No. 89.
Mr. Borges to Mr. Evarts.

Mr. Secretary of State: I am informed that the Brazilian vessel Foster, having recently arrived at New York with a cargo of merchandise, the custom-house of that city required her to pay fifty cents per ton in addition to the amount called for by the general tariff, this being-due, according to the statement of the custom-house, owing to the expiration of the treaty between Brazil and the United States.

The consignees of the vessel paid this additional charge under protest, the fact being that, although the stipulations of the treaty of 1827 (1828?) relative to commerce long since ceased to have binding force, Brazilian vessels have always been considered in the United States as being exempt from that additional charge, and the same has been the case in Brazil with regard to vessels of the United States.

As this new measure is at variance with a time-honored custom, and is detrimental to the interests of Brazil, it is my duty to bring it to the knowledge of the imperial government; before doing so, however, I desire to call your excellency’s attention to it, because, if this regulation were also adopted in the empire, it would be still more prejudicial to the interests of the United States, inasmuch as the number of United States vessels entering Brazilian ports is very considerable, while but few Brazilian vessels enter the ports of the United States $ such a measure, moreover, cannot certainly be favorable to the development and extension of commercial relations between Brazil and the United States which are so much desired by the people of both countries as well as their respective governments.

I avail myself of this occasion to reiterate to your excellency the assurances of my highest consideration.

A. P. de CARVALHO BORGES.