PAPERS RELATING TO DIFFERENTIAL RATES OF TONNAGE DUES-Continued.
5 Mr. de Bounder to Mr. Bay- June 19 ard.
6 Mr. Bayard to Mr. de Boun- Nov. 7 der.
Correspondence with the Legation of Belgium at
States that section 14 of the act of June 26, 1884, grants the 3-15 rate of tonnage dues to vessels coming from ports of Central and North America, Mexico, Colombia, and of the British possessions, and imposes the 6-30 rate on vessels coming into the United States from all other ports; under the "favored-nation" clause of the Belgian treaty claims the 3-15 rate for vessels coming from Belgian ports; in case it be shown that no tonnage or light-house dues are exacted of American vessels in Belgian ports claims, under the second paragraph of section 14, absolute exemption from payment of tonnage dues for Belgian vessels in United States ports.
States that the subject has been submitted to the Attorney-General, who holds that the discrimi ration is purely geographical, and is not national; the President does not, therefore, admit Belgium's right to claim the 3-15 rate under the "favored-nation" clause.
Correspondence with the Legation of Denmark at Washington.
Refers to the claim made by the German Government to the 3-15 rate of tonnage dues; incloses correspondence with the legation of Sweden and Norway; refers to the request of the Netherlands for the reciprocal abolition of tonnage dues in certain ports under section 11 of the act of June 19, 1886.
Correspondence with the Legation of Germany at Washington.
Same claim and same argument essentially as that made in the Belgian minister's note of June 19, 1885; asserts that the treaty of May 1, 1828, between Prussia and the United States, is valid for all Germany.
Same reply as that made to the Belgian minister on the same date. Acknowledges Mr. Bayard's note of November 7, and states that its contents have been brought to the knowledge of the Imperial Government. States that the line of argument taken by the United States in Mr. Bayard's note of November 7, 1885, is unusual, and is calculated to destroy the value of the "favored nation" clause; declares that Germany collects no tonnage tax; quotes a decision of the Secretary of the Treas ury of May 11, 1885, in favor of his position; asks a reconsideration of the matter. -IV
PAPERS RELATING TO DIFFERENTIAL RATES OF TONNAGE DUES-Continued.
Correspondence with the Legation of Germany at Washington-Continued.
Acknowledges Mr. von Alvensleben's note of February 16; states that it will receive consid-
Refers to act of June 19, 1886; states that while intended to be based on reciprocity, the idea is not logically carried out; the countries to which the three-fifteenths rate is granted may charge more than that rate on American vessels in their ports, but Germany is obliged to show that her rate of tonnage duty is below the six-thirtieths rate in order to obtain a reduction from that rate; alleges that this is in contravention of the favored nation" clause of the Prussian treaty with the United States; declines to accept the reasoning of Mr. Bayard's note of November 7, 1885, and asks for a further reply.
Acknowledges the minister's note of March 15, previous, requesting, under the "favored na- tion clause of the treaty with Portugal, the same favors for vessels coming from ports of Portugal as were granted under the President's proclamation of January 31 last to vessels from ports of Mexico and Central America; quotes opinion of Secretary of the Treasury; desires information as to amounts of tonnage duties lev- ied by Portugal.
Same reply made to the minister's note of March 15 as that made in Mr. Bayard's note to the Belgian minister of November 7.
20 Mr. Porter to Mr. Magee Aug. 5 Asks whether there is any difference in the rates (No. 49).
of tonnage dues charged in the ports of Sweden and in the ports of Norway; shows that at one time the rate was adjusted in the ports of Nor- way on a geographical basis, and states that the United States claimed the most favorable rate under Article VIII of the treaty of 1827, and that their claim was conceded.
Incloses translation of sections of the ordinances of Sweden and of Norway relating to tonnage ducs; gives the classification adopted in Norway in 1827, which is still in force.
PAPERS RELATING TO DIFFERENTIAL RATES OF TONNAGE DUES-Continued.
SWEDEN AND NORWAY-continued.
Correspondence with the Legation of Sweden and Norway at Washington.
Claims that the benefit of lower tonnage dues on vessels coming from certain regions to ports of the United States, granted under section 14 of the acts of June 26, 1884, should be extended, under Article VIII of the treaty of July 4, 1827, to vessels coming from ports of Sweden and Norway.
Restates claim made in his note of June 17, whether the reduction is based on geographical situation of the countries favored or on their na- tionality, makes no difference as regards the claim of Sweden and Norway. Acknowledges note of June 17, and makes same reply as that made to the Belgian minister in note of November 7.
States that Mr. Bayard's note of November 7 does not answer his of October 4; Sweden and Nor- way do not make their claim under the "favored nation" clause, but under Article VIII of the treaty of 1827; again submits claim.
Requests an answer to his notes of June 17 and October 4, 1885.
Acknowledges notes of June 17, October 4, and November 11, 1885; insists that section 14 of the act of June 26, 1884, does not conflict with Arti- cle VIII of the treaty of 1827; when Sweden and Norway have acceded to the terms of the act of 1884 they can enjoy the benefits thereof. Protests against the decision of the United States Government; reserves right to communicate further arguments under the instruction of his Government.
