per ton. Upon every vessel not of the United States,
which shall be entered in one district from another dis-
trict, having on board goods, wares, or merchandise taken
in one district to be delivered in another district, duties
shall be paid at the rate of 50 cents per ton. Nothing in
this section shall be deemed in any wise to impair any
rights or privileges which have been or may be acquired
by any foreign nation under the laws and treaties. of the
United States relative. to the duty of tonnage on vessels.
On all foreign vessels which shall be entered in the
United States from any foreign port or place, to and with
which vessels of the United States are not ordinarily per-
mitted to enter and trade, there shall be paid a duty at
the rate of two dollars per ton; and none of the duties,
on tonnage above mentioned shall be levied on the vessels
of any foreign nation if the President of the United
States shall be satisfied that the discriminating or coun-
tervailing duties of such foreign nations, so far as they
operate to the disadvantage of the United States, have
been abolished: * * *
** and any rights or privileges ac-
quired by any foreign nation under the laws and treaties
of the United States relative to the duty of tonnage on
vessels shall not be impaired; and any vessel any officer
of which shall not be. a citizen of the United States, shall
pay a tax of fifty cents per ton.

159. Light money (in exceptional cases).

June 26, 1884.
Sec. 14.

A duty of fifty cents per ton, to be denominated "light R. S., 4225. money," shall be levied and collected on all vessels not of the United States, which may enter the ports of the United States. Such light-money shall be levied and collected in the same manner and under the same regulations as the tonnage duties.

The preceding section shall not be deemed to operate R. S., 4226. upon unregistered vessels, owned by citizens of the United States, and carrying a sea-letter, or other regular document, issued from a custom-house of the United States, proving the vessel to be American property. Upon the entry of every such vessel from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owners shall make oath that the sea-letter or other regular document possessed by such vessel contains the name or names of all the persons who are then the owners of the vessel; or if any part of such vessel has been sold or transferred since the date of such sea-letter or document, that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such vessel. If the owner or any part owner does not reside at the port or place at which such vessel shall enter, then the master shall make oath to the like effect. If the owner or part owner, where

R. S., 4222.

June 26, 1884.
Sec. 26.

Sec. 10.

there is one, or the master, where there is no owner, shall refuse to so swear, such vessel shall not be entitled to the privileges granted by this section.

160. Consular tonnage charges.

No consul or consular agent of the United States shall exact tonnage fees from any vessel of the United States, touching at or near ports in Canada, on her regular voyage from one port to another within the United States, unless such consul or consular agent shall perform some official services, required by law for such vessel, when she shall thus touch at a Canadian port.

161. Refund of tonnage tax.

Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or seamen has been paid to any collector of customs or consular officer, and application has been made within one year from such payment for the refunding or remission of the Feb. 14, 1903. same, the Secretary of Commerce and Labor, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated.

July 5, 1884.
Sec. 3.

On all questions of interpretation

relating to the collection of tonnage tax, and to the refund of such tax when collected erroneously or illegally, his [Commissioner of Navigation] decision shall be final.

1

PART XII.-DISCRIMINATION AND RETALIATION.

162. Discrimination against American vessels.

163. Discrimination against American fishing vessels.

164. Discrimination against products

of the United States.

