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arisen as to the manner of effecting that sale, the Brazilian Government understanding that the coffee under litigation was simply to be sold in the customary way and the American Government understanding that the sale was to be made "in the open market." The Attorney General would thus achieve through friendly arrangement what he did not obtain from the court in New York as a preliminary measure in the civil suit he had instituted. But there was no time for a discussion of the disputed interpretation of the arrangement. On the 16th of January the Coffee Valorization Committee of the State of São Paulo met in London and announced that they had sold and disposed of its stock in New York to eighty roasters scattered in twenty States of the Union. In order to dispel any doubt as to the good faith of the sale, the committee confidentially furnished the Embassy of Brazil with the list of the eighty several buyers. It was explained that secrecy was enjoined in accordance with the usage of trade, it being contrary to practice for sellers to publish the names of buyers. But this does not prevent the Embassy from asserting, from the enumeration it has before it, that the sale of the valorization coffee deposited in New York was bona fide, without restrictions and for actual consumption in the United States.

The Brazilian Government desires the dismissal of the case, which stands as an obstacle to perfect harmony in the relations of the two countries and was instituted by the Attorney General of the United States without previous notice to the Brazilian Embassy or the Department of State itself and is still prosecuted after the object, which was the sale and distribution of the coffee deposited in New York, has been accomplished.

And in compliance with its duty as representative of Brazilian interests abroad, the Brazilian Government would also like to hear from the American Government if it proposes that the operation of the Norris Act or of the law it amended is intended to exclude the remainder of the valorization coffee, or to prevent its deposit and regular sale in the United States or, in general terms, what will be the probable effects of those acts on the exchange of merchandise in the now rapidly growing trade between the United States and Brazil. EMBASSY OF BRAZIL,

Washington, March 31, 1913.

File No. 832.61333/159a.

The Secretary of State to the Ambassador of Brazil.

DEPARTMENT OF STATE, Washington, April 22, 1913. EXCELLENCY: I have the honor to inform you that in answer to my inquiry directed to the Attorney General asking him whether the statement of the Brazilian Ambassador is sufficient to justify the withdrawing of the suit in the valorization case, I am advised that it is the opinion of the Attorney General that the Ambassador's statement together with facts already within the knowledge of the Attorney General constitute sufficient ground for such action and that he has accordingly directed the District Attorney at New York to enter a 140322°-FR 1913- -5

decree to the effect. Following the custom of the Department not to give an opinion upon a hypothetical case concerning the effect of congressional legislation, he does not decide the second question, namely, whether a new suit should be brought in case of a repetition of the acts upon which the former suit was based, and he would not therefore give assurance as to modification or nonenforcement of the acts in question. I have written him in line with our conversation asking him to notify this Department in advance before commencing suit in case a future cause of action should arise so that I may take up with you the question of securing through the action of your Government the same result that could be reached through a suit.

Accept [etc.]


File No. 832.61333/160.

The Ambassador of Brazil to the Secretary of State.


EMBASSY OF BRAZIL, Washington, April 24, 1913.

Mr. SECRETARY OF STATE: I had the honor to receive the note of the 22d instant in which your excellency was pleased to communicate to me the reply of the Attorney General of the United States regarding the suppression of the suit begun by the American courts against the valorization of the coffee of the State of São Paulo. It is stated therein that my declaration, together with the information now in the possession of that Department would be sufficient to justify this suppression, instructions for which purpose were issued to the Attorney for the District of New York. The Attorney General adds that, as it is not the custom of his Department to issue an opinion on possibilities in the application of laws, he can not say whether a similar lawsuit would be repeated under analogous conditions, nor can he promise the modification or the non-application of such laws.

I also thank your excellency for the information that you gave me on the same occasion that you had requested the Department of Justice that, should there occur in the future any reason for a similar lawsuit, due information would be furnished to the State Department thereof, so that when this Embassy was informed we could through Governmental action obtain the same result which judicial proceedings would entail.

I informed my Government of your excellency's communication by telegraph, and have [etc.]


Message of the President of Brazil to Congress, May 3, 1913.


The proceedings relating to sales of coffee from the valorization stock, instituted in the United States, have been happily ended and the two Governments have arrived at an understanding whereby the

existing stock can be placed on the market without valorization. Through the medium of our Embassy at Washington our Foreign Office declared that the sales had been bona fide, whereupon the Attorney General of the United States, satisfied with that assurance, also declared that the American Government would not prosecute the matter further.


File No. 033,3211/3.

The American Ambassador to the Secretary of State.

No. 124.]



Rio de Janeiro, February 11, 1913. SIR: Referring to the Embassy's despatch No. 11' of the 30th ulto. I have the honor to enclose a copy of the personal letter which I addressed on January 21st last to Dr. Lauro Müller, the Brazilian Minister for Foreign Affairs.

I have [etc.]



The American Ambassador to the Minister for Foreign Affairs of Brazil.


Rio de Janeiro, January 21, 1913.

