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Treaty between Great Britain and
Colombia

, Feb. 16, 1866, Art. VIII., { Accounts and ePapers, 1867, vol Belgium, July 23, 1862, VI., Id., 1863, vol. LXXIII., (45.)

France, Jan. 23, 1860, ". X., Id., 1860, vol. LXVIII., (30.) Treaty between France and

Sweden and Norway, Feb. 14, 1865, Art. II., 9 De Clercq, 172. Free Cities of Humbucke, Mar. 4,1865,

IV., 9 Id., 187. Grand Duchy of Meck

lenburg - Schwerin-
(extended to the) Grand June 9, 1865, IV., 9 Id., 295.
Dachy of Mecklenburg-

Strelitz,
Portugal,

July 11, 1866,

9 Id., 558. Russia,

June 14, 1857, “ VI., 7 Id., 278. By the treaty between Great Britain and Prussia, August 16, 1865, (AC counts and Papers, 1866, vol. LXXVI., 38,) it is provided that ships and their cargoes of each of the parties in the dominions of the other, shall be treated in every respect as national ships and their cargoes. But this stipulation does not affect the exclusive rights connected with fishery belonging to the subjects of either country, nor the local immunities en. joyed by a privileged class in Great Britain.

Discriminating dutiesNo. higher or other duties shall be imposed by either nation on the importation from the other nation of articles, the growth, produce, or manufacture of the other nation, than are or shall be imposed on the like articles from any nation whatever. Treaty between the United States and

Nicaragua, June 21, 1867, Art. IV., 15 U. 8. Stat. at L. (17.,) 59.
Dominican Re-

IX.,15 Id., (Tr.,) 167.
public,
Bolivia, May 13, 1858, VI., 12 Id., 1007.
Belgium, July 17, 1858, XIII., 12 Id., 1047.

Venezuela, Aug. 27, 1860, IX., 12 Id., 1148.
And see treaty between the United States and

Paraguay, Feb. 4, 1859, Art. IV., 12 Id., 1093. By the treaty between the United States and the Netherlands, 1852, Art. V., (10 7. S. Stat. at L., 985,) discriminating duties are allowed to some extent.

The treaty between Great Britain and Austria, Dec. 16, 1865, Art. VI., (Accounts and Papers, 1866, vol. LXXVI., 38,) provides that internal imposts which are levied in the territory of one party on the production, preparation, or use of any article, whether on account of the State, or on account of municipalities and corporations, shall under no pretext affect the productions of the other party in a higher or more onerous degree than the same productions of native origin.

Products of fisheries are also expressly mentioned as in addition to other articles of produce, growth or manufacture in the treaty between

0} Feb. 8, 1867,

}

the United States aud the Dominican Republic, Art. IX. ; The Two Sici. lies, Art XIV., above.

Goods in transit are included in the treaty between the United States. and the Swiss Confederation, Nov. 25, 1850, Art. IX., (11 U. 8. Stat. at L., 592.)

Charges on unladen cargo.Foreign vessels entering a port and wishing to discharge a part of their cargo may, subject to the laws and regulations of the nation, keep on board such of the cargo as is destined to another port, whether of the same country or of another, and carry it thither, without being required to pay for such part of their cargo any duties or charges save those of the service of the port, and those are chargeable only at the same rate as is fixed for domestic vessels. Treaty between France and Free Cities of Lubeck,

Bremen and Ham. Mar. 4, 1865, Art. X., 9 De Clercq, 187.

burg,
Portugal,

July 11, 1866, “ XXVI., 9 Id., 558.
Russia,

June 14, 1857, VII., 7 Id., 278. By the convention between the United States and Belgium, July 17, 1858, Art. XI., (12 U. 8. Stat. at L., 1043,) cargo retained on the ships of one nation while in the ports of the other, and destined for any foreign country, is not subject to any charges whatever other than those for the prevention of smuggling.

The most favored nation clause, which is adopted between some Christain powers, as well as with uncivilized or non-Christian States, seems to be a shifting rule, not adapted to a permanent Code. Fully stated, it seems to be as follows:

“ It being the intention of the two high contracting parties to bind themselves by the preceding articles, to treat each other on the footing of the most favored nation, it is hereby agreed between them, that any favor, privilege, or immunity whatever, in matters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subje or citizens of the other high contracting party gratuitously, if the concession in favor of that other nation shall have been gratuitous; or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.” This is the form in which it appears in the treaty between the United States and

Honduras, July 4, 1864, Art. III., 13 U. 8. Stat. at L., 699.
See, also, to similar effect, treaty between France and
Netherlands,

July 7, 1865, Art. XXXVIII.,9 DeClercq,337.
Free Cities of Lubeck, Mar. 4, 1865,
Bremen and Hamburg,

XXII., 9 Id., 187.
Grand Duchy of Meck.

lenburg - Schwerin
(extended to the) Grand June 9, 1865, “ XXIII., 9 Id., 295.
Duchy of Mecklenburg-
Strelitz,

For the exception to the most favored nation clause in favor of frontier traffic, Federal laws, &c., see the treaty between Great Britain and Austria, Dec. 16, 1865, Art. II., Accounts and Papers, 1866, vol. LXXVI., (38.)

The treaty between Great Britain and Prussia, above referred to, provides for "equality of treatment with native subjects in regard to charges on loading and unloading, to warehousing and the transit trade, as also in regard to bounties, facilities, and drawbacks."

