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

OF enure parity, ana tnat ooth may agree 10 carry
out such an arrangement without any sacrifice Of
national credit
This proposal to be considered rs conditional in
every respect il not accepted on the terms in which
il is offered things would Of course return their
original position.
Mr. Buchanan 10 Mr.. Paksnhdm.
DEPARTMENT or STATE,
Washington, November &c, l645.
Sra: I have had the honor Of receiving your note
of the 10th instant, together wi "the memoran-
dunn, ;" presenting the views Of her Britannia males.
ty,s government in relation the mutual claims Of
the two governments for refunding the excess OF du-
ties which has been levied in the ports Of each, in
violation Of the second article Of the commercial
ca venfion between the two countries, of the Sd OF
July, 1915. This memorandum has been submit
ted to the President, and am pleased to inform
you that il has received his cordial appreciation He
is perfectly willing TO terminate the pending ques-
lions between the two governments under this con-
vention on the terms proposed by the British gov.
eminent. Indeed, you aware, that from the We
nv moment first examined the question, believed
that the claim of the British government was well
founded and rested upon the same basis with that
Of the United States.
The only remaining obstacle is 10 ad Just the claims
of the respective governments each other, accord
ing the principles in which they both concur IL
may save trouble in the end ifths should be don e
in the beginning.
The second article Of the convention provides that
mo higher other duties shall be imposed on the
Importation into the United States of any articles
the growth, produce, or manufacture of his Britain
mic maesty's territories IN Europe, and no higher or
other duties shall be imposed on the Importation in
TO the territories OF his Britannia majesty in Eurone
Of any articles the growth, produce, manufacture
of the United States, than shall be payable on
The like articles, being the growth, produce,
facture of ony other foreign country" No difficult
ty exists in specifying the claim Of the United States
under this provision, because 1t is confined TO the
| single article of rough rice. Not go the British
claim. This is now indefinite; and it is highly des-
rable that it should be rendered specific by on emu
meration of the articles on which an excess of duty
has bean levied under the tariff Of Both August,
| l842.
Under the 25'h section of this act it is provided
''that nothing in this act contained shall apply to
goods shipped in vessel bound to any port Of the
United States, actually having left her last port of
| lading eastward of the Cape of Good Hope, or be-
yond Cape Horn, prior to the first day Of Septem-
Der, l842; and all legal provisions and regulations
existing mmedi ,tely before the thirtieth day of
June, Is42, shall be applied to imporatons 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 said first day of Sep
| tember, 1912" ~.
Now, no difficulty can exist as to what vessels are
embraced by the British claim. 1t is freely admit
ted, that in regard to these, they shall be the
as though this section Of the tariff act had expressly
embraced vessels "bound to any port of the United
States, actually having left their last port ofladng'
in any Of her "Britannic majesys territories in Eu-
rope" prior to the first day Of September, l642;
thus placing them the identical footing with ves-
sells from eastward Of the Cape of Good Hope or
beyond Cape Horn"
The designation Of such articles imported in these
vessels as are protected from increased duties by
the convention between the two countries in the only
matter of difficulty. According to this convention
and the tariff act, they must be "ke articles !" "he
growth, produce, or manufacture OF her Britannia
mejestys territories in Europe" to those which had
been imported into the United States from "any other
foreign country" eastward Of the Cape Of Good
Hope, or beyond Cape Horn, prior to said LIST day
Of September, 1912"
| invite you, sir, to furnish me list Of these ar
tices; and in order to enable you TO comply with
this request, all the information the subject in
| possession Of the Treasury Department shall be
most checrfully communicated to you.
The phrase Eastward of the Cape Of Good
| Hone or beyond Cape Horn" has received set
tied construction by long practice under reve-
nue. laws. II does not embrace any port of Europe
or any port Of Asia or Africa upon the Mediter-
| ranean.
| avail myself Of this occasi to offer you re.
newed assurances of my distinguished considera.
lion. -
Right Hon. RICHARD PAKEsxAm, &c, &c, &c.
| p. s. I have the honor Of communicating TO you
herewith copy Of the opinion OF the Secretary Of
the Treasury on the subject Of this note
/ [Enclosure.l
TREASURY DEPaRTMENT,
October II, lS45.
Sra: have considered with great care the ques-
uon submitted by you IN me for an opinion and re-
port whether articles shipped from British terrific
cies in Europe for This country prinr to the lat OIL
September 1912 would be subjected to higher du
lies than those cu ecied on like articles also shipped
for the Un,ed States before th,t date, from any por
eastward ofthe Cape Of Good Hope or beyond Cape
Horn.
The question arises under the second article Of thu
convention between the United States and Grea
Britain, concluded on the third day Of Jnly, 1915