Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1886
No. 284.
Mr. Thompson to Mr. Bayard.
Port au Prince, Hayti, March 6, 1886. (Received March 29.)
Sir: In acknowledging receipt to-day of your No. 46 of the 12th ultimo, I have the honor, as instructed therein, to transmit herewith, under another cover, a copy of the Haytian tariff and general regulations of the custom house.
With regard to the report I was instructed to make in your No. 6 of June 23, 1885, I intended such to be given in the closing of my dispatch No. 67 of the 12th of January last, wherein, after conversations with many shipmasters and all of the American merchants interested in this subject, I was enabled to report the different causes of their complaint. I may continue, in conclusion, that the laws as contained in the tariff transmitted are rigorously enforced, and show equally well the unjust charges upon foreign vessels.
I have translated that part of the tariff which bears especially on shipping, which is found on pages 31 to 41 inclusive, omitting in the law of July 20, 1859, that part which relates to the internal custom-house administration and verification of merchandise. This translation is herewith transmitted.
If there should be any other points which may have escaped my attention, on receipt of instructions in the premises I will cheerfully make all further investigations, and report thereon as soon as possible.
I deem it worth while to inform you that the decree on the naturalization of merchant vessels on page 45 of the tariff has been annuled, because, among other reasons, of the failure, from impossibility on the part of such vessels, in carrying out the latter clause of Article 1, relating to the officers and crew.
I am, sir, &c.,
Law modifying articles 19, 21, 110, and 111 of the law of July 13, 1858, and the scale of pilotage, fountain, and signal dues.
Article 1. All vessels that change from one port to another shall pay the following scale of dues:
scale of dues.
| For vessels of 100 tons and under | $25 00 |
| For vessels of 100 tons to 200 tons | 30 00 |
| For vessels of 200 tons to 300 tons | 35 00 |
| For vessels of 300 tons to 400 tons | 40 00 |
| For vessels of over 400 tons | 50 00 |
Art. 2. At places where there are marine fountains for the use of vessels doing a foreign trade each vessel shall pay, in specie:
fountain dues.
| For each vessel of— | |
| 15 to 50 tons | $2 00 |
| 51 to 100 tons | 3 00 |
| 101 to 150 tons | 4 50 |
| 151 to 250 tons | 6 00 |
| 251 to 300 tons | 7 50 |
| Above 300 tons | 10 00 |
Art. 3. Apart from the pilotage, which shall he paid direct to the pilot, the commandant of the port shall receive of each vessel, whatsoever may be the tonnage, at the time of delivery of the pass-ticket, $2.
pilotage dues.
Art. 4. A pilotage due, of which one-half is to remain in the public treasury and the other half is to be paid direct to the pilot by the vessels, under the responsibility of their consignee, is established, as follows:
for port au prince.
When the pilot boards a vessel outside and beyond the Grand Reefs, the vessel shall pay:
| For vessel of— | |
| 50 to 100 tons | $4 00 |
| 101 to 200 tons | 8 00 |
| 201 to 300 tons | 10 00 |
| 301 to 400 tons | 12 00 |
| Above 400 tons | 16 00 |
And when he shall have boarded her only inside of the Grand Reefs, about the Three Isles, the vessel shall pay:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 4 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
for cape haytien.
Vessels boarded by the pilot one league outside of Picolet shall pay:
| For vessel of— | |
| 50 to 100 tons | $4 00 |
| 101 to 200 tons | 8 00 |
| 201 to 300 tons | 10 00 |
| 301 to 400 tons | 12 00 |
| Above 400 tons | 16 00 |
When the pilot does not reach the vessel at a distance of one league from Picolet, the dues shall be:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 4 00 |
| 201 to 300 tons | 5 00 |
| 301 to 400 tons | 6 00 |
| Above 400 tons | 8 00 |
On leaving, vessels shall pay:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 4 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
for aux cayes.
Vessels boarded by the pilot outside and to the windward of La Folle shall pay:
| For vessel of— | |
| 50 to 100 tons | $5 00 |
| 101 to 200 tons | 10 00 |
| 201 to 300 tons | 12 00 |
| 301 to 400 tons | 16 00 |
| Above 400 tons | 20 00 |
When they shall be boarded in Orange Bay, to the west of La Vache Island:
| For vessel of— | |
| 50 to 100 tons | $3 00 |
| 101 to 200 tons | 5 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
On leaving they shall pay:
| For vessel of— | |
| 50 to 100 tons. | $2 00 |
| 101 to 200 tons. | 4 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
for gonaives.