Some of the treaties are, like Article 409, much more general than the treaties above referred to. For instance, the language of the recent treaty between Great Britain and Prussia, August 16, 1865, Art. I., (Accounts and Papers, 1866, vol. LXXVI., 38,) is as follows :

“ British ships and their cargoes shall, in Prussia, and Prussian ships and their cargoes shall, in the United Kingdom of Great Britain and Ire. land, from whatever place arriving, and whatever may be their place of destination, and whatever may be the place of origin or destination of their cargoes, be treated in every respect as national ships and their cargoes.

• It is, however, agreed that the preceding stipulation shall not affect the rights connected with fishery belonging exclusively to the subjects of either country, within their respective marine territorial limits, nor the local immunities enjoyed in Great Britain not by British subjects generally, but only by certain privileged classes in certain posts."

By the treaty between the United States and The Two Sicilies, Oct. 1, 1855, Art. VI., (11 U. 8. Stat. at L., 643,) it is provided that the reciprocity established shall not extend to premiums which either nation may grant to their own citizens or subjects to encourage the building of ships to sail under their own flag.

? Treaty between the United States and The Two Sicilies, above cited; Bolivia, May 13, 1858, Art. IV., (12 U. 8. Stat. at L., 1006 ;) Hayti, Nov. 3, 1864, Art. XI., (13 Id., 711.)

A similar provision is contained in the treaty between France and the Grand Duchy of Mecklenburg-Schwerin, (extended to the) Grend Duchy of Mecklenburg-Strelitz, June 9, 1865, Art. VIII., 9 De Clercq, 295. Compare treaty between France and Russia, June 14, 1857, Art. XII.,

278.

7 Ia.,

Restrictions on examination of cargo and charges.

410. Except as otherwise provided in this Code, foreign ships cannot be subjected to account for their freight, unless preparing to discharge it; nor to pay any charges, unless they enter port; and then only such as are chargeable upon domestic ships in the like

cases.

Suggested by treaties between the United States and Prussia, 1785, (8 U. 8. Stat. at L., 84 :) Bolivia, May 13, 1858, Art. III., (12 Id., 1005,) which have a provision to the effect that no examination required by the laws of either nation, of property laden in its ports on the ships of the other, can be required after the lading; and such ships shall not be searched, unless property has been clandestinely and illegally laden; in which case, the person by whose order it was carried on board, or who carried it without order, is liable to the local law; but no other person shall be molested, nor shall any other goods, nor the vessel, be detained for that cause.

It does not, however, seem desirable to recognize such a rule as of general obligation.

Ships exempt from tonnage dues.

411. The following ships are free from tonnage dues on entry, sojourn, or departure :

1. Public armed ships ;

2. Ships which, entering in ballast from whatever place, neither discharge ballast, nor take in freight;

3. Ships which, passing from one port to another of the same nation, whether it be to discharge all or a part of their freight, or to lade freight, have already paid such charges;

4. Steamships engaged in the postal service, or the transportation of travellers and their baggage, and in no other commerce ;

5. Ships which, entering a port, whether voluntarily or by stress, leave it without performing any act of commerce ;' and,

6. Pleasure yachts, the passports of which state their quality as such, and which have on board no goods subject to duty, and leave port without performing any act of commerce.'

Subdivisions 2, 3, 4 and 5 are from the treaty between France and Portugal, July 11, 1866, Art. XXVII., (9 De Clercq, 558;) Sweden and Norway, Feb. 14, 1865, Art. VII., (9 Id., 172.)

9 The declaration between France and several other continental Powers, (7 De Clercq, 622, 636,) provides that such yachts are free from all duties of navigation, but requires that they carry away all persons who arrived by them.

The treaties between France and the Free Cities of Lubeck, Bremen and Hamburg, March 4, 1865, Art. IX., (9,De Clercq, 187;) and with the Grand Duchy of Mecklenburg-Schwerin–extended to the) Grand Duchy of Mecklenburg-Strelitz, June 9, 1865, Art. IX., (9 Id., 295,) are to similar effect, except that they do not mention steamships as above, and the first mentioned does not declare such vessels free from tax, but only puts them upon the same footing as domestic vessels.

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What acts not to be considered acts of commerce. 412. The following acts in a port of refuge are not to be considered as acts of commerce, within the last article :

1. Unlading and relading merchandise for the repair or purification of the same, or of the ship;

2. The transfer of merchandise from one ship to another, in case the former proves unseaworthy;

3. Expenditures necessary for food and equipment; and,

4. The sale of damaged freight, by authority of the proper revenue officers. Treaty between France and Sweden and Norway, Feb. 14, 1865, Art. VII., 9 De Clercq, 172. Free Cities of Lubeck,

Bremen and Hamburg, 5

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Computation of tonnage. 413. All tonnage dues on a foreign ship bearing a passport such as is prescribed by article 278, must be reckoned either according to the tonnage stated in the passport, or according to the mode of measurement in use in the port where the ship lies, as the master may elect.

Free Cities

Treaty between France and

ock, Mar. 4, 1865, Art. V., 9 De Clercq, 187. Bremen and Hamburg, 5" Grand Duchy of Meck)

lenburg-Schwerin (ex.
tended to the) Grand June 9, 1865, “ V., 9 Id., 295.
Duchy of Mecklen-
burg-Strelitz,
Austria,

Dec. 11, 1866, “ II., 9 Id., 658.
Pontifical States,

July 29, 1867, " XI., 9 Id., 739.
Honduras,

Feb. 22, 1856, “ XI., 7 Id., 10.

Exception as to fisheries, coasting trade, and internal navigation.

414. The provisions of this Title do not prevent a nation from giving to its members, or to domestic ships' of any kind,' exemptions, privileges, or exclusive rights in reference to :

1. The national fisheries, or their produce ;' or,

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