No. 102.] No. 4. Mr. Farrell to Mr. F. W. Seward. UNITED STATES CONSULATE, SIR: I have the honor to inclose a copy of a letter that I have addressed to the honorable Secretary of the Treasury, relating to certain wines which have been shipped on board the brig Jobu Freeman, of Boston, without invoices. No invoices representing the same have been presented to this consulate. The principal shippers, Lacave & Echecopar, cause the Government and me more trouble than all the other exporters in this extensive district. Their wines were seized two years ago at Boston and New York. Subsequently to the said seizure, they procured the services of a clerk in the house of Daniel McPherson, who represented himself to be the owner of certain wines shipped for San Francisco. Shortly afterward they enlisted a Bordeaux firm to connive at their frauds, but the consul there declined to certify the invoices representing sherry-wine, and referred them to me. I declined to certify them unless the bona-fide shipper appeared before me. Inclosed is a copy of my answer to the said firm at Bordeaux. I would not have known of these shipments, namely, by the John Freeman, of Boston, were it not that I called on the captain to exhibit his manifest, a course I intend to pursue in future. If the shippers of these wines are not punished for their gross violation of the laws of the United States and the regulations of the Department, the necessity of invoicing in this district, in my opinion, has ceased to exist. I am amenable to the said laws and regulations for any infraction I may commit against them; foreign merchants, I trust, shall be held amenable also. I therefore respectfully and earnestly request that the said shippers be immediately and rigorously fined, or the goods confiscated. I am, &c., R. F. FARRELL. [Inclosure.] UNITED STATES CONSULATE, SIR: Your letter of the 25th instant has been received, and the contents, including inclosures, carefully perused. I decline to certify the invoices you have sent here, for the following reasons: First. The bona-fide shipper, who, I presume, resides in this consular district, must present them in person, with a sample of the wine about to be exported. Second. The invoice must set forth the true value, all the expenses incurred in preparation, shipping-commission, &c. If the price be satisfactory, I shall sign it; if not, I shall decline doing so. I return the invoices, and beg to inform you that there are printed forms at the consulate, which shippers will find more convenient than written ones. I am, sir, your obedient servant, MONSIEUR LE FILS D'À LEON AÎNÉ, Bordeaux. R. F. FARRELL, United States Consul. [Inclosure.] UNITED STATES CONSULATE, SIR: The brig John Freeman, of Boston, cleared from this port on the 17th instant for New York, with, in or about, one hundred and eighty-one (181) tuns of wine, more or less, the property of wine-merchants of this city. The said wine was produced and manufactured in this consular district, but only forty-seven and seven-eighths (473) tuns have been invoiced. No invoices representing the remainder, to wit, one hundred and thirty-three and one-eighth (133) tuns, have been presented at this consulate. The same shippers' wines were seized in 1866 for false values. The principal is the notorious house of Lacave & Echecopar. This firm has been prosecuted at Boston and New York for fraud, but, on account of the disagreement of the jury, their wines were not seized, although the presiding judge charged against them, and the majority of the jury were in favor of the Government, so I have been credibly informed. They seemingly imagine to be able to do whatever they please in the matter of invoicing their wines for the United States, and have a profound contempt for our revenue-laws and consular certificates. The act of March 3, 1863, calls for the invoices of goods about to be exported to the United States, "at or before the time of shipment." No invoices representing the annexed list of wines have been presented at this consulate; and if any are presented at New York representing the same, they should be considered as false and fraudulent. I respectfully, but earnestly, call your attention to this premeditated and willful violation of the laws of the United States, and request, in order that foreign merchants may know that our revenue-regulations are not to be violated with impunity, that the goods be confiscated or heavily fined. An example of this kind is much needed to uphold our laws and support consular officers in the discharge of their responsible duties. I am, sir, your obedient servant, Hon. HUGH MCCULLOCH, Secretary Treasury, Washington. R. F. FARRELL, [Inclosure.] Statement showing the quantity of sherry-wines, and names of shippers, shipped on board of the brig John Freeman, of Boston, without invoices. No. 103.] Mr. Farrell to Mr. F. W. Seward. UNITED STATES CONSULATE, SIR: I have the honor to inform you that Messrs. Lacave & Echecopar, of this city, have shipped on board of the bark Shawmut, of Boston, and bound to Boston, the following wines, to wit, one hundred (100) quarter-casks of crown sherry-wine and two hundred (200) octaves of Crown sherry-wine, without invoicing the same. I beg also to inform you that no invoice or invoices representing the said quarter-casks and octaves of sherry-wine have been presented at this consulate before or since the departure of the aforesaid bark Shawmut for Boston. I therefore respectfully and earnestly request that the said shippers be immediately and rigorously fined, or the aforesaid goods confiscated. I have been informed that several shippers have had their wines admitted to entry at New York and Boston, who have not received any invoices representing the same, nor have they made any application for