the present, where, it is alleged, you certified other invoices of the same grade of wine, at the same prices, and by the same vessel. The Department is unable to conjecture how conduct such as is ascribed to you is to be justified, and awaits your explanations. I am, &c. No. 11. F. W. SEWARD, Assistant Secretary. No. 118.] Mr. Farrell to Mr. F. W. Seward. UNITED STATES CONSULATE, Cadiz, February 4, 1869. (Received February 26.) SIR: I have the honor to acknowledge the receipt of your dispatch, dated January 14, 1869, No. 86, inclosing a communication from the honorable Secretary of the Treasury Department, covering copies of two invoices and affidavit certified by the English consul at Cadiz. I beg to inform you that I refused to certify the said invoices for the following reasons: 1st. The wines were shipped in this port in the months of September and October, 1869, on board of the bark Suomi and schooner Loyal Seranton, without invoices. 2d. At the time invoices and samples were presented, I declined to certify the former, because no sherry-wine was or is sold or bought in this country at the price or prices set out in the said invoices; because, a short time previous, the shipper, Joseph Bensusan, informed me that the price he invoiced his wine at was not the true price, but that he did so to evade paying a high duty, to wit, 50 cents per gallon; because he offered me a bribe to certify his wine-invoices, in the shape of a partnership in his business of ship-chandler and wine-merchant, which I declined, on three or four occasions, and in proof of which I inclose an affidavit from a third party, to whom he admitted making such a proposition to me; and because he informed me that he increased the size of his wine-casks to defraud ship-owners of their freight, or, to quote his language, "to make a little on the freight," (see my dispatch No. 4. dated November 27, 1866;) because his reputation for truth and veracity is bad; because I could not and would not certify, as the consular certificate requires, "that he is a credible person," where truth is an essential of an invoice; because he has, through his agent at New York and Boston, so the public journals of the United States have stated, admitted to the collector of customs of the aforesaid cities that there was a reasonable cause of seizure of said wines shipped on board of the aforesaid vessels Suomi and Loyal Scranton; and because Circular No. 59, April 20, 1866, Department of State, expressly holds consular officers "responsible for any want of truth or correctness in invoices certified by them; " and because the said invoices did not contain the true value of the wines exported, as admitted by the aforesaid shipper, Joseph Bensusan. I beg further to inform you that I am ready to make oath to the above, or to any part of the same. All of which is respectfully submitted. I am, &c., R. F. FARRELL, United States Consul. [Inciosure.] CADIZ, SPAIN, July 2, 1867. I, Charles C. Lamotte, professor of languages, of the city of Cadiz, Spain, do solemnly and truly swear that on Sunday, the 1st day of July, 1866, Mr. Joseph Bensusan, merchant, of this city, stated to this deponent, in my house, and in which is the consulate of the United States of America, that he was, on the first day of July aforesaid, after making a proposition to the United States consul for this port, R. F. Farrel! esq., to wit, that he, the aforesaid Bensusan, offered the aforesaid consul a partnership! in his business as ship-chandler and wine-merchant, and that he, the aforesaid consul, refused to accept of it. He, the aforesaid Bensusan, did then and there say that he. the aforesaid consul, would regret not having accepted the same. And this deponent further swears that the aforesaid Rensusan called on the said consul on divers and sundry occasions after business-hours, and, when he, the said consul, declined to see him, insisted on seeing him. And this deponent further swears that he informed the said consul after the departure of said Bensusan what he stated to him, as set forth above. CARLOS CHAS DE LAMOTIE. Sworn and subscribed before me the day and year above written. [SEAL.] R. F. FARRELL, [Inclosure.] Los abajos firmados, vecinos da esta ciudad, certificamos que D. Carlos Chas de Lamotte es profesor de idiomas en esta ciudad, siendo persona de acrivolada conduta y honradez. A demas su firma es verdadera y como tal de entera fé y crédito. Cadiz, February 19, 1869. (Received March 12. SIR: I have the honor to acknowledge the receipt