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Bio de Janeiro, Buenos Ayres, Bio Grande, &c. ; and this accounts for the
large proportion of tonnage which left this port in ballast. Under ordinary cir-
camstances, the American flag commands the best rate of freights for the South
American ports.

The general trade between this port and the United States was excessively
Kmited in the year just ended, and even in foreign vessels the imports were
limited towards the fall to a few vessels with grain, admitted in virtue of the
temporary law which allows the importation of grain until the month of April

The chief exports of this place to the United States are cork-wood, salt,
wine, and marble, and a little olive-oil. Bat in the period of time to which I
am referring, the exports of these articles were of little or no value.

Boring the year 1862 the general exports of wine, oil, and vinegar were as
follows, viz :

Wine exported ^ • 6,357,109 litres.

Vmegar exported 1,391,432 "

Olive-oil exported 3,163,057 "

The very imperfect statistical accounts to be had here, and the tardy way in
which they are published, do not permit me to give more detailed accounts of
these exports.

In genera], the American shipping movement at this port for the year just
ended may be looked upon as not one of the most active ; and this must be
attributed in great part to the unfortunate state of the markets at home, which
does not permit merchants here to remit their goods to the States in view of
depressed prices and high duties ; while, on the other hand, shipmasters do not

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feel inclined to seek a port where diminished trade does not offer them a chance
of procuring remunerative freights or charters.

Febbuary 20, 1863.

In reply to circular No. 30, from the Department of State, requesting informa-
tion on the means adopted hy the country of my official residence for the pro-
tection of its revenues and the collection of duties in the passage of goods across
the national frontiers, I have the honor of communicating to you the following :

The chief revenue of Portugal is derived from the following sources, viz : •

Direct taxes on trade, property, &c., about $10, 000, 000

Import and export duties 3, 000, 000

Total yearly revenue about $13, 000, 000

The personal taxes are levied by the French system of reparation introduced
within the last two years. The whole amount of such taxes for the year is
divided proportionately to the population among the different provinces. Each
province then divides the shares among the districts ; and la&tly, the municipal
chfimber of each t-own, &c., &c., convenes each class of tax-payers, who divide
the sum among themselves in proportion to each one's business or profession.
The basis of this last division is a classification made by government of the tax
which each trade, profession, or employment is' bound to pay. Thus, for ex-
ample, the tax for a merchant of the first class is Rs. 80$000 ; and supposing
there are Atie hundred such merchants in a town, the total amount of taxes for
such town may be B.s. 8.000$000. T^e merchants then call a Ibeeting of all tlic
class, elect a chairman and two members, who proceed to divide among them-
selves the above sum of Bs. 8.000$000 in proportion to each one's amount of
business, and under the proviso that the maximum of tax chargeable to one iu-
dividual of the class is five times the original quota, (80$000 X 5 = Ks. 400$000,)
and the minimum is one-fifth of the quota, or Bs. 16$000. The means adopted
for the recoveiy of this tax is by district collectors, who twice a year open Uieir
bureaus for the interested parties to pay in their taxe^ during thirty days, after
which the bureaus are still kept open for sixty days for the receipt of taxes,
chargeable then with an additional mulct of three per cent. ; and finally, if not
then paid, suits are commenced judicially against the dilatory parties, with
eventual execation on their goods and chattels. But this system has hitherto
not answered well, as the aggregate of such taxes in arrear for many years now
figures in a sum of nearly $5,000,000, of which a great part is of doubtful re-
covery. The means adopted by this country for the collection and protection
of the export and import duties on foreign goods is more complicated, altliough,
perhaps, still less efficient than those employed for the cRrect taxes. Two head
custom-houses are established — one at Oporto and another at Lisbon — where,
alone, certain classes of goods can be despatched, such as cotton and woollen
manufactures, and colonial articles. On the chief frontier towns, along the
Spanish inland line, petty custom-houses arc established for the clearing inward
of such articles as are usually imported from that side. These chiefly consist
of grain and cattle ; and for the prevention of contraband a system of foot and
mounted guards is adopted to prevent the clandestine introduction of articles.
But these guards beinj^ few in number, and but very indifferently remunerated,
are easily avoided or bought over by the innumerable smugglers who annually
import over the Portuguese frontier every article which is subject to duty, besides
large quantities of others which are the produce of this country, such as cork-
wood, wool, oil, wine, and cereals, all of which, once safely introduced, arc sub-

