New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-04-10
NUMBER 81.

the steamer had haeu aha an al
explained sbe waa rase ~ u,
In ct,stoly of the Con1nandey ~
vgtbout having reauesfe the =,
chief of this Marine distrcs ~ v
ance IF sopoe yoarinera ybo ,piob9 h;s ~
board Of her attend 10 her sfst and
ION IN aftar unloading her and ,,,,s ~
~ tbe ca,ise now ,nder
Court shall decide upon the release Or sale II
tbe vessel I'm tn this fav more than coo hafs
oY cation hava been d;Scharced and thera at;Il
ra,cai,, IN, hoard some ,,seaoes AID tarrels t1s
contents Of which are unknown and which
have ordered "a 10 insnected. ayaifinr u,vaeif
in the meantime If the denarf,,re of fhis mail
to inform your Exceileney Of what has oceurred
till to-day nnynosno IL III a. With vrhat ma,
take nlaea fvar ,o,T forws,d hv ,ha rao;I II
next month. nroyidaJ The fnat aee;s;on ~ tbe
case has then. a. snnnose baan r,ronoyncad
God grant your Exce1lepcv long Iisa ate
e Most Excellent Sir.
T8E M.parr,s nr pra,,p,
A true copy;
MANUEL NJ. gARR.1u
Havana. March 7. 1874
No. 2. ]-SecO7td communication to The naosf
excellent the Presisent of Tie Council Of Min.
isters-Most excellent Sir: In conformity witt
what announced to your Excellency in my eff
cial communication of the 7th of this mouth on
informing you of the detention and abandon
ment of the Anglo American steamer Black;
Warrior, it is my duty now to conclude the mar
ration which in my said official communication
L left pending. On conclusion ef her discharge.
it resulted that the Black Warrior was carry
ing 95T bales of cotton, various packages Of lug
gage and several other articles of commerce
shipped in Mobile, and here when she could
only fraudulently do SOY bound for New York
Article 100 of the Custom house instruction in
force, directs as follows The Captain Of every
national or foreign vessel that enters any porf
Of entry in the Island, whether with cargo or In
ballast, whether putting in or in transit, shall
present his manifest or gister in the manner
and under the crcumst ances prescribed in thai
Instruction, and shall be subject to the fines and
penalties which for violation of its rules are i'm
posed in the same Article I62 says thus: after
the II hours, pointed out in article Is for the
rectihcation Of, or addition to the manifest,
shall have expired, all packages. that may be
omitted in it, shall be seized and besides this
the Captain be fined to the amount Of the value
provided always the amount Of the duties which
would have to be paid on the contents of the
package or packages do not exceed four hundred
dollars; because if it exceed that sum and if the
articles belonging or consigned to the owner
captain or supercargo, the fine shall have n,
effect, and instead of it the vessel together with
| its freights and everything else available, shall
be seized And article l75 is couched in the
following terms: If in consequences Of the
searcher's visit, which has to be paid to every
vessel before dispatching the register under
which she has to navigate, there should result
in her cargo some excess, this shall be seized
and the captain fined to the amount of such ex-
cess From these articles your Excellency will
deduce the penalties the Black Warrior has
incurred, penalties which would at once have
been inflicted by the Court of the Treasury, If
on proposition of the Attorney General it had
not been considered preferable to pass the pro
ceedings, as was done by a decree Of the 18th OF
| this month, over to the political administration
| upon this territory, and at the sight Of the me
| mortal of the Captain of the steamer, of the
| opinions of the Attorney General and Assessor,
| and of a decree of the Treasurer by which he
submitted the solution of the case to this Super
intendency, | ordered the Superior Board Of
| Administration (the Administrator of Customs
and the Visitor General being in attendanee) to
act on the case.
| The Board declared as legal the declaration
| of the seizure and fines already made in the
proceedings, and as worthy of being confirmed
in all its parts; but left it to my discretion to
reduce the penalties if i thought fit and proper.
4 and as had been the practice on ether analogous
occasions with national and foreign vessels
Actuated by sentiment of equity, l wished tt
modify them but before doing so | thought il
| would become me to request the Attorney Gen.
eral that he would propose what fine in his off
cial opinion ought to be inflicted, considering
what the Board of political administration had
| declared on the SUI Ject. The Attorney-G General
gave 1t as his opinion that considering the very
I great amount of the seizure and fine of Instruc-
tion, there ought to be inflicted, instead of them
] ,x,I c.l~a IL. :