Office of the Historian

No. 633.
Mr. de Muruaga to Mr. Bayard.

[Translation.]
Legation of Spain,
Washington, January 4, 1887. (Received January 7.)

The undersigned, envoy extraordinary and minister plenipotentiary of Spain, has the honor to make known to the Hon. Thomas F. Bayard, Secretary of State, that the Spanish steamer Hernan Cortes, cleared at Barcelona for New Orleans by way of Cuba and other places in the Antilles, was obliged on her arrival from Cienfuegos to pay 6 cents per ton, instead of 3 cents, which were paid by her on her previous voyages.

The case of the Hernan Cortes is identical with those of the steamers Ban Francisco, Buena Ventura, and Alicia, of which the honorable Secretary of State was informed through the note of this legation dated 2d December last, and the reason of the collector at Sew Orleans for [Page 1024] imposing on said steamer the tax of 6 cents per ton rests upon the same erroneous interpretation that was the basis for exacting similar taxes from the other said steamers.

As the honorable Secretary of State will see by the annexed document, the collector at New Orleans makes no mention of the conditions (clausulas) of the modus vivendi now in force, and abides solely by article 265 of the Custom-House Regulations of 1884, and by the text of the proclamation of the honorable President, that official insisting that Spanish vessels can only enjoy the privilege of assimilation to the American flag when they come direct from the ports of the islands of Cuba or Porto Rico, and not at all when they, come from other Spanish or foreign ports, an interpretation which is wholly contrary to the definitive agreement of the said modus vivendi, by which vessels owned by Americans, carrying the American flag, although sailing from foreign ports, enjoy in Spanish ports equal exemption from tonnage dues.

The undersigned calls the especial attention of the Hon. Thomas F. Bayard to this matter and begs him to be pleased to urgently promote the necessary orders to the end that the collector at New Orleans shall strictly abide by the spirit and letter of the convention of the 27th of October last, and refund the excess of taxes exacted by him from the Hernan Cortes and from the other Spanish vessels mentioned in the note of this legation of the 2d of December last.

The undersigned minister avails himself, etc.

E. de Muruaga.
[Inclosure.]

Mr. Crawford to Mr. Jonas.

Custom-House, Collectors Office,
New Orleans, December 27, 1886.

Sir: In compliance with your request asking for report on the collection of tonnage tax at the rate of 6 cents per ton on the Spanish steam-ship Hernan Cortes, I have the honor to state that the tax was levied under section 11 of the act of June 19, 1886, the master on entry having declared—

That the said steam-ship belonged to the E. Pi. Co. Line, plying between Spain and the United States via Cuban and other ports. That he cleared from Barcelona on the 7th of November, 1886, via other Spanish ports, with cargo for Cuban ports and Porto Rico, and after discharging same proceeded to this port in ballast.

Her case is precisely similar to that of the steamer Alicia, in which, upon appeal to the Treasury Department, it was decided that the tax of 6 cents applied. I inclose a copy of Department letter, dated November 11, 1886.

Relative to the “reciprocity treaty,” spoken of by the Spanish consul, I respectfully call your attention to article 265, Customs Regulations, 1884, and inclosed copies of the President’s proclamation concerning same. They treat simply upon reviving and suspension of “discriminating duties” of tonnage and impost on vessels of Spain coming from the islands of Cuba and Porto Rico.

Very respectfully,

J. D. Crawford,
Deputy Collector.