The Sun.
London, England, 1845-12-23 00:00:00

THE PRUSSIAN TREATY.

A question has lately arisen under the tenth article of
the subsisting treaty between the United States and
Prussia. By this article, the Consuls of the two coun-
tries have the right to sit as judges and arbitrators " in
such differences as may arise between the captains and
crews of the vessels belonging to the nation whose inte-
rests are committed to their charge, without the interfe-
rence of the local authorities, unless the conduct of the
crews or of the captain should disturb the order or
tranquillity of the country ; or the said Consuls should
require their assistance to cause their decisions to be
carried into effect or supported."
The Prussian Consul at New Bedford, in June, 1844,
applied to ➢lr. Justice Story to carry into effect a deci-
sion made by him between the captain and crew of the
Prussian ship Burusisa ; but the request was refused on
the ground that, without previous legislation by Con-
gress, the judiciary did not possess the power to give
effect to this article of the treaty. The Prussian Go-
vernment, through their Minister here, have complained
of this violation of the treaty, and have asked the Go-
vernment of the United States to adopt the necessary
measures to prevent similar violence hereafter. Good
faith to Prussia, as well as to other nations with
whom we have similar treaty stipulations, requires
that these should be faithfully observed. I have deemed
it proper, therefore, to lay the subject before Congress,
and to recommend such legislation as may be necessary
to give effect to these treaty obligations.
SPANISH. (NAVIGATION) TREATY.

By virtue of an arrangement made between the
Spanish Government and that of the United States, in
December, 1831, American vessels, since the 29th of
April, 1832, have been admitted to entry in the ports
of Spain, including those of the Balearic and Canary
Islands, on payment of the same tonnage duty of five
cents per ton, as though they had been Spanish vessels ;
and this, whether our vessels arrive in Spain directly
from the United States, or indirectly from any other
country. When Congress, by the Act of July 13, 1828,
gave effect to this arrangement between the two Go-
vernments, they confined the reduction of tonnage duty
mordy to Spanish vessels 6. coming from a port in
Spain," leaving the former discriminating duty to remain
agairlst such vessels coming from a port in any other
country. It is manifestly unjust that, whilst American
vessels, arriving in the ports of Spain from other coun-
tries, pay no more duty than Spanish vessels, Spanlsh
vessels arriving in the ports of the United States from
other countries should be subjected to heavy discrimi-
nating tonnage duties. This is neither equality nor
reciprocity, and is in violation of the arrangement
concluded in December, 1831, between the two
countries. The Spanish Government have made re-
peated and earnest remonstrances against this inequality,
and the favourable attention of Congress has been se-
veral times invohcd to the subject by my predecessors.
I recommend as an act of justice to Spain that this in-
equality be removed by Congress, and that the discri-
minating duties which have been levied under the Act
of the 13th July, 1832, on Spanish vessels coming to the
United States from any other foreign country, be re-
funded. This recommendation does not embrace Spa-
nish vessels arriving in the United States from Cuba

and Porto Rico, which . will still remala subject to t h
provisions of the Act of. June 30, 1834, concerning ton-
nage duty on such vessels.
By the Act of the 14th of July, 1832, coff e was
exempted from duty altogether. This exemption was
universal, without reference to the country where it was
produced, or the national character of the vessel in
which it was imported. By the tariff of the 30th of
August, 1842, this exemption from duty was restricted
to coffee imported in American vessels from the place of
its production ; whilst eoff.e imported under all other
circumstances was subjected to a duty of 20 per cent.
ad valorem. Under this Act, and our existing treaty
with the King of the Netherlands, Java coffee im
ported from the European ports of that kingdom
into the United States, whether in Dutch or
American vessels, now pays this rate of duty.
The Government of the Netherlands complains that
such a discriminating duty should have been imposed
on coffee the production of one of its colonies, and which
is chiefly brought from Java to the ports of that kingdom,
and exported from thence to foreign countries. Our
trade with the Netherlands is highly beneficial to both
countries, and our relations with them have ever het n Of
the most friendly character. Under all the circum-
stances of the ease, I recommend that this discrimination
should be abolished, and that the coffee of Java imported
frotn the Netherlands be placed upon the seine tooting
with that imported directly from Brazil and other coun-
tries where it is produced.
Under the eighth section of the Tariff Act of the 30th
of August, 1842, a duty of 15 cents per gallon was im-
posed on port wine in casks, while on the red wines of
several other countries, when imported in casks, a duty
of only six cents per gallon was imposed. This di-cri-
rninhttion, ma far as regarded the port wine of Portm.,al,

tare of the kingdom and posse*sions of Portugal, than
such as are or shall be payable on tho like article
b*-ing the growth, produce, or manufacture of any
other foreign country." Accordingly, to give ("five t
to the treaty, as well as to the intention of
Congress, expressed in a proviso to the Tariff Act itself,
that nothing therein contained should be so construed as
to interfere with subsisting treaties with foreign nations,
a Treasury circular was issued on the 16th of July, 1844,
which, among other things, declared the duty n the
port wine of Portugal, in casks, under the existing laws
and treaty, to be six cents per gallon, and directed that
the excess of duty which had been collected on such
wine should be retunded. By virtue of another clause
in the same section of the Act, it is provided that all
imitations of port, or any other wines, " shalt be subject
to the duty provided for the genuine article." Imitations
of port wine, the production of France, are imported to
some extent into the United States ; and the Govern
ment of that country now claims that, under a correct
construction of the Act, these imitations ought nut to
pay a higher duty than that imposed upon the original
port wine of Portugal. It appears to me to be unequal
and unjust, that French imitations of port wine should
be subjected to a duty of fifteen cents, while the more
valuable article from Portugal should pay a duty of six
cents only. per gallon. I therefore recommend to Con-
gress such legislation as may be necessary to correct the
inequality.

TEXAN CLAIMS.
The late President, in his annual message of December
last, recommended an appropriation to satisfy the claims
of the Texan Government against the United States,
which had been previously adjusted, so far as the powers
of the Executive extend. These claims arose out of the
act of disarming a body of Texan troops under the com-
mand of Major Snively, by an officer in the service of
the United States, acting under the orders of our Go-
vernment ; and the forcible entry into the Custom
House, at Bryarly's landing, on Red River, by certain
citizens of the United States, and taking away therefrom
the goods seized by the collector of customs as forfeited
under the laws of Texas. This was an liquidated debt,
ascertained to be due to Texas when an independent
state. Her acceptance of the terms of annexation pro-
posed by the United States doeg not discharge or inva-
►idate the claim. I recommend that provision be made
for its payment.
CHINA.

The commissioner appointed to China during the
special session of the Senate in March last, shortly after-
wards set out on his mission in the United States ship
Columbus. Ou arriving at Rio de Janeiro on his pas-
sage, the state of his health had become so critical that,
by the advice of his medical attendants, he returned to
the United States early in the month of October last.
Commodore Biddle, commanding the East India
squadron, proceeded on his voyage in the Columbus,
and was charged by the commissioner with the duty of
exchanging with the proper authorities the ratifications
of the treaty lately concluded with the Emperor of
China. Since the return of the commissioner to the
United States, his health has been much improved, and
lie entertains the confident belief that he will soon be
able to proceed on his mission.