[Translation.]
The Marquis de Montholon to Mr. Seward
Legation of France to the United
States, Washington,
October 13, 1866.
Mr. Secretary: I have the honor to transmit
herewith to your excellency, by instructions from the government of the
Emperor, a copy of the law of the merchant service, published in France
on the 16th of May, 1866.
By the terms of that act, after the 1st of January, 1867, all foreign
vessels shall pay no tonnage dues in France, and after the 19th of May,
1869, all differential tax on flags, when covering produce from its
native country, shall be definitely abolished.
These regulations will have the effect of placing the United States on a
perfect equality in the ports of the empire with the French marine.
I will not dwell upon the mutual ad vantages this new regulation will
give to the commercial relations of the two countries, and I do not
hesitate to believe that this single consideration will be sufficient to
induce the government of the United States to grant French ships in
America the same privileges that American ships will have in France.
I must, however, observe that the power reserved to the government of the
Emperor by article six of the law of the 19th May, to continue the
tonnage duty and differential flag tax on vessels belonging to countries
where our vessels are not treated as their own, will make it an interest
to the United States to take similar measures to those whose principles
are inculcated in the new law.
While American vessels are still subject to common duties in our ports,
if they continued the same dues and taxes, they would hereafter labor
under a signal disadvantage.
For these reasons the French minister of foreign affairs, in charging me
to notify your excellency officially of the text of the law of the 19th
May, 1866, is sure the American government will imitate the liberal
measures taken in this respect by the government of the Emperor, and
grant all French ships, as the principles and precedents of American
legislation allow, the benefit of a perfect equalization of flags, as
soon as ships of the United States shall enjoy the benefits of the new
law in our ports.
I will be obliged to your excellency to let me know, as soon as possible,
if the government of the United States is disposed to accord the benefit
of reciprocity to the French flag in the ports of the United States.
Accept, Mr. Secretary, the assurances of my high consideration.
Hon. William H. Seward, &c., &c., &c.
[Translation.]
Law relating to the merchant
marine, May 19, 1866.
Article 1. All articles, raw or
manufactured, fire engines, and pieces of machinery entering into
the construction, rigging, armament, and equipment of sea-going
vessels intended for commerce, wooden or iron, for sailing or steam
power, shall be admitted free of duty, under liability to prove
within the period of one year the application of said articles to
the purposes above provided for.
Imperial decrees will determine the proofs and conditions to which
this immunity shall be made subordinate.
Every infraction of the provisions of these decrees will make room
for the payment of the duties for which the articles above mentioned
are or shall be liable, and will, moreover, be punishable by fine
equal to three times the amount of the duties.
Art. 2. The bounty granted by articles 1
and 2 of the law of May 6, 1841, to fire engines of French fabric to
be placed on board national ships intended for international
maritime navigation, is, and remains, suppressed
[Page 386]
However, the said bounty shall
continue to be paid on equipage the deposit whereof in the building
yards previously to the promulgation of this present law shall be
duly proven.
Art. 3. Six months after the promulgation
of this present law sea-going vessels, sailers or steamers, rigged
and equipped, shall be admitted to the franchise upon the payment of
a duty of two francs on the ton of measurement. The same duty shall
be applicable to hulls of vessels of wood or iron.
Art. 4. The tonnage duties levied on
foreign vessels entering the ports of the empire shall be suppressed
at and from January 1, 1867. The tonnage duties actually collected,
as well on French as on foreign vessels, and applied as guarantee
for the payment of loans contracted for works of improvement in
French seaports, are maintained.
Imperial decrees, made in the form of regulations for general
administration, may, in view of contributing to expenses of the same
kind, establish a tonnage duty which shall not exceed two francs and
fifty centimes per ton, decimal included, and which shall bear alike
on French and foreign vessels.
Art. 5. Three years after the promulgation
of this law the differential duties on the flag, now applicable on
products imported from the countries of production otherwise than in
French vessels, shall be suppressed.
Art. 6. In case the French flag should be,
in any foreign country, subjected, to the profit of the government,
of cities, of corporations, directly or indirectly, for the
navigation, importation, or exportation of merchandise, to any
duties or charges from which vessels of said country would be
exempt, imperial decrees may impose on vessels of the said nation
entering the ports of the empire, of a colony, or of a French
possession, and on the merchandise they may have on board, such
duties or surcharges as should be judged necessary to compensate the
disadvantages which would fall upon the French flag.
Art. 7. The preceding provisions are
applicable to the colonies of Martinique, of Guadeloupe, and of
Reunion.
Special provisions for
Algeria.
Art. 8. The provisions of articles 1, 3,
and 4 of this law are applicable in Algeria.
Art. 9. Navigation between France and
Algeria, and between Algeria and foreign ports, may be carried on
under all flags.
The coasting trade from port to port of this French possession may,
under an authorization from the governor general of Algeria, be
carried on by foreign vessels.
Art. 10. The surcharges in navigation
established in Algeria on merchandise imported in foreign vessels
are suppressed.
The reduction of duties granted by article 9, paragraph 2, of the
ordinance of December 16, 1853, on certain merchandise taken from
French entrepots and exported to Algeria in French vessels, are also
suppressed.
Art. 11. The prohibition placed upon
refined sugars imported from foreign places to Algeria is removed.
Said refined sugars shall pay, besides the duty on raw sugar, a
surcharge of five francs per hundred kilograms.
Art. 12. The laws, decrees, and ordinances
which would be contrary to the provisions of this present law are
and remain abrogated.
Done at the palace of the
Tuileries, May 19, 1866.
By the Emperor:
NAPOLEON.
E. Rouher, Minister
of State.
