Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/froiTipresimessageOOunitrich 57th Congress, ) SENATE. j Document U Session. ] I No. 180. MESSAGE FROM THE PRESIDED OF THE UNITED STATES, TRANSMITTING A REPORT BY THE SECRETARY OF STATE, WITH ACCOMPANYING PAPERS, RELATIVE TO THE PROCEEDINGS OF THE FIRST CUSTOMS CONGRESS OF THE AMERICAN REPUBLICS, - HELD AT NEW YORK IN JANUARY, 1903. February 26, 1903. — Read; referred to the Committee on Foreign Relations and ordered to be printed. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1903. P His ^^ 3(oO Ba-^crcft Libraicy TABLE OF CONTENTS. ENGLISH TEXT. Page- Letters of transmittal to Congress 5 Report of the United States delegation to the Secretary of State 7 Resum^ of resolutions approved by the First Customs Congress of the Ameri- can Republics - - - H Resolutions of the Second International Conference of American States calling for the assembling of a customs congress 15 Journal of proceedings of the First Customs Congress of American Republics . 19 Appendices 44 3 \ X 2 < LETTER OF TRANSMITTAL. To THE Senate and House of Representatives: I transmit herewith a report by the Secretary of State, with accom- panying papers, relative to the proceedings of the First Customs Congress of the American Republics, held at New York in January, 1903. Theodore Roosevelt. White House, February 25, 1903, The President: The undersigned. Secretary of State, has the honor to lay before the President tne report of the delegates of the United States to the First Customs Congress of the American Republics, held at New York in January, 1903, with the resolutions and minutes of the congress and accompanying papers. Respectfully submitted. Department of State, Washington^ February ^4^, 190S. John Hay. REPORT OF UNITED STATES DELEGATION TO SECRE- TARY OF STATE. Washington, D. C, February ^, 1903, Sir: The undersigned, delegates of the United States of America to the First Customs Congress of the American Republics, have the honor to submit the following report, with a copy of the resolutions and minutes of the congress and accompanying papers: The Second International Conference of American States, held in the City of Mexico, by a resolution signed on January 22, 1902, pro- vided for a customs congress, to be composed of one or more dele- gates appointed by each government, to meet in the city of New York within one year from the date of the closing of the sessions of the international conference in Mexico. That resolution defined the general scope and outlined the more important details of the work to be considered by the proposed customs congress. The international conference at Mexico, by a resolution signed January 29, 1902, also directed the proposed customs congress to investigate certain meas- ures to facilitate international commerce which were set forth in the resolution. These resolutions were printed in full in Senate Document No. 330, Fifty-seventh Congress, first session, and accompanied your instructions to the delegates of the United States of America. The governing board of the International Bureau of the American Repub- lics fixed January 15, 1903, as the date for the preliminary assembling of the congress at New York, and January IT, 1903, as the date for the inaugural session. The First Customs Congress of the American Republics was com- posed of 29 delegates, representing 13 nations. In the number, official rank, and high abilities, combined, of the delegates the congress was the most representative assemblage from the American Republics which had been held in the United States since the meeting of the first Pan-American conference at Washington in 1889. Ecuador, El Salva- dor, and Nicaragua were represented by their ministers plenipotentiary, Senor Don Alfredo Baquerizo, Senor Don Rafael S. Lopez, and Senor Don Luis F. Corea. Bolivia, Uruguay, and Venezuela were repre- sented by their charges d'affaires, Senor Don Jorge E. Zalles, Senor Dr. Don Luis Alberto de Herrera, and Senor Don Augusto F. Pulido. Mexico was represented by Senor Don Javier Arrangoiz, director- general of customs, and Senor Don Pedro M. del Paso, inspector-gen- eral of customs. The Argentine Republic, Guatemala, and Honduras were represented by their consuls-general at New York, Senor Dr. Don R. Alvarez de Toledo, Seiior Don Julio J. Yela, and Gen. Nica- nor Bolet-Peraza, who was a delegate to the first Pan-American con- ference. Cuba was represented by Senor Don Fidel G. Pierra, member of the board of the University of Habana. Peru was represented by 8 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. Senor Don Alberto Falcon, Senor Don Manuel Alvarez Calderon, the minister from Peru and a delegate, being unavoidably detained in Washington. Other delegates were the consul-general of Bolivia, Senor Don Gerardo Zalles; the secretary of the legation of El Salva- dor, Senor Don Federico Mejia; the consul-general of Nicaragua at New York, Senor Don Adolfo D. Straus, and Senor Don James E. Davis and Senor Don Juan J. Ulloa representing Guatemala. The United States of America was represented by the Hon. William R. Grace, former mayor of New York; Mr. William H. Lincoln, presi- dent of the chamber of commerce of Boston; Mr. Kenneth Barnhart, of Chicago; Mr. Gustav H. Schwab, of New York; from the Treasury service — by the Hon. O. L. Spaulding, Assistant Secretary of the Treasury; the Hon. Israel F. Fischer, of the Board of General Apprais- ers; Mr. Robert B. Armstrong, representing the Secretary of the Treasury, and Mr. Eugene T. Chamberlain, Commissioner of Naviga- tion; from the port of New York — Mr. Nevada N. Stranahan, collector of customs; Mr. George W. Whitehead, appraiser, and Mr. Joseph J. Couch, special deputy collector of customs. The Governments not represented were Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Haiti, and Paraguay. While, pursuant to your instructions and in accord with their own inclinations, the delegates of the United States of America did not seek honors, the Congress saw fit to choose the Hon. William R. Grace temporary chairman, and the Hon. O. L. Spaulding permanent president. Other permanent officers chosen were: First vice-presi- dent, Senor Don Fidel G. Pierra, of Cuba; second vice-president, Mr. Kenneth Barnhart, of the United States of America; secretary, Senor Don Pedro M. del Paso, of Mexico; secretary, Mr. Eugene T. Cham- berlain, of the United States of America; assistant secretary, Mr. W^. P. Montgomery, representing the International Bureau of the American Republics. Through the courtesy of the mayor of the city of New York, the Hon. Seth Low, the president of the borough of Manhattan, the Hon. Jacob A. Cantor, and the board of aldermen, the meetings of the congress were held in the aldermanic chamber of the city hall of New York, and in the historic governor's room, rich with memories of Washington, Hamilton, and other founders of free government on the American continent. The mayor of the city also delivered a cordial address of welcome to New York, and the Hon. Leslie M. Shaw, Secretary of ths Treasury, delivered an instructive address on cus- toms policies, formally opening the congress. In behalf of the foreign Governments represented, Gen. Nicanor Bolet-Peraza, consul- general of Honduras, responded in felicitous words to these addresses. The congress assembled on January 15 and adjourned sine die on January 22. It held five regular sessions, besides numerous committee meetings involving the attendance of nearly all of its members. Within this very brief time the delegates of the United States of America believe that much important work was accomplished, and this belief, in their opinion, is shared by the delegates from the other American Republics represented. The most important results are doubtless the strengthening of ties of friendship and s^^mpathy between the Republics represented, a better understanding of one another's purposes and business methods, and the proof, from experience, that practical benefits to international trade between the Republics of the FIEST CUSTOMS CONGRESS OP AMERICAN REPUBLICS. 9 American hemisphere will follow similar congresses in the future. A copy of the formal resolutions adopted by the congress and duly signed by the delegates is transmitted to you with this report. These resolutions, with the minutes of the congress and the several papers prepared by delegates and ordered printed, will show the nature and extent of the work actually performed and that outlined for future customs congresses. The congress was ad referendum. Some of its recommendations require the approval of the legislative or executive branches, or both, of the Governments represented. The delegates of the United States of America, some of whom were officers of the Treasury and Customs Service, will in due season take such steps as may be necessary to endeavor to secure such approval in this country. It is not doubted that the delegates from the other Republics will also endeavor to secure the approval of the recommendations of the congress by their respec- tive Governments. ' The congress voted unanimously in favor of the adoption of the metric system now in use in all American Republics except the United States of America, and the delegates of this country hope that this recommendation will hasten the early establishment of that system uniformly throughout the Republics of the Americas. The delegates of the United States of America believe that the recom- mendations of the congress for certain preliminary work before the meeting of the second customs congress will enable that body, when convened, to accomplish much more work in a more thorough manner than could be done by the first congress, which was in many respects experimental. At the same time they desire to convey to you their appreciation of the preliminary work of the Department of State and of the International Bureau of the American Republics, of the assistance rendered by the International Bureau to the congress throughout its deliberations, and of the gracious hospitality of the Department of State at the close of a congress during which it was the constant endeavor of the delegates of the United States of America to impress upon the delegates of sister Republics, in the language of your instruc- tions, "that we desire above all their material prosperity and their political security." In conclusion, the delegates desire to convey to you, and through you to the President of the United States, their grateful acknowledg- ment of the distinction bestowed upon them in selecting them to rep- resent the United States of America at the First Customs Congress of the American Republics. We have the honor to be, your obedient servants, 0. L. Spaulding, Robert B. Armstrong, Eugene T. Chamberlain, / N. N. Stranahan, J. J. Couch, GusTAV H. Schwab, W. R. Grace, G. W. Whitehead, 1. F. Fischer, William H. Lincoln, Kenneth Barnhart. Hon. John Hay, Secretary of State^ Washington^ D. C, RESUME OF THE RESOLUTIONS APPROVED BY THE FIRST CUSTOMS CONGRESS OF THE AMERICAN RE- PUBLICS. The undersigned, delegates of the republics represented at the First Customs Congress of the American Republics, duly authorized by their governments, have approved the following resolutions: I. Resolved^ That the First Customs Congress of the American Repub- lics recommends to the governments of the republics represented that those governments issue instructions to their principal officers of the customs and consuls, respectively, to facilitate the dispatch of vessels engaged in international commerce by according shipowners, masters of vessels, and shippers all conveniences and accommodations within their power, such conveniences and accommodations to include official services with equitable compensation during extra-official hours in exceptional cases when the interests of international commerce would thereby be promoted; and Whereas delays in the visits of health officers to vessels sometimes cause loss to shipowners, consignees, passengers, and others: Resolved^ That the governments represented be requested to instruct their sanitary officers to visit vessels immediately on arrival, provided that such visits should be in official hours. II. Resolved^ That the customs congress recommends to the gpvern- ments represented that fines imposed on masters of vessels for omissions or infractions of law in making out customs documents be condoned in all cases when, in the judgment of the department of the treasury, it appears that there was no intention to commit fraud. • III. Resolved^ That the customs congress recommends that when pack- ages are unladen from a vessel, which are not destined for that port but for another port, domestic or foreign, said packages shall be returned without the imposition of a fine, as soon as it can be proved that said packages are destined for another port, said proof to be by telegraph or by certificates issued by the customs officers of the port where the said packages were missed. 12 FIRST CU8T0MH CONGRESS OF AMERICAN REPUBLICS. IV. Besolved^ First. That a commission be appointed by the board of directors of the International Bureau of the American Republics, as soon as practicable, whose duty it shall be to prepare and have printed in English, Spanish, and Portuguese a compilation in succinct form, giving the practice of each country upon the subjects of vessels, mer- chandise, and nomenclature in use tnerein, such publication to be arranged in form to afford ready comparison. Second. That the next session of this customs congress convene in the city of Washington as soon after the completion of the foregoing compilation as possible, the same to be called by the board of directors of the International Bureau of the American Republics. Third. That the question of the definite meetings of future con- gresses and the appointment of a permanent customs commission be referred to the next Congress. V. Whereas the second Pan-American conference at the City of Mexico in its resolution of January 22, 1902, Paragraph II, Letter F, recom- mends simplicity and uniformity of the custom-house regulations governing merchandise in transit through the territory of one country when destined for use or consumption in another or other countries, observing the principles of free commercial transit on the terrestrial and fluvial highways of the nations of America, without collecting duties or charges other than those which represent a just compensation for services rendered, but subject to all the formalities in force in the country which grants the transit; and Whereas the object of the present congress being the adoption of measures to facilitate the commercial relations of the American Re- publics, including the free transit of merchandise as one of these measures: Therefore, Resolved^ That the principle of free international transit of merchan- dise through the territory of one country destined for use or consump- tion in another or other countries by terrestrial or fluvial highways of the American Republics is approved by the customs congress, which recommends to the Governments of the American Republics the enactment of measures to make effective that principle. VI. Resolved, That in order to facilitate the prompt dispatch of vessels the customs congress of the American Republics recommends to the governments represented that instructions be issued to collectors of customs to authorize, on request, the preparation of outward cargoes in advance of the arrival of the vessel, subject to necessary customs regulations. VII. Resolved^ That the customs congress of the American Republics recommends to the governments represented that instructions be issued to permit the loading and unloading of vessels during the night in such cases as conditions may allow, and in the discretion of the duly constituted authorities. • FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 13 VIII. Resolved^ That the customs congress of the American Republics recommends to the governments represented that instructions be issued to permit the loading and unloading of vessels on holidays, Sundays included, except national holidays. IX. Resolved^ That the customs congress of the American Republics recommends to the governments represented that instructions be issued to permit the simultaneous loading and unloading of cargoes on and from the same vessel. X. Whereas the first customs congress of the American Republics reports that the general practice of the principal maritime nations is to employ net register tonnage as the basis of national charges on vessels, as distinguished from local and individual charges, and that the selection of net tonnage as the basis appears to improve the condi- tions of labor at sea and to promote more rapid communication between different countries: Therefore, Resolved^ That the congress recommends to the Governments of the Republics represented, notwithstanding the recommendation made by the second international conference held in the City of Mexico, in January, 1902, that gross tonnage should be the basis of shipping charges, that those governments, so far as practicable, adopt net reg- ister tonnage as the basis of national charges on vessels. XI. Resolved^ The customs congress recommends to the American Repub- lics a reform in their custom-house regulations as far as it may be necessary to attain the following results: First. To give the utmost facilities to foreign goods coming into the jurisdiction of the country to which they are intended to be imported. Second. To simplify, as much as possible, the original declarations that have to be made in the place of manufacture, especially in regard to the wording of consular invoices, and to have those documents made as simple as possible in order to save the shippers' fines or responsi- bilities incurred by imperfect declarations while made without any intention of fraud. Third. To facilitate either to the shippers or the importers the rec- tification of errors or differences that may occur in the shipper's decla- rations without being liable to penalties. Fourth. To facilitate international traffic of foreign merchandise through different countries, simplifying as much as possible the cus- toms documentation that is necessary for such operation, taking at the same time all necessary precautions to prevent fraud. Also to allow to pass without paying transit taxes the goods subject to such taxes wherever said exemption may be suitable to the resources and economical conditions of the country they are going through. 14 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. The congress also approved the following recommendation of its committee on nomenclature: The committee voted unanimously in favor of the adoption of the metric system, believing it to be more easily adapted to general use and that its adoption would accomplish economy in the handling of commodities internationally. The metric system being in use in all the custom houses of the South American Republics at present, and the customs service of the United States annually expending large sums for the translation of metric equivalents into the terms of weights and measures now in use in this countrv, the committee believes that the common adoption of the metric system would be of great advantage in a practical business way and recom- mends that this Congress earnestly strive to accomplish that end. Made and signed in two copies written in the English and Spanish languages respectively, which shall be deposited in the Department of State of the United States, so that certified copies thereof may be made in order to transmit them through the diplomatic channel to each one of the American Republics. For Bolivia J. E. Zalles. Geraedo Zalles. For Cuba Fidel G. Pierra. For Ecuador A. Baquerizo, M. For El Salvador Rafael S. Lopez. F. Mejia. For Guatemala Jas. E. Davis. Julio J. Yela. Juan J. Ulloa. For Honduras- - . . . N. Bolet Peraza. For Mexico J. Arrangoiz. P. M. del Paso. For Nicaragua Luis F. Corea. A. D. Straus. For Peru Alberto Falc6n. For the United States O. L. Spaulding. Robert B. Armstrong. Eugene T. Chamberlain. N. N. Stranahan. J. J. Couch. W. R. Grace. GusTAV H. Schwab. G. W. Whitehead. I. F. Fischer. William H. Lincoln. Kenneth Barnhart. For Uruguay Luis A. de Herrera. " For Venezuela Augusto F. Pulido. «0n signing the foregoing resolutions the delegate for Uruguay begs to state that his vote was unfavorable to the measure contained in article 2, and that, with reference to article 5, he was not present at the meeting at which it was adopted. RESOLUTIONS OF THE SECOND INTERNATIONAL CON- FERENCE OF AMERICAN STATES. CUSTOMS CONGRESS. The undersigned delegates of the Republics represented at the Sec- ond International American Conference, duly authorized by their Gov- ernments, have approved the following resolution: The Second International American Conference resolves: I. That within one year from the date of the closing of the ses- sions of the American International Conference there shall meet in the city of New York, United States of America, a customs congress, composed of one or more delegates appointed by each government from among its chief customs officers, consuls, presidents or members of their chambers of commerce, prominent merchants, or other per- sons known to possess technical and special knowledge in all customs matters. The governing board of the International Bureau of the American Republics shall fix the date for the assembling of the customs congress, which shall be organized as it may decide, with the assistance or coop- eration of the officials of said international bureau, and its purpose and object shall be to decide and pass upon all propositions, which may be presented by the delegates or by the committees which may be appointed, in respect to the customs service of each country and the legitimate collection of its fiscal dues. / II. The matters which the customs congress is to resolve upon are the following: (A) The uniformity of regulations for the entry, dispatch, and clear- ance of the vessels engaged in international commerce. (B) The uniformity and simplification of customs formalities with regard to the manifests of vessels, wording of the same, and facts to be contained in the consular invoices and declarations to the custom- houses. ( C) The simplification and uniformity of custom-house formalities in the clearance of merchandise and baggage. {D) Adequate means for establishing a common nomenclature of products and merchandise of the American Republics in English, Spanish, Portuguese, and French. 1. In order that it may become the basis for the statistical data of imports and exports in conformity with uniform models and with- out interfering with the regulations which each country may have adopted for its own statistics; and 2. In order that with greater details and specifications it may be adopted in the tariff schedules and in the other customs laws of said 15 16 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. countries, and that it may become the basis for the collection of the dues which each one of them may have established. {E) Adoption of a simple and uniform system for declarations, and the custom-house dispatch of samples and merchandise forwarded in postal mckages or parcels. {F) To simplify and make uniform the custom-house formalities to which shall be subjected all merchandise or goods crossing only the- territory of one country and destined for use or consumption in another or others, thus respecting the principle of free commercial transit on terrestial or fluvial highways of the nations of America, without collecting duties or charges other than those which may repre- sent the just compensation for services rendered. ( G) The advisability of determining definite periods for the assem- bling of future customs congresses. {S) To deal with any other matters germane to those herein men- tioned or which may be considered in a general way by the customs congress as useful or proper to aid in the development of mercantile traffic. (7) The organization of a permanent customs commission, composed of individuals possessing technical and expert knowledge and which, as a branch of the International Bureau of the American Republics or in any other form which the said congress may deem proper, shall be charged principally with the execution of the resolutions which it may have adopted with the comparison and study of custom and tariff laws of the nations of America, in order to suggest to the respective gov- ernments the promulgation of laws and mea£ures which, with regard to custom-house formalities, may tend to simplify and to facilitate mercantile traffic. III. That in order to render useful and complete the study at the hands of the customs congress of the question referred to in Para- graph D of the preceding resolution, each one of the governments of the American Republics shall cause to be studied, by the chief admin- istrative officials of custom-houses, the nomenclature or vocabulary formed by the international bureau of said Republics, and that the governments shall send as rapidly as possible to the governing board of said bureau their remarks of the corrections which they may have thought proper to suggest in the said vocabulary. Said international bureau shall present to the customs congress, in the simplest and most complete form possible, the suggestions made by the governments, and, in addition, a French translation of the nomen- clature already published. IV. The ratification of the present resolution by the Govern- ments of the American Republics which may think proper to take such action shall be communicated to the governing board of the inter- national bureau of said Republics within six months from the closing of the conference. Made and signed at the City of Mexico on the 22d day of the month of January, 1902, in three copies, written in the Spanisn, English, and French languages, respectively, which shall be deposited in the depart- ment of foreign relations of the government of the Mexican United States, so that certified copies thereof may be made, in order to trans- mit them through the diplomatic channel to each one of the signatory States. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 17 For the Argentine Republic Antonio Bermejo. Lorenzo Anadon. For Bolivia Fernando E. Guachalla. For Colombia Rafael Reyes. For Costa Rica J. B. Calvo. For Chile - . _ Augusto Matte. JoAQ. Walker, M. Emilio Bello, C. For the Dominican Republic Fed. Henriqueiz Carvajal. L. F. Carbo. QuiNTiN Gutierrez. For Ecuador.- L. F. Carbo. For El Salvador .Francisco A. Reyes. Baltasar Estupinian. For the United States of America. . W. I. Buchanan. Charles M. Pepper. VoLNEY W. Foster. For Guatemala Francisco Orla. For Haiti J. N. L^ger. For Honduras J. Leonard. F. Davila. For Mexico _ G. Raigosa. JOAQUfN D. CaSASUS. E. Pardo, Jr. Jose Lopez Portillo y Rojas. Pablo Macedo. F. L. DE LA Barra. Alfredo Chavero. M. Sanchez Marmol. RosENDO Pineda. For Nicaragua F. DIvila. For Paraguay Cecilio BaeZ*. For Peru . _ -Manuel Alvarez Calder6n. Alberto Elmore. For Uruguay Juan Cuestas. MEASURES TENDING TO FACILITATE INTERNATIONAL COMMERCE. The undersigned delegates of the Republics represented in the Sec- ond International American Conference, duly authorized by their Gov- ernments, have approved the following resolution: The Second International American Conference resolves: The customs congress, which is to meet in New York, United States of America, in accordance with the resolutions of this conference, adopted in its session of the 27th of December, 1901, in the course of its labors shall investigate the following subjects: (a) The simplification of charges collected from merchant vessels, limiting them to that of tonnage only, which shall be collected in an equitable manner from the vessels which may bring cargo and from those in ballast. (h) Uniformity in the collection of the charges to which the forego- ing article refers, taking as a basis the gross tonnage of the vessels. S. Doc. 180 2 18 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. (c) The advisability tliat all the Governments of the Republics of America should enact laws, ordinances, or port regulations facilitating the entry and clearance of vessels with the greatest possible dispatch. (d) Measures tending to facilitate the loading and unloading of vessels. (e) Adoption of a maritime and administrative nomenclature for the custom-houses, in which all articles upon which duties are charged at present, or upon which they may be charged in the future, shall be enumerated in alphabetical order, and in equivalent terms, in English, Spanish, Portuguese, and French, in order that this nomenclature may be used in manifests, consular invoices, entries, permits, and other custom-house documents. The customs congress shall submit the result of its labors relating to the subjects mentioned in this report to the Republics of America. Made and signed in the City of Mexico on the 29th day of the month of January, 1902, in three copies, in Spanish, English, and French, respectively, which shall be deposited in the department of foreign relations of the Government of the United States of Mexico in order that certified copies thereof be made, to be forwarded through diplo- matic agency to each one of the signatory States. For the Argentine Republic Antonio Bermejo. Lorenzo Anadon. For Bolivia . _ _ -Fernando E. Guachalla. For Colombia Rafael Reyes. For Costa Rica J. B. Calvo. For Chile Augusto Matte. JoAQ. Walker M. Emilio Bello C. For the Dominican Republic Fed. Henriquez i Carvajal. L. F. Carbo. QUINTIN GUTIl^RREZ. For Ecuador . L. F. Carbo. For El Salvador Francisco A. Reyes. Baltasar Estupinian. For the United Statesof America. .W. I. Buchanan. Charles M. Pepper. VoLNEY W. Foster. For Guatemala Francisco Orla. For Haiti (under reservation of paragraphs A and B) J. N. L^ger. For Honduras. J.Leonard. F. Davila. For Mexico G. Raigosa. Joaquin D. Casasus. E. Pardo, Jr. Jose Lopez-Portillo y Rojas. • Pablo Macedo. F. L. DE LA Barra. Alfredo Chavero. M. Sanchez Marmol. RosENDO Pineda. For Nicaragua F. Davila. For Paraguay Cecilio Baez. For Peru Manuel Alvarez Calderon. Alberto Elmore. For Uruguay Juan Cuestas. JOURNAL OF PROCEEDINGS OF THE FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS, HELD AT THE CITY HALL, NEW YORK. First session Thursday, January 15, 1903. Second session Saturday, January 17, 1903. Third session Monday, January 19, 1903. Fourth session Tuesday, January 20, 1903. Fifth session Thursday, January 22, 1903. ATTENDANCE. Argentine Bepvhlic — Sr. Dr. Don Ramon j^lvarez de Toledo. Bolivia — Sr. Don Jorge E. Zalles, Sr. Don Gerardo Zalles. Cuba — Sr. Don Fidel G. Pierra. Ecuador — Sr. Don. A. Baquerizo. El Salvador — Sr. Don Rafael S. Lopez, Sr. Don Federico Mejia. Guatemala — Sr. Don James E. Davis, Sr. Don Julio J. Yela, Sr. Don Juan F. UUoa. Honduras — Sr. Don N. Bolet Peraza. Mexico — Sr. Don Javier Arrangoiz, Sr. Don Pedro M. del Paso. Nicaragua — Sr. Don Luis F. Corea, Sr. Don A. D. Straus. Peru — Sr. Don Alberto Falcon. United States — Hon. William R. Grace, Hon. O. L. Spaulding, Hon. Israel F. Fischer, Mr. N. N. Stranahan, Mr. William H. Lincoln, Mr. George W. Whitehead, Mr. Robert B. Armstrong, Mr. E. T. Cham- berlain, Mr. Joseph J. Couch, Mr. Kenneth Barnhart, Mr. Gustav H, Schwab. Uruguay — Sr. Don Luis Alberto de Herrera. Veneziiela — Sr. Don Augusto F. Pulido. The preliminary meeting of the First Customs Congress of the American Republics was called to order in the aldermanic chamber, City Hall, New York, on January 15, 1903, at 12.30 p. m., by the Hon. O. L. Spaulding, Assistant Secretary of the Treasury of the United States. On motion the following temporary officers were chosen: Chairman, Hon. W. R. Grace, of New York; secretary, E. T. Cham- berlain, Commissioner of Navigation of the United States. The following memorandum of the committee appointed by the gov- erning board of the Union of the American Republics to prepare the work of the customs congress was read: Committee appointed by the governing board of the Union of the American Kepublics, to prepare the work of the customs conference: Sefior Don Manuel de Azpfroz, ambassador of Mexico; Sefior Don Joaquin B. Calvo, minister of Costa Kica; Sefior Don Manuel Alvarez Calderon, minister of Peru; Mr. J. N. Leger, min- ister of Haiti; Seilor Don Augusto F. Pulido, charge d'affaires of Venezuela. A meeting of the committee appointed to prepare the work of the customs confer- ence was held at the Mexican embassy on the afternoon of Saturday, December 20, 1902. 19 20 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. The following were present: Seiior Don Manuel de Azpfroz, ambassador of Mexico; Sefior Don Joaqufn B. Calvo, minister of Costa Rica; Sefior Don Manuel Alvarez Cal- der6n, minister of Peru; Mr. J. N. L^ger, minister of Haiti; Sefior Don Augusto F. Pulido, charg6 d'affaires of Venezuela. Article I. Having in consideration that some of the delegates to the customs con- ference are at the head of the diplomatic missions, and the announcement having been given that the 15th of January is the date fixed for the President's dinner to the Diplomatic Corps, it was agreed to recommend to the governing board of the Union of the American Republics that the formal meeting of said customs conference be changed to the 17th of January, 1903. Art. II. The resolutions passed at the second Pan-American conference, held in the City of Mexico January 22 and 29, 1902, having been read, their contents were carefully considered. Art. III. The proposed programme submitted by the Hon. E. T. Chamberlain, a delegate appointed by the Government of the United States to the customs confer- ence, was read, and after a brief discussion the committee was of the opinion : First.^ That His Excellency the Secretary of the Treasury be requested to preside and deliver the address of welcome to the foreign delegates in the inaugural meeting in the city of New York at the place that may be designated January 17, 1903, at 11 a. m. Second. That one of the foreign delegates, to be selected at the first opportunity, be requested to answer the address of welcome in the name of his colleagues. Third. That the usual' formalities of organization shall follow and a committee on rules shall be appointed by the president-elect, said rules to contain the number and denomination of the committees among which the work shall be divided, according to the provisions of the above-mentioned resolutions of January 22 and 29, 1903, of the second Pan-American conference. Art. IV. The committees were also of the opinion that the International Bureau of the American Republics shall engross the programme of said customs conference according to the preceding articles, completing it as it may be necessary, and to have it printed in time opportune to be distributed among the delegates. M. DE AZPIROZ. J. B. Calvo. Manuel Alvarez Calder6n. J. N. Leger. Augusto F. Pulido. Conformably with the instructions in the memorandum above, the presentation of credentials and the call of the roll of delegates were deferred, and the congress adjourned to Saturday, January 17, at 11 a. m. E. T. Chamberlain, Temporary Secretary, Aldermanic Chamber, City Hall, New Yorh^ January 17, 1903. The second session of the customs congress of the American Repub- lics convened at 12 o'clock noon Saturday, January 17, 1903. Hon. W. R. Grace, temporarj^ chairman, called the congress to order and introduced Hon. Seth Low, mayor of the city of New York, who addressed the congress as follows: Mr. Chairman, Secretary Shaw, and Gentlemen of the Congress: On behalf of the city of New York it gives me pleasure to welcome this distin- guished body to our maritime and commercial city. The subject that calls this con- gress together would insure for it earnest attention in such an atmosphere under any circumstances; but the fact that the congress is composed of our friends and neigh- bors of the American continents makes it doubly welcome here. It is a true instinct, I am sure, that draws the Republics of the two Americas into friendly relations; and it is j)articularly pleasing to the people of New York that you should have chosen this city as the place for your deliberations. Like every seaport in the world, the city of New York looks out across the seas as well as inland over the hills and valleys that give to it commercial significance. Something of the world spirit is thus brought to us upon the wings of every breeze. It is, therefore, with a feeling akin FIRST CUSTOMS CONGEESS OF AMERICAN REPUBLICS. 