No. 979.
Mr. Bayard
to Mr. Curry.
Department
of State,
Washington, February 11,
1888.
No. 266.]Sir: Referring to my No. 262, of the 26th ultimo,
concerning the discriminating duty levied at Zaza, Cuba, upon the American
brig J. W. Parker, I inclose a dispatch from our
consul at Cienfuegos relating to the subject.
I am, etc.,
[Page 1434]
[Inclosure 1 in No. 266.]
Mr. Ehninger to Mr.
Rives.
United
States Consulate,
Cienfuegos, January 18,
1888.
No. 58.]Sir: I have the honor to report that the
American brig J. W. Parker, John W. Kane, master,
arrived at the port of Tanas de Zaza (a dependency of this consulate),
early last month proceeding from the island of Puerto Rico, in ballast,
and after loading at that port a cargo for the United States, the
customs authorities, before allowing her to clear, enforced the payment
of tonnage dues at the rate of $1 per ton of register, this being the
rate according to the tariff laws of 1870 for vessels arriving in
ballast and leaving loaded. These tariff laws were modified in 1883 with
respect to Spanish vessels arriving at ports in the island of Cuba, from
ports in the peninsula of Spain, or colonial possessions thereof, which
vessels are by the modification subject to the payment of tonnage dues
at the rate of 25 cents per ton of cargo exported.
The island of Puerto Rico being a Spanish possession, the modification of
tariff referred to applies to Spanish vessels proceeding from its ports
to those of Cuba; and as by the agreement signed at Washington on
September 21, 1887, no discriminating duties are to be levied on vessels
of the United States coming to ports of Cuba from those levied on
Spanish vessels, it follows that the exaction of a rate of tonnage duty
in the case of the J. W. Parker, different from
that which would have been levied on a Spanish vessel under similar
circumstances, is a direct violation of the agreement alluded to.
The master of the John W. Parker appealed for his
rights through the United States consular agent at Zaza, but being
refused them, had to pay the duty as exacted (viz, at the rate of $l per
ton of register). He entered a protest (copy of which I have the honor
to inclose herewith) and cleared with his vessel for the United
States.
I have, etc.,
[Inclosure 2 in No. 266.]
Protest of Mr. Kane.
United
States Consular Agency,
Zaza, December 27,
1887.
This day before me the undersigned, consular agent of the United States
for Tunas de Zaza, personally appeared John W. Kane, master and owner of
the American brig J. W. Parker, of the burden of
361.14 tons, or thereabouts, and declares as follows: That on or about
the 7th day of November. 1887, he arrived with his vessel at the port of
Viques, in the island of Puerto Rico, and after discharging a cargo of
provisions proceeding from the United States, he proceeded to the port
of Zaza, in the island of Cuba, in ballast, arriving there on the 5th
day of December, 1887. That in Zaza he took on board a cargo of 133,521
feet of cedar, 71,956 feet mahogany, 150 bags of sugar, and 100 hides,
and when loaded and ready to sail, on proceeding to pay the tonnage dues
the custom-house authorities exacted payment of the same at the rate of
$1 per ton of register, being a different rate from that charged to
Spanish vessels arriving from possessions of Spain, which are charged at
the rate of 25 cents per ton of cargo on outward cargo, and inasmuch as
the agreement entered into between the United States of America and
Spain on the 21st day of September, 1887, stipulates that no
discriminating duties shall be levied upon American vessels, he
considers that the exacting of the payment of tonnage dues at the rate
of $1 per ton of register in his case is a violation of the agreement
aforesaid; wherefore he, the said John W. Kane, does hereby solemnly
protest, and I, the said consular agent of the United States of America,
at his special instance and request, do join him in protesting against
the payment of the said charge of $1 per ton of register, and against
the customs authorities of this port of Zaza for the enforcement of the
same, and against all and every person and thing concerned in the
enforcement of the same, believing it to be an unjust and unlawful
charge, and that the same ought to be refunded by the said Customs
authorities to the extent of the excess collected over and above the
rate of 25 cents per ton of cargo, the same as is collected of Spanish
vessels under similar circumstances.
In testimony whereof the said John W. Kane has hereunto subscribed his
name, and I, the said consular agent, have set my hand and affixed my
seal of office the day and year above written.
[
seal.]
Sinesio R. Ballesta,
United States
Consular Agent.
John W. Kane,
Master
of brig J. W. Parker.
