No. 20.
Mr. Purrington to Mr. Fish.
United
States Legation,
Rio de
Janeiro, November 30, 1875.
(Received Feb. 21, 1876.)
No. 297.]Sir: I have the honor to inform you that a new, or
at least a formal construction has been placed upon the custom-house
regulations of this port in regard to friendly ships of war therein; and as
it has probably grown out of a controversy between our squadron and the
inspector of customs, which there is reason to believe may be laid before
the Navy Department, I have thought it proper to explain as briefly as
possible the circumstances connected therewith.
Since the difficulty of two years ago, alluded to by Mr. Shannon in his No.
151, private stores have been dispatched free of duty; as a rule in the
admiral’s absence from Rio de Janeiro, they have been given up on the order
of Paymaster A. W. Bacon, and, as a matter of practice, even in the
admiral’s presence.
In the latter part of August certain cigars for the Brooklyn, and addressed
as usual in the care of Mr. Bacon, as naval storekeeper, were refused free
dispatch on his (Bacon’s) request, the inspector, as bound to do in
strictness, asking the admiral’s request, on receipt of which the cigars
were to be delivered. On the contrary, the request was returned briefly
indorsed, “not possible.”
The Brooklyn being about to sail, in order to obtain the cigars, which,
however, were not delivered in time, the duties were paid under protest and
the case referred by the admiral to the legation in a note, of which
inclosure 1 is a copy.
Calling at the foreign office in the absence of the minister, I stated the
case to Baron de Cabo Frio, director-general, who requested me to restate it
in an unofficial note.
Alter some days a verbal message was sent me declining the request, on the
ground that private goods in private vessels were not exempt from duty.
The same day wine was dispatched free of duty for the French vessel “Vénus”
on the request of the minister.
Partly because this favor to the French was a flat contradiction of the
principle, and partly because our officers complained that they knew not
what might be imported by them duty free, and that in the then state of
affairs they were subject to the variable decisions of the inspector, I
addressed an official note, of which inclosure 2 is a copy,
[Page 23]
simply asking whether a new construction of the
rule had been made or if the favor was no longer extended. I also verbally
explained that under the principle advanced the entire table of officers
would be taxed, since they commuted their rations and purchased their own
mess-stores.
In the first instance, H. E. Baron de Cotegipe, who referred it to himself as
minister of finance as well as of state, inclined to even go so far as to
put naval officers on the same footing with secretaries of legation and
attachés, who do not import goods free of duty.
At length he gave the decision of which inclosure 3 contains two copies and a
translation.
I should not have alluded to this matter were it not that the peculiar course
of the inspector in several cases, now happily arranged, has caused, not
unnaturally, a little irritation on the part of some of those interested,
and I have understood that the matter would be directly or indirectly
referred to Washington, and also because I presumed the rule of Brazil in
this matter might be known with advantage at the Treasury Department.
I have, &c.,
[Inclosure 1 in No. 297.]
Rear-Admiral Le Roy
to Mr. Purrington.
United
States Flag Ship Brooklyn, 2d
Rate,
Rio de Janeiro,
Brazil, September 4,
1875.
Sir: The inspector of customs of this port has
refused to pass free of duty 4,000 cigars which belong to the officers
of this squadron; according to the laws of this country, and precedent,
all articles for the use of the diplomatic corps and for the squadrons
of friendly powers shall pass free upon application of the minister or
chief of squadron. As this vessel is to leave this port at an early day,
these officers preferred paying the duty of Rs. 101||620 rather than
leave their property behind; but I have to ask your attention to the
matter, that the money may be refunded. I should also be obliged to you
if you will have the question whether or not the officers of the Navy of
the United States can have their property pass free of duty at all times
definitely determined.
In my absence, I would be obliged to you if you will communicate any
information you may obtain regarding the matter to Paymaster Bacon, who
is familiar with the subject.
Very respectfully,
- WM. E. LE ROY,
Rear-Admiral
Commanding U. S. Naval Force South American
Station. - Hon. W. A. Purrington,
Chargé d’ Affaires United States, Rio de
Janeiro, Brazil.
[Inclosure 2 in No. 297.]
Mr. Purrington to
His Excellency Baron de
Cotegipe.
United
States Legation in Brazil,
Rio de
Janeiro, September 21,
1875.
The undersigned, secretary of legation and chargé d’affaires ad interim, having received from Rear-Admiral Le
Roy, commanding the United States naval force on the South Atlantic
station, a letter stating that certain cigars, purchased and intended
for the use of officers of his squadron and forming part of their
stores, had been held for duty at the custom-house, and asking that the
legation would inform him if the favor hitherto extended to ships of war
in this respect was to be discontinued, has the honor to ask that his
excellency the minister and secretary of state for foreign affairs will
have the kindness to inform him whether any repeal or new construction
of the custom-house regulations has been made of such a nature that the
favor hitherto extended to the officers and crew of war-vessels of
friendly nations, of importing mess-stores free of duty, exists no
longer, and whether, in the future, wines, cigars, and other such stores
for naval officers are to pay duty.
