Mr. Rouse to Mr.
Seward
No. 16.]
Legation of the United States,
Honolulu,
December 14, 1866.
Sir: I have the honor to inform you that on the
10th instant I received a despatch from his Hawaiian Majesty’s minister
of foreign relations regarding the discriminating duties collected by
the United States government upon goods imported in vessels bearing the
Hawaiian flag. Accompanying the same was a copy of a letter addressed to
his Hawaiian Majesty’s consul at San Francisco. That you may take the
matter under consideration I have the honor to enclose you herewith
copies of the same; the despatch marked A, the letter marked B.
I beg leave to call your attention to the fact that his Majesty’s
minister of foreign relations officially informs me, and requests me to
notify the government of the United States, that no discriminating
duties of tonnage or impost are imposed or levied in the Hawaiian ports
upon vessels wholly belonging to citizens of the United States, or upon
produce, manufacture, or merchandise imported in the same, from the
United States or from any foreign country.
The object of this notice is clearly set forth in the despatch, the copy
of which is enclosed.
I have the honor to be, with great respect, your obedient servant,
HENRY B. ROUSE, Acting Charge d’
Affaires.
Hon. William H. Seward, Secretary of State, Washington, D. C.
A.
C. de Varigny to Mr. Rouse
Department of Foreign Affairs,
Honolulu,
December 10, 1866.
Sir: I have the honor to enclose to you
copy of a letter received by last mail, and transmitted to this
department by C. E. Hitchcock, his Majesty’s consul in San
Francisco, relating to the discriminating duty levied in the United
States ports upon goods of foreign origin imported in Hawaiian
vessels.
Similar representations have already been made by owners of Hawaiian
vessels, who, through the vigorous interpretation of the third
article of the treaty concluded between the Hawaiian kingdom and the
government of the United States of America, have been laboring under
great disadvantages.
As you are well aware, no discriminating duties have been or are
levied in this kingdom upon goods of foreign origin imported by
American vessels, nor are such discriminating duties levied in
United States ports upon vessels bearing the flag of Austria,
Belgium, Brazil, Chili, Denmark, Ecuador, Greece, New Granada,
Guatemala, Hanseatic towns, Netherlands, Norway, Peru, Prussia,
Russia, San Salvador, Italy, Sweden, and Venezuela.
The vessels belonging to the above-mentioned nations are admitted in
the ports of the United States on the same terms as vessels of the
United States, with the produce or manufactures of their own or any
other country. (V. U. S. tariff, sec. 911.) Hawaiian vessels (V.
sec. 915) are admitted into ports of the United States on the same
terms as vessels of the United States only when laden with the
products or manufactures of the country to which the vessel
belongs.
I entertain no doubt that if the case is fairly represented to your
government and the fact
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made known to them that no such distinction exists here, and that no
such construction is placed upon the 3d article of the treaty, it
will please the President of the United States to issue his
proclamation accordingly, and to suspend and discontinue the
discriminating duties so far levied upon Hawaiian vessels to the
great detriment of Hawaiian commerce, and to order the repayment of
said discriminating duty made under protest, as appears from the
enclosed letter.
I therefore beg to inform you officially and to request you to notify
your government that “no discriminating duties of tonnage or impost
are imposed or levied in the Hawaiian ports upon vessels wholly
belonging to citizens of the United States, or upon the produce,
manufacture, or merchandise imported in the same from the United
States or from any foreign country.”
This declaration conforms to the requirements of “the act in addition
to an act concerning discriminating duties,” has already been made,
through his Majesty’s chargé d’affaires in New York, to your
government, without eliciting any reply from the same. It has been
renewed again on the 19th of January last in regard to the Hawaiian
brig Honolulu, and no definite answer has been so far received by
this department.
The above-mentioned act declares that “upon satisfactory evidence
being given to the President of the United States by the government
of any foreign nation that no such discriminating duty” * * * “is
imposed or levied,” * * * “the President is hereby authorized to
issue his proclamation declaring that the foreign discriminating
duties of tonnage and impost within the United States are and shall
be suspended and discontinued so far as respects the vessels of said
foreign nation.” * * * * * *
The declaration above made will, I trust, leave no room for doubt,
and, through your good office, will secure to the Hawaiian flag the
reciprocal treatment to which it is and has been entitled for many
years.
I renew to you the assurances of the very distinguished consideration
with which I remain your very humble, obedient servant,
Henry B. Rouse, Esq., Chargé d’ Affaires, &c., &c., &c.
B.
Macondray & Co. to Mr. Hitchcock
San Francisco,
November 13, 1866.
Dear Sir: We beg most respectfully to
submit to you the following facts, asking that you will have them
properly represented to your government. The Hawaiian brig Lahaina
arrived at this port on the 10th instant, with a cargo of teas to
our consignment, and upon application for entry of said teas at our
custom-house, the authorities have exacted from us a discriminating
duty of 10 per cent. ad valorem, (which
amounts to about $5,000,) on the ground that the Hawaiian government
have no reciprocal treaty with the United States. As we think this
manifestly unjust and contrary to the spirit of the treaty between
the two governments, we have paid the duty under protest. As we are
convinced that no discriminating duty was ever charged by your
government upon vessels of the United States, or upon merchandise
imported in American vessels, we beg to call your attention to the
following copy of the United States revenue laws, which read as
follows:
ACT OF MAY 24, 1828.
“AN ACT in addition to an act concerning discriminating
duties.
“Be it enacted, That upon satisfactory
evidence being given to the President of the United States by the
government of any foreign nation that no discriminating duty of
tonnage or import are imposed or levied in the ports of said nation
upon vessels wholly belonging to citizens of the United States, or
upon the produce, manufacture, or merchandise imported in the same
from the United States, or from any foreign country, the President
is hereby authorized to issue his proclamation declaring that the
foreign discriminating duties of tonnage and import within the
United States are and shall be suspended and discontinued so far as
respects the vessels of said foreign nations, and the produce,
manufacture, and merchandise imported into the United States in the
same from the said foreign nation, or from any other country,”
&c.
Our object, therefore, in addressing you is to ask that you will at
once communicate with the proper authorities connected with your
government for the furnishing of the said “satisfactory evidence”
mentioned in the above law, to the effect that no such
discriminating duty has ever been imposed by your government on
vessels of the United States, or on merchandise imported in American
vessels. As there can be no doubt whatever that this evidence can be
procured, we beg that it may be put in such a shape that it can be
properly represented by your government to the authorities at
Washington, and the President of the United States requested to
issue his proclamation in accordance with the above law.
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We beg also to suggest, as you are aware of this application having
been made before to your government, that upon procuring the
“satisfactory evidence” it should be so stated, that the document
might be dated back for a sufficient time to cover all goods
arriving in the Sandwich islands or in the United States since the
beginning of the present year. You are aware that our object in
having it dated back is, that in event of the proclamation being
issued it may also be made to bear even date, so that the duties
which have been exacted in the mean time on merchandise imported
into the United States in Hawaiian vessels, and paid under protest,
as in case of the Lahaina, may be refunded. All of which is
respectfully submitted.
Trusting that it may receive your early attention, we remain yours,
very respectfully,
MACONDRAY & CO.
Hon. C. E. Hitchcock,
His Hawaiian Majesty’s Consul, San
Francisco.
Honolulu,
December 10, 1866.
Certified correct copy.
