No. 43.
Mr. Tree to Mr. Bayard
.
Legation of the United States,
Brussels
,
August 18, 1887. (Received August
29.)
No. 251.]
Sir: I have the honor to acknowledge the
receipt of your instruction of July 9 last, without number,
directing me to invite the Government of Belgium to cooperate with
the Government of the United States towards the ends contemplated by
section 12 of the act of Congress approved June 19, 1886, with
reference to the abolition of certain fees for official services to
American vessels, etc., and to inclose herewith a copy of my note
written to the Belgium minister of foreign affairs in obedience
thereto.
It will be observed that I have almost literally followed the
language of the act and of the instruction in extending the
invitation directed and in explaining the provisions of the law, as
the best exposition of its terms and construction.
With reference to that branch of the instruction directing me to
ascertain whether in the ports of Belgium any discrimination exists
against vessels of the United States as compared with the vessels of
Belgium (other than those engaged in the coasting or colonial
trade), or the vessels of any third country, I will take immediate
steps to inform myself if possible, and duly report to you any
discriminations if they should be found to exist, and the precise
nature and extent thereof.
I have, etc.,
[Page 1921]
[Inclosure in No.
251.]
Mr. Tree to
the Prince de
Chimay
.
Legation of the United States,
Brussels
,
August 8, 1887.
Your Excellency: I have the honor to
bring to your excellency’s notice, for the purpose hereinafter
expressed, the following sections of an act of the Congress of
the United States, approved June 19, 1886, entitled “An act to
abolish certain fees for official services to American vessels
and to amend the laws relating to shipping commissioners,
seamen, and owners of vessels, and for other purposes.”
- “Sec. 2. That section fourteen
of ‘An act to remove certain burdens on the American
merchant marine and encourage the American foreign carrying
trade, and for other purposes,” approved June twenty-sixth,
eighteen hundred and eighty-four, be amended so as to read
as follows:
- “Sec. 14. That in lieu of the
tax on tonnage of thirty cents per ton per annum imposed
prior to July first, eighteen hundred and eighty-four, a
duty of three cents per ton, not to exceed in the aggregate
fifteen cents per ton in any one year, is hereby imposed at
each entry on all vessels which shall be entered in any port
of the United States from any foreign port or place in North
America, Central America, the West India Islands, the Bahama
Islands, the Bermuda Islands, or the coast of South America
bordering on the Caribbean Sea, or the Sandwich Islands, or
Newfoundland; and a duty of six cents per ton, not to exceed
thirty cents per ton per annum, is hereby imposed at each
entry upon all vessels which shall be entered in the United
States from any other foreign ports, not, however, to
include vessels in distress or not engaged in trade: Provided, That the President of the
United States shall suspend the collection of so much of the
duty herein imposed on vessels entered from any foreign port
as may be in excess of the tonnage and lighthouse dues, or
other equivalent tax or taxes imposed in said port on
American vessels by the Government of the foreign country in
which such port is situated, and shall, upon the passage of
this act, and from time to time thereafter, as often as it
may become necessary by reason of changes in the laws in the
foreign countries above mentioned, indicate by proclamation
the ports to which such suspension shall apply, and the rate
or rates of tonnage duty, if any, to be collected under such
suspension: Provided further, That
such proclamation shall exclude from the benefits of the
suspension herein authorized the vessels of any foreign
country in whose ports the fees or dues of any kind or
nature imposed on vessels of the United States, or the
import or export duties on their cargoes, are in excess of
the fees, dues, or duties imposed on the vessels of the
country in which such port is situated, or on the cargoes of
such vessels; and sections forty-two hundred and
twenty-three and forty-two hundred and twenty-four, and so
much of section forty-two hundred and nineteen of the
Revised Statutes as conflicts with this section are hereby
repealed.
