The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1854-04-29

Warrior affair The documents connected
with il are volumiaous. aud would occupy
about = page Of our paper consequently,
We are preeludcd from Publishing them.
The Crescent, which takes the Cuban
view OF the question considers tina, they
clearly establish the following 7ropost
tions
That the seizure End conhscaitun of the
Black Warrior. were, ander the port rcgula-
tons Of Na,ana legal and just
J. That Captain BUILDER, his con-gneos,
Tvpg y Go and our Consul admit the fact
ti-. Il s.as legal.
4 Tina. they only in reality eon,end-d that
they should be let Of, ist, because they we're
ignorant Of the Law and language Ind. be-
cause they had done so before 81, because
they had no intentions of fraud.
l. That TO this the Syeusfd replies Il
was your business to know our regulations,
that you might eomFl, with them beside =
We furnished you them in English" ID We
never suspend oar laws ana II you have be-
fore been violating them, Il was without our
know ledge 81, ." We have ne laws that are
guided by mens intentions. We can only
consider their acts
b That the British steamers haze always
submitted 10 precisely VIVA, was required Of
The Black Warrior,
D. Thai whilc the language and the state
iaea;s Of Bulioeh, Tying, and our Consul, have
been violent and dcnunciatory, they have been
hold ne to the Cuban authorizes 0uly the Ian
guage Of apology and supPteati9n. Thus
I they were at once encouraging the Spauiard
10 persist 10 his course. and exciting our Gov
eranis ut aud people to make var upon hin FOR
. that course
Z That ihc owner, by admitting to take
back their ship and cargo, confessed that they
had done wrong in abandoning Them.
& That ihoy have since It'll further given
NJ their wholc case, bF "a firt now brought %
/ hight that ihry have addft .sed petition 10
tie Queen. duplicating her Ia remit, as ~ her
grace, the line of $1,000 Impo-ed en- them.
Soherig, after this, We cannot zee tba there
Is left a single ,cstige Of the case.
II the allegations contained in the doeu-
uents referred to are tfue--and they seem
to be plausibly sustained - the authorities
of Cuba appear, IN this instance, to have
the best side Of the question. We notice
that the Plcaynue Is unusually tae'lufn on
the subject. The Delta, however, sends
forth a reloinder to the Crescent, OF which
the following is an extract:
Some of 10. 90 positions are correct.
in fact, but '.oi conclusive in logic, The
condue, of Ne.sr.. lying, BuIlocb, and
oihers, subsequent to the seizure OF the
Black Warrior, IN their eodesyors which
do not seem to us to be at all ereditable,
dlrnidcd, or mauy--io release the property
OF their principals aud protect their mere
pecunary interest, cannot affect the legal,
ny. justice, or equity OF thc act which
gave rise 20 this conduct \ man may
submit to grca, deal that j. wrong and
oppressive. especially when he finds himself
in the situation Of an American IN Havana,
aud he may, under the pressure OF necessity,
s,oop to the Notifying position of a petl
toner for relief, without intending TO nc
knowledge tso AS to make 1t logical or
legal confession of guiltD the justice OF his
4 condemnation Hence we are brought
back to the only real question IN the affair
the legality aud justice OF tho sentence
! and seizure OF the Black Warrior.
"Iho Crescent does not seem to haze
examined this, the only question in the
case i, prefers to Judge II by collateral
{ facts and acts oi parties, subsequent to
the seizure. Ihe revenue laws, III every
part of the world. are administered IN n
spirit at equity, as well AS OF strict law,
{ Fraud IA a thing OF intention. We know
| that such fraud is presumed from MI illegal
ac.s but i, may be cont addicted and rebu,
ted by positive facts Under our revenue
law there is always relief against viola
tons of even positive laws, when Il car be
clearly shown that there was no Illegal ia,
teution IL Cuba It is acknowledged to be
N the power of the Captain General to
grant such relief, it appears that he finally
exercised such power, hy reducing the fine
imposed on fhe Black Warrior to $4,000
Now, the real ground OF complaint Is, that
he the Captain General, having power to
prevent SO harsh aud unjust q measure,
should have permitted the steamer to be
.e,ed, ard her valuable cargo taken into
pc accession, when Il WAS clear aud manifest
that no fraud was intended. The whole
oiiense consisted IN pursuing the luvara
bic custom Of American steamers who
stop a, Havana merely 10 land passengers,
to clear in ballast, having only cargo for
New York.
Such is the reguer custom Of the trade
|, is always understood that in case the
authorities OF Ilasana take any exception
TO this course. the lgw allows the omission
to be corrected IN twelve hours after the
clearance is made. In the case OF the
Black Warrior this equitable relief was
denied TO the Captain, because she had
been cleared ia ballast mere than twelve
hoars before she arrived In port Hence
it was Il poekerY, such as ouly a hall
barbsroas and despolic government would
aeee, to pretend That the manifesto Was
not corrected within the legal time. The
whole Argument Of the Cuban Authorities
is speelGien oi that special pleading. agd
hypocritlcal misrepresentation, by which
they are constant, humbuggipg that class
OF our citizens who have sn idea that
Americans are always IN the wrong IN ey-
cry quarrel The whole case, on their
own showing. !. one OF gross outrage, IN
lu,,,iiabe violence aud degradation on oar
property, and most uuproyoked inGignity
to the ilag OF our country, which It is vain
to try to gloxe over aud justify, by refer.
ouco 10 the rigid reyenae IaWs OF the port.
No one believes that such an iudignty
would have been offered TO the chips OF
France or Greas Britain