But
the fifth article of the treaty of amity and commerce is not seen here
exactly in the point of view, in which your note places it.
The third and fourth articles subject the vessels of each nation to
pay in the ports of the other, only such duties as are paid by the
most favored nation; and give them reciprocally, all the privileges and
exemptions in navigation and commerce, which are given by either to the
most favored nations. Had the contracting parties stopped here, they
would have been free to raise or lower their tonnage, as they should
find it expedient; only taking care to keep the other on the footing of
the most favored nation.
The question then is, whether the fifth article, cited in the note, is
any thing more than an application of the principle comprised in the
third and fourth, to a particular object: or whether it is an additional
stipulation of something not so comprised.
I. That it is merely an application of a principle comprised in the
preceding articles, is declared by the express words of the article,
to wit, _dans l'exemption ci-dessus est nommement compris_, &c: 'In the
above exemption is particularly comprised the imposition of one hundred
sols per ton, established in France on foreign vessels.' Here then is
at once an express declaration, that the exemption from the duty of one
hundred sols is comprised in the third and fourth articles; that is to
say, it was one of the exemptions enjoyed by the most favored nations,
and, as such, extended to us by those articles.
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