give bond to land

from any of the above enumerated British colonial ports, any article of the growth, pro- 1 March 1821. duce or manufacture of the United States, or any other article legally imported therein, the exportation of which, elsewhere, shall not be prohibited by law: Provided, That British vessels to when exported in any such British vessel, before the shipment of any such articles, them at the place security, by bond, shall be given to the United States, in a penalty equal to half the designated. value of the said articles; such bond to be taken of the owner, consignee or agent by the collector of the port at which the said British vessel shall have entered, for the due landing of the said articles, at the port or ports, being of the British colonial ports herein above enumerated, for which the said vessel shall clear out, and for producing a certificate thereof, within twelve months from the date of said bond, under the hand and seal of the consul, or commercial agent of the United States, resident at the port where the said articles shall have been landed; or if there shall be no consul or commercial agent of the United States residing there, such certificate to be under the hand and seal of the chief officer of the customs at such port, or under the hand and seal of two known and reputable merchants residing at such port; but such bond may be discharged, by proof, How discharged. on oath, by credible persons, that the said articles were taken by enemies, or perished in the seas.

to be lawful.

And it shall not be lawful to export, from the United States, any article Direct trade only whatsoever, to any of the above enumerated British colonial ports, in any British vessel, other than such as shall have come directly from one of the said ports to the United States; nor shall it be lawful to export from the United States any article whatsoever, in any British vessel, having come from any of the said enumerated ports, to any other port or place whatsoever, than directly to one of the said ports. And in case any such Forfeiture f articles shall be shipped or waterborne, for the purpose of being exported contrary to this act, the same shall be forfeited, and shall and may be seized and prosecuted, in like manner as for any other violation of the revenue laws of the United States.

violation.

Ibid. 26.

British colonial

United States.

35. This act, unless repealed, altered or amended by congress, shall be and continue in force so long as the above enumerated British colonial ports shall be open to the To continue in admission of vessels of the United States, conformably to the provisions of the British force so long as act of parliament of the 24th of June last, being the forty-fourth chapter of the acts ports are open t of the third year of George the Fourth. But if at any time the trade and intercourse vessels of the between the United States and all or any of the above enumerated British colonial ports, authorized by the said act of parliament, should be prohibited by a British order in council, or by act of parliament, then, from the day of the date of such order in council, or act of parliament, or from the time that the same shall commence to be in force, proclamation to that effect having been made by the president of the United States, each and every provision of this act, so far as the same shall apply to the intercourse between the United States and the above enumerated British colonial ports, in British vessels, shall cease to operate in their favor; and each and every provision of the "Act concerning navigation," approved on the 18th of April 1818; and of the act supplementary thereto, approved on the 15th of May 1820, (a) shall revive and be in full force.

Ibid. 27.

Other ports

36. If any British colonial port in the American hemisphere, other than those hereinabove enumerated, should, by virtue of a British order in council, be opened to vessels of the United States, conformably to the provisions of the said act of parliament of the which may be twenty-fourth of June last, each and every provision of this act shall extend to the same, can vessels to be from the time when it shall be so opened to the vessels of the United States.

opened to Ameri

within this act.

Ibid. 28.

37. The form of the bond aforesaid shall be prescribed by the secretary of the treasury; and all penalties and forfeitures, incurred under this act, shall be sued for, reco- Form of bond. vered, distributed and accounted for, and the same may be mitigated or remitted, in the Penalties, &c. manner and according to the provisions of the revenue laws of the United States.

