The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-26

I continued by that Of the Goth of October 1873 an,
again by that Of the 9th Of August, 1897, and thu
twenty-ffth section Of the act Of Congress Of thu
9Oth OF August, 1912, changing and modifying th'
1 laws imposing duties on imports
That article, 30 far il applies TO this case, |,
in the following words mo higher or other duties
shall be imposed on the importation into the United
States OF any articles the growth, produce, OF man
ufacture OF his Britannia majestys territories in Eu
rope, and no higher or other duties shall be Inn
posed on the importation into.the territories OF hii
Britannia majesty in Europe Of any articles th.
growth, produce, or manufacture Of the United
States, than arc or shall be payable the like ar
cles, being the growth, produce, or manufacture oil
any other foreign country"
The 25th section Of the act Of Congress is as fol
lows: THAT nothing in this act contained shall APP
ply TO goods shipped in a vessel bound to any port
Of the United States, actually having left her lss
port Of lading eastward Of the Cape OF Good Hope
or beyond Cape Horn, prior to the FIRST day Of Sep.
temser, eighteen hundred and forty-two; and all
legal provisions and regulations existing immedi.
ately before the s0h day of June, eighteen hundred
and forty-two, shall be applied to imporiations
which may be made in vessels which have left such
last port Of lading eastward OF the Cape Of Good
Hope, or beyond Cape Horn, prior TO the said hrst
day Of September, eighteen hundred and forty-two."
Now IL any articles are shipped for the United
States from China for instance, and also from Brit
ish territories in Europe for the United States prior
be imposed on like articles thus shipped from Great
Britain, than on those from China, both being i'm
ported here'
BY the treaty il was taken for granted, and
known TO be the fact, that hike articles might be Of
the growth, produce, or manufacture Of different
countries; and the treaty placed those coming from
British territories in Europe at duty as low as
was imposed on such articles imported here from
any other foreign country. The right under the
treaty confined TO like articles; but so limited,
il extended so 10 place such articles shipped TO
the United States from British territories in Europe
and the growth, produce, or manufacture OF such
territories, on footing Of equality with those Of
the growth, produce or manufacture OF any other
country, without regard to its geographical position
IL different countries were not presumed 10 produce
or manufacture like articles, the clause Of the treaty
would have no operation whatever, and no dis
elimination is made, whether the territory is nearer
or more remote, but all are embraced in the pro-
visions Of the treaty.
The object Of the 25th section ofthe act may have
been to prevent the operation Of high duties upon
those who might have shipped goods from distant
ports prior TO any knowledge Of the probable aug
mentation Of the duties; but this object purpose
OF those who introduced this section author
Ire violation Of the treaty Of 1915, by the exac-
ton Of higher duties upon articles imported from
British territories In Europe, than il the like articles
were imported from countries eastward Of the Cape
Of Good Hope or beyond Cape Horn II is true
also that the 25h section authorized an exception
from the general rule, and was but temporary in its
operation. But the treaty precluded an exception
In any case, or for any purpose, for any period
Of time, whether OF longer or shorter duration. If
an exception could he made in case, il might
be made in others; and IL higher duty could be
exaeted fort month, il might for year. or for any
indefinite period; and il by the United States, by
Great Britain also, for the obligations OF the treaty
were RECIPROCAL and IL one party can make excep-
lions 10 time place, so may the other The
] al Of
articles il admitted Of exception and il operated
at all times throughout the whole year, and every
part Of il, and during the whole period of the
duration TO the treaty, ard at all times was
equally and reciprocally obligatory upon both
parties If the treaty. fa vessel sails for the United
States from China on the LIST of May, 1912, and
from Great Britain on the lst Of August, IS42 and
both arrive in the port of New York on the LIST Of
September, or in the same month, both laden with
like artcles-f lower duties are collected on the ar
ticles shipped from China, than on the like articles
shipped from British territories in Europe-it is a
violation Of the second article Of the treaty OF 1915
Bot it was the intention Of Congress to vio-
late any provision of that treaty, Of any other
treaty. This il demonstrated in the clause Of the
act Of 30th August, lS42, declaring "that nothing
herein contained shall be construed permitted to
operate 80 to interfere with subsisting treaties
with foreign countries" and full effect can be given
to the 25th section of the act by combining its opera
ton to those countries with whom no such treaty
existed, and TO whom That section would be applied
without any violation Of the public faith of treaty
obligations or Of the constitution Of the Union.
Ills then, my opinion, that articles actually ship
ped from British territories in Europe, and Of their
growth, produce, or manufacture, for the United
States prior the 1st Of September, 1912, and inn
ported here, cannot be subjected to higher duty
than that exacted on like articles, "the growth,
produce, or manufacture Of any other foreign coun-
iry" shipped prior that date from ports eastward
Of the Cape Of Good Hope, or beyond Cape Horn,
and imported here.
In order to bring the articles shipped from Brit
sh territories in Europe within the protection of the
treaty Of 1915, they must be of the growth, produce
or manufacture of such British territories and like
articles to those shipped from ports eastward of the
Cape Of Good Hope, or beyond Cape Horn, and
impo, ted here; and they must have been shipped
prior the LIST of September, l842; the vessel must
have sailed to the United States, and the goods have
been imported there and the vessel must have act,.
ally left such British port in Europe, her last port
of lading prior to the LIST Of September 1872 for the
United States. When all these circumstances con.
cur, the augmented duty cannot be exacted.
In giving this opinion, is to DO understood that
the terms eastward If the Cape of Good Hope, OF
beyond Cape Horn, do not embrace any port Of Eu.
rope, or any port Of Asia Africa, upon the Med.
terranean. Most respectfully,
R. J. WALKER,
| Secretary Of the Treasury.
\ n al O..