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seqaently consumed or exported as Portngaese prodace. The mountainoos
nature of the border coantries, the old and inveterate habits of the people all
slong the frontier, render smuggling of almaet impossible extinction so long as
prohibitive duties and aversion to free trade ideas o£fer a strong inducement to
illicit operations of this nature, and to which the nature of the country itself
offers great and easy inducements. Added to this a system of petty examina-
tion, weighing and verifying of every little article introduced through the custom-
houses, causing delay and vexation to all well-intentioned importers^ only causes
other less scrupulous parties to avail themselves of a readier and more profitable
means of carrying on their operations. Government seems here well aware of all
these defects, and of the serious loss to its revenues from the causes enumerated ;
and there is an apparent tendency to diminish their import duties on many im-
portant articles, and a gradual approach to free trade.' But this event will
probably only be more thoroughly carried into effect, or their system of duties
more fully modified, so soon as their railways will approach and cross the Spai^ish
frontier ; when, inevitably, changes must take place in accordance with what is
practiced by other enlightened countries placed in similar geographical contact.

March 19, 1863.

I have the honor of waiting on you, for the information of the department,
with the enclosed translation of the royal decree of the 12th instant, just pub-
lished, ordaining the code of signals and lights to be used by all Portuguese
vessels when sailing at night. *•••••


Considering the great increase in the navy of all countries, and the consequent
angmenting number of vessels which navigate all seas, thus increasing the chances
and mutually causing collisions ; considering the lamentable damages caused by
finch collisions, both by loss of lives and of property ; considering that, for these
reasons, the governments of France and England have agreed to put into execu-
tion a code which determines certain fixed rules for all vesBels•o^war as well as
merchantmen, to the end of avoiding collisions ; considering that, in order to
obtain good results, the general and mutual co-operation of sdl maritime coun-
tries is essentially necessary so as to cause such regulations to acquire a truly
international character, based as it is on the most provident intention and due
reciprocity which the law demands, I am pleased hereby to decree the following :

Article 1. From the 1st June next all commanders, captains, and masters
of all ships or vessels, both government and private, are bound to follow the rules
determined in the subsequent articles as a means of avoiding collisions.

Article 2. For the due application of the present decree are declared sailing
taselt all such as navigate only by virtue of their sails, even if they possess
engines. Are to be considered as steamers all such as are navigating under
steam, oven if they carry all their sails unfurled.

Article 3. It is expressly prohibited to show any other light but such as
are determined in the present decree; the latter are to be maintained f^om sun-
set to sunrise.

Article 4. All steamers when navigating are to show —

1. A white and brilliant light on the foretop; a green light on the starboard
side ; a red liglit on the larboard side.

2. The top light is to have sufficient intensity, and to be placed in such a way
as to be seen on a dark night, but without fog, at a distance of at least five miles,
and to shed a uniform and uninterrupted light with a horizon of twenty points
of the compass, ten to each side — that is to say, from the bows as far as 22^ 30'
on both sides astern of the perpendicular.

3. The starboard green lights and the larboard red lights are to have the

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requisite intensity, and to be placed in such a manner as to be seen on a dark
nigbt, but without fog, at a distance of two miles at least, and to shed a uniform
and uninterrupted light with an arc of ten points of the compass — ^that is to say,
from the bows to the stem of the perpendicular. These lights must not be seen
from the bows — ^that is to say, the starboard and the larboard ones. For this
purpose each one must be provided with a shade on the forward side of each
oi 0,9m, width.

Article 55. All steamers when acting as townships are to carry, besides the
side lights, two white lights on the fore-top. These lights are to be in every
sense similar to the top lights for steamers.

Article 6. All sailing ships, when going under sail or in tow, are always to
carry lights similar in every respect to those of steamers, with the exception of
one on the fore-top, which they are never to show.

