No. 478.
Mr. Manning to Mr. Bayard.

No. 160.]

Sir: I duly received your No. 108, of 31st ultimo, informing me that the Mexican Government’s reply to the complaint of Messrs. Alexandre & Sons of a discrimination to their detriment in favor of the Spanish line of steamers was unsatisfactory, and I yesterday addressed a note to Mr. Mariscal, of which copy is inclosed, in which, in obedience to your instructions, I stated that the explanation of the department of public works did not meet the real issue, and that the remission of 2 [Page 737] per cent. of duties to shippers by the Spanish line was in fact a discrimination in favor of that line to the prejudice of Messrs. Alexandre & Sons, although it was clothed in a different form of words.

I am, etc.,

Th. C. Manning.
[Inclosure in No. 160.]

Mr. Manning to Mr. Mariscal.

Sir: On receipt of your excellency’s esteemed note of May 11, relative to the complaint of Messrs. Alexandre & Sons, I immediately transmitted it to Washington with accompanying arguments from the department of public works.

I have now the honor to state that I have received a reply thereto from Mr. Bayard, in which he directs me to inform your excellency that the explanation of the Mexican Government does not, in his opinion, answer the complaint expressed in my several notes on this important subject.

My Government has not desired most-favored-nation treatment of vessels of the United States in Mexican ports, because no stipulation for such treatment exists in the treaties between the two countries. Neither has any objection been made to the grant by the Mexican Government of a subvention or subsidy to the Spanish line for the special services agreed to be performed by that company.

You will remember that in my note of May 4 I expressly stated that no complaint had been made of a grant of a subsidy to the Spanish line, and it follows, therefore, that the elaborate arguments presented by the department of public works fail to touch the real ground of complaint.

What is actually complained of is that the Mexican Government grants a remission of 2 per cent. of the customs duties to shippers of goods by the Spanish line. This is not even denied by your excellency’s Government. It is true that by the terms of the contract the remission is made conditional upon the total duties on the cargo amounting to a certain sum, and if they fall below that sum the company is required to pay the 2 per cent. to the shippers out of its subsidy.

Mr. Bayard directs me to say that this condition is a matter of words rather than of substance, and that the result is that the Spanish line receives and retains its subsidy, while the shippers by it obtain a remission of 2 per cent. on the duties on their merchandise.

As illustrating the mode of operation, I append a copy of a blank form used at the custom-house at Vera Cruz, to which I particularly call your excellency’s attention. It is a receipt for a certain amount of money, representing 2 per cent. of the customs duties on certain goods shipped by the Spanish line. The shipper signs this receipt, and the custom-house receives it in payment of the duties to the amount therein named, which is the 2 per cent. in question.

In all fairness, your excellency must admit that this is not merely a subsidy to the steamship company, but a bounty to shippers by that line in the form of the remission of 2 per cent. of the customs duties on their goods. This appears to be so clear that Mr. Bayard instructs me to call your excellency’s attention to what he considers an entire misapprehension of my Government’s real ground of complaint, in the hope, that the Mexican Government will review a decision that bears so harshly and un-justly on an American line of steamers.

Permit me to avail myself, etc.,

Th. C. Manning.