4 Stat. 419.

38. Whenever the president of the United States shall receive satisfactory evidence 29 May 1830, ? 1. that the government of Great Britain will open the ports in its colonial possessions in the West Indies, on the continent of South America, the Bahama Islands, the Caicos, President may declare the ports and the Bermuda or Somer Islands, to the vessels of the United States, for an indefinite of the United States open to or for a limited term; that the vessels of the United States and their cargoes, on enter- British reels ing the colonial ports aforesaid, shall not be subject to other or higher duties of tonnage from the colonies on reciprocal or impost, or charges of any other description, than would be imposed on British vessels measures being or their cargoes, arriving in said colonial possessions from the United States; that the adopted by the British governvessels of the United States may import into the said colonial possessions from the United ment. States any article or articles which could be imported in a British vessel into the said possessions from the United States; and that the vessels of the United States may export from the British colonies afore-mentioned, to any country whatever, other than the dominions or possessions of Great Britain, any article or articles that can be exported therefrom in a British vessel, to any country other than the British dominions or possessions as aforesaid; leaving the commercial intercourse of the United States, with all other (a) See supra, 25-8.

29 May 1830. parts of the British dominions or possessions, on a footing not less favorable to the United States, than it now is; and that then, and in such case, the president of the United States shall be, and he is hereby authorized at any time before the next session of congress, to issue his proclamation, (a) declaring that he has received such evidence; and, thereupon, from the date of such proclamation, the ports of the United States shall be opened, indefinitely or for a term fixed, as the case may be, to British vessels, coming from the said British colonial possessions, and their cargoes, subject to no other or higher duty of tonnage or impost, or charge of any description whatever, than would be levied on the vessels of the United States, or their cargoes, arriving from the said British possessions; and it shall be lawful for the said British vessels to import into the United States, and to export therefrom, any article or articles which may be imported or exported in vessels Navigation acts of the United States: and the act, entitled "An act concerning navigation," passed on to be suspended. the 18th day of April 1818; an act supplementary thereto, passed the 15th day of May 1820; and an act, entitled "An act to regulate the commercial intercourse between the United States and certain Brish ports passed on the 1st day of March 1823, are, in such case, hereby declared to be suspended, or absolutely repealed, as the case may require.

Ibid. 2. What British

39. Whenever the ports of the United States shall have been opened, under the authority given in the first section of this act, British vessels and their cargoes shall be admitted Vessels to be en- to an entry in the ports of the United States from the islands, provinces or colonies of Great Britain, on or near the North American continent, and north or east of the United States.

titled to entry.

2 March 1831 3 2. 4 Stat. 487.

to be levied on

the American ports on the

40. The same and no higher tonnage duties and custom-house charges of any kind shall be levied and collected on any British colonial raft, flat, boat or vessel, entering No higher duties otherwise than by sea at any port of the United States on the rivers and lakes on our British colonial northern, north-eastern and north-western frontiers, than may be levied and collected vessels entering on any raft, flat, boat or vessel, entering otherwise than by sea at any of the ports of the British possessions on our northern, north-eastern and north-western frontiers: and on the northern, that, from and after the first day of April next, no higher discriminating duty shall be levied or collected on merchandise imported into the United States in the ports aforesaid, and otherwise than by sea, than may be levied and collected on merchandise when imported in like manner otherwise than by sea, into the British possessions on our northern, north-eastern and north-western frontiers from the United States.

rivers and lakes

north-eastern

and north-western frontiers.

5 Aug. 1854 21. 10 Stat. 587.

41. Whenever the president of the United States shall receive satisfactory evidence that the imperial parliament of Great Britain and the provincial parliaments of Canada, President may issue his proclaNew Brunswick, Nova Scotia and Prince Edward's Island, have passed laws on their mation for carry- part to give full effect to the provisions of the treaty between the United States and reciprocity treaty Great Britain, signed on the fifth of June last, he is hereby authorized to issue his pro

ing into effect the

with Great Britain.