[Page 24]
If no such repeal or construction of the regulations has been made, the
undersigned begs that the inspector of customs may be so informed.
And the undersigned avails himself of this opportunity to renew to his
excellency the minister and secretary of state for foreign affairs the
assurances of his highest consideration and esteem.
His Excellency Baron de Cotegipe,
Minister and Secretary of State for Foreign
Affairs.
[Inclosure 3 in No.
297—Translation.]
Baron de Cotegipe
to Baron de Cotegipe.
Rio de
Janeiro, October 30,
1875.
Most Illustrious and Excellent Senhor: As it
appears that certain doubts have arisen between some of the foreign
legations and the custom-house of this district concerning the true
meaning of article 4, section 8, of the preliminary dispositions of the
tariff, the one party holding and understanding that the exemption from
duties there conceded to goods and objects imported for the use of ships
of war of friendly nations, and of their equipments, which shall arrive
in the transports of the respective states, in packets or in
merchant-vessels, is extended to wines, cigars, and other objects
destined for the use of the officers of said vessels, of whose equipment
they form part, and desiring to fix the interpretation of the said
section 8 so that the intentions of the regulations may retain their
force, neither limiting the favors and privileges authorized to the
men-of-war of friendly nations, nor giving them an extent not compatible
with the interests of the revenue, I have resolved to declare under this
date to the consular inspector of the said custom-house that the
exemption from duties granted by the said article 4, section 8, of the
preliminary dispositions of the tariff comprehends:
- First. Warlike articles and munitions of war.
- Second. Implements, apparatus, instruments, and naval
munitions.
- Third. Provisions, articles of uniform, clothing for the crew,
and other objects such as are customarily furnished by the state
in rations, either by list daily or for a fixed time, when they
shall be forwarded by their respective governments or by its
naval administration, destined for the squadron or war-ships,
and not exceeding a quantity necessary for a six months’
supply.
- Fourth. Objects for the uniform and arms of the officers on
board, instruments of their profession, books, maps, and prints
(impresos) imported in their
names.
- Fifth. Wine imported for the use of the officers on board,
provided that it does not exceed the quantity fixed by the
annexed table, and that no more shall be received at one time
than sufficient for a three months’ supply in proportion to the
entire amount. All other goods and objects not herein mentioned,
and all quantities exceeding those fixed in the table mentioned,
shall pay duty under the tariff in force as though they were not
for the officers and crews of foreign war-vessels. Requests for
free dispatch may be made only by the legation or by the chief
of the naval station, or, in their absence, by the commanders of
war-vessels; and the directions indicated at the end of the
opinion of January 24, 1874, from the treasury to the ministry
under the charge of your excellency being observed, the goods
referred to may be sent from their place of deposit, or from the
ship in which they were imported, on board of that for which
they are intended.
I beg that your excellency will communicate this by circular to the
foreign legations at this court, so that they may not only have all
consideration for the rules established for the concession of this
favor, but that, in the interest of the customs-service, they may
facilitate the prompt delivery of the goods whose free dispatch is
asked, by giving the necessary information concerning the shipment,
character, and destination of the respective articles.
God save your excellency.
His Excellency the Minister and Secretary of
State for Foreign Affairs.
[Inclosure 1 in inclosure 3 in No.
297.]
Table of the quantity of wine for chiefs and
officers to which free dispatch is granted and of which the opinion
of the ministry of foreign affairs of this date treats.
|
Litres. |
| To the chief of naval station |
2,000 |
| To the captain and other officers to the post of
lieutenant |
1,000 |
| To the lieutenants and other officers |
500 |
Treasury
Department, October 30, 1875
JOSÉ SEVERIANO DA ROCHA.
[Page 25]
[Inclosure 2 in inclosure 3 in No.
297.]
Extract from the ministry of finance, January
24, 1875, referred to in that of October 30,
1875.
* * * * * * *
Still desiring to facilitate, as far as compatible with the revenue and
the service of the navy of friendly powers, the dispatch of goods and
objects from the custom house of this district, which shall come in
packets or merchant-ships for foreign vessels, and also giving warning
of the inconvenience that may result from the delay of the proper
documents on the part of the respective governments, I hereby authorize
the counselor-inspector from this date to grant, without prejudice from
the revenue, (fiscalisação,) free dispatch to
goods and objects which chiefs of foreign legations accredited to this
court shall officially declare to him are intended for the consumption
of the naval forces of their respective nations, indicating their place
of shipment, the vessel transporting them, and the quality, quantity,
contents, and marks of the respective packages.
And, since in the project of a new tariff there is admitted for this
purpose the request of the chief of naval station, I, from this date,
allow this practice.
