iscrimination against American and in favor of
African rice, as a violation of the subsisting convention, Parliament,
by the act of 9th July, 1842, again equalized the duty on all foreign
rough rice by fixing it at 7s. per quarter., In the intervening period,
however, of nearly six years large importations had been made into Great
Britain of American rough rice, which was subjected to a duty of 2s. 6d.
per bushel; but the importers, knowing their rights under the
convention, claimed that it should be admitted at the rate of 1 penny
per quarter, the duty imposed on African rice. This claim was resisted
by the British Government, and the excess of duty was paid, at the first
under protest, and afterwards, in consequence of an arrangement with the
board of customs, by the deposit of exchequer bills.

It seems to have been a clear violation both of the letter and spirit of
the convention to admit rough rice "the growth" of Africa at 1 penny per
quarter, whilst the very same article "the growth" of the United States
was charged with a duty of 2s. 6d. per bushel.

The claim of Great Britain, under the same article of the convention, is
founded on the tariff act of 30th August, 1842. Its twenty-fifth section
provides "that nothing in this act contained shall apply to goods
shipped in a vessel bound to any port of the United States, actually
having left her last port of lading eastward of the Cape of Good Hope or
beyond Cape Horn prior to the 1st day of September, 1842; and all legal
provisions and regulations existing immediately before the 30th day of
June, 1842, shall be applied to importations which may be made in
vessels which have left such last port of lading eastward of the Cape of
Good Hope or beyond Cape Horn prior to said 1st day of September, 1842."

The British Government contends that it was a violation of the second
article of the convention for this act to require that "articles the
growth, produce, or manufacture" of Great Britain, when imported into
the United States in vessels which had left their last port of lading in
Great Britain prior to the 1st day of September, 1842, should pay any
"higher or other duties" than were imposed on "like articles" "the
growth, produce, or manufacture" of countries beyond the Cape of Good
Hope and Cape Horn.

Upon a careful consideration of the subject I arrived at the conclusion
that this claim on the part of the British Government was well founded.
I deem it unnecessary