Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1816-06-14

act is mere transcript vi the ooivcntio''.|
aud both treaties made under the autkor
~ of the United States and the acts oil
congress made IN pursuance OF the COZ
stitltion, are the supreme law OF The lard
to which we owe a paramount obedience
any thing in the constitution or laws Of
thisstate to the contrary notwithstanding.
If therefore TIE acts OF the iegs5atart,
under which the fees or charges sues
for are payable, stand in the way OF an'
contravene tile convention, they are to be
considered as abrogatsd and repeated $
far as il extends.
This bringsus to consider the cues 1
ton whether that convention extends I'll
the present case. The provision in the
Cd article, that g no higher 81 ether d4
ties OF charges shall be imposed in an,
of the ports of the United States on BIZ
fish vessels than those payable IN the
same ports by vessels of tie u. States,
is general and unqualified and therefor
can only be restrained and limited bF
the spirit, and object of the convention
or by its letter. It's spirit and object vas
to establishsan entire liberty ans recipro
city of commerce and navigation between
tie United States and G. Britain, excep'
ing the East and West Indian ana Morris
American domirions CT his Btifannt
majesty. Itsletter is in contorh,ity witt
that spirit and object, and imports u
other exceptions to this general libeft..
and reciprocity.
The case Of the vessel new under con
sideration does not fall within these eS.
ceptions, and must consequently be en
braced in the general provision OF the frs
clause in the cd article, unless hat pre-
vision be narrowed SO as to retain and
limi. it tothe direct trade boiween the I
States and the British territories in Eu
rope,
But such construction would be contra.
ny to every sound rule of Interpretation.
It would enlarge and extend by inplica
ton the exceptions expressed by the pa
ties. 1t would imply that the acute and
able negotiators of this treaty had left al
ambiguous middle ground between the ma
vigation and trade which was fee AID re-
ciprocai, and that which was limited ard
restrained on which ground the two ma
tons would find an ample feEd for COR
tention.
Such supposition cannot be for mo
ment admitted. The reciprocity OF the
treaty extends to all navigation entering
the ports OF each country, except to anG
from the West Indian AID North Amer
can doninions of 5reat Britain and tt
all trade between the United States and
the British territories in Europe, whethe'
that trade be direct or indirect.
We say whether that trade be direct
or indirect not meaning. However, thar
it extends t. an indirect voyage from The
British territories IN Europe, with a Cargo
the produce o. manufacture Of some inte-
mediate country. The reciprocity does
extend to the duties Or cha yes. on tie
ship in such voyage. but not to the Gu-
ties on the charges Oh the cargo. 1t ex
tends to tLose OF the ship because there
is nothing in the letter or spirit Of the
treaty to controuI the generality Of the
expressions III the first clause OF the Sc
cond article by which British vessels are
to be subject to charges no higher or other
duties Or charges than American vesse's
in the ports OF the U. States, except tie
reservation as to the colonial dominiUns
of Great Britain. TIE voyage of thisE
vessel is net embraced by that reserva-
non. 1t is voyage from London to the|
United States by way of Leghorn, with a
cargo tie produce Of Italy. The reclpre.
city does not extend to the cargo. because
the importation Of such carss is not a
trade between the European territories oi
q. Britain u the L. States, either directl
or indirect.
The only remaining question, therefore.
is whether the fees demanded in the pre- /
sent suit be charges on the vessel Or or
tie importation OF the cargo; and there
can be no doubt the fees payable on thei
entry and cepoit at the Office OF the boara
Of Wardens is exclusively charge on the
vessel. Being a charge Oh foreign vessel,
,nIy, which vessels OF the United States
10 not pay, British vessels coming from
my other places than the colonial pos
sessions of Great Britain must be exempt |
ID ron it, in order to place them on thei
same faetins with American vessels, aud
o fulfil the obligations of the treaty
That the tees for surveys in the present.
;ase are charge upon the vessel Ise
;ident, from tie circumstances OF theE
master being sued scr them. They Gus
therefore have been made at his request !
md as fhey are dnnhIeG upOn foreign yes-i