No. 985.
Mr. Bayard to Mr. Curry.

No. 279.]

Sir: I inclose copy of a dispatch from our consul at Cienfuegos reporting another violation of the commercial agreement with Spain.

The American schooner Uranus, in ballast from Ponce, Porto Rico, to Cienfuegos, loaded molasses at the latter port for the United States and was charged 37 cents per register ton duty on her outward cargo, where a Spanish vessel would have paid 25 cents per ton.

[Page 1451]

You are instructed to bring the case to the attention of the Spanish Government, and to ask that the money improperly exacted may be re turned.

I am, etc.,

T. F. Bayard.
[Inclosure 1 in No. 279.]

Mr. Ehninger to Mr. Rives.

No. 64.]

Sir: I have the honor to report another case similar to that referred to in my No. 58 of January 18 ultimo.

The accompanying protest of the master of the vessel will fully explain the case.

I am, etc.,

Henry A. Ehninger.
[Inclosure 2 in No. 279.]

Protest of Mr. Peters.

Personally appeared before the undersigned, United States consul of Cienfuegos, W. H. Peters, master of the American schooner Uranus, of Portland, Maine, of the burden of 344 tons, or thereabouts, and declares as follows: That on or about the 8th day of January, 1888, he arrived with the said vessel at the port of Ponce, in the island of Porto Rico, with a cargo of lumber from Wilmington, North Carolina, United States; that after discharging said cargo he paid his tonnage dues at the rate of 62½ cents, per 1,000 kilograms delivered, and cleared in ballast for the port of Cienfuegos, island of Cuba, arriving there on the 19th day of February; that in Cienfuegos he loaded with a full cargo of molasses, and when ready to clear, and proceeding to pay the tonnage dues on said cargo, the customs authorities exacted payment of the same at the rate of 37 cents per register ton, the same being a different rate from that charged to Spanish vessels arriving from possessions of Spain, which are charged at the rate of 25 cents per ton of outward cargo. And inasmuch as the agreement entered into between the United States of America and Spain on the 21st of September, 1887, stipulates that no discriminating duties shall be levied upon American vessels, the declarer considers that the exaction of the payment of tonnage dues at the rate of 37 cents per ton of register in his case is a violation of the agreement aforesaid.

Wherefore he, the said W. H. Peters, does hereby solemnly protest, and I, the said consul, at his special instance and request, do join him in protesting against the payment of the said charge of 37 cents per ton of register, and against the customs authorities of the port of Cienfuegos for the enforcement of the same, and against all and every person or thing concerned in the enforcement of the same, considering it to be an unjust and unlawful charge, and that the excess collected over and above the rate of 25 cents per ton of cargo ought to be refunded to him by the said customs authorities.

In testimony whereof the said W. H. Peters has hereunto subscribed his name, and I, the said consul, have set my hand and affixed my seal of office the day above written.

Henry A. Ehninger.

Wm. H. Peters,
Master of Schooner Uranus.