A comparison of these regulations with those in force in the Netherlands, a
copy of which I had the honor to transmit to your excellency with my
[Page 704]
letter of the 18th of July last,
has demonstrated that there is in the application of the Moorsom system in
the two countries some difference, which, however, does not seem to me to
present an insurmountable obstacle to the reciprocal recognition of the
certificates of admeasurement, and I am instructed to submit to the approval
of the Government of the United States an arrangement more fully developed
and explained in the inclosed memorandum.
If the Government of the United States sees fit to accept the proposal in
question, I should be glad to receive, in order to submit it to the previous
consideration of my government, a draught of the instructions which would
subsequently be given by the Government of the United States for the
recognition of the certificates of admeasurement of the Netherlands.
I may add that the arrangement will comprise, equally and on the same footing
as in the Netherlands, the recognition of the certificates of admeasurement
of the United States in the colonies of the Netherlands, so far as the
Moorsom system has already been, or shall hereafter be, introduced there.
This recognition can be ordered at once for the Dutch Antilles (Curaçoa and
its dependencies) and Surinam. As to the Dutch East Indies, it will be
necessary to await the introduction of the Moorsom system in those colonies,
the preparatory steps for which have already been taken for some time, and
which will probably soon take place.
[Inclosure.—Translation.]
Decree of William III.
We, William III, by the grace of God King of the Netherlands, Prince of
Orange Nassau, Grand Duke of Luxemburg, &c.—
Having seen article 6 of the law of the 3d of June, 1875 (State Gazette
No. 101), &c.; having seen our decree of the 21st of August, 1875
(State Gazette No. 148); having taken in consideration that the method
of admeasurement of vessels which, since the 1st of January, 1876, has
been introduced in the Netherlands, has already, since the 1st of
January, 1855, been in operation in the United States of North America,
and that the Netherlands vessels provided with a Netherlands certificate
of admeasurement according to the said method are, from the (date) under
the necessary regulations, exempted from admeasurement in these
States—have resolved and decree:
Article I.
From the admeasurement in the Netherlands are exempted the vessels
belonging to the United States of North America, and provided with a
certificate of tonnage issued there by the competent authority after the
31st of December, 1889.
Article II.
The capacity of the vessel, as mentioned in the said certificate of
tonnage, is considered to be just as valid as if this capacity was found
by official admeasurement in the Netherlands.
Article III.
In the case as mentioned in article 3 of the present decree, the master
of the vessel, however, is entitled to apply for a Netherlands
certificate of tonnage without being compelled to have the whole vessel
measured. Upon such application there is to be acted as follows: The
capacity of the vessel mentioned in the foreign certificate of tonnage
is to be increased by the space taken by the fixed, covered, and closed
accommodations on the upper deck, which in the United States are not
included in the admeasurement.
[Page 705]
The capacity increased in this manner is to be considered as the gross capacity of the vessel in the Netherlands
certificate of tonnage. The net capacity is to be
made out entirely in the same manner as in the admeasurement of the
Netherlands vessels.
For the application of the aforesaid, the concerned parts of the vessel
are to be increased according to the Netherlands regulations.
For the different duties performed and mentioned in this article no costs
are to be claimed.
If, however, the master requests a readmeasurement, article 35, last
alinea of the said decree (of 21st August, 1875), is applicable.
Article IV.
The present decree will take effect on the——.
Proposed arrangement between the
Netherlands and the United States for the reciprocal recognition of
certificates of tonnage.
method of admeasurement.
It appears from a comparison of the Netherlands and United States
regulations governing the admeasurement of vessels that the method of
making out the capacity of the different parts of the vessel is the same
in both countries; with this difference, however, that in the United
States for the capacity under the upper deck, the cross-diameters are
always measured on two points more than the Netherlands (conf., pages
6–8 of the Netherlands instructions concerning the admeasurement of
vessels, and pages 70–73 of the regulations under the registration laws
1869). This difference in the method of calculation, however, cannot
give any important difference in the results, and this may not be, in
the opinion of the Netherlands government, a reason to refrain from the
admission of the certificates of tonnage of the United States. Likewise,
in Germany and in different other countries, where the same number of
cross-diameters are measured as in the Netherlands, the certificates of
tonnage of the United States are also recognized.
gross capacity.