MY DEAR DR. LAURO MÜLLER: Among the many subjects upon which I have the satisfaction of feeling that we maintain views in common, there is none upon which I venture to believe we more heartily agree than in our mutual belief that the distinguished and influential citizens of Brazil and the United States should become more thoroughly acquainted. My fellow citizens and yours entertain a similar point of view on so many matters, that an increase in their personal knowledge of each other cannot fail to substantially promote their common respect and regard. The visit which the Honorable Elihu Root, in his official capacity as Secretary of State, made to Brazil, and, incidentally, to other nations of this continent during the Third Pan-American Conference, did more than any other one event not only to strengthen, but to demonstrate and justify, the existing and ever-increasing friendly relations between Brazil and the United States.

Since entering upon my present mission, I have been exceedingly desirous that my Government and people should secure a similar opportunity for making and enjoying the acquaintance of a Brazilian statesman of the first rank and of demonstrating their warm friendship for this country, as was afforded the Government and people of Brazil during Mr. Root's visit. My Government is in complete and decided accord with this desire, concerning which the Embassy has communicated with the Department of State, and I am instructed to say that, in case the Government of Brazil should find it opportune to send you

A complete and illustrated account of this visit may be found in the Bulletin of the Pan American Union for July, 1913. * Should be 116. Not printed.

in your official capacity as Minister for Forein Affairs to repay the visit which Secretary Root made to this country in 1906, you would be most cordially and heartily welcomed as the guest of the Nation, which would endeavor to afford you an opportunity of seeing as much of our country, under favorable auspices, as the duration of your visit would allow.

With a sincere expression of regard and :ympathy, I have [etc.]

File No. 033.3211/9.

The American Ambassador to the Secretary of State.



Rio de Janeiro, May 16, 1913.

The Minister for Foreign Affairs will sail May 17 on the dreadnaught Minas Geraes, will arrive between June 7 and 10, and will remain about three weeks in the United States.


File No. 033.3211/15.

The American Ambassador to the Secretary of State.


Rio de Janeiro, May 27, 1913.

The following list of the personnel of Doctor Müller's party, giving order of precedence, was furnished by the Foreign Office:

Doctor Lauro Müller, Minister for Foreign Affairs;

Doctor Raul Regis de Oliveira, Minister Resident in Cuba and now in the United States;

Captain Thedin Costa, commanding the Minas Geraes;
Doctor Helio Lobo, Secretary to the Mission;

Captain of frigate Antonio Sampaio, Naval Aide to the Mission; Doctor Alberto Jorge de Ipanema Moreira, First Secretary of the Legation and Second Secretary to the Mission;

Captain of engineers Antonio José da Fonseca, Military Attaché to the Brazilian Embassy at Washington and Military Aide to the Mission;

Capitao Tenente Leopoldo Nobrega Moreira, of the Minas Geraes and Naval Aide to the Minister.

Doctor José Custodio Alves de Lima, Private Secretary to the Minister;

Lieutenant Euclides da Fonseca, Military Aide to the Minister; Senhor Maurice Nabuco, attached to the Mission and son of the late Brazilian Ambassador at Washington.

Also accompanying the party is the sixteen-year-old son of the Minister, Lauro Müller junior.


File No. 033.3211/27a.

The Third Assistant Secretary of State to the Honorable Elihu Root.


Washington, June 6, 1913.

Secretaries of State, War and Navy leave Washington on Mayflower Monday June ninth at four p. m. to meet Doctor Lauro Müller, Minister for Foreign Affairs of Brazil, who comes as Ambassador of Brazil on Special Mission to return your visit to South America as Secretary of State. The Secretary of State desires you to join the receiving party on the Mayflower. We are just in receipt of cable message as to exact time of arrival of Doctor Müller and hasten to extend invitation.


NOTE.-On June 10 a reception committee aboard the Mayflower, Sylph, and Dolphin met the Ambassador and suite at Hampton Roads: The Ambassador of Brazil, Sr. da Gama, and members of the Embassy; the Secretary of the President, Mr. Tumulty; the Secretary and the Third Assistant Secretary of State; representatives of the Departments of War and Navy; Senator Root; the Director General of the Pan American Union; and others. The Mina Geraes was escorted by the war ships Florida, Arkansas, Beale, Perkins and others to Fortress Monroe, with appropriate honors.

On June 11 the Ambassador and suite, transferred to the Mayflower, were accompanied by the committee to their hotel in Washington, escorted by the 15th United States Cavalry. Calls by members of the Cabinet. Formal reception by the President. A call upon the Secretary of State. Drive about the city. Dinner at the Brazilian Embassy. Reception at the White House.

June 12.-Luncheon at the Pan American Union. A banquet at the residence of the Secretary of State.

The ensuing days were filled with functions both formal and informal, and visits to places of interest. In the Senate Chamber, Doctor Müller left his card on the desk of Senator Root, on the 12th; on the 13th he called upon the Vice President at the Capitol, and was entertained at dinner by the Secretary of War. On the 14th Doctor Müller laid upon the tomb of Washington a wreath inscribed "The homage of Brazil to George Washington."


File No. 033.3211/51.

The American Ambassador to the Secretary of State.

No. 190.]

AMERICAN EMBASSY, Rio de Janeiro, June 17, 1913. SIR: I have the honor to report that President Marshal Hermes da Fonseca expressed to me last evening his warm personal gratification

In 1876 the Emperor of Brazil, Dom Pedro II, planted the tree that spreads abovo the tomb.

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