No. 389.
Mr. Comly to Mr. Evarts.

No. 120.]

Sir: Referring to your No. 61, inclosing a letter from Secretary Sherman, making inquiries as to the large importations of foreign rice in the Hawaiian Islands, and whether all proper precautions are taken to prevent the export of such rice to the United States from here as the product of the Hawaiian Islands, I have the honor to report:

I have given my attention to this business from the first (vide dispatch No. 75*) as one of great importance to American interests, whether such rice was brought here for export or not; for, in effect, it acts simply as a release for the same quantity of Hawaiian rice, to be exported to the United States free. Whether the foreign rice is taken there, or it releases that much Hawaiian rice to be taken there, would seem to be about “six of one and half a dozen of the other.” The increase in the import of rice for the first quarter of 1880 was made the subject of urgent representations to different members of the cabinet, in conversations which I had with them, and also with Mr. Henry A. P. Carter, late minister for foreign affairs, envoy extraordinary and minister plenipotentiary to England, Germany, &c., and others not necessary to name. The still greater increase for the second quarter emphasized my representations, the total imports for six months being over a million pounds.

I may as well say at the outset that there is no reason to suspect that any of this foreign rice is or will be exported as Hawaiian rice. It is all fed to the laborers on the plantations, who prefer it to the better and [Page 607] more costly Hawaiian rice. The Hawaiian rice is a different species. It is much larger, finer, better, and different in shape and appearance. I have no hesitation in affirming that I, myself, being no expert, can pick out the Hawaiian grains from a quantity of mixed rice, as fast as I could pick out grains of wheat from mixed grains of wheat, rye, and oats.

The points I have insisted upon in my representations, therefore, have been chiefly these: That these large importations must necessarily be looked upon by United States officials and public as a constant menace of such frauds, whether reasonably or without reason; and that, as above set forth, it made very little practical difference whether this very same rice, grain for grain, were sent to us, or only released Hawaiian rice to go in its place, free of the duty the foreign rice would have paid into the United States Treasury. I claimed that we were not only practically defrauded out of the revenue on this foreign rice, but that we were made use of to add that much more to the Hawaiian revenues, the Hawaiian Government, as matter of fact, receiving 1½ cents on every pound of this foreign rice, and sending us pound for pound in Hawaiian rice free of duty. The result of the interview, in almost every case, is the expression of regret that rice was put in the treaty at all.

I am told that there is neither Hawaiian nor any other capital or labor but Chinese invested in rice here. It is totally in the hands of the Chinese.

The sugar planters would all prefer to have Hawaiian rice pay duty in the United States, and have their own purchases of Chinese, Japanese, or East Indian rice freed from the Hawaiian duties. This would bring down the cost of their own supplies, and would make even Hawaiian rice cheaper in the home market, for the price of the home product depends upon San Francisco, at present.

As the result of various informal interviews and conferences, not only with officials but merchants, planters, and the like, a bill was finally drawn up (by Mr. Carter, I believe), which provides for a tariff of 2½ cents per pound upon all rice imported into this kingdom, an amount supposed to be prohibitory, in fact, though by the British claimed to be so only as to East Indian rice.

At the same time I sent, by suggestion, the letter, Inclosure No. 1, herewith, and received the reply Inclosure No. 2. I also fully informed Vice-Consul Hastings of the subject of this report, and asked certain details of him. His report, Inclosure No. 3, is so full and clear, that it seems unnecessary to go over the ground again. I desire to incorporate it as part of my dispatch, fully approving it as if written so.

The rice bill passed to a second reading without objection, and the ministry hoped to get it through at once, but on second reading Mr. Castle, a noble, and a merchant interested in the importation of rice (see letter of Castle and Cooke, appended to Mr. Hastings’ report), who had not been “posted”, arose and asked questions, and finally moved and carried a select committee of reference, where the bill still lies.