of your dispatc No. 88, dated January 30, 1869, referring to a letter received by the Department of State from the honorable Secretary of the Treasury, which refers to a certain invoice of forty-seven quarter-casks of Crown sherry, shipped at Cadiz, by J. Bensusan, upon the bark Von Heyden Carlton. I beg to inform you that the statement is false that I assigned ne reason for withholding my seal and signature from the said invoice. Mr Bensusan presented a sample of the wine with the invoice. I examined both attentively, and found the wine superior to the price set out in the invoice. I have the said sample in my possession. I declined to certify the invoice for the following reasons: 1st. The sample produced was worth more than the price set cut la the invoice. 2d. Nosherry, crowned or uncrowned, can be purchased in the district for such a price as set forth in the said invoice. I have repeatedly informed the Treasury Department of this fact; and if it chooses to admit wine. without invoices, it is not my business; but I shall sign no invoices which are not, in my opinion, correct and true, and such as I am willing to be held responsible for; and the said invoice of J. Bensusan was not true. I deny that I certified any invoice or "invoices to shipments by other parties, by the same vessel, of wine of the same grade marked at the same cost." If any such have been presented, they are forgeries. No invoice has been signed by me since July, 1866, representing sherry, crowned or uncrowned, at such a price as 48 cents per gallon, and none shall be while the Department holds me responsible for any want of truth or correctness in invoices certified by me. I know, I think, as much, if not more, about sherry as Mr. Bensusan, have visited as many wine-cellars, and am acquainted with the marketvalue of all classes of wine, from the common white wine of Chiclana and Moguer to the choicest Amontillado. I deny that any invoice of wine, sherry, crowned or uncrowned, shipped on board of the aforesaid vessel, is invoiced as low in price as that of J. Bensusan. Common white wine has been shipped at a low price, but it is not sherry, nor has it been set forth in the invoices as sherry. It can be bought cheap, but sherry, crowned or uncrowned, cannot be purchased for the price set forth in the invoice presented along with a sample of the wine by Mr. Bensusan, who designated his wine as "crown sherry." I exceedingly regret that in executing the instructions of the Department of State I have embarrassed the Treasury Department. I assure you it has greatly embarrassed me to write long dispatches, every time a merchant ships a cargo of wine, falsely invoiced, to the United States, because my clerk-hire is not provided by law. I have refused to certify very few invoices during the past year, and I am not aware of embarrassing the Treasury Department; but, if declining to authenticate what I believe to be untrue be deemed embarrassing, I beg to inform you that I shall not sign any invoice for any man, or class of men, unless instructed to do so by the Department of State, which fact I shall incorporate in the body of the invoice. It has caused me a great deal of labor, trouble, and annoyance to decline certifying invoices. I am sure it would be much more pleasant to the merchants and to me to sign all that they present; but would that system meet the approval of the Department of State, and be in harmony with Circular No. 59, Washington, April 20, 1866. If the Department is dissatisfied with my action, I beg respectfully to suggest that orders be sent to me to sign all invoices that may be presented, no matter what may be the value set forth in them. I shall most cheerfully carry out the commands of the Department; but while the present laws and regulations are in force I shall obey them to the best of my ability, no matter what merchant may be pleased or displeased. I am in my fourth year in charge of this consulate. I have faithfully and conscientiously, and, I am sure, satisfactorily to the Department of State, discharged its complex duties. The only trouble is the twenty (20) cents duty on wine, which a few unprincipled shippers have endeavored to cover their shipments of wine of superior quality, but they cannot deceive or intimidate me from doing what I believe to be my duty. If I have exceeded or neglected it, the Department of State, I know, is competent to correct my nonfeasance. I beg to call your attention to my dispatch No. 118, dated February 4, 1869. Respectfully