F. Lousada to F. Bruce, May 31, 1865

Mr. Lousada to Sir F. Bruce

SIR: In reference to my despatch, No. 30, of the 9th instant, I regret to say that the unjust charges to which British vessels entering this port are subjected still continue.

The enclosed correspondence will show that on my remonstrance with the collector, instructions were asked from Washington, and the reply (copy enclosed, No. 1) fully bears out my position. I then (No. 2, enclosed) suggested the return of such overcharges, and the collector (enclosure No. 3) admits the claim, but hampers it with such conditions as to render it practically null; the vessels which he would admit as rightful claimants having already sailed and not being likely to return within the time limited to putting in their claim.

Passing, however, over this, the original grievance still continues; for instance, no later than this 25th instant the “Vivid,” of 73 tons, was unlawfully made to pay $13,50 for measurement. I then wrote (enclosure No. 4) to request an explanation of this charge being made, in face of the collector’s letter to myself saying that his instructions from Washington were as follows: “Foreign vessels are not chargeable with fees for measurement. “The collector’s reply, received this day, (enclosure No. 5,) is very unsatisfactory. The charge is clearly illegal, and there is no reason, seeing the slowness of official correspondence, why this further inquiry may not go on for some time, perhaps throughout the whole summer, to the manifest injury of our vessels. I therefore think it my duty to report the whole case for the action of the legation.

Mr. Harrington to Mr. Goodrich

Sir: I have received your letter of the 4th instant relative to the admeasurement of vessels not of the United States, and reply that foreign vessels pay tax on their tonnage as ascertained by actual measurement according to United States laws, except when by treaty stipulations the tonnage expressed on the vessel’s register is accepted as correct.

The method of admeasurement prescribed by the law of May 6, 1864, entirely supersedes that of the act of March 2, 1799, and applies as well to foreign as to American vessels when the tonnage of the former is to be ascertained, the foreign vessels, however, are not chargeable with fees for measurement.

I am, sir,

Mr. Lousada to Mr. Goodrich

Sir: In reply to your note of the 17th instant, enclosing to me copy of treasury letter of May 6th, the decision there set forth would seem to bear out my objections to British vessels paying tax on the old United States measurement, and I beg to be informed if my claim on behalf of those British vessels that have been erroneously overcharged will be entertained.

I see that the Treasurer’s minute is dated the 6th instant, although only communicated to me on the 17th, and it appears that no later than yesterday a vessel, Jane McDingle, of 82 tons, was measured according to the United States old plan, and made to pay on 154 tons.

Mr. Goodrich to Mr. Lousada

Sir: In reply to your communication of the 18th instant, I beg leave to state that all payments for excess of tonnage made during the coming month can be refunded at this office. Prior to that time I have no authority. Application for a refund must be made during the present month.

Very respectfully,

Mr. Lousada to Mr. Goodrich

Dear Sir: The schooner Orina was charged on the 25th of May $13 50 for measurement. The letter of the Treasury Department dated May 6, of which you sent me a copy, says, “foreign vessels, however, are not chargeable with fees for measurement.” I shall be glad of an explanation of this discrepancy.

Mr. Goodrich to Mr. Lousada

Dear Sir: I have your favor of this date,and, in reply, have to say that I reported the decision of the department to which you refer to the surveyor. He is having some further correspondence with the department on the subject on his own responsibility. I understand him to say that he deems it his duty to collect the fees till he receives a reply. This is all the reply I can make.