Accordingly, to give effect to the treaty as well as to the intention of
Congress, expressed in a proviso to the tariff act itself, that nothing
therein contained should be so construed as to interfere with subsisting
treaties with foreign nations, a Treasury circular was issued on the
16th of July, 1844, which, among other things, declared the duty on the
port wine of Portugal, in casks, under the existing laws and treaty to
be 6 cents per gallon, and directed that the excess of duties which had
been collected on such wine should be refunded. By virtue of another
clause in the same section of the act it is provided that all imitations
of port or any other wines "shall be subject to the duty provided for
the genuine article." Imitations of port wine, the production of France,
are imported to some extent into the United States, and the Government
of that country now claims that under a correct construction of the act
these imitations ought not to pay a higher duty than that imposed upon
the original port wine of Portugal. It appears to me to be unequal and
unjust that French imitations of port wine should be subjected to a duty
of 15 cents, while the more valuable article from Portugal should pay a
duty of 6 cents only per gallon.
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