No. 188.] Mr. Uhl to Mr. Taylor. DEPARTMENT OF STATE, SIR: I have to acknowledge receipt of your No. 228, of the 30th ultimo, with which was inclosed a copy of a note from the minister of state announcing that His Majesty's Government has decided to annul the decree of June 28, 1891, putting into execution the reciprocity arrangement in the islands of Cuba and Porto Rico. In this connection I inclose herewith copy of a telegram received from the United States consul general at Havana, copy of a letter from the Treasury Department, and copy of a telegram to the consul-general at Havana, all relating to the date when the reciprocity arrangement ceased to be in force. The importers here of American merchandise desire to know if the products shipped from Cuba to the United States up to the closing of the 27th instant are included in the franchises of the reciprocity agree. ment, as they claim from the Spanish Government that American products shipped there up to that date ought to be allowed to fully enjoy the franchises of that agreement. Please cable answer. WILLIAMS, [Inclosure 2 in No. 188.] Consul-General. Mr. Carlisle to Mr. Gresham. TREASURY DEPARTMENT, Washington, August 30, 1894. (Received August 30.) SIR: Replying to your note of this date, in relation to a telegram received from Havana merchants, asking as to the date upon which they will cease to enjoy the franchises of the reciprocity agree nent, I have to state that the date of shipment is of no legal account in such transactions, the liability to duty being determined entirely by the date of arrival at a port of entry in the United States. I can give no information relative to the probable action of the Spanish Government in regard to the question of merchandise imported under the reciprocity agreement. Very respectfully, J. G. CARLISLE, [Inclosure 3 in No. 188.-Telegram.] Mr. Gresham to Mr. Williams. DEPARTMENT OF STATE, Washington, August 30, 1894. Secretary of the Treasury informs me that all goods arriving at ports of entry of the United States after midnight of August 27th instant will be subject to the duties prescribed by our new tariff law irrespective of the time of shipment. COMMERCIAL RELATIONS. [Memorandum.] LEGATION OF SPAIN, Washington, April 27, 1894. (Received August 22.) Under stress of special circumstances the Spanish Government might be compelled to raise, in a general way, the duties on imports in Cuba and Puerto Rico. Although it is apparently in the mind of both branches of Congress to abrogate the reciprocity clause of the McKinley bill, the Spanish Government does not desire to revoke the mutually existing agreement without ascertaining previously the views of the Government of the United States on the subject. Can any alterations be brought to the various schedules of the convention of July 28, 1891, whether free or under scale reductions without changing essentially its actual commercial conditions between Spain and the United States, provided no other or higher duties were imposed on American imports than those attached to national products? If the existing prosperous condition of trade could be maintained without serious prejudice to the revenues of both countries, the Spanish Government would gladly concur in any agreement, temporary or permanent, which might further develop the commercial binding interests of Spain and the United States. Mr. Muruaga to Mr. Gresham. LEGATION OF SPAIN, The undersigned, envoy extraordinary and minister plenipotentiary of Spain, has the honor to inform the honorable Secretary of State, in addition to the verbal statements which he has already made to him, that, as His Majesty's Government will probably soon be under the necessity of imposing customs duties upon articles of Spanish production in general, which are now free, and of increasing those already established on foreign goods, it desires to know the opinion and to receive a statement of the views of the United States Government on the following points: 1. Whether, if His Majesty's Government shall levy import duties in Cuba and Puerto Rico on goods of Spanish production, duties will, in like manner, be levied by the United States Government upon those productions which are now free in pursuance of the reciprocity treaty applicable to those islands which is now in force? 2. Whether, in case of an increase on all items of the tariffs now in force, the same increase will be made in the case of articles which, under the aforesaid tariff, pay a reduced duty? The undersigned minister begs the honorable Secretary of State to inform him, with as little delay as possible, concerning the views and intentions of his Government on the foregoing points, and he gladly avails himself, etc. E. DE MURUAGA. Mr. Uhl to Mr. Muruaga. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge receipt of your note of 14th instant, making inquiries touching changes in the duties at present operative under the reciprocity arrangement. A copy of your note has been laid before the Secretary of the Treasury for his consideration and an expression of his views upon the subject-matter thereof. Accept, etc., Mr. Uhl to Mr. Muruaga. EDWIN F. UHL, DEPARTMENT OF STATE, SIR: Your note of the 14th ultimo, in contemplation of the contingency, as therein stated by you, that "His Majesty's Government will probably soon be under the necessity of imposing customs duties upon articles of Spanish production in general, which are now free, and of increasing those already established on foreign goods," propounded, for an expression of the views of this Government hereon, the two following inquiries: "1. Whether, if the Spanish Government shall levy import duties in Cuba and Puerto Rico, on articles of Spanish production carried to those islands from Spain, the United States will impose a similar duty on those same articles, on importation into the United States, under the stipulation of the existing reciprocity arrangement which permits the Cortes or Congress to modify