Mr. Hay to Mr. White.
Washington, April 8, 1899.
Sir: Your dispatch No. 804, dated March 27, 1899, communicates the views of Count Pasadowsky, minister of the interior, respecting the interpretation of the most-favored-nation clauses of our treaty. It may be convenient to you to recall a previous occasion when the subject was discussed on the part of Germany.
The question appears to have arisen between Germany and Hawaii in 1878, as a result of the reciprocity convention of 1875 between the United States and Hawaii. The Hawaiian special envoy to Berlin, Mr. Carter, discussed it at that time, and reported to his Government that “an article was framed by which it was agreed that the special advantages granted to the Government of the United States in consideration of equivalent advantages should not in any case be invoked in favor of Germany.” (See Foreign Relations of United States, 1878, p. 403; also pp. 382 and 405.)
While we do not deny the right of Germany to adopt the same construction which controls the action of this Government, it should be remembered that whatever construction is adopted it must be applied uniformly to all governments whose interests are protected by the like treaty clauses. Otherwise Article XXVI of the convention would be violated. If the compensatory privileges should be extended to any third nation, which has given no special compensation for them, it is evident that as to that nation the grant would be gratuitous, and, by the express provision of Article XXVI, “Shall immediately become common to the other party, freely.”
This point should not be overlooked in any serious discussion of the subject on the part of your embassy. It is evident that Germany can not apply one construction in her relations with this Government and another in her relations with an European government.
I am, etc.,