Incloses copy of instruction to him from the Swedish minister of foreign affairs, insisting that, under the favored nation" clause, and under Article VIII of the treaty of 1827, Swe- dish, Norwegian, and American vessels sailing from ports of Sweden and Norway to the United states, should be entitled to the 3-15 rate of ton- nage duty; argument of the question. Under instruction of his Government, protests against act of June 19, 1886, as in contravention of treaty of 1827, inasmuch as in certain cases it favors American vessels as compared with Swe dish and Norwegian; also protests against it as maintaining the position taken by the United States on the question of tonnage duties, a position which his Government can not accept. Acknowledges note of June 30 from Mr. de Reu- terskiöld; Count Ehrensvärd has confused "navigation" and "commerce"; Sweden and Norway can only claim privilege under Article VIII for their own vessels; it could not be al- lowed under the law to American vessels, and the Swedish construction of Article VIII would favor Swedish and Norwegian vessels at the expense of American; declines to admit this claim.
Acknowledges Mr. Reuterskiöld's note of No- vember 15; states that he has not shown wherein the acts of June 26, 1884, and June 19, 1886, favor United States vessels more than Swedish and Norwegian; admits that the act of 1886 does not grant the 3-15 rate of tonnage duty to Swedish and Norwegian vessels coming from ports of Sweden and Norway, but neither does it grant it to American vessels coming from those ports; insists that it is based on the correct principle.
34 Mr. Bayard to Mr. Reuterskiöld.
PAPERS RELATING TO DIFFERENTIAL RATES OF TONNAGE DUES-Continued.
SWEDEN AND NORWAY-continued. Correspondence with the Legation of Sweden and Norway at Washington-Continued. Incloses copies of correspondence between the United States and Sweden and Norway in 1828 in which the former demanded the lowest rate of tonnage duty charged in the ports of Norway, where a discrimination was made on a geo- graphical basis; the demand was conceded by Sweden and Norway, and the construction of Article VIII of the treaty of 1827 was admitted to be what the Swedish Government has main- tained throughout the present correspondence; he presumes the Government of the United States will abide by that construction and ad- mit the justness of the claim of Sweden and Norway.
Incloses copies of the correspondence passed be- tween the Department and the Swedish lega- tion; asks whether the Treasury can grant the 3-15 rate to Swedish and Norwegian vessels sailing from ports of Sweden and Norway. Acknowledges Mr. Bayard's letter of June 2; has referred matter to Commissioner of Naviga tion, whose decision is final; incloses report from latter stating that under the law the 3-15 rate can not be granted in the case in question.
States that the discriminating tonnage duty levied in Norway in favor of vessels trading with ports in the White Sea and Arctic Ocean has been abolished; asks that Congress shall remedy the conflict between Article VIII of the treaty of 1827 and the act of June 26, 1884. States that the matter will be communicated by the President to Congress.
CORRESPONDENCE RELATIVE TO THE ABOLITION OF TONNAGE DUES.
1887. Mr. Bayard to United States July 9 ministers (circular).
Mr. Roosevelt to Mr. Bay. Apr. 7 ard (No. 51).
Extract from an act of Congress "to abolish cer- tain fees for official services to American ves- sels," etc.; the- Government to be invited to co-operate; the act broad enough to effect a reduction or abolition of tonnage dues; a coun- try in which charges are less than in the United States may obtain a reduction, e. g., the Nether lands; the invitation extended to all countries; report to be made as to whether there is any discrimination against United States vessels in the ports of; proclamation of the President removing duties on vessels from ports of the Netherlands, and acts of Congress, public No. 67, of June 26, 1884, and No. 85, of June 19, 1886, inclosed.
Austria declines to co-operate in the abolition of tonnage dues, owing to the reduction in her port dues which would result from the necessary extension of the same treatment to all "most favored" nations; translation of Mr. Szöch- yeny's note inclosed.
Mr. Tree to Mr. Bayard Aug. 18 Department's circular of July 9, 1887, communi(No. 251).
cated to the Prince de Chimay in a note, of which copy is inclosed; will ascertain and report in regard to discrimination.
CORRESPONDENCE RELATIVE TO THE ABOLITION OF TONNAGE DUES-Continued.
45 Mr. Denby to Mr. Bayard Sept. 8 Dispatch communicating Department's circular (No. 450).
of July 9, 1887, to the Yamen being translated into Chinese; the subject of discrimination will be examined into.
1888. 48 Mr. Anderson to Mr. Bay- Feb. 24 ard (No. 208).
Department's circular of July 9, 1887, communi- cated to the Danish minister in a note; copy of note and translation of answer inclosed.
49 Same to same (No. 209)...... Feb. 25 Department's circular of July 9, 1887, made the
subject of two notes; the reply received from the Danish minister in answer to the first in re- gard to discrimination in tonnage dues; none yet received in regard to their proposed abolition; efforts to effect their abolition reported as being made: Count Sponneck instructed as to the po- sition of the Danish Government.
Mr. Flourens has submitted the propositions in Department's circular of July 9, 1887, to his col- leagues, and will communicate their opinion; he desires three more copies of the circular.
Department's circular of July 9, 1887, communi- cated to the German minister; United States Consul General von Versen reports that there is no discrimination in Germany against United States vessels; note to Count Berchem inclosed. Correspondence with the legation of Germany at Washington.
No tounage or equivalent tax levied on United States vessels, and no discrimination against them in German ports; the issuance of a proc- lamation by the President suspending the col- lection of tonnage taxes on vessels from Ger- man ports requested; rights and privileges heretofore claimed with regard to the treatment of German vessels in United States ports re- served; return of taxes collected on German shipping since June 19, 1886, requested. The President will at once issue a proclamation suspending the collection of tonnage dues on vessels from German ports; the requested re- turn of tonnage dues collected since June 19, 1886, reserved for consideration. Printed copies of the President's proclamation suspending the collection of tonnege dues on vessels from German ports inclosed. Duties again collected on the Saale at New York on her arrival from Bremen; requests that the authorities be instructed that their action is in contravention of the President's proclamation; papers inclosed.
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