No. 927.
Mr. Bayard to Mr. Lewis.

No. 68.]

Sir: I transmit a copy of a letter from F. C. Butman, of Boston, representing that goods of American manufacture are imported into Portuguese colonies via Lisbon at less than the same goods are subjected to [in the way of duties] if sent in American bottoms direct to said colonies also a further letter on the subject.

It is desired that you will carefully investigate the subject and report in full, covering the entire ground. The question of indirect importations into the colonies of a country is generally casus omissus in treaties. Under Article IV of the treaty of 1840, it is presumed that no discrimination of flag exists in the colonies, and that goods indirectly imported thither, by way of a Portuguese port, in a vessel of the United States, are entitled to a reduction of 30 per cent, of the tariff duties, the same as if imported in Portuguese vessels.

It is stated by Messrs. Butman & Co. that the indirect importations into the colonies from all foreign countries via the parent country are treated alike. In this relation it is desirable to know whether the question of discrimination has been raised by any other government and how it has been met by Portugal.

It is possible that the analogy of the coastwise trade, under the reservation of Article VII of the treaty, may be argued. This can only properly apply, it is thought, to importations, which, having been regularly entered and paid duties in a port of the parent country, are thence conveyed in vessels of the country to another port thereof. But re-exportation in bond or with drawback, equal to duties, to another port of the same country is a different thing; and while it might be said that a rebate on foreign imports of the nature herein shown, at the port of final destination, is a discrimination against one home port and in favor of another, still it is evident that the effect is to discourage direct importations and to favor a double voyage with transshipment in a port of the mother country. In the second case the flag under which the voyage after such transshipment is made becomes important.

As will be seen, the subject is intricate and needs to be carefully studied.

I am, etc.,

T. F. Bayard.
[Page 1382]
[Inclosure 1 in No. 68.]

Mr. Butman to Mr. Bayard.

Sir: Annexed please find copy of a letter from my agent at St. Vincent, Gape Verde Islands, a native of this State, dated September 10, 1887, which appears to me should receive prompt and active attention of your Department. As I understand, Portuguese products in Portuguese vessels are entitled to the same privileges of entry in our ports as en tailed on the same goods if brought in American bottoms. Why this? If, through what to me appears a flimsy or sharp dodge, goods of American manufacture are imported into Portuguese colonies via Lisbon at less than the same goods are subjected to if sent in American bottoms direct to such colonies; if the treaty between the United States and Portugal permits of any such impositions, it seems to me the quicker it is stopped the better for the credit and standing of this country.

Again asking for prompt and efficient action in the premises, and an acknowledgment of this communication, I am etc.,

F. C. Butman.
[Inclosure 2 in No. 68.]

Mr. Holtz to Mr. Butman.

Dear Sir: The influence of the United States Government ought to be used to protect goods of American manufacture against the injustice of the present tariff of these islands.

Recent importations of goods of United States manufacture into these islands from Lisbon define the intention of Portuguese merchants to avail extensively of important and unjust exceptions in present tariff in favor of goods from Lisbon brought in Portuguese vessels.

I inclose herewith a copy of the tariff. On page 5, article 1, it says:

“Merchandise imported from foreign ports into this archipelago will pay duty as defined in Table A, page 15.” Page 6, article 3: “Merchandise re-exported from Lisbon to this archipelago will pay 70 per cent, of duty as defined in Table A.” Table A, page 15, defines duty as follows:

Reis.
On goods of United States manufacture:
Denim blue drills, etc per kilogram 400
Flour Do 15
Unbleached cotton do 150
Box of manufactured tobacco do 200
Sugar do 60
Calicoes or prints do 500

The following table will illustrate the practical workings of the tariff, viz:

