No. 540.
Mr. Evarts
to Mr. Moran.
Department
of State,
Washington, October 29,
1879.
No. 168.]
Sir: A dispatch from Mr. Consul Dabney (No. 202) of
the 11th ultimo has again drawn attention to the terms of your No. 86,
relating to the acquirement for the United States, through proper
application to the Portuguese Government, of the tariff privileges of Annex
B, of the Franco-Portuguese treaty of 1866. You say that by the law of the
Cortes of January 26, 1876, the Government of His Majesty “is authorized to
extend to Great Britain and all other countries where Portuguese products
enjoy the benefits of the most-favored-nations clause, the benefit of the
said Annex B.”
Referring to the conclusions of your No. 122 on this subject, it would seem
that the Department has not heretofore felt it of sufficient importance to
make special application to be admitted to the above privileges, to which,
by the terms of the treaty with Portugal of 1840, it is evident that the
United States is entitled, but it has now been determined, more particularly
in view of the increasing trade of this country, that so long as such an
application appears to be held by that government, as a necessary
preliminary to an extension to the United States of the rights claimed under
the treaty of 1840, the proper action need not be longer delayed.
In connection with this instruction, I append hereto a copy of a letter on
the subject from the Secretary of the Treasury.
I am, &c.,
[Inclosure in Mr. Evarts’s No.
168.]
Mr. Sherman to Mr.
Evarts
Washington, October 23,
1879.
Sir: I have the honor to acknowledge the
receipt of your letter dated the 17th instant, inquiring whether
discriminating duties are levied on merchandise or vessels coming from
Portugal, and also whether this department considers it advisable that
the Government of Portugal should be requested to extend the scope of
its existing commercial treaty of 1866 with France to this country.
You state that under said treaty France was apparently placed on a more
favorable footing as regards the importation of numerous articles into
Portugal than any other country, and that under the provisions of the
treaty between Portugal and the United States, made in 1840, as well as
under a law of the Cortes of Portugal extending the
[Page 855]
benefits of the treaty with France to all
countries which do not impose differentia duties upon importations from
Portugal, this country is entitled to participate in the benefits
conferred upon France.
It appears, however, that this privilege has not been claimed, and that
the question is under consideration by you whether the representative of
the United States at Lisbon shall be instructed to address the
Portuguese Government upon the subject and claim such privilege.
In reply, I beg leave to state that section 2501 of the Revised Statutes
requires that there shall be levied on all goods, wares, and merchandise
of the growth or produce of the countries east of the Cape of Good Hope
(except wool, raw cotton, and raw silk as reeled from the cocoon, or not
further advanced than tram, thrown, or organzine), when imported from
places west of said cape, a duty of ten per centum ad valorem in
addition to the duties imposed on any such article when imported
directly from the place or places of its growth or production.
With the exception of the duties which might be levied under this
provision of law on importations of the character mentioned, from
Portugal, no discriminating duties are levied in the United States,
either on vessels or their cargoes coming from that country, and as you
state that importations into Portugal from this country ought to pay
from one-third to one-half less in the way of dues to that country than
they do, this department is of opinion that measures should be taken to
obtain from the Portuguese Government the benefits to which the United
States seems to be entitled.
Very respectfully,
JOHN SHERMAN,
Secretary of the
Treasury.