21 to brotherhood that we of New York Avelcome you who come to us from other climes and other portions of the continent, for you and we are united, not separated, by the ocean, that great highway of the nations. Everything that makes for the ease and advantage of commercial intercourse between our country and yours we hail with a satisfaction born of the very instinct of commerce, for foreign commerce is as natural to New York as flight to a bird. It is a part of our life. I welcome this congress, therefore, to its deliberations with a heartiness bom of genuine interest in your action. I trust that your efforts may result in binding together in still closer bonds of commercial and fraternal interest all of the American Republics by facilitating ease of commercial intercourse between us all. If I can add anything to the comfort or convenience of the congress while it is in session or to the pleasure of any of its members while they are here, I hope you will give me the opportunity to do so. Gentlemen, I wish you a most successful meeting. The chairman then introduced Hon. Leslie M. Shaw, Secretary of the Treasury of the United States, who spoke as follows: Mr. Chairman, Mr. Mayor, and Members of the Customs Congress of the Ameri- can Republics: It is not in my province at this hour to enter upon an extended discussion of all or any one of the many interesting and important questions that may properly come before this customs congress. It is mine simply to give formal expression to what you must have already discovered, that the people of the United States welcome with greatest cordiality the distinguished representatives of the American Republics of which this congress is composed. The errand which brings you is well calculated to strengthen the bonds of friendship which so naturally unite us. American Republics have much in common, little in competition, and seldom anything in dispute. I can not well understand how any unfortunate complications can arise to interfere with these relations, but I do appre- ciate how, in the coming years, these relations may and ought to become more cordial and how each may be benefited by the interchange of thought and literature and commerce. International visits like this and the free exchange of ideas ought to and will redound to the end I have indicated and which, I doubt not, is universally desired. Levying import duties is not a modem method of raising revenues, nor is it con- fined to American Republics. It is fitting, however, that representatives of these Republics should annually confer and advise with each other on all subjects relating to customs service. I do not understand it to be the province of this congress to discuss the merits of tariff schedules or the relative wisdom of a tariff for revenue and a tariff for protec- tion. These questions constitute appropriate political issues and afford fruitful sub- jects for legislative consideration. This congress is called in the interest of the administration of customs laws as they exist in the several Republics. That no unnecessary time may be consumed in pre- liminaries a programme well calculated to facilitate your deliberations has been pre- pared by a committee appointed at an international conference which convened in Mexico one year ago. The administration of customs laws is perhaps as complicated as anything con- nected with the administrative branch of government. It covers a wide range of subjects. From the time a ship from a foreign port enters domestic waters until clearance papers are issued both the vessel and its cargo are subject to the jurisdic- tion, the supervision, the inspection, and the mandate of customs oflBcials. What shall be the requirements of manifests incident to entry and necessary to clearance, in what manner and during what hours cargoes may be discharged and received, the condition of wharves where the passengers and cargoes are discharged and received, the treatment of passengers, the inspection of baggage, the classification of merchan- dise, the appraisement of goods, warehousing, withdrawals for consumption, with- drawals for export, the liquidation of bonds, the allowance of drawbacks, the dis- covery and prosecution of frauds are but a few of the many questions with which customs ofl&cials have to deal, and they constitute therefore appropriate subjects for consideration by this body. I desire to emphasize the importance of one or two of these subjects. It has always been the policy of the United States, and it is also the law as again and again announced by our courts, to resolve reasonable doubts in favor of the importer. I assume that the same rule prevails in all countries. In other words, however much individuals may differ on the strict construction of constitutional provisions 22 FIEST CUSTOMS CONGBESS OF AMEBIC AN BEPUBLICS. and legislative enactments, all agree that in administering customs laws a liberal interpretation is not only permissible, but well-nigh imperative. This rule should apply, I think, with especial force with reference to drawbacks. The whole draw- back scheme has been worked out in the interest of the exporter. Any country can afford to be liberal, I think, with those who find a foreign market for the produce of domestic labor. There are always three prerequisites to the allowance of a refund of customs duties: First, the actual payment into the Treasury of the amount sought to be withdrawn; second, the employment of domestic labor in bringing the imported material to an advanced state of perfection; third, the discovery of a foreign market for the article in its improved condition and the actual exportation of the finished product. People may differ upon the proposition whether the tariff is or is not a tax upon the domestic consumer, but all concede that it is a burden upon the exporter of manufactures from imported material. When it is once conceded, therefore, that the Government does not desire to profit at the expense of its export trade, then the customs officials are justified in construing drawback laws as liberally as their lan- guage will permit, and legislators, I think, are justified in liberalizing these draw- back laws as far as possible. Another subject to which I desire to call special attention is that of appraisement. Ad valorem duties are ordinarily levied at the market value of the articles in the country whence imported. In many instances this market value is difficult of ascer- tainment. There are many articles of merchandise that have no market value abroad for the reason that they are produced exclusively for the export trade. These are usually imported by the manufacturer and are sold, duty paid. A large percentage of the frauds upon the customs revenues of a country are committed on consigned goods, and it has always seemed to me that the fact that goods are purchasable only in the domestic market raises a strong presumption that they are being undervalued. This practice not only drives the domestic importer out of business, but it prejudices the domestic manufacturer who produces competing goods. Another difficulty in the way of the appraiser arises from the fact that nearly all foreign goods can be purchased for export cheaper than for domestic consumption. Instances of this kinds are of daily occurence, and they cover a large range of articles. The fact that goods are sold for export cheaper than for the domestic market fre- quently works a great hardship upon the importer. He purchases abroad, and, pre- suming that he has paid the ordinary foreign market price, invoices at the price he has paid, but frequently finds himself subjected to an advance of from 10 to 75 per cent, with statutory penalties and no relief. I do not mention this subject in criticism of the well-nigh universal European practice of selling goods abroad cheaper than at home. I refer to it only as affording one of the difficulties in the administration of customs laws when it is sought both to protect the revenues, and also to protect the domestic competitive producer, and at the same time avoid unduly punishing an importer who has invoiced his goods at the actual price he has paid. But I must not unduly detain you in enumerating difficulties familiar to you all, and which are inherent. I hope you will pardon the suggestion, which may not be wholly germane to a customs congress, that in my judgment the commerce between the countries here represented might be very largely increased, and to our mutual advantage. The United States imports $1,000,000 per day of tropical and semi tropical products. This trade constitutes a valuable prize for which our sister Republics may laudably compete. The countries entitled to representation in this conference annually import nearly $500,000,000, largely food products and manufactures. For this prize the country I represent should compete with more earnestness than it at present manifests. The means of intercommunication are very unsatisfactory. To what extent they will be improved in the near future no one can predict, but that they can be materi- ally improved, and with very moderate expense to any of the countries represented, must be apparent to every thinking person. You will pardon the hope which I venture to express, that the time will come, and perhaps sooner than we dream — for commerce is the great leveler as well as the great civilizer and great educator — when the peoples represented here will be speak- ing a common language, and if so, then that language will be the most convenient language of commerce; when these peoples will have uniform standards of weights and measures, but if these standards shall ever be unified the choice must be made of those most convenient to commerce; when standards of value and denominations of money shall be uniform and internationally interchangeable, but if this is to be realized the adopted standard must be the best and the denominations the most con- venient; when standards of wages shall be measurably uniform, but if this shall ever be accomplished, then that standard must be the highest. There is no greater bless- ing to any people than high-priced labor. The commercial importance of a country FIEST CUSTOMS CONGEESS OF AMERICAN REPUBLICS. 23 is measured by the consumptive capacity of its people, and annual income is the test of consumptive capacity, and annual income is determined by the standard of wages. Therefore, in the hope that the acquaintances formed here, the interchange of ideas indulged here, the hopes and aspirations that may be inspired may tend at least in some degree to the betterment of the conditions of all the people represented, I again assure you, gentlemen, that you are very welcome. Gen. N. Bolet Peraza, delegate for Honduras, then replied to the addresses of welcome of the honorable mayor and the Secretary of the Treasury in the following words: Honorable Secretary of the Treasury, Mr. Chairman, Delegates: It is indeed a great honor, that which has been conferred on me by my colleagues, choosing me to respond to the address just delivered by the honorable Secretary of the Treasury, whose presence and words have added even more importance and solemnity to the opening session of this congress. I have in vain endeavored to find out the reason that induced my colleagues to intrust me with such an exalted commission, for which any other delegate would have been better fitted than myself; and the only motive that I can accept as reason- able for this act of preference is that the present congress, being a Pan-American congress, wishes to pay a tribute of remembrance to the first Pan-American con- ference which met at Washington thirteen years ago, presided over by that illustrious American, James G. Blaine; that initial assembly of the representatives of the sister Republics that laid the foundation for all the good feelings, all the good works, and all the hopes that since then have brought about the several successive meetings of the American family and the same which brings us to-day here to shake hands and work in harmony for our common welfare. The circumstance of my being the only delegate to the present congress who was also a delegate to that historical Pan-American conference suggests to me the sole explanation for the unexpected privilege of addressing you at this moment. And it is very gratifying to find, as I have found, in the words of the Hon. Mr. Shaw, the same spirit of fraternity, the same tone of familiar intimacy which charac- terized the words of Mr. Blaine at the opening of the first Pan-American congress; a spirit and a tone that are significant of the fact that a new principle is crystallizing in America; that a new bond has been formed among the free and sovereign nations of the New World; a wiser and broader principle than the old idea of international treaties; a stronger and more rational bond than even the ties of consanguinity, because there is no friendship so powerful, no kinship so binding, as that which comes from a high and far-reaching idea; and it is now evident that America is a New World in the broadest and most ample sense of the word; new, not only because it was discovered late after other parts of the globe, but because its ideas are modern and because the tendencies of its progress are toward an ideal of peace, liberty, and fraternity, a new basis for the intercourse of communities and of individuals in the future; ideas which in themselves discredit and condemn conquest, tyranny, and selfishness. The scope of the present congress is limited to the exclusive interests of commerce, but although our work will be somewhat dry and technical, from every point of view, the meetings will be pleasant and enjoyable. I know from experience that at the end of every one of these Pan-American gatherings we always part knowing each other better, feeling that we have extinguished from our minds many embar- rassing prejudices, and believing that when those prejudices do not hamper our clear judgment every difiiculty seems surmountable, every problem seems easy to solve, every clashing interest seems to bear along with it its proper compensation, and then the idea of American fraternity emerges as a possibility, as a necessity, not only for the good of the American nations, but also for the good of humanity and civilization at large. On behalf of my colleagues, and in my own name, allow me to express the sin- cerest thanks to the honorable Secretary of the Treasury, Mr. Shaw, for his heartfelt greetings on this occasion, and for the cordial welcome extended to us by the United States, and for the feeling of sincere regard from its Government which he so cour- teously conveys to all the countries here represented; and we beg Mr. Shaw to take with him to Washington the assurance of our best wishes for the prosperity and happiness of this great Republic. A motion was made and adopted, requesting the temporary chair- man to appoint a committee of five delegates to formulate rules and procedure for the organization of the congress. 24 FIRST CUSTOMS C0NGBES8 OF AMERICAN REPUBLICS. The Chair appointed as said committee Senor Don Luis F. Corea, Nicaragua; Senor Don Augusto F. Pulido, Venezuela; Mr. Kenneth Barnhart, United States; Senor Don Rafael S. Lopez, El Salvador; Hon. O. L. Spaulding, United States. On motion, a recess was taken to enable this committee to confer and report to the congress. This committee reported as follows: New York, January 17, 1903. The undersigned committee on rules have the honor to report to the honorable president of the congress: First, that they have decided that the congress be organized by the election of a president, vice-president, two secretaries, one assistant secretary. Second, that there be appointed by the president a committee on organization, consisting of one representative from each of the Republics represented in the con- gress who shall distribute the work among the several committees as they shall see fit. Luis F. Corea. AuGusTo F. Pulido. Kenneth Barnhart. Rafael S. Lopez. 0. L. Spaulding. On motion, duly seconded, the report was amended so as to provide for the election of two vice-presidents, and as thus amended, it was unanimously adopted. The congress then proceeded to the election of officers by roll call of the various countries represented. Gen. O. L. Spaulding was unanimously elected president of the cus- toms congress, and on taking the chair said: I assure you, gentlemen, that this is an unexpected honor, for which I am most heartily thankful. A meeting of this character, the International American Customs Congress, is a notable event. I esteem it a high honor to be permitted to participate in its delib- erations, and especially a high honor that the congress should have selected me to preside over it. Perhaps such a congress as this could not have been held a few years ago. Certain it is that it was not held, and it is a matter of congratulation that it is possible to-day. I enter upon the discharge of the duties with great diffidence, lessened, however, by the fact that I know the gentlemen who have thus honored me with the position will assist me in the discharge of its duties. I await the pleasure of the congress. The vice-presidents and secretaries were then elected by ballot, the chair having ruled that each country represented shall be entitled to one vote. The result was as follows: First vice-president, Fidel G. Pierra; second vice-president, Kenneth Barnhart; secretaries, P. M. del Paso and E. T. Chamberlain; assistant secretary, W. P. Mont- gomery. As the report of the committee on procedure provided for the appointment by the president of a committee on organization, consist- ing of one representative from each of the Republics represented, it was suggested and agreed that one delegate from each Republic should be appointed upon the committee on organization. The committee as thus appointed by the president is as follows: Bolivia, Seiior Don Jorge E. Zalles; Cuba, Sefior Don Fidel G. Pierra; Ecuador, Seiior Don A. Baquerizo; El Salvador, Seiior Don Rafael S. Lopez; Guatemala, Senor Don James E. Davis; Honduras, Senor Don N. Bolet Peraza; Mexico, Senor Don J. Arrangoiz; Nicaragua, Senor Don Luis F. Corea; United States, Hon. Robert B. Armstrong; Uruguay, Seiior Don Luis Alberto de Herrera; Venezuela, Senor Don Augusto F. Pulido. FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 25 CREDENTIALS. The president suggested that during the recess the delegates file their credentials with the secretaries. Delegate Fischer stated that the aldermanic chamber would be occu- pied by the board of aldermen on Tuesday next, 20th instant, and, on motion, the chairman appointed Mr. Fischer a committee to ascertain and report after recess a suitable place for holding the sessions of the congress on Tuesday next. On motion, at 1.15 p. m., a recess was taken until 3 o'clock. After Recess. The committee on organization submitted the following report: New York, January 17, 1903. The committee on organization have had the honor to adopt the suggestion of Mr. E. T. Chamberlain, i. e., to divide the work into four committees, and has appointed seven members for each committee. Each of these committees can subdivide its work as it may see fit. The following members have been appointed on the several committees: Committee on vessels. — Sen or Don J. Arrangoiz, of Mexico; Sefior Don Rafael S. Lopez, of El Salvador; Senor Don Fidel G. Pierra, of Cuba; Sefior Don Augusto F. Pulido, of Venezuela; Sefior Don James E. Davis, of Guatemala; Mr. Wm. H. Lin- coln, of United States; Mr. Gustav H. Schwab, of United States. Committee on merchandise. — Sefior Don P. M. del Paso, of Mexico; Sefior Don N. Bolet Peraza, of Honduras; Sefior Don A. D. Straus, of Nicaragua; Sefior Don Luis Alberto de Herrera, of Uruguay; Sef^r Don J. E. Zalles, of Bolivia; Mr. Kenneth Barnhart, of United States; Mr. Joseph J. Couch, of United States. Coynmittee on nomenclature. — Mr. George W. Whitehead, of United States; Mr. Robert B. Armstrong, of United States; Sefior Don J. Arrangoiz, of Mexico; Sefior Don L. A. de Herrera, of Uruguay; Sefior Don Federico Mejia, of El Salvador; Sefior Don J. E. Zalles, of Bolivia; Sefior Don Julio J. Yela, of Guatemala. Committee on future conferences and permanent organization. — Sefior Don N. Bolet Peraza, of Honduras; Sefior Don Luis F. Corea, of Nicaragua; Sefior Don A. Baque- rizo, of Ecuador; Sefior Don Rafael S. Lopez, of El Salvador; Sefior Don Augusto F. Pulido, of Venezuela; Hon. N. N. Stranahan, of United States; Hon. Israel F. Fischer, of United States. Respectfully submitted. J. E. Zalles. Fidel G. Pierea. A. Baquerizo. Rafael S. L6pez. Jas. E. Davis. Luis F. Corea. Augusto F. Pulido. Robert B. Armstrong. J. Arrangoiz. L. A. DE Herrera. The report of the committee was, on motion, unanimously adopted. committee meetings. Mr. Fischer announced that during recess he had arranged for meet- ing places for the committees as follows, assuming that the committees would meet on Monday morning: Committee on vessels, offices North German- Lloyd Line, 5 Broadway; committee on merchandise, col- lector's office, custom-house; committee on nomenclature, appraiser's office, Christopher and Washington streets; committee on future con- ferences and permanent organization, aldermanic chamber, city hall. On motion it was agreed that, with the exception of the committee on future conferences and permanent organization, the committees 26 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. should meet at the places designated at 10 o'clock a. m. on Monday, 19th instant, and that the congress reconvene in the aldermanic chamber, city hall, at 2 o'clock p. m. on Monday. On motion, the congress then adjourned until 2 o'clock p. m. on Monday, 19th instant. P. M. DEL Paso, Secretary. E. T. Chamberlain, Secretary. W. P. Montgomery, Assistant Secretary. Governors' Room, City Hall, N'ew York., January 19, 1903. The third session of the customs congress of the American Republics convened in the governors' room,'city hall, New York, at 2.30 o'clock p. m. Monday, January 19, 1903. Gen. O. L. Spaulding, president of the congress, opened the session by calling for the reading of the journal of the first session on Satur- day, 17th instant. The journal was corrected to show that Senor Don Federico Mejia, delegate from El Salvador, was present at the session on 17th instant. It was announced that Senor Don Ramon if Ivarez de Toledo, dele- gate from the Argentine Republic, and Senor Dr. Don Juan J. Ulloa, delegate from Guatemala, were present at this session. On motion, the president was requeued to appoint Senor Dr. Don Ramon if Ivarez de Toledo a member of the four committees created at the first session of the congress. The chair accordingly appointed the delegate from the Argentine Republic a member of the committee on vessels, merchandise, nomen- clature and future conferences, and permanent organization. REPORT OF COMMITTEE ON VESSELS. Mr. Schwab stated that the committee on vessels had met, this morn- ing, at the oflSce of the North German-Lloyd Steamship Company and organized by the election of a chairman, all members of the committee being present except one, and the committee had requested Mr. Schwab, as chairman, to present the following report: The committee on vessels have the honor to report — That they have appointed a subcommittee to consider in detail the subjects assigned to the committee and will report at the earliest possible day. The committee beg leave to present the following resolution to the International Customs Congress and to recommend its passage: The First Customs Congress of the American Republics recommends tothe Gov- ernments of the Republics represented that those Governments issue instructions to their principal officers of the customs and consuls, respectively, to facilitate the dis- patch of vessels engaged in international commerce by according shipowners, mas- ters of vessels, and shippers all conveniences and accommodations within their power, such conveniences and accommodations to include official services with equitable compensation during extra official hours in exceptional cases when the interests of international commerce would thereby be promoted. New York, January 19, 1903. GusTAv H. Schwab, Chairman. augusto f. pulido, Fidel G. Pierra, Jas. E. Davis, Rafael S. L6pez, Wm. H. Lincoln. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 27 Mr. Schwab said the committee asked that the secretary of the con- gress have a Spanish translation of this resolution made as part of the records of the congress. He also reported verbally that the committee had appointed a sub- committee for the purpose of examining into the laws and regulations of the various countries composing the customs congress with regard to vessels; and on behalf of that committee he requested that the dele- gates send to the committee on vessels copies of the rules and regula- tions of their respective countries pertaining to vessels. Furthermore, on behalf of the committee, he requested that Mr. E. T. Chamberlain, United States Commissioner of Navigation, be added to the committee. The president took a viva voce vote on this recommendation and announced that it was unanimously agreed that Mr. Chamberlain should be added to the committee on vessels. Mr. Schwab then asked that the congress vote on the adoption of the resolution reported by the committee. During the roll call it was stated that some of the delegates did not understand whether this resolution applied to subordinate officials as well as to the collectors or principal officers of the various ports. Mr. Schwab stated that it was fully understood by the committee that the resolution was to be as broad as possible, appl3dng to subor- dinate officials as well as customs collectors, and that it applied to every officer connected with the dispatch of vessels, either in the home coun- try or in foreign countries. The resolution was read in Spanish by Senor Don P. M. del Paso, secretary, and after some discussion it was moved that copies of the resolution in English and in Spanish should be furnished to the dele- gates, and that action upon it be deferred until the next session of the congress, in order that the delegates may confer. Mr. Schwab, on behalf of the committee on vessels accepted this motion, and the president announced that the resolution submitted by the committee on vessels would be printed both in Spanish and Eng- lish and distributed among the delegates for action at a future meeting of the congress. Objection was made to this course on the ground that the subject was sufficiently understood and it would unnecessarily delay the pro- ceedings of the congress to suspend action at this time. It was there- fore voted to reconsider the action just taken and proceed with the roll call on the adoption of the resolution as reported by the commit- tee on vessels. The roll was called and the resolution was unanimously adopted, as follows: Resolved, That the First Customs Congress of the American Republics recommends to the Governments of the RepubUcs represented that those Governments issue instructions to their principal officers of the customs and consuls, respectively, to facilitate the dispatch of vessels engaged in international commerce, by according shipowners, masters of vessels, and shippers all conveniences and accommodations within their power; such conveniences and accommodations to include official serv- ices with equitable compensation during extra official hours in exceptional cases when the interests of international commerce would thereby be promoted. Senor Don Fidel G. Pierra, delegate from Cuba, offered the follow- ing resolution: Resolved, That all resolutions and reports of committees be either printed or type- written in both English and Spanish and distributed to the delegates at least one day before action is taken upon them. 28 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. As it was believed that this would unduly prolong the deliberations of the congress, and as it was desired to complete the work of the present congress as speedily as practicable, after some discussion, a vote by roll call was taken upon this resolution and it was declared lost. REPORT OF COMMITTEE ON MERCHANDISE. The committee on merchandise reported that they had met at the office of the collector of customs at 10 o'clock a. m. this day, and agreed on the following report: The committee met at the office of the collector of customs at 10 o'clock a. m., and organized. Present: Senor Don P. M. del Paso, of Mexico; Seilor Don L. A. de Herrera, of Uruguay; Mr. Joseph J. Couch, of the United States; Mr, Kenneth Bamhart, of the United States. Mr. Couch was elected chairman and Mr. Barnhart secretary of the committee. Mr. Couch submitted a statement of ordinary procedure by the customs officers in the treatment of merchandise arriving at the port of New York from foreign countries. Senor del Paso, of Mexico, submitted a statement on the part of Mexico. The committee recommends that the statements of Mr. Couch and Sefior del Paso, submitted herewith, be accepted and printed in the reports of the congress, and that all Republics represented in the congress, as well as all other South American Repub- lics, be requested to submit statements of procedure by customs officers in the treat- ment of merchandise arriving in their several countries, said statements to be printed in Spanish and in English. In the absence of such statements from all the Republics concerned, the committee is unable to proceed further, and respectfully recommends that the consideration of merchandise be passed over, to be taken up at a future congress. Statements not prepared in time to be filed with the secretary of this congress should be filed with the Director of the International Bureau of the American Republics, at Washington, D. C. Joseph J. Couch, of the United States. P. M. DEL Paso, of Mexico. Luis Alberto de Herreka, of Uruguay. Kenneth Barnhart, of the United States. On roll call, the report and recommendations of the committee on merchandise were adopted. REPORT OF COMMITTEE ON NOMENCLATDRE. Senor Don Javier Arrangoiz, chairman of the committee on nomen- clature, presented the following report of the committee: The committee on nomenclature, known as division 3 of the customs congress, has the honor to make the following report: The committee met at 10 o'clock at the office of the appraiser, port of New York, the following members being present: Senor Don Javier Arrangoiz, Sefior Don Fed- erico Mejia, Senor Don Julio J. Yela, Sefior Don Jorge E. Zalles, Mr. G. W. Whitehead, and Mr. Eobert B. Armstrong. The committee first discussed Section C of the general subject — a common nomen- clature to be adopted in the official documents required in trade between the American Eepublics. In discussing Section C, which has to do with adequate means of estab- lishing any common nomenclature which may be recommended, Seilor Arrangoiz made the suggestion that a common nomenclature, based on the English language and providing for concentration of the tariffs of all the countries involved, be adopted. Sefior Arrangoiz had prepared and presented to the committee an elaborate form illustrating his idea, which is presented herewith. In explaining his plan, Sefior Arrangoiz declared that the present Commercial Nomenclature issued by the International Bureau of the American Republics is of comparatively little or no value, because the English terms are given simply in Spanish and Portuguese equivalents. Senor Arrangoiz explained in many cases a word in Spanish or Portuguese meant different things, according to the country in which it was used. For this reason he suggested that there be no attempt made to use the book in its present form as a guide to the proper classification of goods or the preparation of custom-house papers. He added that the general terms or groups FIK8T CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 29 under which goods are classified for custom-house purposes are the same in meaning in all countries of South America. Therefore, he suggested that the general groups be given first in English and then in Spanish and Portuguese equivalents, and follow- ing, in separate columns, one for each South American country, notations indicating the grouping or classification in the tariff, the rates of duty, and the portion of the tariff where specific information could be secured. In pointing out the advantages of this system he suggested that it would enable English-speaking importers to prop- erly classify and document articles for exportation to the countries included in the table. His general plan and suggestion was considered as practicable and tangible as far as it went. As an elaboration of and complement to the plan suggested by Seiior Arrangoiz, Mr. Armstrong suggested that the table proposed by Sefior Arrangoiz be utilized as an appendix to a new edition of the Commercial Nomenclature. He suggested that the book itself give the detailed nomenclature as at present, basing it upon the Eng- lish terms in commercial use. He thought that the English terms should be arranged alphabetically, and that following them, in separate columns, should be the equivalent in the language of each of the South American countries represented in the congress. After each specific term he suggested that a numeral be added, indi- cating that that specific article belonged in the general group in the table proposed by Senor Arrangoiz, to which a corresponding number was attached. Mr. Arm- strong suggested that these classification numbers be given for the English and also for each of the other equivalents, so that a difference of classification would be instantly indicated. For instance, in the case of boots or shoes, suppose they were classed as footwear in Mexico, in another South American country they might be classed as leather goods, and, therefore, the numbers should be attached to the Eng- lish and the equivalents as well Mr. Armstrong pointed out that in this way the present unsatisfactory volume could be made a compendium of the various tariffs, so far as classification was concerned. Such a volume would enable exporters and importers to find the equivalent in either English, Spanish, or Portuguese, for each of the countries interested, the general classification, and the rate of taxation in each country. This would enable, for instance, an American exporter to take an English equivalent of some commodity, instantly ascertain its equivalent in any South American Republic, be assured of the classification of that article under the tariff of the country selected, and the rate of duty to which it would be subjected. It would be invaluable in assisting importers and exporters as well in properly preparing all trade documents necessary for custom-house purposes in the commercial relations between the countries interested. Senor Arrangoiz accepted the suggestion of Mr. Armstrong as an improvement to his general plan, and the committee unanimously voted to recommend to the con- gress such a system of nomenclature. Senor Zalles suggested, as a further amend- ment, that wherever a country had a commercial treaty bearing upon the exportation or importation of any commodity, the commercial treaty