No. 354.
Mr. Foster
to Mr. Frelinghuysen.
Legation of
the United States,
Madrid
,
April 4, 1884.
(Received April 21.)
No. 201.]
Sir: It will be seen by the inclosures herewith
that steps have at last been taken by the Spanish Government to carry out
the long-promised reform in its consular tariff. A commission has been
appointed by royal decree to revise the existing consular tariffs with a
view to the submission of the projected reform to the Cortes for its
approbation.
The minister of state in his “exposition” refers, among other reasons for the
revision, to the international engagements recently contracted, doubtless
having in mind the additional article of our agreement of February 13 last,
respecting the abolition of consular tonnage dues for the West India
Islands. I have not omitted the opportunity, afforded by the publication of
the royal decree nominating the commission, to bring to his attention the
remonstrances of our Government against these tonnage dues. In my note of
the 2d instant, of which a copy is inclosed, I have recited the
correspondence of this legation on the subject, and have asked the Minister
of State to bring this correspondence to the notice of the commission with
such favorable recommendation as will secure the abolition of the
objectionable dues for the entire commerce between the United States and
Spain.
I propose, also, as far as I can, to secure the co-operation of my diplomatic
[Page 489] colleagues of the leading
commercial nations by notes of similar purport as the one I have sent to the
Minister of State. The representatives of Great Britain and of other
Governments have already signified to me their intention to follow my
action.
I am, &c.,
[Inclosure 1 in No.
201.—Translation.]
[From the Gaceta de Madrid, March 28, 1884.]
ministry of state exposition.
Señor: On the 15th June, 1874, the consular
tariffs were revised with an object to regulate and make uniform on
equitable bases the collection of the obventional fees received by the
agents of Spain in foreign countries on account of the numerous acts of
their official duties, providing at the same time that the special
services which they render may be justly recompensed by the persons
soliciting them.
The well known and constant spread which mercantile transactions have
acquired since then, the reforms introduced in the public
administration, and even the indications of opinion, now advise that all
possible facility be given to trade, modifying the orders and the
application of regulations little justified, and harmonizing the
consular tariff with the international compromises recently contracted,
without on this account leaving unprovided for the legitimate
remuneration of the guarantee which the intervention of consular agents
offers to commerce in its lucrative operations.
In order to prepare this work with indispensable care and attention, so
as to present it to the approbation of the Cortes, the undersigned
minister believes the nomination of a commission composed of
functionaries of recognized competency is necessary, which may in a
brief time carefully examine the points which ought to be reformed, fix
with clearness the articles of the tariff, with the object of preventing
doubtful interpretations, and draw up the project of the new consular
tariff, endeavoring to satisfy the legitimate aspirations of commerce
without impairing the interests of the state.
Founded on these reasons the undersigned minister has the honor to submit
to the approbation of Your Majesty the following project of decree.
Madrid, March 27,
1884.
JOSÉ ELDUAYEN.
royal decree.
Taking into consideration the reasons exposed to me by my Minister of
State, in accord with the opinion of the council of ministers, I
decree the following:
-
Article 1. The nomination of a
commission composed of the chiefs of the section of
administration and commerce, of the ministry of state, of
the directors-general of customs and of taxes (“impuestos”),
of the ministry of finance, and of two officials of the
consular corps, the most recent appointee performing the
duties of secretary, is approved, in order to proceed to the
revision of the present consular tariffs.
-
Art. 2. The Minister of State is
authorized to attach to said commission one or more
merchants, or persons who may possess recognized competency
in the matter, in order that they may illustrate, with their
practical knowledge, the resolutions adopted.
-
Art. 3. The commission will
endeavor to report its work within a brief time, and will
conform itself in the fulfillment of its charge to the
regulations, which will be previously dictated for the
arrangement of this question.
Given at the palace on the 27th of March,
1884.
- ALFONSO.
- The Minister of State,
José
Elduayen.
Ministry of State, Office of
Undersecretary.
In compliance with the provisions of the royal decree of the 27th
March, 1884, creating a commission for the revision of the
present consular tariffs, His Majesty the King (whom God guard)
has been pleased to nominate on the same date, to form part of
the said commission Don Jacobo Prendergast y Gordon, Don Isidore
Millas, Don Placido de José y Hevia, Viscount de Campo Grande,
Don Rafael Atard, Don Balbino Cortes y Morales, consul-general,
pensioned, and Don Antonio Vazquez y Lopez, consul of the second
class, retired, who will perform the duties of secretary.
[Page 490]
[Inclosure 2 in No. 201.]
Mr. Foster to Mr.
Elduayen.
Legation of the United States,
Madrid
,
April 2,
1884.
Excellency: I have been greatly gratified to
notice the enlightened exposition which your excellency addressed to His
Catholic Majesty on the 27th ultimo and the royal decree of the same
date, providing for the appointment of a commission to revise the
existing Spanish consular tariff and to have it conform to existing
international compromises and the freedom of commercial intercourse with
other nations. I trust I am not mistaken in the conviction I entertain
that in the appointment of this commission your excellency had in view,
among other reforms, the abolition of the tonnage dues levied and
collected by Spanish consuls on cargoes of vessels in the ports of the
United States and other nations.
I need not remind your excellency of the attitude assumed by my
Government on this subject, but I beg to suggest that the attention of
said commission may be directed to the correspondence which has passed
between this legation and your excellency’s department, and especially
to the notes of this legation of January 7, 1882, July 16, 1883, and
January 22 of the present year. The last of these notes contains a
recapitulation of the views of my Government, showing that it is
virtually an export to, levied and collected by
Spanish consuls in the ports of the United States, and that as all
export taxes are prohibited by the Constitution of the United States, it
is an exaction of duties in which it is not possible for my Government
to acquiesce. In view of the fact that your excellency, with a
commendable spirit of commercial freedom, has already agreed with me, by
virtue of the agreement of February 13 last, to ask the Cortes to
authorize the abolition of this duty so far as trade with Cuba and Porto
Rico is concerned, I do not doubt that it will be decided by said
commission to extend the abolition to the entire commerce between the
United States and Spain.
Confident that your excellency will submit this subject with such
favorable recommendation to the attention of the commission referred to
as will secure an entire abolition of these objectionable dues,
I have, &c.