What articles to

clamation, (b) declaring that he has such evidence, and thereupon, from the date of such proclamation, the following articles, being the growth and produce of said provinces of Canada, New Brunswick, Nova Scotia and Prince Edward's Island; to wit:

Grain, flour and breadstuffs of all kinds; animals of all kinds; fresh, smoked and be free from duty. salted meats; cotton-wool; seeds and vegetables; undried fruits; dried fruits; fish of all kinds; products of fish and all other creatures living in the water; poultry; eggs; hides, furs, skins or tails undressed; stone or marble in its crude or unwrought state; slate; butter, cheese, tallow; lard; horns; manures; ores of metals of all kinds; coal, pitch, tar, turpentine; ashes; timber and lumber of all kinds, round, hewed and sawed, manufactured in whole or in part; fire-wood, plants, shrubs and trees; pelts; wool; fish oil; rice; broom-corn and bark; gypsum, ground or unground; hewn or wrought or unwrought burr or grindstones; dye-stuffs; flax, hemp and tow, unmanufactured; unmanufactured tobacco; rags;—

When to be suspended as to Canada.

Ibid. 2.

When to go into

foundland.

Shall be introduced into the United States free of duty so long as the said treaty shall remain in force-subject, however, to be suspended in relation to the trade with Canada, on the condition mentioned in the fourth article of the said treaty; and all the other provisions of the said treaty shall go into effect, and be observed on the part of the United States.

42. Whenever the island of Newfoundland shall give its consent to the application of the stipulations and provisions of the said treaty to that province, and the legislature effect as to New thereof and the imperial parliament shall pass the necessary laws for that purpose, the above enumerated articles shall be admitted free of duty from that province into the United States, from and after the date of a proclamation by the president of the United States, declaring that he has satisfactory evidence that the said province has consented, in a due and proper manner, to have the provisions of the treaty extended to it, and to allow the United States the full benefits of all the stipulations therein contained.(c) (a) See the president's proclamation; 4 Stat. 817.

(b) See 10 Stat. 1089, 1179.

(e) See 11 Stat. App. iii.

III. COMMERCE WITH RUSSIAN AMERICA.

4 Stat. 276.

arms and ammu

43. If any one, being a citizen of the United States, or trading under their authority, 19 May 1828 ? 1. shall, in contravention of the stipulations entered into by the United States with the Emperor of all the Russias, by the fifth article of the treaty, signed at St. Petersburg, Sale of spirits, on the 17th day of April, in the year of our Lord 1824, (a) sell, or cause to be sold, to nition, to natives the natives of the country on the north-west coast of America, or any of the islands of north-west aljacent thereto, any spirituous liquors, fire-arms or other arms, powder or munitions of war of any kind, the person so offending shall be fined in a sum not less than fifty nor Penalty. more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months.

coast, prohibited.

Ibid. 2 2.

courts.

44. The superior courts in each of the territorial districts, and the circuit courts and other courts of the United States, of similar jurisdiction in criminal causes, in each district Jurisdiction of of the United States, in which any offender against this act shall be first apprehended or the federal brought for trial, shall have, and are hereby invested with, full power and authority to hear, try and punish, all crimes, offences and misdemeanors against this act; such courts proceeding therein in the same manner as if such crimes, offences and misdemeanors had been committed within the bounds of their respective districts.

IV. COMMERCE WITH THE FRENCH COLONIES.

4 Stat. 269.

duties suspended on vessels from

Guadaloupe.

45. All French vessels, coming directly from the islands of Martinique and Guada- 9 May 1828 3 1. loupe, and laden with articles, the growth or manufacture of either of said islands, and which are permitted to be exported therefrom in American vessels, may be admitted into Discriminating the ports of the United States on payment of no higher duties on tonnage or on their cargoes, as aforesaid, than are imposed on American vessels and on like cargoes imported Martinique and in American vessels: Provided, That if the president of the United States shall, at any when these time, receive satisfactory information that the privileges allowed to American vessels and privileges to their cargoes at said islands, by the French ordinance of February 5th 1826, have been revoked or annulled, he is hereby authorized, by proclamation, to suspend the operation of this act, and withhold all privileges allowed under it.

cease.