be printed at the end of the tariff of each country and incorporated in the volume of Commercial Nomencla- ture. Sefior Mejia suggested in lieu of this proposition to indicate with an asterisk or some other sign at the beginning or end of the name of each commodity or group that a special treaty governed the international trade in that commodity or group. This was accepted by Sefior Zalles and the proposition as finally perfected can thus be briefly summarized. Prepare a new common nomenclature based on the English terms defining com- modities of commerce, together with the equivalents in each one of the American Republics. Add to each commodity term a numeral indicating the classification in each of the separate countries, the numeral, referring to a group of the corresponding number which will be found in the appendix in the back of the volume; this table to indicate the general groupings of the tariff in each of the countries represented. By means of an asterisk or other distinguishing mark, commodities or groups gov- erned by special commercial treaty are to be indicated. On Section A "Advantage or disadvantage of the common adoption of nomencla- ture of the metric system of weights and measures" for use in official documents required in trade between American Republics, the committee voted unanimously in favor of the adoption of the metric system, believing it to be more easily adapted to general use and that its adoption would accomplish economy in the handling of com- modities internationally. The metric system being in use in all the custom-houses of the South American Republics at present, and the customs service of the United States annually expending large sums for the translation of metric equivalents into the terms of weights and measures now in use in the country, the committee believe that the common adoption of the metric system would be of great advantage in a practical business way and recommends that this congress earnestly strive to accom- plish that end. 30 FIBST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. In discussing Section B, "Advantage or disadvantage of the common adoption of the English equivalents of general commercial terms such as are involved in the nomenclature of the metric system," Sef5or Mejia proposed that two or three pages of the Commercial Nomenclature be set apart for tne publication of these general English terms, together with their definition and the equivalents in the various countries of South America here represented. This the committee unanimously approved as being the most satisfactory method of dealing with the general English terms of commerce for this purpose. On motion of Mr. Whitehead, Sefior Arrangoiz was elected chairman of the com- mittee in recognition of his work in preparing the plan here outlined. After author- izing Sefior Arrangoiz to report the action of the committee to the congress, the committee adjourned. On roll call, that part of the foregoing report relating to nomen- clature was adopted unanimously. That portion of the report relating to the proposed adoption of the metric system of weights and measures was discussed separately. It was stated that a great deal of difficulty had been experienced in the United States in having the metric system introduced in the schools and in general use, and it would probably be years before the metric system would be accepted and used generally by the United States and England. It was believed, however, that the adoption of the metric system universally in the customs service was practicable and desirable. On roll call, the part of the report pertaining to the adoption of the metric system was adopted unanimously. RESOLUTIONS REFERRED TO COMMITTEE ON FUTURE CONFERENCES AND PERMANENT ORGANIZATION. Sefior Don Rafael S. Lopez presented the following preambles and resolutions in Spanish, which were translated into English for the congress, as follows: Whereas matters which concern this customs congress, as well as those which may be assembled in future for the same purpose, are of the greatest importance to the commercial relations of the nations of this continent; and, Whereas some of said nations have not sent their representatives to this congress, due to which fact it lacks the necessary data which are essential to the efficiency of the work of the congress, I have the honor to move the adoption of the following resolutions, it being understood that their adoption will in no wise interfere with the work of the congress already accomplished, or which may be accomplished at its present sessions: Resolved, (1) That the International Bureau of the American Republics be requested to immediately appoint a committee whose duty it shall be to compile and publish in one volume all the data relating to ships, merchandise, and nomen- clature of all the Spanish-American Republics to which the programme of this congress refers, said publication to be made in English, Spanish, and Portuguese. Resolved, (2) That the International Bureau of the American Republics, after said compilation has been made and published, shall convene another customs congress which shall meet at the city of Washington, as soon as possible. New York, January 19, 1903. These resolutions were discussed at some length, the consensus of opinion being that progress was being made at this congress, and that it would be unwise to refer these subjects to another congress which might make no better progress than has been made since the Second International Conference in Mexico last year, which cited, among other objects for which this customs congress was convened, the following: (1) The organization of a permanent customs commission composed of individuals possessing technical and expert knowledge, and which, as a branch of the Interna- tional Bureau of the American Republics, or in any other form that the congress shall deem proper, shall be charged particularly with the execution of the customs FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 81 and tariff laws of the nations of America for the purpose of suggesting to the respec- tive governments, for the enactment of laws and regulations which, in so far as they relate to custom-house formalities, shall tend to simplify the same and to facilitate mercantile traffic. On motion it was agreed that the resolutions of Senor Lopez be referred to the committee on future congresses and permanent organization. CUSTOMS PROCEDURE IN NEW YORK. On motion of Delegate Fischer, Mr. Couch was requested to read the excellent paper which he had prepared regarding customs pro- cedure in New York. Mr. Couch said, by way of introduction, that in preparing his paper he understood that it was the desire of the congress that there should be filed brief statements describing the customs procedure .of the vari- ous countries represented. He had done this for the United States by describing the ordinary methods of procedure in handling im- ported merchandise at the port of New York. Mr. Couch then read the paper, which was received with applause by the delegates, and may be found in Appendix I. Seiior Pierra, of Cuba, said that he had prepared a paper describing the customs procedure in Cuba, but had not as yet had an opportunity to file it with the proper committee. The chairman said that Senor Pierra's paper would be presented, and printed as a part of the proceedings of the congress. It is intended to obtain reports from the different countries with reference to their methods of procedure, so that when the question comes up for final consideration and determination by this or any future congress the methods of procedure of all the American Republics may be made uni- form as far as practicable. Delegate Fischer reported that he had seen the president of the borough who had said if the governor's room was large enough the future sessions of the congress may take place in this room. On motion, the congress, at 5 p. m., adjourned until 2 o'clock p. m., Tuesday, January 20, 1903, when the congress is to reconvene in the governor's room in the city hall. New York. P. M. Del Paso, Secretary, E. T. Chamberlain, Sec^'etary. W. P. Montgomery, Assistant Secretary. Governor's Room, City Hall, New York, January 20, 1903. The fourth session of the customs congress of the American Repub- lics convened at 2 o'clock p. m., Tuesday, January 20, 1903, in the governor's room in the city hall. New York. The journal of the third session of the congress, on the 19th instant, was read. The minutes were corrected to show the attendance of Senor Dr. Don Juan UUoa, delegate from Guatemala, at the preceding sessions of the congress. Also to show that the resolutions offered by Sefior Lopez of El Salvador were referred to the committee on future con- ferences and permanent organization. 32 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. The chairman, General Spaulding, presented the following telegram: Washington, D. C, January 20^ 190S. To the Chairman of the Inteenational Customs Congress, City Hall, New York: I am ordered to represent my country in the conference and will soon be present. In the meantime and by order of my Government, 1 have appointed Mr. Alberto Falcon as one of the delegates of Peru. Please accept my highest consideration. Manuel Alvarez Calder6n, Minister of Peru. The chair then stated that if there were no further objections, the journal of the 19th instant would stand approved. REPORTS OF COMMITTEES. Delegate Stranahan, of the United States, stated, in connection with the report of the committee on nomenclature, presented at the session on the 19th instant by Senor Don J. Arrangoiz, of Mexico, that it was desired to have this report made a part of the printed proceedings of the congress. On motion it was ordered that the memorandum prepared by the delegate from Mexico should be included in the proceedings of the congress (Appendix H). Senor Pierra, of Cuba, stated that in consequence of the inability of Mr. Schwab, chairman of the committee on vessels, to attend this ses- sion of the congress, Senor Pierra had been requested by the committee to act as his substitute and to report that the committee had made some progress in its work, and desired to submit three resolutions to the congress. The committee on vessels was laboring at some disad- vantage in not having at hand all the data necessary; nevertheless, they would be able to make recommendations of some importance. But they required more time, and the committee on vessels had there- fore requested Senor Pierra to ask that no session of the congress be held on Wednesday, 21st instant, in order that the committee may devote the whole day to the work they have in hand and be enabled to report to the session to be held on Thursday, 22d instant. Senor Pierra then presented the following preamble and resolution; The committee on vessels recommends that the resolution adopted yesterday by the congress to facilitate the dispatch of vessels be amended by adding the following: ''Whereas delays in the visits of health officers to vessels sometimes cause loss to shipowners, consignees, passengers, and otheis: "Resolved, That the Governments represented be requested to instruct their sani- tary officers to visit vessels immediately on arrival." A question arose as to whether this resolution would not require the visits of sanitary officers to be made at any hour of the day or night, and the following amendment to the resolution was adopted by roll call: " Provided that such visits should be in official hours." The roll was then called upon the adoption of the preamble and reso- lution as thus amended, and it was declared unanimously adopted as follows: Whereas delays in the visits of health officers to vessels sometimes cause loss to shipowners, consignees, passengers, and others; Resolved, That the Governments represented be requested to instruct their sanitary officers to visit vessels immediately upon arrival; provided that such visits should be in official hours. FIRST CUSTOMS COT^^GRESS OF AMERICAN REPUBLICS. 83 Secretary Chamberlain then read the following resolution recom- mended by the committee on vessels for adoption by the congress: Resolved, That the customs congress recommends to the Governments represented that fines imposed on masters of vessels for omissions or infractions of laws in mak- ing out customs documents be condoned in all cases when in the judgment of the Department of the Treasury it appears that there was no intention to commit fraud. The delegate from the Argentine Republic, Senor Don R. Alvarez de Toledo, addressed the congress in Spanish on this resolution, the substance of his remarks being interpreted for the benefit of the English-speaking delegates by Gen. N. Bolet Feraza, of Honduras, as follows: Dr. Toledo says he will be obliged to vote in the negative on that resolution for the reason that in the Argentine Republic the customs laws are very strict in requir- ing the imposition of these fines, and they can not be condoned. This is done in order to prevent smuggling. And as the resolution interferes with the established legislation of his country he did not consider himself authorized to vote in favor of any measure which is antagonistic thereto. Gen. N. Bolet Peraza, speaking for himself, continued, saying that in several previous conferences of this nature the question had arisen whether it was competent for such bodies to recommend for adoption by the various Governments measures opposed to the legislation of the respective countries; and he believed this congress was convened for that very purpose — to see whether the customs service of the various countries could not be made more uniform, and if the respective Gov- ernments can not accept the recommendations of this congress even if only a few of the Governments represented adopt such recommendation. The roll was then called upon the adoption of the foregoing resolu- tion, and it was declared adopted. Senor Pierra presented a third resolution recommended for adoption by the congress by the committee on vessels, as follows: Resolved, That the customs congress recommends that when packages are unladen from a vessel which are not destined for that port, but for another port, domestic or foreign, said packages shall be returned without the imposition of a fine, as soon as it can be proved that said packages are destined for another port, said proof to be by telegraph or by certificates issued by the customs officers of the port where said packages were missed. The roll was called on the adoption of this resolution, and it was carried, the delegate from Uruguay voting in the negative on the ground that such mistakes are usually the fault of the consignee, and are of very rare occurrence. Senor Pierra said that in presenting the report of the committee on vessels he had referred to the request of that committee that no ses- sion of the customs congress be held on Wednesday. He now desired to move that when the congress adjourns to-day it adjourn until Thursday, 22d instant, at 2 o'clock p. m. The motion was adopted. Senor Don James E. Davis, of Guatemala, subsequently asked a reconsideration of this vote, stating that some of the delegates con- sidered it desirable either to hold a session of the congress on Wednes- day or to reconvene at 10 o'clock a. m. on Thursday. The motion to adjourn until 2 o'clock on Thursday was reconsidered, and some discussion ensued, but subsequently the original motion pre- vailed, and the chair announced that when the congress adjourned to-day it would be until Thursday, 22d instant, at 2 o'clock p. m. S. Doc. 180 3 34 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. Senor Don Jorge E. Zalles, of Bolivia, presented a paper describing customs procedure in Bolivia, with the customs laws 'and tariflf, their system of nomenclature, etc. , which was received and ordered printed with the minutes of the congress. EXTENSION OF MONROE DOCTRINE. Senor Dr. Don R. Alvarez dc Toledo, of the Argentine Republic, introduced the following preambles and resolutions, which were translated as follows: New York, January 20, 1903. To THE Customs Congress Assembled in New York: Whereas (first) international questions now being discussed are of a political nature, the essence of which is fundamentally commercial, involving principles of the law of nations relating thereto. Second. That such questions can not be foreign to the purpose of this conference, the object of which is to reach the decision of questions which may uniformly bind together the Republics of both American continents. Third. That the Monroe doctrine, which involves ideals of continental American policy concerning territorial integrity, should be amplified, giving it also a commer- cial significance which shall tend to foster commerce and industry by means of tariffs calculated to benefit both Americas, and which may permit an easy inter- change of their raw materials, still more advantageous, if possible, than the trade they are carrying on at present with the other nations outside of both Americas. Therefore, the Congress resolves: 1. To recommend to the Republics represented in this conference the prompt ratification of the treaties of commercial reciprocity, which are awaiting the legal sanction of their respective Congresses. 2. To recommend the negotiation of treaties of reciprocity if the same are not at present in course of negotiation or awaiting the legal sanction of the respective countries. 3. To recommend that said treaties should be negotiated on the basis that tariffs on exportable raw material shall be specially calculated to foster the commercial interchange of the American continents on more liberal terms than the tariffs in force with other nations which are outside of the American Hemisphere. R. A. DE Toledo, Delegate of the Argentine Republic. Senor Don Rafael S. Lopez, of El Salvador, speaking on the propo- sition to refer the foregoing resolutions to the committee on future conferences and permanent organization, said he thought it more advisable to appoint a special committee to consider and report on this subject, and he deemed it beyond the province of the customs congress to deal with these subjects affecting questions of international law. He therefore moved that the preambles and resolutions offered by Seiior Dr. Don R. Alvarez de Toledo be referred to a special com- mittee of seven delegates, to be appointed by the chair. On roll call this motion was adopted, and the chairman subsequently appointed the following special committee: Senor Don Rafael S. Lopez, of El Salvador; Senor Don Dr. R. Alvarez de Toledo, of Argentine Republic; Sefior Don Javier Arrangoiz, of Mexico; Mr. N. N. Stranahan, of the United States; Sefior Don N. Bolet Peraza, of Honduras; Senor Don James E. Davis, of Guatemala; Senor Don Jorge E. Zalles, of Bolivia. General Spaulding requested Senor Pierra, first vice-president, to take the chair while he conferred with the delegates in regard to the appointment of the above committee. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 35 REPORT OF COMMITTEE ON FUTURE CONGRESSES AND PERMANENT ORGANIZATION. On motion of Senor Lopez, of El Salvador, the congress took up for consideration the report of the committee on future congresses and permanent organization, which is as follows: To THE International Customs Congress op American States: Your committee on future congresses respectfully reports that it has carefully con- sidered that portion of the programme of the congress comprised in Division IV and therein set forth as follows: "Division IV. Future congresses and permanent organization. 1. Organization of a permanent customs commission. 2. Advisability of determining definite periods for the assembling of future customs congresses." Your committee is clearly of the opinion that the next customs congress should be held in the city of Washington, for the reason that all desirable documents and papers to which the congress should have access are there available, and for the fur- ther reason that in that city all of the countries interested are officially represented; and your committee is of the opinion that the date of the meeting thereof should be left to the board of directors of the International Bureau of the American Republics, but it is suggested that the same be held as soon after the completion of the publi- cation hereinafter recommended as practicable. Your committee does not at this time deem it advisable to recommend definite periods for the assembling of future customs congresses, but prefers that that subject should be left to the next congress, when the work, it is hoped, will be better in hand; but it is respectfully suggested that at that time some definite plan for future congresses be adopted. The present congress has suffered from the lack of data showing the present laws and regulations in customs matters of the various countries represented. In order that such subjects may intelligently be considered by such a body as this, it is be- lieved to be desirable that such matter relating to each country should be published in such form as to enable the congress to make ready comparison. It is therefore respectfully recommended that the board of directors of the Inter- national Bureau of the American Republics, through a commission appointed by it as soon as practicable, cause to be prepared and printed, in English, Spanish, and Por- tuguese, such a compilation, giving in succinct form the practice of each country upon the subjects of vessels, merchandise, and the nomenclature in use. With reference to the proposition for the creation of a permanent customs com- mission, referred to your committee and suggested by a resolution of the Second International Congress, held in the City of Mexico, your committee is of the opinion that the end sought to be accomplished by this conference is not suflEiciently far advanced to warrant the congress in taking definite action thereon at the present time, but believes that such a course will eventually prove practicable and useful, and may properly be considered by the next congress when it shall have access to the data above mentioned. Therefore we recommend to the congress the adoption of the following resolutions: First. That a commission be appointed by the board of directors of the Interna- tional Bureau of the American Republics, as soon as practicable, whose duty it shall be to prepare and have printed, in English, Spanish, and Portuguese, a compilation in succinct form, giving the practice of each country upon the subjects of vessels, merchandise, and the nomenclature in use therein, such publication to be arranged in form to afford ready comparison. Second. That the next session of this congress convene in the city of Washington as soon after the completion of the foregoing compilation as possible, the same to be called by the board of directors of the International Bureau of the American Republics. Third. That the question of the definite meetings of future congresses and the appointment of a permanent customs commission be referred to the next congress. On motion, the recommendations contained in the report were con- sidered seriatim. The first recommendation of the report was adopted by roll-call vote, and reads as follows: That a commission be appointed by the board of directors of the International Bureau of the American Republics as soon as practicable, whose duty it shall be to 36 FIRST CUSTOMS CONGRESS OF AMElilCAN REPUBLICS. prepare and have printed, in English, Spanish, and Portuguese, a compilation in succinct form, giving the practice in each country upon the subject of vessels, mer- chandise, and the nomenclature in use therein, each publication to be arranged in form to afford ready comparison. During the consideration of the second recommendation the dele- gate from Uruguay, Sefior Dr. Don Luis Alberto de Herrera, pro- posed that the next customs congress should be convened in the city of Habana, Cuba, as it was the most accessible of the Southern Repub- lics, and he deemed it a compliment which should be paid to the youngest of the Republics by the older nations. He therefore moved that the second recommendation of the committee on future congresses be amended so as to provide that the place of meeting of the next congress be changed from Washington to Habana, Cuba. The delegate from Cuba, Senor Pierra, thanked the delegate from Uruguay for making this suggestion, and said he was sure his Govern- ment would be very glad to entertain the next customs congress in the city of Habana, if that were chosen as the place of meeting. Gen. N. Bolet Peraza, of Honduras, said that while it had been the custom of the Pan-American conferences to hold meetings from year to year at the capitals of the different countries represented, it must be remembered that this congress is not a Pan-American conference. It is a congress which has a great deal of work to do which can best be performed in Washington, where all the records and statistics com- piled by the International Bureau of the American Republics are at hand, and where all the Governments of the American Republics are officially represented. A vote by roll call was taken upon the motion to amend the secon 1 recommendation of the committee by providing that the next congress convene in Habana, Cuba, and it was declared lost. The roll was then called on the adoption of the second recommenda- tion of the committee, and it was adopted as follows: That the next session of this customs congress convene in the city of Washington as soon after the completion of the foregoing compilation as possible, the same to be called by the board of directors of the International Bureau of the American Republics. The third recommendation of the committee on future congresses and permanent organization was then adopted as follows: That the question of the definite meetings of future congresses and the appointment of a permanent customs commission be referred to the next congress. Chairman Spaulding announced the appointment of the special com- mittee to consider the Argentine resolutions, as above stated. Delegate Fischer, of the United States, extended an invitation from the State Department of the United States to the delegates to the cus- toms congress to attend a dinner at Delmonico's, Fifth avenue and Forty-fourth street, at 7 o'clock p. m. , Thursda3^, 22d instant. On motion, the congress adjourned until 2 o'clock p. m., Thursday, January 22, 1903, in the governor's room, city hall. New York. P. M. DEL Paso, Secretary. E. T. Chamberlain, Se(yretary. W. P. Montgomery, Assistant Secreta/ry, FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 37 Governor's Room, City Hall, New York, January ^^, 190S, The customs congress convened its fifth session at 2.15 p. m., Thurs- day, January 22, 1903, in the governor's room, city hall, New York. The journal of the fourth session on the 20th instant was read and cor- rected as follows : To show that the delegate from Bolivia also submit- ted the customs laws and the tariff of his country together with a description of the Customs Procedure in Bolivia. The journal was also corrected to show that the special committee to whom was referred the resolutions offered by the Argentine Repub- lic consisted of 7 delegates appointed by the chair. Gen. N. Bolet Peraza announced that the consul-general of Nica- ragua, Mr. A. D. Straus, had requested him to report that he had been duly appointed a delegate to this customs congress by his Government and asked to have his name inscribed in the attendance. Senor Don R. S. Lopez reported that Senor Don Luis F. Corea, of Nicaragua, had been suddenly called to Washington and could not return until Monday next. The delegate from Nicaragua was there- fore excused from attendance at the further sessions of the congress. Referring to the telegram from the minister of Peru, which was read at the third session of the congress on the 20th instant, Senor Don Alberto Falcon was present at this session. REPORT OF COMMITTEE ON RECIPROCITY RESOLUTIONS. The chair stated that a communication had been received from Seiior Dr. Don R. Alvarez de Toledo, delegate from the Argentine Republic, which, being in Spanish, was read to the congress by Secretary del Paso, who translated it into English, in substance, aS" follows: New York, January ^^, 1903, To THE Honorable President OF THE American Customs Congress, Aldermanic Chamher^ City Hall, New York, Honorable Mr. President: I hereby resign my commission as a delegate from the Argentine Republic to the customs congress. I therefore assume that, under the circumstances, the resolutions offered by me at the session of the congress on the 20th instant will be with- drawn. In view of my resignation, I am unable to sign the report of the special committee to which the resolutions were referred, propos- ing that the different Governments represented negotiate reciprocity^ treaties. Therefore, I will consider the resolutions withdrawn and that they will not appear as a part of the records of the congress. With assurances of my distinguished consideration to yourself and the honorable delegates from the American Republics, I am. Very respectfully, R. A. DE Toledo, Delegate from Argentine Republic, The chairman said it was, of course, for the congress to determine whether the resolutions could be withdrawn, or what action should be taken upon them, inasmuch as they had been referred to a special committee which was ready to report upon the subject at this session. 38 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. On motion, the report of the special committee was received, and is as follows: New York, January 22, 1903. To THE Customs Congress of the American Republics: Your special committee appointed by the chair at the session lield on the 20th of January, 1903, to consider the resolutions offered by the honorable delegate, Seiior Dr. Don R. Alvarez de Toledo, representing the Argentine Republic, respectfully reports: That they have carefully considered the aforesaid resolutions, hereto annexed and made part of this report. That your committee entirely sympathizes with the spirit of the said resolutions so far as their purport is to extend and cement the political and commercial relations between the American Republics, and earnestly desires the material prosperity and political security and integrity of all the countries represented. Your committee believes that the matters involved in the resolutions call for the exercise of the treaty-making power of the countries, and are hence foreign to the jurisdiction of this congress. We therefore recommend that the congress refrain from definite action upon the various recommendations contained in the resolutions, but that the same, together with the report of this committee, be respectfully referred to the Governments of the various countries represented, and therefore recommend the adoption of the following resolution: ^^ Resolved, That the resolutions offered by the honorable delegate, Seiior Dr. Don R. Alvarez de Toledo, representing the Argentine Republic in the customs congress of the American Republics, on January 20, 1903, together with the report of the committee thereon, be respectfully referred by the congress to the Governments of the various American countries for such action as to them may seem proper. ' ' Respectfully submitted. Seiior Don F. G. Pierra, of Cuba, moved that the report of the committee be laid on the table for consideration without definite date. This motion was seconded by Seiior Ulloa, of Guatemala, who con- sidered the subject-matter of these resolutions as beyond the scope of the customs congress. Senor Lopez, of El Salvador, supported the motion on the ground that the congress was not empowered to act on the resolutions. The roll was called on the adoption of the motion to lay the report and recommendations of the special committee on the table, and it was declared adopted. The delegate from Venezuela, Seiior Don Augusto F. Pulido, stated that it was with profound regret that he would be obliged to tempora- rily withdraw from the important deliberations of this congress owing to the unhappy circumstances now happening in his country, which required his immediate presence in Washington. The delegate from Ecuador moved that the congress grant the request of the delegate from Tenezuela, and regrets the unfortunate circumstances which compelled his return to Washington. This motion was adopted. REGULATIONS GOVERNING MERCHANDISE IN TRANSIT. The delegate from Bolivia, Seiior Don Jorge E. Zalles, submitted the following preamble and resolution, which were duly seconded: Whereas the second Pan-American conference at the City of Mexico, in its resolu- tion of January 22, 1902, Paragraph II, Letter F, recommends simplicity and uni- formity of the custom-house regulations governing merchandise in transit through the territory of one country when destined for use or consumption in another, or other countries observing the principles of free commercial transit on the ^errestrial and fluvial highways of the nations of America, without collecting duties or charges FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 39 other than those which represent a just compensation for services rendered, but sub- ject to all the formalities in force in the country which grants the transit; Whereas the object of the present congress being the adoption of measures to facilitate the commercial regulations of the American Republics, including the free transit of merchandise as one of these measures: Therefore, Resolved, That the principle of free international transit for merchandise through the territory of one country destined for use or consumption in another or other countries by terrestrial or fluvial highways of the American Republics, is approved by the customs congress, which recommends to the Governments of the American Republics the enactment of measures to make effective that principle. On roll call the foregoing- preamble and resolution were declared unanimously adopted. REPORT OF COMMITTEE ON NOMENCLATURE. The committee on nomenclature submitted a communication from the Department of State to the chairman of the congress, dated Wash- ington, D. C, January 19, 1903, transmitting copy of letter from the Secretary of the Treasury, requesting that certain additional informa- tion be given in the next edition of the Code of Commercial Nomencla- ture, published by the International Bureau of American Republics. The committee requested that this correspondence be referred to the International Bureau of the American Republics along with its report previously submitted. By direction of the chairman this correspondence will be transmitted to the International Bureau of the American Republics. REPORT OF COMMITTEE ON VESSELS. Senor Don Fidel G. Pierra, acting chairman of the committee on vessels, presented the following resolution recommended by the com- mittee for adoption by the customs congress: Resolved, That in order to facilitate the prompt dispatch of vessels the customs congress of the American Republics recommends to the Governments represented that instructions be issued to collectors of customs to authorize, on request, the preparation of outward cargoes in advance of the arrival of the vessel, subject to necessary customs regulations. Senor Pierra explained that the general rule is that no cargo intended for export can be deposited on the wharves or anywhere for the pur- pose of being taken on board vessels until the vessels arrive. This is a great inconvenience in those countries where this rule prevails, and in order to obviate this as far as possible the committee on vessels recommended the adoption of the foregoing resolution. A vote by roll call was then taken, and it was declared unanimously adopted. Senor Pierra then submitted the foiiowing resolution recommended for adoption by committee on vessels: Resolved, That the customs congress of the American Republics recommends to the Governments represented that instructions be issued to permit the loading and unloading of vessels during the night in such cases as conditions may allow, and in the discretion of the duly constituted authorities. On roll call this resolution was unanimously adopted. Senor Pierra said the committee on vessels also recommended the adoption of the following resolution: Resolved, That the customs congress of the American Republics recommends to the Governments represented that instructions be issued to permit the loading and unloading of vessels on holidays, Sundays included, except national holidays. 