De Varigny to Henry B. Rouse, December 10, 1866

C. de Varigny to Mr. Rouse

Sir: I have the honor to enclose to you copy of a letter received by last mail, and transmitted to this department by C. E. Hitchcock, his Majesty’s consul in San Francisco, relating to the discriminating duty levied in the United States ports upon goods of foreign origin imported in Hawaiian vessels.

Similar representations have already been made by owners of Hawaiian vessels, who, through the vigorous interpretation of the third article of the treaty concluded between the Hawaiian kingdom and the government of the United States of America, have been laboring under great disadvantages.

As you are well aware, no discriminating duties have been or are levied in this kingdom upon goods of foreign origin imported by American vessels, nor are such discriminating duties levied in United States ports upon vessels bearing the flag of Austria, Belgium, Brazil, Chili, Denmark, Ecuador, Greece, New Granada, Guatemala, Hanseatic towns, Netherlands, Norway, Peru, Prussia, Russia, San Salvador, Italy, Sweden, and Venezuela.

The vessels belonging to the above-mentioned nations are admitted in the ports of the United States on the same terms as vessels of the United States, with the produce or manufactures of their own or any other country. (V. U. S. tariff, sec. 911.) Hawaiian vessels (V. sec. 915) are admitted into ports of the United States on the same terms as vessels of the United States only when laden with the products or manufactures of the country to which the vessel belongs.

I entertain no doubt that if the case is fairly represented to your government and the fact made known to them that no such distinction exists here, and that no such construction is placed upon the 3d article of the treaty, it will please the President of the United States to issue his proclamation accordingly, and to suspend and discontinue the discriminating duties so far levied upon Hawaiian vessels to the great detriment of Hawaiian commerce, and to order the repayment of said discriminating duty made under protest, as appears from the enclosed letter.

I therefore beg to inform you officially and to request you to notify your government that “no discriminating duties of tonnage or impost are imposed or levied in the Hawaiian ports upon vessels wholly belonging to citizens of the United States, or upon the produce, manufacture, or merchandise imported in the same from the United States or from any foreign country.”

This declaration conforms to the requirements of “the act in addition to an act concerning discriminating duties,” has already been made, through his Majesty’s chargé d’affaires in New York, to your government, without eliciting any reply from the same. It has been renewed again on the 19th of January last in regard to the Hawaiian brig Honolulu, and no definite answer has been so far received by this department.

The above-mentioned act declares that “upon satisfactory evidence being given to the President of the United States by the government of any foreign nation that no such discriminating duty” * * * “is imposed or levied,” * * * “the President is hereby authorized to issue his proclamation declaring that the foreign discriminating duties of tonnage and impost within the United States are and shall be suspended and discontinued so far as respects the vessels of said foreign nation.” * * * * * *

The declaration above made will, I trust, leave no room for doubt, and, through your good office, will secure to the Hawaiian flag the reciprocal treatment to which it is and has been entitled for many years.

I renew to you the assurances of the very distinguished consideration with which I remain your very humble, obedient servant,