5 Stat. 489.

sels from French

46. The provisions of the act entitled "An act regulating the commercial intercourse 1 June 1842 2 1. with the islands of Martinique and Guadaloupe," approved on the 9th of May 1828, admitting French vessels coming from and laden with articles, the growth and manufac- Extended to vesture of either of the said islands, are hereby extended to the vessels of the same nation Guiana. coming from the port of Cayenne, in the colony of French Guiana, so as to entitle said vessels coming directly from said port of Cayenne, and laden with articles the growth or manufacture of said colony, which are permitted to be exported therefrom in American vessels, to admission into the ports of the United States, on payment of no higher duties of tonnage, or on their cargoes, as aforesaid, than are imposed on American vessels, and on like cargoes therein imported: Provided, That if the president of the United States shall, at any time, receive satisfactory information that the privileges allowed to American vessels and their cargoes in the said colony of French Guiana by the arretes of its governor, bearing date the 5th of December 1831, and the 28th of December 1833, and by the tariffs and regulations in force in the colony, have been revoked or annulled, he is hereby authorized, by proclamation, to suspend the operations of this act, and withhold all privileges allowed under it.(b)

V. COMMERCE WITH SPAIN AND PORTUGAL.

4 Stat. 578.

47. No other or greater duty of tonnage be levied in the ports of the United States 13 July 1832 § 1 on vessels owned wholly by subjects of Spain, coming from a port in Spain, than shall, by the secretary of the treasury, be ascertained to have been paid on American vessels in the port of Spain, previous to the 20th October 1817.

Ibid. 2 2.

same duties as

48. Vessels owned wholly by Spanish subjects, coming from any of the colonies of Spain, either directly or after touching at any other port or place, shall pay, in the ports Spanish colonial of the United States, the same rate of duty on tonnage that shall be levied on American vessels to pay the vessels in the Spanish colonial port from whence such Spanish vessel shall have last American vessels departed; the said, amount to be ascertained by the secretary of the treasury, who is in the ports of their departure. hereby authorized, from time to time, to give directions to the officers of the customs of the United States for the collection of such duties, so as to conform the said duties to any variation that may take place in the duties levied on American vessels in such Spanish ports.

4 Stat. 741.

49. Spanish vessels coming from the island of Cuba, or Porto Rico, either directly, 30 June 1834 § 1. or after touching at any port or place, shall pay, in the ports of the United States, such further tonnage duty in addition to the tonnage duty which may be payable under any other law, as shall be equivalent to the amount of discriminating duty that would have

(a) 8 Stat. 302-4.

to French vessels from the islands of Miquelon and St. Pierre. 5

(b) See also the act 3 March 1845, extending the same privileges Stat. 748.

30 June 1834. been imposed on the cargoes imported in the said vessels, respectively, if the same had been exported from the port of Havana, in American bottoms.

Ibid. 2. Before clearing,

tonnage duty as

in Havana.

50. Before any such vessel shall be permitted to clear out or depart from a port of the United States, with a cargo which shall be directly or indirectly destined to either to pay the same of the said islands, the said vessel shall pay such further tonnage duty as shall be American vessels equivalent to the amount of discriminating duty that would be payable, for the time Habe charged being, upon the cargo, if imported into the port of Havana, in an American bottom. Ibid. 3. 51. No Spanish vessel shall be allowed to clear out or depart from a port of the United To give bond, be- States, with any goods, wares or merchandise, except upon a destination to some port fore clearing for or place, in the island of Cuba or Porto Rico, without giving bond, with approved to land cargo in security, in double the value of the vessel and cargo, that the said cargo, or any part thereof, shall not be landed in either of the said islands; which bond shall be cancelled on producing of certificate from an American consul, that the said cargo has been landed elsewhere, bona fide and without intention to reship it for a port in one of the said

another port, not

Cuba or Porto

Rico.

How cancelled.

Ibid. 24.

islands.