40 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. This resolution was adopted on roll call. The committee on vessels also recommended the adoption of the following resolution: Resolved, That the customs congress of the American RepubUcs recommends to the Governments represented that instructions be issued to permit the simultaneous loading and unloading of cargoes on and from the same vessel. Senor Lopez, of El Salvador, stated that such permission was usually granted in all countries, and he thought the resolution unnecessary. Senor Pierra said some countries did not grant the permission. The resolution was adopted by roll-call vote. Senor Pierra then submitted the following preamble and resolation, which the committee on vessels recommended for adoption : Whereas the first customs congress of the American Republics reports that the general practice of the principal maritime nations is to employ net register tonnage as the basis of national charges on vessels, as distinguished from local and individual charges, and that the selection of net tonnage as the basis appears to improve the conditions of labor at sea and to promote more rapid communication between differ- ent countries: Therefore, Resolved, That the congress recommends to the Governments of the Republics represented, notwithstanding the recommendation made by the Second International Conference held in the City of Mexico in January, 1902, that gross tonnage should be the basis of shipping charges, that those Governments, so far as practicable, adopt net register tonnage as the basis of national charges on vessels. On roll call the foregoing resolution was declared adopted. » REPORT OF COMMITTEE ON MERCHANDISE. Mr. Couch, on behalf of the committee on merchandise, submitted the following additional report of that committee, which was read in Spanish and in English, and ordered made a part of the records of the congress: The committee appointed to study the matter in regard to merchandise. Division II of the programme approved for the proceedings of the congress, have the honor to report: That in compliance with the resolutions of the session of the 20th instant, its former report is enlarged. The committee, besides the reports of the delegates from the United States and Mexico, referred to in its previous communication, have received the report of the delegate of Cuba, extensively dealing with the same subjects taken up in the two aforesaid reports. It has also received certain amount of data presented by the del- egate from Bolivia, and one copy of the imports tariff in force in Uruguay, together with its supplement, presented by the delegate of said Republic. The lack of data in regard to the other countries is the cause why the committee can not perform the work that it would like to do of making a general comparison of the proceedings of the different countries in relation to merchandise to be imported into them, in order to suggest what it may be the most proper thing to recommend from every one of the reports submitted and what it may be necessary to reform in behalf of international trade, but as far as this work can not be done at present, but having in view to be carried on in the near future, the committee, bearing in mind the recommendation made to every country to provide the data concerning to each one of them, the committee, however, wish to enter into a few general considera- tions and to submit several resolutions to the congress, also on general terms, upon the matters subject to its study. The policy, almost general, of all the American countries, is that shipments of mer- chandise to any of them should be accompanied with a declaration from the shipper of the goods, stating certain details in regard to the merchandise to be imported, viz, weights, measures, or number of pieces under the unit chosen for their classification, and other details intended to enlighten the custom-house of destination about the class and quantity of the imported goods so it may figure exactly or approxi- mately the amount of duties to be collected before the making of the entry or revi- sion oi the packages. These declarations are called consular invoices. The regulations of several countries require said declarations to be made so accurately and so closely FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 41 with the nomenclature used in their tariffs that this requisite constitutes in itself a serious drawback to the shippers, as it imposes upon them the duty of knowing per- fectly the custom technology of the country the merchandise is shipped to. Should they fail to comply with this, they are liable to bear the fines incurred by such errors, although they are committed without the least idea of fraud. The idea of the abolishing the consular invoices has been suggested to the com- mittee, but the same committee have not deemed advisable to make this recom- mendation, because the amount of the collection from the consular certifications is considered as part of the ways and means in the expenditure bills of every country and generally is used to cover, in part at least, the expense for the maintenance of the consular corps. Another of the subjects studied by the committee is that of international transit through the territory of a nation by goods intended to be consumed in another one. Some of the countries, by their special situation, by the importance of their ways of communication, or by other circumstances not worth to be mentioned in here, show better commodities for such a traffic on account of the saving of time and freight charges through their territory over the direct transportation from the exporting nation to the importing one. Some of the countries have in their legislation liberal franchises for such traffic, but some of them try to restrain it, either because they require a bulky documentation for the goods in transit or because they impose very heavy duties on those goods in transit that are thus overtaxed and make the saving on freight on that route unavailable. The encouragement of international transpor- tation of merchandise is commendable because it undoubtedly constitutes a conven- ience not only for the country of destination, but also for the country the goods are transported through, as it affords activity to the transportation roads and work for the people handling the goods. The United States have understood this and give all kinds of facilities to the transit of merchandise to Canada and to Mexico. Uruguay does the same toward the great quantity of goods passing through her ter- ritory for Brazil. Taking in consideration all the above-mentioned arguments, the committee have the honor to submit to the approval pf the congress the following resolution: The customs congress recommends^ to the American Republics a reform in their custom-house regulations as far as it may be necessary to attain the following results: First. To give the utmost facilities to foreign goods coming into the jurisdiction of the country to which they are intended to be imported. Second. To simplify as much as possible the original declarations that have to be made in the place of manufacture, specially in regard to the wording of consular invoices, and have these documents made as simple as possible, in order to save the shippers fines or responsibilities incurred by imperfect declarations, while made without any intention of fraud- Third. To facilitate either to the shippers or the importers the rectification of errors or differences that may occur in the shippers' declarations without being liable to penalties. Fourth. To facilitate international traffic of foreign merchandise through different countries, simplifying as much as possible the customs documentation that is neces- sary for such operation, taking, at the same time, all necessary precautions to pre- vent fraud. Also to allow to pass without paying transit taxes the goods subject to such taxes wherever said exemption may be suitable to the resources and economical conditions of the country they are going through. The committee respectfully submit to the congress decision the subjects men- tioned above. Sefior Don Alberto Falcon, delegate from Peru, in regard to the consular fees which the committee seemed to consider a source of revenue to the various countries, said that it was perfectly practicable to pay these fees without an}^ necessity for consular invoices, the preparation of which requires a great deal of red tape and unnecessary delay, and from the higher standpoint of facilitating the commercial intercourse between the various American Republics, Senor Falcon thought the suppression of consular invoices would be very beneficial. The Argentine Republic does not now require them, and they could be abandoned in all the countries without lessening the income derived from consular fees. The roll was then called upon the adoption of the report and recom- mendations of the committee on merchandise, as printed above, and the same were declared unanimously adopted. 42 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. CUSTOMS PROCEDURE IN GUATEMALA. Senor Don James E. Davis, delegate from Guatemala, filed with the secretary a copy of the customs procedure and rules of the Repub- lic of Guatemala, which the chair ordered filed and printed as a part of the records of this congress. ADJOURNMENT. Senor Don James E. Davis, of Guatemala, then said:. Inasmuch as there appears to be no further business for the congress to transact, and for the further reason that some of the delegates are leaving, and others who are not present to-day will not be here until the first of next week, I move that the customs congress do now adjourn sine die. Senor Pierra, of Cuba, called attention to the fact that the full pro- ceedings of the customs congress had not been approved and signed by all the delegates and suggested the propriety of holding another session for this purpose. Secretary Chamberlain said, in view of the absence of some of the delegates who had been obliged to return to Washington and elsewhere, that a digest of the action of the customs congress would be prepared in Washington and sent to the several delegates for their approval and signatures. A resolution of thanks to the officers of the congress was adopted. Senor Don Jorge E. Zalles, of Bolivia, then offered the following resolutions, which were unanimously adopted: Resolved, That the customs congress of American Republics, on the eve of final adjournment, desires to record its appreciative gratitude — To the governing directors and the International Bureau of the American Republics for preliminary work in the organization of the congress; To the honorable the Secretary of State of the United States of America for assist- ance rendered in the assemblage of the congress; To the honorable the Secretary of the Treasury of the United States of America for his able inaugural address; To the honorable the mayor of the city of New York for his cordial welcome; to the board of aldermen for the use of the city hall of New York, and to the honorable the clerk of the city of New York for courtesies extended to the congress during its sessions. The secretaries were requested to transmit copies of the foregoing action to the gentlemen designated in the resolutions. A vote was then taken on the motion to adjourn sine die and it was adopted. In closing the session, the chairman. General Spaulding, said: Gentlemen of the Congress: The Chair desires to thank you for your generous approval as expressed in the resolutions just adopted. Whatever success the Chair has attained as your presiding ofiicer has been through your courtesy, forbearance, and kindly consideration. Wishing you all a safe return to your homes, I now declare this Congress adjourned sine die. Adjourned 4.15 p. m., Thursday, January 22, 1903. P. M. DEL Paso, Secretary, E. T. Chamberlain, Secretary. W. P. Montgomery, Assistant Secretary, FIRST CUSTOMS CONGRESS OF AMERICAK REPUBLICS. 43 REPORT OF COMMITTEE ON NOMENCI.ATURE. The committee on nomf»nclature submitted a communication from the Department of State, dated Washington, D. C, January 19, trans- mitting copy of letter from the Secretary of the Treasury, requesting that certain additional information be given in the next edition of the Code of Commercial Nomenclature published by the International Bureau of the American Republics. The committee requested that this correspondence be referred to the International Bureau of the American Republics along with its report previously submitted. By direction of the chairman this correspondence will be transmitted to the International Bureau of the American Republics. Department of State, Washington, January 19, 1903. Sir: I inclose heYewith a copy of a letter from the Secretary of the Treasury requesting that certain additional information be given in the next edition of the Code of Commercial Nomenclature published by the International Bureau of the American Republics. The Director of the International Bureau of the American Republics, whose views in the matter were requested by this Department, suggests that, as this is one of the questions to be discussed by the Pan-American Customs Congress, a copy of the Treasury Department's letter be sent to you. Requesting such answer as will enable the Department to reply to the letter of the Secretary of the Treasury, I am, sir, your obedient servant, David J. Hill, Acting Secretary. O. L. Spaulding, Esq., Chairma7i of the Delegation of the United States to the Pan-American Customs Congress, Aldermanic Chambers, New York City. Treasury Department, Office of the Secretary, Washington, January 8, 1903. Sir: In accordance with division "third" of the resolution of the Second Inter- national American Conference, copy of which was transmitted with your communi- cation of March 11 last, concerning the adoption of a common nomenclature of products and merchandise of the American Republics in English, Spanish, Portu- guese, and French, I have the honor to state that the chief officers of the customs at the several ports throughout the United States were requested to submit such expres- sion of views as they might deem proper in the premises. Most of the officers communicated with concur in the opinion that the code of commercial nomenclature, published by the International Bureau of the American Republics in August, 1897, by recommendation of the first International American Conference, is of considerable value to interested parties and of great assistance in facilitating the dispatch of customs business where the documents required on entry of merchandise are in the foreign languages mentioned. It is suggested that any new publication of the character referred to contain trans- lations of the numerous phrases sometimes found in consular invoices nondutiable charges, such as consular fees, drayage or cartage, freight charges, packages, pack- ing, etc. , and that an appendix be published for the benefit of American exporters, containing information in regard to the requirements of entries, invoices, manifests, declarations, and such other papers as may be required on the entry of merchan- dise at the ports of the countries concerned. The collector of customs for the collection district of Puget Sound reports that the principal articles of export from that district to the Central American and South American Republics are sawed lumber^ box shooks, laths, and other sawmill products, and canned goods. I herewith inclose two lists received from the collector of customs at Boston, Mass., containing the names of articles of import and export at that port which it appears are not included in the present code of commercial nomenclature. Respectfully, L. M. Shaw, Secretary. The Secretary op State. 44 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. Customs Service, Office of the Collector, Boston^ Mass., June ^^, 1902, Articles of import not appearing in the present Code of Commercial Nomenclature. Aleuronah. Antipyrine. Aspinall's enamel, white. Asphalt mastic. Bull pizzle. Bean stick. Bird nests. Berry carmine. Bate. Bleached wheat. Bone size. Buttercup extract. Bird's eggs. Benjer's food. Brown's chlorodyne. Boiler compound. Black oil. Charcoal. Chestnut flour. Carbonized coils. Clark's cloth balls. Christmas trees. Carbon packing. Cocoa shells, powdered. Cleansing ball. Cachets. Clay castors. Cocoa husks. • Color oil. Cleansing powder. Capsicine. Chrome tanning extract. Cod roes. Du Bary's rurlintor. Dr. Laville liquor. Drying liquid, quick. Ebonite liquid. Evergreen. Farina imitation. Feather pillows. Factice. Fox berries. Fir sticks. Gum tragacanth paste. Glossing stuff. Gluten flour. Gall extract. Galvanized coal. Gourds, carved. Gingerine. Ghatti gum. Horsehair dye. Hooper's pastiles. Hound meal. India rubber, artificial. Inkermann. Konehek. Liquid food. Lyle's sirup. Lily root flour. Lemon squash. Lentisco, ground. Lights, Crinkle's. Marine glue pitch. Mistletoe. Pitch, medium. Palm stearin pitch. Silica sand. Stearin pitch. Vegetable size. Vegetable tallow. Viscord block. Varnish, powdered. Ostrich eggs. Pitch, hard. Pearl softening. Pearl hardening. Plum pudding. Pine-tree seeds. Pine-tree kernels. Snails. Slow match. Stone, powdered. Spruce spills. Soup tablets. Satinite. Vinegar, raspberry. Vulite. Welsbach's mantles. Walnut dye. Wheat sheaves. Wafers, paper. Wool mordant. Yuba. Customs Service, Office of the Collectoe, Boston, Mass., June 24, 1902, Articles exported not appearing in the present Code of Commercial Nomenclature. Breadstuffs. Quaker oats. Rolled oats. Grape nuts. Cream of wheat. Rolled avena. Rolled wheat. Wheatine. Carborundum, ground. Carborundum wheels. Carborundum stones. Zinc dross. Automobiles. Motor cycles. Match blocks. Corn flour. Lard compound. Cotton-seed stearin. Coal dust. Piano players. APPENDIX A. CUSTOM-HOUSES OF BOLIVIA. The importation and exportation commerce of Bolivia is carried on through the custom-houses of La Paz, Oruro, Uyuni, Port Acre, Villa-Bella, Port Suarez, Tupiza, Tarija, and the custom-house agencies of Arica, Antofagasta, and Mollendo. NATIONAL CUSTOM-HOUSE OF LA PAZ. The international and domestic commerce of the northern and cen • tral portions of the Republic is developed on a larger scale by means of this custom-house, it being the one that produces the greatest returns to the Bolivian treasury. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 45 The national commerce of Bolivia is carried on through Arica and Mollendo. That of Arica, which is relatively small, includes Tacna, which has a railway service, and from that point, passing over the mountain chain of Tacora to La Paz, a bridle path is used. The Mol- lendo route, over which the principal commerce of La Paz and of the provinces situated in the basin of Lake Titicaca, as well as that of the mining district of Corocoro, is carried on, includes the Desaguadero River, which is navigable for boats that cross Lake Titicaca to the Peruvian city of Puno, from which point there is a railway to Mol- lendo via Arequipa. Communication will be more direct and rapid between La Paz and Mollendo when the Guaqui Railway, now in course of construction, is completed. The officers of the custom-house perform their duties in the city of La Paz, where they have established their office. When the Guaqui Railroad is opened to public traffic, the office force will be transferred to that port, where there is being constructed for the purpose adequate quarters and sufficient accommodations for the customs service. NATIONAL CUSTOM-HOUSE OF ORURO. This custom-house is charged with the inspection of merchandise nationalized in Chile, which is imported via Antofagasta, and with the dispatch of that which goes in transit through the same port. It is charged also with the collection of the tax on the exportation of ores. It was established by a decree of July 29, 1892, and went into effect on October 1 of the same year. NATIONAL CUSTOM-HOUSE OF UYUNI. This custom-house, besides being charged with the collection of customs duties, is also charged with the collection of the export tax on ores, controlling the operations of the custom-house at Antofagasta. NATIONAL CUSTOM-HOUSE OF ACRE. The commerce of the national territory of Colonias, with reference to its exports and imports, is dispatched at this custom-house, which, like the others of the Republic, collects the custom-house duties in conformity with the customs tariff in force. Port Acre, situated on the left bank of the river of the same name, was founded on January 3, 1899, and by the law of November 18, 1896, the national custom-house was established, and commenced to operate from the date of the founding of the port called " Alonso." NATIONAL CUSTOM-HOUSE OF VILLA BELLA. By decree of August 18, 1880, this custom-house was established under the name of Aduanilla, and by the supreme resolution of May 28, 1886, it was raised to the rank of a national custom-house. It is situated in the north of the Republic, at the confluence of the rivers Beni and Mamore. NATIONAL CUSTOM-HOUSE OF PORT SUAREZ. Supreme resolution of eJuly 12, 1884, ordered that the Santiago custom-house, in the department of Santa Cruz, be transferred to Port Suarez, in the same department, where it is in operation at the 46 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. present time. Supreme decree of February 9, 1893, imposed the obli- gation of disembarking in this port all the merchandise intended for the consumption of the Bolivian towns or settlements in the eastern territory of the Republic. Port Suarez is situated on the Paraguay River, in Caceres Bay, opposite the Brazilian village of Corumba. CUSTOM-HOUSE AGENCY AT ANTOFAGASTA. This custom-house agenc}^ has definite powers for the collection of fiscal duties on merchandise imported into Bolivia. The supreme decree of May 10, 1887, gave it the character of a collection office. The truce agreement governs the commercial relations between Chile and Bolivia, and in accordance therewith foreign merchandise enjoys free transit and dispatch to the interior of this Republic under the direction of the custom-house agency. Foreign merchandise reexported from Chile is imported into Bolivia by means of a waybill or dispatch papers that the custom-house agency issues, and the acknowledgment and classification of this merchandise are made in the custom-houses of Uyuni and Oruro, the first at the terminal of the railway for the south and the second for the north. The domestic merchandise of Chile is imported into Bolivia free of duty, and is dispatched from Antofagasta in the same manner as foreign merchandise reexported. The port of Antofagasta belongs to the coast (littoral) department of Bolivia, and is provisionall}^ occupied by Chile as a result of the war of 1879. It is connected with the interior of the Republic by the railroad which runs to Oruro, a distance of 924 kilometers. CUSTOMS AGENCY OF ARICA. Since 1885 this customs agency is subject to the administration of Chile, which country, according to the treaty of Ancon, was to occupy the territory for ten years. With reference to the receipts from this custom-house the truce made with Bolivia sets aside 25 per cent for the Government of Chile for the customs service and for the dispatch of merchandise for the consumption of Tacna and Arica; 40 per cent for the Chilean creditors as an indemnity for damages and injuries occasioned by the sequestra- tion of their property on account of the wai of 1879, and for the holders of bonds of the loan raised in Chile in the year 1867, and 35 per cent to the Government of Bolivia. The collection of duties for the importation of merchandise into Bolivia is made in conformity with the Chilean customs tarift' without being subject to any other charges. Foreign merchandise entering Chile and reexported to Bolivia through the port of Arica is considered as foreign merchandise for the purposes of importation. The Bolivian Government has established in Arica a general customs agency, which is empowed to inform itself regarding the accounts of the Chilean custom-house, and !s authorized in addition to issue way- bills for the importation of merchandise into Bolivia. CUSTOMS AGENCY AT MOLLENDO. This customs agency only serves as a place of transit for merchan- dise destined to Bolivia, which merchandise is classified and dispatched m the national custom-houF;e of La Paz. FIEST CUSTOMS CONGRESS OF AMERICAlvr REPUBLICS. 47 INTERNAL CUSTOMS REGULATIONS OF BOLIVIA. The internal customs regulations of Bolivia are subject to the organic law and general customs regulations of November 25, 1893, and Jan- uary 21, 1901, respectively. The classification of merchandise is subordinated to the existing tariff, which tariff, approved by the national congress, is effective for eighteen months without the executive power being able to make any alteration whatever during this time. The following are in substance their fundamental provisions: No exemption or reduction of duties in general shall be granted except in cases expressly covered by the legislative laws or resolu- tions. The customs officers in charge of the collection of the customs duties are empowered to verify and satisfy themselves of the correctness of the operations confided to their care, and the importers of merchan- dise and other goods are obliged to present all necessary proofs that may conduce to the proper investigations that are to be made. Objects of value that can not be estimated shall be considered as samples. So also objects which have value but which come loose in pieces or kind or which contain packages as samples of a cargo shall be considered as samples. Foreign merchandise that is imported into Bolivia must pay to the respective custom-house, in conformity with the customs regulations, the duties fixed by the customs tariff. The articles catalogued in the customs tariff at present in force are free from importation duties and forcible dispatch at the wharf. The natural and manufactured products of Peru and Chile, after classification and subject to the statutory restrictions contained in the respective regulations, are also free from customs duties in conformity with existing treaties. The personal baggage of individuals, to such an extent as the con- dition of each person warrants, is also free from duties. Articles for the personal use of foreign ministers who are perform- ing their duties near the government of the Republic, as well as those in transit through the territory of Bolivia belonging to the accredited representatives of other countries, are also free of duties. The same exemption of duties applies to the baggage belonging to Bolivian ministers returning to the country after having ceased to exercise their diplomatic functions. INTERNATIONAL CUSTOMS REGULATIONS. The international customs regulations of Bolivia are subordinate, in' so far as their observance is concerned, to treaties and diplomatic agreements made with the Republics of Peru, Chile, and France. With the Republic of Peru there is at present in force the Nunez- Garcia treaty of June 7, 1881, the Nuiiez-Bustamente diplomatic agree- ment of August 7 of the same year, and the Carillo-Valle protocols of July 4 and August 1, 1887. The principal subjects of these agreements are the following: Free transit of merchandise that is imported from abroad for Bolivia or Peru; free transit for the exportation of natural or manufactured products that are imported from Peru to Bolivia or vice-versa, with 48 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. the exception of alcohol or rum made from Peruvian sugar cane, aguar- dientes made from sugar cane or grapes that are imported for con- sumption in Bolivia, which are subject to the payment of the following tax: 80 cents for each gallon of alcohol, and three bolivianos per quintal of cane or grape aguardinte that does not exceed 20 per cent. The product of this tax is divisible between Peru and Bolivia. With the Republic of Chile the commercial and customs regulations are subject to the truce of April 4, 1884, and the protocol of May 30, 1885. Their principal bases are: Perfect reciprocity, freedom of duties between both nations with respect to domestic products, and free transit for foreign merchandise, imported through Antofagasta, for Bolivia; exemption of export and import duties on articles that are nominally designated in the protocol. The Chilean tariff governs in the Arica custom-house with respect to the importation of merchandise into Bolivia, and as regards the revenue of this custom-house it is agreed that 35 per cent corresponds to Bolivia, 40 per cent to the Chilean creditors, and 25 per cent to the Chilean Government as payment of the expenses of administra- tion, etc. The diplomatic agreement (Alonso-Wienner) of September 15, 1892, and the explanatory protocol (Cano-Wienner) of October 28, 1893, were in force with the French Republic, but both the agreement and proto- col have now expired. The most salient features of said agreement and protocol, after estab- lishing the clause of the most favored nation, were: That tin was sub- ject, on importation into France, to the minimum tariff — that is to say, exemption from duties. As to copper in ore, bullion, bars, ingots, or plates of first fusion, it is in the same manner subject to the minimum tariff — that is to say, free of duties. Argentiferous ores in the same condition, as well as silver in gross, paid, in accordance with the same minimum tariff', a franc for each 100 kilograms. Caoutchouc and gutta- percha of Bolivia, in gross or melted in masses, were imported into France in conformity with the minimum tariff — that is to say, free of duties. French wines could not be taxed on being imported into Bolivia except by a duty of 1^ per cent ad valorem upon the price of 1 or 6 francs per bottle, according to invoice; one-fourth per cent upon prices under 1 franc per bottle, whether in kegs or bottles, it being understood that the wines must not contain more than 18 per cent alcohol. Below are inserted some statistical tables which show the business of the customs-houses of the Republic. STATISTICAL TABLE WHICH SHOWS THE CUSTOMS MOVEMENT OF THE REPUBLIC OF BOLIVIA DURING THE YEAR 1902. The importations of merchandise into Bolivia, according to consular invoices — that is to say, the values given to the customs-houses — amounted to 16,953,223 bolivianos (16,120,113), and the weight of the merchandise was 58,000,140 kilos. In order to give these figures true statistical importance there should be added to them the customs duties, which amounted to 5,422,687 bolivianos (11,957,590), and an equal sum for expenses of transporta- FIEST CUSTOMS CONGRESS OF A^IERICAN REPUBLICS. 49 tion to the different markets of the interior of the Republic, in accord- ance with the following statement: Bolivianos. Value of importations 16, 953, 223 Customs duties i 5, 421, 687 Transportation expenses (estimated) 5, 000, 000 Total value of imports 27, 374, 410 Equivalent to $9,882,324. The exports amounted to 37,578,210.97 bolivianos (113,566,734), and weighed 110,763,323 kilograms, as follows: Mining Agriculture . . Manufactures Stock Miscellaneous Total... Value. Bolivianos. 26,855,425.76 9,688,512.82 535, 937. 46 373,502.85 124,832.08 37,578,210.97 Weight. Kilos. 105,615,971 4, 413, 883 161,072 443, 574 128,823 110, 763, 323 SPECIFICATION OF EXPORTS. Ores: Silver . . MINING. 14,566,660.66 9,380,714.00 1,463,088.43 1,112,598.90 332,363.77 75, 649, 644 Tin 21,915,907 Bismuth 1, 059, 129 3,049,850 3,914,441 Total 26,855,425.76 105,615,971 AGRICULTURE. Rubber . 9,151,823.61 259,613.60 137,554.24 110,236.89 29,384.58 3,465,063 255,718 315, 163 Peruvian bark .. . . 212,358 165, 581 Miscellaneous -- Total 9,688,512.82 4, 413, 883 MANUFACTURES. Sealed silver 411,831.00 124,106.46 28, 434 Miscellaneous 132,638 Total. . 535,937.46 161,072 Statement showing the merchandise exported from the port of New York to Bolivia during the year 1902. Months. Pack- Official ages. value. 3,922 $41,369.72 1,664 10,671.29 4,111 25,660.56 1,038 10, 588. 