1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications, and further until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years. And it is hereby agreed between them, that on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to Commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship it shall be perpetually binding on both powers. 2d. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation. 3d. If, (which indeed cannot be expected,) unfortunately, any of the articles contained. in the present treaty shall be violated or infringed in any other way whatever, it is expressly stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaints of injuries or damaages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proof, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably delayed. 4th. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing pulic treaties with other sovereigns or States. The present treaty of peace, amity. Commerce, and navigation, shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the government of the republic of Guatemala, and the ratifications shall be exchanged in the city of Washington or Guatemala within eighteen months, counted from the date of the signature hereof, or sooner, if possible. In faith whereof, we, the plenipotentiaries of the United States of America and of the republic of Guatemala, have signed and sealed these presents, in the city of Guatemala, this third day of March, in the year of our Lord one thousand eight hundred and forty-nine, [L. 8.] ELIJAH HISE, [L. 8.] J. MARIANO RODRIGUEZ, And whereas the said convention has been duly ratified on both parts, and the respective ratifications of the same have been exchanged Now, therefore, be it known, that I, MILLARD FILLMORE, President of the United States of America, have caused the said convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. [L. 8.] Done at the city of Washington, this twenty-eighth day of July, in the year of our Lord one thousand eight hundred and fifty-two, aud of the independence of the United States of America the seventy-seventh. By the President: W. HUNTER, Acting Secretary of State. MILLARD FILLMORE. OF ALLOWANCE FOR TARE ON MERCHANDISE. CIRCULAR INSTRUCTIONS TO COLLECTORS AND OTHER OFFICERS OF CUSTOMS. TREASURY DEPARTMENT, June 23, 1852. The Supreme Court of the United States, in a recent decision made in the case of Cornelius W. Lawrence, plaintiff in error, vs. John Caswell and Solomon Caswell, having laid down a principle adverse to the construction and practice heretofore prevailing upon the subject of allowances for tare, draft, leakage, breakage, &c., on "imported merchandise, it becomes the duty of the department to instruct the collectors and the officers of the customs, that hereafter in the assessment of duties on imported merchandise, none of the allowances specified in the fifty-eighth and fifty-ninth sections of the General Collection Act of 2d March, 1799, are to be made, the court hav ing intimated such allowances to be inapplicable to any article of merchandise subject under the existing Tariff Act to the payment of ad valorem duty. No more than the actual weight of the cask or package can therefore in any case be allowed; and if the collector has any doubt as to the correctness of such weight or tare, in any invoice offered for entry, it will be his duty to ascertain the correctness of it by emptying such number of packages as he may think advisable, in order to ascertain the actual weight or tare of the cask or package, but in no instance is any allowance to be made on a claim for alleged erroneous tare, or for other causes, actual damage only excepted, where the full gross or net weight landed is equal to the invoice weight. So likewise in case there should have been any shrinkage or drying in an article during the voyage of importation, no allowance can be made for such shrinkage and drying where the full quantity shipped of such article has been landed, though in all cases actual drainage, leakage, or damage, will be allowed as heretofore. The Supreme Court in the above decision says, "when the Act of 1846 changed the duty on brandy from a specific one on the gallon to an ad valorem one, it was no longer within the provisions of the Act of 1799, and consequently no longer entitled to the deduction of the 2 per cent. Under this decision, the deduction of the said 2 per cent will in no case be allowed on liquids subject to guage. As regards the return of duties illegally exacted, the court says: "In order that the opinion of the court may not be misunderstood, that when we speak of duties illegally exacted, the court mean to confine the opinion to cases like the present, in which the duty demanded was