No. 505.
Mr. Hunter to Mr. Foster.

No. 74.]

Sir: Referring to instructions to your legation of the 14th April and the 23d June last, in regard to the unwarrantable charges made by Spanish consuls here as fees, I have to inclose a copy of a letter of Messrs. McGrew & Small, of this city, and of protests, which they send herewith, of Joseph Johnson and Joseph Thompson, masters of American schooner Mira A. Pratt, against export fees exacted of them by A. Bermudez, Spanish consul at Key West, Fla., on her cargoes of cattle shipped from that port to Havana on the 30th of April and 14th of May, 1883, and of the other papers mentioned in their letter.

Submitting the case for pertinent action,

I am, &c.,

W. HUNTER,
Acting Secretary.
[Inclosure in No. 74.]

McGrew & Small to Mr. Frelinghuysen.

Sir: Inclosed please find protests of Joseph Johnson and Joseph Thompson, masters of American schooner Mira A. Pratt, against export fees exacted of them by Augusto Bermudez, Spanish consul at Key West, Fla., on two cargoes of cattle shipped from that port to. Havana, Cuba, on the 30th of April and 14th of May, 1883, respectively.

We also inclose a letter from our correspondent, Mr. James McKay, in explanation of said protests, and a copy of receipt given by Consul Bermudez for $199.20 consular fees on 498 head of cattle shipped on the steamer Alabama on the 8th of May, 1883

[Page 792]

Be pleased to acknowledge receipt of these papers, and to advise us whether any progress has been made towards settlement from the Spanish Government for the excessive export fees charged by their Key West consul.

We have, &c.,

McGREW & SMALL.

United States of America,
State of Florida, County of Monroe, City of Key West:

On this 30th day of April, 1883, personally came and appeared and presented himself before me, W. J. H. Taylor, a notary public in and for the county of Monroe and State of Florida, Joseph Johnson, master of the American schooner Mira A. Pratt, bound on a voyage from this port of Key West, to Havana, Cuba, having a cargo of 207 head of cattle; that on this day he applied to Augusto Bermudez, consul of Spain resident at this port, to visé his clearance procured from the custom-house of this port, and was required by said consul of Spain to pay in addition to the usual fees of his office, the sum of 40 cents on each head of cattle on board said schooner, thus exacting the sum of $82.80 export fees on said cargo of cattle.

Whereupon he, the said Joseph Johnson, master aforesaid, being a citizen of the United States, hereby enters his protest against the payment of the aforesaid sum of $82.80, which he has paid as aforesaid, as being unwarranted by the power of any foreign Government to impose an export duty upon the products or industries of the enterprise of a citizen of the United States.

In testimony whereof the said Joseph Johnson has hereunto subscribed his name, and I, the said notary, have to these presents set my hand and seal the day of the date first above written.

JOSEPH JOHNSON
,
Master.

W. J. H. TAYLOR
,
Notary Public.

I hereby certify that the above is a true copy of an original protest on record in my office.

[seal.]
W. J. H. TAYLOR,
Notary Public.

United States of America,
State of Florida, County of Monroe, City of Key West:

On this 14th day of May, 1883, personally came and appeared and presented himself before me, W. J. H. Taylor, a notary public in and for the county of Monroe and State of Florida, Joseph Thompson, master of the American schooner Mira A. Pratt, bound on a voyage from this port of Key West, Fla., to Havana, Cuba, having a cargo of 214 head of cattle; that on this day he applied to Augusto Bermudez, consul of Spain resident at this port, to visé his clearance procured from the customhouse of this port, and was required by said consul of Spain to pay, in addition to the usual fees of his office, the sum of 40 cents on each head of cattle on board said schooner; thus exacting the sum of $85.60 export fees on said cargo of cattle.

Whereupon he, the said Joseph Thompson, master aforesaid, being a citizen of the United States, hereby enters his protest against the payment of the aforesaid sum of $85.60, which he has paid as aforesaid, as being unwarranted by the power of any foreign Government to impose an export duty upon the products or industries of the enterprise of a citizen of the United States.

In testimony whereof the said Joseph Thompson has hereunto subscribed his name, and I, the said notary, have to these presents set my hand and seal the day of the date first above written.

JOSEPH THOMPSON
,
Master.

W. J. H. TAYLOR
,
Notary Public.

I hereby certify that the above is a true copy of an original protest on record in my office.

[ seal.]
W. J. H. TAYLOR,
Notary Public.
[Page 793]

Dear Sir: Yours with copies of protests came to hand. They are right. Captain Johnson was in command of the schooner Pratt the first trip and Captain Thompson the second trip. Johnson went in command the second trip. I inclose a copy of the receipt given for the fees collected this year. I certainly think it is time the Department was doing something if they ever intended doing anything.

Yours, truly,

JAMES McKAY.

Received from Mr. John Jay Philbrick the sum of $199.20, amount of consular fees on 498 cattle shipped this day per Havana on the American steamer Alabama, said sum to remain in deposit at this consulate till further orders from the Spanish Government.


AUGUSTO BERMUDEZ,
Consul for Spain.