A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington
History
A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government; Washington, George, 1732-1799
If some meaning, and such a one, is to be given to the last member
of the article, some meaning, and a similar one, must be given to the
corresponding member. If the reservation by the United States of a right
to lay an equivalent duty implies a relinquishment of their right to
lay any other, the reservation by France of a right to continue the
specified duty to which it is an equivalent must imply a relinquishment
of the right on her part to lay or continue any other. Equivalent
reservations by both must imply equivalent restrictions on both.
The exact reciprocity stipulated in the preceding articles, and which
pervades every part of the treaty, insures a counter right to each
party for every right ceded to the other.
Let it be further considered that the duty called _tonnage_ in the
United States is in lieu of the duties for anchorage, for the support of
buoys, beacons, and light-houses, to guide the mariner into harbor and
along the coast, which are provided and supported at the expense of the
United States, and for fees to measurers, weighers, gangers, etc., who
are paid by the United States, for which articles, among many others
(light-house money excepted), duties are paid by us in the ports of
France under their specific names. That Government has hitherto thought
these duties consistent with the treaty, and consequently the same
duties under a general instead of specific names, with us, must be
equally consistent with it. It is not the name, but the thing, which is
essential. If we have renounced the right to lay any port duties, they
must be understood to have equally renounced that of either laying new
or continuing the old. If we ought to refund the port duties received
from their vessels since the date of the act of Congress, they should
refund the port duties they have received from our vessels since the
date of the treaty, for nothing short of this is the reciprocity of
the treaty.
If this construction be adopted, then each party has forever renounced
the right of laying any duties on the vessels of the other coming from
any foreign port, or more than 100 sols on those coming coastwise. Could
this relinquishment be confined to the two contracting parties alone,
the United States would be the gainers, for it is well known that a much
greater number of American than of French vessels are employed in the
commerce between the two countries; but the exemption once conceded by
the one nation to the other becomes immediately the property of all
others who are on the footing of the most favored nations. It is true
that those others would be obliged to yield the same compensation, that
is to say, to receive our vessels duty free. Whether we should gain or
lose in the exchange of the measure with them is not easy to say.
Public-domain text, read in full here on John Shaqi.
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