paid under protest, stating specially the ground of objection. Where no such protest is made, the duties are not illegally exacted in the legal sense of the term: for the law has confided to the Secretary of the Treasury the power of deciding in the first instance upon the amount of duties due on the importation. And if the party acquiesces, and does not by his protest appeal to the judicial tribunals, the duty paid is not illegally exacted, but is paid in obedience to the decision of the tribunal to which the law has confided the power of deciding the question. "Money is often paid under the decision of an inferior court, without appeal, under the construction of a law which is afterwards in some other case, in a higher and superior court, determined to have an erroneous construction. But money thus paid is not illegally exacted. Nor are duties illegally exacted where they are paid under the decision of the Collector, sanctioned by the Secretary of the Treasury, and without appealing from that decision to the judicial tribunals by a proper and legal protest." Under this opinion of the court, no duties will hereafter be returned except in such cases where a protest, in writing, may have been or shall be made at the time, stating specially the ground of objection, nor will the allowances specified in sections fiftyeight and fifty-nine of the Act of 2d March, 1799, be allowed in any claim for return duties on importations heretofore made. Any previous circular instructions or regulations conflicting with the preceding are hereby repealed. WM. L. HODGE, Acting Secretary of the Treasury. TARIFF OF THE PERUVIAN GOVERNMENT. Information has been communicated to the Department of State, by EDWARD MCCALL, Esq., Consul of the United States at Lima, that the new tariff, or rates of duties, lately approved and published by order of the Peruvian Government, goes into effect on all goods or merchandise imported from the United States on the 20th of September next. This tariff very materially modifies the rate of duties at present collected on foreign merchandise, and particularly on the staple articles of domestic cottons imported from the United States. These cottons are now subject to a duty of 40 per cent, but after the 20th of September they will pay only 15 per cent; flour will pay 30 per cent-about one-third of the duty now exacted. Chairs, wood and cane seats, 25 per cent; furniture, all classes, 30; silks and linens, all classes, 28; woolens, all classes, 25. STATISTICS OF POPULATION, &c.' POPULATION AND REPRESENTATION OF THE UNITED STATES. We understand, says the National Intelligencer, that on the 2d of August, 1852, the Secretary of the Interior, in compliance with the provisions of the act of Congress, approved 23d May, 1850, providing for the taking of the seventh and subsequent censuses, transmitted to the House of Representatives his official certificate of the number of representatives apportioned to each State under the last or Seventh Enumeration of the Inhabitants of the United States, and that certificates are being prepared to be sent to the Executive of each State of the number to which such State is entitled. These certificates are in accordance with and founded upon the following table, showing the federal and representative population of the United States on the 1st day of June, 1850: POPULATION OF THE UNITED STATES, SEVENTH CENSUS, 1850, WITH THE APPORTIONMENT OF REPRESENTATION AND THE FRACTIONS FOR EACH STATE, States. Maine... New Hampshire.. Total. Slaves. 583,169 317,976 314,120 994,499 2,311,786 25 *69,706 1,980,408 21 18,588 Indiana.. 977,628 10,788 988,416 988,416 11 *54,216 * All the States marked thus (*) have an additional member for the fraction. ↑ One representative added for California under the act of Congress, approved 30th July, 1852. COMPLETE CENSUS OF THE PROVINCE OF NOVA SCOTIA IN 1851. We are indebted to D. MCCULLOCH, Esq., Secretary to the Board of Statistics (Financial Secretary's office) for complete "statistics of each county of the British Prov ince of Nova Scotia, exhibiting a view of the population, pursuits, industry, and resources of the country, within each county of the Province, as taken in 1851." Under the present head we give all that relates to population, according to the classification of the official document from which the subjoined statements are copied : NUMBER OF PERSONS IN THE PROVINCE OF NOVA SCOTIA ENGAGED IN LEARNED PROFESSIONS, Total..... 288 143 145 2,415 3,200 8,895 31,604 9,927 1,413 3,961 1,254 CENSUS OF THE PROVINCE OF NOVA SCOTIA, EXHIBITING THE AGGREGATE NUMBERS, AGES, AND SEXES OF EACH DESCRIPTION OF PERSONS. 73 301 2,113 197 52 83 1,222 81 125 88 41 108 7 40 171 490 3 594 1 502 3,276 ... ... |