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commerce produced or manufactured in the territories of the other, unless this prohibition shall equally and at once be extended to all other nations.
X. The Republic of the United States of America, recognizing that it is just and necessary to facilitate to the Independent State of the Congo the accomplishment of the obligations which it has contracted by virtue of the General Act of Brussels of the 2nd July, 1890,* admits, so far as it is concerned, that import duties may be collected upon merchandize imported into the said State.
The tariff of these duties cannot go beyond 10 per cent. of the value of the merchandize at the port of importation, during fifteen years to date from the 2nd July, 1890, except for spirits, which are regulated by the provisions of Chapter VI of the General Act of Brussels.
At the expiration of this term of fifteen years, and in default of a new accord, the United States of America will be replaced, as to the Independent State of the Congo, in the situation which existed prior to the 2nd July, 1890; the right to impose import duties to a maximum of 10 per cent. upon merchandize iinported into the said State remaining acquired to it, on the conditions and within the limitations determined in Articles XI and XII of this Treaty.
XI. The United States shall enjoy in the Independent State of the Congo, as to the import duties, all the advantages accorded to the most favoured nation.
It has been agreed besidesmi
1. That no differential treatment nor transit duty can be established;
2. That in the application of the tariff régime which will be introduced, the Congo State will apply itself to simplify, as far as possible, the forınalities and to facilitate the operations of commerce.
XII. Considering the fact that in Article X of the present Treaty the United States of America have given their assent to the establishment of import duties in the Independent State of tho Congo under certain conditions, it is well understood that the said Independent State of the Congo assures to the flag, to the vessels, to the commerce, and to the citizens and inhabitants of the United States of America, in all parts of the territories of that State, all the rights, privileges, and immunities concerning import and export duties, tariff régime, interior taxes, and charges, and, in a general manner, all commercial interests, wbich are or shall be accorded to
* Vol. LXXXII, page 55.
the Signatory Powers of the Act of Berlin or to the most favoured nation.
XIII. In case a difference should arise between the two High Contracting Parties as to the validity, interpretation, application, or enforcement of any of the provisions contained in the present Treaty, and it could not be arranged amicably by diplomatic correspondence between the two Governments, these last agree to submit it to the judgment of an Arbitration Tribunal, the decision of which they bind themselves to respect and execute loyally.
The Tribunal will be composed of three members. Each of the two High Contracting Parties will designate one of them, selected outside of the citizens and the inhabitants of either of the Contracting States and of Belgium. The High Contracting Parties will ask, by common accord, a friendly Government to appoint the third Arbitrator, to be selected equally outside of the two Contracting States and of Belgium.
If an Arbitrator should be unable to sit by reason of deatli, resignation, or for any other cause, he shall be replaced by a new Arbitrator, whose appointment shall be made in the same manner as that of the Arbitrator whose place he takes.
The majority of Arbitrators can act in case of the intentional absence or formal withdrawal of the minority. The decision of the majority of the Arbitrators will be conclusive upon all questions to be determined.
The general expenses of the arbitration procedure will be borne, in equal parts, by the two High Contracting Parties; but the expenses made by either of the .parties for preparing and setting forth its case will be at the cost of that party.
XIV. It is well understood that if the Declaration on the subject of the import duties, sigued the 2nd July, 1890,* by the Signatory Powers of the Act of Berlin, should not enter into force, in that case the present Treaty would be absolutely null and without effect.
XV. The present Treaty shall be subjected to the approval and the ratification, on the one band, of the President of the United States, acting by the advice and with the consent of the Senate, and, on the other hand, of His Majesty the King of the Belgians, Sovereign of the Independent State of the Congo.
The ratifications of the present Treaty shall be exchanged at the same time as those of the General Act of Brussels of the 2nd July, 1890, and it will enter into force at the same date as the latter.
Io faith of which the respective Plenipotentiaries of the ligh
* Vol. LXXXII, page 80.
Coutracting Parties have signed the present Treaty in duplicate, in English and in French, and have attached thereto their seals.
Done at Brussels, the 24th day of the month of January, of the year 1891.
(L.S.) EDWIN H. TERRELL
PROCLAMATION by the President of the United States,
respecting a reciprocal Commercial Arrangement between the United States and Brazil.-Washington, February 5, 1891.