Item. Reis. Dollars. Difference in favor of Lisbon.
One bale denim or blue drills, costing in United States 13 cents per yard, weighs 130 kilograms, at 400 reis (700 yards) 52,000 56.52 } $16.97 per bale.
From Lisbon, 70 per cent, of 52,000 reis is 36,400 39.55
One bale unbleached cotton, 750 yards, costing 7 cents per yard, weighs 115 kilograms, at 150 reis. 17,250 18.74 } $5.62 per bale.
From Lisbon, 70 per cent, of 17,250 reis is 12,075 13.12
One box manufactured tobacco, 120 pounds, costing 17 cents per pound, weighs 55 kilograms, at 200 reis. 11,000 11.96 } $3.63 per 120 pounds.
From Lisbon, 70 per cent, of 11,000 reis is 7,700 8.33
One hogshead leaf tobacco, costing 12 cents per pound, weighs 900 kilograms, at 200 reis. 180,000 195.65 } $58.70 per hogshead.
From Lisbon, 70 per cent. of 180,000 reis is 126,000 136.95
One barrel flour, 196 pounds, 85 kilograms, at 15 reis 1,275 1.39 } 43 cents per barrel
From Lisbon, 70 per cent. is 892 .96
One case kerosene oil, 10 gallons, weight 30 kilograms, at 20 reis. 600 .62½ } 17½ cents per case.
From Lisbon, 70 per cent 420 .45
One barrel sugar, weighing 100 kilograms, at 60 reis 6,000 6.52 } $1.97 per barrel.
From Lisbon, 70 per cent 4,200 4.55
One bale or case calico prints weighing 100 kilograms, at 500 reis. 50,000 54.35 } $16.31 per bale.
From Lisbon, 70 per cent 35,000 38.04

[Page 1383]

This tariff is not aimed to injure products of the United States more than other foreign countries, but from the fact that the United States has considerable direct trade here and foreign countries no trade of importance, the tariff applies particularly severely upon United States goods.

The question is often asked, Why do citizens of the United States not avail of the advantages of re-exportation via Lisbon for their goods? Why should citizens of the United States be forced to send their goods double voyages; pay freight to Lisbon and from Lisbon here in Portuguese vessels, which are enabled to charge high rates of freight by the monopoly sustained by the tariff, compelling the goods to be brought in Portuguese vessels, instead of employing their own vessels to carry their own produce when prepared to do so?

Communication between the United States and Portugal by sail or steam vessels is infrequent and inadequate to keep merchants regularly supplied.

Lisbon merchants now import goods of United States manufacture because, by efforts of those engaged in direct trade with the United States to introduce and sell their goods, which are superior in quality to those of European manufacture, a good demand is established and the poor people prefer them to others. Permit direct trade with the United States to he killed by this difference in duty, and soon the Lisbon merchants will abandon importations of United States goods with their impediment of infrequent communication and higher freights than between Europe and Portugal, and give preference to the flimsy textures of European manufacture, on which more profit can be made, and which are more readily obtainable from Europe owing to frequent and cheaper communication with Portugal.

The closing of the mail will not permit writing more to-day.

I remain, very truly, yours,

Joseph H. Holtz.
[Inclosure 3 in No. 68.]

Mr. Butman to Mr. Bayard.

Sir: Referring to my respects of the 11th instant, yet unacknowledged, I beg to add further from my agent, Mr. Joseph H. Holtz, at St. Vincent, Cape Verde Islands, on the same subject, viz:

“Something must be done about the difference in duty between direct and indirect importations. If this difference in duty applied only to goods of Portuguese manufacture, there would be some merit in it, but as now it only favors a few exporters from Lisbon to the loss of duties at this archipelago, and it is surprising that the Government at Lisbon do not see the injury it will do the islands by driving away direct importations to give place to those who pay 30 per cent, less duty into the revenue of the archipelago.

“There is said to be a new tariff for the islands now under consideration by the Government at Lisbon, in which duties on domestics and tobacco are considerably reduced, and the preference on United States goods via Lisbon is reduced from 30 to 20 per cent. A reduction on general duties will lessen the total difference between direct and indirect importations, but what is needed is equal duties for all. It is questionable if there exists any treaty of commerce between the United States and Portugal. An ancient treaty of 1844, sometimes referred to between islands government and consuls, says that the United States is to be treated the same as the most favored nations, but as they treat all nations equally unjustly in this duty on goods from Lisbon, something more definite than the treaty of 1844 is needed, to the effect that the United States and its commerce will be treated with equal justice that the commerce of Portugal is treated by the United States.

“With a new tariff under consideration at Lisbon, it appears a proper time to urge our Government to protect goods of its manufacture. There will be a strong opposition at Lisbon to reform in this direction, but the case is so clearly for the benefit of the Portuguese Government as regards revenue, aside from treating our commerce as we treat theirs, that good results will follow if our Government uses its influence.”

I do not wish to use too strong language, but I respectfully submit, if the Portuguese Government, while receiving, as I understand they do, the same privileges in our ports as our own commerce receives, shall be permitted to destroy United States commerce and vessels as they are virtually attempting to do and drive us out of the direct trade which we have been doing for years, it does appear to me that the case is one warranting prompt and energetic measures, and that no time should be lost in taking the necessary steps to secure justice and equity.

All of which is respectfully submitted.

Respectfully, etc.,

F. C. Butman.