1122


FOREIGN RELATIONS.


from the opening of the canal up to the 1st July, 1872, of levying a due
upon vessels
passing through the canal of 10 francs for every ton registered upon the
ship's papers,
without this mode of levying being confirmed by the imperial government.
Since
the 1st July, however, the company has, also without the sanction of the
Turkish
government, levied the same due according to a new system which it has adopted
for,
the measurement of vessels. This measure did not fail to excite the protests
of foreign
powers.
  It was agreed between the latter and the canal company to refer to the
imperial
government for an interpretation of the clause in the concession accorded
by the
Egyptian adniinistration to the-Suez Canal Company, on the 2 Rebi-ul-enel,
1272, and
confirmed by imperial firmnan on the 2 Zilcad6, 1282, whereby it is laid
down that the
due upon vessels passing through the canal shall not exceed 10 francs per
"ton of
capacity."
  Consequently, and seeing the necessity of removing all grounds for the
existing
protests by elucidating this clause, the council of ministers has deliberated
on the
question, and has studied it attentively and profoundly. Now, in ratifying
the act of
concession above mentioned, the Porte has never, in reality, understood the
expression
"ton of capacity," occurring in a certain passage of the concession,
otherwise than in
an absolute sense; it has understood the expression in the sense of the tonnage
speci-
fied on the papers of vessels belonging to different nationalities. For it
is obvious
that vessels of every nation traversing the canal must be subjected, according
to the
provisions of the concession, to an equal tax. As, however, the different
governments
have not yet adopted a uniform system of measurement for their vessels, it
was neces-
sary to employ the expression "ton of capacity7 in general, so that
the expression
should be applied to the uniform measurement which would later on be adopted
by
every government as well as by the imperial government for its marine. According
to this order of ideas, it would be natural to adopt a system of measurement
which
would give the available capacity with the closest approximation. As, therefore,
the
Moorson system is evidently the one which approaches the most of all the
existing
systems of measurement to the available capacity of vessels, the Sublime
Porte is of
opinion that the net tonnage fixed according to that system should be adopted.
In
case, however, that the powers, or M. de Lesseps. should not agree to maintain
this
system, it will be necessary to convoke an international commission for the
purpose of
choosing an available system of measurement. For it is evident that the imperial
government cannot select a definitive tonnage measurement which has not yet
been
approved and adopted by the other powers.
   Such being the result of the debat6 of the council of ministers, and His
Imperial
 Majesty to whom their decision has been referred having approved of this
decision,
 I hereby inform your highness of the said decision, in order that your highness
may
 take your measures in consequence.
 SUBLIME PORTE, 17 Djemazi-ul-evvel, 1290.





                                    No. 760.

                            Mr. Boker to Mr. Fish.

No. 128.]                           LEGATION OF UNITED STATES,
                 Constantinople, July 227 1873. (Received August 16.)
  SIR: I have the honor to say that a memorandum has been addressed
to this legation by the Sublime Porte, requesting me to give public notice
to the citizens of the United States that, in consequence of the state of
suffering to which the Vilayets of Aleppo, Syria, and Adanai have been
reduced by the present scarcity of cattle, the exportation of beasts of
burden from the ports of Beirut, Mersina, and Alekandretta will be in-
terdicted for four years-from the present date.
   Publication of the above decree in the United States is requested by
the Ottoman Government.
       I am, &c.,
                                                        GEG. II. BOKER.