The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-18

liable were cuInmilleu upon our
dignity, insult. outrage OF every sort, Inflicted
We have been seeking for ieTess, and Spain 10 SON
extent has admitted right 70 II but IN consequence
OF this very system that Tie spanish government pas
adopted, my opinion disregard OF good nelghoohood
with view, as believe 10 harass and annoy US, ihis
has been in negotiation for long ume and we can
not get any satisfaction Tor A. When we go 70 the az,
thorlies OF the West Indies referred TO SPAN; aud
when instruct minister IN Spain 10 demand re,
Dress they say that must reier II back 10 ihe local
authorities for assistance IN the way OF diormasion ana
thus the indefinitely delayed The records show
that there constant system OF irritating annoyaDces
pracsed by the Spanish authorities toward us and 'bey
avail themselves OF this very crcuilous and ndeensibe
mode OF proceeding TO avoid all responsibility IN respect
TO these
do not mean, as said TO go fully into this matter
but as know that the view which has been presented
TO the House by the gentleman from Ohio MI Gid
DNosl may strike others that the present case may be re-
garded ordinary seizure OF commercial vessel iof
the violation oil some revenue regulation, desire 70 say
that entirely satisfied, from careful nVesgauoh OF
the conduct of Spanish officials IN their West INDIA
islands, that in most there has not been 0onn <
finteeon os execuunR Their fevenee laws ~ lneil us
tassr,e OF merchants 1t has been merely dIspo-
sIton upon their part to Gmbarass commerce ihe
very fact that such have much more ire
quen'y taken place 10 respect to our vessels man ~ re-
pect TO the vessels OF England France, or another ma
uon shows that there is disposition upon The pafl Of
The authorities OF Spain 80 10 embarrass and hafass our
commerce 10 dive u.s. far as they can from all IN
teIcourse with the island Of Cuba without coming out
boldly and directly. and thus assuming the responsibility
OF such apupose Sir II seems TO me that IT mat IS Inc
0OeCt tney strlYng lNey Wafl
rid OF intercourse with u.s. they had better exclude us al
once and put an end TO the treaty OF amity and com
merce between The two nations,
Mr.. STANTON, of Tennessee desire to ask the
gentleman from Virginia question, Tor the purpose Oh
drawing out fact, which he might have noticed before
the close OF his remarks. The gentleman from ONO
Mr. GIDDISGsl stated that the manifest OF the Black
Warrior alse--thal it made false representation
OF facts Now, desire to ask the gentleman IRON Flr
gnia whether it is not true that it is customary for yes
sells touching at Havana. when passing from one port OF
mi tn ma
precisely the nantes, OF the Black Warrior was made
out and whether this not sudden enforcement OF
this rule without any notice OF any such intention having
Mr. GAYLY, / meant TO have referred to that matter
in coroboalon of the remarks made to the gentleman
from Ohio. that this whole discussion has been utterly
premature Our information upon this point is not iu
But, nevertheless, we have pretty good information
information upon which rely--showing that the
manifest Of the Black Warrior was made out precisely
those OF other vessels similarly employed am told
and lido not get my information from newspapers, but from
source upon which rely with much confidence, though
is not ohcia-I say have been told that Il has been
customary TO allow 10 other vessels to pass without OBJ
leclon and there is in the. world why they
should allow it. These vessels merely stop at Havana
IN passing and rarely TO discharge. They put cotton IN
the hold ballast just exactly salt is put INTO the
holds of vessels at Liverpool, for the purpose OF
ballast than freight; and although have duty upon
salt yet what would be thought IT we should seize
Spanish vessel balasted with SALT which might Touch al
Charleston, with knowledge on all hands that she did
not TO discharge, upon the petex that was not
made manifest that her ballast salt and not stone!
But, further than this, have II IRON authentic IN
formation, that other vessels have been allowed TO break
bulk and transfer their cagoes from vessel 10 an
other in port, in instances, without any com
plant the part OF the authorities; and this was right,
Tor in such transaction, unless there Was suspicion of
smugg ling, there was cause for inierierence These
are a'onges cases han where is merely s,' 10 e hoa
OF the vessel with the hatches sealed. They have al
lowed The transfer OF the cargo from one vessel 10 another,
when their officers who swarming about II. saw
that the object was simply 10 facilitate the TRANSMISSION OF
put IN pT IN
en,ion TO enter II at Havana for consumption That
ought be the II has been the in practice,
laws there is difference between those governments
whose officers are allowed discretion, and those where
the duties Of the public officers especially defined by
law, which no body but The lawmaking power can re-
lax. Under absolute governments, the officials have
sometimes authority given them TO relax Their custom
house reguations--
Mr. SMITH, OF Virginia, (interrupting) Will my col.
league allow me to ask question Tor iniormauon'
. Mr.. BAYLY. Certainly.
Mr.. SMITH have been inlouned-aud desire to
know If il is sothst when objection IS made to The
manifest OF vessel the skipper has right TO correct is
within twelve hours after the objection made IL that
the case and IL not true that permission TO make the
correction asked on the occasion, aud refused by the
Mr. BAYLY That is true, as believe, and worse
than that is true II am well informed They undertook,
by order under the authority am referring to, which,
though purporting be made before the arrival OF the
Black Warrior, not promulgated uil afterwards, so
to make a show Of legal excuse for their conduct. Ii
would seem as II the purpose 10 entfap THIS vessel
into the difficulty in which she has been found The
regulation made before her arrival and, as believe,
though dislike to be unchansble, IN anticipation OF it,
and the mobilization was not promulgated until after this
occurrence.
But a point make is this, thai government has no
right after relaxing Tor good while its regua-
tons, suppose II has been without authority, sud
denly 10 enforce them according 10 the strict letter OF the
law TO entrsp those who have got into the habit OF
conforming TO them in the way their officers construe
them, Sir, II is robbery. II is like entclng man into
the woods TO rob him captain OF ship cannot be pun
ished to-day for doing IN violation OF law, what he
permitted, with full knowledge OF the Transaction TO do
yesterday without complaint from those charged with It's
execston unless he is properly notified that change OF
the law iself or IFS repeal has been made
Mr. DEAN, (interrupiing) Will the gentleman allow
me word IN reference 10 the point which be is
now speaking
Mr. BAYLY. yield to the gentleman
Mr. DEAN. This debate IL out OF ne AMI OF course
no rs prepared should be at this tme to give any
Official Information except what is contained in the Pres
idenrs message But upon this presise point which has
been suggested by the gentleman from Virginia, Mr.
SMITH and which s vital point. 10 whether the
Cuban authorities did not refuse, when offer was
made TO coTrec, the manifest of the Black Warrior. to
allow Il TO be corrected authorized, think, TO
say, from what have officially published, and
letter IRON Captain Bullock which has not yet appeared
IN PRINT, that seven hours after the vessel arrvedthe
rule ~ that the manifest may be corrected within twelve
bonrs-he was notified Of the intention to eonhscaie the
cargo lie then offered, IN pursuance OF the regulation,
TO correct bls manifest, bat they refused allow him
do so Alter exposulating with them, and usng all the
Arguments be could, he then told The authorities that he
should surrender the ship II they said So and he took the
American flag and went the Uniied States ship
foton. Under these circumstances, regard the act al
Havana as clear OF port piracy.
Mr., CUTTING, (inlerposing fdesre TO make one
i no tn gpdp vprf fD