No. 292.
Mr. Nelson to Mr.
Fish
No. 424]
Legation of the United States, Mexico,
July
20, 1871. (Received August 7.)
Sir: On the 18th of April last I addressed a note
to the Mexican department of foreign affairs, (A,) complaining of the
exaction of $200 as light-house dues from the Pacific Mail Company’s steamer
Sacramento, at the port of Mazatlan, whereas I am informed that such dues
were abolished in 1860, and that they are not now collected either at
Acapulco or Manzanillo, and requesting an investigation of the facts, in
order that the said injustice may be remedied.
On the following day Mr. Aspiroz replied, (B and C,) informing me that he had
requested the treasury department to make such investigation; and on the 4th
instant, Mr. Mariscal communicated to me the results of it, (D and E.) From
the documents annexed to his note, of which a translation is inclosed, (F,)
it appears that such dues were really abolished in 1860, but re-established
by the tariff law of 1868.
In reply, I addressed Mr. Mariscal a note, dated the 10th instant, (G,)
promising to forward the documents of the case to Washington, and asking to
be informed whether the said law discriminates between ports where there are
and where there are not light-houses existing; and also whether there are
any light houses at the ports already named.
I am assured that there is but one light-house upon the Pacific coast of
Mexico, and that that one belongs to the said steamship company.
Your obedient servant,
A.
Mr. Nelson to Mr.
Aspiroz
Legation of the United States,
Mexico, April 18, 1871.
Sir: The Pacific Mail Company’s steamer
Sacramento, having left San Francisco on the 4th of March last, touched
at Mazatlan on the 10th of the same month, laden with passengers and
merchandise, and was forced by the local authorities at that port to pay
$200 as light-house fees. These dues, I have been informed, were
abolished in 1860, and are not exacted either at Acapulco or Manzanillo;
the port regulations of April 22, 1851, being again in force since
January 30, 1860.
I respectfully request the department of foreign affairs to cause a
proper investigation to be made, and if the facts and law are correctly
stated, to require the said authorities at Mazatlan to make restitution
of the said amount to the agent of the said line of steamers, and to
prohibit similar illegal surprises in the future.
I have the honor to remain, with great respect, your obedient
servant,
C.
[Translation.]
Mr. Aspiroz to Mr. Nelson
Department of Foreign Affairs,
Mexico,
April 19, 1871.
Sir: I have received the note of yesterday, in
which your excellency is pleased to state that the steamer Sacramento,
belonging to the Pacific Mail Company, has been obliged
[Page 646]
at Mazatlan to pay $200 as light-house
dues, while your excellency is informed that such dues were abolished in
1860.
In accordance with your excellency’s request, I now address to the
treasury department a copy of it, calling for the necessary data upon
the two points embraced in the said note, in order to act with entire
prudence in taking the necessary measures.
I am, very respectfully, your excellency’s obedient servant,
E.
[Translation.]
Mr. Mariscal to Mr. Nelson
Department of Foreign Affairs,
Mexico, July 4, 1871.
Sir: In accordance with the promise made to
your excellency under date of the 19th of April last, a report was
requested from the treasury department as to the bond demanded from the
steamer Sacramento, at Mazatlan, for the payment of $200, as light-house
dues, whereas, according to information given your excellency, such dues
were abolished in 1860.
To-day the reply of the treasury department has been received, and I have
the honor to transmit a copy thereof to your excellency, and I hope
there will soon be received in this ministry the reports of the
custom-houses at Acapulco and Manzanillo, in order to communicate to
your excellency the decision of the government upon this point.
With the highest consideration; I repeat that I am your excellency’s very
obedient servant,
F.
[Translation.]
Mr. Romero to Minister of Foreign Affairs
Treasury Department, First
Section.
Sir: In order to meet the wishes of the
department under your charge, as made known in the communication
addressed me on the 19th of April last respecting the authority which
the custom-house at Mazatlan may have had for collecting light-house
dues from the steamer Sacramento, belonging to the Pacific Mail Company,
which is the subject of the note from the minister of the United States
sent me as an inclosure, it was necessary to call for a report from the
first section of this department, which has been given in the following
terms:
“The department of foreign affairs sends with the present communication a
note from the minister of the United States of America in Mexico,
stating that the steamer Sacramento, of the Pacific Mail Company, was
obliged, at Mazatlan, to pay $200 lighthouse dues, and alleges that such
dues were abolished in 1860, since which date the port regulations of
April 22, 1851, have been in force, for which reason the said dues have
not been collected either in Acapulco or in Manzanillo.
“The undersigned clerk would state that, in fact, the second article of
the decree of January 30, 1860, excepted from the payment of light-house
dues all vessels arriving at Mexican ports; but the tariff law of May
30, 1868, re-established the said lighthouse dues. The circular from the
war department dated August 12, 1868, transcribed by the treasury
department on the 25th of the same month, orders the observance, without
any change, of the provisions of the decree of January 30, 1860, in
respect to the collection and disbursement of pilotage dues, without
saying anything about lighthouse dues. The superior order of April 16,
1869, provides that the collection of lighthouse dues be made in
conformity with the decree of September 26, 1856, in respect to coasting
vessels, and puts in force the thirtieth article of the general customs
regulations.
“The circular of this department dated May 12, 1869, makes the proper
explanation concerning the real meaning of the circular from the war
department, by which it appears that the light-house dues are to be
paid, as having been re-established by the said tariff law.
[Page 647]
“As to the statement made by the American minister that the said dues are
not collected in Acapulco nor in Manzanillo, I would say that, inasmuch
as by the order from this department dated the 17th of August last, in
reply to various consultations made by the custom-houses at La Paz,
Guaymas, and Mazatlan, and to the petition of Messrs. Melchers, agents
of the North Pacific Steamship Transportation Company, it was ordered
that light-house dues be collected once only on each trip of the said
steamers, and at the first port entered by them, it is not improbable
that these custom-houses have ceased to collect them on account of proof
being offered of their having been previously paid elsewhere; and if
this should not be the case, it would signify that the employés at the
said ports have not obeyed the law.”
And the president being satisfied with the preceding report, I transmit
it to you for your guidance, adding that the custom-houses at Acapulco
and Manzanillo have been interrogated as to whether, in fact, they have
ceased to collect the said dues in all cases; and that the law of May
30, 1868, to which reference is made in the preceding report, says, in
the first paragraph of article 1, which designates the various component
parts of the tariff dues for that fiscal year, as follows: * * *
“Tonnage, light-house, and pilotage dues, $150,000.”
Independence and liberty!
Mexico, June 24, 1871.
ROMERO.
G.
Mr. Nelson to Mr.
Mariscal
Legation of the United States,
Mexico, July 10, 1871.
Sir: I have the honor to acknowledge the
receipt of your excellency’s note of the 4th instant, in respect to the
light-house dues paid by the steamer Sacramento at the port of Mazatlan,
in which your excellency incloses a copy of a report upon this subject
from the treasury department, to the effect that the said dues, though
abolished in 1860, were re-established in the tariff law of May 30,
1868. Your excellency adds that the receipt of reports from the
custom-houses at Acapulco and Manzanillo is awaited, in order that the
government may arrive at a final decision of the case.
Thanking your excellency for the pains taken to obtain the necessary
data, I would respectfully beg to be informed whether the tariff law of
1868 makes any discrimination between the ports where light-houses do or
do not exist; and if such be the case, to be further informed whether
any light-houses exist at the ports of La Paz, Guaymas, Mazatlan,
Manzanillo, and Acapulco.
I embrace this opportunity to again assure your excellency of the very
high consideration with which I have the honor to remain your
excellency’s obedient servant,
