No. 461.
Mr. Manning to Mr. Bayard.

No. 129.]

Sir: I have received your No. 92, dated April 25, this morning, and immediately addressed a note to Mr. Mariscal, of which copy is inclosed. No communication from him touching this matter has been received since my last dispatch to you.

I am, etc.,

Thomas C. Manning.
[Inclosure 1 in No. 129.]

Mr. Manning to Mr. Mariscal.

Sir: I beg to call your excellency’s attention again to my notes of December 6 last, and April 19th last passed, touching the operation of a certain contract which the Mexican Government has made with the Spanish Transatlantic Steamship Company, and of the serious detriment occasioned thereby to Messrs. Alexandre & Sons, the owners of a rival line of steamships plying between Mexican ports and the United States.

[Page 719]

I have now the honor to transmit information given the Department of State, at Washington, by Mr. John Alexandre, of the firm last mentioned, explanatory of the manner in which that contract is executed, and which, if corroborated, exhibits the transaction in an unfavorable light, so far as the discriminations against the mercantile marine of the United States are concerned.

The dispatch from my Government goes on to say that Mr. Alexandre represents that merchandise imported into Mexico by the Spanish line referred to practically pays but 98 per centum of the customs duties exacted from merchandise imported in other bottoms; that under Article III of the contract 2 per cent. of the regular duties on such merchandise is paid for the importers by the Spanish line, which, under Article IX of the contract, is repaid to the line by the custom-house, provided the total duties on each entire cargo so, imported amount to 50,000 Mexican dollars.

Should the duties on any cargo not aggregate that amount, the 2 per cent. aforesaid is not refunded, and the line receives only the regular subsidy of |5,000 for the trip. In fact, however, the duties are largely in excess of $50,000 on each cargo, and consequently extra trips, in addition to the regular trips, are obliged to be made by the line in order to transport the freight tendered. And by another provision of the contract the refund of 2 per cent. of duties on the merchandise imported in any one of the extra trips is made in all cases where the total duties on each cargo amount to 25,000 Mexican dollars.

This arrangement, by which shippers of merchandise by the Spanish line pay 2 per cent. less customs duties in Mexico than shippers by any other vessels, is manifestly an unequal and unjust discrimination against all competitors of the Spanish line in carrying freight from the United States to Mexico.

The regular subsidy agreed upon in the contract to be paid by the Mexican Government to the Spanish line is not complained of by the Messrs. Alexandre.

But the discrimination above described, by which a reduction of 2 per cent. of the Mexican customs duties is secured to shippers by the Spanish line, is in many cases largely in excess of the freight charged, and renders competition in freighting impossible.

If it be deemed politic by the Government of Mexico to induce larger importations into that country by granting a rebate on duties on all cargoes whereon the duties levied aggregate more than 50,000 Mexican dollars, the proposition should be made without discrimination, so that all vessels could avail themselves of it and announce the privilege to their proposed shippers in the United States. Under the present arrangement, however, as described by Mr. Alexandre, the discrimination against the carrying flag of the United States is obvious.

In this connection it may be important to remember that the treaty of commerce and navigation of 1831 between the United States and Mexico, having been terminated through notice given by the Mexican Government on November 30, 1880, this Government is left free to apply whatever measures are or may be provided by legislation to countervail the discrimination complained of.

Such a discrimination, if persisted in, would necessarily be regarded as at variance with the intimate and mutually beneficial intercourse which the United States desire to maintain with neighboring communities) and as a disappointing response to the policy manifested by recent acts of Congress.

I beg leave to call your excellency’s attention very earnestly to the appearance which this matter has of ajdiscrimination against the United States merchant marine, which cannot fail, whenever the truth of Mr. Alexandre’s statements shall be confirmed, to produce a most unfavorable impression in my country.

I take occasion, etc,

Thomas C. Manning