submitted, as my explanation to your dispatch of the 30th of January, 1869, No. 88. SIR: I have the honor to transmit herewith a copy of dispatch No. 120, dated the 19th ultimo, from the United States consul at Cadiz, which is in reply to a communication addressed by the Treasury to this Department on the 22d of January last, relative to a certain invoice of crown sherry shipped at Cadiz by S. Bensusan, on the bark Von Heyden Carlton. SIR Respectfully referring to the letter of your predecessor of the 13th ultimo, forwarding to this Department a copy of dispatch No. 120 from the United States consul at Cadiz, dated the 19th of February last. relative to a certain invoice of crown sherry shipped at Cadiz by J. Bensusan, per bark Von Heyden Carlton, I have the honor to state that the copy of said dispatch was referred to the collector at New York. who submitted a report from the appraiser at that port on the subject. dated the 5th instant, a copy of which report is herewith inclosed for your information and such further action in the premises as you may deem proper. I am, &c., [Inclosure.] J. F. HARTLEY, OFFICE OF THE APPRAISER, PORT OF NEW YORK, SIR: I have read the inclosed dispatch to the Department of State, from the Unites Stites consul at Cadiz, in relation to his refusal to certify invoices of wine intendes to be entered at this port, on which the Treasury Department, under date of 234 in stant, asks my views, but have only to state that the particular invoice referred to per the steamer Von Heyden Carlton, and which has given rise to this correspondence, was examined with especial care, and submitted to the judgment of our best experts, without finding any reason for disturbing the invoice and entered valuation, so persistently stated by the consul to be false. There is little doubt, if the price had been advanced and an appeal taken by the importer, such advance would have been set aside on re-appraisal. It is to be regretted that when the consul refused his certificate, he did not furnish for our consideration and action) the evidence of undervaluation, nor even in his late dispatch does he deal otherwise than in generalities, leaving the amount of undervaluation to be conjectured. To the denials of the consul I have only to remark that this office has made no statements which require to be so emphatically disputed. The particular lot of wine in question is still under bond in warehouse, and the invoice is in my possession; but as the importer is anxious to withdraw his property, I shall feel bound to permit it without further delay, so far as this office is concerned, unless instructed to the contrary. The papers are herewith returned. Very respectfully, your obedient servant, MOSES H. GRINNELL, Esq., Collector. THOMAS MCELRATH, Appraiser. No. 15. Mr. Boutwell to Mr. Fish. TREASURY DEPARTMENT, June 2, 1869. SIR: I have the honor to transmit herewith a copy of letter received at this Department from R. F. Farrell, esq., United States consul, dated Cadiz, April 12, 1869, in relation to two hundred quarter-casks crown sherry-wine, and two hundred octaves of crown sherry-wines, shipped on board the American brig Keystone, Barton, master, bound for New York, the invoices of which he, the consul, declined to authenticate for the reason that "no sherry, crowned or uncrowned, can be bought in this city or consulate district for the price set out in the invoice that he, Bensusan, presented, namely, forty-eight (48) cents per gallon, nor for double the amount." I also inclose herewith a letter from Moses H. Grinnell, esq., collector of the port of New York, dated the 1st instant, together with one of the same date from Thomas McElrath, esq., appraiser at same port. The report of the appraiser alleges facts connected with the official action of the consul which, if found to be true upon investigation, clearly demonstrate the utter incapacity of that gentleman to fill so important a position. As Mr. Farrell has been the occasion of much embarrassment to the commerce between this country and Cadiz, you will permit me to suggest that a prompt reply to the allegations of the appraiser should be demanded. Very, &c., GEO. S. BOUTWELL. [Inclosure.] Mr. Grinnell to Mr. Boutwell. CUSTOM-HOUSE, NEW YORK, SIR: I have the honor to acknowledge the receipt of your letter of 18th ultimo, referring to mine of 17th, inclosing to you a report of the appraiser of this district relative to certain wine shipped from Cadiz, by J. Bensusan, per brig Keystone, with authenticated invoice. |