simply asking whether a new construction of the rule had been made or if the favor was no longer extended. I also verbally explained that under the principle advanced the entire table of officers would be taxed, since they commuted their rations and purchased their own mess-stores. In the first instance, H. E. Baron de Cotegipe, who referred it to himself as minister of finance as well as of state, inclined to even go so far as to put naval officers on the same footing with secretaries of legation and attachés, who do not import goods free of duty. At length he gave the decision of which inclosure 3 contains two copies and a translation. I should not have alluded to this matter were it not that the peculiar course of the inspector in several cases, now happily arranged, has caused, not unnaturally, a little irritation on the part of some of those interested, and I have understood that the matter would be directly or indirectly referred to Washington, and also because I presumed the rule of Brazil in this matter might be known with advantage at the Treasury Department. I have, &c., [Inclosure 1 in No. 297.] W. A. PURRINGTON. Rear-Admiral Le Roy to Mr. Purrington. UNITED STATES FLAG SHIP BROOKLYN, 2D RATE, SIR: The inspector of customs of this port has refused to pass free of duty 4,000 cigars which belong to the officers of this squadron; according to the laws of this country, and precedent, all articles for the use of the diplomatic corps and for the squadrons of friendly powers shall pass free upon application of the minister or chief of squadron. As this vessel is to leave this port at an early day, these officers preferred paying the duty of Rs. 101||620 rather than leave their property behind; but I havə to ask your attention to the matter, that the money may be refunded. I should also be obliged to you if you will have the question whether or not the officers of the Navy of the United States can have their property pass free of duty at all times definitely determined. In my absence, I would be obliged to yon if you will communicate any information you may obtain regarding the matter to Paymaster Bacon, who is familiar with the subject. Very respectfully, WM. E. LE ROY, Rear-Admiral Commanding U. S. Naval Force South American Station. Hon. W. A. PURRINGTON, Chargé d'Affaires United States, Rio de Janeiro, Brazil. [Inclosure 2 in No. 297.] Mr. Purrington to His Excellency Baron de Cotegipe. UNITED STATES LEGATION IN BRAZIL, The undersigned, secretary of legation and chargé d'affaires ad interim, having received from Rear-Admiral Le Roy, commanding the United States naval force on the South Atlantic station, a letter stating that certain cigars, purchased and intended for the use of officers of his squadron and forming part of their stores, had been held for duty at the custom-house, and asking that the legation would inform him if the favor hitherto extended to ships of war in this respect was to be discontinued, has the honor to ask that his excellency the minister and secretary of state for foreign affairs will have the kindness to inforin him whether any repeal or new construction of the enstom-house regulations has been made of such a nature that the favor hitherto extended to the officers and crew of war-vessels of friendly nations, of importing mess-stores free of duty, exists no longer, and whether, in the future, wines, cigars, and other such stores for naval officers are to pay duty. If no such repeal or construction of the regulations has been made, the undersigned begs that the inspector of customs may be so informed. And the undersigned avails himself of this opportunity to renew to his excellency the minister and secretary of state for foreign affairs the assurances of his highest consideration and esteem. His Excellency BARON DE COTEGIPE, W. A. PURRINGTON. Minister and Secretary of State for Foreign Affairs. [Inclosure 3 in No. 297-Translation.] Baron de Cotegipe to Baron de Cotegipe. RIO DE JANEIRO, October 30, 1875. MOST ILLUSTRIOUS AND EXCELLENT SENHOR: As it appears that certain doubts have arisen between some of the foreign legations and the custom-house of this district concerning the true meaning of article 4, section 8, of the preliminary dispositions of the tariff, the one party holding and understanding that the exemption from duties there conceded to goods and objects imported for the use of ships of war of friendly nations, and of their equipments, which shall arrive in the transports of the respective states, in packets or in merchant-vessels, is extended to wines, cigars, and other objects destined for the use of the officers of said vessels, of whose equipment they form part, and desiring to fix the interpretation of the said section 8 so that the intentions of the regulations may retain their force, neither limiting the favors and privileges authorized to the men-of-war of friendly nations, nor giving them an extent not compatible with the interests of the revenue, I have resolved to declare under this date to the consular inspector of the said custom-house that the exemption from duties granted by the said article 4, section 8, of the preliminary dispositions of the tariff comprehends: First. Warlike articles and munitions of war. Second. Implements, apparatus, instruments, and naval munitions. Third. Provisions, articles of uniform, clothing for the crew, and other objects such as are customarily furnished by the state in rations, either by list daily or for a fixed time, when they shall be forwarded by their respective governments or by its naval administration, destined for the squadron or war-ships, and not exceeding a quantity necessary for a six months' supply. Fourth. Objects for the uniform and arms of the officers on board, instruments