No. 544.
Mr. Moran
to Mr. Evarts.
Legation of
the United States,
Lisbon, March 15, 1880.
(Received April 5.)
No. 308.]
Sir: Referring to your No. 168 and my No. 86 and
other dispatches on the same subject, I have now the honor to state that I
made application by note to the Portuguese Government on the 27th of
November last, copy of which I inclose, asking that the United States might
be admitted to the benefits of Annex B, of the Portuguese-French treaty of
1866. On the 26th of February Mr. Braamcamp replied that the Government of
His Majesty had great satisfaction in being enabled to extend the benefits
alluded to to a nation with which it desires to strengthen its commercial
relations; and adding, that upon himself personally devolved the honor to
inform me that very shortly the necessary measures would be taken on the
subject. I inclose copy and translation of this note.
That same evening, viz, the 26th of February, I briefly telegraphed you that
the United States had been admitted to the benefits of Annex to B of the
Portuguese-French treaty of 1866, and 1 now inclose a copy thereof.
I acknowledged Mr. Braamcamp’s note of the 26th February the next day, and
herewith forward a copy.
The King’s decree announcing that the United States had been admitted to the
benefits of the said Annex B of the Portuguese-French treaty of 1866,
appeared in the Diario do Governo of the 9th instant, and I inclose copy and
translation of the same.
On the 12th instant Mr. Braamcamp informed me by note of the publication of
the decree in question, a copy and translation of which I inclose; and on
the 13th I acknowledged the receipt of that note, thus closing for the
present the correspondence on the subject.
[Page 861]
I likewise transmit herewith two printed Portuguese and French official
copies of the treaty; and two copies of an English blue-book, “Portugal No.
1, 1872,” with translation on page 3, of Annex B, showing the principal
differences in sterling between the general Portuguese tariff, and the
Portuguese tariff given to France. I have added to one of these copies a
translation of the two omitted classes, for the sake of completeness.
It will be seen by this translation of Annex B that the reduction in the,
duties fixed by it vary from 10 to 25 per cent. and upwards; but it is
stipulated by Article 3 of the treaty itself that—
Goods of French origin or manufacture mentioned in Tariff B,
contained in the present treaty, and imported direct by sea from
France, Algeria, or any French colonies under French or Portuguese
flags, will be admitted into Portugal subject to duty fixed in the
above-mentioned tariff, all additional duties included, except the
duty called “emolument duty,” being 3 per cent. on the principal
duty, which shall be continued to be levied.
That is to say that a further duty of 3 per cent. is levied on the gross
amount of duty as fixed by Annex B.
I forward also a printed copy of the general tariff of Portugal issued in
1877, which may interest the Department.
These papers give the history of the negotiation by which the United States
have been admitted from the 4th of March, 1880, to the enjoyment of the
privileges of Annex B of the Portuguese-French treaty of 1866; and I trust
that my course in carrying out your instructions on the subject will meet
with the approval of the President and yourself.
I have, &c.,
[Inclosure 1 in No. 308.]
Mr. Moran to Senhor
Braamcamp.
Legation of the United States,
Lisbon, November 27,
1879.
Monsieur le Ministre: In the month of June,
1376, I had an informal interview with Mr. Monteverde at the foreign
office, in the absence of Mr. Corvo, who was ill, and asked him what
steps would be necessary on the part of the United States Government to
be admitted to the benefits of Annex B of the Franco-Portuguese treaty
of the 11th of July, 1866. He replied that if the United States treated
Portuguese goods and products on the same footing as France, that is,
under the most favored nation clause, he saw no difficulty in extending
the law of 28th of January, 1876, and benefits of the treaty of 1866 to
the United States. He said that by law the Government of His Most
Faithful Majesty was authorized to extend to Great Britain and all other
countries where Portuguese goods and products enjoy the benefits of the
most-favored nation clause, the benefit of the said Annex B. But Mr.
Monteverde added that it would be necessary for me to apply to His
Majesty’s Government by note asking that the United States might be
admitted to the privileges of Annex B, and placing the request for such
benefits upon the treaty between the United States and Portugal of 1840,
and the law of the Cortes of the 26th of January, 1876. The government
would then consider the subject, and reply, he had no doubt, in a
satisfactory manner.
I accordingly reported this conversation to my government, but the
Department of State has not until recently instructed me to make
application for the United States to be admitted to the privileges of
said Annex B; to which annex, by the terms of the treaty with Portugal
of 1840, it is evident that the United States is entitled, and it has
now determined, in view of the increasing trade between the two
countries, that so long as such an application appears to be held by the
Portuguese Government as a necessary preliminary to an extension to the
United States of the rights claimed under the treaty of 1840, the proper
application be no longer delayed, and I have accordingly the honor to
make it now.
There are now no differential duties imposed in the United States on
importations from Portugal of goads and products of that country. But I
beg to state that section 2501 of the Revised Statutes of the United
States requires that there shall be levied
[Page 862]
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 10 per centum ad valorem in addition to the duty
imposed on any such article when imported directly from the place or
places of its growth or production.