Article 7. In all cases where sailing vessels are of such dimensions as not to
allow of the lights being permanently fixed on the sides, they must be always
kept on deck, each one on its respective side, and ready to be shown to any
vessel that may appear, and in full time to avoid a collision. Such lights t
when required to oe shown, are to be kept visible as long as possible, in such
• manner as that the green may not be seen from the port bow, and the red from
the starboard bow. For greater certainty and facility, the lights or lanterns
are to be painted outside of the respective color, and are to have the corre-
sponding shading board.

Article 8. AH vessels, both sailing vessels and steamers, when at anchor
in any port, canal, or frequented locality, are to show, from sunset to sunrise,
a white light, at a height of not less than 6 metres from the deck, and visible
round a horizon of at least one mile.

Article 9. All pilot sailing boats are not obliged to carry^more than one
white light on the mast-top, which must be visible from all points of the hori-
zon, and are likewise to fire a signal (torch or brand) every fifteen minutes.

Article 10. All fishing vessels, or all such as are not decked, are not hound
to carry the lights demanded of all vessels; but if they have them not, they
must be provided with a light or lantern with a red and a green glass, so that
on approaching a vessel the proper color may be shown, in order to avoid a col-
lision, that the green color may not be seen from larboard, nor the red from the
starboard side. All fishing and undecked vessels, when at anchor and with
nets cast, and consequently stationary, must show a white light. They may,
besides this, bum a signal from time to time.

Artic|.e 11. During a fog, both in daytime and at night, all vessels are to
make the following every five minutes at least :

1st. On board steamers, when navigating, the steam-whistle is to be sounded
near the chimney, 2.40m. above the gunwale.

2d. On board sailing ships, when navigating, a trumpet or horn is to be

3d. In all vessels, whether sailing or steamers, when stationary, the bell is
to be sounded.

Article 12. If two sailing vessels be navigating directly towards each
other, or in such a manner as to cause a chance of a collision, they must both
bear up to starboard, and pass each other on the larboard sides.

Article 13. If two sailing vessels are sailing in such a manner as to cross
each other, and run the risk of collision if carrying differing tacks on board,
that vessel which has the larboard tack on board shall navigate in such a man-
* ner as not to stop the way of the vessel which has her starboard tack on
board. If, however, the vessel carrying the larboard tack be close-hauled, and
the other going free, the latter must then navigate in such manner as not to im-
pede the course of the other. If one of these be going before the wind, or if

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both be on the same tack, the vessel goiog before the wind» or the one to wind-
ward, is to navigate in such manner as not to stop the other's coarse.

Article 14. Should the steamers be steering towards each other, or almost
on the same line, so soon as there be danger of collision, thej must haul up to
fitarboard and pass each other port to port side.

Article 15. If two steamers be steering in a line to cross each other, and
thus expose them to a collision, the steamer that sees the other to starboard is
to navigate in such manner as not to stop the other's way.

Article 16. If two vessels, one a steamer and the other a sailing vessel, be
steering in such a manner as to cause danger of collision, the steamer must
steer in such manner as not to stop the sailing vessel's cburse.

Article 17. Every steamer on approaching any othef vessel in a way so as
to canse danger of collision, is to diminish her speed, stop, or even go aback
should such be necessary. All steamers, in foggy weather, are to go at mod-
•emte speed.

Article 18. Any vessel going at a quicker rate than another, must steer in
such manner as not to disturb the course of such other vessel.

Article 19. Whenever by virtue of the dispositions of the preceding arti-
cles it be necessary on board one ship to navigate in such manner as not to
disturb the course of the other, the latter must modify its course according to
the rules expressed in the following article.

Article 20. In the execution of the foregoing dispositions all vessels must
bear in mind the dangers of navigation, and are to pay special attention to any
paiticnlar circumstance which may call for the non-compliance with the clauses
thas ordained, in order to obviate an imminent danger.

