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

teenth section extended to their vessels sailing to this country from ports outside the limitation of the act.

Your able and comprehensive discussion of the subject renders it quite unnecessary for me to treat it at large.

I have the honor to be, your most obedient servant,

W. A. MAURY,

Acting Attorney General.

THE SECRETARY OF STATE.


DUTY--IMPORTED SALT--TREATY WITH PRUSSIA1

The treaty of May 1, 1828, between the United States and the Kingdom of Prussia, is to be taken as operative as respects so much of the German Empire as constitutes the Kingdom of Prussia. Semble, that it is not, effective as regards the rest of that Empire.

The "most favored nation clause" in that treaty is not violated by paragraph 608 of the tariff act of August 27, 1894, laying a discriminating duty on salt imported from a country which imposes a duty on salt exported from the United States.

In case of conflict between a treaty and a subsequent statute, the latter governs.

The laws of a foreign country are not known to the attorney general, but are facts to be proved by competent evidence.

As to when the discriminating duty aforesaid applies to a country which imposes a duty on salt exported from the United States but lays a counter- vailing excise tax on domestic salt. Quære.

DEPARTMENT OF JUSTICE,

November 13, 1894.

Sir: I have the honor to acknowledge your communication of October 27, asking my official opinion upon the question whether salt imported from the Empire of Germany is dutiable under paragraph 608 of the tariff act of August 27, 1894. That paragraph, which puts salt in general on the free list, contains the following proviso:

Provided, That if salt is imported from any country whether independent or a dependency which imposes a duty upon salt exported from the United States, then there shall be levied, paid, and collected upon such salt the rate of duty existing prior to the passage of this act.

____________________
1
Official Opinions of the Attorneys General of the United States, vol. 21, p. 80.

-142-

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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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