This law applies to such importations in vessels of all nations, and with
the exception of the duties which might be so levied under this
provision of law on importations of the character mentioned from
Portugal, no discriminating duties whatever are levied in the United
States either on vessels or their cargoes coming from Portugal, and
consequently importations from the United States into Portugal such as
are described in Annex B of the French-Portuguese treaty of July 11,
1866, ought not to pay higher duties than French goods and products of a
similar character.
Having thus submitted the application on behalf of my government to be
admitted to the privileges and benefits of the said Annex B, I have to
express the hope that I may be honored with an early and favorable reply
from His Most Faithful Majesty’s Government.
I have, &c.,
[Inclosure 3 in No. 308.]
Senhor Braamcamp to
Mr. Moran
Ministry of Foreign Affairs, Direction
of Commercial Affairs.
Señor Benjamin Moran, &c., &c., &c.,:
I have to acknowledge the note which your excellency did me the honor to
address to me on the 27th of November last, asking that the benefit of
Annex B, of the treaty of the 11th of July, 1866, between Portugal and
France, should be extended to the United States.
In view of the declaration made by your excellency, that the productions
of the soil and of the industry of Portugal are treated by the United
States as are those of the most favored nations, the Government of His
Majesty has much satisfaction in being enabled to extend the benefits
alluded to to a nation with which it desires to strengthen its
commercial relations, and upon me personally devolves the honor to
inform your excellency that very shortly the necessary measures will be
taken on the subject.
I avail, &c.,
ANSELMO JOSÉ BRAAMCAMP.
Department of Foreign
Affairs,
February 26, 1880.
[Inclosure 4 in No.
308.—Telegram.]
Mr. Moran to Mr.
Evarts
Lisbon, February
26, 1880—7½ p.m.
Evarts, Secretary, Washington:
United States admitted to benefits of Annex B, Portuguese-French treaty
of 1866.
[Inclosure 5 in No. 308.]
Mr. Moran to Senhor
Braamcamp
Legation of the United States,
Lisbon, February 27,
1880.
Monsieur le Ministre: I have great pleasure in
acknowledging the receipt of the note which your excellency did me the
honor to address to me under date of the
[Page 863]
26th instant, informing me, in reply to my note of
the 27th of November last, that the Government of His Most Faithful
Majesty has much satisfaction in being enabled to extend the benefits of
Annex B, of the treaty of 11th July, 1866, between Portugal and France,
to the United States, with which nation it greatly desires to strengthen
its commercial relations; and adding that upon your excellency
personally devolves the honor to inform me that very shortly the
necessary measures will be taken on the subject.
I have to express to your excellency my personal satisfaction with this
determination of His Majesty’s Government, which I am sure will tend to
strengthen and increase the commercial relations between the two
countries, and I shall look with the liveliest interest for the public
announcement which your excellency informs me will be shortly made of
the completion of the necessary steps on the subject.
Renewing the assurances, &c.,
[Inclosure 7 in No.
308.—Translation.]
Decree admitting United States to benefits of Annex
B of Franco-Portuguese treaty
Ministry of Foreign Affairs, Direction
of Consulates and Commercial Relations.
In view of Article 3, of the treaty of commerce and navigation, concluded
on the 26th of August, 1840, between Portugal and the United States, and
being desirous of strengthening the commercial relations between the two
countries, it has been decided that the benefits of Tariff B, annexed to
the treaty of the 11th of July, 1866, between Portugal and France, shall
be extended to the productions of the soil and industry of the United
States.
The ministers and secretaries of state for foreign affairs and of the
treasury are charged with the duty of carrying out the present.
Palace,
March 4,
1880.
- The KING.
- Anselmo José Braamcamp.
- Henrique de Barros Gomez.
[Inclosure 9 in No.
308.—Translation.]
Senhor Braamcamp to
Mr. Moran.
Ministry of Foreign Affairs, Direction
of Commercial Affairs.
Senhor Benjamin Moran, &c., &c., &c.:
In addition to my note of the 6th instant, I have the honor to make known
to your excellency that the decree applying to the United States the
benefits of Tariff B, annexed to the treaty of the 11th of July, 1866,
between Portugal and France, was made public in the Diario do Governo of
the 9th of the present month of March.
Availing myself, &c.,
ANSELMO JOSÉ BRAAMCAMP.
Department of State for
Foreign Affairs,
March 12,
1880.
[Inclosure 10 in No. 308.]
Mr. Moran to Senhor
Braamcamp
Legation of the United States,
Lisbon, March 13,
1880.
Monsieur le Ministre: I have the honor to
acknowledge the receipt of your excellency’s note of the 12th instant,
informing me that the royal decree admitting the
[Page 864]
United States to the benefits of Annex B, of the
treaty between Portugal and France’ was published in the Diario do
Governo, No. 54, of the 9th instant. I have already procured copies of
this publication and shall forward them at an early date to my
government, with full information as to the readiness with which His
Majesty’s Government admitted the United States to the benefits named,
and I have no doubt that in due time, I shall receive instructions to
convey the thanks of the Government of the United States to that of His
Majesty for its prompt compliance with the request on the subject of the
treaty contained in my note of the 27th November last.
I avail myself, &c.,
