The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-08

OF every foreign country from peing imported INTO
Great Britain except in British ships in such as
the real property Of the people Of tho country
or place in which the goods were produced or from
which they could only be, or were, most usually
by the continental nations to protect their from
the superior mercantile marine Of England.
Its increase, too, Of English tonnage and
commerce, its influence upon both Of the
ruinous effects upon the trade Of the Dutch, which
IL was originally meant to crush, had misled the
judgment Of most Of European statesmen into the
conclusion, that 1t was an essential regulation to
competition Of Others But the general pacihcation
Of 1915 restored the longsuspended commercial in
tercourse between them, and with it sounder views
Of trade. 1t was believed, indeed, it had become
known, that there were nations in Europe who had
become as anxious the United States were to rid
themselves OF the restrictions imposed upon their
commerce by the English navigation act. They
were not, however, in condition to do so imme-
diatey in respect to each other, unitedy against
the supremacy Of English navigation. Besides
overtures to some Of them for indirect trade
had not been met with the promptncss or decision
which had been anticipated. The time was favor
States than had been made before. 1t was mat
ter Of doubt and hesitation with many Of our pub
lie men what could or should be done in such cr
sis. Fortunately there were those among them
who were more decided; and Congress determined
to adopt the clause of the English navigation act Of
which we had always complained, with this proviso
however, that it should not be extended to the YES
sells Of any foreign nation which has not adopted and
which shall not adopt similar regulation. The
proyiso explains the purpose of the act Of the Is
March, 1917. Before that was passed, the United
States had not had navigation act. 1t was not
however, followed for several years with any coinci
dent result. But bout that time an incident occurred
in the political world, which destined to change
in great measure the commercial intercourse be-
tween nations. 1t was the revolt Of the Spanish
American provinces from Spain, and the recogni-
80 IL t,aI Ill
as Independent nations. Both were anxious to Sc
cure trade with these States. The United
States sought It upon terms OF the most extended
reciprocity. both as to vessels and cargoes-Eng
land with more commercial liberality than her
usual policy, without, however, yielding that main
point Of it which prevented foreign vessels from
having an indirect trade to her ports. Indeed, so
fixed had that conclusion become with the nations
not rclnquish in her treaty with the United States
her right to impose discriminating duties upon car
goes brought into her ports by foreign vessels.
In 1925 the lnited States reaped the first fruits
made with Central America, the first known be-
tween nations, establishing that reciprocity in
spect to vessels and cargoes, which had been offered
forty years before by the United States to other
nations, and which had for seven years been tender
ed by the net of March l, 1917. That treaty was
followed by others. Russia, Austria, Prussia, Den-
mark, Sweden, Sardinia, Greece, the Ilanseatic
cities, Hanover, Brazil, Ecuador, and Venezuela,
principle. The vessels of each of those nations
permitted to carry into the ports of the other with
out discriminating duties, the productions Of any
foreign country, whether they were shipped from
the places Of production or elsewhere. In other
words the vessels of the United States, under those
treaties, carry on with those nations indirect
trade, which they do in their vessels to ports
The net of 1917 was slow in producing any arrange
ment Of like kind with Great Britain. But it has
ultimately done so. The original Interpretation of
it by Mr.. Secretary Crawford having been renewed
by Mr.. Secretary Walkers circular, after an inter
rupticn Of several years, negotiation was opened
with England upon the subject, which resulted in
giving to both nations the full intention and benefit
of the Fact Of the lst March, 1917 Its operation,
as we have said, had been suspended for several
years, from official misrepresentation Of its
import, when q occurred in the circuit court Of
the Cnted states for the southern distric, of New
ork in which the learned judge who presided, gave
the first judivial Interpretation Of the act Judge
Belts in that ease, reviews the legislative history of
The act. The question presented in the case Of the
Recorder and her cargo was, whether IN importa-
ton into the pert Of New York by British vessel
from Tendon, Of quantity of silks, the production
Of the British posse in lnda was by
the first section Of the act Of LIST March, 1917.
The court decided that the word country used
in the section, comprehended the British possessions
in India, and that consequently, the importation
was lawful. Tho learned judge took occasion, also,
TO give his views rs to the effect Of the wovso in
the first section. Upon the publication % tho
Co,rs opinion tho Secretary Of tho Treasury avaled
himself its authority, in connection with what had
been the first Interpretation Of the act, and issued
his circular the 9TH OF November, l5H, to the
collectors and officers Of the CUSTOMS directing them
that "whcrc it il satisfactorily shown that any for
eign nation allows Americanyesse laden withgocds,
the growth, produce, or manufacture Of any coun-
try oat of the United States, freely to enter and
land such merchandise in any OF the parts of said
country, whether such goods be carried directly
from the place Of origin, OF from the ports Of the
United States, or from any other country whatso-
ever that the penalties of the act OF tho lst March,
1917, not to be enforced against the vessels OF
such nations bringing like goods either from the
country Of production from the ports of the
try to which the vessels may belong" The opinion
Of Judge Belts and Secretary Walkers circular led
to negotiation which terminated in Great Britain
passing, in lS9 the statute Of II and Is Of Victo
ria, gh. 40, and thus accomplished the great pur-
pose Of our policy which had been proposed by the
United States to the nations OF Europe-to Eng
land particuarly-in l7S5, by Mr.. Adams. The
circular Of Mr. Meredith, of the 10th October, 1919,
shows what that policy was, and why it wa. issued.
We give il at lcngth;-
In consequence Of questions submitted By mcr.
chants and Others asking, in consideration Of the
recent alteration of the British navigation laws, on
what footing the commercial relations between
the United States and Great Britain will be placed
On and after the first day Of January next-the day
which the recent act Of the British Parliament
goes into operaton-the department deems ii ex-
pedent at this time 10 issue the following general
Instructions for the information Of the officers Of the
customs and others Interested
"Eirst. In consequence Of the alterations Of the
British navigation laws, above referred to, British
vessels, from British other foreign ports, WILL
under our existing laws, after the first day Of
January next, be allowed to enter our ports with
cargocs of the growth, manufacture, or PRODUCTION
of any part Of the world.
Second. Such vessels and their cargoes will be
admitted from and after the date before mentioned,
on the terms to duties imposts, and charges,
rs vessels of the United States aud their cargoes
With such facts to sustain IL have been re-
cited-and they arc all oicia-it may very truly be
said that the reciprocity of navigation now existing
between nations, and particularly between Great
Britain and the United States is in great degree
owing TO the perseverance Of the United States in
proposing and contending for il for more than sixty
years. IL cannot therefore, be said, rs has been
by moro than one foreign writer. that after the
American colonies had established their indepcnd.
ence, they set about to form code OF navigation
on the model Of those Of England. Those writers
have mistaken legislation for our history, with
.,,t9 id ~ Of