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[Inclosure 4 in No. 6.]
U. S. CONSULAR AGENCY,
Azua, December 23, 1893. Be it known that on the 23d day of December, 1893, the following declaration was made and sworn to by Charles Smith, seaman, belong. ing to the American schooner Henry Crosby, of Bangor, Me., the said Charles Smith being confined to his bed on account of a wound received in the line of his duty as seaman on board the said vessel; said Charles Smith makes declaration that he is a native of Sweden, but has sailed in American vessels for upward of three years past.
He further declares that he sailed from New York in the abovementioned vessel in the capacity of able seaman on the 24th day of November last; that nothing of importance occurred until the 10th day of December, the ship tben lying at anchor off the coast of San Domingo. Shortly before noon of the above date the deponent was ordered to go into the boat and accordingly pulled toward the shore with Seaman Johnson pulling and the chief officer, Mr. Brooks, steering. When within hailing distance of the shore, the mate turned the boat's bow toward the vessel and then the mate ordered us to stop rowing. The mate then asked some men on shore speaking in English “if this was the port of Azua.” Whatever answer was given was not understood by me.
During this conversation I noticed a number of men issuing from the bush armed with rifles and big knives and called the mate's attention to it; the mate then gave the order to give away on the oars. Almost at the same moment the men on shore commenced firing, the balls dropping in and around boat in great quantity. Very soon afterwards I saw the mate fall from his seat face forward to the bottom of the boat. Johnson having dropped his oar and hid in the bottom of the boat I seized the two oars and endeavored to pull on board; but very soon receiving a bullet in the front of the thigh which passed through and left. my body at the posterior, and getting faint from pain and loss of blood, I too abandoned the oars and later was hoisted on board and my injuries temporarily dressed by the captain.
Charles Smith further maketh declaration, that the ship held no communication with the shore of San Domingo than as above stated, and that during the time of the firing on the boat the flag of the vessel was plainly discernible.
To all of which the said Charles Smith declares on oath that the statement is true.
This declaration made and sworn to before me on the 23d day of December, 1893.
U. S. CONSULAR AGENCY,
Azua, December 26, 1893.
(Inclosure 5 in No. 6.1
U. S. CONSULAR AGENCY,
Azua, December 22, 1893. Be it known that on the 22d day of December, 1893, personally appeared before me, John Hardy, consular agent of the United States of America at the port of Azua, A. F. Stubbs, master of American schooner Henry Crosby, who makes the following declaration and answer under oath:
That the said A. F. Stubbs is a citizen of the United States, with residence in Brooklyn, N. Y.; that as master of schooner Henry Crosby he sailed from the port of New York, bound for the port of Azua, and that nothing of importance occurred until the morning of the 9th day of December, when the vessel was off Salina Point; acting under the best information he could obtain before leaving New York, and also consulting the chart used by him on board, he was led to believe that Azua was about 15 miles distance in a northwest direction; with the sea breeze a corresponding course was steered until he supposed himself opposite the inland town of Azua, when the anchor was dropped at 1:30 p. m. in 6 fathoms of water and the colors kept flying in expectation of a visit from custom-house authorities, the tend of the shore showing an indentation of a small port; that the colors were kept flying during daylight of the 9th and hoisted at sunrise Sunday, the 10th; that at 11:30 a. m. of the 10th, no communication having been received from the shore, and observing two or three men on the beach, he ordered William H. Brooks, first mate of the vessel, to take the small boat, with two seamen, and approach near enough and hail it if it was the port of Azua or not, but on no account to land.
Watching the mate he saw him get near to the beach and turn the bow of his boat seaward after apparently exchanging speech with the men on shore; the men in the boat commenced to pull toward the ship; that during the time of the mate's speaking with the men on shore he was surprised to see a great number of armed men issue from the woods, probably thirty or forty, and the moment the boat commenced to move toward the ship they opened fire on the boat, the result being the mate, William H. Brooks, having been struck on the hip by a ball which had probably passed through the woodwork of the boat, and thus lost a great part of its force, fell from his seat. His injury proved to be a large contusion. The man pulling the after oar hid himself in the bottom of the boat, and Charles Smith, seaman, the bow oar, was shot so severely that he fell from his seat. The crew of the boat being apparently totally disabled, the troops on shore opened fire on the ship, the rifle balls passing through the rigging and some few landing on deck, so that it became necessary
to order the rest of the crew below for safety. The said A. F. Stubbs further declares that during his voyage he beld no communication with the shore and was engaged in peaceful and lawful occupation, to all which he affirms under oath the day and date above mentioned.
A. F. STUBBS, Master of American schooner Henry Crosby. This declaration was made and sworn to before me the 22d day of December, 1893,
JOHN HARDY, 'Ų. S. Consular Agent,
As the clause concerning the anchorage of the schooner Henry Crosby is deemed not sufficiently clear, it is acknowledged that through bad information and unacquaintance the vessel was anchored in a part of the coast not recognized as a port of entry, and uninbabitable.
A. F. STUBBS. I certify to the above signature.
U. S. CONSULAR AGENCY,
Azua, December 26, 1893. I, John Hardy, consular agent of the United States of America at Azua, certify that this is a true copy of the original on the record books of this agency.
Given under my hand and seal the day, month, and year above written.
EXEMPTION FROM TONNAGE DUES.
• Mr. Gresham to Mr. Smythe.
DEPARTMENT OF STATE,
Washington, January 13, 1894. SIR: I inclose herewith a copy of letter, dated the 10th instant, from Messrs. Smith, Gregory & Winters, of New York, in which they inquire whether a vessel, which is exempted by concession from tonnage dues at one port of San Domingo, is subject to them at a second port, to which it goes to load a return cargo.
