COMMERCIAL INTERCOURSE WITH FOREIGN NATIONS.*

(REVISED TREASURY REGULATIONS OF 1874, PAGES 137 TO 147.)

Vessels of nations with which the United States have commercial relations.

ART. 268. Discriminating duties of tonnage and impost on foreign vessels and their car. goes are to be charged, as provided by law, in all cases, except where exemption is secured by treaty stipulations or by laws of the United States. (Acts July 20, 1790, ch. 30, H. D. p. 22; March 27, 1804, ch 51, 6, H. D. p 158; Jan. 14, 1817, ch. 3, H D. p. 177; March 8, 1817, ch. 50, H. D. p. 181; June 30, 1864, ch. 171, 17, H. D. p. 453.)

FIRST CLASS.

ART. 269. Vessels belonging to the following nations are admitted, under the provisions of law, treaties of commerce and navigation, conventions, into the ports of the United States, on the same terms as vessels of the United States, with the produce or manufactures of their own or any other country, as respects both tonnage and impost duties.

ART. 270. Argentine Confederation.-Under treaties of July 10 and 27, 1853, proclaimed April 9, 1855 (10 Stat., 1001 and 1035).

Austria -Treaty August 27, 1829, proclaimed February 10, 1831 (8 Stat. 398); and treaty May 8, 1848, proclaimed February 25, 1850 (9 Stat_944).

Austro-Hungarian Monarchy.—By treaty signed July 11, 1870, ratified December 19, 1870, and proclaimed June 29, 1871 (17 Stat.), and relating to consular rights and duties, it is provided that the judicial authorities and custom-house officials shall, in no case, proceed to the examination or search of merchant vessels without previous notice to the consular authority of the nation to which the said vessels belong, in order to enable them to be present. Notice to consulates of the taking of the depositions of captains or seamen before local authorities is also required. In the event of a vessel of either nation "being wrecked or cast on shore upon the coast of the other," "all merchandise aud goods not destined for consumption in the country in which the wreck takes place, are free of all duties." Consulates may hoist their flag on board any vessel employed by them in port for the discharge of their duty. By treaty of November 25, 1871, proclaimed June 1, 1872, the mutual guarantee of property in trade-marks is provided for (17 Stat ).

ART. 271. Belgium.-Treaty July 17, 1858, proclaimed April 19, 1859 (12 Stat., 1043). Under the 4th article, steamers of the United States and of Belgium engaged in regular navigation between the two countries are reciprocally exempt from the payment of duties of tonnage, anchorage, buoys, and light-hou-es. By article 2 of the treaty of May 20, 1863 (13 Stat., 648), the flags of the two countries were assimilated for the transportation of salt, in regard to which a special discrimination had previously existed.

Bolivia-Treaty of May 13, 1858, proclaimed January 8, 1863 (12 Stat., 1003).

Brazil.-Under act of Congress of 24th May, 1828, and proclamation of November 4, 1847 (9 Stat. 100!).

Chili.-Under the act of 24th May, 1828, and proclamation of November 1, 1850 (9 Stat.,

1004).

Denmark.-Treaty of April 26, 1826, proclaimed October 14, 1826 (8 Stat., 340); and treaty of April 11, 1857, proclaimed January 13, 1858 (11 Stat., 719).

Dominican Republic.-Convention of February 8, 1867, proclaimed October 24, 1867. Ecuador.-Treaty of June 13, 1839, proclaimed September 23, 1842 (8 Stat., 584).

ART. 272. German Empire.-By treaty of December 11, 1871, proclaimed June 1, 1872 (17 Stat.), "respecting consuls and trade-marks," the stipulations above set forth in the case of the Austro-Hungarian Monarchy, relating to examination and searches of vessels, taking of depositions, and to wrecked goods, were also made with the German Empire. The 17th article provides that, "with regard to the marks or labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany, the same protection as native citizens."

* See "Addenda" to this title, p. 69.

ART. 273. Great Britain and her Possessions.-Treaties of July 3, 1815 (8 Stat., 228), Octo. ber 20, 1818 (8 Stat. 248), and August 6, 1827 (8 Stat., 361), and instructions of the Treasury Department of October 19, 1849. British vessels and their cargoes, from any part of the world, are admitted into ports of the United States on the same terms, as to duties, imposts, and charges, as those of the United States.

By decision of the Circuit Court of the United States, British vessels, bringing from British ports in Europe articles of the growth, produce, or manufacture of the British possessiong in India, are not liable to the penalties provided in the navigation act of March 1, 1817.