invoices. If the collectors and appraisers admit goods without invoices, I beg to suggest that the system of invoicing be abolished, or that the said practice be prohibited. The laws of the United States and the instructions of the Department demand invoices, and goods should not be admitted to entry unless the consular invoice be presented. Respectfully, &c., No. 6. R. F. FARRELL. Mr. Seward to Mr. McCulloch. DEPARTMENT OF STATE, Washington, September 16, 1868. SIR: I have the honor to transmit herewith, for your information and such action as you may consider proper to take in the premises, a copy of dispatch No. 103, dated August 28th ultimo, from our consul at Cadiz, giving information of the shipment of certain wines by Messrs. Lacave & Echecopar, of that place, without the required consular certificate to their invoices, in view of which fact the consul requests that the parties referred to be rigorously fined for their apparent evasion of the law. SIR: I have the honor to inclose herewith two invoices and an affidavit certified by the English consul at Cadiz, relative to the refusal of the United States consul at that port to certify said invoices. You are respectfully desired to request from the consul a statement of his reasons for such refusal, and to communicate the result to this Department. I am, &c., [Inclosures.] H. MCCULLOCH. CONSULADO BRITANICO. We, the undersigned, Cesar Lovental, of the firm of C. Lovental & Co., Alexander T. Christophersen, merchants of this city, and J. Bensusan, jr., merchant, doing business at New York, declare that on this 14th day of November we accompanied Mr. J. Ben susan, merchant in this city, to the consulate of the United States, where said Mr. Bensusan applied for the consular certificate to the annexed two invoices of wines shipped by him for New York, per Russian bark and American schooner Loyal Scranton, on the 27th September and 12th October, 1856, and we declare as witnesses that the United States consul, in our presence, refused his consular certificate to both invoices, assigning no reason for so doing. A. T. CHRISTOPHERSEN. BRITISH CONSULATE, CADIZ, November 16, 1868. This is to certify that the annexed declaration was signed in my presence by Mr. J. Bensusan, merchant here; by Mr. Cesar Lovental, acting consul of Prussia at Cadiz; and by Mr. A. T. Christophersen, consul of Sweden and of Denmark; and that they declared its truth and exactness. And this is also to certify that these gentlemen are persons of respectability and position, whose declaration is to be believed, both in and out of judicature. Witness my hand and seal of office. Invoice of wines shipped by the undersigned for New York per Russian bark B. sherry or 35 quarter-casks common sherry-wine, at $16, f. o. b...... 161 octave-casks common sherry-wine, at $8.50, f. o. b... J. F. Nord Custom-house dispatch... CHARGES. $560 00 1,385 50 1,945 50 $2.00 4.50 1,950 00 The above amount of one thousand nine hundred and fifty dollars comprises fully the cost of the wine, the casks, and expense of preparation, as also shipping-charges. Each quarter-cask contains from 38 to 40 gallons. E.&O.E. J. BENSUSAN. CADIZ, September 27, 1866. Invoice of wines shipped by the undersigned for New York, per schooner Loyal Scranton, N. N. Lowden, master, being for account and risk of whom it may concern. J. B. sherry, 183 quarter-casks common sherry-wine, at $16, f. o. b........ $2,928 00 Custom-house dispatch.. CHARGES. $2.00 4.50 2,932 50 The above amount of two thousand nine hundred and thirty-two dollars and fifty cents comprises the cost of the wine, the casks, and all expense of preparation, and also shipping-charges. The capacity of the quarter-casks is from 38 to 40 gallons. J. BENSUSAN. E. & O. E. CADIZ, October 12, 1866. No. S. Mr. F. W. Seward to Mr. Farrell. DEPARTMENT OF STATE, SIR: I transmit herewith, for such explanation as the case requires, a copy of a communication from the Secretary of the Treasury, covering copies of the invoices and an affidavit certified by the English consul at Cadiz, relative to your refusal to certify said invoices. You will please give a statement of your reasons for such refusal at your earliest convenience. I am, &c., No. 9. F. W. SEWARD, Assistant Secretary. Mr. Seward to Mr. McCulloch. DEPARTMENT OF STATE, Washington, January 23, 1869. SIR: I have the honor to acknowledge the receipt of your note of the 9th instant, relating to the refusal of the United States consul at Cadiz to certify an invoice of wine shipped by Mr. J. Bensusan, jr., as is alleged, without assigning any reason for such refusal. The attention of the consul has been called to the matter, and he has been informed that this Department is unable to see how conduct such as is ascribed to him is to be justified, and that it awaits his explanations. I am, &c., No. 10. WILLIAM H. SEWARD. No. 88.] Mr. F. W. Seward to Mr. Farrell. DEPARTMENT OF STATE, Washington, January 30, 1869. SIR: The Secretary of the Treasury, as he informs this Department, on the 22d instant directed the collector of the port of New York to admit to entry, by an invoice not authenticated by you, forty-seven quarter-casks of crown sherry, shipped at Cadiz, by J. Bensusan, upon the bark Van Heyden Carlton, waiving the usual bond to produce a certified invoice. This order was founded upon evidence satisfactory to the Secretary of the Treasury that you had refused to verify the invoice in question without assigning any reason for such refusal, although you certified invoices to shipments by other parties by the same vessel of wine of the same grade, marked at the same cost. The Secretary further states that the Treasury Department has been frequently embarrassed by your refusal to certify to certain invoices, particularly in cases like |