Vessels boarded outside of Point La Pierre shall pay:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 3 00 |
| 201 to 300 tons | 4 00 |
| 301 to 400 tons | 5 00 |
| Above 400 tons | 6 00 |
On leaving, vessels shall pay:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 4 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
for jacmel.
Vessels boarded at the height of Baguette Bay shall pay:
| For vessel of— | |
| 50 to 100 tons | $4 00 |
| 101 to 200 tons | 8 00 |
| 201 to 300 tons | 10 00 |
| 301 to 400 tons | 12 00 |
| Above 400 tons | 16 00 |
Inside of the aforesaid point:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 4 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
for jeremie, st. marc, aquin, miragoane, and port de paix.
Vessels hoarded by the pilot at one league outside shall pay:
| For vessel of— | |
| 50 to 100 tons | $1 50 |
| 101 to 200 tons | 2 50 |
| 201 to 300 tons | 3 50 |
| 301 to 400 tons | 4 00 |
| Above 400 tons | 5 00 |
On leaving, vessels shall pay:
| For vessel of— | |
| 50 to 100 tons | $2 00 |
| 101 to 200 tons | 4 00 |
| 201 to 300 tons | 6 00 |
| 301 to 400 tons | 8 00 |
| Above 400 tons | 10 00 |
A minute shall be drawn up for the purpose of certifying to the place where the pilot reaches the vessel and comes on board.
signal dues.
Art. 5. Where there are signal posts, each vessel shall pay 2 piasters through the consignee. This due shall be paid only when the vessel shall have been signaled in time for the pilot to reach her at the farthest point provided in the above-mentioned tariffs.
The half of this due belongs to the signaler; the other half shall be paid into the public funds.
This present law annuls, &c.
Law fixing dues for sanitary visits of September 22, 1874.
Article 1. A visit due, of which half remains in the public treasury, and the other half is to be paid directly to the doctors, named in the different ports of the Republic to examine the crews and to oversee the execution of the regulations coming from the secretary of state of interior, is established as follows:
| For all vessel of— | |
| 301 tons and over | $16 00 |
| 201 tons to 300 | 12 00 |
| 200 tons and under | 8 00 |
| For each steamer of whatever tonnage | 25 00 |
Law modifying the law of July 13, 1858, on the administration and direction of the customhouses of the Republic of Hayti of the 20th of July, 1859.
Article 1. The dues for tonnage, changing ports, and all others bearing on the hull of the vessel shall be paid into the public treasury by the consignees of the vessels, before they can be cleared for a foreign port, or for any one of the other open ports of the country. The captains and their vessels are liable to be detained in guaranty for these dues as being conjointly responsible with the consignees.
Art. 2. There shall also be paid over to the public treasury by the consignee, at the time of clearing his vessel, the exportation duties established on the production of the soil forming the return cargo of the vessel.
[Page 540]The consignee is personally responsible for the said exportation duties, and this conjointly with the different shippers, but each one of them only for his share forming the cargo.
Art. 3. The duties bearing on the merchandise coming from foreign countries shall be paid in full into the public treasury by the consignees of the vessels which shall have-imported them, after the verification and as soon as the general account of these duties drawn up by the custom-house shall have been ordered for receipt by the administrator of finances.
The consignee is likewise personally responsible for these duties, and that conjointly with the different importers of the merchandise forming the cargo imported, but each one of them only for his part of the cargo.
Art. 4. The directors and other custom-house agents of the Republic, as well as the controllers, shall proceed without any loss of time to verify the cargo imported, and the consignees or their representatives are obliged to comply at once with the requisitions which may be made on them in that regard by the said functionaries.
The six articles following treat on the internal custom-house administration and the verification of merchandise.
Law on the payment of duties, fiscal revenues, of the 10th of December, 1861, promulgated December 28, 1862, modifying law of July 20, 1859.
