
operation of the "most favored nation princi-
pie. Indeed, it is not generally accepted.
In 1914 Mr. Wheaton concluded with the
King of Prussia. on behalf of the Xollvcrcia. Il
treaty containing reciprocal stipulations with
regard To tho rate OF duties therein enumerated
Reductions of customs were 10 be made in the
ports of the two Powers. but were 10 be applied
only 10 goods laden on vessels under one nag or
the other ard directly exported from and
carried into the ports of either country rms
master of international law in negotiating this
treaty rejected the idea that the benefits con
fcrrcd could bo shared gratutoasly by other
countries. which had been accorded by either
the United States or the Xollvcrcin the prvi-
lcgcs and immunitcs of "thc most favored
nation" At the same time he insisted that the
United States were free 10 make similar ar
rai,gcmcnts with other Powers reducing the
customs on certain articles and providing for
their exclusive transportation by ships sailing
under one or the other flag. This treaty, which
offers u close parallel to the Spanish cOnvcn
ton, was the work of diplomatist of un-
rivallcd reputation. While constituting the
"most favored nation clause " rs MIR. Adams
had DONE he admttcd that exclusive benefits
could not be conferred by special conventions.
and that either of the contracting parties woild
be at liberty to make the same concessions to
other nations.
1t follows from these considerations that some
of the best American prccedcnts sanction Mr..
Fosters construction of the most favored ma
ton principlc": namely, that other countri cs
cannot demand the same privileges gratui-
touslv. and that even when there is a treaty
stimulation. as in the case Of Belgium, guaran-
tecng the same favors under similar con-
litions, it is practically imperative. At the
same time Spain will be free under this view to
make special arrangements with France, Eng
land and Germany. by which the duties on the
whole list of articles included in the schcdll es
of the present treaty may be scaled down to
the same level. In that event the advanta ges
to he derived by American manufacturers and
food producers will disappear. As for the ton
mage dues port charges and other cI factions Ill
Cuba, which take up so much space in the text
of the convention, any Government having a.
treaty with the most favored nation clause
will be placed at once upon the same footiHy as
the United States.