You are instructed to make inquiry on this subject, and report the facts ascertained to the Department. I am, sir, etc.,
W. Q. GRESHAM,
[Inclosure in No. 8.)
Messrs. Smith, Gregory & Winters to Mr. Gresham.
DEAR SIR: We have the American schooner Lavinia M, Snoro chartered to merchants of New York to load a cargo from Brunswick to Samana Bay, San Domingo, at $5.25 per 1,000 feet of lumber (charterers paying the vessel's foreign port charges). Please note this clause particularly.
This same vessel we have chartered to another merchant here to bring back from Macoris, San Domingo, a cargo of bag sugar to the United States.
We have lately been informed by other parties that the shippers of the outward cargo have received a concession from the San Domingo Government exempting from tonnage dues (which are extreme, being about $1.65 per registered ton) any vessel bringing the shippers' cargo to San Domingo; but we are also informed if the vessel moves to any other San Domingo port to load a home cargo the Government will impose all of the duties at the second port from which the vessel was exempted at the first port.
We wish to ask you if this information is correct. It seems to us it must be erroneous, as it would be most unjust to impose inward charges at a second port which was released at the first port.
For your information, we beg to say that the vessels employed in this business are all small, moderate-sized vessels.
The ports are small ports, where they seldom, if ever, ship sufficient cargo to fill a vessel, and all charters are made giving the shippers the privilege of ordering the vessel to two or more ports to complete a cargo; the port charges, i. e., tonnage dues, etc., are paid by charterers at the first port. After that the vessel can move to any other port in San Domingo and not have to pay them a second time. This is where no concession has been made.
Kindly enlighten us to the best you can on this subject, and greatly oblige, Yours, truly,
SMITH, GREGORY & WINTERS.
Mr. Smythe to Mr. Gresham.
LEGATION OF THE UNITED STATES,
Port au Prince, April 14, 1894. (Received April 25.) SIR: In compliance with the instructions contained in your dispatch No. 8, Santo Domingo series, dated January 13, last, I beg to transmit herewith inclosed copy of a letter received from Juan A. Read, esq., U.S. vice-consul, acting, in reply to my letter to him requesting that an inquiry be made in the matter of the schooner Lavinia M. Snow and report the result of such inquiry to this office. I have, etc.,
HENRY M. SMYTHE.
[Inclosure in No. 9.]
U. S. CONSULATE,
San Domingo, April 2, 1894. SIR: I have to inform you that I have received your dispatch dated January 27, 1894, numbered 14, inclosing copy of letter from Messrs. Smith, Gregory & Winters to the Department of State, directing me "to make inquiry and report the facts whether or not a vessel which is exempted by concession from the payment of tonnage dues at one port of San Domingo 18 subject to them at a second port to which it goes to load a return cargo."
In obedience to said instructions, I have to report as follows:
The law of San Domingo requires the payment of port charges by a vessel bringing cargo to or taking it from its ports. These port charges are imposed only once during the same voyage without regard to the number of ports at which the vessel may enter, and payment must be made at the first port of entry.
When a concession from the Government is relied upon to exempt a vessel from the operation of this law, reference must be had to the language of the concession itself to determine to what extent the operation of the law is suspended in the particular case.
In the matter of the Lavinia M. Snow, which is the especial subject of my investigation and report, it appears that this vessel was chartered by New York merchants to load a cargo of lumber for Samana Bay, and that said charterers were to pay foreign port charges. The vessel was chartered for the return voyage to another merchant to load a cargo of sugar in Macoris, both ports being within the territory of the Dominican Republic.
Messrs. Gregory, Smith & Winters state that the first charterers were by concession (from the Dominican Government) exempted from the payment of port charges, but do not claim this exemption, and it is taken for granted that it did not exist on behalf of the second charterer,
An inspection of the provisions of said concession relating to the subject matter of this report (copy of which is inclosed for your information) shows that there is exempted from taxation certain property materials, capital, etc., and from port charges vessels which transport solely materials necessary to the construction and repair of the concessionaires' railroad; but it is especially declared that the exemption does not apply in the case of export duties on products of the soil, nor in the case of vessels in which said products are exported.
The Lavinia M. Snou, deriving her claim to exemption from port charges from the aforesaid concession, can have no claim to greater exemption than is therein granted. When, therefore, her employment in transporting “ solely materials necessary to the construction and repair of the concessionaires’ railroad " ceased, her right to exemption from port charges ceased, and in taking other cargo, more especially of a product of the soil and on behalf of a new charterer for a return voyage, she became subject to the payment of port charges in accordance with the general law, in whatever port she now first took cargo or made entry.
I note that Messrs. Gregory, Smith & Winters state the port charges as $1.65 per ton. Since June, 1892, port charges have been $2.65 per ton, a fact which I respectfully suggest be communicated to the shipping community in case of more extended misapprehension as to present charge. I have, etc.,
JUAN A. READ,
Copy article 7 of the concession of the railroad from Samana Bay to La Veza. Art. 7. The railroad and all its accessories in movable and immovable property, as well as its capital and the rent produced, shall enjoy exemption from all kinds of imposts and fiscal and municipal contributions during fifteen years only, and also the vessels in which are imported only the materials necessary for the construction and reparation of the railroad shall be exempted from the port charges and the said materials from custom duties.
This franchise shall not be enjoyed by the products of the soil in regard to export duties nor by the vessels in which the export is made.
Concession May 5, 1893.