Mr. Uhl to Mr. Olney.

No. 100.]

Sir: Referring to your instructions Nos. 53 and 55, of the 19th and 22d of May last, by which I was directed, after receiving certain further information from the United States consuls at the German maritime ports, to bring to the attention of the Imperial German foreign office, in such manner as my judgment should indicate, the subject of the imposition by the German authorities of tonnage taxes, light dues, or other equivalent taxes upon vessels of the United States arriving in the ports of Germany, and to request an explanation of the apparent inconsistency between the practice that obtains in that behalf in Germany and the assurances given in Mr. von Alvensleben’s note to Mr. Bayard of the date of the 24th of January, 1888, I have the honor to inform you that upon the receipt from our consuls at Bremen, Hamburg, and Stettin, of the requested reports, the originals of which were transmitted with my dispatch No. 99, of the 27th instant, I addressed a note to Baron von Rotenhan, the acting secretary of state for foreign affairs, of which a copy is herewith inclosed.

I have, etc.,

Edwin F. Uhl.
[Inclosure in No. 100.]

Mr. Uhl to Baron von Rotenhan.

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.

[Page 155]

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 [Page 156] 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.,

Edwin F. Uhl.