No. 235.
Mr. Moran
to Mr. Fish.
Legation of
the United States,
Lisbon, October 28, 1876.
(Received November 16.)
No. 95.]
Sir: In December, 1874, the civil governor and
other local authorities of Ponta Delgada, in the island of St. Michaels, in
the Azores,
[Page 436]
demanded of and
received from Mr. Ivens, the United States consular agent at that place,
16,200 reis in insular money for passports for nine destitute American
seamen, which sum was disallowed in his accounts by the Treasury of the
United States, on the just ground that charges for such passports could not
be exacted from American citizens by foreign governments. I thought the case
one deserving my attention, and having made sure of the facts in this
instance of unjust exaction, and learned from Mr. Diman that no such charges
have ever been made at this port, for the reason that the laws of Portugal
provide such safe-conducts—passports or permits of embarkation can be
furnished to destitute persons free of charge—I brought the case to Mr.
Corvo’s attention. He has replied that orders for restitution of the money
have been given, and I have expressed to him my satisfaction at this
action.
As my note of the 15th June, to Mr. Corvo, contains the substance of Mr.
Dabney’s reports to me of the case, I forward copies of that note and
subsequent correspondence herewith, for the information of the
Department.
I am, &c. &c.,
[Inclosure 1 in No. 95.]
Mr. Moran to Mr.
Corvo.
Legation of the United States,
Lisbon, June 15,
1876.
Sir: I have the honor to bring to your
excellency’s notice the fact that in December, 1874, the civil governor
of St. Michaels, in the Azores, demanded of and received from Mr. Ivens,
the United States consular agent at that place, the sum of $13.50 United
States gold currency, equal to 16,200 reis in insular money, for
passports for nine destitute American seamen who were sent at that time
from that port to Boston in the Portuguese bark “Amisade,” Captain
Francisco José de Mello.
This item of expense was duly reported to the Government at Washington,
in Mr. Ivens’s accounts, for aid to distressed American seamen in his
district, but the Government disallowed the sum on the ground that no
foreign government can rightfully require and charge for passports for
distressed American seamen returning to the United States.
I am informed that at the port of Fayal, in the Azores, and also at
Lisbon, whence thousands of “consul’s men” have been sent to their
homes, no such charge has ever been made, for the reason that the law
provides that safe-conducts of embarkation can be furnished to destitute
persons free of charge. And this provision is both humane and just. It
is to be found in article 3, section 2, of the general regulations of
police, and is as follows: “For the ‘visé’ of a passport, as well as for
the grant of the safe-conduct, travelers shall pay the sum mentioned in
the table accompanying these regulations; excepting,
however, destitute persons and mendicants.
As the practice of exacting such fees does not prevail in Lisbon or other
ports of His Most Faithful Majesty’s dominions, both continental and
ultramarine, I therefore have respectfully to request that His Majesty’s
government may be pleased to institute inquiries into this case, and if
it be found as represented, that his excellency the civil governor of
St. Michaels may be instructed to make restitution to Mr. Ivens of the
16,200 reis paid as above described, and be also requested not to insist
upon the collection of such fees on account of distressed American
seamen.
The practice of His Majesty’s government in other ports in similar cases
leads me to the conclusion that the civil governor of St. Michaels acted
from a misapprehension in this instance; as I cannot for a moment
believe that His Most Faithful Majesty’s government would authorize the
demand of fees of the kind from distressed foreign seamen, who by wreck
or otherwise may have been cast upon its shores destitute.
I regret the necessity which compels me to bring this case before your
excellency, but as it unfortunately happens that not a few destitute
American seamen are thrown upon Portuguese shores, a repetition of such
demands must necessarily lead to a heavy tax upon consuls, and put both
consuls and seamen to great inconvenience. It has been shown above that
the laws of Portugal discountenance the collection of fees in such
cases, and in view of the known humanity and justice of His Majesty’s
government, I
[Page 437]
am confident
that if the facts of this case shall he found to be as I have stated
them, a result about which I entertain no doubt, my requests in the
premises, that the fees exacted of Mr. Ivens may be returned, and the
charge for such permits to be discontinued in St. Michaels, will meet
with prompt and ready compliance.
I avail myself of this occasion to renew to your excellency the
assurances of my highest consideration.
His Excellency João de Andrade
Corvo,
&c., &c.,
&c.
[Inclosure 2 in No.
95.—Translation.]
Mr. Corvo to Mr.
Diman.
ministry of foreign affairs—political
bureau.
In answer to the note which Mr. Benjamin Moran addressed me on the 15th
June last, desiring the re-imbursement of a sum of money which had been
unduly paid to the civil governor at Ponta Delgada as fees and stamps
for nine passports conferred on indigents, I beg to inform your
excellency that the minister of the kingdom has communicated with me to
that effect on the 21st instant.
His excellency informs me that the civil governor of that district, who
was questioned on the subject, regrets in his answer this error, due no
doubt to the fact that the consular agent had not declared, when
demanding the passports, the state of poverty of the American citizens
to whom they were destined, which was since asserted.
The minister of the kingdom states, moreover, that the above-mentioned
civil governor is prepared to reimburse the amount of the said fees,
(7,200 reis insular money,) and that on the same day he notified the
minister of finance that the delegate of the treasury should be
instructed to make restitution of the stamp money, amounting to 9,045
reis.
God keep your excellency.
Foreign Office, 29 July, 1876.
JOÁO DE ANDRADE CORVO.
H. W. Diman, Esq.,
&c., &c., &c.
[Inclosure 3 in No. 95.]
Mr. Moran to Mr.
Corvo.
Legation of the United States,
Lisbon, October 27,
1876.
Sir: Referring to my note of the 15th of June
last, relative to the collection of fees from the United States consular
agent by the civil governor of Ponta Delegada for passports for nine
destitute American seamen, and to your excellency’s reply to Mr. Diman
of the 29th of July, informing this legation that the fees had been
exacted through a misunderstanding of the facts of the case, and that
instructions had been given to re-imburse the amount of the said fees, I
have to express my satisfaction with this action of His Most Faithful
Majesty’s government, and shall have pleasure in forwarding copies of
the correspondence in the case to Washington for the information of my
Government.
Renewing the assurances of my highest consideration, I have the honor to
be your excellency’s most obedient servant,
His Excellency João de Andrade
Corvo,
&c., &c.,
&c.
