annexed thereto as set forth here. Said proviso was added to the section by amendment by Act July 24, 1897, c. 13, last cited above.

R. S. 2502, imposed a discriminating duty upon merchandise imported in foreign vessels. It was superseded by subsequent similar provisions in successive tariff acts, the latest of which was the Underwood Tariff Act of Oct. 3, 1913, c. 16, § IV, J, subsec. 1, ante, § 5305.

R. S. § 4219, imposing tonnage duties on foreign vessels, was repealed by section 14 of the Shipping Act of June 26, 1884, c. 121, so far as it was in conflict with that section, which contained other provisions relating to tonnage duties, including provisions for partial suspension thereof. Said Act June 26, 1884, c. 121, § 14, was amended by section 11 of the Shipping Act of June 19, 1886, c. 421, which also contained provisions relating to partial suspension of tonnage duties, and also repealed so much of R. S. § 4219, as was in conflict therewith. Said Act June 19, 1886, c. 421, § 11, was amended by Act April 4, 1888, c. 61, as to that part thereof which related to the partial suspension of tonnage duties. But said Act June 19, 1886, c. 421, § 11, was repealed by the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, § 36, which also contained provisions relating to the amount of tonnage duties, but contained no provisions relating to the suspension thereof. Said section 36 of the Tariff Act of Aug. 5, 1909, c. 6, was excepted from the repeal of sections 1-42 of that act by the Underwood Tariff Act of Oct. 3, 1913, c. 16, by § IV, S, thereof.

See said R. S. § 4219, and said Act Aug. 5, 1909, c. 6, § 36, and notes thereto, ante, §§ 7811, 7812.

Other provisions for the retaliatory suspension of commercial privileges to foreign vessels in certain cases are made by Act June 19, 1886, c. 421, § 17, post, 7829.

Provisions authorizing retaliation on denial of rights to United States vessels in British North America were made by Act March 3, 1887, c. 339, post, 7830.

Provisions authorizing the suspension of free passage through St. Mary's Falls Canal in certain cases, were made by Act July 26, 1892, c. 248, post, §§ 7831, 7832.

§ 7826. (R. S. § 4229.) Vessels of Prussia.

No other or higher rate of duties shall be imposed or collected on vessels of Prussia, or of her dominions, from whencesoever coming, nor on their cargoes, howsoever composed, than are or may be payable on vessels of the United States, and their cargoes.

Act May 24, 1828, c. 111, § 2, 4 Stat. 308.

§ 7827. (R. S. § 4230.) Termination of privileges.

The preceding section shall continue and be in force during the time that the equality for which it provides shall, in all respects, be reciprocated in the ports of Prussia and her dominions; and if at any time hereafter the equality shall not be reciprocated in the ports of Prussia and her dominions, the President may issue his proclamation, declaring that fact, and thereupon the section preceding shall cease to be in force.

Act May 24, 1828, c. 111, § 4, 4 Stat. 309.

§ 7828. (R. S. § 4231.) Spanish vessels.

From Spanish vessels coming from any port or place in Spain or her colonies, where no discriminating or countervailing duties on tonnage are levied upon vessels of the United States, or from any other port or place to and with which vessels of the United States are ordinarily permitted to go and trade, there shall be exacted in the

ports of the United States no other or greater duty on tonnage than at the time may be exacted of vessels of the United States.

Act March 1, 1869, c. 54, 15 Stat. 282.

§ 7829. (Act June 19, 1886, c. 421, § 17.) Retaliatory suspension of commercial privileges to foreign vessels.

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 vessels 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 this act, or aiding and abetting any other person in such opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. (24 Stat. 82.)

This section was part of the Shipping Act of 1886, to abolish certain fees for official services to American vessels, etc., other sections of which are set forth or referred to post, § 8138.

