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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.

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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.

I have the honor, &c.,

No. 14.

E. B. WASHBURNE.

Mr. Hartley to Mr. Fish.

TREASURY DEPARTMENT,

April 8, 1869.

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,
Assistant Secretary.

OFFICE OF THE APPRAISER, PORT OF NEW YORK,
NEW YORK, April 5, 1869.

SIR: I have read the inclosed dispatch to the Department of State, from the United Stites consul at Cadiz, in relation to his refusal to certify invoices of wine intended 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,
Collector's Office, June 1, 1869.

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.

I have the honor to report that the instruction of your said letter of 18th ultimo has been carried into effect, with the result reported in the inclosed communication of Mr. Appraiser McElrath. The stultification of the United States consul at Cadiz, and the consequent annoyance to honest importers, which are reported by Mr. McElrath, is much to be regretted, and cry aloud for relief at the hands of the Government. I am, very respectfully, your obedient servant, Hon. GEO. S. BOUTWELL, Secretary of the Treasury.

M. H. GRINNELL, Collector.

[Inclosure.]

OFFICE OF APPRAISER, PORT OF NEW YORK,
New York, June 1, 1869.

SIR: Respectfully referring to the Department letters of the 8th and 18th ultimo. transmitting with the former letter the inclosed communication from the United States consul at Cadiz, and requesting an examination and report on certain wine, per brig Keystone, shipped by Joseph Bensusan, I have to state that samples of the wine refer red to have been submitted to the assistant appraiser and experts in the proper department, (tenth division,) who report to me that they "have carefully examined the same, and in our opinion the foreign value of the said wine at Cadiz is fairly represented at 48 cents per gallon; the quality is inferior, and of the same grade as wine imported from said place in the same vessel, and invoiced at same price, (48 cents,) but by another shipper, which invoice is duly certified by the consul above referred to. The communication from the consul is most extraordinary. He declares that no sherry cat be bought in this city (Cadiz) or consular district for the price set out in the invoice (meaning the invoice he did not certify) that Bensusan presented, 48 cents per gallon, nor for double the amount."

Yet at about that very period he affixes his certificate to an invoice, which is now before me, for another shipper, to go by same vessel, (the Keystone,) of a smaller quantity of wine of the same grade, at 48 cents per gallon, and declares that he is "satisfied that the statement in said invoice is true."

Under these circumstances, it will, I think, be evident that action taken on information from the consul at Cadiz, as to the value of wine, would be, in its result, now or in the future, the same as in the past.

The papers are herewith returned.

Very respectfully, your obedient servant,

THOMAS MCELRATH,

Appraiser.

P. S.—I have some reason to think that the consul's objection to Mr. Bensusan's invoice was in consequence of the word "sherry" mentioned, and without any examina tion of quality or description, he refused to certify because the value of "sherry" wine was above 48 cents. At the same time he certified to the said 48 cents for another shipper, (who omitted the word "sherry,") for the same kind and quality of wine that Mr. Bensusan was shipping, and which is also another wine than "sherry."

M. H. GRINNELL, Esq., Collector.

T. McE.

[Inclosure.]

UNITED STATES CONSULATE.
Cadiz, April 12, 1862.

SIR: I have the honor to inform you that Joseph Bensusan, a merchant of this city, has shipped on board of the American brig Keystone, Barton, master, bound for Ne York, the following wines without invoices, to wit, two hundred (200) quarter-casks of crown sherry-wine and two hundred (200) octaves of crown sherry-wine.

I declined to authenticate the invoice which the said Bensusan presented, for the following reasons, to wit: No sherry, crowned or uncrowned, can be bought in th city or consular 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.

This person's wines were seized at Boston and New York in 1866 for being falsely invoiced.

I am sir, your obedient servant,

Hon. GEORGE S. BOUTWELL,

Secretary of the Treasury Washington.

R. F. FARRELL,
United States Consul

No. 16.

Mr. Fish to Mr. Boutwell.

DEPARTMENT OF STATE,
Washington, June 5, 1869.

SIR: I have the honor to acknowledge the receipt of your letter of the 2d instant, with inclosures in reference to the refusal of Mr. Farrell, United States consul at Cadiz, to certify certain invoices of J. Bensusan, and suggesting, at the instance of the general appraiser at New York, that an explanation of his action be required, and, in reply, to inform you, as Mr. Farrell has been removed from the consulate, and his successor has already left for his post, it seems unnecessary to pursue the complaint against him.

I have, &c.,

No. 17.

HAMILTON FISH.

Mr. Boutwell to Mr. Fish.

TREASURY DEPARTMENT,

October 8, 1869. (Received October 9.)

SIR: I inclose herewith two invoices for certain wines imported per Suomi and Loyal Scranton from Cadiz, which the consul at said port declined to certify on "the eleventh day of October, A. D. 1866," as appears by his statement attached thereto, "and gave good and certain reasons for so doing to the honorable Secretaries of the State and Treasury Departments since the aforesaid date."

Search has been made in this Department for the communication referred to, but none such has been found. You are therefore respectfully requested to furnish this Department with a copy of any similar communication received by your Department.

Please return the inclosures.

I am, &c.,

No. 18.

GEO. S. BOUTWELL.

Mr. Fish to Mr. Boutwell.

DEPARTMENT OF STATE, Washington, October 11, 1869. SIR: I have the honor to acknowledge the receipt of your letter of the 8th of October instant, inclosing two invoices of wine shipped from Cadiz in 1866, to which the United States consul at that port had refused to grant the required certificate, stating that he had furnished this and the Treasury Department with his reasons for so doing, and asking for a copy of any communication filed in this Department on the subject. In answer I have to inform you that the late consul at Cadiz wrote much to this Department on the general subject of the alleged undervaluation of sherry-wines from the port, but that, after search, no dispatch relating to the particular case in question has been found. The invoices are herewith returned to you.

I have, &c.,

HAMILTON FISH.

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