* * * * * * *

The English vice-consul, Mr. Davies, also came to see me, a merchant, largely interested. It was his ship that brought in over 100,000 pounds of East Indian rice, on July 4.* * * I told Mr. Davies that taxation is an incident of sovereignty, and if the British could dictate how much tariff the Hawaiian Government should put upon rice, or any other article not specified in some treaty already made, then Great Britain was the real sovereign of these islands, and the Hawaiian Kingdom was not an independent sovereignty.

He wanted to know whether the United States would not be satisfied [Page 608] with a strict system of Hawaiian excise, like the barley malt excise of Great Britain, which would insure that none of the foreign rice should be exported to the United States.

* * * * * * *

I have no means of forming any conjecture as to what may be accomplished to prevent so large an importation of foreign rice; but I am convinced beyond doubt that none of it ever can or will be exported to the United States as Hawaiian rice.

I have, &c.,

JAMES M. COMLY.
[Inclosure 1 in No. 120.]

Mr. Comly to Mr. Kapena.

Sir: I have the honor to inform your excellency that I am in receipt of further instructions from the State Department, under date of May 25, in regard to suspected evasions of customs duties on rice, fraudulently shipped as the growth and produce of the Hawaiian Islands.

The large importations of foreign rice for the use of the Hawaiian Islands, while your own rice is still more largely exported free of duty to the United States, is looked upon by the Treasury officials as a constant menace to the faithful observance of the treaty stipulations.

I make no suggestions in the premises, trusting that His Majesty’s Government will constantly aid in preventing frauds on the United States revenue, and, if possible, take measures to remove even causes for first apprehension, so far as may be.

Renewing the assurances of my high consideration and respect,

I am, &c.,

JAMES M. COMLY.
[Inclosure 2 in No. 120.]

Mr. Kapena to Mr. Comly.

Sir: I have the honor to acknowledge the receipt of your dispatch No. 175, dated 17th instant, informing therein “that you are in receipt of further instructions from the State Department, under date of May 25, in regard to suspected evasions of customs duties on rice, fraudulently shipped as the growth and produce of the Hawaiian Islands.”

At the earliest opportunity I will lay your said dispatch before my colleagues, with the view of taking such measures in the premises “to remove even causes of apprehension,” as alluded to in your (now acknowledged) communication. An early reply will be sent to you.

Renewing the assurances of my highest respect and distinguished consideration,

I have, &c.,

JNO. M. KAPENA.
[Inclosure 3 in No. 120.]

Mr. Hastings to Mr. Comly.

Sir: With reference to the subject of dispatch No. 61, and inclosure, addressed to you by the honorable Secretary of State, referred to me on the 17th instant, in compliance with the request made at the time, I have the honor, most respectfully, to submit the following in regard to the importation of foreign rice into the ports of this [Page 609] kingdom, and of the practicability of its exportation hence as the product of these islands, thereby defrauding, the United States revenue.

This subject has been almost constantly before this office during the past three years. Attention was first called to it by Special Agent J. F. Evans, of the Treasury Department, under date of September 1, 1877. Mr. Evans then submitted a series of interrogatories in regard to the importation and exportation of sugar and rice at this port, for the use of a commission appointed by the President to investigate the customs service at the port of San Francisco, which commission, he reported, was also charged to make inquiries relative to the operation of the treaty of reciprocity between the United States and Hawaiian Islands.

The questions were replied to by Dr. Scott, then consul, aud as a number of them relate to the subject of the letter of the honorable Secretary of the Treasury (accompanying your No. 61), I append extracts herewith and copies of accompanying letters, marked Appendix A.

The subject was again brought to the attention of this office by a communication from your excellency dated May 28, 1879, which was replied to on the 30th of the same month, to which reply I would most respectfully beg to refer.*

The practice of issuiug invoice certificates at this office is the same as described by Consul Scott in the reply to query IX in the accompanying appendix (A).

