No. 281.
Mr. Frelinghuysen to Mr. Reed.

No. 49.]

Sir: I inclose a copy of a memorial addressed to the Hon. Charles W. Jones, Senator from Florida, by Messrs. Fogarty and Johnson, of Key West, concerning an order of the Governor-General of Cuba, imposing a duty of 75/1000 of an escudo on each kilogram of live fish imported into that island in foreign bottoms from and after April 1 next; also, of other papers therewith. The representations of the memorial, showing the commercial reasons why such a tax should not be required, will commend themselves, it is thought, to the consideration of His Majesty’s Government, and it is left to the legation to present the matter according to its best judgment, to the end the discriminating tax may be removed.

I am, &c.,

FRED’K T. FRELINGHUYSEN.
[Inclosure 1 in No. 49.]

Messrs. Fogarty and Johnson to Mr. Jones.

Sir: Feeling the deep interest you take in the welfare and protection of every citizen of Florida, we take the liberty of inclosing a memorial to the Hon. F. T. Frelinghuysen, Secretary of State and very earnestly request that you will present the same in person, and use your kind offices in furthering the purposes of said memorial.

The Spanish smacks owned by Antonio Quintana Lopez, whose name appears in the memorial, take nothing but foreign fish caught on the coast of Mexico, but these Spanish smacks, in leaving Havana, do not clear for Mexico, but simply clear coastwise for Cape San Antonio, so as to make it appear that their cargoes are caught on the coast of Cuba, when in reality they do not catch a solitary fish on the Cuba coast. They do this for the purpose of avoiding tonnage dues, as Spanish vessels coasting pay very light dues, and this order, now about to be enforced, imposing nearly one and three-quarter cents per pound duty on live fish, in addition to the enormous port [Page 465] charges already charged American smacks or fishing vessels, is due solely in the interest of Antonio Quintana Lopez and his associates, who wish to monopolize the fish business at the ports of Cuba, and promises to ruin a business for us at this port that has existed for forty-five years, employing from sixteen to twenty-five vessels, ranging from thirty-two to forty-eight tons each, and about one hundred and fifty men on an average.

For what purpose is this tax to be imposed? Surely not for the benefit of the Spanish Government, as it will compel the American smacks to keep away from Havana, thereby not only losing the proposed duty, but also losing large sums in port charges that are now being paid daily, we might say, to the Spanish Government by our smacks, and it would also increase the price of fish to an enormous figure in the Havana markets, as most of the fish consumed there are caught on our coast by our vessels; and if we are driven off by high duties and tonnage dues it will leave their markets in the hands of monopolists, thereby placing the price of fish so high as to be beyond the reach of the poorer classes of their people, and it is their principal article of food. And we think if you will kindly act with the honorable Secretary of State, in calling this matter to the attention of the Spanish minister at Washington, he will have it corrected by his home government. And, on the other hand, if the Spanish Government can insist on their proposed course, it will ruin the fishing business at this port, which, we assure you, is no small item, and would cripple the industry of this port very much.

The crews of our fishing vessels are composed principally of former Spanish subjects (natives of the Canary Islands), and many of them still claim allegiance to the crown of Spain. These men exist solely by fishing on our coast in our own vessels, and not infrequently visit their friends in the Canary Islands, and carry with them the money earned while engaged on our coast, which contributes not a little to the support of their families. You will doubtless observe that our memorial is not only signed by persons engaged in the fishing business, but by every business man on our island, showing it to be a matter of interest to all.

Thanking you in advance for the support we are sure to receive from you, we are,

Respectfully Yours,

FOGARTY & JOHNSON.
[Inclosure 2 in No. 49.—Memorial.]

To the honorable Frederick. T. Frelinghuysen, Secretary of State:

Your memorialists, American citizens resident in Key West, Fla., and owners, masters, and mariners of American vessels engaged in catching live fish for the Havana market, would respectfully represent:

That the business in which they are engaged is one which has been carried on for over forty-five years, during which time live fish have been admitted into the port of Havana free of duty.

That there are also a number of Spanish fishing-smacks engaged in catching live fish for the same market, which catch their fish on the Mexican coast, and in other than Cuban waters.