By treaty of May 8, 1871, ratified June 17, 1871, and proclaimed July 4, 1871 (17 Stat.), the common enjoyment of certain sea-fisheries on the coasts of the United States and of the British North American Provinces, by American citizens and British subjects, is provided for: also the free navigation of certain rivers, canals, and lakes, and reciprocal transit through the territory of each government respectively; the assent of the American Congress, the British and Canadian Parliament, and the Legislature of Prince Edward's Island, required by the conditions of the treaty, having been proclaimed by the President, July 1, 1873.*

498).

Greece.-Treaty of December 10 (22), 1837, proclaimed August 30, 1838 (8 Stat., Guatemala.-Treaty March 3, 1849, proclaimed July 28, 1852 (10 Stat., 873). Hayti. Treaty of November 3, 1864, proclaimed July 6, 1865 (13 Stat., 711). Hanover.-Treaty June 10, 1816, proclaimed April 24, 1847 (9 Stat., 857); and treaty of November 6, 1861, proclaimed June 17. 1362 (12 Stat, 1187).

Hanseatic Towns: Hamburg, Lubec, Bremen.-Treaty December 20, 1827, proclaimed June 2, 1828 (8 Stat., 366); additional articles June 4, 1828, proclaimed January 14, 1829 (8 Stat., 386).

Hawaiian Islands.-Act of May 24, 1828 (4 Stat., 308); and President's proclamation, January 29, 1867 (14 Stat., 819); also treaty of December 20, 1849, proclaimed November 9, 1850 (9 Stat., 977).

Honduras.-Treaty of July 4, 1864, proclaimed May 30, 1865 (13 Stat., 699).

Italy-Treaty with Sardinia, November 26, 1838, proclaimed March 18, 1839 (8 Stat., 512); and treaty with the Two Sicilies of October 1, 1855, proclaimed December 10, 1856 (11 Stat., 639); held applicable to the Kingdom of Italy as since constituted.

ART. 274. By treaty with Italy, of November 18, 1871, proclaimed November 23, 1871 (17 Stat.), reciprocal liberty of commerce and navigation is provided for, not only as to imports into either country by the vessels of the other from any part of the world, but the vessels of either country may also export and re-export from the other to any foreign port on the same terms and with the same bounties, duties, and drawbacks as those belonging there. Vessels of either nation, wrecked, foundered, or damaged on the coasts of the other may unload and reload there, without paying duties except upon articles left for consumption. Vessels of either nation may also complete crews on the territory of the other on conditions specified.

The following vessels are exempt from tonnage, anchorage, and clearance duties, to wit: 1. Those entering and leaving again in ballast.

2. Those passing from port to port to discharge or take in, or complete cargo, on proof of having already paid such duties.

3. Loaded vessels entering port and leaving it without having disposed of any part of their cargoes or completed cargo there.

No vessel of the one country compelled to enter a port of the other to be regarded as trading if it merely breaks bulk for repairs, transfers cargo on account of unseaworthiness, purchases stores, or sells damaged goods for re-exportation only. The latter, however, to pay customs duties when intended to be sold for internal consumption.

ART. 275. Japan.—Act of May 24, 1828 (4 Stat, 308), and President's proclamation September 4, 1872 (17 Stat.). Under the treaty of March 31, 1854, proclaimed June 22, 1855 (11 Stat., 597), and treaty of June 17, 1857, proclaimed June 30, 1858 (11 Stat., 723), vessels of the United States may enter the ports of Simoda, Hakodadi, and Nagasaki, in Japan, where they can be supplied with wood, water, coal, provisions, and other articles required by their necessities; such articles to be procured only through the agency of Japanese officers appointed for that purpose. Any privilege or advantage granted, in future, by the government of Japan to any other nation to be extended also to the United States and the citizens thereof. By the latter treaty the exchange of coin is also provided for. Under the treaty of January 28, 1864, proclaimed April 9, 1866 (14 Stat., 655), certain articles used in the preparation and packing of teas are to be admitted in Japan free of duty, and certain other specified articles at a reduced duty of 5 per cent.

Liberia-Treaty of October 21, 1862, proclaimed March 18, 1863 (12 Stat., 1245). Madagascar.-By treaty of February 14, 1867, proclaimed October 1, 1868 (15 Stat., Tresties, p. 15).

Mecklenburg-Schwerin.-Accession to above treaty with Hanover of June 10, 1846, under its 12th article, December 9, 1847, proclaimed August 2, 1848 (9 Stat., 910).

• See "Addenda," post, p. 69.

Mexico.-Treaty April 5, 1831 (8 Stat., 410). Revived by the 17th article of the treaty of February 2, 1848 (9 Stat., 922) Treaty of December 30, 1853. President's proclama

tion June 30, 1854 (10 Stat., 1031).

Netherlands Treaty August 26, 1852, proclaimed February 26, 1853 (10 Stat., 982). New Grenada-Treaty of December 12, 1846, proclamation June 12, 1848 (9 Stat., 881). Consular convention May 4, 1850, proclamation December 5, 1851 (10 Stat., 900).

