Varigny to Ethan A. Hitchcock, November 13, 1866

Macondray & Co. to Mr. Hitchcock

Dear Sir: We beg most respectfully to submit to you the following facts, asking that you will have them properly represented to your government. The Hawaiian brig Lahaina arrived at this port on the 10th instant, with a cargo of teas to our consignment, and upon application for entry of said teas at our custom-house, the authorities have exacted from us a discriminating duty of 10 per cent. ad valorem, (which amounts to about $5,000,) on the ground that the Hawaiian government have no reciprocal treaty with the United States. As we think this manifestly unjust and contrary to the spirit of the treaty between the two governments, we have paid the duty under protest. As we are convinced that no discriminating duty was ever charged by your government upon vessels of the United States, or upon merchandise imported in American vessels, we beg to call your attention to the following copy of the United States revenue laws, which read as follows:

ACT OF MAY 24, 1828.

“AN ACT in addition to an act concerning discriminating duties.

“Be it enacted, That upon satisfactory evidence being given to the President of the United States by the government of any foreign nation that no discriminating duty of tonnage or import are imposed or levied in the ports of said nation 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, the President is hereby authorized to issue his proclamation declaring that the foreign discriminating duties of tonnage and import within the United States are and shall be suspended and discontinued so far as respects the vessels of said foreign nations, and the produce, manufacture, and merchandise imported into the United States in the same from the said foreign nation, or from any other country,” &c.

Our object, therefore, in addressing you is to ask that you will at once communicate with the proper authorities connected with your government for the furnishing of the said “satisfactory evidence” mentioned in the above law, to the effect that no such discriminating duty has ever been imposed by your government on vessels of the United States, or on merchandise imported in American vessels. As there can be no doubt whatever that this evidence can be procured, we beg that it may be put in such a shape that it can be properly represented by your government to the authorities at Washington, and the President of the United States requested to issue his proclamation in accordance with the above law.

We beg also to suggest, as you are aware of this application having been made before to your government, that upon procuring the “satisfactory evidence” it should be so stated, that the document might be dated back for a sufficient time to cover all goods arriving in the Sandwich islands or in the United States since the beginning of the present year. You are aware that our object in having it dated back is, that in event of the proclamation being issued it may also be made to bear even date, so that the duties which have been exacted in the mean time on merchandise imported into the United States in Hawaiian vessels, and paid under protest, as in case of the Lahaina, may be refunded. All of which is respectfully submitted.

Trusting that it may receive your early attention, we remain yours, very respectfully,

MACONDRAY & CO.

Hon. C. E. Hitchcock, His Hawaiian Majesty’s Consul, San Francisco.

Honolulu, December 10, 1866.

Certified correct copy.