That several of these Spanish smacks are owned by Don Antonio Q. Lopez, whose name appears hereinafter.

That the Governor-General of Cuba has, by an order published in Le Voz de Cuba, of the issue of February 18, 1882, published at Havana, Cuba, a translation of which order is hereto annexed, directed, “That from and after the first day of April proximo live fish imported into the Island of Cuba in foreign bottoms shall pay a duty of 75/1000 of an escudo on each kilogram.”

That this rate is equal to $1.72½ on each quintal of one hundred pounds.

That this demand is not a duty upon the importation of a foreign product, but is a discrimination against American vessels carrying into Cuba an article which is not the product of any country, and is in the direct interest of Spanish vessel owners engaged in the business of catching live fish.

Wherefore your memorialists beseech your attention to the premises, and your offices to afford us such relief as may be obtained by the abrogation, rescinding, or amending said order, or as may be in your power to afford.

Your memorialists would also represent that while Spanish vessels entering United States ports are only required to pay a tonnage fee of thirty cents per ton, and that only once for the term of one year, American smacks and vessels entering Havana are compelled to pay tonnage dues of about $1.30 per ton, and this every time they enter the port, which will average for the said smacks twelve trips a year; and thus American vessels entering Havana are compelled to pay tonnage dues over four times as large as Spanish vessels pay upon entering American ports, and the aforesaid smacks during one year pay forty-eight times as much as similar Spanish vessels would pay entering American ports the same number of times.

[Page 466]

That, in addition to the above tonnage dues, our vessels are compelled to pay other port charges in Havana, amounting to from $32 to $40 in gold, each and every trip made, as will appear from copies of itemized expenses hereto attached.

All of which appears to your memorialists as contrary to the commercial agreements between the United States and Spain, and deserving relief, which your honor is prayed to obtain in their behalf.

[Translation of order of February 18, 1882.].

His excellency the Governor-General, in compliance with the notice contained in the royal order of the 22d of November, 1880, occasioned by representations incited by Don Antonio Quintana Lopez, respecting the importation of live fish in foreign bottoms, and in accordance with the judgment of the Royal Commission on the tariff, at a meeting held on the 30th day of November last, has been pleased to order:

That from and after the first day of April proximo live fish imported into the Island of Cuba in foreign bottom shall pay a duty of 75/1000 of an escudo on each kilogram.

(This order is published in Le Voz de Cuba, of the 18th of February, 1882, published in Havana.)

American schooner Belief to Manuel Suarez, Dr.

Tonnage dues $42 15
Dispatching from customhouse 16 00
Pilotage 9 34
Interpreter. 4 00
Consul’s fee 2 20
Copying manifest in Spanish 3 00
Commission 7 00
In gold $83 69

MANUEL SUAREZ
,
Consignee.

The above-named vessel is only 32.43 American tons, pays the above amount every trip to any port in Cuba, and makes about twelve trips per annum.

FOGARTY & JOHNSON
,
Owners

American schooner Cuba to Manuel Suarez, Dr.

Tonnage dues $58 35
Dispatching from custom-house 16 00
Pilotage 9 34
Interpreter. 4 00
Consul’s fees 2 20
Making copy of manifest in Spanish 3 00
Commission 7 00
In gold $99 89

MANUEL SUAREZ
,
Consignee.

The above-named vessel is only 44.89 American tons, and pays the above amount every trip;

FOGARTY & JOHNSON
,
Owners.

American schooner Riverside to Manuel Suarez, Dr.

Tonnage dues $60 25
Dispatching from custom-house 16 00
Pilotage 9 34
Interpreter 4 00
Consul’s fee 7 10
Making manifest in Spanish 2 50
Commission 7 00
In gold $106 19

MANUEL SUAREZ
,
Consignee.
[Page 467]

The above-named vessel is 46.26 American tons, and pays the above amount of expense every trip to Havana, and makes about twelve trips a year.

FOGARTY & JOHNSON
,
Agents.

Fogarty and Johnson, owners of schooners Relief and Cuba, and agents for schooner Riverside, Samuel Filer, schooner Ellen E. Filer, and one hundred and twelve other merchants.