No. 76.
Mr. Evarts
to Mr. Hilliard.
Washington, December 1, 1879.
Sir: With reference to possible inquiry being made of you concerning the effects of the recent decision of the Supreme Court declaring the unconstitutionality of the trade-mark act of July 8, 1870, I transmit herewith for your personal perusal and information a copy of that decision.* As you will perceive, the treaty-making aspect of the question is left untouched, but it may become a subject for future examination how far the declaratory clause of the recent trade-mark agreement between the United States and Brazil, which gives to the citizens of Brazil in the United States the same rights and privileges as American citizens, may in the absence of the “most favored nation” clause, confer upon them the special privileges of registry and civil suit guaranteed to foreigners, as such, by the operation of certain existing trade-mark conventions. [Page 91] You will be cautious not to commit this Government to the expression of any opinion on this point, should your views thereon be solicited.
I am, &c.,