52. The secretary of the treasury be, and he is hereby authorized, from time to time, Secretary to esti- to estimate the said additional tonnage duty, and to give directions to the officers of the mate discrimina- customs of the United States, for the collection of such duties, so as to conform the same ting duties to be levied in such to any variation which may take place in the discriminating duties levied on the cargoes cases. of American vessels in the said port of Havana.

Ibid. 25.

53. Whenever the president of the United States shall be satisfied, that the discrimiWhen president nating duties in favor of Spanish bottoms, levied upon the cargoes of American vessels may declare this in the ports of Cuba and Porto Rico, have been abolished, or whenever, in his opinion. act no longer in force. a satisfactory arrangement upon the subject of the said duties shall have been made between the United States and Spain, the president is hereby authorized to declare the same by proclamation, and thereupon this act shall cease to have any further force or effect.

3 Aug. 1846 33. 9 Stat. 50.

31 May 1848 31. 9 Stat. 236.

54. From and after the passage of this act, no discriminating tonnage duties shall be levied on Spanish vessels coming from foreign countries, except those coming from Cuba or Porto Rico.

55. All laws now in force exacting higher duties on Spanish steam-vessels arriving in the United States than are exacted on steam-vessels of the United States arriving at Spanish steamers Havana, or any other port in the island of Cuba, be suspended, so as to place the said steam-vessels on a footing of perfect reciprocity, the suspension to continue so long as such reciprocity shall be thereby secured, or until otherwise provided for by law.

to pay reciprocal

duties.

4 July 1836 1. 5 Stat. 125.

56. So much of the several acts of congress as imposes a discriminating duty upon goods, wares and merchandise, imported in foreign vessels, be, and hereby is, suspended, so far as respects the produce or manufactures of Portugal proper, including Madeira, guese vessels sus- Porto Santo and the Azores, when imported in vessels wholly and truly belonging to

Discriminating

duties on Portu

pended.

7 Jan. 1824 1. 4 Stat. 2.

the subjects or citizens of said places; so that such produce or manufactures shall be subject to the same duties only as if imported in vessels of the United States: Provided however, And this suspension shall continue no longer than this section remains in force.

VI. COMMERCE WITH OTHER EUROPEAN NATIONS.

57. From and after the 1st day of January 1824, during the continuance of this act, and under the limitations hereinafter mentioned, so much of the several acts imposing Discriminating duties on the tonnage of vessels in the ports of the United States, as imposes a discrimi tonnage duties suspended as to nating duty between foreign vessels and vessels of the United States, is hereby suspended so far as respects vessels truly and wholly belonging to subjects or citizens of the kingdom of the Netherlands; of Prussia; (a) of the Imperial Hanseatic cities of Hamburg, Oldenburg, Nor- Lubeck and Bremen ; of the dukedom of Oldenburg; of the kingdom of Norway; of the kingdom of Sardinia; and of the empire of Russia.

the Netherlands, Prussia, Ham

burg, Lubeck and Bremen,

way, Sardinia

and Russia.

Ibid. 2.

And discrimina

ting duties on imports as to

products.

58. So much of the several acts imposing duties on goods, wares and merchandise imported into the United States, as imposes a discriminating duty between goods imported into the United States in foreign vessels, and in vessels of the United States, be, and the their European same is hereby suspended, so far as the same respects the produce or manufactures of the territories in Europe, of any of the above-mentioned nations, or such produce and manufactures as can only be, or most usually are, first shipped from a port or place in the said territories in Europe, of either of them, respectively, the same being imported in vessels truly and wholly belonging to the subjects or citizens of each of the said nations, respectively, the vessels of each nation importing its own produce and manufactures as aforesaid.

Ibid. 23.

