You are instructed to bring the case to the attention of the Spanish
Government, and to ask that the money improperly exacted may be re
turned.
[Inclosure 2 in No. 279.]
Protest of Mr. Peters.
United
States Consulate,
Cienfuegos, March 19,
1888.
Personally appeared before the undersigned, United States consul of
Cienfuegos, W. H. Peters, master of the American schooner Uranus, of Portland, Maine, of the burden of 344
tons, or thereabouts, and declares as follows: That on or about the 8th
day of January, 1888, he arrived with the said vessel at the port of
Ponce, in the island of Porto Rico, with a cargo of lumber from
Wilmington, North Carolina, United States; that after discharging said
cargo he paid his tonnage dues at the rate of 62½ cents, per 1,000
kilograms delivered, and cleared in ballast for the port of Cienfuegos,
island of Cuba, arriving there on the 19th day of February; that in
Cienfuegos he loaded with a full cargo of molasses, and when ready to
clear, and proceeding to pay the tonnage dues on said cargo, the customs
authorities exacted payment of the same at the rate of 37 cents per
register ton, the same 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 outward cargo. And inasmuch as the
agreement entered into between the United States of America and Spain on
the 21st of September, 1887, stipulates that no discriminating duties
shall be levied upon American vessels, the declarer considers that the
exaction of the payment of tonnage dues at the rate of 37 cents per ton
of register in his case is a violation of the agreement aforesaid.
Wherefore he, the said W. H. Peters, does hereby solemnly protest, and I,
the said consul, at his special instance and request, do join him in
protesting against the payment of the said charge of 37 cents per ton of
register, and against the customs authorities of the port of Cienfuegos
for the enforcement of the same, and against all and every person or
thing concerned in the enforcement of the same, considering it to be an
unjust and unlawful charge, and that the excess collected over and above
the rate of 25 cents per ton of cargo ought to be refunded to him by the
said customs authorities.
In testimony whereof the said W. H. Peters has hereunto subscribed his
name, and I, the said consul, have set my hand and affixed my seal of
office the day above written.
[
seal.]
Henry
A. Ehninger.
Wm.
H. Peters,
Master of Schooner
Uranus.
