Office of the Historian

File No. 836/94–100.

Ambassador Dudley to the Secretary of State.

[Extract.]
American Embassy,
Petropolis, January 28, 1908.
No. 126.]

Sir: I have the honor to report that the budget law for 1908 continues in force by its article 13 the provisions of article 18 of law No. 1452, of December 30, 1905, which itself continues in force the provisions of article 6 of law No. 1144 of December 30, 1903, which refers to the 20 per cent differential tariff to be accorded to certain imports from countries which make concessions to commodities of Brazilian production, such as coffee.

On the 3d instant I telegraphed the department as follows:1

On January 2, 1908, I addressed an official note to the foreign office, a copy of which is herewith inclosed, by which I requested [Page 49] then an executive decree, putting the authorization into force, be promulgated at the earliest possible moment. On the 10th instant the foreign minister sent me a reply, a copy and translation of which are inclosed, stating that the matter had been referred to the finance department.

On the 11th instant the desired executive decree was signed by the President and was published in the Diario Official of the 14th instant. Duplicate copies and a translation of the decree are herewith inclosed.

On the 16th instant I received the department’s telegraphic instruction of the 15th, which I have the honor to confirm as follows:1

On receipt of which I sent the following telegram to the foreign office:

My Government cables me that it assumes that the decree signed by His Excellency the President of Brazil January 11 puts reduction of 20 per cent in force retroactively as from January 1, and instructs me to cable whether this is correct.

Failing to receive any reply, either official or unofficial to my telegram, I requested Secretary Lorillard to write to the director general of the ministry of foreign relations, on the 23d instant, for information in the premises. On the following day the director general replied, stating that the executive decree became operative on the 17th instant. A copy of Mr. Lorillard’s letter and the director’s reply are herewith inclosed.

In view of the fact that last year the executive decree was signed on the 10th of January and was in force retroactively from January 1, the surplus duties collected previous to the date of the decree being returned (see note from foreign office to Mr. Lorillard, chargé, of January 28, 1907, a copy and translation of which accompanied the embassy’s No. 102 of January 30, 19072), on the 25th instant I addressed a further note to the foreign office, inquiring whether the 20 per cent reduction is not in force from January 1, 1908. A copy of this note is also inclosed.

My last telegram to the department on the subject was as follows:

Unofficially informed executive decree January 11 not retroactive, but propose claim refund.

I have, etc.,

Irving B. Dudley.
[Inclosure 1.]

Ambassador Dudley to the Minister for Foreign Affairs.

American Embassy,
Rio de Janeiro, January 2, 1908.
No. 83.]

Monsieur le Ministre: A part of article 13 of the budget law for the current year, which was promulgated in the Diario Oficial of yesterday’s date, continues during the present year the provisions of article 18 of law No. 1452 of December 30, 1905, which grants a differential tariff scale of 20 per cent in favor of certain articles imported into Brazil from countries which make tariff concessions to Brazilian productions such as coffee.

Knowing that it is the intention of your excellency’s Government to continue during the current year the same favor as was granted to certain articles imported from the United States of America during the whole of the past year [Page 50] and in order that the same reduction, duly authorized by Congress, may be enjoyed during the entire year, I beg that your excellency will see fit to suggest that the executive decree, whereby the authorization is put into force, be promulgated at the earliest possible moment.

Be pleased to accept, etc.,

Irving B. Dudley.
[Inclosure 2.—Translation.]

The Minister for Foreign Affairs to Ambassador Dudley.

Foreign Office,
January 10, 1908.

Mr. Ambassador: I have the honor to acknowledge the receipt of your No. 83 which your excellency addressed to me on the 2d instant, requesting that the decree conceding a reduction of 20 per cent on certain articles of American origin under the law in force should be given publicity with the least possible delay.

Assuring your excellency that I have already transmitted your request to the ministery of fazenda, I approve the occasion to reiterate, etc.,

Rio-Branco.
[Inclosure 3.—Translation.]

Decree No. 6820, of January 11, 1908.

Orders that during the current year decree No. 6079, of June 30, 1906, be observed.

The President of the Republic of the United States of Brazil, making use of the authorization contained in article 18 of law No. 1452, of December 30, 1905, renewed by article 13 of law No. 1837, of December 31, 1907, decides that, during the actual year, decree No. 6079, of June 30, 1906, shall be observed.

Rio de Janeiro, January 11, 1908, 20th of the Republic.

  • Affonso Augusto Moreira Denna.
  • Davis Campista.
  1. Supra.↩
  2. Supra.↩
  3. See Foreign Relations, 1907, p. 93.↩