38 1,395 20,034.26 1,760 18,216.38 1,604 36,230.81 1,104 22,519.94 298 6,586.16 1,034 15,088.37 1,333 15,389.64 1,143 12,029.25 20,406 234,384.76 January February . . March . . . . . April May June July August September , October November . December . Total. S. Doc. 180- 50 FIEST CUSTOMS COIS^GRESS OF AMERICAN REPUBLICS. APPENDIX B. REPORT IN REGARD TO THE IMPORTATION AND EXPORTATION OF MERCHANDISE BY THE DELEGATE OF THE REPUBLIC OF CUBA. The International Bureau of the American Republics has requested information on the following points, namely: (a) The conditions in which goods from a foreign country come into the jurisdic- tion of the collector of customs, and the methods employed by him to take charge of them. (6) Requirements for entering the goods at the custom-house to be complied with by the consignee as regards bills of lading, invoices, and other forms of declaration for importation and in transit entries. (c) Procedure subsequent to the declaration as regards the appraisement, classifi- cation, and final liquidation of the duties. (d) Withdrawal of the goods and manner of disposing of those entered for ware- housing, including the practical application of the general system of bonded ware- houses. (e) Procedure to dispose of goods not claimed or abandoned. (/) Methods employed to keep account of the total amount of goods imported in bales or large packages. {g) Conditions and provisions relative to drawbacks paid on goods exported as they were imported, or as material to be used in subsequent conditions. In answer to the above inquiries the undersigned, delegate of the Republic of Cuba to the customs congress, which will convene at New York on the 15th instant, has the honor to report as follows: All goods not duly entered for payment of duties within ten days after their arrival in port, are taken possession of by the collector of customs as unclaimed, and placed in warehouse, to be disposed of as unclaimed goods, to which reference is made further on. Cargo for immediate delivery may be landed at once upon the grant- ing of the permit to land by the collector, designating the wharves and warehouses. All goods landed, no permit for the delivery of which has been received by the inspector at the expiration of the time allowed by the collector for such goods to remain upon the wharves, are sent to the general order stores. Storage and all other charges on such goods must be paid by the owner or consignee, or when the goods are sold as unclaimed, from the proceeds. Entries must be made in writing and under oath. In cases when the consignee of tho goods is unable, through illness or absence, to make declaration personally and to take the oath, a duly authorized agent may act for him. Entries must set forth the following information: Name of vessel, class and nationalit}^ ; name of captain; port or ports whence cleared; name of the person to whom the merchandise is consigned; number and paragraph of the manifest; number of packages, class, marks, numbers; number and letter of the paragraph of the tariff under which each article is dutiable; number, class, quantity, and quality of the merchan- dise in the weights and measures of the tariff; gross and net weight of each article; value of the merchandise in detail; date and signature of the importer. The entry is made in duplicate if the merchandise is declared for consumption, and in triplicate if declared for immediate transportation. Upon the declaration being presented, it is compared with the mani- fest, and if it differs from it, or the two copies do not agree, the con- signee is notified so that he may present the entry in proper form, FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 51 but without allowing any extra time beyond that fixed by the customs regulations. Every entry must be accompanied by the bill of lading comprising the merchandise declared, consigned, or duly indorsed to the importer; by the invoice expressing in detail the merchandise declartd, the num- ber of packages, marks, gross weight, dutiable weight, class, detailed contents, component materials, detailed price, and the total value, including all expenses and charges. Each entry must represent a single invoice. All imported merchandise must be invoiced in the currency of the country from which it is imported. If by reason of accident or short shipment all the merchandise com- prised in the invoice does not arrive, an extract from the original invoice, certified by the collector, may be used for entering the remain- ing packages. When no invoice is received the entry is made upon a pro forma invoice, and an affidavit setting forth the causes of non- receipt. The original invoice is presented when received. No declara- tion for goods exceeding the value of $100 is admitted without invoice, except goods brought by passengers. From these a verbal declara- tion is admitted if the value of the merchandise which they bring does not reach $500; if it is worth |500, or over, they must declare it in the regular manner prescribed by the customs regulations. All merchandise not duly entered within ninety days after its arrival, and all merchandise on which duties have been paid, if not withdrawn from the customs warehouses, is deemed abandoned by its owner, and is sold at public auction after five days public notice, but the time may be extended to six months. The proceeds of the sale, after deducting duties, storage, etc., are kept for ten days subject to the demand of the importer. If not claimed within that time the importer loses all right to the proceeds, and they are turned into the Treasury as ordi- nary receipts. When a consignment is renounced, or the consignee designated by the captain can not be found, or has died without leaving any one to take his place, or when, in the case of cargoes consigned to order, no one presents himself as the consignee of the same within the period of time fixed by the customs regulations, the collector of customs orders the packages stored at the captain's expense, and remits the documents, and all information relating to the shipment, to the consul or vice-con- sul of the nation of the shipper, so that he may, if he chooses, appoint a responsible merchant to act as consignee. If within the time pre- . scribed by the customs regulations no entry has been made, the goods are considered and treated as abandoned goods. Upon the declaration being presented, found correct, and admitted by the collector, it is numbered and entered upon a register in which the number of the declaration, that of the manifest, its paragraph, name of vessel, port from whence cleared, and the name of the consignee are noted. The declaration is then forwarded to the office of the chief examiner (vista), where it is entered upon another register, and the examiners (vistas) are appointed who are to examine the goods and ascertain the correctness of the declaration. If it is found correct, it is forwarded to the accountant's office, where the duties are liquidated and the required entries made in the books. Then the declaration is sent to the treasurer's office for collection of the duties, upon pay- ment of which the importer is handed a receipt (carta de pago) and a permit, or order, signed by the collector and other officials, for the 52 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. delivery of the goods. If three da,ys after the declaration has been handed to the treasurer for collection of the duties, these hav^e not been paid, the importer is liable to an extra charge, or surtax, of 5 per cent, on their amount. Duties having been paid, the entry is transmitted from the treasurer to the bureau of statistics, where the calculations are revised, from this bureau it is forwarded to the customs bureau in the department of the treasury, thence to the office of the auditor-gen- eral (intervencion-general), where the final revision is made, and the declaration is then returned to the customs bureau in the treasury department, where it is filed. The time which elapses between the presentation of the declaration and its transmission to the treasurer for collection of the duties is about seven days. In cases in which, owing to the nature of the goods, or for other reasons, immediate delivery is desired, it is obtained by paying the estimated duties. If the appraised value of the goods exceeds their declared value, in addition to the regular duties, a charge is made equivalent to 1 per cent of the total appraised value for each 1 per cent in which said value exceeds the declared value. If the difference between the two values reaches or exceeds 50 per cent, unless it is evident that the difference is due to a clerical error, the goods are confiscated. If the declared weight of merchandise is exceeded by the actual weight to the extent of from 1 to 15 per cent of the total weight of the goods, additional duties may be imposed not to exceed 1 per cent of the total duties on the merchandise for each 1 per cent of difference between the declared and the actual weights. Such additional duties are not imposed when the collector is satisfied that the difference occurred in good faith. If the difference exceeds 15 per cent of the actual weight, additional duties are imposed on the stated basis. If it reaches or exceeds 50 per cent, the goods are confiscated. Importers who are dissatisfied with the valuation or classification of merchandise as fixed by the collector must pay the duties imposed, but may file before or at the time of payment, and not later, a written protest and appeal, stating briefly the value and classification which they claim should be established. The appeal is submitted to the board of appeals, consisting of customs officials and merchants appointed by the collector. The importer has the right to submit all pertinent facts in support of his case, and is bound to present such facts as, being in his possession or within his knowledge, are demanded by the board. Against the decision of the board of appeals he may appeal to the Secretary of the Treasury, and against the decision of the latter to the courts of justice. Merchandise deposited in the general order stores which by depre- ciation in value, damage, leakage, or other causes may, in the opinion of the collector, result insufficient upon being sold at auction to pay the duties and charges on same, if permitted to remain in the ware- houses during the time prescribed by the customs regulations, is sold at auction after due public notice of not less than three nor more than six days. No allowance on duties is made for damage to goods during the voy- age, but the importer of them may, within ten days after entry, aban- don all or a portion of the goods and be relieved from the payment of duties thereon. The portion abandoned must amount to 10 per cent or over of the total value or quantity of the invoice. The proceeds of sales of abandoned merchandise, whatever they may be, belong wholly to the Treasury, the importer having no right to any part of them. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 63 Perishable goods, gunpowder or other dangerous or explosive sub- stances, except firecrackers, can not be deposited in warehouses; and if not entered immediately for export or transportation from the vessel in which they are imported, or entered for consumption, are sold by the collector under the regulations governing unclaimed merchandise, as above stated. The period allowed for bonded goods to remain in store is one year, but it may be extended to another year. All duty-paid merchandise remaining in bonded warehouse more than three years from the date of importation is treated as abandoned merchandise and sold as provided for b}^ the customs regulations, unless the owner thereof surrenders to the storekeeper in charge of the goods the withdrawal permit duly stamped for delivery. Upon surrender of such permit the storekeeper notifies the warehouse pro- prietor of the delivery of the goods by the Government and reports the fact upon the back of the permit, returning it to the collector. Bonded goods remaining in warehouse more than three years from date of original importation are held to be abandoned to the Govern- ment and are liable to sale. No merchandise can be imported into Cuba in vessels of less than 30 tons, gross capacity, under penalty of confiscation. Perishable merchandise, such as potatoes, onions, cabbages, etc., and such as are imported in well-known packages of equal capacity, such as rice, flour, lard, etc., are entered, if desired, for withdrawal from dock. Merchandise on which freight has not been paid will be held by the collector if requested to do so until payment of the freight is macle. Although in the customs regulations of Cuba there is a chapter con- taining provisions relative to the bonded warehouses and the trans- portation of merchandise in bond, the system is not yet completely established. In the principal ports of Cuba there are buildings belong- ing to or rented by the Government in which the customs offices are established and which are used at the same time for the storage of goods. There are, moreover, and especially in Habana, bonded ware- houses. The former are designated in this report as general-order stores or customs warehouses, and the latter as bonded warehouses. Transportation in bond from one point of the island to another can only be made by sea. No final method has yet been adopted for keeping account of the merchandise imported in large packages, such as would meet the exigencies of a good statistical record. The matter is under consid- eration at the present moment. The merchandise imported in bulk appears either in tons or kilograms; those goods which pay duty by weight in kilograms; the liquids that pay duties by measure in liters and its multiples. For storage purposes the following nomenclature is employed: Pipes, half and quarter-pipes; hogsheads, tierces, barrels, and kegs; bales, boxes, bags, bundles, packages, and pieces. In loose articles, such as bricks, tiles, etc. , the number of units. No system of drawbacks has yet been established. Duties paid can not be recovered if the merchandise is exported. EXPORTATION. In order to ship merchandise for export, application must be made to the collector for a permit. Application must contain name, class, and nationality of vessel, name of the captain, destination of the ship- ment, marks, number of packages, class of goods, quantity in weight 54 FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. or measure, and value of the merchandise. The permit having been obtained and delivered to the customs inspector, the shipment can be made. When merchandise in bond is exported a bond must be given, which is cancelled upon the presentation of the landing certificate in due form. * « * « * 4(- • The undersigned hopes that the preceding report will meet the requirements. Very respectfully, Fidel G. Pierra. New York, January 10^ 190 S. APPENDIX C. REPORT REGARDING ENTERING, DISCHARGING, LOADING, AND CLEARING OF VESSELS BY THE DELEGATE OF THE REPUBLIC OF CUBA. The International Bureau of the American Republics has requested information on the following points, namel}^: (a) Requirements in the manifests of vessels arriving from a foreign port or leaving for a foreign port. (6) Requirements in what pertains to the entering of a vessel arriving from a for- eign port and to the clearance of those leaving for foreign ports. (c) Requirements in connection with the unloading of vessels after having been entered, and existing regulations as to unloading at night. id^ Time allowed for unloading vessels. ye) Requirements to enable foreign vessels to proceed from one port to another in each country for the purpose of loading and unloading cargo and of taking in and landing passengers. (/) Description of the taxes and charges to which vessels are subjected by- national laws. (^) Methods used for the measurement of vessels. (li) Advantages and disadvantages of adopting, respectively, gross or net tonnage as a basis for the taxes levied. In answer to the above inquiries the undersigned, delegate of the Republic of Cuba to the customs congress of the American Republics, which will convene at New York on the 15th instant, has the honor to report: Vessels arriving at a port of the Republic of Cuba are boarded and inspected by the health officer without delay, and if admitted to "free pratique" are taken in charge by the customs inspectors and remain under their control until duly discharged. The master immediately E resents to the inspector the general manifest, on which the day and our of its delivery is noted, and after due examination of the log book, and noting whether it has been properly kept, etc., the mani- fest is taken to the collector, the day and hour at which it has been admitted is noted upon it, and it is filed. The manifest must contain a complete statement of all packages composing the cargo, name of the consignee, and if the vessel comes to order it must be so stated. Upon delivering the manifest on board, should the ship have met with any accident, the master must report it in writing, stating whether or not any cargo has been thrown overboard in consequence of it. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 55 The time allowed for the various operations connected with the customs is computed from the hour at which the manifest has been admitted by the collector. Upon the presentation by the master of the ship of a list of the pas- sengers and of a manifest of their baggage, the former may land imme- diately and the baggage is unloaded under the custody of a customs officer. Except when unladen at night the baggage is examined at once. Ships not complying with the rules and regulations of the health authorities are liable to a fine, which varies in amount, but can not in any one case exceed the sum of |5,000. All ships leaving for a port of Cuba must be provided with a bill of health issued by the Cuban consul or by the official performing the consular functions for Cuba. Within twenty-four hours after the arrival of a ship, Sundays and holidays excluded, the master must present to the collector of customs two copies of the manifest translated into Spanish. There is at the custom-house an official interpreter, who takes charge of making the translation and receives a fixed fee therefor. Upon entering his ship the master must present to the collector of customs the register and such other documents as he may have received from the customs authorities of the port whence he cleared, and within forty-eight hours he must lodge said documents with the consul of his nation; should there be none, with the collector of customs, until pay- ment has been made of the tonnage duties and other taxes. When the said documents are lodged with the consul the master must deliver to the collector the certificate of that official showing that the deposit has been made. The certificate is returned to the captain upon payment of the aforementioned duties and taxes. Noncompliance with this regulation is punished with a fine not less than $500 nor more than ^2,000. The manifest is the basis of all subsequent operations connected with the customs, and must set forth the following facts: The character and name of the vessel, nationality, gross and net register tonnage, crew, name of captain, name of the consignee of the vessel, the port or ports whence the vessel comes, port or ports for which the cargo is intended, number of packages, marks, numbers and gross weight of all pack- ages, character of the merchandise, name of the shippers and of the consignees, or, if the goods are consigned to order, it must be so stated. A separate manifest must be made for each port. The number and weight of packages must be stated in figures and in letters. The mere expression "merchandise," or any other vague one, is not admitted. Ships entering a port of Cuba under stress of weather, present only one sworn cop}^ of the manifest. Three days are allowed to prepare it. If packages of merchandise are found on board of vessel, which are not included in the manifest, the ship is liable to a fine equivalent to the value of the goods thus found, and all the packages, whether the property of or consigned to the officers or crew of the ship, are con- fiscated, unless it is shown to the satisfaction of the customs authorities that there was no intention to commit fraud. In such cases the master is allowed to correct his manifest by a post entry. Upon delivering the manifest the captain shall also present a state- ment specifying the provisions and supplies on board of his ship. The residence or office of the consignee of a vessel is considered as the residence of the captain. If there is no consignee, the residence or office of the consul of his nation, or the vessel under his command. 56 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. When requested, special permission is granted to vessels for loading and unloading during the night, subject to payment of extra expenses. Permission is granted, when requested, for immediate unloading of cattle, provided the consignee gives bond for the payment of the duties and compliance with such formalities as are prescribed. The unload- ing of the cattle must be made in the presence of the veterinary inspector. No packages must be unloaded or transferred to another ship with- out a permit from the collector, nor any vessel, hauled alongside of another while one of them, or both, are unloading. The time allowed for discharging vessels is as follows: Vessels under 300 net tons, eight days; of 300 tons and not exceeding 800 net tons, twelve days; of 800 and over, fifteen days. Days are computed exclud- ing the day of arrival, Sundays, and holidays, and such rainj days on which, in the judgment of the collector, the unloading is impracticable. Masters of vessels bringing ballast of no commercial value may obtain a permit to discharge the same by simply taking the proper oath. Captains desiring to qualify their vessels for the loading and exporta- tion of merchandise must present to the collectors of customs an appli- cation in due form. Collectors of customs may authorize the lading of products of the island from any point or estate where they may be stored. When this permission is granted, the exportation will be completed by the captain and the shippers presenting to the collector granting it the corre- sponding documents. The supervision of the lading may be made by a customs employee or inspector expressl}^ detailed for the purpose b}^ the collector; but upon completion of the lading the collector may require the return of the vessel to the port where the custom-house is located for the purpose of verifying the lading in such way as he may deem best. Consignees of steamers having a fixed schedule which allows them only a few hours in port may obtain from the collector permission to prepare in advance of their arrival the outward cargo, and permission as well to work during the nights and on holidays. In order to. clear a vessel the master must present a manifest in duplicate and under oath of the cargo laden. The collector certifies the manifest and returns one copy to the captain, together with a cer- tificate to the efiect that the vessel has fully cleared at the custom- house. Masters of vessels carrying cargo in transit must manifest it in the same manner as the cargo to be unladen in the port of transit. Vessels arriving at a Cuban port carrying cargo in transit for other ports of the island, whose masters desire to take cargo for foreign ports, may do so, provided the necessary permission is requested and the cargo taken is duly entered upon the manifest of the cargo in transit. Transshipment of* merchandise from one vessel to another of the same line, or of another line, is permitted provided such merchandise has been manifested by the captain as in transit for foreign ports. If the transshipment is made to vessels that will touch at other Cuban ports, it must be specified in the general manifest that such merchan- dise is in transit for foreign ports. In cases of vessels entering a Cuban port compelled b}^ stress of weather, the captain and the next person in command shall, within FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 57 twenty-four hours, make a protest, in the usual form and upon oath before the person authorized to receive it, setting forth the causes or circumstances of such necessity. If the protest is not made before the collector of customs, a copy must be furnished to him. If the condition of the vessel should make it necessary to unload her, permission is granted by the collector to do so, the cargo remaining under custody of customs officers. If necessary, on request of the master or of the owner of the merchandise, permission is also given to dispose of by sale of such perishable goods as there may be in the cargo, or of such part of it as may be required to pa}^ the expenses of the vessel. The repairs having been made, the cargo, or what remains of it, may be reshipped upon payment of warehouse charges and such other expenses as ma}^ have been incurred. No port charges are collected in cases of vessels entering a port on account of stress of weather. Vessels entering Cuban ports are subject to the payment of the fol- lowing duties and charges: Harbor improvement taxes: Eachsteamer entering, $8.50; each sail- ing vessel entering, $4.25; each ton of cargo landed from a steamer, 25 cents; each ton of cargo landed from a sailing vessel, 12^ cents; each ton of coal landed from a steamer, 12^ cents; each ton of coal landed from a sailing vessel, 10 cents. Tonnage dues: On entry of a vessel from a port or place not in Cuba, 20 cents per net ton; on entry of a vessel from another port in Cuba, 2 cents per net ton. Vessels entering in ballast pay only one- half of tonnage dues. To those leaving in ballast, one-half of the dues are returned if they have been paid in full. The amount of tonnage dues during a year must not exceed $2 per net ton. The tonnage on which dues are charged is the net register tonnage. Masters of vessels proceeding from foreign ports are liable to the penalties prescribed in the following cases: For failing to have the manifest of the vessel or other documents in order on entering a port, the vessel is liable to a fine of from $50 to $250. If the captain on his arrival in port fails to present the manifest to the boarding officer, $100 to $500. If the manifest lacks any of the requisites above stated, $10 to $100. For failing to present the required copies of the manifest, or in the failure of these to conform to the original, $10 to $50, and the captain is obliged to produce the missing ones or to rewrite the incorrect ones, as the case may be. For failure to present at the custom-houses of the ports entered the manifest of goods in transit, $10 to $50, and he shall be held responsi- ble for the presentation of the copy of the general manifest which the custom-house of the port in transit requires of the custom-house of the port of origin. For all differences in excess of 25 per cent of the actual weight resulting in the gross weight of the packages declared in the manifest, $10 to $50. For changing anchorage in port without the permission of the customs authorities, $50. For failure to present the log book and other papers on request of the boarding inspector on board of the vessel, $50, and will not be permitted to clear until he has produced the said documents. 58 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. For failure to present, immediately upon arrival, a list of the pas- sengers and of tne pieces of baggage brought by each passenger, $10 to 1100. For all provisions and supplies not contained in the statement of sea stores he shall pay double duties. When the straps or seals placed on the hatches and bulkheads are found raised or broken, except in cases of accident, he shall pay a fine not exceeding $500, without prejudice to his liability to such other penalties thereby incurred. For removing from the vessel, without the permission of the customs authorities, any packages which are contained \n the manifest he shall pay an amount equal to double the value of the merchandise. For landing persons or discharging goods at other points than those designated by the authorities, in the event of vessel being ordered to quarantine, the captain shall pay a fine of $100 in the case of pas- sengers, or double the value of the goods in the case of merchandise. Firearms, gunpowder, cartridges, dynamite, and all classes of explosives and munitions of war found maliciously concealed on board of any vessel, or not contained in the manifest, are seized and confis- cated, and the captain is liable to a fine not exceeding $2,000. Vessels leaving port without first complying with all the requisites prescribed by the customs regulations are liable to a fine of $50, which is levied upon their consignees, who are held subsidiarily responsible for the fines and duties payable by the captain. As has been stated, all tonnage dues are charged on net register tonnage. The methods employed for the measurement of vessels are those employed by the United States. Upon receipt by the collector of customs of due notification of any lien for freight upon any imported merchandise, its delivery is with- held by the collector until such lien is satisfied. ***** * * The undersigned hopes that the preceding report will meet the requirements. Very respectfully, Fidel G. Pierra. New York, January 10^ 1903. APPENDIX D. CUSTOMS REGULATIONS OF THE REPUBLIC OF GUATEMALA RELAT- ING TO THE ENTRANCE AND CLEARANCE OF SHIPS, AND COPY OF THE DOCUMENTS USED IN THEIR DESPATCH. New York, January., 1903. REPORT WHICH COVERS THE SUBJECTS THAT UNDER THE NAMES OF SHIPS ARE SPECIFIED IN THE PROGRAMME OF THE NEXT CUSTOMS CONGRESS. {a) The essential conditions of the manifest which every captain of a ship is obliged to present are those contained in article 25 of the customs regulations, which is literally as follows: The manifests must be written in Spanish, and shall embrace separately all the merchandise consigned to the port of arrival of the ship, as well as the merchandise FIRST CiUSTOMS CONGRESS OF AMERICAN REPUBLICS. 59 it carries in transit consigned to the other ports of the Repubhc, and shall include in its heading the following: The name of the captain, the name of the ship, its nationality, the number of tons capacity, the number of the crew employed, the port of clearance and the port of entry, name of the consignor, name of the con- signee, marks and number of packages, the weight in kilograms, the port from which the merchandise comes, and the total number of packages written in figures, the date of arrival, the signature of the captain or of the person who acts in his place. These documents shall not be received, unless they are in the form prescribed in this article, or if they should be presented with erasures or corrections. A detailed account of explosive, inflammable, or corrosive substances or articles shall be made. Consular approval is not required in the manifests and it is only required that they be in the form prescribed and that they do not con- tain erasures or corrections. Our laws do not impose the duty of manifesting the provisions, apparatus, and furniture of ships. (h) Every ship, on nearin|? a port of the Republic, shall hoist the flag of the nation to which it belongs. Immediately after anchoring, the ship shall be visited by the captain of the port, and shall remain incommunicated and without being per- mitted to perform any operation of unloading until said visit has been made. The captain of the port shall be accompanied by the military surgeon and an employee of the custom-house. The captain of the ship shall deliver to the captain of the port a bill of health, a list of the passengers on board, indicating in the list by marks and numbers the pieces of baggage that belong to each passenger and the mail brought for the Republic, and shall deliver also, in the specified period of twelve hours, three copies of the manifest of the freight brought for the port of arrival to the employee of the custom- house who accompanies the captain of the port in his visit to the ship at the time of anchoring. The visit having been made, the captain of the port shall permit, if it should not be improper to do so, the landing of passengers and their baggage. He shall not authorize the unloading until the manifest shall have been presented, and if the time fixed for delivery expires before the presentation is made, the captain of the port shall order the captain of the ship to raise anchor and set sail immediately. In this case, the cap- tain of the ship may ask an extension of three hours in which to deliver the manifest, which shall be conceded to him after the payment of the corresponding fine. During the stay of the ship in Guatemalan waters it is subject to the fiscal supervision of the customs authorities. No ship shall leave a port without being legally dispatched. The request for the clearance of a ship shall be accompanied by an accurate memorandum of the freight on board and a list of the passengers. The captain of the port, in order to permit the weighing of anchor, shall require a certificate showing liquidation with the custom-house. (c) In order to proceed with the discharge of a ship, the captain or consignee shall request in writing the corresponding permission from the administrator of the custom-house, who, on giving the same, shall place on board a customs officer for the purpose of recording in a reg- istry the marks, countermarks, and numbers of packages that are 60 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. brought on shore, noting those that have been unloaded in apparently bad condition. The operation of unloading shall take place between 6 a. m. and 6 p. m., with the exception of Sundays and national holidays. The captain of the port has power to permit, in conjunction with the administrator of the custom-house, a continuance of the loading and unloading on holidays and at unusual hours in cases of evident neces- sity or urgency. The goods unloaded shall be transported for account and risk of the interested parties to the customs warehouses for delivery in accordance with the established rules. The unloading having been finished, a careful visit shall be made for the purpose of determining if there are still on board the packages manifested as in transit or the merchandise included in the general manifest. These visits may be repeated as often as it may be thought proper. {d) The time allotted for the loading and unloading of merchandise is that hereinbefore mentioned — that is to say, from 6 a. m. to 6 p. m. (e) Our customs laws prescribe the same formalities for the receipt of ships which enter, either clearing from a foreign port or from some port of the Republic, observing in their dispatch the same requisites, whether bound direct to a foreign port or some port of the countr}^ Ships are allowed to take freight as well in the large as in the small ports by obtaining beforehand the proper permission of the adminis- trator of the custom-house. if) With the object of encouraging navigation and commerce our customs regulations do not fix any charges in the nature of port dues, differing in this respect from other nations that have imposed on ships a multitude of charges, known as pilotage, entrance, anchorage, ton- nage, light-house, etc. (g) and {h) No tonnage duties being in force, our customs regula- tions only require the registration of vessels as a means of obtaining statistical data. In order to aid the work, not only of the present congress but also of subsequent ones, we think it proper to attach to this report samples of the documents now used in the customs-houses of the Republic, to wit: No. 1, copy of manifest; No. 2, copy of exportation policy; No. 3, copy of declaration of entrance; No. 4, copy of consular invoice. No. 1. Manifest of the cargo of the ship , Captain , of tons, with men of the crew, proceeding from and destined to Marks and numbers. Number and class Gross weight of PontPnt** Proceeding Ponqie-nniN of packages. packages in kilos. Contents. i^oj^_ Consignors. Consignees. FIBST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 61 No. 2. Exportation Policy. Administrator of Please authorize the shipment of the following merchandise in the ship , the corresponding customs duties being guaranteed in the custom-house under your charge. Here a 50-cent stamp. Marks. Number of packages. Weight in Contents. Owners. Destina- tions. Duties. Exchange. Total. Here a 50-cent stamp. No. 3. Declaration No. Declaration of the contents of packages shipped from in the ship , the of through the port of , for account of the undersigned. Num- ber. Number of pack- ages. Kind of pack- ages. Contents. Original value. Weight in kilos. Classifi- cation. Marks. According to invoice. According to custom- house. Duties. No. 4. Consulate of Guatemala IN Invoice No By the ship Containing packages Containing pages Total weight of the packages, gross Total value, $ Consular fees, I Shipper. Consigned to Port of destination Of the Republic of Guatemala The undersigned, Mr , of the commercial house of , of this city, , street .--.--' num- ber , who signs the foregoing invoice, declares and affirms that it is correct in all its parts, and that it is made in good faith and in accordance with law, subject- ing himself to the provisions of the laws and tribunals of the Republic of Guatemala for any error or illegality that said invoice may contain. , 190... I, , consul of the Republic of Guatemala in , certify that the foregoing declaration, affirmation, and obligation were made and signed before me by Mr *. In witness whereof I seal and sign this document, the original having been deliv- ered to the interested party, and a copy signed by him retained , 190-. The Consul. 62 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. APPENDIX E. REPORT SUBMITTED BY THE DIRECTOR-GENERAL OF CUSTOMS OF THE REPUBLIC OF GUATEMALA, MR. J0S6 J. SANCHEZ, TO THE DELEGATION OF SAID REPUBLIC TO THE FIRST PAN-AMERICAN CUSTOMS CONGRESS. Merchandise. (A) All goods shipped to ports of the Republic, even though they be those which the law excepts from the payment of duties, must be covered by the respective consular invoice, signed by the shipper, and duly sworn to as being correct in every respect, and being subject to the provisions of the laws of the country as regards any error or illegality said document may contain. In order for goods to be legally admitted they must be included in the freight manifest of the ship that transports them. The custom-house shall receive in its warehouses the imported mer- chandise, and shall check with the manifests the marks, countermarks, number, and gross weight of the packages. (B) The manifests must show the consignees of the merchandise, and when these goods come consigned to order, the maritime agency shall designate the consignees. Only the consignees or their agents shall participate in customs operations. The consular invoices shall be written in Spanish, and shall specify in the heading the class of vessels, nationality, name of the vessel, name of the captain, name of the consignee, and the port to which the goods are consigned. In detail, the particulars to be noted are as follows: 1. Marks, countermarks, and number of packages. 