No. 287.
Mr. Hamlin
to Mr. Frelinghuysen.
Legation of
the United States,
Madrid, June 6, 1882.
(Received June 26.)
No. 52.]
Sir: Referring to previous dispatches, and
particularly to my No. 41, relating to the charge made by Spanish consuls in
ports of the United States of ten cents per ton on the cargoes of vessels
clearing for Spanish ports, I now have the honor to inclose herewith, for
your further information, a copy of a note upon the subject, dated the 29th
ultimo, from the minister of state. It will be observed that the note of the
minister of state does not answer the question at issue. It merely states
that the charge which has been in force since 1874, in so far as vessels
clearing for the ports of the peninsula are concerned, is now being exacted,
in accordance with article 53 of the tariff, of vessels clearing for the
Spanish provincial ports, and that as the matter treats of the receipts of
the public treasury, no modification in regard thereto can be made without
being previously sanctioned by law.
It is presumed that this charge upon the cargoes of American vessels clearing
for peninsular ports may have been made, as stated, by his excellency, but
the commerce directly with Spain has been so limited that it escaped
attention, admitting the fact to be as stated. But now, when the attention
of the Spanish Government is called to what is the character of this
consular fee, and that it is in substance a tonnage duty, and equivalent to
a revenue measure, its reply is that it is now applying the same rules in
its provinces that have been in force in Spain since 1874. That surely is
not an answer to the point in issue. The exorbitant consular fees complained
of in 1876 were abolished by law. It would seem that a just solution of the
present difficulty should be made in the same manner.
I await such further instructions as you shall be pleased to give me.
I inclose herewith also a copy of my note to his excellency the minister of
state, acknowledging the receipt of his note to me of the 29th ultimo.
I have, &c.,
[Inclosure 1 in No.
52.—Translation.]
The Marquis de la Vega de
Armijo to Mr. Hamlin.
Ministry of State,
Madrid, May 29,
1882.
Sir: I have had the honor to receive the notes
which your excellency was pleased to address me, dated January 7, and
February 17, ultimo, in which, in consequence of instructions from your
government, and on the application of some American merchant houses, you
protest against the measures adopted in the Spanish consulates
established in the United States, exacting, after the 31st October
ultimo, from vessels sailing for the provinces of ultramar, the same
consular duties as those levied upon vessels clearing for the ports of
the peninsula.
In support of said claim your excellency refers to what took place in the
year 1876, when the duties mentioned in articles 48, 49, 50, and 51 of
said tariff were abolished; but I must inform you that that suppression
was adopted in accordance with article 16 of the law of budgets
[presupuestos] of 2d July, 1876, because, it treating of a sum covered
into the treasury, the government of the King, my august sovereign, did
not find itself authorized to adopt resolutions of that nature without
the previous authorization of Congress.
In the place of said articles it was established that for the examination
of each invoice which the shippers must deliver to be included in the
manifest which the captains at the port of destination present in the
administration of customs, they will
[Page 474]
pay 25 or 50 centimes, according to the port from
whence they come, for each ton of 1,000 kilograms or a fraction of a
ton, which charge has been paid since said year of 1876 without giving
rise to any claim from foreign governments.
This charge, which in either the one or other form mentioned, has been in
force since the year 1874 without any interruption, has not applied to
the navigation in the provinces of ultramar, because article 52 of the
tariff fixed the duty which must be paid to countersign the documents
exhibiting the cargo of the vessel (sobordo) which was the special
document demanded by the regulations of said provinces for the clearance
of the merchandise; but it was provided by article 53 that if, in
consequence of a reform in the system of carrying out the same
(“fiscalizacion en ellas”), the charge by consuls for countersigning the
documents exhibiting the cargo of the vessel (sobordos), should be no
longer exacted, foreign and Spanish vessels shall then be subjeet to the
regulations established for the ports of Spain. This case occurred when
the ministry of ultramar published the customs and tariff regulations
for the Islands of Cuba and Porto Rico, in which the documents
exhibiting the cargo of the vessel (sobordos) are abolished, and
provided that the manifests presented shall be made out in the same
manner as those for the peninsula.
Your excellency will observe, therefore, that the question at issue is
not a new tax, but only one already anticipated in the regulations
establishing a perfect equality in regard to the payment of duties for
all merchandise imported into Spain and its provinces of ultramar. I
must further say that Spanish vessels are not only subject to its
payment, but that they also have to pay an additional tonnage duty from
which foreign vessels are exempt; and if Spain should reform its
regulations increasing, for instance, the charge for countersigning
invoices, as other nations do, it is obvious that commerce would have to
pay more than it pays at the present time. In view of these reasons I
flatter myself that your excellency will see that I am unable to accede
to your desire, the more so as the modification in the collection of all
taxes which form part of the receipts of the public treasury, cannot be
attempted without having been previously sanctioned by law.
I avail myself, &c.,
The Marquis DE LA VEGA DE ARMIJO.
[Inclosure 2 in No. 52]
Mr. Hamlin to the
Marquis de la Vega de
Armijo.
Legation of the United States,
Madrid, June 6,
1882.
Excellency: I have the honor to acknowledge the
reception of the note which your excellency was good enough to address
me on the 29th ultimo, in answer to mine of the 7th of January and that
of the 17th February last, relating to the charge of ten cents per ton
exacted by consuls of Spain in the United States, on the cargoes of
vessels clearing for Spanish ports.
In informing your excellency that I have transmitted a copy of the note
to Washington for the information of my government,
I gladly avail myself, &c.,