New-York tribune., 1886-03-24
MR.. BAYARD'S DIPLOMACY.
ANSWERING MR.. pnELPss RESOLUTION.
IT 1AIMs MADE BY FOREIGN GOVERNMENTS UNDER
THF SKIPPING ACT OF 1884.
fay TELEGRAPH TO THE TRIHUNE.1

THF SKIPPING ACT OF 1854.
fay TELEGRAPH TO THE TRIgUNE.1
W,sBINGroN, March 23.-The President to-
<av in response to the resolution of William Walter
pheps sent 10 the House the correspondence relating 10
IN. applications Of European Governments TO be per
utted TO enjoy the benefit OF the reduction of tonnage
tar accorded by Section IA of the shipping Act passed
by the last Congress- which was supposed 10 apply only
10 vessels from Canadian, West INDIAN Mexican and
Central American ports. The first application was maze
nv Portugal under the favored nation" clause. On
March o. 1855 Secretary Bayard referred the applica
,on 10 secretary Manning. ON May IL Secretary Man
ming replied the exemption granted by Section IA to
xess OF Mexico and Central America upon their grant
,ng reciprocal privileges is "national as we'll as
Scographca aud. therefore. that under the favored
nation clause treaty OF 1s40 with that country a
similar contingent privilege is granted by the Shipping
Act TO vessels of Portugal sailing from their national
ports directly for ports in this country Applications
h.oan 70 pour in from other European Governments and
Secretary Bayard became uneasy On september : he
referred the question to the Attorney General and sub
mtted an elaborate argument in favor or the proposition
that the intention of Congress was to grant reciprocal
concessions With certain defined geographical limits
only and asked whether is the as or the region from
which the trade which the benefits OF the act
apply"
nled agreeing with Secretary Bayards Interpretation
and declaring that the privilege granted under the act
s purely geographical in character inuring 10 the
advantage OF any vessel Of any power that may chooso
10 fetch and carry between this country and some port
embraced by the 14th section of the act On No'em
Der 7 Mr. Bayard wrote to Mr.. Manning, dwelling upon
the importance OF the subject especially as some OF tne
countries had applied for refund of the excess OF ton
mage dues paid by their since the passage OF the
act Mr. Bayard after quoting the opinion o. the ACT
ing General continued: 1.-THE conclusions OF
the Department OF Justice appear to me TO ne sonh anu
indisputable II any additional argument as 10 tne IN
tent Of the act were needed one eonsa
GRAFTON snouu snce .rs vieided German vessel from
many. Tor exsmp,s t were n would pay but
cents per ton, perhaps less, II Hamburg rates
the same voyage be chargeable at the scent raIo
since the l4tb section dors p NOV Uono So, M,
German port. and treaty with Germany cannot
confer upon the domestic power to exempt an Amerl
can ship from the statutory tax in our cur own Doc
port, -. ,,ouhor IN Nsr Manning said
must concur IN the opinion OF the Attorney -Genera
that it the intention OF Congress to restrict an CON
cons granted by the act TO vessels moving wtnn INC
Tbe djplomate Representations OF Belgium, Denmark
Germany and other Governments who had ned anplca,
tions were denied On February 10. 1856 Mr Bdyard
rrcsyed from the German Minister letter on the sno
ject which probably contains the arguments tha VIII ne
sion the stand taken by the Department MT
5d to pender tGe most
wholly ilusory On the same
he quit. possible TO Justify. for instance privilege
granted exclusively 10 the south American States then
ons granted also to certain of the nearer European ma
sIvay, on the pretext that the was OF a
purely geographical character. Germany alone, among
All the nations that MAINTAIN commercial relations win
America, Notwithstanding the most favored nation
right granted to that country by treaty, might Do eX
clnded fromhe benefits of the acts Germany sentted
10 the reduction OF the tax in favor OF vessels salg
from Germany to the United States especially since,
according the constitution OF the Empire no tonnage
tax is collected Germany from foreign NesseISi tnaU
Is 10 say no tonnage tax Of the character OF American
tonnage taxes In the of section 3, article OF the
American Constitution. viz: those designed to pay the
debt of Government and 10 pay the expenses OF the
common defence ana general welfare .
In his reply dated March 4. 1856. Mr. Bayard says
II Ia nicisp mt
many admits neiRhbOrhO0d and propenqulty justly
special treatment OF intercourse which may not be ex
tended to countries under the favored nation
clause IN with them and only appears 10 que
ton distance within which tho rule Of nelghDorhood
on Eel ruary 16 Mr.. FOva applied behalf OF Italy
for the privileges claimed under the shipping act
Sweden relies not upen favored nation clause Dnt
upon eighth article OF the treaty of 1877 respecting
which Mr. Bayard in letter 10 the Atorney-GenerS re-
uuesting his opiOn thereon says that II Is IN some re-
spects Exceptional and more sweeping than the usua
favored nation clauses OF our treaties
The Attorney Generals opinion ON the matter Is not
given