No. 285.
Mr. Hamlin
to Mr. Frelinghuysen.
Madrid, May 16, 1882. (Received June 5.)
Sir: In compliance with the suggestion contained in your instruction No. 55, in relation to charges made by Spanish consuls in the United States on cargoes of vessels clearing for Spanish ports, I sought an interview with the minister of state on the 10th instant, but found his office closed. The attempt was renewed on the succeeding day without accomplishing the object. I then sought and obtained an interview with the sub-secretary, Mr. Mendez de Vigo.
I stated to him that no reply had been made to the note which I had the honor to address to the minister of state on the 7th January last, relating to charges made by Spanish consuls in the United States on the cargoes of vessels clearing for Spanish ports; and I added that since the date of my note I had received several dispatches from my government advising me that the Spanish consuls in the United States were continuing to impose said charges complained of, and that my government had instructed me to confer with the ministry of state with a view to a prompt and early settlement of the pending subject. I stated as impressively as I was capable of doing that my government regarded the imposition of said charges as wrong in and of themselves and embarrassing to the commerce between the two countries, and that they were deemed inadmissible by my government as being in substance and in fact a tonnage duty amounting to a revenue measure enforced [Page 471] in American ports, and that no government could assume to exercise that power but the Government of the United States. I also invited the attention of the sub-secretary to the correspondence of the two governments which took place when Mr. Cushing was the United States minister at this court (referred to in my note of the 7th January), involving very nearly, if not actually, the same point now under discussion. Such briefly, but substantially, was the manner in which I stated my views of the case to the sub-secretary, and expressed the hope that there would be as little delay as possible in the disposition and settlement of the subject-matter under consideration. The reply of the sub-secretary was, first, that said consular charges were made alike upon the cargoes of vessels in the ports of all nations, and that the Government of of the United States was the only one that had complained of the same; second, that they were considering the case with a view to determine the same, but that the person having the matter in charge was temporarily absent, but in a few days a reply to my note would be sent me. I then said to the sub-secretary that without any instructions from my government I would inquire of him if all the trouble and annoyance arising in the consular service could not be wholly avoided, or very nearly so, if the two governments would make an agreement by which the consular fees should be alike, or reciprocal by each government? If he should be disposed to favor such a course and would address me a note to that effect, I would submit the same to my government.
At first the suggestion seemed to impress the sub-secretary very favorably and he expressed the opinion that it was a desirable thing to do. But after talking further upon the subject, he said that it could not be done, as the consular systems of the two governments were based on different principles, that the American consular system was not regarded as one of revenue, while it was otherwise with Spain; that Spain relied largely upon its consular system as one of revenue, and it was administered upon that principle, and Spain did, in fact, realize a considerable sum from that service.
To that I promptly replied, precisely, and that sustains just the view entertained by my government, that the charge upon cargoes of vessels was a tonnage and revenue measure, and as such my government protested against it as inadmissible. I then said to the sub-secretary, supposing that my government should instruct its consular officers in Cuba and Porto Rico to impose a like charge upon every pound of sugar and every gallon of molasses sent to the United States, what would the Spanish Government say? He replied by asking why my government did not do so? I responded, first, that such a course, if admissible, would only provoke controversy, and would substantially embarrass the commercial relations of both countries, while everything that could properly be done should be done to facilitate and increase that commerce, and that I would be happy if I could in any way aid in so desirable a result. And, I added, secondly, that such a course was wholly inadmissible. That no nation could allow any foreign government to collect fees on the cargoes of vessels in its own ports equivalent to tonnage or revenue duties, and if attempted would certainly prove disastrous in its result. The sub-secretary made no reply.
It is now more than a week since said conference took place, and having as yet received no reply to my note of January 7, I have deemed it proper to advise you of said interview. When a reply shall be received to my note it will be promptly forwarded.
I have, &c.,