No. 656.
Mr. Blaine
to Mr. Fairchild.
Department
of State,
Washington
,
November 2,
1881.
No. 195.]
Sir: I inclose a copy of a letter from Messrs.
Miller & Houghton, of 32 South street, New York, and a copy of a note
addressed to them on the 28th ultimo by the consul-general of Spain at New
York. It appears from the latter that the consulate-general there requires
payment of “10 cents for every 1,000 kilograms,” of the cargo of vessels
clearing for Spain, Cuba, and Porto Rico. A charge of this character you
will perceive comes within the description of charges amounting to the levy
of an export duty by Spain in the ports of the United States, such as
contemplated in the note of Mr. Cushing of May 25, 1876, to the minister of
state, communicated in his No. 963. In that note Mr. Cushing says:
But that which is above all things inadmissible is the number of
provisions [of the Spanish consular tariff] which, while not
connected with corresponding acts of the consul, are expressly
charges on cargo, equivalent to an attempt on the part of Spain to
levy an export duty on shipments in foreign ports, in violation of
the fundamental principles of public rights and of national
sovereignty.
So far as appears, the charge now sought to be enforced is more obnoxious to
the observations contained in Mr. Cushing’s note than the special charges
which were then being considered.
I address this instruction to you in connection with previous correspondence
on the general subject, referring for the present only to instruction No.
349 of the 11th April, 1876, and in case you shall not find it advisable to
present the matter to the attention of the minister of state at once, I will
thank you to call Mr. Hamlin’s particular notice to this communication on
his arrival at Madrid, to the end that he may, on familiarizing himself with
the correspondence on the subject, make such representations as may appear
to him proper.
I am, &c.,
[Inclosure in No. 195.]
Messrs. Miller &
Houghton to Mr. Blaine
.
New
York
,
October 29,
1881. (Received October 31.)
Sir: Without any special notice from the consul
of Spain, we see the annexed notice printed in the Journal of Commerce
of this city, and would respectfully ask what charges the Spanish consul
can properly impose upon American vessels before giving them a clearance
from his office after the ship has been regularly cleared from the
custom-house here for any of the Spanish colonies.
In addition to the charges heretofore made by the consul, it seems that
he proposes to charge hereafter to the ship 10
cents per 1,000 kilograms on all the cargo carried—no matter to whom it
belongs—before granting his clearance papers. Can he properly detain the
ship here for the payment of the charges on the cargo, when the real interests of the ship and of the cargo
are so entirely separate that the master cannot positively know of the
weight or measurement of the cargo?
The cost heretofore of consul’s clearance for Spanish colonies has been
as follows:
| Bill of health |
$4 00 |
| Visé of three manifests, $5 each |
15 00 |
| Certificates of crew and passenger lists |
4 00 |
| Making the consul’s total cost of clearance |
23 00 |
[Page 1065]
But it cannot be calculated until the vessels are completely loaded what
the Spanish consul’s charges may be on the cargoes under the new rule (a
copy of which, over the consul-general’s signature, we inclose
herewith).
Very respectfully,
[Appendix 1 to inclosure in
195.]
Spanish Consulate-General.
By orders received from Madrid, on and after October 31, vessels going to
Cuba and Porto Rico will pay in this office the same clearance fees as
vessels bound for Spain.
New York, October 24,
1881.
HIPOLITO de URIARTE,
Consul-General.
[Appendix 2 to inclosure in
195.]
Mr. De Uriarte to
Messrs. Miller &
Houghton
.
New
York
,
October 28,
1881.
Gentlemen: In answer to your inquiry by letter
of the 27th instant, I beg to say that, in conformity with orders
received from Madrid, vessels bound for Spain, Cuba, and Puerto Rico
will pay in this office, from the 31st instant, the following clearance
fees:
| For the manifest |
$6 00 |
| For bill of health |
4 00 |
| For crew list |
4 00 |
| For cargo, 10 cents for every 1,000 kilograms. |
|
Very respectfully, yours,
H. de URIARTE,
Consul-General of Spain.
