Mr. Taylor to Mr.
Gresham.
Legation of the United States,
Madrid, May 24, 1894.
(Received June 7.)
No. 170.]Sir: Owing to pressing engagements in the
chambers the minister of state was unable, until yesterday, to give me
the promised interview as to the reciprocity arrangement. In the course
of the interview I again pressed upon him all the reasons set forth in
your No. 108 why the definite Spanish repertory of October 17, 1892,
should be put into immediate effect. The minister frankly accepted the
reasons and promised me to have an interview with the minister of
ultramar at once, in order to bring about the desired result. I then
passed to the contents of your No. 119, of the 10th instant, received
the morning of the interview, and earnestly requested that the order of
the minister of ultramar, restricting the importations of crude
petroleum to the ports of Havana and Baracoa, be revoked at once. The
minister agreed that the order was an improper one, promising at the
same time that he would do all that he could to have the difficulty
removed. At the end of the interview I at once sent you a cablegram,
stating the result, a copy of which please find on the overleaf. I have
to day directed to the minister of state two notes, embodying the
results of yesterday’s interview, copies of which please find inclosed
herein. As I have written you before, the minister of state insists that
I deal with the minister of ultramar only through his department, he in
turn undertaking to facilitate to the utmost of his power all business
transacted in that manner. I find him always ready to help me.
I am, etc.,
[Inclosnre 1 in No.
170.]
Mr. Taylor to
Mr. Moret.
Legation of the United States,
Madrid, May
24, 1894.
Excellency: I have the honor to inform you
that I have been directed by my Government, both by post and by
telegram, to respectfully urge upon you, and through you the
minister of ultramar, the imperative necessity of putting in force,
without further delay, the definitive repertory executed in Spanish
at Washington on the 17th of October, 1892, by the Secretary of
State of the United States, Mr. Foster, and the Spanish minister,
Señor Dupuy de Lome, under the reciprocity arrangement now existing
between the two nations. As your excellency well knows, the English,
version, executed at the same time, was through an inadvertence sent
to Spain instead of the Spanish version, and from that English
version has been made a faulty Spanish
[Page 609]
translation which has long been in force to
the serious detriment of American commerce as to which it has no
binding force whatever. This unauthorized and faulty translation is
infected with two serious infirmities. In the first place, some
articles expressly entitled to the benefits of the arrangement under
the authorized version are entirely omitted from the spurious
version. In the second place, endless confusion arises out of the
application of the spurious version by reason of the fact that the
names of many articles are mistranslated therein by literal
paraphrases instead of commercial terms. The following may be taken
as illustrations:
In the authorized Spanish version butter is properly described as manteca de vaca; in the spurious version as
manteca de cerdo (lard). Spirits of
turpentine, properly described by the Spanish commercial term aguarras, is literally translated in the
spurious version as espiritu de trementina;
knives for cutting cane in the same way are called cuehillos para cortar carta instead of machetes, etc.
In this way many articles clearly and distinctly entitled to the
benefits of the arrangement in the authorized Spanish version are
subjected to customs dues, confiscated, and sold, upon the ground
that they do not appear in the spurious version under which the
customs officials are now acting. In this way nearly all of the
cases now pending at Madrid for redress have arisen. It will hardly
be necessary for me to suggest that in the determination of these
cases the minister of ultramar will look of course only to the text
of the authorized Spanish version which was prepared with the
greatest care and deliberation. Your excellency knows that a copy of
that version duly attested and certified by the Spanish minister at
Washington has been in the possession of the Government at Madrid
for many months, and that a mere executive order will put it into
immediate force. Your excellency, in our interview of yesterday,
very frankly admitted that that course should be taken at once, and
I thank you for your promise to take immediate steps, in connection
with the minister of ultramar, so that the desired result may be
accomplished without further delay.
I seize, etc.,
[Inclosure 2 in No.
170.]
Mr. Taylor to
Mr. Moret.
Legation of the United States,
Madrid, May
24, 1894.
Excellency: In our interview of yesterday I
had the honor to call your attention to the fact that under a direct
order made by the minister of ultramar (circular of intendant
general, November 13, 1893), importations of crude petroleum from
the United States to Cuba have been restricted to the ports of
Havana and Baracoa. I further explained that under the reciprocity
arrangement “petroleum unrefined” (article No. 18) and “petroleum
refined” (article No. 26) are entitled, on the terms stated therein,
to entry “into all the established ports of entry of the Spanish
islands of Cuba and Puerto Rico.” It is unnecessary for me to
demonstrate by argument that the order of the minister of ultramar
is in direct violation of the arrangement, because your excellency
frankly admitted that fact. I thank you for your promise to confer
[Page 610]
with the minister of
ultramar and to use your good offices in having the order in
question revoked as soon as possible. It was evidently made through
inadvertence.
I seize, etc.,
