No. 298.
Mr. Adee
to Mr. Hearts.
Legation of
the United States,
Madrid
,
July 18, 1877.
(Received August 2.)
No. 604.]
Sir: Referring to my No. 585, of the 22d ultimo, in
relation to the endeavor of the Rev. Mr. Cifré to introduce a consignment of
Bibles into Spain through the Barcelona custom-house, I have now the honor
to forward herewith copies of additional correspondence exchanged with
Consul Scheuch on the same subject.
It appearing that my letter of the 22d ultimo to Mr. Scheuch still left
uncertainty in his mind, as well as in M. Cifré’s, as to the nature and
purpose of the requisite “certificate of origin,” I deemed it best to
consult the chief of the copyright bureau of the ministry of fomento, with a
view to obtaining more precise information than I already possessed with
respect to that document. I was politely shown the usual documentation in
the case of importations of books from France and other European countries,
while the modus operandi for the introduction of
foreign printed matter into Spain was explained in detail.
The substance of the information I obtained will be found in my letter of
yesterday’s date to Consul Scheuch.
It has seemed to me thoroughly inexpedient to take any original action in
favor of the irregular admission of these books without positive
instructions from you. The mere circumstance that the volumes in question
are Bibles does not seem to me to be of itself sufficient to warrant
diplomatic application for their introduction into Spain without compliance
with Spanish law; in fact, the undesirableness of bringing a religious issue
into a question of custom-house rules is, I think, evident without argument.
It is not a point of liberty of worship which is involved, but one of the
formalities for the importation of merchandise under the laws of Spain. The
legation itself is obliged to conform to certain prescribed requirements
when it is desired to introduce private or official effects under a
recognized franchise, although not seldom at the cost of time and trouble,
and it is not easy to see why private individuals should not be in like
manner constrained to follow the regulations in force, however inconvenient
they may chance to be, so long as they have precise application to the case
in hand.
I have, &c.,
[Page 514]
[Inclosure A in No. 604.]
Consul Scheuch to
Mr. Adee.
United
States Consulate,
Barcelona
,
July 7, 1877.
(Received July 9, 1877.)
No. 108.]
Sir: I beg to acknowledge herewith the receipt
of your dispatches Nos. 93, 94, and 95, the latter dated the 22d
ultimo.
The contents of your No. 94, and relating to the consignment of Bibles
and Testaments from the American Bible Society to the Baptist mission
here, I made known to Mr. Cifré, and the latter gentleman immediately
repaired to his custom-house agents with the original “grant” of said
books to him by the publishers (the American Bible Society) duly signed
by the secretary of the society, requesting them to present it to the
administrator and receive the books. This morning Mr. Cifré informed me
that the administrator acknowledged to the agents the paper, but refused
to pass the books, remarking that he (the administrator) preferred to
hear from Mr. Silvela. As I have not addressed the collector since my
No. 106 to you, and not knowing whether he will confer with Mr. Silvela,
I now inclose to you herewith said paper from, the Bible society, which
certainly is a “certificate of origin.” Mr. Cifré is very anxious to
receive the books, and is only too willing to procure any papers
necessary to conform with the law, but it seems the administrator has
not given any advice to the agents as to the necessary steps to be taken
by them. Hoping you will excuse my long communication,
I have, &c.,
- FRED. H. SCHEUCH,
Consul.
- Hon. Augustus A. Adee,
United States Chargé d’Affaires,
Madrid.
The American Bible
Society to Mr. R. P.
Cifré.
American Bible Society,
Bible-House, Astor Place,
New
York
,
March 20,
1877.
[William H. Allen, LL. D., president; Rev. Joseph
Holdrich, D. D., Rev. Edward W. Gilman, Rev. Alexander McLean,
secretaries; Andrew L. Taylor, assistant treasurer; Caleb T. Rowe,
general agent.]
Dear Sir: I take pleasure in announcing that,
on the _____ of September, 1876, the board of managers granted to the
American Baptist Missionary Union, for sale and distribution under your
care, subject to the accompanying “regulations,” 50 Bibles, 75
Testaments and Psalms, 75 Testaments, 100 Portions, all in Spanish, in
all 300 volumes, , valued, with boxes, &c., at $98.35, as per
inclosed memorandum.
Praying that the Divine blessing may accompany this gift, and soliciting
your earnest co-operation with the society in its important labors to
supply the destitute with the word of God,
I remain, very truly, yours,
- EDWARD W. GILMAN,
Corresponding
Secretary.
- Rev. Ricardo P. Cifré,
Barcelona, Spain.
[Inclosure C in No. 604.]
Mr. Adee to Consul
Scheuch.
Legation of the United States,
Madrid
,
July 17,
1877
.
No. 96.]
Sir: In view of your No. 108, in relation to
Mr. Cifré’s importation of Bibles, I have consulted with tie proper
official of the ministry of fomento as to the necessary formalities for
the introduction of books into Spain when printed abroad in Spanish. The
usual course, as I am informed, is as follows: The publishers or
printers of the work to be introduced prepare a certificate, setting
forth their own right to publish the book and giving a full description
of it. This certificate is countersigned by the competent officer (who
in the present case would probably be the United States district
attorney [Page 515] for the southern
district of New York), to prove that the publication does not infringe
the copyright laws of the country where it is printed. His signature is,
in turn, legalized by the Spanish consul of the place. The document,
when so completed, is called the “certificate of origin.”
The person making the importation next addresses a petition, on stamped
paper, to the director-general of public instruction in Madrid, reciting
ownership of the books and soliciting permission to introduce them. This
petition is accompanied by a detailed note or memorandum of the books,
describing them fully, and also by the “certificate of origin,” as
explained above. On the petition being granted, publication of the fact
is made in the Gaceta, and, on the lapse of fifteen days thereafter, the
books may be entered in the usual way on payment of duties as
merchandise.
The requisites above described are explained in the twenty-fifth and
twenty-sixth notes of the last edition of the Spanish customs-tariff.
There being no special copyright treaty between the United States and
Spain, the form prescribed in the treaty with France need not be
literally followed, but it is necessary that the “certificate of origin”
should express the essential facts and be duly certified.
It is possible that an invoice with full description of each book
mentioned therein, properly legalized by the Spanish consul-general in
New York, would, under the circumstances, be accepted as a sufficient
basis for Mr. Cifré’s petition, but the document now sent does not
conform with Spanish law. It is merely a letter of advice, wholly
unauthenticated, and is, besides, insufficient in its statements and
descriptions.
That the books in question are Bibles and parts of Bibles is not a factor
in the problem. The formalities would be the same were they arithmetics
or novels; and, in either case, whether religious or not, the
administrator of customs has clearly no discretionary power to suspend
the regulations in their special behalf without the direct sanction of
his government. Request for such sanction, so far as this legation is
concerned, ought, in my judgment, not to be made, except in virtue of
specific instructions to that effect from the Department of State. I
have not, consequently, thought proper to address the Spanish Government
on the subject in the absence of such instructions, preferring to report
the matter to Washington for the information of the Secretary of State,
and for such action as he may see fit to order.
The letter from the American Bible Society to Mr. Cifré is herewith
returned.
I am, very respectfully, your obedient servant,
- A. AUGUSTUS ADEE,
United States
Chargé d’Affaires, ad interim.
-
Frederick H. Scheuch,
Esq.,
Consul of the United States,
Barcelona.