2. Kind of packages (box, bundle, barrel, etc.). 3. Number of packages, expressed in figures and letters. 4. Net weight of each class of packages, expressed in figures and letters. 5. Gross weight, with packing or net, expressed in figures and letters, of each class of goods the packages contain, and that are assigned to them by law, respectively, under said weights. 6. The number or quantity, written in figures or letters, of the pieces of merchan- dise which must pay duties in that form. 7. The class, name, and material of the merchandise specified, in conformity with the nomenclature of the tariff and attached vocabularies, and if these should not be indicated, then the raw material shall be named, as well as the form and other necessary details for classification and valuation. 8. The value of each class of merchandise and the total number of packages. 9. The name of the place where the invoice was made, the correspondmg date, and the signature of the consignor or shipper. When two or more packages, boxes, barrels, or any other kind of packages come tied together forming one bundle this circumstance shall be stated in the consular invoice, excepting those goods which by their nature are packed in that form, as iron bars, tubing, metal sheets, etc. The entries or requests for dispatch shall be presented by the owners or consignees to the administrator of the custom-house, who, finding them in conformity with the contents of the consular invoice, shall designate the inspector who shall make the registration. Said entries shall specify in writing the number of the packages that are to be registered, their origin, the name of the vessel in which FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 63 they have been transported to the Republic, and the date of arrival at the port, the marks, countermarks, and number of packages, a detailed statement of the contents of the packages when tney contain different kinds of merchandise, and expressing also on a separate line the articles which are subject to different duties; the weight in kilo- grams, expressed in letters and figures, of each one of the articles or units that serve as a basis for the collection of duties; the date at the bottom, and the signature of the owners or consignees of the merchan- dise or of their lawfully authorized agents. The entry shall be accompanied by a copy of the same on ordinary paper and the respective consular invoices and the original. (C) The taking out of storage being authorized by the officials appointed for the dispatch of the goods, they shall be taken to the inspection hall and the operation shall be witnessed by the interested parties or their lawful representative. The official shall have opened as many packages as he shall deem proper in order to convince himself of the correctness of the contents and of the quality of the articles entered, noting on the entry the corresponding duty. When the duty fixed by the official shall seem inapplicable to the interested party, he may, before taking out the merchandise, make reclamation before the administrator of the custom-house, who, after obtaining the opinion of another official (vista) who has taken no part in the inspection, shall fix the duty that shall apply. The examination having been completed and the interested party being satisfied with the duties fixed by the official, this fact shall be noted at the bottom of the policy, and this requisite being complied with, the withdrawal of the merchandise shall be permitted. When the entry is not accompanied by the consular invoice, 50 per cent additional duty shall be collected because of the absence of invoice. Nevertheless, when for any sufficient reason the importer can not furnish the invoice the established custom is to grant, by means of a signed agreement, an extension of time of two or three months for its presentation. Travelers who import new articles in their baggage must submit an invoice if the amount of the duties exceed 100 pesos. Samples of goods imported by traveling salesmen shall be admitted free of duties upon the condition of being reexported within the time indicated by the custom-house. (D) Merchandise may be withdrawn from the custom-houses by lot without paying, during the first month, counting from the date of its unloading, any storage charges. Goods may remain deposited in the registration warehouses for six months on payment of the storage duties required by law. (E) After the expiration of the six months granted by the customs regulations for the retaining of foreign merchandise or goods in the customs warehouses, the owners or consignees shall withdraw them within the time fixed by the administrator, and which in no case shall exceed fifteen days, but if within this period the interested parties should not remove the merchandise it shall be sold at public auction after it has been appraised by one or more experts appointed by the administrator, collecting from the proceeds the importation duties and storage charges. 64 FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. If the owner, consignee, or legal representative of the merchandise sold at auction should be absent or unknown, the excess resulting in his favor shall be deposited in the National Treasury. (F) The warehousemen shall keep by double entry the warehouse account, entering in the daybook the items of receipts and withdrawals of packages, verifying the receipts with the freight manifests duly cancelled, and the withdrawals with the stub of the receipt of the interested party who presented the entry of registration. The section of revision shall examine the storage accounts of the custom-houses, consulting manifests and policies in order to determine whether the balance of packages on hand in each warehouse agrees with the movement of packages during the month. (G) All foreign merchandise imported shall be nationalized by pay- ing the duties prescribed by law. The transit of foreign merchandise throucrh the territory of the Republic, as well as the temporary admis- sion and devolution of duties (drawbacks), does not exist in our customs laws. Nmnenclature. (A) The basis of a common nomenclature that may be used in official documents will be explained on answering subdivision or point {d). (B) The advantages of the metric system are well known. Its adoption by all the American nations would encourage commercial interchange by removing the difficulties that are occasioned by the variety and inexactness of the ancient system of weights and measures. Later I will mention some other of its advantages. (C) The common adoption of commercial English terms would encounter difficulties in the Latin- American countries on account of being derived from a language generally unknown in these countries and because it is contrary to long-established customs. Only those expressions whose use has been greatly generalized in the commercial world could be adopted. (D) Means which can be recommended for establishing a common nomenclature. 1. The adoption of the metric system as the only legal system for all the Republics of America. The metric system being based on rigid scientific principles is the only system that offers guaranties of exactness and uniformity in weights and measures. It is used in the majority of commercial coun- tries, and is the system that offers the greatest facilities for mathe- matical calculations. For this reason Guatemala adopted it officially in all customs operations since the year 1893, and now 1 should be very much pleased to see it adopted also by all the other countries of the continent. 2. The unification, in so far as possible, of the systems and methods of customs classification and dispatch of merchandise in the custom- houses of America, as well as the legal efforts to permit the arrival, disc^harge, and clearance of vessels at ports, and the arrival and embarkment of passengers. The advantages which would result to international commerce by uniforming customs operations or procedure, adopting those which offer the greatest guaranties and facilities, not only to governments but also to individuals, are so obvious and important that they need FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 65 no recommendation. This would aLso greatl}^ aid the uniforming of the nomenclature. 3. To compile and publish a dictionary of nomenclature and mer- cantile customs of the American Republics. 4. I do not think there is a more practical means of uniforming the nomenclature, and avoiding the difficulties that arise from the differ- ence in names with which goods are designated, in the commercial and customs operations and procedure, than by compiling a dictionary printed in Spanish, English, and Portuguese, or at least in the first two languages, and which shall contain a clear and concise explanation of all the principal words and mercantile technicalities used in these countries, all under the following or some similar plan: (a) The work should be edited by a committee of capable persons appointed by the different nations interested, (h) The work to be issued in three volumes, corresponding to the three languages spoken in America, i. e., Spanish, English, and Portuguese, (c) The diction- ary to contain in alphabetical order: First, the word in the language to which the volume corresponds; second, the synonyms and provin- cialisms that, with the same meaning, are used in the different coun- tries of America that speak the same language; third, the translation of the principal word into the other two languages (in the Spanish edition the translation of the English and Portuguese; in the English edition the translation of the Spanish and Portuguese, etc.); fourth, a definition, in the language to which the volume corresponds, of the meaning of the word under consideration and of the most important data respecting its application and use in the American countries. (d) The work should be popularized and circulated as much as possible everywhere. Anyone who has felt the difficulties that are experienced in deter- mining the meaning in one country of the commercial terms used in another, not only where different languages are used, but even where the same language is spoken, will readily understand that only a work like this, the publication of which is proposed, could establish the basis of a common nomenclature. How useful it would be to merchants, commission men, consignees, producers, customs emplo3^ees, and other persons interested in com- mercial interchange, may be easily imagined when one considers that there is no technical work in existence that could fill the void I have mentioned. APPENDIX P. MEXICO. Report on Merchandise. (A) It is the duty of foreign shippers of merchandise, consigned to a Mexican port, to deliver to the Mexican consul four copies of an invoice containing the following data: Class, nationality, and name of the vessel in which the merchandise is shipped; the name of the captain, the consignee of the goods, and the port of destination; the marks and number of packages, class, and S. Doc. 180 5 66 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. numbers on the boxes; the gross weight of the packages; the units that serve for adjusting the duties, such as the legal kilo for mer- chandise paying duty by weight, or the thousand for merchandise paying duty according to that unit, etc. ; the class of merchandise in conformity with the classifications of the tariff or vocabulary; the country where the goods originate, their value, the place where the invoice was made, together with the date, the signature of the shipper, and an affirmation of the truthfulness of the declaration. The four copies furnished the consul shall be certified to by him and distributed as follows: One to the shipper, together with the con- sular receipt; one for filing in the consulate; one by mail to the administrator of the custom-house to which the goods are consigned, and one by mail to the general administrator of customs (direccion general de aduanas). On the arrival of the vessel in the port and upon request of the captain, the unloading of the goods which are under the authority of the custom-house shall be permitted, placing the same in warehouse or under cover, according to the class of merchandise, and comparing the number and kinds of packages, marks and numbers on the same, with the manifest furnished by the captain. The owner or consignee of the merchandise in the port shall present the bill of lading, in which the shipper names him as his legal con- signee, for the purpose of identification. He shall request delivery, furnishing a list (pedimento), in triplicate, which shall specify the date contained in the invoice, which list may be modified should the ship- per, at the time of making his invoice, have made a mistake, but said modifications shall not relate to the number of packages, and shall be accepted without the imposition of a penalty, provided that, in the judgment of the administrators, there is no fraud but simply an error in the making of the invoices. The dispatch of the merchandise being completed and the amount of the duties paid or secured by bond, the administrator shall deliver the packages to the consignee, taking his receipt therefor. If the merchandise should not be for use in the place where the cus- tom-house is located, the latter shall issue a document authorizing the introduction of the goods into the place of consumption. Foreign merchandise for transit in a zone extending into the inte- rior 40 kilometers from the coasts and frontiers shall be accompanied by the document referred to in the foregoing paragraph. For transit throughout the rest of the country no document whatever is necessary. (B) The despatch of goods shall be effected in the custom-house building, and all fragile or delicate merchandise dispatched, such as textiles, fine hardware, jewelry, etc., shall be inspected in the interior of the building, but the dispatch of machinery and other rough goods may be permitted in the yards or platforms. He who is designated in the bill of lading by the shipper as the con- signee shall be considered as such, but when the consignment is in favor of one person but in the care of another, the one who presents the bill of lading shall be considered as the consignee. If the bill of lading indicates that the consignment is ''to order," the consignee shall be considered the last person in whose favor the bill of lading is indorsed. The consignees designated in the bills of lading have the right to reject the consignment of the merchandise before requesting FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 67 its dispatch, said renouncement or rejection to Ibe made in writing accompanied by the bill of lading and the invoices, if in their posses- sion. In this case the shippers, whom the custom-house shall advise through the consul who certified the invoice, shall name a new con- signee, but if any consul of a friendly nation should take charge of the consignment in his official capacity, the custom-house shall accept him as the legitimate consignee. The declarations in the lists (pedimentos) of importation with refer- ence to the class of merchandise should be made either in the exact terms of the tariff or in generic terms, adding the number of the sec- tion that corresponds to the merchandise and its quota. In the lists (pedimentos) of importation of goods in transit the declarations shall be subject to the rules that govern in ordinary importations. (C) The consignees of merchandise shall make their declarations in accordance with the data contained in the consular invoices, but if said data should not specify clearly the class of merchandise or any other particulars, or if the consignee should fear some error committed at the time of making the invoices, he shall request a revision of the mer- chandise before its dispatch in order to render his declaration more perfect. He shall request from the administrator of the custom-house the classification that corresponds to the merchandise in case he should be in doubt regarding the true classification. After the presentation or delivery to the custom-house of the list (pedimento) it shall be compared with the corresponding consular invoice, care being taken to note in a special column of "observations of the accounting department" the differences that may exist between the two documents named. An inspector shall be appointed who shall conduct the inspection of the goods. The packages that must be opened having been selected by the inspector, he shall proceed to examine all the merchandise con- tained in each one of said packages in order to determine whether the declarations of the list (pedimento) agree with the tariff classification of the merchandise, and if discrepancies are found they shall be noted in a special column of " observations of the inspector," and an account in writing furnished the administrator. If the merchandise should not be classified in the tariff or vocabulary, it shall be declared " de asimilacion " (classification by analogy), and the inspector, in conjunction with the administrator, shall fix by analogy the rate that obtains on articles similar in composition and use, and these cases of classification by analogy should be discussed by the Treasury Department in connection with the samples or merchandise. The examination having been completed, the list (pedimento) shall be sent to the accounting department, where the arithmetical operations shall be performed, taking as the quantity that which is given in the list, provided the inspector has not noted on said list that the quantity is greater, and shall accept as the rate that which the inspector desig- nates as corresponding to the merchandise. In fixing this quota it should be borne in mind that the Mexican tariff consists of fixed rates, applied to a given unit or standard, that vary according to the class of the goods, the units being as follows: Gross kilogram, legal kilogram, net kilogram, piece, pair, thousand, square meter, head, etc. By gross weight is meant the weight of the merchandise, including wrapping, packing, and boxing; by legal weight the weight of the merchandise 68 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. without the outer packing or the straw or shavings, and by net weight the intrinsic weight of the merchandise. Glass pays duty on gross weight, silks on net weight, timepieces by the piece, footwear b}^ the pair, bricks by the thousand, cotton and linen fabrics by the square meter, and horses by the head, etc. Should it happen at the time of dispatching the merchandise or goods that less duties than those declared should have been collected, a sample shall be sent to the general administrator of customs, in order that, in conformity with the recommendation of that office, the Treas- ury Department be authorized to return the duties overpaid, and the return of duties shall also be allowed in case the quantity of the mer- chandise was less than that declared, in which case it will not be nec- essary to send a sample, the notation made by the inspector on the pedim£nto (list) being sufficient. If the inspector should find any difference in the despatch, and the consignee should not be satisfied with the decision of said officer, he may submit the case to the opinion of experts, applying to the treas- ury department through the general customs office, or the consignee may obtain a decision by judicial proceedings. The amount of the duties having been adjusted, payment of the total sum shall be made, plus the additional duties, as follows: 1\ on the importation duties for the municipalities of the place where the custom-house through which the goods enter is situated. (In the ports of Tampico and Vera Cruz it is 2 per cent.) A certain per cent, varying with the fluctuations of exchange, and which is equal to half of the difference between 200 and the rate fixed by the treasury department for each month, being the average rate of exchange of the previous month (deducting 30 per cent of the dif- ference between 200 and the true average rate). The right of transit is 2 per cent on the duties that the merchandise transported pays, and 25 cents per 1,000 kilos on merchandise which pays no importation duties. The right of transit shall only occur at the places designated by the Government beforehand. At the present time a plan is being considered for the modification of this feature in a manner favorable to traffic. (D) At present there are only general deposit warehouses in the ports of Vera Cruz and Guaymas, and in the Cit}^ of Mexico. The warehouses at Guaymas belong to the Government, and those in Mexico and Vera Cruz to private parties. Goods intended for deposit should come protected by the corre- sponding consular invoice, and the consignee shall request that they be admitted for deposit accompanied by said invoice. While goods are in the warehouses they shall pa}^ a storage tax of 1 cent daily per 100 kilos or fraction thereof during the first and sec- ond months; 2 cents daily per 100 kilos or fraction thereof durmg the third and fourth months, and 3 cents daily for each 100 kilos or frac- tion thereof during the fifth and sixth months. The duties are on each invoice or lot and not on each package. In taking the packages out of deposit the following rules shall be observed: If it is desired to take them out for home consumption a certificate of dispatch shall be presented, the same as is done in ordi- nary importation. The withdrawal from the warehouses of the pack- ages may be either in whole or in part, but shall always consist of whole FIRST OITSTOMS CONGRESS OF AMERICAN REPUBLICS. 69 packages. The merchandise extracted from the warehouses for con- sumption shall be subject to importation duties in accordance with the tariff in force on the arrival of the goods in the country. Merchandise that may be exported after having remained in the deposit warehouses shall be subject to no other duty than that of storage. Its dispatch shall be governed the same as for importations, and penalties or fines, equal to the amount of the duties that are caused by the differences found, shall be imposed. (E) The custom-houses have the right to dispose at public auction of goods abandoned by their owners or those taken as contraband. These auctions shall be subject to the following rules: Publication of the auction shall be made through the press and by means of notices displayed in the custom-house, and the auction shall be conducted by an auctioneer, the auditor of the custom-house being present. There shall be paid from the proceeds of the auction the importation duties, storage, etc., and the remainder shall be placed at the disposal of the owner of the merchandise for one year, after the expiration of which period, if not called for (notification having been given through the press and by proclamation), it shall become a part of the fund known as "Aprovechamientos de la Hacienda Publica" (Profit of the Public Treasury). Merchandise is liable to the Government for duties and fines, and the custom-house, after the time prescribed for collecting or delivering the merchandise has expired, shall proceed to sell it. (F) The declaration of the merchandise being definite, not only as to quality but also as to quantity, the custom-houses can therefore deter- mine the exact duties the goods must pay without the necessity of examining the merchandise, so that an examination is not usually made of all the goods but only of a certain number of packages in order to determine the correctness of the declarations. An examination of the contents of at least 10 per cent of the packages of each lot of merchan- dise should be made, and when there are less than ten, one should be examined; but if in the package selected by the inspector goods are found incorrectly declared, the examination shall be extended to a greater number of packages, and even to all of them. Every package in which the declaration differs from the invoice shall be examined, and noted in the record in the proper column. (G) All merchandise imported into the Republic pays duties in cash, except merchandise imported into the country as samples to be reex- ported at the expiration of a fixed time, and said security being can- celled when the reexportation occurs. This applies to the wardrobes, scenery, etc., of theatrical companies. The duties collected in cash are not returned upon the reexportation of the goods that occasioned them, with the single exception of cotton fabrics manufactured in the countr}^, and that are exported, which fabrics are credited, in the nature of a bounty, at the rate of 8 cents per net kilo, the aggregate of which is equivalent to the duties that foreign cotton fabrics pay. 70 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. APPENDIX G. MEXICO. Report on Vessels. (A) Every vessel which in a foreign port loads goods for a Mexican port shall carry a manifest certified b}^ the Mexican consul in the port of clearance. The manifest shall contain the following data: Number, consecu- tively, of the bills of lading; marks and numbers of the packages; number of the packages of which each lot of merchandise consists, and contents of the packages in generic terms in accordance with the declaration made by the shippers in the bills of lading; names of the consignees of the merchandise at the port of destination. The manifest shall show the total of the packages which the vessel carries for the port to which it is dispatched. Before the sailing of the vessel the manifest, in quadruplicate, shall be delivered to the Mexican consulate. The captain shall obtain from the consulate a copy of said manifest, duly certified, which he shall retain for delivery to the officials of the Mexican custom-house when they come on board the vessel at the port of destination. If the vessel carries merchandise for difi'erent Mexican ports, it should carry a manifest for each port. If the vessel clears in ballast from a foreign port to a Mexican port, it should also deposit in the consulate a manifest in quadruplicate, stating that it does not carry merchandise, and the captain should also retain a copy of said manifest, duly certified to by the consul, for the purposes that have already been indicated. If in the port of clearance of the vessel there is no Mexican consular agent, the captain shall make a manifest in triplicate containing the data already mentioned, and shall forward by registered mail from the post-office of the port two copies of the same, addressed, respec- tively, to the general customs administrator (direccion general de adua- nas) and to the custom-house of the port of clearance. The other copy he shall keep in his possession, together with the registration postal receipts, showing that before sailing he deposited in the post-office the two copies referred to. No vessel shall clear from a foreign to a Mexican port if it is not duly equipped and provisioned for carrying commerce on the high seas. When a vessel has to load freight at a Mexican port for a foreign port, the captain or consignee shall submit to the custom-house a request expressing his desire to take on board goods for exportation. Permission being granted, the vessel can commence to take on freight even though it has not finished unloading, if there are facilities for performing simultaneously both operations. As soon as the captain of the ship expresses a desire to be cleared for a foreign port the customs officials shall comply, if the vessel has finished unloading the goods that it brought for the port and upon payment in advance of the port dues that it may have occasioned. (B) The ship, having arrived in port, receives the visit of the sani- tary inspector and of the chief of the revenue inspectors (comandante del resguardo). To the first the captain shall deliver his bill of health FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 71 and give an account of the sanitary condition of the crew and passen- gers; to the second, the papers corresponding to the customs service, and which are the following: The manifests of the freight which the vessel carries, certified by the Mexican consuls in the manner already indicated, or accompanied by the corresponding postal receipts hereinbefore mentioned. A description of the packages of samples that come consigned to the port. A list of the passengers, giving the number of pieces of baggage that each one brings. A detailed statement of the supplies contained on board for the sus- tenance of the crew and passengers and for the use of the vessel. An account of the inflammable substances or explosives that the vessel carries for the port. If by reason of an accident at sea it should have become necessary to throw overboard a part of the cargo of a vessel, on receiving the anchorage visit the captain shall relate what has happened to the chief of the revenue inspectors, so that the latter may make the necessary investigation. The manifests of the freight that the vessel carries for other Mexi- can ports, and the same manifests or an account of the merchandise which it may have on board destined to another foreign port. These documents shall be deposited in the custom-house and shall be returned to the captain when the operations are terminated in the port and he requests clearance in order to continue his voyage. (C) The anchorage visit having been terminated and the vessel given f ree practique, the captain or consignee shall submit to the customs oflicials a request, in order that he may be authorized to unload, accompanying the request with two copies of the general manifest written in the Spanish language. If the documents delivered by the captain to the chief of the revenue inspectors are in due form, the custom-house shall permit immediate discharge. Vessels of established lines that make regular visits to Mexican ports are permitted to commence unloading as soon as the anchorage visit is terminated, provided the captain delivers his papers in due form, under the conditions that the agent submit to the custom-house the request for unloading and the copies of the manifests within a reasonable time. This period shall not exceed the time necessary for the agent to receive the ship's papers and formulate its request. " The unloading of inflammable substances and of samples that are not included in the general manifest, but only in the separate account of which mention has been made, are also authorized immediately after complying with the formalities of anchoring. Unloading at night is authorized in those f)orts which, owing to their conditions, are adapted to said operations without danger and under a good system of revenue inspectors that will prevent fraudulent trans- actions. Such unloading is authorized on request from the captain or agent of the vessel, and will only be granted to those steamships that are obliged to shorten their stay in port in so far as it may be possible; but the granting of these requests not being obligatory, such permis- sion may be denied when circumstances so require. For said operation of unloading at night the captain or consignee of the vessel shall give to the custom-house a bond, in the sum that he may require, for the purpose of insuring against any breach that may be 72 FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. permitted, and to protect the custom-house from the responsibilities that it may incur on account of having granted the permission. The}^ shall also be responsible to the consignees of the goods for the dam- ages that the merchandise may suffer on account of the unloading at unusual hours. The officers that the custom-house appoints to watch those operations are entitled to a compensation equal to three times the daily salary that each one of them enjoys, during the nights in which they perform the extra work referred to, and the custom-house shall receive from the captain or consignee of the vessel the amount of said compensation for the purpose of distributing it among the employees to whom it belongs. In the same manner and under the same circumstances steamships may be permitted to load during the night freight for exportation. (D) The regular unloading of vessels may commence during the early hours of the morning, as soon as there is sufficient natural light, but according to the manner in which it is done and the customs of each port, the custom-houses shall regulate same, suspending it at the proper time, so that when daylight ceases the unloaded merchandise may be situated at the place it is to occupy until it is delivered. (E) The operations of a vessel in a port being finished, the captain may request clearance for another port, whether it be for the purpose of loading or unloading merchandise, the taking on or the letting off of passengers, etc. The custom-house shall dispatch the vessel as soon as clearance is solicited, provided the sanitary regulations have been complied with and the port dues that have been occasioned paid. (F) Tonnage dues. — As a basis for the collection of port dues, the tons of gross burden which the ship measures shall be charged for at the rate of 10 cents per ton for sailing vessels, and 6 cents for steam- ships. Every national or foreign vessel engaged in the operations of com- merce that arrives at a Mexican port, proceeding from a foreign port, is subject to this tax. When the vessel touches at different Mexican ports it is subject to the tax only in the first one at which it arrives. The steamship companies that make regular trips, according to fixed time-tables, between foreign and Mexican ports, may obtain, by vir tue of a contract made with the department of communications, and by agreeing to carry the mails, reductions in the amount of the ton- nage dues that may amount to as high as 75 per cent on the Pacific coast, and 50 per cent on the Atlantic. Additional tonnage dues. — These dues are levied in all ports where the Government has made material improvements, whether for the purpose of giving to vessels greater security in the place of anchorage or greater facilities in the operation of loading or unloading. This tax is at present only collected in the ports of Vera Cruz, Pro- greso, Frontera, and the island of Carmen, taking as a basis, as in that of tonnage, the gross burden of the vessel, and at the rate of 5 cents per ton for sailing vessels and 3 cents for steamships. Every vessel which arrives at an improved port is subject to this tax, regardless of its nationality and origin, and only \yar ships, ships in distress, and those exclusively engaged in fishing are exempt from it. Sanitary dues. — These are divided into two classes, as follows: Dues for entrance inspection. — Vessels coming from abroad which arrive at Mexican ports are subject to the tax in the following FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 73 manner, that is to say, always upon the basis of the gross tonnage of the vessel: At the iirst Mexican port, 2 cents per ton; at each of the other ports, 1 cent per ton. Fees for hills of health. — Every vessel that requests clearance for a foreign port is subject to this fee at the rate of |5 for each steamship and %2> for each sailing vessel. If the vessel proceeds to another Mexi- can port, it must pay the tax at the rate of $3 if of the first class of vessels and f 2 if of the second. (G) For the measurement of vessels, and with the object of deter- mining their gross and net tonnage, the rules established by the Inter- national Commission of Measurement, which met in Constantinople in 1873, are followed, the unit being that of the ton of 2.83 cubic meters. Said commission adopted two different rules for the measurement