of their profession, books, maps, and prints (impresos) imported in their names. Fifth. Wine imported for the use of the officers on board, provided that it does not exceed the quantity fixed by the annexed table, and that no more shall be received at one time than sufficient for a three months' supply in proportion to the entire amount. All other goods and objects not herein mentioned, and all quantities exceeding those fixed in the table mentioned, shall pay duty under the tariff in force as though they were not for the officers and crews of foreign war-vessels. Requests for free dispatch may be made only by the legation or by the chief of the naval station, or, in their absence, by the commanders of war-vessels; and the directions indicated at the end of the opinion of January 24, 1874, from the treasury to the ministry under the charge of your excellency being observed, the goods referred to may be sent from their place of deposit, or from the ship in which they were imported, on board of that for which they are intended. I beg that your excellency will communicate this by circular to the foreign legations at this court, so that they may not only have all consideration for the rules established for the concession of this favor, but that, in the interest of the customs-service, they may facilitate the prompt delivery of the goods whose free dispatch is asked, by giving the necessary information concerning the shipment, character, and destination of the respective articles. God save your excellency. BARON DE COTEGIPE. His Excellency the MINISTER AND SECRETARY OF STATE FOR FOREIGN AFFAIRS. [Inclosure 1 in inclosure 3 in No. 297.] Table of the quantity of wine for chiefs and officers to which free dispatch is granted and of which the opinion of the ministry of foreign affairs of this date treats. To the chief of naval station.. To the captain and other officers to the post of lieutenant. To the lieutenants and other officers.. TREASURY DEPARTMENT, October 30, 1875 JOSÉ SEVERIANO DA ROCHA. [Inclosure 2 in inclosure 3 in No. 297.] Extract from the ministry of finance, January 24, 1875, referred to in that of October 30, 1875. Still desiring to facilitate, as far as compatible with the revenue and the service of the navy of friendly powers, the dispatch of goods and objects from the custom house of this district, which shall come in packets or merchant-ships for foreign vessels, and also giving warning of the inconvenience that may result from the delay of the proper documents on the part of the respective governments, I hereby authorize the counselorinspector from this date to grant, without prejudice from the revenue, (fiscalisação,). free dispatch to goods and objects which chiefs of foreign legations accredited to this court shall officially declare to him are intended for the consumption of the naval forces of their respective nations, indicating their place of shipment, the vessel transporting them, and the quality, quantity, contents, and marks of the respective packages. And, since in the project of a new tariff there is admitted for this purpose the request of the chief of naval station, I, from this date, allow this practice. No. 322.1 No. 21. Mr. Partridge to Mr. Fish. LEGATION OF THE UNITED STATES, Rio de Janeiro, April 20, 1876. (Received May 22.) SIR: In my No. 277 (August 20, 1875) I gave account to the Department of an extraordinary law which had been hurried through the chambers, by the fifth article of which, in connection with the eighth and second, this Parliament attempted to provide for the punishment of foreigners, who might afterwards attempt to come into or pass through Brazil, for acts committed by them, in their own or some other foreign country, beyond Brazilian jurisdiction, and to which, at that time, I called the attention also of my colleagues. It is understood that the Earl of Derby directs Mr. Drummond to notify the Brazilian government that Her Majesty's government cannot consent or submit to any action by Brazil thereunder which would punish British subjects in Brazil for acts done by them either in Great Britain or in any other foreign country not subject to Brazilian jurisdiction. Mr. Drummond thereupon informed this government of that resolution. * The minister of foreign affairs states that a similar law punishing foreigners who should be taken in or surrendered to France for certain offenses by them committed in a foreign country (specifying acts done against the safety of the state, forgery of its public seals, of its coined money or authorized bank-notes) had long ago been adopted in France, "a country where everything in respect of legislation was carefully studied, and any new measure adopted only after it had been ascertained that such measure did not infringe the rights of other nations." He added that this legislation by France had not been objected to by Great Britain, and that laws similar to and in imitation of the French had been enacted since by Belgium, the Netherlands, Sardinia, Austria, Prussia, Bavaria, Saxony, Würtemberg, Hanover, Norway, Portugal, Oldenburg, Saxe-Weimar, Hesse, Baden, SaxeAltenburg, and Brunswick, and, so far as he was informed, without any protest against the same or any notification to those countries by Great Britain that she could not consent or submit to that legislation being enforced against British subjects for acts so done by them in other countries, not subject to the jurisdiction which attempted to hold them responsible therefor. I have said that I was not sufficiently informed as to the legislation of those countries to be able to say whether the statements of Baron de Cotegipe, in that respect, were correct or not; but I was aware that France had attempted, by certain laws, to follow