It is true that “there seems to be room for fraud in the importation of rice from other countries (to the United States) via the Hawaiian Islands, and entered as the growth, &c., of those islands,” but the reasons that may be given why, in the opinion of this office, it is not done or that no attempts have been known to have been made in that direction may be stated as follows:

1st.
The well-known difference existing between Hawaiian and other rice in size, shape, &c., make detection almost certain at any port of entry in the United States.
2d.
Those interested here in the cultivation, cleaning, and shipping of rice, knowing that the commission of such frauds under the treaty might be a strong argument in favor of its abrogation, and, consequently, the i emission of duties of Hawaiian rice at the ports of the United States would cease, are continually on the alert to observe that such a scheme is not attempted.
3d.
It will not pay. Chinese and other rice can be bought in San Francisco or any other United States port cheaper than they can be brought here, landed, and re-exported thence. Presuming that a scheme could be carried into effect whereby such rices as are imported here could be re exported as No. 1, Hawaiian (the only kind exported), buyers in San Francisco or elsewhere would hardly be supposed to pay 6 or 6½ cents a pound for a rice they know can be purchased there for 3½ cents. To make such a scheme profitable it would not only be necessary to make the United States officials at this port and the port of entry believe the article to be Hawaiian product, but also the purchaser. Considering the difference existing between the foreign and the island product, this would be no easy matter.

On several occasions when large quantities of rice have been landed here, I have been well informed as to its whereabouts and intended destination, not only by personal observation, but through the Hawaiian customs officials here.

The importation of rice here since the treaty went into operation (September, 1876) has largely increased, as the following table will show:

Years. Duty paid. Value. Bonded. Value.
Pounds. Pounds.
1875 400 $8 00
1876 21,713 494 00 20,000 $480 00
1877 928,806 24,874 00
1878 541,075 15,823 11
1879 761,481 22,394 57 265,532 4,806 00
Totals 2,253,475 63,593 68 285,532 5,286 00

[Page 610]

The imports of rice for the first six months of the present year are as follows:

Whence imported. Pounds. Value.
duty paid.
Japanese 69,147 $1,566 76
British colonies 4,210 127 70
Chinese 640,239 16,840 02
Siam 20,000 500 00
bonded
Chinese 203,262 5,562 29
Total 936,858 24,596 77

The arrival of the British ship City of Madrid on the 4th instant, with 100,000 pounds of rice from British Burmah, Aia Liverpool, swells the numher of pounds of foreign rice imported thus far during the present year to 1,086,85b pounds. Judging from these figures the importations of foreign rice for the year 1880 will he more than double those of any preceding year since 1875. It will, therefore, he seen that the merchants here have been, and are still, importing yearly large quantities of foreign rice, not for re-exportation as island product, however, as has heen suspected, for it is far more profitahle to import it for consumption and export the home product. The former could hardly he done without detection either here or at the port of entry in the United States, while the latter is a safe business. Chinese, Japanese, and East India rice can he imported here direct, or via San Francisco, and sold at a profit to the planters and other consumers for 4½ cents per pound, while the Hawaiian, No. 1, sells for 5 to 6 cents per pound here.

The total yearly production of rice on these islands is not given, as it is difficult to calculate on the amount consumed yearly.

The exportation of this staple for the year 1879 amounted to 4,792,813 pounds, nearly all of which was sent to San Francisco. Of paddy, only 38,815 pounds were exported, all of which went to the same port.

The consumption of rice on the islands is variously estimated. From the numher of Chinese among the population it would seem that 8,000,000 pounds for 1879 would he a fair estimate. This would he 3,168,372 pounds in excess of the total amount of rice and paddy exported.

The importation for 1879, duty paid and bonded, amounted to 1,027,013 pounds. According to these figures the total production of rice on the islands for 1879 may be estimated at 11,804,615 pounds, such amount being obtained as follows:

Pounds.
Estimated amount of home consumption 8,000,000
Deduct importation of foreign rice 1,027,013
6,972,987
Amount of rice and paddy exported 4,831,628
Estimated total product 11,804,615

It was estimated that the acreage of rice lands under cultivation in 1879 would yield a crop for that year of about 5,900 tons (11,800,000 pounds). It would therefore appear that the foregoing estimate is not far from correct.