of vessels; but as the first one of these can not properly be put into prac- tice, except in vessels under course of construction and while they are being built, in general for customs operations the second rule is applied, and even though it is known that it does not give mathematically correct results, but only approximate ones, these results are sufficient for the purpose, that is to say, the collection of the duties, taking as a basis the tonnage of the vessel. In general the custom-houses for the collec- tion of these duties are governed by the tonnage given in the certifi- cate of registry of the vessel, when the same shows all the evidence of authenticity that are necessary, and only where the captain of the ship can not present said certificate, or where, for any reason, it is suspected that the result given is not correct, shall the measurement of the vessel be taken in accordance with the rules already mentioned. As, in con- formity with our laws, port dues are calculated upon the basis of the gross tonnage of the vessel and not of the net tonnage, no deductions whatever are made on determining the latter, which it is of no interest to know. When the vessel is a Mexican vessel in whose registry it is desired to record the gross and net tonnage belonging to it, wherever it is possible the first rule of those established at the convention of Con- stantinople, with the deductions that the same indicate, is followed. (H) As a basis for the collection of duties it is preferable to take the gross weight of the vessels and not the net, because the first is easier to prove. On the other hand, it must be borne in mind that if there is uniformity as regards the first, since nearly all nations have adopted the rules of the convention of Constantinople, there is not as regards the second, since different systems are employed for determining the net tonnage, and some nations make large or unreasonable deductions from the gross tonnage in order to arrive at the net tonnage. The adoption of the latter as a basis would give rise to continual discussions and to the frequent measurement of foreign vessels in estimating the tonnage in accordance with the rules of the interested nation. The fact of taking as a basis the gross tonnage furnishes to foreign ves- sels trading with Mexican ports the advantage of being able to easily verify that tonnage by the presentation of its registry or certificate of tonnage; and as this document, in general, is usually accepted as cor- rect, it rarely happens that it becomes necessary to measure a foreign vessel at a Mexican port. Even should such a case arise, as the oper- ation of determining the gross tonnage is simple, it can be easily cal- culated without delaying the vessel, which would not be the case if it were necessary to determine precisely the net tonnage for the purpose of collecting the ])ort dues on that ]>asis. 74 FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. APPENDIX H. MEXICO. Rej)ort on Nomenclature. MEMORANDUM. [Commercial nomenclature compiled by the International Bureau of the American Republics in Washington, in accordance with the recommendations of the first International American Conference.] The vocabulary compiled by the International Bureau of the Ameri- can Republics is a laborious work which may be useful in finding in a foreign language the equivalent term applied to the merchandise that it is intended to buy or to be sold, but can not be available to the ship- pers of merchandise while making their custom-house declarations for the following reasons: (A) The aforesaid nomenclature is framed like a dictionary, but not worded under the requirements of custom-house technolog}' . The most important subject for a shipper is not to know the term or the vulgar expression for the goods he sends to a foreign country, but to under- stand under which of the tariff schedules those goods are included. In the tariff of each country said schedules differ on account of the form under which the various articles are taxed and the distinction that it is intended to establish among them. For instance, in the Mexican tariff steam engines and parts thereof or interchangeable pieces, are placed under one single tariff' specification. The proposed vocabulary enu- merates over 200 names for pieces or parts of steam engines. It is entirely useless for the intending shipper of machinery to Mexico to know the names of different parts of machinerj^ if he is not aware that all those names are placed under one single denomination in the Mexican tariff'. (B) Although there are many Spanish-speaking countries in America, and notwithstanding the fact that a common language is used, each one of them has its special custom-house terms and common or commercial names to designate certain goods, the result being that not only a cer- tain article may have several names in each country, but also the same word may be applied in two different countries to two articles or mer- chandise entirely different; consequently that which is easy for the English or Portuguese nomenclator to translate, there being but two nations in America where those languages are spoken, renders it not only difficult, but utterly impossible, for the Spanish nomenclator, on account of the provincialisms of each of the Spanish-speaking coun- tries, to obtain the exact terms or equivalents in Spanish. That is why the proposed vocabulary, although being useful in other ways, can not be applied to make uniform the tariff nomenclature. (C) The main difficulty against the adoption of a custom-house tech- nology conjointly for all the American countries is that all the sched- ules are framed in accordance with their convenience and necessities, their economical and industrial conditions, and, "consequently, with their desire to favor or to restrain certain importations. This danger is not avoided by the proposed vocabulary. What is said above is enough to show that the making of a tariff nomenclature to be applied to all the American countries is a difficult and almost impracticable subject, especially if its purpose is to include in it specifications in detail; but, if this ideal can not be attained, it is FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 75 possible to reach almost the same result through a simple and practical device consisting in classifying the different tariffs of the American States b}^ means of generic specifications, taking as a basis either one of the tariffs in force at present which is the richest in specifications, or by means of condensing in a special tariff the different schedules of the tariffs of all the countries, making use of generic specifications and stating therein the numbers or fractions of the different tariffs corre- sponding to the same generic entry. In that way the shippers and the consignees, as well as the buyers and sellers, will be placed under favorable conditions to transact their commercial operations with full appreciation of the duties collected on merchandise and the way to invoice goods to the country to which they are consigned; the states- man will thus be able to compare with advantage the custom statistics, and at the same time each country will keep without any alteration its special terminology" and classification of merchandise. To illustrate this idea a form is inclosed wherein several generic specifications are shown in four languages — English, French, Spanish, and Portuguese — and also the fractions corresponding to said generic specifications in the several tariffs of the American Republics. The United States shipper, for instance, who intends to send shoes to Mexico will find under the denomination of ''footwear," mentioned in the column belonging to Mexico, the fractions 80 to 101. By exam- ining the Mexican tariff at such fractions he will find out which is the one that applies to the class of shoes he intends to ship; but very likely he is not able to understand the meaning of the Spanish words ^'botas," "botines," "zapatos," etc., and then he may refer to the vocabulary compiled by the International Bureau of the American Republics, which gives the equivalent in English of the aforesaid terms. In this way the North American seller will know how to make the declaration of his goods and the amount of the import duties to be collected in Mexico. The adoption of the same generic classification will pave the way for statistical reports b}^ comparing the date for the different countries, provided the metric system is accepted. In short, to decide upon the proposition of making a nomenclature in common with all the American Republics, it is advisable to con- dense their tariffs in force at the present time; to classify them as is shown in the inclosed form; to establish generic specifications and to adopt the metric system, at least in making statistical reports, in case such adoption should be found impossible for the tariffs of all the countries. 76 PIEST CUSTOMS CONGBESS OF AMKBIOAN BEPUBLICS. I W^ l^ KJ> ITJ ^^ <^ '00, CO. 50 0ooor-»>»o t» : iH CO «5 T-doeoiH in irT I>e0-X>0 igcDt^C3005CT>'"o5COiO lO'OS _.-?3i "Cm Q .. O (NO, (N P, i i .III t, -'d *^ P », <=> - . to o'S H r-'so lO co'ic lo't^'oJ ' t^ CO —-•^ lO^OJOi-ieaec.^'CGO r-iaoeo(N£} (Ncoeo=^ o *^ O *-i o ^ 02 O en O aj O •3 P, -^ ft -3 P< d . fl_ . «_ . ■£ i?i 'o "C -^ 'o ■£ 4< ^ ^ ioo5co°^-^ioo-^OiT-n^t^oo CO C?i OS O 00 00 ^ 05 O i-H I— r-l (N C^ CO CO -^ iC to CO CO t^ 00 O 05 o S2 .2 1 ! 1 1'^ s 1 ■ g" !l 1 i. tl i o3 11 OS ^ w 00 CO 5-S o 50 §1 78 FIKST CUSTOMS CONGRESS OF AMERICAJS^ REPUBLICS. APPENDIX I. UNITED STATES. STATEMENT OF ORDINARY PROCEDURE BY CUSTOMS OFFICERS IN THE TREATMENT OF MERCHANDISE ARRIVING AT THE PORT OF NEW YORK FROM FOREIGN COUNTRIES. (By Mr. Couch.) Title 34 of the Revised Statutes, and various acts of Congress of later date, including the immediate transportation act, approved flune 10, 1880, and the administrative act, approved June 10, 1890, as amended respectively by subsequent legislation, contain the provisions applicable to the various treatment of imported merchandise on its arrival within the jurisdiction of the United States, until final disposi- tion by the customs authorities. The customs regulations of 1899, with modifications and amendments made from time to time in Treasury Decisions, are established for the information and guidance of officers of customs in all custom districts of the country regarding methods of ordinary procedure. (a) Merchandise from foreign countries may arrive at this port directly, either b\^ ship from sea or by transportation through another port. Direct arrivals are regularly entered, either for consumption or warehousing, or may be sent forward to the ultimate port under the immediate transportation act of 1880, or may be sent through the country to destination in an adjoining country. In cases where the import entry is made at this port, all the proceedings incident to inspection, appraisement, classification, and assessment of duties are made here. In respect to goods sent forward under the immediate transportation act, inspection of packages sufficient to identify the importation is made here, and" goods are then forwarded under com- mon carrier bond to port of destination, where the regular entry is to be made. Entries for immediate transit through the country are made upon combination entry for warehouse transport and export, transportation and export bond taken thereon, goods then inspected for identification and sent forward by bonded routes to place of exit. Merchandise may also arrive from other districts in bond for re ware- housing or for export after entry has been made at another port and duties duly assessed. Such goods are treated under the general bond- ing system upon the basis of liquidation previously determined at the port of entry. In respect to such goods arriving in transit through the United States where the transportation and export bond was taken in another dis- trict, this office acts simply as the agent of the collector of such dis- tricts in supervising and reporting the actual shipment of the goods. The following table gives a concise view or plan of the original treatment of merchandise on its arrival at this port: Arrival of goods: Direct, either by sea or by I. T. through another port. Warehouse and transportation in bond from another district, after regular import entry has been made. Consumption entry. 1. Duty paid. 2. Free. 3. Conditionally free. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 79 Arrival of goods— Continued. Warehouse and transportation in bond from another district, etc. — Continued. Warehouse entry— 1. Consumption. 2. Transportation. 3. Export. 4. Transportation and export. 5. Free for special purposes, such as departmental letter, vessel's sup- plies, vessel's equipment, etc. 6. Manufacturing warehouses. Combination on warehouse entry — 1. Warehouse and transportation. 2. Warehouse and export. 3. Transportation and export. Special bond entry — 1. Export. 2. Amendment for short export. Immediate transportation for another port — 1. This paper antedates regular entry; transfers goods through a bonded route to collector at port of destination, where regular import entry is to be made. Rewarehouse entry — 1. Consumption. 2. Transportation. 3. Export. 4. Transportation and export. 5. Free for special purposes. 6. Manufacturing warehouse. Combination rewarehouse entry — 1. Rewarehouse and transportation. 2. Rewarehouse and export. 3. Rewarehouse transportation and export. 4. Rewarehouse and consumption on arrival. An inspection of the table will show that goods may arrive in two conditions — either (a) direct, or (h) under bond other than common car^ rier's bond after import entry has been made elsewhere. Goods arriv- ing direct may have import entry made for ''consumption" where immediate delivery to tne importer is intended. Warehouse entry, combination warehouse entry, and special bond entry are all import entries, and are made without payment of duty under either a ware- house or special entr}^ bond. The special bond entry is used with refer- ence to goods that are specially described and provided for in the tariff schedules. The warehouse entry and the combination warehouse entry constitute the ordinary mode of entering bonded goods, the combina- tion entry being used where the further disposition of the goods is to take place at once, and where the goods are treated throughout as an entirety. The warehouse entry proper covers dutiable goods except explosives and perishable articles, and goods so entered may be with- drawn in detail in not less than entire packages under any form of withdrawal noted in the schedule. The I. T. or immediate transportation entry, without appraisement, noted in the schedule, is designed to forward unclaimed goods to the port of destination and furnish the collector at that port with infor- mation necessary to make the regular import entry. Goods arriving from or through another collection district are covered by bond of the transportation company, accompanied by a customs manifest, and are held under such bond until duly released by action of the collector. In case of goods arriving direct by sea from foreign countries, the vessel conveying the same is at once placed in charge of customs offi- cers, who allow nothing to be landed therefrom except in accordance 80 FIK8T CUSTOMS CONGRESS OF AMERICAN REPUBLICS. with permits or orders issued by the collector. At the same time, the master of the vessel is required to make entry at the custom-house and lodge a sworn manifest of his cargo. After the discharge of the vessel the customs officer makes return of his action upon all the con- tents of the cargo, and his returns are compared with the sworn mani- fest of the master, discrepancies, if any, explained and adjusted, and when found to agree the vessel is in condition to be cleared. These goods are held as unclaimed, and unless entries are made by the con- signee thereof, and permits or orders presented to the officers in charge in due time, they are taken into actual possession under a general order of the collector and deposited in a bonded warehouse. (h) The importing vessel being duly entered, and the manifest of cargo filed with the collector, the entry of the merchandise by the owners or consignees thereof is in order. Merchandise that appears by the invoice or bill of lading and manifest to be consigned to another port may be forwarded under the provisions of the immediate trans- portation act (June 10, 1880) within ten dsijs from date of landing, or otherwise the import entry must be made at port of first arrival. There is but one import entry, though that may be made in different forms, according to the intended treatment and disposition of the merchandise, as indicated in the schedule of entries given above. The general requirements for making this entry are found in sec- tions 2785 and 2689, R. S., and sections 1 to 8, inclusive, of the admin- istrative act (June 10, 1890). The essentials of such entry are: An entry in writing by the importer, a legal invoice, a bill of lading, and an estimate of the duties on the entry made by the collector and naval offi- cer, based upon the invoices and vouchers presented by the importer. When the duties thus estimated have been paid or a bond given to secure the same, as the case may require, the appropriate permit or order •is issued by the collector and given to the importer, who takes the same to the officer in charge of the merchandise for such disposition as may be authorized by the permit or order. The invoices are sent to the appraiser to make official examination and appraisement of the merchandise, while the entries are sent to the different divisions of the collector's office to take their place in the accounts, reaching finally the liquidating division, where they await the returns from the sur- ve3^or and appraiser. Orders for weighing, gauging, or measuring are made on permit, to be executed by officers appointed for that duty, and orders for examination and appraisement are made upon the invoice and noted on the permit and collector's copy of the entry. (c) Thus far the action of the collector in the classification of mer- chandise and assessment of duties is based solely upon. the specifica- tions of the shipper in the invoice, the statements of the importer in his entry, and the vouchers presented at the time of entr}^ — a purely ex parte presentation. The orders of the collector on the invoice and permits are for the purpose of obtaining official reports that shall either confirm the presentation of the importer or modify the same. The appraiser makes a descriptive report, with an advisory duty rate, upon the invoice for the information of the collector in his classifica- tion; and upon goods subject to an ad valorem duty or to a duty based in any manner upon value, the appraiser is required to appraise the actual market value, in conformity with the provisions of sections 10, 11, and 19 of the administrative act. From the said decision of the appraiser as to the value of the merchandise appraised, appeal may be taken for reappraisement by one general appraiser under section 13 of FTKST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 81 the same act, and a final appeal from the decision of the reappraiser to a board of three general appraisers. Should no appeals be taken, the finding of value by the appraiser is final and conclusive against all parties in interest. Should an appeal be taken, the finding of the general appraiser supersedes that of the appraiser; and the finding of the board, if further appeal is taken, is absolutely conclusive. This question of market value must be determined before liquidation can be made by the collector. The official reports required in any case being received, the collector proceeds to examine and compare the same and make his determina- tion with reference to rates and amount of duties chargeable upon the entry. From this determination of the collector the importer may make protest within ten days after date of liquidation. When protest is made, the collector and naval officer carefully review their action, in the light of the protest, and, if need be, call for special reports from the appraiser or other officer of customs, as the case may require, and if upon this review he is satisfied that the protest is valid he orders a reliquidation, in view»of the additional information. Other- wise he affirms his assessment of duty and forwards all papers con- nected with the case to the Board of three General Appraisers, who review his action in the premises and make their decision. The deci- sion of this board may be appealed for review to a judge of the circuit court, and his action may be further appealed to the circuit court of appeals. In rare instances the case may be carried to the supreme court. If no appeal is taken from the decision of the board, that deci- sion is returned to the collector, who is required to reliquidate the entry in accordance with the decision of the board. If the case goes from the board to the courts, the liquidation as made by the collector stands, and any decision by the courts adversely to such liquidation is adjusted by means of certified statements forwarded to the Secretary of the Treasur}^ Decisions made by the Board of General Appraisers and accepted by the Secretary of the Treasur}^ and final decisions of the courts promulgated by him, constitute rules for the guidance of customs officers in future importations of like character with those appealed. (d) Tbe bond and warehouse system (chapter 7, title 34, Rev. Stat.) is designed to facilitate the handling and various disposition of mer- chandise while in customs custody. Bonds are taken from the owners or lessees of warehouses provided for the storage of such merchan- dise, also from the proprietors of various transportation lines for the conveyance of such goods from place to place; thus a system of joint custody is established. When the import entry is made for warehouse and the duties esti- mated thereon the warehouse bond is given in lieu of the payment of duty, the goods retained in custody, and ordered to a bonded ware- house. Such goods are entitled to remain in bond for three 3^ears, but may be withdrawn at any time prior to the expiration of the bonded period upon the order of the person making the warehouse entry. When a withdrawal for any purpose is presented, the collector makes a statement of the duty thereon, corresponding with the duty found to be chargeable on the warehouse entry, against the goods to be withdrawn, and credits the same on the warehouse ledger. If such withdrawal is (1) for consumption, the duty charged must be paid before permit of delivery is issued; if for (2) transportation, (3) export, S. Doc. 180 6 82 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. or (4) transportation and export, an appropriate bond must be taken; if (5) free for any special purpose, the withdrawal is subject to special treatment; and if (6) for transfer to a manufacturing warehouse, the transfer is in charge of the surveyor. When the requirements on the various withdrawals have been com- plied with, the duties estimated thereon are credited on the warehouse bond. A combination, warehouse entry is simply a warehouse entry joined with some form of withdrawal, and the ffoods on such entry are placed at once under the bond appropriate to me withdrawal. A special bond entrj^ differs from the warehouse entry in the period for which it runs, and especially in the fact that the importer is made custodian of the merchandise. This bond is satisfied by an export bond or by a paj^ment of duty. "I. T.," or immediate transportation without appraisement, covers merchandise that is unclaimed and can be sent forward only by routes that have been specially bonded for the transportation of such mer- chandise. Rewarehouse and combination rewarehouse are simply a continua- tion of an import entry for warehouse made at another port. In a word, goods entered for warehouse are held under some form of bond until finally released by payment of duty or by export. (c) After a year from date of importation merchandise for which no entry has been made may be transferred for sale, and at the expira- tion of three years all merchandise remaining in public store or bonded warehouse is legally abandoned and consequently subject for sale; and seized goods, after condemnation, are required to be sold. Summary provisions are made in the statutes for the sale by col- lectors of perishable goods which are not entered promptly after arrival. if) Concurrent records are made of all ofiicial transactions relating to any importation of merchandise from the day of its arrival, and are duly posted in the customs, general bond, and other accounts that are verified and sent monthly to the Secretary of the Treasury at Washington. (g) Merchandise on which the duties have been paid may be exported with benefit of drawback any time within three years from date of importation, provided it has not been withdrawn from Government custody, and also after removal from custody at any time when it is shown to have been used as material in some domestic manufacture. In conclusion, it should be noted that in all transactions indicated herein the initiative is taken by the collector. The surveyor and the appraiser are auxiliary, and execute their functions respectively when directed by the collector. The naval officer is independent of the col- lector, though joined with him in certain important functions. It is his duty — (1) To receive copies of all manifests and entries. (2) To estimate, together with the collector, the duties on all mer- chandise subject to duty, and no duties shall be received with such estimates. (3) To keep a separate record of such estimates. (4) To countersign all permits, certificates, debentures, and other documents to be granted by the collector. (5) To examine the collector's abstracts of duties and other accounts of receipts, bonds, and expenditures, and certify to the same if found correct. FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 83 APPENDIX J. UNITED STATES. ADVANTAGE AND DISADVANTAGE OF GROSS AND NET TONNAGE, KESPECTIVELY, AS BASIS OF CHARGES ON SHIPPING. The gross tonnage of a vessel is its entire internal capacity or cubical contents, measured in tons of 100 cubic feet or in cubic meters. It includes the space below the tonnage deck, spaces between decks, and spaces above the upper deck inclosed and protected from the weather. The net tonnage is the remainder after from the gross tonnage have been subtracted the spaces set apart for the crew, for motive power (including engines, boilers, and coal bunkers), and for auxiliary navi- gation apparatus, such as the capstan, anchor gear, space for charts, signals, and boatswain's stores. The net tonnage, in brief, is the space available for carr^dng cargo and passengers. The result and one of the principal purposes of establishing net ton- nage is to divide the cubical capacity of a vessel into two parts: First. Spaces available for cargo and passengers from which, in freights and fares, the vessel derives its revenue. Second. Spaces required for the crew and propelling power, from which the vessel derives no revenue. These spaces also furnish a standard, to an extent, by which to measure some of the expenses of the vessel. Thus, the larger the crew space the more numerous the crew and the greater the monthly pay roll; the larger the engines the greater the coal consumption and the heavier the coal bill. Tonnage (gross or net), under the Moorsom system, is a fixed quan- tity in the case of each vessel. It thus has two important advantages as the basis of navigation charges : 1. Stahility. — The amount of cargo or the number of passengers will vary on each voyage of a given vessel, and will vary from port to port on the same voyage of a vessel. If these were to be made the basis of charges on the ship, as such, the amount of charges would have to be separately determined at each port on each voyage of each vessel. This process would not only involve delay and increase the amount of Government work and expense involved in collecting rev- enues from shipping; it w^ould also furnish a frequent cause for disputes between shipowners and Government officers. 2. Simplicity. — The tonnage of the vessel (gross and net) is expressed in its national register. Reference to that document discloses at once the amount of space available for cargo or passengers and of spaces set apart for navigation purposes. The advantages of tonnage as the basis for charges on shipping are so obvious that they have been recognized generally by nations in their laws and regulations. Pilotage charges are the exception. The special duty of the pilot is to keep the vessel from touching the bot- tom on entering and leaving a harbor. The amount of water which a vessel draws is thus a measure of the pilot's responsibility, and it is customary to grade pilotage charges in proportion to draft. Should gross or net tonnage be the basis of charges on shipping? Recalling preliminary definitions, the question may be put in another manner: Should charges be imposed on those spaces of the vessel appropriated to the use of the crew, to engines, boilers, and coal bunkers ? 84 FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. These spaces, as stated, add nothing to the income of the vessel. The tendency of owners, therefore, is to make them as small as possible so that more space may be available for cargo and passengers. This tendency is so marked that it has been necessary for some governments to restrain it by law. Thus, to prevent overcrowding of the crew in restricted quarters, the United States and Great Britain have passed laws requiring that at least 72 cubic feet (16 square feet on the deck) shall be set apart for the accommodation of each member of the crew. The imposition of a tax based on these spaces would give shipowners an additional incentive to restrict these spaces as much as possible. The spirit of the century is to improve the condition of labor at sea as well as ashore. A proposition, accordingly, which would tend to restrict the quarters of the crew, and, in consequence, to promote overcrowd- ing and less healthful conditions, should not be favored by this con- gress unless it offers compensating advantages. In the same manner the tendency of a tax on spaces for propelling power would be to crowd machinery at the greater risk of life and limb to those employed in its manipulation. Such a tax would tend to discourage the use of the high-powered machinery, involving large coal consumption, necessary to the propulsion of fast ocean steamers. Yet quicker ocean trans- portation of mails, passengers, and cargo is among the conceded needs of the American Republics, especially of trade between the United States and the Republics of South America. The principal objection to net tonnage as the basis of charges on shipping is that the laws of nations are not entirely uniform in desig- nating the spaces to be deducted from gross tonnage. This objection, however, has less force now than formerly. Since 1895 the laws of the United States, Great Britain, and Germany on this subject have been made uniform. The deductions under the French law are some- what greater, including smoking rooms, social halls, and staircases on steamers. The certificate of measurement which accompanies the regis- ter usually states the deductions allowed in detail. From this certifi- cate the customs officer can select those items which are taxable under the laws of his country and add them to net tonnage, if net tonnage be accepted as the basis of charges on shipping. The tonnage of the seagoing merchant shipping under the flags of the respective American Republics, is stated in the Repertoire Gene- rale of the Bureau Veritas for 1902-3. The gross and net tonnage of steamers, the percentage of net to gross, and the percentage of gross deducted for crew spaces, propelling power, etc., are as follows: United States other American Republics Total World (Lloyd's) Gross. 1,497,253 350, 631 1,847,884 25,859,987 Net.