Article 21. All ship-owners, captains or masters of vessels (whether sailing
vessels or steamers) are not to be exempted, under any pretext whatever, from
the consequences which may result from the want of the ligbts and signals or-
dained, from the want of the necessary vigilance, or, in fine, from negligence
regarding any of the precautions determined by the ordinary practice of navi-
^tion or by the particular circumstances of the situation in which vessels may
find themsdves placed.

The minister and secretary of state of the marine and • colonial department
is thus to understand these presents and cause the same to be executed.

Palace, 12th March, 1863.

KING. [l. s.]


July 20, 1863.

I have the honor of waiting on you, for the information of the department,
with the enclosed translations of laws lately published here, viz :

No. 1. Law of 8th July, 1863, establishing the act of navigation.
No. 2. Law of lltfi July, 1863, establishing certain reductions of duties on
•sundry articles of the Portuguese tariff.

I am hereby pleased to decret the following :

Title 1. — Of the nationality of vesteU and the conditions thereof.

Article 1. The conditions of the nationality of Portuguese merchant vcs-
•sels have for its object —

1. The building or origin of the vessel.
2- The owners or managers thereof.

3. The master and officers who command her.

4. The crew who serve therein.

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Chapter 1.
Of the origin of the vessel.

Article 2. In order that a vessel be considered Portuguese she must be of For-
t'agaese construction.

Article 3. But foreign vessels, or built abroad, are considered national to all
effects —

1. If purchased by Portuguese subjects, and having once paid the tonnage
duties established in the decree of 11th August, 1852, and having further com-
plied with the register under the terms and in the cases specified in article 4th
of said decree.

2. If lawfully taken and adjudged as good prizes.

3. If judged as lost in virtue of the infraction of the laws.

4. If belonging to navigation or towing companies established in Portugal
and legally authorized.

Chapter 2.

Of the property of vessels.

Article 4. No vessel shall be considered Portuguese, even if built in Portu-
gal, the ownership whereof shall not be entirely Portuguese or of naturalized

Sec. 1. Any Portuguese vessel alienated by a national owner to a for-
eigner is no longer a Portuguese vessel.

Sec. 2. Any foreigner, not naturalized, who may acouire, by inheritance

or by any other gratuitous title, a Portuguese vessel, is oound to alienate her

within thirty days, under penalty of her forfeiture to the denouncer.

Article 5. Any foreign vessel acquired by a Pqrtuguese, and where, in the

contract therefor, any fraudulent reserve be made in favor of a foreigner not

naturalized, shall, on the discovery of such fraud, be publicly sold, and the

proceeds thereof applied to the marine hospital.

Article 6. Are to be considered as Portuguese and as being owned by Por-
tuguese, for the effects of article 4, all vessels 'belonging to navigation or towing
companies established and Icgallv authorized in Portugal.

Article 7. The possession of a vessel without a tide of acquisition does not
give to the possessor the proprietorship thereof.

Chapter 3.
()f the master, the officers, and crew.

Article 8. The captain or muster and the supercan^o must be Portuguese
or naturalized foreigners. J

Article 9. Two-thirds, at least, of the individuals who compose the crew
must be Portuguese or naturalized foreigners, except in such cases as are speci-
fied in treaties. •

Title 2. — Of the means of proving nationality.

Article 10. The flag and the ship's papers are the means of proving the
Portuguese nationality of vessels not only in foreign coimtries, in order to enjoy
the privileges and immunities resulting from treaties, but likewise on the high
seas, in order to receive proper respect.

Sec. solus. The nationality of a vessel does not necessarily imply that
of her cargo whenever the latter be not duly proven.

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Ghaptbb 4.

Of the flag.

Article 11. The Portugaese flag is partu per pale blue and white, with
the royal arms placed on the centre.

Sec solus. Besides the flag or ensign, all vessels must have on board
Marryat's signals.

Chapter 5.

Of skip^s papers.