WHEREAS pursuant to section 3 of the Act of Congress approved the 1st October, 1890 [Chap. 1214], entitled “An Act to reduce the revenue and equalize duties on iinports, and for other purposes," the Secretary of State of the United States of America communicated to the Government of the United States of Brazil the action of the Congress of the United States of America, with a view to secure reciprocal trade, in declaring the articles enumerated in said section 3, to wit, sugars, molasses, coffee, and hides, to be exempt from duty upon their importation into the United States of America:
And whereas the Envoy Extraordinary and Minister Plenipotentiary of Brazil at Washington has comunicated to the Secretary of State the fact that, in due reciprocity for and consideration of the admission into the United States of America free of all duty of the articles enumerated in section 3 of said Act, the Goverument of Brazil has, by legal enactment, authorized the admission, frow and after the 1st April, 1891, into all the established ports of eatry of Brazil, free of all duty, whether national, State, or municipal, of the articles or merchandize named in the following Schedale, provided that the same be the product and manufacture of the United States of America :
1.-Schedule of Articles to be admitted free into Brazil.
Corn or maize, and the manufactures thersof, including corn meal and starch.
Rye, rye flour, buckwheat, buckwheat flour, and barley.
Fish, salted, dried, or pickled.
Mining and mechanical tools, implements, and machinery, including stationary and portable engines, and all machinery for manufacturing and industrial purposes except sewing machines.
Instruments and books for the arts and sciences.
And that the Government of Brazil has, by legal enactment, further authorized the admission into all the established ports of entry of Brazil, with a reduction of 25 per cent. of the duty designated on the respective article in the Tariil' now in force or which may hereafter be adopted in the United States of Brazil, whether national, State, or municipal, of the articles or merchandize named in the following Schedule, provided that the same be the product or manufacture of the United States of America :
2.- Schedule of Articles to be admitted into Brazil with a Reduction of Duty
of 25 per cent.
Manufactures of iron and steel, single or mixed, not included in the fore going free Schedule.
Leather, and the manufactures thereof, except boots and shoes.
Lumber, timber, and the manufactures of wood, including cooperage, surniture of all kinds, waggons, carts, and carriages.
Manufactures of rubber.
And that the Government of Brazil has further provided that the laws and regulations adopted to protect its revenue and prevent fraud in the declarations and proof that the articles named in the foregoing Schedules are the product or manufacture of the United States of America, shall place no undue restrictions on the importer, nor impose any additional charges or fees therefor on the articles imported;
And whereas the Secretary of State has, by my direction, given assurance to the Envoy Extraordinary and Minister Plenipotentiary of Brazil at Washington that this action of the Government of Brazil in granting exemption of duties to the products and manufactures of the United States of America, is accepted as a due reciprocity for the action of Congress, as set forth in section 3 of said Act:
Now, therefore, be it known that I, Benjamin Harrison, President of the United States of America, bave caused the above stated modifications of the Tariff law of Brazil to be made public for the information of the citizens of the United States of America.
In testimony whereof I have hereunto set my band, and caused the seal of the United States to be affixed.
Done at the city of Washington, this 5th day of February, 1891, and of the Independence of the United States of America the 115th.
(L.S.) BENJ. HARRISON. By the President: JAMES G. BLAINE, Secretary of State.
ACT of Congress of the United States, relating to the Treaty
of Reciprocity with the Hawaiian Islands. [Chap 534.]
[March 3, 1891.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that nothing in the Act approved the 1st October, 1890, entitled "An Act to reduce the revenue and equalize duties on imports, and for other purposes,” shall be held to repeal or impair the provisions of the Convention respecting commercial reciprocity concluded the 30th January, 1875,* with the King of the Hawaiian Islands, and extended by the Convention proclaimed the 9th November, 1887 ;t and the provisions of said Convention shall be in full force and effect as if srid Act had not passed.
Approved, March 3, 1891.
ACT of the State of Kansas, in regard to Aliens, and to restrict
their Rights to acquire and hold Real Estate, and to provide for the disposition of the Lands now owned by non-resident Aliens.
[March 6, 1891.] Be it enacted by the Legislature of the State of Kansas :
$1. That a non-resident alien, firm of aliens, or corporation incorporated under the laws of any foreign country, shall not be capable of acquiring title to or taking or holding any lands or real estate in this State by descent, devise, purchase, or otherwise,
• Vol. LXVI, page 112.
† Vol. LXXVIII, page 801.