The New York herald., 1872-11-05
WASHING cTON.
Belgium Raises a Breeze About
Tonnage Dues.
ENGLAND, FRANCE AND GERMANY AWAKE.
Proposed Law for the Retirement Of
United States Judges.
BRITISH-AMERICAN CLAIMS COMMISSION.


WASHINGTON, Nov 4, 1872.
The Question or Tonnage Ducs-A
Treaty Clause Resurrected by Belgium,
Britain, France and Germany.
The State Department s embarrassed by the
question Of tonnage dues which has grown out OF
the late successful application OF the Belgian Hne
Of steamers between Antwerp and New York for
the refnndment Of tonnage dues collected on such
steamers at the New York Custom Honse. Article
four of the convention with Belgium of July II,
1858, provides as follows:-
Steam vessels OF the United States and Belgium
engaged In regular navigation between the United
States and Belgium shall be exempt In both coun
tries from the payment or duties OF tonnage an.
chorage, buoys and lighthouses.
This article was at the time concession to the
United States, whose Atlantic steam lines were
promising q development that would carry them
into every important port OF Europe, and great
expectations were afoot concerning Antwerp.
This article was first brought to recol-
lection by the late protest Of the Antwerp
line against the exaction OF the prohibited
duties at New York, and at once engaged the at
tenton OF the agents or the various British, French
and German steam lines plying to ports In the United
States, whose governments all have existing COM
mercial treaties with the United States containing
what is known as 'favored nation clause,m which
fecipr0cally binds the contracting Powers not to
grant particular favor to other nations In respect
to commerce and navigation which shall not imme-
diately become common TO the other party, who
shall enjoy the same freely These treaties are all
anterior to the convention with Belgium, and were
contracted when the large and growing carrying
trade OF the United States made 1t an object to
have the freest possible navigation to every
try. Consequently the maritime reciprocity clause
| is Of frequent occurrence in the treaty book.
The attention Of our government is now called to
the Belgian Treaty. and to the right OF other coun-
tries to enjoy 1t, and no further tonnage dues by
! British, French or German steam packets will be
| paid, except under protest, SO that the amount
| may be recovered. The tonnage OF these foreign
! lines Is about three hundred and fifty thousand
tons, and the dues about one hundred thousand
dollars year.
| The officials OF the state Department have now
I given to Belgium OF the termination OF the treaty
| or the revenue from steam tonnage abandoned for
| the future. There is little doubt that they will
| accept the latter alternative, as an abandonment
OF the reciprocal advantages OF the treaty would be
an indirect confession OF the permanent prostra-
tion OF our commercial marine, which they are not
ready TO make. On the other hand, II they
| agree to collect no tonnage dues on the foreign
steamers they apprehend that our own steamers,
now or hereafter regularly employed in foreign
trade, and some Of them possibly to countries
where the Belgian agreement does not apply, will
complain Of their exaction and Congress will be
called on to abolish tonnage duties on American
loreign trading steam vessels, as already on the
whole steam and sail coasting trade, and In all
| probability on the Canadian trade. The compare
| lively few American sail vessels In foreign trade
| will then have an equitable claim for exemption
and should they succeed the equality clauses OF the
commercial treaties would again apply and the
whole system OF tonnage duties fail. The prospec-
tive results Of the pending question compel the
State Department to exercise exceeding care and
ueberation in its disposition
Pensionfng Retiring Judges.
! An effort will be made to have law passed
at the coming session OF Congress empow-
cring the President to accept the resigna-
tlon Of any United State Judge mentally OF
| physically incapacitatcd for duty, on pension
without regard to age or length Of service
| The present law provides that the pension may
only be given TO Judges seventy years old and up
| ward, and who have sat on the bench ten years
There are numbers Of judges unft to act, but who
are not disposed to renquish their positions while
| they have right to remain on the bench and draw
salary.
| The British.A m erican Claims Commits
| sion.
The American ana British Claims Commission
has given permission to take testimony in various
cases. The Commission allowed the demurrer o
United States counsel in case No. 20, HerndoI
Baen, administrator; and also allowed the de
murrer Of Her Majesty's counsel in case No. IL
william Wheeler Hubbeli. The claim of the
memorialst In the latter case set up
| q supposed implied contract on the part
OF Her Majesty's government to COM
pensate him as the alleged inventor OF certain i'm
| m hav hoo
used in the British service. The claimant did not
appear to have had any property In mis- alleged in
vention in England, and even II there were such
contract, express or implied such contract would
be neither within the terms within the intent
and meaning Of the treaty creating this tribunal.
On demurrer on cases 205, James B. HALEY, ad-
ministrator; 212, John G. Ferris; 203, Joseph b.
Haycock; 1855, Henry Moody, administrator; 29s,
G. Eugena O'Bryan. Administrative; 304, Emilia G.
Rattery and 445, Janet Mason, Administrative, the
following decision was rendered THESE demur.
rcrs are overruled, the majority Of the commits
soners being OF opinion that where the claim is by
an administrator in respect Of injury to the prop
erty Of an intestate who was exclusively British
subject and the benefcaries OF British subjects as
well as American citizens, the claim may be prose-
cuted for their benefit. The commissioners are
Of opinion that the particular nationality Of the
administrator does not affect the question.
Decision ON the French Discriminating
Dutiss.
The Treasury Department has received COM
munication from the Boston Board of Trade asking
whether the ten per cent discriminating duties
established by the Presidents recent proclamation
Is to be held applicable to goods aloat at the time
OF the proclamation. The department holds that
the discriminating duty applies to oil goods arriving
In French vessels from other than French ports on