Whereas in the interest of a prompt collection of duties, fiscal revenues, and to cut short abuses prejudicial to the public service, it is necessary to modify Articles 1, 2, and 3 of the law of July 20, 1859, on the administration and direction of the customhouses, and by the advice of the council of the secretaries of state has proposed and the legislative body has enacted the following law:
Article 1. Dues for tonnage, changing ports, and all others bearing on the hull of the vessel, shall be paid into the public treasury by the consignees of the vessels before they can be cleared for a foreign port or for one of the open ports of the Republic.
Art. 2. Shall likewise be paid into the public treasury by the consignee, at the time of clearing his vessel, the exportation duties established on the productions of the soil forming the return cargo of the said vessel.
The consignee is personally responsible both for the dues affecting the hull of the vessel and tor the amount of the export duties.
Art. 3. The duties affecting merchandise coming from foreign countries shall be paid in full into the public treasury by the consignees of the vessels which shall have imported them, after the verification of the said merchandise, and as soon as the general account of these duties drawn up by the custom-house shall have been audited for receipt by the administrator of finances.
This account shall be itemized, following the verifications, so that forty-eight hours after the complete verification of a cargo the said account shall be established and forwarded to the administrator of finances, on the responsibility of the director of the customs.
As soon as this account is received, and within a period of not more than twice forty-eight hours, the administrator of finances shall have the account verified, draw up the bills of receipt relative thereto, and notify the special treasurer, and invite the consignees to pay over to the public treasury the entire amount due to the State.
Art. 4. The consignees are personally responsible for the duties on the merchandise composing the cargo imported by the vessels consigned to them. They can be held bound to deposit in the custom-house one-quarter of the merchandise verified, or furnish good and valid security as guarantee for the duties to the state until the payment of the import duties.
Art. 5. The consignees, being personally responsible for the duties on the merchandise forming the cargo imported, are authorized to take toward the, claimants such measures as may be right for the safeguard of their interest, and even, if necessary, require the detention in the custom-house of the merchandise forming the portion of that belonging to each of the said claimants of the cargo.
The director of the custom-house should not deliver the merchandise to the claimants except on the written authorization of the consignee.
Art. 6. The several importers of merchandise by steam packet-boats, shall be bound for the formalities to be filled at the custom-house and the payment of the duties on the said merchandise to choose a consignee who shall be responsible to the administrator of finances. If they fail to agree in this choice, the administrator of finances shall designate the consignee.
Art. 7. In case of a refusal on the part of the consignee designated, or of his non-acceptance by the importers, the merchandise in question cannot be taken from the [Page 541] custom-house until after payment into the public funds of the amount of the duties on them, and on sight of a receipt from the treasury.
The sums due shall then be received by the treasurer on an order of receipt separately drawn up by the administrator of finances.
Art. 8. A delay of eight days is granted from the forwarding of the account of the customs, for the payment of the import duties, and taking away of the merchandise deposited in guarantee; after which delay the administrator of finances is authorized to have sold at public auction, in the presence of the parties interested, and for the account of the debtor, all or a part of the merchandise deposited to cover the fiscal dues, and that none the less to the prejudice of future prosecutions if the deposit ordered by Article 4 was insufficient.
Decree of April 30, 1869.
Article 1. After the 1st of June, 1869, no vessel can be cleared for one of the ports of the Republic if all the duties, importation as well as exportation, have not been entirely paid.
Law fixing the tonnage dues to be paid by steamers of October, 1876.
Article 1. From the 1st of January, 1877, there shall be levied a due of 50 cents per ton of merchandise unloaded by steamers touching at the open ports of the Republic.
Art. 2. The tonnage subjected to the present law shall be determined by means of the weights and measures which served to regulate the freight.
For this purpose the mention in detail of this freight, duly signed by the competent authority on board, should figure on the bills of lading which accompany the manifest remitted by these steamers to the custom-house director, under penalty of a fine of $200 against the said agents.
Art. 3. The ton weight is estimated at 2,000 pounds gross weight and the volume at 42 cubic feet.
Art. 4. The bills of lading and invoices of merchandises, shipped on steamers destined for-Hayti, should mention the gross weight of such merchandise or of their volume according to the case, respectively.
The want of fulfillment of this formality, as well as all mention recognized as false, give cause against the importation of the merchandise to the imposition of thrice the amount of the tonnage dues.
Art. 5. The accounts and ordinances for the collection of the present tonnage dues shall be drawn up against the agents of the steamers.
Art. 6. The present law annuls all the laws or provisions of law which maybe contrary thereto.