The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-16

aonghde tho coal wharf. Being anxious 70 sail il pos
sibie before sunset, remained board until it bccam
evident that we could not be ready in time, when
formed Mr.. Tying that the ship would leave at sunris
next morning, and then went ashore. About twelv
o'clock, while sitting at Mrs. Almys received MOTTO
that Mr. Tying and the American Corsul we're both 4
search Of me- and had sent mcssengers in various dssc
tions to look meup lost time In rex ching the Con
suls Office, where found both these gentlemen who
formed that when Mr. Tying at about past clever
o'clock had applied at the Custom House to obtain th
usual order for tfe Moro Pass he had been informed
that the ship wcsid not be allowed to sail she had
been entered in ballast !" while the authorities had rea
son TO know that she had cotton ON board
Mr. Tying made explanations which will be explained
In his own ststenent and am only speskfng of
my action in this affair will refer you 70 his letter for
all that concerns himsela
The Consul met hat in hand and
tiof was made known to me, he proposed that should
go with him to ses the as he Thought
frank explanation at headquarters would put matters
We admitted to the itaencc chamber of the Can
tain General but the Consul alone psrmitte to
camp at the door informing me that would be sent for
II my presence needed. In ten or ffteen minutes
the Consul Joined and said that the Captain Genera
had heard nothing from the Custom House authorities on
the subject that he desired him he ConsaD to send
him written statement Of the case, and that in the
time he would direct the Administrator of the
Customs to furnish his report soon as he had cxa
mined the he would send the Consul his answer
fefcre going to the Captain Generals, sent Phrser
Rogers on board to make out complete manifest of the
cargo in transit and when returned to the Office the
Corsrl mentioned to Mr.. Tying that the full manifest
would soon be shore. Mr. Tying, taking with HIM Mr..
Thayer, Witness went again to the Custom House.
and in of the Commandante Of the Custom
officer aoa claimed Of the Collector the privilege grant
ed under the Revenue laws of correcting the original
manifestwelve hours not having elapsed since the
rival Of the ship This privilege the Collector denied
had lost her right to such claim.
Mr. Tying remained some time in consultation with the
Collector that perhaps half past four when he
returned to the Consuls Office; and as nothing more
could be done that evening" went board. AS an
preached the ship observed large launch alongside
and government boat, and passing the gangway
was met by the Commandante de los Carabineros an
officer whose duties seem to be to control thing with
the Custom house afoat This officer informed that
he had been ordered to the cargo discharged and
landed. asked who had given him this order; he re-
Piled "The Collector of the Port" said the Captain
eral has directed the American Consul to send him
written statement of the case, and has promised an
answer. and until that answer is made known did not
think the Collector had right to proceed extremites
The Commandante replied that his order did not allow
him any discretion; but If would give him my word of
honor that would allow nothing to be landed from the
ship during the night and would allow him to put seal
the fore hatch he would retire and report that
too ate to execute his orders readily gave the pro-
mise and allowed the seals to be put hatch Next
morning was awoke at six O'Clock by the Commandante
himself who told his orders had boen reiterated and
quesed him to wait till could Dress When would COM
muaicate with him. Clothing myself possible
brought alongside two large lighters with twenty or
thirty negroes, and government boat containing
officers and men of the Custom house. He said: GO
ordered to direct you to discharge your cargo which
refused to do He thsn asked if would order 1t done9
said Will you direct the tackles to be got upa" 81
forming illegal proceeding, (as consider t)'' He
then said, 81 will be Obliged to discharge the cargo my
self" Ireped "lf you do, the responsibility will rest
upon you and upon those under whose authority you
act; protest against your proceeding in this matter
and if you the matches Of this ship contrary my
authority captain and taken possession Of her." The
commandment replied Rather than force matters to such
an issue viii retire for further Instructions which he
did, and at the same tno won't shore 70 ir
American Consul had received any from the Cap
tain General At the Consuls Office learned that the
would not interfere directly in the mat
ter he having declared by letter to the Consul hat the
law, whatever it was, must take its course" now felt
that the moment for decisive action had aved and,
taking the Consul aside told him that the authori
ties had permitted to enter and in tho way we had
done this OCCASION for the last eighteen months and
method Of procedure, and inssmuch even had we
proceeded contrary to law and CUSTOM in the manner Of
our manifest they had denied the privilege Of
ing that manifest within twelve hours after entry
should protest against the entire proceeding as Illegal
should consider myself virtually dispossessed Of the
ship, and should leave her in the hands of the Spanish
authorities under protest The Consul agreed with
in this course the only dignfed and proper one. 1
Immediately hurried again board when found the
Commandantc with increased forces already in opera
tion When left the ship to go to the Consuls, had
ordered Mr. Pickering, should the Commandante return
before did with the instructions he had brought
previously to reteratc my protest against his proceed
ing, but to use force in resisting the contemplated
seizure. This he had done in presence Of Witnesses As
soon as l got on board the Commandante approached
me with an interpreter and another officer of the
TOMS to act, ! suppose, as witnesses. He told me
that his orders to proceed at with the dis
charge Of the cargo said you have the power to pro
but protest against the entire proceeding illegal and
unjust. The authorities acting in this with
great precpancy they have given no time for expana
ton nor have they instituted any legal investigation.
You have against earnest protest. violently opened
the matches Of this ship and are now In the act Of des
bar Won hnva oforno Had auth
ity captain and shall resign the ship into your
hands, reservDg tho right to complain of this seizure
threaten any action the part of government,
memory suggested many instances of aggression Of the
authorities here upon American citizens and their pro-
perty which have been allowed to pass unnoced at
least unredressed My desire to act in such way
to compel the authorities always to be the aggessors
submit to their demands always under protest. that
charge could be brought against Of resistance
to the execution Of the law and that position
might be at every possible point defended by the law
The Commapdenc said that he sorry personally to
have to perform ungracous duty; but acting under
higher authority he had discretionary power then
collected the crew. and taking the two American ensigns
and pennants which power could seize from me- re-
tired with my on board the United States steamer
Fulton While preparing to leave the ship they were ,
hosted out about fifty bales. As soon as had placed
the men on board the Fulton, went to the american
Consus Office and there noted my protest In due form
Of law The higher authorities of the Custom House
evidently unpreIared for the step had taken, for
sooner had they received the Commentaries report than
fArinQ lot proceed to la the snip X he mr.
Typg would send authorized person to superintend
the discharge OF the cargo and to select the storehouses
in which it should be deposited. Mr. called upon the
Collector deliver his in person, and by my ad
vice as well in accordance with his view, he de-
cned assuming any control or direction in the matter,
for the cargo having been seized and declared consca
Cd, no longer the property OF those represented
Sce that time they have hauled the ship alongside one
Of The docks, and endeavorng am told
10 discharge her rapidly possible Yesterday being
Sunday they obtained special dispensation from the
Bishop to work, but cannot ascertain that than
tbre hundred bales have deen discharged as yet.
think now, that, by comparing what have said with
Mr. Tyng's statement you will be in possession of all
that has transIred in relation to this unfortunate affair
To me i appears so palpabc case of robbery that
have with difficulty preserved my temper, and
scarcely keep sufficiently calm for quiet discussion
Our defence must first rest upon the custom that has
prevailed since the ship has touched here Of entering her
transit cargo ballast / have always believed and
have asserted 1t your belief, that there was some
special understanding TO this effect with the Custom
House authorities II appears that no such under
standing exstedat least the authorities declare