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.,
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[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
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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.
