[Inclosure in No. 100.]
Mr. Uhl to
Baron von
Rotenhan.
Embassy of the United States of America,
Berlin, July 31, 1896.
The undersigned, ambassador, etc., of the United States of America,
acting under instruction from his Government, has the honor to
invite the attention of His Excellency Baron von Rotenhan, acting
secretary of state for foreign affairs, to the subject of tonnage
taxes, light-house dues, or other equivalent taxes that, since the
26th day of January, 1888, have been and are now being imposed in
German ports upon American vessels there arriving. By a note bearing
date January 24, 1888, addressed by the imperial German minister in
Washington to Mr. Bayard, then Secretary of State of the United
States, it was represented that no tonnage or light-house dues or
any equivalent tax or taxes whatever as referred to in the act of
Congress of June 19, 1886, were imposed upon American vessels
entering the ports of Germany either by the Imperial Government or
by the governments of the German maritime states, and that vessels
belonging to the United States of America and their cargoes were not
required in German ports to pay any fee or due of any kind or nature
or any import due higher or other than was payable by German vessels
or their cargoes.
The request was made in and by said note that the President of the
United States would therefore issue his proclamation suspending the
collection of the duty upon vessels entering the ports of the United
States from any of the ports of Germany, provided for by section 11
of the act of Congress of June 19, 1886, and that such suspension
should continue so long as the reciprocal exemption of vessels
belonging to citizens of the United States and their cargoes should
be continued in the ports of Germany. To this note Mr. Bayard
replied under date of January 26, 1888, inter alia, as follows.
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I take pleasure in informing you in reply that, in view of the
statement contained in your note to the effect that vessels of
the United States are exempt from tonnage dues and other charges
in German ports, the President will at once issue his
proclamation suspending the operation of the act of June 19,
1886, as to vessels coming from the ports of your country, in
the matter of tonnage dues.
And thereupon the President, on January 26, 1888, did issue his
proclamation, of which the following is a copy:
[Here follows copy of President’s proclamation of January 26, 1888,
as found in Foreign Relations, 1888,
Vol. I, p. 671.]
The Government of the United States has recently, through its
consular officers, respectively at Hamburg, Bremen, and Stettin,
caused an inquiry to be made as to the tonnage tax, light-house
dues, or other equivalent taxes imposed upon vessels of the United
States arriving at Hamburg, Bremen, Stettin, and outlying German
ports, from and after the 26th day of January, 1888, the date of the
President’s proclamation.
The United States consul at Hamburg in his report states that “the
tonnage dues for steamers entering the ports of Hamburg are 2.86
cents per cubic meter (0.353 ton) on foreign (British measurement),
or 2.38 cents per cubic meter (0.353 ton) on German measurements.
For sailing vessels the tonnage dues are 2.86 cents per cubic meter
(0.353 ton);” and he further states that every United States vessel
arriving in Hamburg since January 1, 1888, has been charged tonnage
dues, except the U. S. S. Marblehead; that
from February 6, 1886, to March 18, 1896, inclusive, twenty-one
vessels of the United States arriving at Hamburg paid tonnage dues
amounting to 7,538.33 marks, besides the usual harbor master’s fees
and fees for hire of customs signals.
It would appear from the report of the United States consul and the
statement furnished him by the Hamburg foreign office of tonnage
dues actually paid, that the imposition of tonnage taxes on American
vessels arriving at Hamburg has continued from February 6, 1888, to
the present—a period of time during which vessels from German ports
arriving in ports of the United States had not been subjected to the
payment of tonnage taxes, which if collected would have amounted to
many thousands of dollars.
From the report of the United States consul at Bremen it would seem
that at Bremerhaven, Brake, and Bremen, American vessels have not,
since April 1, 1888, been exempt from the payment of tonnage or
light dues, and that during the period 1888–1896 the sum of $495.30
has been paid by American vessels arriving at those ports on account
of the same.
At Stettin the records of payment are said to have been destroyed,
but it is estimated that three American vessels have paid as tonnage
dues about 2,009 marks, and it does not appear that any have been
exempt.
One vessel at Dantzic in 1889 paid tonnage dues amounting to 616
marks.
The undersigned, in bringing this subject to the attention of the
Imperial German Government, is instructed to respectfully request an
explanation of the apparent inconsistency between the assurance in
Mr. von Alvensleben’s note of January 24, 1888, and the practice
which now exists and has obtained in German ports since the 6th day
of February, 1888, in the imposition of tonnage taxes and light dues
upon American vessels, during which time like taxes under the
reciprocal arrangement aforesaid have not been imposed upon vessels
arriving in ports of the United States from German ports.
And the undersigned begs to be informed, in view of such reciprocal
arrangement, why it is that vessels of the United States arriving in
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German ports have been
subjected to the payment of tonnage taxes and light dues since the
26th day of January, 1888, the date of the President’s proclamation
hereinbefore set out; and also, in view of the request above
referred to for the suspension by the Government of the United
States of the collection of such taxes and dues upon vessels entered
in the ports of the United States from any of the ports of the
Empire of Germany, and the stipulation that such suspension shall
continue so long as the reciprocal exemption of vessels belonging to
citizens of the United States and their cargoes shall be continued
in the said ports of the Empire of Germany and no longer, upon what
ground or theory the payment of tonnage taxes and light dues have
been imposed by German authorities upon vessels of citizens of the
United States arriving in German ports.
The undersigned avails, etc.,