No. 287.
Mr. Hamlin to Mr. Frelinghuysen.

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.,

HANNIBAL HAMLIN.
[Inclosure 1 in No. 52.—Translation.]

The Marquis de la Vega de Armijo to Mr. Hamlin.

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.

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.,

HANNIBAL HAMLIN.