No. 426.
Mr. Bayard to Mr. Muruaga.

Sir: In view of the decision of the Spanish Government that discriminating and higher duties will continue to be imposed and collected upon foreign products shipped from the United States to the Antilles in vessels of the United States, I have the honor to state that the President has no alternative but to revoke the proclamation of his predecessor of February 14, 1884, which declared that on and after the 1st day of March, 1884, so long as the products of and articles proceeding from the United States, imported into the islands of Cuba and Porto Rico should be exempt from discriminating customs duties, any such duties on the products of and articles proceeding from Cuba and Porto Rico, under the Spanish flag, would be suspended and discontinued.

[Page 835]

This revocation, proclaimed on the 13th instant, is to take effect on the 25th instant, thus giving reasonable notice to all interested.

Our minister at Madrid has been instructed to inform his Excellency the Spanish minister of foreign affairs of the issuing of the said proclamation, and to express the great regret of this Government that the action of that of Spain should have compelled the President most reluctantly to this unavoidable decision.

I take leave to express the earnest hope that a prompt adjustment of trade regulations between the Spanish West Indies and the United States may remove these discriminations against commerce and navigation, which are assuredly against the interests of friendly countries, whose close contiguity creates especial reasons for unobstructed intercourse.

I have the honor to inclose six copies of the President’s proclamation.

Renewing an expression of my hopes that the late agreement of February, 1884, may be yet mutually executed for the obvious advantage of the Governments we respectively serve,

I am, &c.,

T. F. BAYARD.
[Inclosure in note of October 14.]

by the president of the united states of america.

A PROCLAMATION.

Whereas, by a proclamation of the President of the United States, dated the fourteenth day of February, in the year eighteen hundred and eighty-four, upon evidence then appearing satisfactory to him that the Government of Spain had abolished the discriminating customs duty theretofore imposed upon the products of, and articles proceeding from, the United States of America, imported into the Islands of Cuba and Porto Rico, such abolition to take effect on and after the first day of March of said year eighteen hundred and eighty-four, and by virtue of the authority vested in him by section four thousand two hundred and twenty-eight of the Revised Statutes of the United States, the President did thereby declare and proclaim that on and after the said first day of March, eighteen hundred and eighty-four, so long as the products of, and articles proceeding from, the United States, imported into the Islands of Cuba and Porto Rico, should be exempt from discriminating customs duties, any such duties on the products of, and articles proceeding from, Cuba and Porto Rico under the Spanish flag should be suspended and discontinued;

And whereas, by Article I of the Commercial Agreement signed at Madrid the thirteenth day of February, eighteen hundred and eighty-four, it was stipulated and provided that “the duties of the third column of the customs tariffs of Cuba and Porto Rico, which implies the suppression of the differential flag duty,” should at once be applied to the products of, and articles proceeding from, the United States of America;

And whereas the complete suppression of the differential flag duty in respect of all vessels of the United States and their cargoes entering the ports of Cuba and Porto Rico is, by the terms of the said agreement, expressly made the consideration for the exercise of the authority conferred upon the President in respect of the suspension of the collection of foreign discriminating duties of tonnage and imposts upon merchandise brought within the United States from Cuba and Porto Rico in Spanish vessels, by said section four thousand two hundred and twenty-eight of the Revised Statutes, which section reads as follows:

Sec. 4228. Upon satisfactory proof being given to the President, by the government of any foreign nation, that no discriminating duties of tonnage or imposts are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the President may issue his proclamation, declaring that the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respects the vessels of such foreign nation, and the produce, manufacturers, or merchandise imported into, the United States from such foreign nation, or from any other foreign country; the suspension to take effect from the time of such notification being given [Page 836] to the President, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, shall be continued, and no longer.

And, whereas proof is given to me that such complete suppression of the differential flag duty in respect of vessels of the United States and their cargoes entering the ports of Cuba and Porto Rico has not” in fact been secured, but that, notwithstanding the said agreement dated at Madrid, February 13, 1884, and in contravention thereof as well as of the provisions of the said section 4,228 of the Revised Statutes, higher and discriminating duties continue to be imposed and levied in said ports upon certain produce, manufactures, or merchandise imported into said ports from the United States, or from any foreign country in vessels of the United States, than is imposed and levied on the like produce, manufactures, or merchandise carried ports in Spanish vessels:

Now, therefore, I, Grover Cleveland, President of the United States of America, in execution of the aforesaid section 4,228, of the Revised Statutes, do hereby revoke the suspension of the discriminating customs imposed and levied in the ports of the United States on the products of and articles proceeding under the Spanish flag from Cuba and Port Rico, which is set forth and contained in the aforesaid proclamation dated the fourteenth day of February, eighteen hundred and eighty-four, this revocation of said proclamation to take effect on and after the twenty-fifth day of October instant.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.


[l. s.]
GROVER CLEVELAND.

By the President:
T. F. Bayard,
Secretary of State,