In the United States, in order to make out the gross (whole) capacity of
the vessel, the whole space under the upper deck is taken increased with
the space which on that deck is taken by fixed covered and closed
accommodations as far as these are not used for motive power in
steamboats, for steering-house, for kitchens, for the management of the
capstan and for other similar purposes (conf. the said regulations,
articles 119 and 133). This proceeding differs from the one in the
Netherlands as far as that there in making out the gross capacity of the vessel, the fixed, covered, and closed
accommodations on the upper deck are included in the reckoning without
any difference as to their destination (conf. Netherlands regulations,
pages 5, 11, 12, 31, 40, and 41). The consequences of this difference of
ration of the gross capacity are, of course, that for many vessels the
capacity will be greater by admeasurement according to the Netherlands
regulations than by admeasurement according to the regulations of the
United States.
net capacity.
In what in the Netherlands is considered to be the net (taxable) capacity
of the vessels, there is besides a very great difference from what takes
place in the United States. In the Netherlands, and likewise in most
other countries where Moorsom’s system has been adopted, the spaces used
for the accommodation of the crew, and also the spaces taken in by the
engines and coal-houses in steamships, are deducted from the gross
capacity of the vessel without any difference whether these spaces are
under or on the upper deck. The remainder is considered to be the net
(taxable) capacity. In the United States no deduction is allowed for
similar spaces from the gross (whole) capacity. There, as aforesaid,
only the spaces on the upper deck for the motive power in steamboats are
not taken in consideration by making out the gross capacity, so that in
the United States there is, properly speaking, no difference between net
and gross capacity.
Since the 1st of January, 1876, when the Moorsom system was introduced in
the Netherlands, the certificates of tonnage of the United States are,
according to the instructions given by the former minister of finances,
already provisionally recognized in the Netherlands” as far as concerns
the gross capacity of the vessels, while the net
capacity is made out by deducting those spaces as well under as on deck,
which, according to the Netherlands regulations, are considered to be
free, after admeasurement so far as necessary, of the concerned parts of
the vessel. And in the United States the gross capacity mentioned in the
Netherlands certificate of tonnage, issued
[Page 706]
since the 1st of January, 1876, is recognized just
as if the same had been found out by admeasurement there.
This state of affairs is detrimental to the Netherlands navigation
because, in consequence of the said difference in the notion of gross
(whole) capacity, the vessels of the United States staying in the
Netherlands are coming into consideration for a smaller net capacity than the Netherlands vessels of the same
dimensions and arrangement, while to the contrary the Netherlands
vessels in the United States are considered to be larger than exactly
similar vessels of these States or other countries, viz, Germany, where
also some accommodations on the upper deck are not taken in
consideration by making out the gross capacity.
proposed new arrangement.
It is therefore desirable to make with the United States such agreement
concerning the reciprocal recognition of registers as whereby the said
difference will be compensated, and consequently a satisfactorily equal
treatment of our own and foreign flags obtained.
According to the views of the Netherlands Government this purpose could
be obtained most properly by an arrangement upon the following basis:
- A.
- Treatment in the Netherlands of vessels belonging to the
United States according to the annexed draught-decree.
- B.
- In the United States, exemption from admeasurement of vessels
belonging to the Netherlands and provided with a Netherlands
certificate of tonnage issued after the 31st of December,
1875.
From the gross capacity mentioned in this certificate of tonnage are to
be deducted the (in the Netherlands therein included), spaces on the
upper deck used for storage and attendance of flags, instruments, and
apparatus for the management of the vessel. Admeasurement thereof will
never be required, as the dimension of the above-mentioned spaces is
always mentioned in the Netherlands certificate of tonnage.
Furthermore, the master of the vessel shall be authorized, in case he may
desire it, to have also deducted from the gross capacity the kitchen on
the upper deck and the closed covered accommodations on the said deck
which are part of the space for motion-power in steamboats. The kitchen,
&c., whose dimension is not separately mentioned in the Netherlands
certificate of tonnage, are in such case to be admeasured in the United
States.
The gross capacity according to the Netherlands certificate of tonnage
reduced as aforesaid, is to be considered in the United States as the
taxable capacity of the wessel.