- 1,018,589 224, 283 1,242,872 16,026,373 Percent- age of to net. Percent- age de- ducted. The Repertoire Generale gives only the net tonnage of sail vessels. As such vessels are generally without machinery or coal bunkers, the only deductions are for crew spaces. These in most sail vessels con- stitute from 5 to 8 per cent of the total tonnage of the vessel. For the reasons assigned— and doubtless for other reasons also — mar- itime nations, including the United States, Great Britain, and Germany, FIRST CUSTOMS C0NGBE8S OF AMERICAN REPUBLICS. B5 have generally adopted net tonnage instead of gross tonnage as the basis of charges on shipping. Net tonnage is the basis of charges on shipping adopted by nations owning over 75 per cent of the world's merchant shipping. While this cono^ress is required to consider uniformity in the basis of charges on shipping in ports of the American Republics, in agreeing upon that basis it may with propriety consider the basis adopted by other nations with which the American Republics conduct a large commerce. APPENDIX K. UNITED STATES. Report on Vessels. [Prepared by Mr. T. B. Sanders, Deputy Commissioner of Navigation, and submitted by Mr. Eugene T. Chamberlain, Commissioner of Navigation.] {h) Requirements incident to the entry of a vessel from a foreign port and to the clearance of a vessel for a foreign port. After the delivery of manifests to the collector of customs, entry of the vessel must be made at the custom-house. Such entry is required in nearly all countries and colonies having seaports. The purpose of the entry is to bring the vessel and crew within the control of the cus- toms officers and to obtain data for the preparation of statistics show- ing entries of vessels, the ports and countries whence they came, cargoes brought, etc. In the United States the regulations provide that within twenty -four hours after the arrival of any vessel from a foreign port or place at any port of the United States, or as soon thereafter as the hours of business at the custom-house will permit, the master of the vessel shall report her arrival to the collector, and within forty-eight hours after arrival, exclusive of Sundays and holi- days, shall make entry by filing his manifest under oath at the custom- house in the prescribed form. Vessels may depart, at the option of the master, after report and before expiration of fort^^-eight hours. The privilege is restricted to that time to preclude opportunity for the perpetration of fraud on the revenue. No vessel is admitted to entry until the master, owner, or agent has produced a certificate from the health officer or quarantine officer at the port of entry that no person affected with leprosy was on board when she was admitted to free pratique. The oath made by the master is as follows: [Art. 102, Customs Regulations of 1399.] Cat. No. 471. Nationality Crew master's oath on entering foreign vessel. I, , do solemnly, sincerely, and truly swear that the report and manifest subscribed in my name, and now delivered by me to the collector of the port of '. , contains, to the best of my knowledge and belief, a just and true account of all the goods, wares, and merchandise, including packages of every kind and nature whatsoever, which were on board the at the time of her sailing from the port of , or which have been laden or taken on board at any time since, and that the packages of the said goods are as particularly described as in the bills of lading, signed for the same by me or with my knowledge; that I am at present, and have been during the voyage, master of the said vessel; that no package whatsoever, or any goods, wares, or merchandise 86 FIB8T CUSTOMS CONGRESS OF AMERICAN REPUBLICS. have been unladen, landed, taken out, or in any manner whatever removed from on board the said since her departure from the said port of , except such as are now particularly specified and declared in the abstract or account herewith, and that the clearance and other papers now delivered by me to the collector are all that I now have or have had, that anyway relate to the cargo of the said vessel. And I do further swear that the several arti- cles specified in the said manifest as sea stores for the cabin and vessel are truly such, and were bona fide put on board the said for the use of the officers, crew, and passengers thereof, and have none of them brought, and are not intended by way of merchandise, or for sale, or for any other purpose than above mentioned, and are intended to remain on board for the consumption of the said officers and crew. And I further swear that if I shall hereafter discover or know of any other or greater quantity of goods, wares, and merchandise, of any nature or kind whatsoever, than are contained in the report and manifest subscribed and now delivered by me, I will immediately and without delay, make due report thereof to the collector of the port of And I do likewise swear that all matters whatsoever in the said report and manifest expressed are, to the best of my knowledge and belief, just and true. I further swear that no officer of the customs has applied for an inspection of the manifest of the cargo on board the said vessel, and that no certificate or indorsement has been delivered to me on any manifest of such cargo. I do further, as required by law, solemnly swear that I have, to the best of my knowledge and belief, delivered, or caused to be delivered, into the post-office at or nearest this port, every letter and every bag, parcel, or package of letters that were on board the said vessel during her last voyage, and that I have so delivered, or caused to be delivered, all such letters, bags, parcels, and packages as were in my possession or under my power or control. I further swear that said vessel sailed from the said port of on the day of ,19.., and arrived at the port of , district of , on the day of , 190... And I further swear that before entering or filing manifest of said vessel at the custom-house 1 mailed to the Auditor for the Treasury Department, Washington, D. C, a true copy of this manifest. , Master. Sworn before me this day of , 190... Collector (or Deputy Collector). Port of , District of In the case of vessels of the United States a further oath is taken that all mails placed on board the said vessel at or before her last clearance from a port in the United States to a foreign port have been in good faith delivered at such foreign port in accordance with the requirements of law; that the register of the vessel presented con- tains the names of all the persons who are owners thereof, and that no foreign subject or citizen has an}^ share in her. In addition the master must state, under oath, that he has delivered at the proper foreign port all mails placed on board his vessel before her last clearance from the United States, and must specify the date his vessel sailed from the port of departure. The statement so made must be noted at once on the record of the entry of the vessel at the custom-house, and a copy or abstract exhibiting the name of the vessel, the master, where he is from, and the date of actual sailing from the foreign port must be furnished by the collector to the appraisers on the day next succeed- ing that on which the vessel was entered. If the vessel has on board distilled spirits or wines, the master is also required, within forty- eight hours after his arrival, whether at the first port of arrival or not, to report in writing to the surveyor the Jforeign port or place from which he last sailed; the name, burden, denomination of the vessel; his own name; to what nation the vessel belongs; the quantity and kind of spirits and wines on board, and the number of packages con- taining the same, with their marks and numbers; and the quantity and FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS 87 kinds of spirits and vvines on board as sea stores, under penalty of a fine of $500 and the forfeiture of the merchandise so omitted. A list of sea stores must be presented with the manifest. Surplus sea stores can not be transferred to another vessel, except that after having been withdrawn from bond they may be transferred from a vessel of the United States no longer employed to a vessel of the United States of the same line in active service in the foreign trade. In such cases the transfer may be allowed, under the supervision of a customs officer. Surplus stores must be entered for immediate consumption, and not for warehouse, and are dutiable as imported merchandise. The deci- sion of the collector and naval officer (if any) is final in regard to the proper allowance for amount of sea stores, except as mentioned in the next paragraph. Sea stores and the legitimate equipment of vessels belonging to regular lines plying between foreign ports and the United States delayed in port for any cause may be transferred under the super- vision of the customs officers from one vessel to another vessel of the same owner without payment of duties, but duties must be paid on any of the stores or equipments landed for consumption, if not Ameri- can products. Before an entry is made of a vessel of the United States, the register, clearance, and other papers granted by the officers of the customs to the vessel at her last port of departure, must be produced to the collector, and the register must be retained by him until clear- ance is granted. The master of every foreign vessel is required, at the time of entry, to produce to the collector the register or other document in lieu thereof, together with the clearance and other papers granted by the officers of the customs to his vessel at the port of departure for the United States, and within forty-eight hours after entry to deposit the'same with the consul or vice-consul of the nation to which the ship belongs, and to deliver to the collector the certifi- cate of that officer that the papers have been so deposited. This regu- lation does not apply to vessels of foreign nations in whose ports consuls of the United States are not permitted to have the custody of the papers of vessels of the United States. The papers thus lodged with the consul must not be returned to the master of the vessel until the production by him to the consul of a clearance from the collector of the port where the vessel has been entered. Entry can not be made or bulk broken until all letters on board the vessel shall be delivered at the nearest post-office, under a penalty not exceeding $100. A vessel of war or vessels employed by an}" foreign government need not report or enter on arrival in the United States unless engaged in the transportation of merchandise in the way of trade. If a vessel, arriving from a foreign port within the limits of a col- lection district, departs or attempts to depart, unless to proceed to a more interior district to which she may be bound, before report or entry shall have been made, the master becomes liable to a penalty. Vessels may proceed with any merchandise brought by them into the United States which may appear in the manifest to be destined for any foreign port, on bond being given to the collector in a sum equal to the amount of the duties upon the merchandise, if the same be lia- ble to duty, conditioned that the merchandise shall not be landed within the United States unless entrv thereof shall be first made and the 6& FIBST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. duties thereon paid or secured. Permit to retain free goods on board may issue without bond. If a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination the master, together with the person next in command, within twenty- four hours after arrival, may make protest in the usual form, upon oath before a duly authorized person, setting forth the causes or circum- stances of such necessity. This protest, if not made before the col- lector, must be produced to him and the naval officer, and a copy thereof lodged >vith them. The master of such vessel must make report to the collector within fort3^-eight hours after arrival, and if it appears to the collector by the certificate of the port wardens, or if there are no such officers, by the certificate of two reputable merchants, to be named by the collector, that it is necessary to unlade the vessel, the collector and naval officer grants a permit and details an inspector to supervise the unlading. The merchandise so unladen must be stored under cus- tody of the collector. At the request of the master of the vessel, or of the owner, the collector and the naval officer grants permission to enter and pay the duties on and dispose of such part of the cargo as ma}^ be of a perishable nature, or as may be necessary to defray the expenses attending the vessel. And if the delivery of the cargo do not agree with the master's report, and the difference be not satisfac- torily explained, the master becomes subject to the penalties provided in the case of ordinary importations. The cargo or the residue thereof may be reladen on board the vessel, under the inspection of an officer, and the vessel may proceed with the same to her destination, subject only to the charge for storing and safe-keeping of the merchandise and the fees for entrance and clearance. If a vessel is prevented by ice from reaching hej port of destination, the collector of the district where such vessel arrives may receive the master's report and entry, and, with the consent of the naval officer, may grant permit for the delivery of the cargo at such place in his district as he may deem proper; but all regulations, restrictions, penalties, and provisions are as applicable to the case as if the unlad- mg and delivery took place at the port of destination. In case a vessel is prevented from reaching her destination by shallow water or other obstructions, or by reason of marine casualty, application should be made through the collector to the Secretary of the Treasury for per- mission to discharge the cargo at a convenient port, to be forwarded to its port of destination. On receipt of such permission the cargo may be forwarded, accompanied with manifests showing- the part of the cargo so conveyed by other means of transport, duly certified by the officer who superintended its transshipment. If- a vessel is wrecked in the waters of the United States, application may be made to the Secretary of the Treasury by the original owners or consignees of the cargo, or by the underwriters, in cases of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination in other conveyances, without entry at the custom-house in the district in which the merchandise was cast ashore or unladen. On receipt of such permission the merchandise may be so forwarded, with particular manifests thereof, duly certified by the customs officer in charge of the goods. No cargo can legally be unladen or trans- ferred to another vessel before the arrival of the vessel at her desti- nation. FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 89 CLEARANCES. In nearly all civilized countries having seaports, vessels are required under certain circumstances to clear before departing for a foreign port. In most cases clearance, or its equivalent, is granted if entry was required, and also if the vessel lades with cargo or passengers to be taken to a foreign port. In the United States the clearance is as follows: [See. 4201, Rev. Stats. Art. 135, Customs Regs., 1899. Cat. No. 481.] The United States of America. clearance of vessels to a foreign port. District of Portof These are to certify all whom it doth concern: That , master or comraander of the , burden tons, or thereabouts, mounted with guns, navigated with men, built, and bound for , having on board , hath here entered and cleared his said vessel accord- ing to law. Given under our hands and seals, at the custom-house of , this day of , one thousand nine hundred , and in the year of the Independence of the United States of America. , . Deputy Collector. Deputy Naval Officer. On clearance it must be shown by the discharging officer's return that all the cargo imported in the vessel has been discharged and accounted for, and the master must tile with the collector an outward manifest in the prescribed form under oath of all the cargo laden on board, which must agree with the manifests filed by the several ship- pers. The master and the owners, the shippers, or consignors of the cargo must deliver to the collector manifests in addition of the portions shipped by them, respectively, and verify the same on oath before the collector. The manifests must specify the kinds, quanti- ties, value, and destination of the merchandise. Supplementary mani- fests for statistical purposes may be filed under oath of owner or agent of vessel within four business days after the clearance of the vessel, but such filing will not afi'ect any fine incurred by failure to observe the law. A list under oath of the names, places of birth and resi- dence, and a description of the persons who compose the crew is filed by the master, and the collector delivers to him a certified copy of such list without erasure or interlineation. The master is required to exhibit the certified copy of the list of the crew to the first boarding officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein to the boarding officer, who compares the men with such list and reports to the collector. It is the duty of the collector at the port of arrival, where the same is diflferent from the port from which the vessel originally sailed, to transmit a copy of the list so reported to him to the collector of the port from which the vessel originally departed. No penalty is incurred on account of the master's not producing to the 90 FIEST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. first boarding officer any of the persons contained in the list who ma}^ have been discharged in a foreign country with the consent of the consul, vice-consul, commercial agent, or vice-commercial agent there residing, certified in writing under his hand and official seal, to be produced to the collector with the other persons composing the crew, nor on account of any such person dying or absconding or being forcibly impressed into other service, of which satisfactory proof is also to be exhibited to the collector. In the case of a vessel bound to a foreign port, or of an}^ vessel of the burden of 75 tons or upward bound from a port on the Atlantic to a port on the Pacific, or vice versa, the master, before a clearance can be granted, must obtain the certificate of a collector to a duplicate of the shipping articles. But this is not required of a vessel where the seamen are by agreement entitled to share in the profits of a voyage, or of the master of a coast- wise or lakegoing vessel that touches at foreign ports or is engaged in trade between the United States and British North America or the West Indies or Mexico. Masters of such vessels, although not required to enter into agreements with their seamen before a shipping commissioner unless they so desire, must, however, before clearance, obtain from the collector a certified copy of the shipping articles con- taining the names of the crew, to be written in a uniform hand with- out erasures or interlineations. Bills of health and a certified copy of the outward manifest when required by the master of a vessel bound on a foreign voyage are furnished by the collector. If a vessel has on board goods liable to inspection under the State laws, the master must produce, before a clearance is granted, if so pro- vided by such laws, the certificate of inspection and the receipts for the payment of legal fees. A vessel of the United States bound from a port in the United States to a foreign port, or vice versa, is required, before clearance, to receive on board all coin, bullion, United States notes, bonds, and other securi- ties which any official representative of the Government of the United States at home or abroad shall offer, and promptly deliver the same to the proper officer or consignee on arriv^al at the port of destina- tion, for which service a reasonable compensation is paid. The master makes oath that he will not receive nor convey any letters or other packets which have not been regularly posted and received from the post-office at the port of departure, except letters or letter packets relating to the cargo and addressed to the owner or consignee of the ves- sel, and letters or letter packets inclosed in United States stamped envel- opes of sufficient denomination to cover the postage. It is the duty of the collector or other officer to require from the master, as a condition of clearance, an oath or affirmation that he has not under his care or within his control, and will not receive or conve}", any letters or letter packets in violation of this provision. To insure enforcement of the neutrality laws collectors are required to detain any vessel manifestly built for warlike purposes and about to depart from the United States with a cargo consisting principally of arms and munitions of war, when the number of men shipped on board or other circumstances render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hositilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the FIRST CUSTOMS CONGRESS OF AMERICAN REPUBLICS. 91 decision of the President be had thereon, or until the owner or owners shall give bond and security in double the value of the vessel and cargo that she will not be so employed. Upon compliance with these re^iuirements respecting clearance the collector delivers the clearance to the master, and, as regards vessels of the United States, the vessel's register and other papers. Col- lectors are required to see that the provisions of section 11 of the act of June 26, 1884, are fully complied with as regards medicine chests and slop chests on vessels of the United States. These requirements are set forth more fully in the laws and regula- tions printed for the information and guidance of customs officers and others. The reason for them is indicated by their context and seems not to need further explanation in this paper. INDEX. Address: P^^e- Of Hon. Leslie M. Shaw, Secretary of the Treasury, at opening of congress. 21 Of Sefior Don N. Bolet Peraza, in reply to that of the Secretary of the Treasury 23 Of welcome, by Hon, Seth Low 20 Aldermen of New York, board of: Courtesy extended the congress by 8 Vote of thanks to, for use of the city hall 42 Argentine Republic : Representation of, in congress 7 Armstrong, Robert B., delegate of the United States 8 Amendment suggested by, to plan of Senor Arrangoiz for preparation of a common nomenclature 29 Member of committee on nomenclature 25 Member of committee on organization 24 Signs resolutions 14 Arrangoiz, Senor Don Javier, delegate of Mexico 7 Member of committee on nomenclature 25 Member of committee on organization 24 Member of special committee on Monroe Doctrine resolution 34 Member of committee on vessels 25 Plan of, concerning preparation of a common nomenclature 28 Report of, on nomenclature (Appendix H) 7^ Report of, on vessels (Appendix G ) 70 Signs resolutions 14 Aspiroz, Seilor Don Manuel, ambassador of Mexico to the United States: Mem- ber of committee to prepare work of congress 19 Baquerizo, Senor Don A., delegate of Ecuador 7 Member of committee on future conferences and permanent organization. 25 Member of committee on organization 24 Signs resolutions 14 Barnhart, Kenneth, delegate of the United States 8 Member of committee on merchandise 25 Member of committee on procedure 24 Second vice-president of congress 8, 24 Signs resolutions 14 Bolet-Peraza, Senor Don N., delegate of Honduras 7 Address of, on behalf of foreign delegates, in reply to address of the Secre- tary of the Treasury 23 Member of committee on future conferences and permanent organization. 25 Member of committee on merchandise 25 Member of committee on organization 24 Member of special committee on Monroe Doctrine resolution 34 Signs resolutions 14 Bolivia: Custom-houses of.— Report of Seilor Don J. E. Zalles (Appendix A) 44 Representation of, in congress 7 Calderon, Seilor Don Manuel Alvarez, delegate of Peru 8 Member of committee to prepare work of congress 19 Telegram of - 32 Calvo, Senor Don Joaquin B., minister of Costa Rica to the United States, member of connnittee to prepare work of congress 19 Cantor, Hon. Jacob A., president of the borough of Manhattan, courtesy extended to congress by 8 Chamberlain, E. T., delegate of the United States 8 Member of committee on vessels 27 Presents resolution of committee on vessels 33 Report of, on advantage and disadvantage of gross and net tonnage, respec- tively, as basis of shipping charges (Appendix J) 83 Secretary of congress 8, 24 Signs resolutions 14 183 184 INDEX. Page. Clerk of the city of New York, vote of thanks to, for courtesies extended the congress 42 Commerce, international: Resolution of the Second International Conference on means to facilitate. 17 Resolution concerning means to facilitate dispatch of vessels engaged in. . 11 Committee: On future conferences and permanent organization 25 On merchandise 25 Report of 28,40 On nomenclature 25 Report of 28, 39 Unanimously adopted 30 On organization 24 Report of 25 On procedure ^ 23 To prepare work for Customs Congress 19 On vessels 25 Report of 26, 31 Resolution of, unanimously adopted 27 Consular invoices, delegate from Peru advocates suppression of 41 Corea, Senor Don Luis F. , delegate of Nicaragua 7 Member of committee on future conferences and permanent organization. 25 Member of committee on organization 24 Member of committee on procedure 24 Signs resolutions 14 Couch, Joseph J. , delegate of the United States 8 Additional report of, on merchandise 40 Member of committee on merchandise 25 Report of, on customs procedure in New York 31 Report of, on ordinary procedure by customs officers in the treatment of merchandise arriving at the port of New York from foreign countries (Appendix I ) 78 Signs resolutions 14 Credentials of delegates, filing of 25 Cuba: Customs procedure in (Report of Mr, Pierra) 31 Report on entering, discharging, loading, and clearing of vessels by the delegate from (Appendix C ) 54 Report on the importation and exportation of merchandise by the delegate from ( Appendix B) 50 Representation of, in congress 7 Suggestion by Sefior Don Luis Alberto de Herrera that Habana be selected as meeting place of n^xt Customs Congress 36 Customs congress: Resolution concerning the time and method of convening next session of. 12 Resolution of the Second International Conference of American States call- ing for the assembling of ^ 15 Custom-house regulations, reform in. (Text of resolution.) 13 Custom-houses of Bolivia, report on, by Senor Don J. E. Zalles (Appendix A). 44 Customs procedure: In Cuba. (Report of Sefior Don Fidel G. Pierra) 31 In Guatemala. (Copy of procedure and rules filed by Sefior Don James E. Davis) 42 In New York. (Report of Mr. J. J. Couch) 31 Davis, Sefior Don James E. , delegate of Guatemala 8 Member of committee on organization 24 Member of special committee on Monroe doctrine resolution 34 Member of committee on vessels 25 Presents resolution to adjourn 42 Signs resolutions 14 Delegation : Of Guatemala, report of, on customs regulations of the Republic, relating to the entrance and clearance of ships 58 Of Mexico, report of, on merchandise (Appendix F) 65 Del Paso, Sefior Don P. M., delegate of Mexico 7 Member of committee on merchandise 25 Secretary of congress 24 INDEX. 185 Page. Department of state, appreciation of United States delegates for assistance rendered 9 Ecuador, representation of, in congress 7 El Salvador, representation of, in congress 7 Falcon, Seiior Don Alberto, delegate of Peru 8 Remarks of, regarding suppression of consular invoices 41 Signs resolutions 14 Fines: Resolution recommending remission of, at option of treasury department, when imposed on masters of vessels for defective customs 33 Remarks of Messrs. Toledo and Peraza 33 Fischer, Hon. Israel F. , delegate of the United States 8 Member of committee on future conferences and permanent organization. 25 Signs resolutions 14 Future congresses and permanent organization: Committee on 25 Report of 35 Washington selected as next meeting place of Customs Congress 36 Governments not represented in congress 8 Grace, Hon. William R. , delegate of the United States 8 Signs resolutions 14 Temporary chairman of congress 8 Guatemala : Customs procedure in, copy of, filed by Sefior Don James E. Davis 42 Customs regulations of, relating to the entrance and clearance of ships, and copy of documents used in their dispatch. Report submitted by delegation of Guatemala ( Appendix D) 58 Report of the director-general of customs of, to the Guatemalan delega- tion (Appendix E ) 62 Representation of, in congress 7 Hay, Hon. John, Secretary of State of the United States : " Appreciation of United States delegates expressed to, for selection 9 Letter of, transmitting report to President 5 Report of United States delegation addressed to 7 Vote of thanks to, for assistance rendered in the assembling of the con- gress 42 Herrera, Sefior Don Luis Alberto de, delegate of Uruguay 7 Member of committee on merchandise 25 Member of committee on nomenclature 25 Member of committee on organization 24 Moves that Habana, Cuba, be selected as meeting place of next Customs Congress 36 Signs resolutions 14 Vote of, in negative, on resolution concerning unloading of packages destined to another port and return of same 33 Honduras, representation of, in congress 7 International Bureau of American Republics: Appreciation of United States delegates for assistance rendered 9 Duties of, under resolution on publication of work on vessels, merchan- dise, and nomenclature in use in American Republics 12-35 Vote of thanks to, for preliminary work done in organizing the congress. . 42 L^ger, Mr. J. N., minister of Haiti to the United States, member of committee to prepare work of congress 19 Lincoln, William H., delegate of the United States 8 Member of committee on vessels ". 25 Signs resolutions 14 Lopez, Sefior Don Rafael S. , delegate of El Salvador 7 Introduces resolution on preparation of work giving data relating to ships, merchandise, and nomenclature of American Republics 30 Introduces resolution to refer Seiior Toledo's resolution on Monroe doc- trine to special committee 34 Member of committee on future conferences and permanent organization. 25 Member of committee on organization 24 Member of committee on procedure 24 Member of committee on vessels 25 Member of special committee on Monroe doctrine resolution 34 Signs resolutions l 14 186 INDEX. Low, Hon. Seth: Page. Address of welcome to Congress 20 Courtesy of 8 Mayor of New York, vote of thanks to 42 Mejia, Senor Don Federico, delegate of El Salvador 8 Amendment suggested by, to plan of Mr. Arrangoiz for preparation of a common nomenclature 29 Member of committee on nomenclature 25 Signs resolutions 14 Merchandise: Committee on 25 Eeportof 28,40 In transit, resolution governing same 12, 38 Vessels and nomenclature in use in American Republics, resolution for appointment of a commission by governing board to prepare and pub- lish a compilation on 12, 30 Metric system: Report of committee on nomenclature concerning the adoption of 30 Unanimous vote in favor of adoption of, throughout American Republics. 9 Mexico : Merchandise of, report of Mexican delegation on (Appendix F) 65 Report on vessels, by Sefior Don J. Arrangoiz (Appendix G) 70 Representation of, in congress 7 Monroe doctrine: Resolution presented by Senor Don R. A. de Toledo, delegate of the Ar- gentine Republic, regarding extension of 34 Special committee appointed to consider resolution on 34 Montgomery, W. P., representative of the International Bureau of the Ameri- can Republics at congress. 8 Assistant secretary of congress 24 Nicaragua, representation of, in congress 7 Nomenclature: Committee on 25 Approval of recommendations of, concerning the common adoption of metric system 14 Report of 28,39 11 nanimous adoption of 30 Correspondence from Secretary of Treasury suggesting the inclusion of additional words in next edition of 43 List of articles not found in present code of 44 Plan of Senor Don J. Arrangoiz, delegate of Mexico, concerning the adop- tion of a common 28 Amendments to, suggested by Mr. Armstrong and Sefiores Zalles and Mejia 29 Report on, by Senor Arrangoiz (Appendix H ) 74 Vessels and merchandise in use in American Republics: Resolution for appointment of a commission to prepare and publish a compilation on 12, 30 Officials of the congress 8, 24 Organization: Committee on, appointed 24 Report of 25 Permanent, committee on 25 Temporary 19 Peraza, Sefior Don N. Bolet, delegate of Honduras , 7 Remarks of, on resolution recommending imposition of fine on masters of vessels for defective customs documents 33 Peru, representation of, in congress 7 Pierra, Sefior Don Fidel G., delegate of Cuba 7 First vice-president of congress 8, 24 Member of committee on organization 24 Member of committee on vessels 25 Moves report of committee on reciprocity be laid on table 38 Presents resolution concernmg unloading of packages destined to another port and return of same without imposition of fines 33 Presents resolution of committee on vessels 32 Report of, on importation and exportation of merchandise of Cuba (Ap- pendix B) 50 INDEX. 187 Pierra, Senor Don Fidel G., delegate of Cuba — Continued. Page. Report of, on customs procedure in Cuba 31 Report of, on the entering, discharging, loading, and clearing of vessels of Cuba (Appendix C) 54 Signs resolutions 14 Preliminary work before meeting of Second Customs Congress, recommenda- tion for 9 President of United States: Appreciation of United States delegates expressed to, for selectioii 9 Message of, transmitting report to congress 5 Proceedings of congress, journal of 19 Pulido, Sefior Don Augusto F. , delegate of Venezuela 7 Member of committee on future conferences and permanent organization. 25 Member of committee on organization 24 Member of committee on procedure 24 Member of committee to prepare work of congress 19 Member of committee on vessels 14 Reciprocity resolutions, report of committee 37 Recommendations of congress, approval of, by respective Governments 9 Report: Of committee appointed to prepare work of Customs Congress 19 Of committee on organization 25 Of the director-general of customs of Guatemala to the delegation of Guatemala (Appendix E) , 62 On advantage and disadvantage of gross and net tonnage, respectively, as basis of charges on shipping, by Mr. E. T. Chamberlain (Appendix J). 83 On custom-houses of Bolivia, by Seiior Don J. E. Zalles (Appendix A) . . . 44 On customs regulations of Guatemala, by delegation of Guatemala (Appen- dix D). 58 On entering, discharging, loading, and clearing of vessels, by the delegate of Cuba (Appendix C) 54 On importation and exportation of merchandise by the delegate of Cuba (Appendix B) 50 On merchandise, by delegation of Mexico ( Appendix F) 65 On nomenclature, by Sefior Don J. Arrangoiz, delegate of Mexico (Appen- dix H) 74 On ordinary procedure by customs officers in the treatment of merchandise arriving at the port of New York from foreign countries (Appendix I) . 78 On vessels, by Seiior Don J. Arrangoiz, delegate of Mexico (Appendix G) . 70 On vessels, by Mr. T. B. Sanders, Deputy Commissioner of Navigation of the United States (Appendix K) 85 Resolutions approved by the congress, resume of 11 Results of congress 8 Sanchez, Seiior Don Jose J., director-general of customs of Guatemala, report of, to the delegation of Guatemala (Appendix E) 62 Sanders, T. B. , Deputy Commissioner of Navigation of the United States, report of, on vessels (Appendix K) 85 Schwab, Gustav H., delegate of the United States 8 Member of committee on vessels 25 Signs resolutions 14 Secretary of State of United States: Appreciation of United States delegates expressed to, for selection 9 Letter of, transmitting report to President 5 Report of United States delegation addressed to 7 Vote of thanks to, for assistance rendered in the assembling of the congress 42 Secretary of the Treasury of the United States: Address of, at opening of congress 21 Vote of thanks to, for inaugural address 42 Shipping charges: Employment of gross tonnage as basis of (text of resolution) 13 Of United States — advantage and disadvantage of gross and net tonnage as basis of. (Appendix J — Report of Mr. E. T. Chamberlain) 83 Spaulding, Hon. 0. L. , delegate of the United States 8 Member of committee on procedure 24 Permanent president of the congress 8, 24 Remarks of, on adjournment of congress 42 Signs resolutions 14 188 INDEX. Page. Stranahan, N. N., delegate of the United States 8 Member of committee on future conferences and permanent organization. 25 Member of special committee on Monroe doctrine resolution 34 Signs resolutions 14 Straus, Senor Don A. D., delegate of Nicaragua 8 Member of committee on merchandise 25 Nicaraguan Government informs congress of the appointment of, as delegate , 37 Signs resolutions 14 Toledo, Senor Dr. Don Ramon Alvarez de, delegate of the Argentine Republic. 7 Member of committee on vessels, merchandise, nomenclature, future con- ferences, and permanent organization 26 Member of special committee on Monroe doctrine resolution 34 Presents resolution on extension of Monroe doctrine 34 Remarks of, on resolution regarding condonation of fines imposed for defective customs documents 33 Resigns from congress and requests withdrawal of reciprocity resolution and the expungment of same from records of the congress 37 Ulloa, Sefior Don Juan F. , delegate of Guatemala 8 Signs resolutions 14 United States, representation of, in congress 8 United States delegation, report of, to Secretary of State 7 Uruguay, representation of, in congress 7 Venezuela, representation of, in congress 7 Vessels: Committee on 25 Report of 26,39 Resolution of, unanimously adopted 27 Loading and unloading of, during the night (text of resolution) 12 Loading and unloading of, on holidays and Sundays (text of resolution) . 13 Merchandise and nomenclature in use in American Republics. Resolu- tion for appointment of a commission by governing board to prepare and publish a compilation on 12 Report on, by Mr, T. B. Sander, Deputy Commissioner of Navigation of the United States (Appendix K) 85 Report on, by Senor Don J. Arrangoiz, delegate of Mexico (Appendix G) . 70 Resolution concerning visits of sanitary officers to 11 Resolution concerning visit of sanitary officers to, presented by Sefior Fidel G. Pierra 32 Resolution concerning unloading of packages destined to another port without imposition of fine 11, 33 Resolution for condonation of fines imposed on masters of 11 Resolution on means to facilitate prompt dispatch of 12 Simultaneous loading and unloading of (text of resolution) 13 Washington selected for next meeting of Customs Congress 36 Whitehead, George W. , delegate of the United States 8 Member of committee on nomenclature 25 Signs resolutions 14 Yela, Sefior Don Julio J. , delegate of Guatemala 7 Member of committee on nomenclature 25 Signs resolutions 14 Zalles, Sefior Don Gerardo, delegate of Bolivia 8 Amendment suggested by, to Mr. Arrangoiz' s plan for preparation of a common nomenclature 29 Signs resolutions 14 Zalles, Senor Don Jorge E. , delegate of Bolivia 7 Member of committee on merchandise 25 Member of committee on nomenclature 25 Member of committee on organization 24 Member of committee on Monroe doctrine resolution 34 Presents paper describing customs procedure in Bolivia 34 Report of, on custom-houses of Bolivia (Appendix A ) 44 Submits resolution governing merchandise in transit 38 Signs resolutions 14