No. 572.

Mr. Bayard to Mr. Curry.

No. 11.]

Sir: Referring to the instruction (No. 409) sent to your legation on the 4th ultimo, respecting the duty collected at Barcelona on a cargo of old metal shipped from Cuba by Mr. F. B. Hamel, an American citizen, 1 inclose for your further information a copy of a letter which states that in 1873 the Cortes passed a law admitting old metals free when brought from the Antilles, and that the law has not been repealed. Please ascertain the facts, and if the statement is correct make use of the argument suggested to fortify the instructions heretofore given you in this case.

I am, &c.,

[Inclosure in No. 11.]

Mr. John B. Hamel to Mr. Bayard.

Sir: In addition to all the evidence I have presented to the Department claiming from Spain a restitution of the moneys unlawfully collected from the agents of F. B. Hamel in Barcelona, and claiming that the old metals shipped by him from Havana, Island of Cuba, should be admitted free of duty in Barcelona, I have discovered that in 1873 a law was passed in the Cortes admitting old metals free of duty when imported from the Antilles. That law was never rescinded, and could not be by royal order, but must be done by the Cortes, the same as the tariff cannot be altered in the United States except by act of Congress. Will you kindly remit this to our minister?

Your obedient servant,