165. Discrimination on Canadian canals.

166. Vessels of nations not assimilated by treaty to American vessels.

167. Discriminating duties.

162. Discrimination against American vessels.
Whenever any foreign country whose vessels have been
placed on the same footing in the ports of the United
States as American vessels (the coastwise trade excepted)
shall deny to any vessel of the United States any of the
commercial privileges accorded to national vessels in the
harbors, ports, or waters of such foreign country, the
President, on receiving satisfactory information of the
continuance of such discriminations against any vessels of
the United States, is hereby authorized to issue his procla-
mation excluding, on and after such time as he may indi-
cate, from the exercise of such commercial privileges in
the ports of the United States as are denied to American
vessels in the ports of such foreign country, all vessels of
such foreign country of a similar character to the vessels
of the United States thus discriminated against, and sus-
pending such concessions previously granted to the vessels
of such country; and on and after the date named in such
proclamation for it to take effect, if the master, officer, or
agent of any vessel of such foreign country excluded by
said proclamation from the exercise of any commercial
privileges shall do any act prohibited by said proclama-
tion in the ports, harbors, or waters of the United States
for or on account of such vessel, such vessel, and its rig-
ging, tackle, furniture, and boats, and all the goods on
board, shall be liable to seizure and to forfeiture to the
United States; and any person opposing any officer of the
United States in the enforcement of this act, or aiding
and abetting any other person in such opposition, shall
forfeit eight hundred dollars, and shall be guilty of a
misdemeanor, and, upon conviction, shall be liable to im-
prisonment for a term not exceeding two years.

163. Discrimination against American fishing vessels.

June 19, 1886.

Sec. 17.

Whenever the President of the United States shall be Mar. 3, 1887. satisfied that American fishing vessels or American fisher

men, visiting or being in the waters or at any ports or

places of the British Dominions of North America, are or then lately have been denied or abridged in the enjoyment of any rights secured to them by treaty or law, or are or then lately have been unjustly vexed or harassed in the enjoyment of such rights, or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or otherwise unjustly vexed or harassed in said waters, ports, or places;

Or whenever the President of the United States shall be satisfied that any such fishing vessels or fishermen, having a permit under the laws of the United States to touch and trade at any port or ports, place or places, in the British Dominions of North America, are or then lately have been denied the privilege of entering such port or ports, place or places, in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be prevented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation;

Or whenever the President of the United States shall be satisfied that any other vessels of the United States, their masters or crews, so arriving at or being in such British waters or ports or places of the British Dominions of North America, are or then lately have been denied any of the privileges therein accorded to the vessels, their masters or crews, of the most favored nation, or unjustly vexed or harassed in respect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases:

It shall be lawful, and it shall be the duty of the President of the United States, in his discretion, by proclamation to that effect, to deny vessels, their masters and crews, of the British Dominions of North America, any entrance into the waters, ports, or places of, or within the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper), whether such vessels shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere, and also to deny entry into any port or place of the United States of fresh fish or salt fish or any other product of said dominions, or other goods coming from said dominions to the United States.

The President may, in his discretion, apply such proclamation to any part or to all of the foregoing-named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execution of the purposes of this act.

Every violation of any such proclamation, or any part thereof, is hereby declared illegal, and all vessels and

goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or goods whose importation or coming to or being in the waters or ports of the United States contrary to law may now be enforced and proceeded upon.

Every person who shall violate any of the provisions of this act, or such proclamation of the President made in pursuance hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both said punishments, in the discretion of the court.

164. Discrimination against products of the United States. Whenever the President shall be satisfied that unjust discriminations are made by or under the authority of any foreign state against the importation to or sale in such foreign state of any product of the United States, he may direct that such product of such foreign state so discriminating against any product of the United States as he may deem proper shall be excluded from importation to the United States; and in such case he shall make proclamation of his direction in the premises, and therein name the time when such direction against importation shall take effect, and after such date the importation of the articles named in such proclamation shall be unlawful. The President may at any time revoke, modify, terminate, or renew any such direction as, in his opinion, the public interest may require.

165. Discrimination on Canadian canals.

With a view of securing reciprocal advantages for the July 26, 1892. citizens, ports, and vessels of the United States, on and after the first day of August, eighteen hundred and ninety-two, whenever and so often as the President shall be satisfied that the passage through any canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or the water ways connecting the same, of any vessels of the United States, or of cargoes or passengers in transit to any port of the United States, is prohibited or is made difficult or burdensome by the imposition of tolls or otherwise which, in view of the free passage through the Saint Marys Falls Canal, now permitted to vessels of all nations, he shall deem to be reciprocally unjust and unreasonable, he shall have the power, and it shall be his duty, to suspend by proclamation to that effect, for such time and to such extent (including absolute prohibition) as he shall deem just, the right of free passage through the Saint Marys Falls Canal, so far as it relates to vessels owned by the subjects of the gov