Nicaragua.-Treaty of June 21, 1867, proclaimed August 13, 1863 (15 Stat.). By the same treaty, the right of transit is granted to the United States and their citizens through Nicar agua, between the Atlantic and Pacific oceans.

North German Union.-Same as Prussia and Hanseatic towns.

Norway (See Sweden and Norway.)

Oldenburg-Accession to the above treaty with Hanover of June 10, under its 12th article, March 10, 1847 (9 Stat, 868).

Ottoman Empire.-Treaty February 25, 1862, proclaimed July 2, 1862 (12 Stat, 1213). Paraguay-Treaty of February 4, 1859, proclaimed March 12, 1860 (12 Stat., 1091). Portugal-Act of May 24, 1828 (4 Stat., 308), and President's proclamation February 25, 1871 (16 Stat., 1137).

Prussia-Treaty May 1, 1828, proclaimed March 14, 1829 (8 Stat., 378). See also “German Empire," above.

Russia-Treaty April 5-17, 1824, proclaimed January 12, 1826 (8 Stat., 302). Treaty December 6-18, 1832, proclaimed May 11, 1833 (8 Stat., 444). Convention July 22, 1854 (rights of neutrals at sea), proclaimed November 1, 1854 (10 Stat., 1105).

Sandwich Islands (See Hawaiian Islands.)

San Salvador.-Treaty at Leon, January 2, 1850, proclaimed April 18, 1853 (10 Stat., 891). Siam Treaty of May 29, 1856, proclaimed August 16, 1858 (11 Stat., 683). American vessels enjoy all the privileges exercised by Siamese or Chinese vessels or junks.

Spain-With exceptions as to importations from Cuba and Porto Rico. (See "Third Class," below.)

Sweden and Norway.-Treaty July 4, 1827, proclaimed January 19, 1828 (8 Stat., 346). Act of May 31, 1830.

Swedish vessels from the island of St. Bartholomew are placed on an equal footing with those of the United States by the above treaty.

Venezuela.-Treaty of August 27, 1860, proclaimed September 25, 1861 (12 Stat., 1143).

SECOND CLASS.

ART. 276. Vessels belonging to the following nations are admitted into the United States ports, as respects tonnage or navigation duties, on the same terms as vessels of the United States, with the produce or manufactures of their own or any other country. Their cargoes, when consisting of the products or manufactures of their own countries respectively, are exempt from discriminating impost duties under the 17th section of the act of June 30, 1864, unless otherwise specially indicated.

Costa Rica-Treaty July 10, 1851, proclaimed May 26, 1852 (10 Stat., 916).

NOTE. By a decree of August 31, 1854, the local commercial legislation of Costa Rica was completely remodelled and materially modified. Liberty of commerce to the vessels of all nations is granted; certain descriptions of merchandise monopolized by the government, and other descriptions which are prohibited, being specified.

Muscat-Treaty September 21, 1833, proclaimed June 24, 1837 (8 Stat., 458).

Cargoes of vessels of Muscat, even though of the products or manufacture of that country, are subject to the discriminating impost duty of ten per cent.

Portugal. Treaty August 26, 1840, proclaimed April 24, 1841 (8 Stat., 560).

THIRD CLASS.

ART. 277. Vessels belonging to the following nations, with which the United States have commercial relations, are not referable to either of the preceding classes. A discriminating duty of ten per cent. on their cargoes, under the 17th section of the tariff act of 1864, and tonnage duty at alien rates, pursuant to article 309, in addition to the ordinary annual tonnage tax, must be imposed in all cases unless otherwise indicated below.

ART. 278. Borneo.-Convention June 23, 1850, proclaimed July 12, 1854 (10 Stat., 909). Under this treaty, no duty exceeding one dollar per registered ton is levied on vessels of the United States entering the ports of Borneo, the said tonnage duty being in lieu of all other charges or duties whatsoever.

ART. 279 China.-Commerce with the ports of Canton, Chau-chau, or Swatow, Amoy, Fuh-chau, Tai-wan, Ningpo, and Shanghai, treaty of June 18, 1858, proclaimed January 26, 1860 (12 Stat., 1023). A tonnage duty is levied on all vessels of the United States entering either of these ports, as follows: On those of 150 tons and under, one mace per ton, and on those of 150 tons, four maces per ton of forty cubic feet. A mace is equal to 14 cents. ART. 280. France.-Treaty June 24, 1822, proclaimed February 12, 1823. By the Presi deat's proclamation of December 28, 1866, French vessels entering ports of the United States, after January 1, 1867, were relieved from discriminating tonnage duties, and, by that of June