- “Sec. 12. That the President be,
and hereby is, directed to cause the governments of foreign
countries which, at any of their ports, impose on American
vessels a tonnage tax or lighthouse dues, or other
equivalent tax or taxes, or any other fees, charges, or
dues, to be informed of the provisions of preceding section,
and invited to co operate with the Government of the United
States in abolishing all lighthouse dues, tonnage taxes, or
other equivalent tax or taxes on, and also all other fees
for official services to, the vessels of the respective
nations employed in the trade between the ports of such
foreign country and the ports of the United States.
- “Sec 17. That whenever any
foreign country whose vessels have been placed on the same
footing in the ports of the United States as American
vessels (the coastwise trade excepted) shall deny to any
vessel of the United States any of the commercial privileges
accorded to national vessels in the harbors, ports, or
waters of such foreign country, the President, on receiving
satisfactory information of the continuance of such
discriminations against any vessels of the United States, is
hereby authorized to issue his proclamation excluding on,
and after such time as he may indicate, from the exercise of
such commercial privileges in the ports of the United States
as are denied to American vessels in the ports of such
foreign country, all vessels of such foreign country of a
similar character to the vessels of the United States thus
discriminated against, and suspending such concessions
previously granted to the vessels of such country; and on
and after the date named in such proclamation for it to take
effect if the master, officer, or agent of any vessel of
such foreign country excluded by said proclamation from the
exercise of any commercial privileges shall do any act
prohibited by said proclamation in the ports, harbors, or
waters of the United States for or on account of such
vessel, such vessel and its rigging, tackle, furniture, and
boats, and all the goods on board, shall be liable to
seizure and to forfeiture to the United States, and any
person opposing any officer of the United States in the
enforcement of the act or aiding or abetting any other
person in such opposition, shall forfeit [Page 1922] eight hundred dollars, and
shall he guilty of a misdemeanor, and upon conviction shall
be liable to imprisonment for a term not exceeding two
years.”
I have the honor to inclose herewith for the further information
of your excellency a copy of the act of June 19, 1886, as well
as of the act of June 26, 1884, which is amended by the one of
1886.
In pursuance of the provisions of section 12 of the act of 1886,
above quoted, I am instructed by my Government to invite the
cooperation of His Majesty’s Government with the Government of
the United States in abolishing all lighthouse dues, tonnage
taxes, or other equivalent tax or taxes on, and also all other
fees for official services to, the vessels of the respective
nations employed in the trade between the ports of Belgium and
the ports of the United States.
It will be seen that the provisions of the sections above set
forth are broad enough to cover either a reduction or a complete
abolition by reciprocal action of tonnage and equivalent charges
on navigation, and it is open to any foreign country in all or
any of whose ports a less charge is made than that now imposed
in the ports of the United States to obtain forthwith a
reduction of the charge in the United States on vessels coming
from such port or ports to an equality with that levied in the
port or ports designated. As an evidence of this I have the
honor to inclose a copy of the proclamation of the President of
April 22, 1887, following the arrangement entered into between
the Government of the United States and that of the Netherlands,
whereby complete exemption from tonnage dues is secured to all
vessels of whatever nationality entering ports of the United
States from the ports of the Netherlands in Europe or from
certain named ports of the Dutch East Indies.
It is to be observed that the invitation made to foreign
countries under the provisions of section 12 of the act is
equally extended to all countries, both those having ports
within the geographical zone to which under the shipping acts
1884 and 1886 the rate of 315 cents per ton applies, and those
which have no ports within that zone and to which the rate of
630 cents per ton now applies.
The rate of 3–15 cents per ton was geographical and involved no
test of flag. The object and intent of the present invitation is
to deal on the basis of reciprocity with countries as
nationalities, whether situated within or without the
geographical limits referred to.
In communicating the invitation herein contained I am instructed
by my Government to convey to your excellency the fullest
assurance of its entire friendliness, and of the desire of the
United States to treat the commerce and flag of Belgium on the
footing of the most complete reciprocity in those matters to
which the invitation relates.
I avail, etc.