or repeal said arrangement whenever they may think proper," and "2. Whether, in case of an increase on all items of the tariff now in force, the same increase will (may?) be made in the case of articles which, under the aforesaid tariffs, pay a reduced duty." These questions are understood to call for information as to whether, and to what extent, the freedom now enjoyed by importers into the United States of certain products of Spain and her colonies, from the imposition of duties under the power conferred upon the President by section 3 of the act of October 1, 1890, would be affected by the proposed changes in the Spanish tariff. The matter having been submitted to the consideration of the Secretary of the Treasury, as you were informed in this Department's note of May 19, I have the honor to acquaint you with the purport of his reply just received. In the opinion of that official the imposition by the Spanish Government of duties on articles produced in Spain and brought from that country to Cuba and Puerto Rico would in no way affect the freedom enjoyed in consequence of the reciprocity arrangement referred to, but any unfavorable modification of the terms on which the products or manufactures of the United States, specified in the schedules cited in the President's proclamation of July 31, 1891, are now admitted to entry in Cuba and Puerto Rico would necessarily raise the question whether the measure of reciprocity remaining after such modification would be sufficient to justify further nonexercise of the power conferred on the President by said section 3 of the act of October 1, 1890. This opinion is expressed in view of the existing legislation upon the subject; but, of course, if the present law of the United States should be repealed or modified, the power now vested in the President would be affected accordingly. Accept, etc., EDWIN F. UHL, Acting Secretary. Mr. Muruaga to Mr. Gresham. [Translation.] LEGATION OF SPAIN, Washington, September 21, 1894. The undersigned, envoy extraordinary and minister plenipotentiary of Spain, has the honor to address the honorable Secretary of State, to pray him to be kind enough to solicit from the honorable Secretary of the Treasury the competent intrepretation of paragraph 165 of the new tariff law in regard to lead. The said paragraph established that argentiferous ore and all other ores that may contain lead shall pay three-fourths of a cent per pound on the lead contained in them, but it does not specify the duties to be levied on the silver contained in lead ores. The undersigned would also desire the honorable Secretary of the Treasury to state whether the sworn declaration made by the consignee that the lead unshipped by him in the United States is not argentiferous will be considered sufficient, or whether, in spite of said declaration, the lead will have to undergo expert analysis at the custom-houses on landing. Several Spanish houses interested in the lead trade with the United States are anxious to know the official interpretation of the cases above mentioned, and the legation of His Majesty will be grateful to be furnished with the proper decision of them. The undersigned, etc., E. DE MURUAGA. Mr. Uhl to Mr. Muruaga. DEPARTMENT OF STATE, SIR: I have the honor to inclose herewith copy of a letter from the Secretary of the Treasury replying to the inquiries contained in your note of the 26th ultimo, regarding the interpretation given by the Treasury to section 165 of the recent tariff law in regard to lead and to duties to be levied on silver contained in lead ore, and the question whether the sworn declaration of shippers to the effect that lead shipped by them is not argentiferous will be accepted by the Treasury. SIR: I have the honor to acknowledge the receipt of your letter of the 25th instant, transmitting a translation of a note from the Spanish minister at this Capital, asking for an interpretation "of paragraph 165 of the new tariff law in regard to lead." The minister states that "the paragraph establishes that argentiferous ore and all other ores that may contain lead shall pay threefourths of a cent per pound on the lead contained in them, but it does not specify the duties to be levied on the silver contained in lead ores." The minister further states that he "would also desire the honorable Secretary of the Treasury to state whether the sworn declaration made by the consignee that the lead unshipped by him in the United States is not argentiferous will be sufficient, or whether, in spite of said declaration, the lead will have to undergo critical analysis at the customhouse on landing." In compliance with your request for such information as will enable your Department to reply to the minister's note, I have to state that silver, as such, when contained in imported ores, is not subject to duty; that the rates of duty specified in paragraphs 165 and 166 of the act of August 28, 1894, are applicable only to merchandise not coming within the scope of the proviso to the latter paragraph, in virtue whereof the articles enumerated in either of the two paragraphs, when imported from a country imposing an export duty upon "lead ore or lead dross, or silver ore containing lead," exported to the United States, remain subject to the rates of duty fixed by the act of October 1, 1890. I have further to state that all lead ores, and silver ores containing lead, are sampled and assayed on importation independently of any statements of the consignor as to their contents, but that lead imported in pigs or bars, or as dross, is neither assayed nor analyzed. Respectfully, yours, J. G. CARLISLE. Mr. Muruaga to Mr. Gresham. LEGATION OF SPAIN, Washington, December 14, 1894. DEAR MR. GRESHAM: Yesterday afternoon, as agreed upon, I cabled to the minister of foreign affairs, but owing to the difference of meridian, my cablegram could barely reach Madrid before 12 o'clock that night. Perhaps it would be wiser to delay all Congressional agitation which |