The crop for 1880 will not show a marked increase over this amount, but for 1881, judging from leases lately made of rice lands on this island (Oahu) and Kanai, the product for that year may reach 6,500 tons. It is quite probable, however, that the exportation of rice from these islands will increase in proportion to the amount of foreign rice imported, as it has been shown that the latter takes the place of the home product as an article for consumption.

I have, &c.,

FRANK P. HASTINGS,
United States Vice-Consul.
[Page 611]
[Inclosure in Mr. Hastings’ dispatch to Mr Comly.]

APPENDIX A.

Extracts from answers to interrogatories, propounded by J. T. Evans, special agent Treasury Department, to Jas. Scott, United States consul, Honolulu.

[Vide Consul Scott’s letter of September 25, 1877.]

Query II. Is it possible under the existing usages of trade for rice and sugar imported from this country to the islands to be re-exported hither as the products of the islands?

Answer. I think it highly improbable under the existing usages of trade that rice or sugar could be imported from the United States or other countries to these islands, and be re-exported to the United States as the productof the islands, without detection.

As I am advised not only by the presentation of landing certificates for all goods landed from the United States in bond, but by the publications in our papers of the manifests of cargoes landed here from all countries, I am satisfied that sugars and rice could not be imported under the usages of trade here without my cognizance. All importations to these islands, except occasionally a cargo of lumber and coal at Lahaa-na and Hilo, are entered at this port. I have been careful since the ratification of the treaty to watch the importation and disposition of goods included in the schedule of Article II of the treaty.

I have every reason to believe that the China, Japan, and India rice, named in my answer to interrogatory No. 1, has been or is being consumed on the islands.

The Japan, India, and China rice imported here differs in size, shape, and color from the Hawaiian rice, and can easily be distinguished by a partially practiced eye. Should it ever be exported to the United States in Hawaiian packages, it could hardly fail detection at the port of entry.

As there is but a fraction of a cent difference between the cost of the Japan and India rice per pound when landed here, and second class Hawaiian rice, which is better than the imported, it would not more than pay to reship it to the United States, leaving out of the question the great risk of detection.

I addressed notes, when I received your interrogatories, to Messrs. C. Brewer & Co., Castle & Cooke, and H. Hackfeld & Co., all highly respectable merchants of this city, and the principal importers of the rice named. I inclose herewith copies of the notes and answers marked Nos. 1, 2, 3, and 4.

Query IX. What is your practice in issuing export certificates to the United States, and upon what information are they granted?

Answer. My practice of issuing export or invoice certificates of goods exported to the United States is as follows:

I require the shipper, producer, manufacturer, or owner, or their agents, to produce their invoices at this office in person, and make declaration over their signatures to their correctness. If I have any doubt about the correctness of the declaration I put them on their oath, or satisfy myself by inquiry or investigation as to their correctness, then adding my certificate.

This is my practice in case of invoices not covering goods included in the reciprocity treaty. I require the shipper, producer, manufacturer, or owner, or their agents, in addition to the foregoing, to take and subscribe, in triplicate, the oath herewith inclosed, marked No. 5, which are attached to the triplicate invoices. Of course if I suspect fraud in any case I notify the Treasury Department and collector of customs of the port at which the goods are intended to be entered.

[Inclosure 1 accompanying Appendix A.]

Circular letter of Mr. Consul Scott to several Hawaiian mercantile houses.

Gentlemen: Your house has been importing a considerable amount of foreign rice.

Will it be asking you too much to state to me why foreign rice is imported into this kingdom, while a large quantity of rice is raised in and exported from the kingdom.

