In 1820, Congress imposed a new tonnage duty of $18 per ton on all French ships or vessels entering into the United States. The new tonnage duty was to go into effect on July 1st, 1820 only about 6 weeks after it was passed on May 15, 1820. Given the long travel times across the Atlantic Ocean it is likely that France was not even made aware of this new duty until sometime in July after many merchants had already left for the United States. Monroe learned that this had negatively impacted current attempts to "regulate by treaty the commerce between the two countries on the principle of reciprocity and equality". The new duty seemed unjust to those French ships who were unable to receive communication about the new tonnage tax before setting sail for the United States. President Monroe urged Congress to consider repealing the tonnage duty for these vessels. He suggested that it was not in the "spirit of amity and conciliation" to impose such a tonnage duty without proper communication. Thus Monroe urged Congress to consider amending the law to exempt any vessels which may have entered into our ports without having previous knowledge of the additional duty.
"An attempt has been made with the Government of France to regulate by treaty the commerce between the two countries on the principle of reciprocity and equality. By the last communication from the minister plenipotentiary of the United States at Paris, to whom full power had been given, we learn that the negotiation has been commenced there; but serious difficulties having occurred, the French Government had resolved to transfer it to the United States, for which purpose the minister plenipotentiary of France had been ordered to repair to this city, and whose arrival might soon be expected. It is hoped that this important interest may be arranged on just conditions and in a manner equally satisfactory to both parties. It is submitted to Congress to decide, until such arrangement is made, how far it may be proper, on the principle of the act of the last session which augmented the tonnage duty on French vessels, to adopt other measures for carrying more completely into effect the policy of that act.On March 3, 1821 Congress responded by passing an act to except any French ships from the original act who had entered into the United States prior to September 30, 1820. All duties paid by every French ship or vessel prior to September 30th was to be refunded. The act, also allowed for the suspension of the duty if and when a treaty or convention concerning navigation or commerce between the United States and France was signed. The United States made an offer of reciprocity with France that no duties would be charged on foreign vessels carrying American goods if France would not charge American merchants any duties. France did not accept this offer, and as Monroe stated in his 1821 State of the Union address, they demanded"other conditions more favorable to her navigation". In Monroe's opinion this gave special favor to her manufacturers, and to his regret, Monroe had to inform Congress that the long negotiations had not yet resulted in a trade agreement.
The act referred to, which imposed new tonnage on French vessels, having been in force from and after the first day of July, it has happened that several vessels of that nation which had been dispatched from France before its existence was known have entered the ports of the United States, and been subject to its operation, without that previous notice which the general spirit of our laws gives to individuals in similar cases. The object of that law having been merely to countervail the inequalities which existed to the disadvantage of the United States in their commercial intercourse with France, it is submitted also to the consideration of Congress whether, in the spirit of amity and conciliation which it is no less the inclination than the policy of the United States to preserve in their intercourse with other powers, it may not be proper to extend relief to the individuals interested in those cases by exempting from the operation of the law all those vessels which have entered our ports without having had the means of previously knowing the existence of the additional duty."
"The same conditions were offered to France, but not accepted. Her Government has demanded other conditions more favorable to her navigation, and which should also give extraordinary encouragement to her manufactures and productions in ports of the United States. To these it was thought improper to accede, and in consequence the restrictive regulations which had been adopted on her part, being countervailed on the part of the United States, the direct commerce between the 2 countries in the vessels of each party has been in great measure suspended. It is much to be regretted that, although a negotiation has been long pending, such is the diversity of views entertained on the various points which have been brought into discussion that there does not appear to be any reasonable prospect of its early conclusion."
In 1822, France and the United States did sign the France Navigation and Commerce Treaty. It was ratified by the Senate on January 31, 1823 and by then President John Quincy Adams on February 12, 1823. Monroe opened his sixth annual address to Congress with the news that he was sending the repealing all tonnage duties on French vessels and sending the treaty to the Senate for ratification.
"On the 24th of June last a convention of navigation and commerce was concluded in this city between the United States and France by ministers duly authorized for the purpose. The sanction of the Executive having been given to this convention under a conviction that, taking all its stipulations into view, it rested essentially on a basis of reciprocal and equal advantage, I deemed it my duty, in compliance with the authority vested in the Executive by the second section of the act of the last session of the 6th of May, concerning navigation, to suspend by proclamation until the end of the next session of Congress the operation of the act entitled "An act to impose a new tonnage duty on French ships and vessels, and for other purposes", and to suspend likewise all other duties on French vessels or the goods imported in them which exceeded the duties on American vessels and on similar goods imported in them. I shall submit this convention forthwith to the Senate for its advice and consent as to the ratification."
http://www.presidency.ucsb.edu/ws/index.php?pid=29462
United States Statutes at Large, Volume 3 U.S. Government Printing Office (1846) pg. 605 and 641-642
http://tcc.export.gov/Trade_Agreements/All_Trade_Agreements/exp_005341.asp
https://upload.wikimedia.org/wikipedia/commons/4/4b/1824_Klinkowstrom_View_of_New_York_City_from_Brooklyn_-_Geographicus_-_NewYorksHamnochRedd-muller-1824.jpg
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