Legation of
the United States,
Madrid, June 19, 1885.
(Received July 6.)
No. 327.]
[Inclosure in No. 327.]
Mr. Foster to Mr.
Elduayen.
Legation of the United States,
Madrid, June 17,
1885.
Excellency: Under date of December 10 last this
legation sent a note to your excellency asking exemption from duties
which had been imposed on certain shipments from Havana, Cuba, of old or
scrap iron and other metals, made by the American citizen Mr. F. B.
Hamel, and imported at Barcelona. Your excellency was kind enough to
refer that note to the minister of finance. I have since learned that
the customhouse of Barcelona had been instructed to collect and had
exacted the full duties on said shipments, the agents of the owner and
the United States consul protesting against the payment thereof. The
attention of the minister of finance having been personally called to
the subject, your worthy colleague was so kind as to assure the chargé
d’affaires of this legation that he would make a new examination of the
subject, with a view, if possible, of ordering the return to Mr. Hamel
of the duties paid by him under protest.
Meanwhile, the attention of my Government having been called to the
exaction of the duties at Barcelona, upon a further examination of the
case, with new facts furnished by the consul-general at Havana and by
Mr. Hamel, the Secretary of State has instructed me to again bring the
subject officially to the attention of your excellency’s Government and
ask for a revision of the case. To aid in this examination I inclose
herewith a copy of a communication, and papers attached thereto, from
the consul-general, showing that the articles in question had paid
duties in Cuba, and that the owner had acted in good faith, and was
regularly engaged as a junk dealer and not in importing the articles. In
view of these facts, and of those submitted with the note of this
legation of December 10 last, my Government thinks the articles ought to
be considered as products of Cuba and so treated by the custom-house at
Barcelona.
I also inclose a letter from Mr. John B. Hamel, of Philadelphia, showing
the hardship of the duties collected under the circumstances, and
suggesting that if it is not possible to obtain a return of all the
duties paid, that the Spanish Government at the most should not collect
more duty than that levied on old iron, &c., assessed previous to
the decree of June 30, 1882, respecting colonial products.
I beg your excellency to be so good as to transmit the papers with the
considerations herein set forth to the ministry of finance, in the
earnest hope, on my part, that he may be able to conform to the wishes
of my Government in affording relief to Mr. Hamel.
I improve, &c.,
