No. 332.
Mr. Baker to Mr. Frelinghuysen.

No. 487.]

Sir: Referring to Department dispatches to Mr. Carter numbered 15 and 25, and to Mr. Carter’s dispatches numbered 36, 39, 67, and 107, all relative to the recent measure adopted by this government, imposing an additional duty of 30 per cent. upon commodities proceeding from foreign colonies to the ports of this country, or from Europe or the United States to the ports of this country, with transhipment in such colonies, I have to say that my information is that this measure went into effect on the 3d ultimo, and that some duty has been collected in pursuance of it.

I presume I shall receive, at an early day, instructions respecting the present phase of the question. Meantime, in view of the extraordinary character of the measure, and of the spirit of the instructions already sent to this legation respecting it, I shall deem it right to take some step in relation thereto at as early a day as practicable. As at present advised, my view is short. It is to request this government to so modify the measure as to exempt from its operation all consignments of goods from the ports of the United States which are covered by through consular invoices and bills of lading for the ports of this country. Although the goods so covered may be stored and transhipped, or simply transhipped, in any of the colonies embraced in the measure. I presume such a modification, if made, would have to be general, and apply equally to the commerce of all nations trading with this country—and, so much the better for that, I would judge.

Although Congress has adjourned, my impression is that the extrordinary powers which the President is in the habit of employing are sufficient to enable him to make a remedial decree in the premises, if he shall be disposed to do so.

I intended to have opened the matter to Mr. Seijas, in the sense above suggested, on Saturday, the 10th instant, and called twice at the foreign ministry without finding him in. As soon as practicable after the dispatch of the present mail, I purpose bringing the matter to his attention, and fully expect to have something further to communicate on the subject by the next succeeding mail.

I am, &c.,

JEHU BAKER.