The Treaties of 1785, 1799, and 1828 between the United States and Prussia, as Interpreted in Opinions of Attorneys General, Decisions of Courts, and Diplomatic Correspondence

By James Brown Scott; Carnegie Endowment for International Peace | Go to book overview

the States of the North German Union that may call for renewed consideration of the subject by your department.

I am, sir, very respectfully,

Your obedient servant,

WM. M. EVARTS.

HON. WM. H. SEWARD,

Secretary of State.


TONNAGE DUTY1

The discrimination as to tonnage duty in favor of vessels sailing from the regions mentioned in the act of June 26, 1884, chapter 121, and entered in our ports, is purely geographical in character, inuring to the advantage of any vessel of any Power that may choose to transport between this country and any port embraced by the fourteenth section of that act.

DEPARTMENT OF JUSTICE,

September 19, 1885.

Sir: Your communication of the 8th September, instant, with the inclosures therein referred to, has received my deliberate consideration, and I have the honor to submit, in reply, that I agree with you entirely in the interpretation you place on the fourteenth section of the act of Congress of the 26th June, 1884, entitled "An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes," and in your conclusion that the claims set up by the several Powers mentioned by you are not, founded.

The discrimination as to tonnage duty in favor of vessels sailing from the regions mentioned in the act and entered in our ports is, I think, purely geographical in character, inuring to the advantage of any vessel of any Power that may choose to fetch and carry between this country and any port embraced by the fourteenth section of the act.

I see no warrant, therefore, to claim that there is anything in "the most favored nation" clause of the treaty between this country and the Powers mentioned that entitles them to have the privileges of the four-

____________________
1
Official Opinions of the Attorneys General of the United States, vol. 18, p. 260. For the diplomatic correspondence, see post, p. 151. See also the case of North German Lloyd S. S. Co. v. Hedden, ante, p. 100.

-141-

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The Treaties of 1785, 1799, and 1828 between the United States and Prussia, as Interpreted in Opinions of Attorneys General, Decisions of Courts, and Diplomatic Correspondence
Table of contents

Table of contents

  • Title Page iii
  • Prefatory Note v
  • Contents vii
  • Texts of the Treaties 1
  • Decisions of Federal Courts 67
  • Opinions of Attorneys General of the United States 137
  • Tonnage Duty 141
  • Tonnage Duty 142
  • Extracts from a Proclamation by the President of the United States, August 22, 18701 147
  • Diplomatic Correspondence 149
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