No. 77.

Mr. Wing to Mr. Fish

No. 64.]

Sir: By communication of date January 18, the United States consul at Guayaquil called my attention to “the regulations of the fire department at Guayaquil,” and remitted me a copy of the same.

Upon examination, I found that there were special clauses applying to foreign residents incompatible, in my judgment, with the general practice of nations, and not in accordance with the specific terms of the treaty existing between Ecuador and the United States.

Under these clauses it was within the election of foreign residents either to connect themselves with the fire department, thereby subjecting themselves to all its pains and penalties, or else to be mulcted in the sum of twenty-four dollars per year. In the first instance the fire department was based upon a semi-military organization, and absolute military service was the principal punishment of any violation of its rules. Hence a voluntary exposure to such a result could not consistently be expected of foreigners.

On the other hand, the “exemption tax,” as it was called, was only applicable to foreigners, and besides being exceedingly onerous in comparison with the native militaryexemption tax,” (which, being paid, practically exempted a native both from military and fire service,) it really assumed the shape of a penalty affixed to the non-performance of personal service upon the part of foreign residents.

Under the terms of section 7 of the treaty of 1839 between the United States and Ecuador, American citizens resident here “shall be subject to such general taxes and contributions as are or may be established by law.” “This certainly was no general tax;” within the purview of that article.

Under the spirit, if not the exact letter, of article 8 of same treaty, the citizens of the United States are entitled to compensation for the performance of any public or private service.

In this case, in place of receiving any compensation, they became liable to an absolute penalty in case such service was not fulfilled.

Moreover, is there not some doubt as to whether it would not be a special municipal tax instead of a “general tax,” in the treaty acceptation of the sense, even if it were levied upon foreigner and citizen alike? Personally, I regard the consideration rendered in the assurance given to property owners by the existence of a trained fire brigade, certainly sufficient to induce just and liberal foreign residents to contribute a proper support to it, when levied in the shape of a tax bearing equally upon citizen and alien, and not in the discriminative, exceptional, and somewhat offensive manner in which this Guayaquilian penal tax was provided to be enforced.

The day upon which I received Consul Weile’s communication I was waited upon by several of my diplomatic colleagues here, who were much exercised over the same matter.

Finally, they concluded to wait upon President Moreno in a body, and request the abrogation of the objectionable features of the regulations.

This I did not regard as judicious or proper for a number of reasons, but principally because such a step would have been a very formal one, and have assumed a shape not altogether palatable to a sensitive government.

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Moreover, no specific case had as yet arisen under the regulation calling for official interposition, and even if there had I could not see that a step so formal was requisite, at least until the usual forms of individual and separate representation and appeal to the minister of state had been unsuccessfully tried.

I am happy to be able to say that, although alone in my position at first, I eventually led all of my colleagues to agree with me and to relinquish a project which, in my opinion, no matter how effective it might have been in accomplishing the desired result, would naturally have left unpleasant impressions upon the memory of the President and his ministers.

It is pleasant to be able to add that subsequent events have vindicated my judgment as to the advantage of the usual and prescribed mode of address, and the promptitude with which the error would be rectified by this government.

On the following day I called privately upon Minister Leon, and, assuring him of my great desire to avoid any possibility that might give rise to a question of issue, I laid the matter of these “fire regulations” before him as one calculated to lead to trouble at some future time unless it was immediately looked into. Minister Leon was inclined to differ with me in my judgment of the legality of the clauses in question, but decided to bring them at once to the attention of the President.

On the subsequent morning he asked me to meet him, which I did at the hour appointed. His first proposition was to reduce the amount of the “penalty tax” on foreigners to the same figure as the “military exemption tax imposed on natives.” To this I demurred, on the ground that the payment of even one dollar would invalidate the principle for which I contended; and, moreover, that there was no objection urged to the amount of the tax if it were legally and properly levied.

Thereupon, after a further consultation with the President, Minister Leon agreed to order that the clauses relative to foreigners shall not be enforced, and that at the meeting of the national congress in August next, a system shall be devised entirely acceptable to all foreigners.

I may add, that the authorities evidently fully and thankfully appreciated my motives in directing attention to the matter, which might otherwise have had a sequel in claims for damages and disagreeable difficulties. I likewise am pleasantly impressed with the desire hereby evinced by the government to follow out its late declaration regarding foreigners (contained in my dispatch No. 59) and to render its regulations legally acceptable to them.

The result of my negotiations has given general satisfaction to the diplomatic corps here, all of whom will wait on Minister Leon and make known their appreciation of the courtesy and promptitude evinced in the premises.

In this connection, I am anxious to ascertain whether, in the view of the Department, a foreign government can demand even the personal civil service of an American citizen there resident in any capacity whatever.

Trusting that my action will receive the approval of the Department, I have, &c.,

E. RUMSEY WING.

P. S.—It may not be foreign to the subject to add that I have advised cur countrymen resident at Guayaquil to show a practical proof of their appreciation of the action of the national authorities, and that their objection to the “fire-tax” was based upon no factious or niggardly [Page 259] reason, but simply because of the manner in which the tax was sought to be levied, by a voluntary contribution for the benefit of the “fire department.” Such action would not only be in accordanc with strict justice, but will, I am confident, add much to the prestige which our countrymen happily enjoy in Ecuador. As a material example, I took occasion to head the list with a very decent contribution, and the movement will, I am convinced, prove a success in every sense of the term.

E. R. W.