§ 7830. (Act March 3, 1887, c. 339.) Retaliation on denial of rights to United States vessels in British North America. Whenever the President of the United States shall be satisfied that American fishing vessels or American fishermen, visiting or being in the waters or at any ports or places of the British dominions of North America, are or then lately have been denied or abridged in the enjoyment of any rights secured to them by treaty or law, or are or then lately have been unjustly vexed or harassed in the enjoyment of such rights, or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or otherwise unjustly vexed or harassed in said waters, ports or places; or whenever the President of the United States shall be satisfied that any such fishing vessels or fishermen, having a permit under the laws of the United States to touch and trade at any port or ports, place or places, in the (3489)

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British dominions of North America, are or then lately have been denied the privilege of entering such port or ports, place or places in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be prevented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation; or whenever the President of the United States shall be satisfied that any other vessels of the United States, their masters or crews, so arriving at or being in such British waters or ports or places of the British dominions of North America, are or then lately have been denied any of the privileges therein accorded to the vessels, their masters or crews, of the most favored nation, or unjustly vexed or harassed in respect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases, it shall be lawful, and it shall be the duty of the President of the United States, in his discretion, by proclamation to that effect, to deny vessels, their masters and crews, of the British dominions of North America, any entrance into the waters, ports, or places of, or within the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper), whether such vessels shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere; and also, to deny entry into any port or place of the United States of fresh fish or salt fish or any other product of said dominions, or other goods coming from said dominions to the United States. The President may, in his discretion, apply such proclamation to any part or to all of the foregoing-named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execution of the purposes of this act. Every violation of any such proclamation, or any part thereof, is hereby declared illegal, and all vessels and goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or goods whose importation or coming to or being in the waters or ports of the United States contrary to law may now be enforced and proceeded upon. Every person who shall violate any of the provisions of this act, or such proclamation of the President made in pursuance hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both said punishments, in the discretion of the court. (24 Stat. 475.)

This was an act entitled "An act to authorize the President of the United States to protect and defend the rights of American fishing vessels, American fishermen, American trading and other vessels, in certain cases, and for other purposes."

§ 7831. (Act July 26, 1892, c. 248, § 1.) Suspension of free passage through St. Marys Falls Canal; tolls.

With a view of securing reciprocal advantages for the citizens, ports, and vessels of the United States, on and after the first day of August, eighteen hundred and ninety-two, whenever and so often as the President shall be satisfied that the passage through any canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or the water ways connecting the same, of any vessels of the United States, or of cargoes or passengers in transit to any port of the United States, is prohibited or is made difficult or burdensome by the imposition of tolls or otherwise which, in view of the free passage through the Saint Marys Falls Canal, now permitted to vessels of all nations, he shall deem to be reciprocally unjust and unreasonable, he shall have the power, and it shall be his duty, to suspend by proclamation to that effect, for such time and to such extent (including absolute prohibition) as he shall deem just, the right of free passage through the Saint Marys Falls Canal, so far as it relates to vessels owned by the subjects of the Government so discriminating against the citizens, ports, or vessels of the United States, or to any cargoes, portions of cargoes, or passengers in transit to the ports of the government making such discrimination, whether carried in vessels of the United States or of other nations.

In such case and during such suspension tolls shall be levied, collected, and paid as follows, to wit: Upon freight of whatever kind or description, not to exceed two dollars per ton; upon passengers, not to exceed five dollars each, as shall be from time to time determined by the President: Provided, That no tolls shall be charged or collected upon freight or passengers carried to and landed at Ogdensburg, or any port west of Ogdensburg, and south of a line. drawn from the northern boundary of the State of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern boundary of the State of Minnesota. (27 Stat. 267.)

This section and the section next following were an act entitled "An act to enforce reciprocal relations between the United States and Canada, and for other purposes."

§ 7832. (Act July 26, 1892, c. 248, § 2.) Collection of tolls.

All tolls so charged shall be collected under such regulations as shall be prescribed by the Secretary of the Treasury, who may require the master of each vessel to furnish a sworn statement of the amount and kind of cargo and the number of passengers carried and the destination of the same, and such proof of the actual delivery of such cargo or passengers at some port or place within the limits above named as he shall deem satisfactory; and until such proof is furnished such freight and passengers may be considered to have been landed at some port or place outside of those limits, and the amount of tolls which would have accrued if they had been so delivered shall constitute a lien, which may be enforced

against the vessel in default wherever and whenever found in the waters of the United States. (27 Stat. 268.)

This section provided that mail steamships employed in the mail service between the United States and Brazil should be exempt from all port charges and custom-house dues at the port of departure and arrival in the United States if, and so long as, a similar immunity was granted by the government of Brazil.

It was repealed by section 36 of the Payne-Aldrich Tariff Act of Aug. 5, 1909, c. 6, ante, § 7811.

CHAPTER FIVE

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