The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-04

No. ai.-Dseembsr tern, 1880

fMl Juatlce w delivered tue uPsioh VI touiN
This cause tried and decided IN lie circuit court
upon statement OF facts made by NE pArues
The question arising from vs. whe'her or not NE yes
sells u Portugal within that clause oil The act OF the 3oh
Of july 1885, 10 reduce duties on imports In which II
is said coffee and lea are exempt IRON duty, when I'M
ported dfec, from The place OF their growth production
In American vessels or IN iofeign vessels entitled by
reciprocal treaties 10 be exempt IRON discriminating du
ties tonnage, and other charges.
Ii conended that Portuguese vessels are within NE
act upon proper construction OF IN connexlon win
the I'd article oil The treaty with Portugal.
1t is in these words: Vessels Of The United States Of
America arriving either laden in ballast in the pons oil
the kingdom and possessions OF Portugal and Iecpoealy
Portuguese vessels arriving either laden or IN ballast III
the ports OF The United States OF America, shall DO eaeu
on their entrances during their stay, and at lher depart
ure, upon the same iooung national vessels coming
from The place with respect 10 the dulles OF tonnage
duties poage Po ena, s as an T sha ~
OF whatever kind denomination LEVIED upon vessels o
commerce IN the name or 10 The prohl OF .ne
The local authorities, OF any public OF private establish
menl whatever" lis meaning is, that There shall be an
entire reciprocity OF duties ana charges upon 'he osss
Of the Two nations IN their RESPECTIVE ols tha ~ tnal
Portuguese vessels in ports shall pay no DINER charges
than American vessels do, and that Ameean vessels IN
Portug ports shall be charged with The same duties
Portugu vessels may be liable 10 pay What these du-
ties may be, shall be determined by each naon Tor lis
own ports, ora !, ,ha ,x,o,a ro,a,n, 70 ,bs DUTIES
upon tie caygoes Of HE UesseS oil either nation. Nor IS
there provision the eatyas we shall show there is
in other treaties between the United States and other ma
Misunderstanding either nation from levying dscnmna
ting duties upon cargoes carried by the vessels oil elmer
the ports OF the other when they are made up Of ar
tcles, merchandise, or manufactures the grown OF pro-
ductOn OF different nation than that 10 when Inc Vesse
carrying il belongs when the cargo shall not DC the
production either o Portugal OF oil The United States
This is the view which both nations have taken OF me
"a article and Of the other parts OF The treaty relating 70
the cargoes OF vessels. .. ,
The Queen OF Portugal in October, sil IN less than SIX
months after the ratification OF the treaty had been pro-
claimed by the United States, promulgated decree OF the
General Cortes, imposing discriminating duty upon
goods imported in egn vessels which not the
belong The object OF 1t was to secure to Portuguese
vessels the direct carrying trade OF such merchandise TO
The United States did the same by the tenth section
Of the act OF the 3oh August 1912 two years alter The
treaty was made placed an additional duty OF 10 per
above the rates OF duty fixed in the act upon
goods, the importation OF which, in American or tor
egn vessels, specific discrimination between them IS
made in The act, which shall be imported n hPs not
Of The United States"
This legislation was acted upon by both nations with
out any complaint even suggestion that 1t was moi IN
conformity with the treaty supulatons between Them
II shows that the views OF both were that the vessels OF
both were 10 pay IN Their respective ports the charges
their own vessels were SUBJECTED 70, ana no more, ana
that the duties upon goods not OF American or Portuguese
production imported the ports OF either nation by the
vessels OF the other might be made liable to such dscIm
mating duties either might think would give TO their
own vessels the direct trade OF such articles.
We will now show that this practice OF both nations
exactly wha, the treaty itself had provided Tor be-
The 3d. 4h 5h and Oh, articles of the treaty relate 10
the introduction OF merchandise INTO the two countries
and all that do The 9Th and Sth exclude from the
operation OF those before them The coastwise trade oil
both nations and such ports and countries in The Kingdom
and possession OF Portugal where foreign and
navigation not admitted. And the 18th article is
mutual undertaking, il either nation shall grant TO any
other nation particular favor in navigation commerce,
that II shall become common 10 the other party upon the
same terms upon which the grant may be made The
Sd article provides that the productions of either nation
shall be admitted into their respective ports upon pay
ment OF the same duty as may be payable on the same
merchandise II II were the growth OF any other foreign
country. No prohibition can be put upon the importa
ton expectation OF the produce OF either nation which
shall not extend TO adj other foreign nations shall
there be any higher other duty either country, upon
the expectation OF articles either iron the other Than
IS put upon the like articles exported 10 any other for
egn country. As yet nothing has been sald about the
transportation of commodities from nation TO the
other, from foreign States That provided for
the 4ih, 9Th, and 9Th articles BY the 4h both nations
carry In their vessels The production OF each into the
ports OF the other upon the same terms-ihe produce
and manufactures OF Portugal and the United States, IL
must be remembered not the produce or manufactures OF
any foreign country for the stipulation in the 5h article
IN respect to The transportation OF these permits only
TO be done whenever there may be lawfully imported
into any or all OF The ports OF eher nation, in vessels OF
any foreign county, articles which the growth, pro-
duce, manufacture of country other than that TO
which The importing vessel shall belong by the 9th
ncle the vessels OF both nations may export and
port from The ports OF each all kinds OF merchandise
which can be lawfully exported or reexported from The
ports Of either, without paying higher other duties or
charges than the articles pay VIXEN exported or re-
exported in the vessels Of either nation.
From all this II must be that neither nation has
aght by the treaty 10 carry IN Their vessels TO the ports
OF the other the produce OF foreign countries except upon
the payment oil such duties, scIlmirang and other
wise, each nation may impose
30 stood both nations under The treaty from The time
O Its railfcaon, and under their respective legislation
afterwards relating 10 duties upon cargoes OF foreign
produce, without any Misrepresentation by either, or y
the merchants OF eber, oil the privileges OF commerce
conferred by The treaty. Indeed there could have been
none But II was necessary TO state particularly what
our treaty stpuaions that the nature of the claim
now made for her vessels may be more fully under.
stood I'M
Ii is said that that which the treaty does not per-
NIT The vessels OF Portugal to do legislation al
lows In that par oil The act OF 1876, TO reduce duties on
imports, which exempts coffee from any duty
there was such a misapprehension Tor some time Ii
was acted upon too, for several months by some OF our
merchants and colIectorperhaps until corrected in this
instance. .Gr
Inc arose from msapplicaton OF the 10 the
treaties which we had with ali those nations abolishinQ
discriminating duties OF tonnage and port charges instead
OF combining it to treaties with such of them In which
the thing had been DONE with the additional fec
Wocly, permitting vessels and theirs to impo, INTO
the ports oil either, on payment OF the dulles the
productions OF other foreign Countries whether they are
shipped from The country which they produced or
from any other foreign country.
When the act OF July 3d. 1916, passed, we had \
commercial treaties with twenty -four nations Thirteen
q them-Russia, Austria, Prussia, Sweden Denmark
nan9ver Sardinia the Hanseac cities Greece Yenezu
era Brazil, Central America, and Ecuador"had acceded
commercial reciprocity"
ney ADMIT our vessels TO enter their ports whether
.ns rom me United States any other foreign conn.
w, ~nsn OF IN osliaswhethsr laden with the produce
~ ~ a'''eu states or OF any other foreign counry--
1919 ~. a"e 'ohnage duties and charges as national