No. 86. Mr. Torreão de Barros to Mr. Evarts. LEGATION OF BRAZIL IN THE UNITED STATES, New York, December 12, 1879. MR. SECRETARY OF STATE: The Federal Congress being now in ses sion, I have the honor to remind your excellency of the promise contained in your note of the 20th of June last, with regard to the punishment of the crime of counterfeiting the paper money of foreign govern ments. This legation having brought the aforesaid note to the notice of the imperial government, the latter, although it considers the measure as proposed to Congress of great importance, thinks that it does not meet the requirements of the case, inasmuch as the counterfeiting of notes authorized by foreign governments should be provided for in the law. The government of His Majesty the Emperor would be glad to see the repressive measures made more ample, and the law governing the matter made to extend to the protection of bonds issued by foreign governments. A law embracing, for instance, the counterfeiting of treasury notes, government securities, bank notes, and similar representatives of value, together with the coinage of money and other frauds against foreign governments, or banking or commercial associations authorized by such governments, would supply the deficiency in the laws relative to bonds and notes issued by foreign governments. Printers and engravers should not be able to allege their ignorance of the law, and should not be permitted to execute orders without the previous authorization of the foreign legation or consulates established in these states. The defect now existing in the laws on this subject would thus be supplied. I have the honor to renew, &c., B. F. TORREÃO DE BARROS. To His Excellency W. M. EVARTS, Secretary of State of the United States, &c., &c., &c. No.87. Mr. Evarts to Mr. Torreão de Barros. DEPARTMENT OF STATE, Washington, January 8, 1880. SIR: I have the honor to acknowledge the receipt of your note of the 12th ultimo, in regard to the punishment of the crime of counterfeiting the paper money of foreign governments, &c. In reply I beg to observe that according to the promise contained in my note of June 20 last, on the subject to which you refer, the chairman of the Senate Committee on the Judiciary was addressed in reference to the matter on the 1st ultimo, and has to-day been furnished with a copy of your above note. Accept, &c. Mr. B. F. TORREÃO DE BARROS, &c., &c., &c. WM. M. EVARTS. No. SS. Mr. Evarts to Mr. Torreão de Barros. DEPARTMENT OF STATE, Washington, January 30, 1880. SIR: It is with much pleasure that I inform you hereby, with reference to your recent announcement of the intention of the Emperor to send an embassy to China to enter into certain treaties of amity and commerce with the government of that country, that the President sincerely sympathizes with the desire of the Emperor to extend and confirm his friendly relations with that government, and will give orders that the representative of the United States in China shall extend to the Brazilian representative in that country the friendly welcome and the moral support which is naturally to be expected from the intimate relations so happily existing between the United States and Brazil. I profit by this occasion, &c., Mr. B. F. TORREÃO DE BARROS, &c., &c., &c. WM. M. EVARTS. No. 89. Mr. Borges to Mr. Evarts. LEGATION OF BRAZIL, Washington, May 18, 1880. Mr. SECRETARY OF STATE: I am informed that the Brazilian vessel Foster, having recently arrived at New York with a cargo of merchandise, the custom-house of that city required her to pay fifty cents per ton in addition to the amount called for by the general tariff, this being due, according to the statement of the custom house, owing to the expiration of the treaty between Brazil and the United States. The consignees of the vessel paid this additional charge under protest, the fact being that, although the stipulations of the treaty of 1827 (1828?) relative to commerce long since ceased to have binding force, Brazilian vessels have always been considered in the United States as being exempt from that additional charge, and the same has been the case in Brazil with regard to vessels of the United States. As this new measure is at variance with a time-honored custom, and is detrimental to the interests of Brazil, it is my duty to bring it to the knowledge of the imperial government; before doing so, however, I desire to call your excellency's attention to it, because, if this regulation were also adopted in the empire, it would be still more prejudicial to the interests of the United States, inasmuch as the number of United States vessels entering Brazilian ports is very considerable, while but few Brazilian vessels enter the ports of the United States; such a measure, moreover, cannot certainly be favorable to the development and extension of commercial relations between Brazil and the United States which are so much desired by the people of both countries as well as their respective governments. I avail myself of this occasion to reiterate to your excellency the assurances of my highest consideration. A. P. DE CARVALHO BORGES. Mr. SECRETARY OF STATE: The imperial government has instructed me to convey its thanks to your excellency for your kind compliance with its request relative to the moral support of the United States for the mission sent by His Majesty the Emperor to the Chinese Empire, and also for the promise made by your excellency in your note of the 30th of January last, that the representative of the United States in China should be instructed accordingly. I take great pleasure in obeying the instructions of my government and in reiterating to your excellency the expressions of my highest consideration. A. P. DE CARVALHO BORGES. To His Excellency WILLIAM M. EVARTS, Secretary of State of the United States, &c., &c., &c. No. 91. Mr. Evarts to Mr. Borges. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 18th instant, in relation to an extra charge of 50 cents per ton, recently exacted from the Brazilian vessel Foster at the New York custom-house. In reply I have to observe that I share your view that it would be a subject of great regret were the commerce of the two countries to suffer in any wise from the absence of treaty provisions or legislation to prevent such charges. I have accordingly communicated with the Secretary of the Treasury, apprising him of the purport of your note and inquiring as to the circumstances referred to, and I shall avail myself of the earliest opportunity to inform you of the result of my inquiry. Accept, &c., WM. M. EVARTS. Councillor A. P. DE CARVALHO BORGES, &c., &c., &c. No. 92. Mr. Evarts to Mr. Borges. DEPARTMENT OF STATE, SIR Referring to your note of the 18th ultimo, in relation to the additional charge of 50 cents per ton required at New York of the Brazilian vessel Foster, I have the honor to state that, as I find by a reference of the matter to the Treasury Department, the Secretary of the Treas ury inclines to the opinion that as regards the tax or duty referred to the vessels of Brazil are entitled to exemption therefrom under the proclamation of the President of November 4, 1847 (9 Statutes at Large, p. 1,001). I have examined this proclamation, and, so far as I now perceive, its terms have the effect to make Brazilian vessels exempt from the additional duties levied on the Foster as referred to in your note, and I have so informed the Secretary of the Treasury. It is of course understood that a similar exemption is still extended to vessels of the United States in the ports of Brazil. Under the circumstances it is presumed that, on the presentation of a proper claim to the Treasury Department, setting forth the grounds upon which the exemption is claimed, the additional duties paid by the Foster will be remitted. Accept, &c. WM. M. EVARTS. Councillor A. P. DE CARVALHO BORGES, &c., &c., &c. No. 93. Mr. Hay to Mr. Borges. DEPARTMENT OF STATE, SIR: With regard to your personal request of yesterday, I have the honor to inclose herein a copy of the proclamation of President Polk, referred to in the note addressed to you on the 15th instant. Accept, sir, &c. JOHN HAY, Councillor A. P. DE CARVALHO BORGES, &c., &c., &c. By the President of the United States of America. A PROCLAMATION. Whereas, by an act of the Congress of the United States of the twenty-fourth of May, one thousand eight hundred and twenty-eight, entitled "An act in addition to an act entitled 'An act concerning discriminating duties of tonnage and impost, and to equalize the duties on Prussian vessels and and their cargoes," it is provided, that upon satisfactory evidence being given to the President of the United States, 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 belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States, or from any foreign country, the President is thereby authorized to issue his proclamation, declaring that the foreign discriminating 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: And whereas satisfactory evidence has lately been received by me, from his Majesty the Emperor of Brazil, through an official communication of Mr. Felippe José Pereira Leal, his chargé d'affaires, in the United States, under date of the 25th of October, 1847, that no other or higher duties of tonnage and impost are imposed or levied in the ports of Brazil upon vessels wholly belonging to citizens of the United States, and npon the produce, manufactures, or merchandise imported in the same from the United States, and from any foreign country whatever, than are levied on Brazilian ships and their cargoes in the same ports under like circumstances: Now, therefore, I, James K. Polk, President of the United States of America, do hereby declare and proclaim, that so much of the several acts imposing discriminating duties of tonnage and impost within the United States are, and shall be, suspended and discontinued so far as respects the vessels of Brazil, and the produce, manufactures, and merchandise imported into the United States in the same, from Brazil and from any other foreign country whatever, the said suspension to take effect from the day above mentioned, and to continue thenceforward so long as the reciprocal exemption of the vessels of the United States, and the produce, manufactures, and merchandise imported into Brazil in the same as aforesaid, shall be continued on the part of the government of Brazil. Given under my hand, at the city of Washington, this fourth day of November, in the year of our Lord one thousand eight hundred and forty-seven, and the seventysecond of the Independence of the United States. By the President. JAMES K. POLK. Secretary of State. No. 94. Mr. Hay to Mr. Borges. DEPARTMENT OF STATE, SIR: Referring to the previous correspondence in the case of the Foster, I have the honor to state that according to a letter of the 16th instant from the Treasury, that Department has taken the proper steps. for the refunding of the excess of tonnage tax paid by the vessel referred to, and will issue instructions as regards the exaction of tonnage tax in the future on the vessels of Brazil. The Department will transmit to your address one or more copies of any circular on the subject which may be received from the Treasury. Accept sir, &c. JOHN HAY, Acting Secretary. Councillor A. P. DE CARVALHO BORGES, &c., &c., &c. No. 95. Mr. Borges to Mr. Evarts. LEGATION OF BRAZIL, Washington, August, 2, 1880. MR. SECRETARY OF STATE: I have the honor to acknowledge the receipt of the notes which your excellency addressed to me on the 26th May, the 15th and 18th June, and the 24th July, all relating to mine of the 18th May, wherein I called your excellency's attention, to the additional duty of 50 cents laid by the custom-house at New York upon the Brazilian vessel Foster. By them I am informed that Brazilian vessels will continue to be exempt, as hitherto, from this additional duty in |