Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1884

No. 342.
Mr. Foster to Mr. Frelinghuysen.

Legation of the United States,
Madrid, January 15, 1884. (Received February 2.)

No. 142.]

Sir: In transmitting the printed copy of the agreement of the 2d instant, as published, with my No. 138, of the 7th instant, I referred to the question which had arisen in the Ministry of State as to whether the third article would not require the approbation of the Cortes before being carried into effect. In a conversation which I had with the minister of state on the 9th instant, he informed me that it had been decided that as the consular tonnage fees were prescribed by a law of the Cortes, it would require the legislative authority to give validity to the stipulation of article 3. He said he would, therefore, without delay, submit this clause of the agreement to the Cortes for its approbation, and that he did not doubt that his Government would be able to carry out the entire agreement on the date specified. The other stipulations were fully embraced in the law of July 20, 1882 (see inclosure to Mr. Hamlin’s No. 74, of August 5, 1882), and would be carried into execution without the action of the Cortes. In conformity with the foregoing indication, on the 12th instant the Minister of State submitted to the chamber of deputies the royal decree, of which I inclose a copy and translation, reporting to that body the use which the Government had made of article 3 of the law of July 20, 1882, and soliciting its approbation of the abolition of consular tonnage fees contemplated in article 3 of the agreement.

While I cannot doubt the good intentions of the Spanish Government in regard to the exact execution of the agreement, in view of the fact that a change of ministry within a few days is imminent, I deem it proper to suggest that the issuance of the proclamation of the President for the suspension of the extra 10 per cent, ad valorem duties may be postponed, until I shall be advised of the time when the orders of the Spanish Government are to be published, which, on its part, carry the agreement into effect, in order that the respective publications may be as nearly concurrent as possible.

I am, &c.,

JOHN W. FOSTER.

[Inclosure in No. 142.—Translation.]

royal order.

In accordance with the judgment of my council of ministers, I have ordered my Minister of State to present to the Cortes a project of law asking the necessary authorization for the ratification of the commercial agreement between Spain and the United States of America, signed at Madrid on the 2d instant.

Given at Madrid the tenth of January, one thousand eight hundred and eighty-four.

ALFONSO.

The Minister of State,
Servando Ruiz Gomez.

To the Cortes:

The minister, undersigned, in presenting for the deliberation of the Cortes the agreement signed at Madrid on the 2d instant between the Governments of Spain and the United States of America, of which a copy is inclosed, submits to its high consideration the use which the Government of His Majesty has deemed proper to make of the authority conferred by article 3 of the law of July 20, 1882.

At the same time he esteems it necessary to resort to the body of the national representation and to solicit its approbation for the renunciation of the consular receipts which must take place in virtue of the suppression from the 1st March, 1884, of the mercantile tonnage fees on the cargoes of vessels leaving the ports of the United States for Cuba and Porto Rico, for which purpose he has the honor to propose for the approbation of the Cortes the following project of law:

Only Article. The Congress of Deputies approves the agreement signed at Madrid on the 2d day of the present month between the Governments of Spain and the United States of America.

The Minister of State,

SERVANDO RUIZ GOMEZ.

Palace, January 12, 1884.