59. The suspension of the discriminating duties of tonnage and impost, in the two preceding sections of this act prescribed, shall continue, in behalf of each of the

(a) See act 24 May 1828, as to Prussian vessels. 4 Stat. 308.

sels.

above-mentioned nations, on condition that, and so long as, the vessels of the United 7 Jan. 1824. States, and truly wholly belonging to the citizens thereof, and all goods and merchandise, To continue so of the produce or manufacture of the United States, laden therein, and imported into long as they levy reciprocal duties any of the ports of the said nations in Europe, respectively, shall be exempted from all on American vesand every discriminating duty of impost or tonnage, direct or indirect, whatsoever, other or higher than is levied upon the vessels and merchandise therein imported, belonging to the subjects or citizens of each of the said nations respectively. But if, in any of the territories in Europe, of either of the said nations, any such discriminating duty shall, at any time, be imposed or levied on vessels wholly belonging to citizens of the United States, or on the merchandise imported as aforesaid in them, then, and from that time, the said suspension herein prescribed shall cease and determine, so far as respects the vessels, and merchandise imported into the United States in them, of such nations; and all the provisions of the acts imposing discriminating foreign tonnage and impost duties in the United States, shall revive and be in full force with regard to the said nation.

5 Stat. 152.

60. The same duties shall be levied and collected in the ports of the United States, 13 Feb. 1837 3 1. on Belgian vessels and their cargoes, which are now levied and collected on Dutch vessels and their cargoes; but nothing in this act contained shall be construed to prevent the Extended to president of the United States from enforcing, whensoever he Belgian vessels. may deem proper, both against Dutch and Belgian vessels, or either of them, and their cargoes, the provisions of the third section of the act entitled "An act concerning discriminating duties of tonnage and imposts," approved the 7th day of January 1824.(a)

9 Stat. 49.

from the Nether

61. Coffee, the production or growth of the colonies or dependencies of the Netherlands, 3 Aug. 1846 § 1. imported into the United States from the Netherlands, either in Dutch or American vessels, shall be admitted free of duty; and so much of the act approved the 30th day of Coffee imported August 1852, entitled "An act to provide revenue from imports, and to change and lands, in Dutch modify existing laws imposing duties on imports, and for other purposes," as is incon- or American vessistent herewith, be, and the same is hereby repealed.(b)

VII. GENERAL PROVISIONS.

sels, to be free of duty.

4 Stat. 579.

collected to be refunded.

4 Stat. 308.

dent may sus

62. Whenever the president shall be satisfied that the discriminating or countervailing 13 July 1832 3 3. duties of tonnage levied by any foreign nation on the ships or vessels of the United States, shall have been abolished, he may direct that the tonnage duty on the vessels of Discriminating such nation shall cease to be levied in the ports of the United States; and cause any cease, and those tonnage duties to duties of tonnage that may have been levied on the vessels of such foreign nation, sub- subsequently sequent to the abolition of its discriminating duties of tonnage, to be refunded. (c) 63. That, upon satisfactory evidence being given to the president of the United States, 24 May 1828 1. by the government of any foreign nation, that no discriminating duties of tonnage or impost are imposed or levied in the ports of the said nation, upon vessels wholly belong- When the presi ing to citizens of the United States, or upon the produce, manufactures or merchandise pend the collec imported in the same from the United States or from any foreign country, the president nating duties on is hereby authorized to issue his proclamation, declaring that the foreign discriminating vessels of other duties of tonnage and impost, within the United States, are, and shall be, suspended and discontinued, so far as respects the vessels of the said foreign nation, and the produce, manufactures or merchandise imported into the United States in the same, from the said foreign nation, or from any other foreign country; the said suspension to take effect from the time of such notification being given to the president of the United States, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, as aforesaid, shall be continued, and no longer. (d)

tion of discrimi

nations.

extensive in its operation. 4 Stat. 2. Under these acts the collection of discriminating duties has been suspended and discontinued upon the vessels of Austria, Oldenburg, Hanover, Mechlenburg-Schwerin. Tuscany, Greece, Brazil and Chili. See 4 Stat. 814-20. 9 Ibid. 1001, 1004.