Article 12. The ship's documents or papers, as the means of proving the
natioiuditj of the ship and cargo, as well as the destination and regularity of
her voyage, are —

1. The register of ownership of the vessel.

2. The royal passport or sea-letter.

3. The crew list.

4. The bills of lading and charter-parties.

5. The manifest of cargo and custom-house clearances.

6. The receipted bills for port charges, pilotage, and such like.

7. The freight list.

8. The ship's ledger.

9. The daily log-book.

10. The bill of health.

11. The list of passengers.

12. One proof of the commercial code.

Sec. scius. Of all these documents are to be considered as essential and
mdispensable as proofs of nationality of the vessel, the deed of ownership
or ship's register, the sea-letter^ and crew list or articles. The want of
these aoenments may result in the vessel being considered a good prize
according to international rights.

Section 1. — Of the deed of ownership of vessels.

Article 13. The deed of ownership of a vessel must be registered at the-
port captain's department of the port wnere she belongs ; but at all such ports
as have no captain or inspector as their delegates, the register is entered by the*
chiefs of the respective custom-houses according to the existing laws.

8ec. solus. An exception is made regarding vessels bought of a for-
dgner or taken as a prize, in which case the register thereof must be en-
tered only in the port of Lisbon.
Article 14. The register must include —

1. The name of the vessel.

2. The tonnage as proven by a certificate of measurement indicating the
date thereof.

3. The name, surname, and residence of the owner or owners.

4. The date of acquiring the vessel, and the species and date of the title to
such acquiring, and should she belong to more than one, mention must bo
made of each one's share. Whenever a transfer of a whole or part shall take
place, the register must be altered so as to show these changes, and the like
alterations in the register are to be made whenever any marked changes take
place in the ship herself.

Sec solus. Through the department of the navy is to be given, to all
such vessels as may demand it, an authentic certificate of the register on

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parchment, signed hj the minister, bj the officer drawing up the same,
and sealed with the pendant seal ; and on this document are to be noted
all successive alterations which may have taken place in the original

Section 2, — Of the royal passport or sea-letter.

Article 15. The royal passport or sea-letter is made out at the navy de-

vpartment on parchment, signed by the minister, and sealed with the seal of the

royal arms and with the public stamp, and the same is not to be granted witb-

' out first showing the certificate of registry and of measurements of the vessel.

Sec. 1. The passports for pilot vessels in the ultramarine provinces are

to be made out by the respective governors.

Sec. 2. The passport is permanent and is only to be renewed, Ist, on a
change of name of the vessel ; 2d, on any important alteration in her rig ;
dd, on transfer of ownership in part or in whole.
Article 16. The passport must be shown during a voyage to all vessels
who may visit the ship officially, and, within the nrst twenty-four working
hours after the vessel's entering the national ports in kingdom or in the col-
onies, to the competent authorities, and in a foreign port to the consuls or vice-

Section 3. — Of crew list or articles.

Article 17. The crew list or ship's articles must comprise —

1. The name of the vessel.

2. The place of starting, that of her destination, and that of the return voyage.

3. The name, pro-name, place of birth, residence, profession, and character-
istic signs of the master, officers, and of all such as ser\'e on board the vessel.

j4. The wages agreed on.

5. All advance wages.

6. The duties and obligations of each man of the crew, and of his coming on
aboard, with his effects at the time specified by the captain.

.Article 18. The articles are made out by the mlLrine inspectors or their
'-delegates, and, at the ports where such do not exist, by the chiefs of custom-
i^houses, the latter being, for this effect, subordinate to the minister of marine.

Article 19. The dispositions of the preceding arricles are not to prejudice —

1. What has been ordained with regard to the crews of fishing vessels in the
-decree of the 26th atd the regulations of the 28th November, 1842, and in the

royal order of the 31st January, 1850, regarding the shipment of crews in fish-
ring vessels for the sea of Larache or beyond the coast of this kingdom.

2. All that has been regulated by especial laws with regard to the crews of
tow steamers.

7\tle 3. — Final disposition.

Article 20. There is to be found on board all government and merchant
vessels a printed copy of the present decree.

Let the minister and secretary of state for the marine and colonial department
^thns understand these presents, and cause the same to be executed.

Online LibraryUnited States. Dept. of StateCommercial relations of the United States with foreign countries → online text (page 28 of 75)