New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-26
BRAZIL MAY DEMAND A REFUND.

POSSIBLE MEANING OF HER NOTICE OF ABhouA-
TON OF THE RECIPROCITY TREATY.
Washington, Sept % (SpeciaD.-The formal NOUN
cation given by the Government OF brazii Oh n'
intention to terminate the treaty OF reciprocity
which it entered into with the United states III
President Harrison's Administration may prove
after all to be something more than a mere matter
Of form. 1t Is true that as such the Department Vi
State desires it to be regarded. and It's oihc'ais
therefore pretend to attach little or no Importance
TO the notice Of abrogaton. There are good inter-
national lawyers. however. who maintain that the
action OF Brazil is only a step In the direcuoh
of LAYING the foundation for future claim Tor
refund of duties II this view should prove cor
rect 1t would not only deprive the Treasury Oh
very substantial portion OF its revenues ior the
current fiscal year, but 1t would also saddle TINS
Government with diplomatic controversy WHICH,
If it had been foreseen by them might have maze
even the tariff smashers of the LID Congress
hesitate before enactng their great reform meas
ure. -.
The reciprocity treaty with Brazil was inc NiS'
OF the commercial conventions concluded py the
Administration Of President Harrison Inc neso-
tiations which preceded its ratification were De-
gun In 1859 while the Pan-Amerlcan Conference
was holding its sttings in this city. and they were
SIN nendinc while the MckIey TariT act was
under consideration In Congress. The outlines Vi
the reciprocity section of that act were peihs us
cussed in the Finance Committee or the SENATE
and though their tenor and purport were pretty
we'll known. yet there was good deal OF uhcei-
talnty as to the precise form which the proposed
LEGISLATION would take. For reasons best known TO
the representatives of the brazilian Government d
prompt and speedy agreement between the ieso-
tiators OF the treaty was repeatedly urged by ,he
authorities at Rio. and there was no reason why
such request should not be granted by the Chiteu
States The treaty, therefore, was practicaHy con-
o,.,,od hafo he Mckinley act went into erect,
and when finally ratified by the Senate ana pro-
claimed by the President. It was accompanied u! d"
agreement In writing. providing for its abrosa'ion
upon due notice being given by either party III
this case three months notice was to be given
and the treaty could be terminated e'ther oii '"'''
airy or July in any year
The brazilian treaty is the only one OF the reel
procity conventions to which TINS INCONSISTENCIES a"
tached All others are termiiabie WITHOUT ho''0e
or by legislative action. In certain sehse' 'neie
fore the trainers OF the later treaties admitted the
error committed In the agreement accompanying
tho earlier treaty. That error consisted IN at
tempting to bind Congress to the action OF the I'm
ecutive a thing impossible Of course frec'Sey
what those who negotiated the BraZAiah "ea's
dld not foresee at the time has no" occurreu'
Congress has seen fit 10 abrogate without wa'"'"S
a treaty which practically provided that due no
,,co Of such abrogation should be given Under
the INTERPRETATION OF this particular treaty II coud
not have been terminated before January next
sc1or Nendonca the Brazilian Minister in an
interview to-day, said:
Rrazils action is a necessary sequel 10 the ehict-
and there is no significance in the action OF my
country beyond it's doing It's part toward tctihi
mating a treaty which the tarin law ltscil aplo-
,sates PrazI has acted, however, in strict CON
formity to the original agreement, empo'ieu N
notes between Mr.. Blaine and myself eN'haiscu
v,heu the treaty was signed. These give either
country the privilege of renouncng the treaty oiI
Iulv ! or January | of any given year py sNlntS
three months notice The tariff law served 70 az.
rorato the treaty without any notice TO BraZi put
our Government saw lit to give the full three
uonthG' notice. The effect l. 20 make the new
,nrr rates exist against brazilian imports since Aus
net ~ last while the low reciprocity rates ioi
American goods Will remain until january III
Brazil
This anxiety OF the Brazilian Government 10 ac,
elm strict conformity the original agreement IS
believed 70 conceal as has already been suggested
s,ons leading TO the recovery of duties paid III
..,c.ss over those rates 10 which Brazil woud
bav. heen entitled to under her reciprocity agree
mon, In the case OF sugar. the principal article
~ i,nport except coffee. which pays no duty this
refund for the period OF six months would De yer!
large In regard to other articles. II may De sa'u
thar Rrazu has everything to gain ana nothihS 10
lose She can impose such duties as she may de-
,.rulne upon american products entering Brazil
,,hlla under the Corman-Br.ce bill the principal
,rnluci Of Brazil will continue 10 come mo nv
ir,,cd states free of duty. Thus there VIII De no
ztl's PRODUCTS bu, she squeeze American PROB
h.rh hearts content. II Is cOnsiiereu very
,rnhable that the former duties Levied by BRAIN
mon American products Will be reimposed'