No. 572.
Mr. Bayard to Mr.
Curry
.
Department
of State,
Washington
,
December 10,
1885.
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brought from the Antilles, and that the law has not been repealed.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
.
Philadelphia
,
December 2,
1885.
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 That law was never rescinded, and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,