A question has recently arisen under the tenth article of the subsisting
treaty between the United States and Prussia. By this article the
consuls of the two countries have the right to sit as judges and
arbitrators "in such differences as may arise between the captains and
crews of the vessels belonging to the nation whose interests are
committed to their charge without the interference of the local
authorities, unless the conduct of the crews or of the captain should
disturb the order or tranquillity of the country, or the said consuls
should require their assistance to cause their decisions to be carried
into effect or supported."

The Prussian consul at New Bedford in June, 1844, applied to Mr. Justice
Story to carry into effect a decision made by him between the captain
and crew of the Prussian ship _Borussia_, but the request was refused on
the ground that without previous legislation by Congress the judiciary
did not possess the power to give effect to this article of the treaty.
The Prussian Government, through their minister here, have complained of
this violation of the treaty, and have asked the Government of the
United States to adopt the necessary measures to prevent similar
violations hereafter. Good faith to Prussia, as well as to other nations
with whom we have similar treaty stipulations, requires that these
should be faithfully observed. I have deemed it proper, therefore, to
lay the subject before Congress and to recommend such legislation as may
be necessary to give effect to these treaty obligations.

By virtue of an arrangement made between the Spanish Government and that
of the United States in December, 1831, American vessels, since the 20th
of April, 1832, have been admitted to entry in the ports of Spain,
including those of the Balearic and Canary islands, on payment of the
same tonnage duty of 5 cents per ton, as though they had been Spanish