Frenchmen (not foreigners) into foreign countries and hold her own citizens responsible, on their return to France, for acts done by them in countries not subject to French law. But I had not supposed, and could not now believe, without proof and sight of the law itself, that France, or those other countries named, had attempted to hold others than their own subjects, foreigners never in any way subject to their laws, responsible for any acts done outside those countries; and that, at any rate, as I understood our own and English law, neither the United States nor England ever set up any such jurisdiction over acts done beyond their limits by persons not subject to their law; that in my opinion nothing in interna tional law could be adduced to support such claim; and that I supposed the United States equally with Her Majesty's government would not be willing to consent to the enforcement of such laws against their own citizens. I am, &c., JAMES R. PARTRIDGE. No. 22. Mr. Fish to Mr. Partridge. No. 175.] DEPARTMENT OF STATE, SIR: Your dispatch, No. 322, of the 20th ultimo, has been received. It represents that the British government, pursuant to the opinion of the law-officers of the Crown, has instructed its minister to inform the government of Brazil that it will not acquiesce in the application of the Brazilian law, to which you refer, to acts done by British subjects outside of the jurisdiction of Brazil. This decision may be regarded as obviously sound, and is entirely concurred in by this Government. If, therefore, there should be occasion, you will inform the minister of foreign affairs that we cannot consent to the prosecution or punishment of a citizen of the United States pursuant to the objectionable statute adverted to. I am, &c., No. 23. HAMILTON FISH. No. 324.] Mr. Partridge to Mr. Fish. LEGATION OF THE UNITED STATES, Rio de Janeiro, May 21, 1876. (Received June 22.) SIR: The remarkable falling off in the production of sugar in Brazil, and especially in the provinces to the north of Rio de Janeiro, has for some time occupied attention here, and has caused during the past year a large reduction in the receipts from the export-duties. This diminution of production for export (which has become so prominent, within the last four years especially) has now almost reached the point of cessation. In Bahia this is true particularly, as well as in the other provinces, and has caused anxiety to the government as well as to the planters. These last have. frequently declared that, with the burden of the export-duty (now reduced) of 9 per cent. ad valorem to the imperial treasury and 4 per cent. to the province, (6 per cent. in the province of Bahia,) making 13 per cent., (and 15 per cent.,) it was impossible for them to continue sugar-making in competition with the West Indies, especially the French islands, and the plauters of Demerara-English, Dutch, and French-as well as with Cuba and Porto Rico. In all these colonies and countries the latest improvements in sugar-mills and machinery have been introduced, as well as improved agricultural implements; and they are under the system of free labor now estab lished there, with the single exception of Cuba. And it is to be noted that in Brazil, where the system of slave labor still prevails, in the hitherto sugar-growing provinces especially, and where formerly sugar was produced, perhaps more cheaply than in any other country, and, with the exception of Cuba, more abundantly than elsewhere, now, under the improvements in its manufacture in free-labor countries, this culture here has become unprofitable, and is absolutely falling off to complete cessation for export. In great measure, of course, this result is attributable to the heavy export-duty. But another cause is to be found in the slovenly mode of culture, in the habits always engendered and pursued in countries. where slavery prevails, the want of enterprise in introducing the latest improvements, the neglect to properly renew the cuttings and to refresh the cane by new importations, in the want of capital for the introduction of machinery, and finally, in the last years, in the high price obtained for coffee. This has tempted many planters in the northern provinces to sell or bring their slaves into the coffee-growing region immediately north, south, and west of Rio, and, in many cases, in Bahia, Pernambuco, and Maranham, has caused the abandonment of sugar-culture in order to commence coffee-growing on the highlands and interior plateaus of those provinces. One of the journals in Rio, in an article on the subject, prints the following words: If there is any one who still doubts whether the sugar industry in Brazil has fallen into decay-that culture which was so flourishing in all times since the dominion of the house of Nassau until very recently-he has only to step into the national exposition of our industrial products now being holden in the capital, and there he will see what thing, in quality, is the article we call sugar, and which we export from this country to compete, in foreign markets, with the fine and beautiful product which comes forth from the co-operative sugar-mills and machinery of Egypt, Mauritius, and Martinique. He will soon be convinced that, in the English market, they have reason on their side when they reject with disdain the sugar that comes from Brazil. It thus appears that the main cause of the falling off is to be found in the old fashioned and inferior quality of the sugar now produced in Brazil, while that grown in free labor countries, and prepared by proper and improved machinery, has, at even greater cost of production, (though free from export duty,) nearly driven the Brazilian product from the market. I am, &c., JAMES R. PARTRIDGE. |