I am, gentlemen, &c.,

J. SCOTT,
United States Consul.
[Page 612]
[Inclosure 2 accompanying Appendix A.]

Messrs. Brewer & Co. to Mr. Scott

Dear Sir: We have to acknowledge the receipt of your letter of this date inquiring of us “why foreign rice is imported into this kingdom, while a large quantity of rice is raised in and exported from this kingdom.”

In reply to the same, we would state that the reason is simply because we can import and sell here, so as to leave a margin, by selling at the same rate as the same quality of Hawaiian rice is sold for, and is preferred by Chinamen on the plantations who consume it.

As it may be of interest to you, we give below the cost of 50 tons Japan rice (equal to second-quality Hawaiian grown) lately imported by us:

Cost of 100,000 pounds Japan rice bought in bond in San Francisco, including charges.

Carting and commissions for purchasing $3,317 41
Freight at $5 per ton & priming $262.50; wharfage, $12.50 275 00
Carting to store, $25; debenture certificate, $5 30 00
Import duties 10 per cent., $331.74; custom-house stamp, $2.50 334 24
Total cost laid down 3,956 65

By this you will observe the cost of the rice is to us about 4 cents per pound, which is less than we can purchase second-quality Hawaiian rice for, that being sold here , for 4⅛ cents to 4½ cents.

This rice we sell here to our sugar plantations at 4¼ cents per pound, thus making a fair profit besides making freight for our vessels, and if we sell at 4 cents we should be satisfied with earning our freight.

We are of the opinion that the Hawaiian rice-growers prefer to polish their rice for table use, as it pays better and it is not liked as well by the Chinamen, who consume most of the imported rice.

We remain, &c.,

C. BREWER & CO.
[Inclosure 3 accompanying Appendix A.]

Messrs. Castle & Cooke to Mr. Scott.

Dear Sir: Your favor of the 29th ultimo, asking for information in regard to our importation of foreign rice, is at hand and noticed in full. In reply we would say, our attention was called last November to the low price of Japan rice in bond in San Francisco by commercial papers of that city, and having a vessel up for this port from there, directed a shipment of 200 mats, if to be had, at the quotation 3 cents per pound. This rice was shipped at the time and landed at Honolulu at a cost of 3¾ cents per pound, duty paid. Hawaiian rice was selling then at 4½ cents per pound. We were thus able to sell at a less price than we could buy Hawaiian, besides securing freight for our vessel from San Francisco.

We have imported of this Japan rice thus far 1,400 mats (35 tons), the bulk of which has been sold for consumption on the various plantations of these islands, and the balance in small quantities (say one to ten mats) for consumption in Honolulu by servants and families.

If considered necessary we can show schooner receipts of delivery of the above rice to the various plantations sold to.

You will observe, therefore, that we import Japan rice because we can sell it here to the plantations cheaper than Hawaiian, making thereby not only a profit to ourselves, but also secure so much additional freight for our vessel from San Francisco. Should Japan rice advance ½ cent per pound in San Francisco, or Hawaiian rice fall here ½ cent per pound, we should not import the rice.

Trusting that the above will meet your requirements,

We remain, &c.,

CASTLE & COOKE.
[Page 613]
[Inclosure 4, accompanying Appendix A.]

Messrs. H. Hackfeld & Co. to Mr. Scott.

Sir: We have the honor to acknowledge the receipt of your letter of this date, stating that onr “house has been importing a considerable amount of foreign rice,” and asking us to state to you “why foreign rice is imported into this kingdom while a large quantity of rice is raised in and exported from the kingdom.”

In reply we beg to say that the reason why foreign rice is imported here, is that it can be laid down cheaper here for home consumption than the Hawaiian product, owing partly to the inferior quality of the foreign rice thus imported, and partly, and we may say principally, to the fact that Hawaiian rice is admitted duty free to the United States under the treaty of commercial reciprocity, and hence commands an increased value in this market.

H. HACKFELD & CO.
  1. See Foreign Relations, 1879, p. 529, et seq.
  2. See inclosure No. 8 with my dispatch No. 75, for copy of Mr. Hastings’ reply.—J. M. C.