The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-17

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j = sira The Hlaelk Warrior Affair. 11a,rs'2
\ CONSUL ROBERTSON TO THE SECRETARY OF STATE
II CoSUrATE or TIE UNITED STATES
r HAVANA, March 5, 1854 !
y Shy the United States steamer Corwn, which 1
dispatched to Charleston the LIST instant conceying
That the importance Of the intelligence had to
nicate justified that advised you Of the seizure
by the custom house authc rites here apparently
Their evidently with the consent AMI appreciation Of the
authority Of the island Of tine cargo on board
vessel which Anc is said TO be double in amount to the
value Of the carcoa this under the pretence OF his
having na lie false entry Wit that he stated his ship
10 be IN ballast when she had cotton on board ~ rdnH
feel It to be my duty to repeat the circumstances Of the
case to correct any that may have communica
ted in my despatch before mentioned, numbered 81
The steamer expected here from Mobile, on her
70 ssw gSss on ON the a1 beore b
entered and cleared ler ia ballast This has been Gus
GoaTy for stes%srs q the Law and BsitisA mail lines
ard cleared in ballast since she commenced 10 run now
/ about nineteen months past making two trips per
month without any objection on the part Of the custom
house authorities, who cannot plead ignorance of the
fact, for Immediately that steamer drops her anchor
two custom mouse guards and an Unlimited number Of
poleenen, public and secret, placed on board to
tempt ever been made that am aware Of to conceal
rior has been in the habit to deliver to the authorities
on arrival severa! numbers Of the public journals of New
contained
advertisement of the Black Warriors being about to sail
on such expressing the cargo she carried for her
The ship arrived here tho morning of the 2sth The
captain delivered his manifest in ballast, had been
customary. He assures me that he had always been
under the impression that special concession existed
which exempted his vessel and other steamers from the
formality Of manifestipg their cargo in transu; he
thinks that the owners OF the ship entertain the
Mr. Tying sent his clerk to the custom house for the de
OF the steamer to take the same to tho Captain Of
It was refused to him and he informed that the
stopped by order of superior authority of the Royal
E>chequsr Upon this Mr.. Tying, with the captain
came to my Office and informed OF the state of the
Whilst the former entering protest, took
the latter with to the The object of
ts interview was to lay before his Excellcncy oil the
umstances OF the case and particularly to show that
ere lad not been, on the part of Captain Bullock,
any concerned in the ship the least intention Of
ioating any law of Spain regulation of the port Hs
scclency coureousy listened to and replied tina.
report had been made to him the subject; he also
commended that should give him my statement in
memorial or official communication. Immediately re-
turned to Office and prepared my letter to the Cap
affair to satisfactory settlement without delay, kept
no copy, which regret In the meantime, Mr. Tying
difficulty the omission of the cargo transitu in the
manifest, and thinking that tho twelve hours allowed
law t aena manisst had not and that By
he applied to the Collector stating that in the of
fifteen minutes hall hour he would be prepared to
present the correct manifest The Collector replied that
it could not and should not be admitted because he
already applied for tie vessels despatch something
this effect is true that Mr. Tying had applied for the
despatch but it may be well to bear mind that was.
not given; and question: in my opinion whether the
steamer could DO considered as cleared i'm effect 30
regards the clearance the 25h before she had arrived
deem it informal Mr.. Tying was at the time in
formed that the cargo conscated and the captain
gang of men were sent alongside the ship to commenoe
and on Shore the was deferred
I'll the next morning. when they again appeared and the
officer at the head Of the party demanded Of the captain
remarkng to the officer that he took by force he
must do single bale of the Cargo ne 1.-THE capain)
would instantly haul down his colors and abandon his
ship to them This seemed to make the officer hesitate
| He suspended his operation and shore-no
doubt clay the facts before his superiors and receive
their directions He returned board opened the
matches, and commenced the discharge whereupon,
Capt Bullock hauled down his flag and, with his officers
and abandoned the vessel to the Spanish authorities
On the evening of the 2Sth I received the Captain
Generals reply to my letter which far from salts
factory copy and translation of the trans
I steamer Corwin.
communication to Mr. Tying. send you a copy of this
communication, well that Of second letter from
the officer also that of Mr. Tyngs reply Enclosed
evening from the Iendte Of the treasury, and Of my
reply thereto / also accompany copy Of the printed
regulations which handed to all captains of vessels
| on the first visit from the custom house officers
have omitted to say that am Informed that the re-
manifest the quantity Of coal they have on board but
that in no instance has this law been complied with
This neglect or unobservance Of tho laws by the autho
rites themselves has rendered them obsolete and there
am also assured that law prccribcs that, when It
Is clearly shown that there has been intention of
frngng the law, or Of defrauding her Majestys
nues, parties shall not be deemed culpable. In my
opinion 1t is simply ridiculous to suppose for instant
that the captain Of the Black Warrior any ton
to do otherwise than conform to all established regu
latcns.
Although had written to tho Intendsnss last even
ing declining the request that should appoint person
to take an account Of the proposed to be landed to-
day. being led to that course by the idea that the nen
dfns object to present at least the sembsnce OF
sanction on the part of this consulate 10 their proceed
ings nevertheless called upon him this morning
marking by way Of introduction that presented self
not only in the character OF consul commercial agent
but friend; that expecting the steamer Phia.
delphia to-day, and anxious to communicate to
my government the true relation of the facts both
Sides that my government might be prepared to meet
the demands upon for indemnity by innocent par
tics interested in the cargo; that did not solicit
that his should alter its position however
DESTROYS might be to aid In preserving good relations
between the two but to obtain facts This
led to discussion remarked that could not how
Lave entered and cleared the ship ballast but that
the captain through his consgncc had attempted
rect the within the legal time and no had not been
permitted that this added to the long ned and
the authorities weknown practice Of entering in bal
last when she mad cargo in iransitu did not how
they could put themselves in the right; STILL that
disposed to contest the law points bearing on the
case but that 1t had given me much pain that the mat
Ter had not been settled and amcaby as
that this affair might create great agitation and Difficult
y from the circumstance of there being many parties
interested who had nothing whatever do with the ves
sell To all this the Indese said that he regretted that
he had not seen me before that the matter Stood he
did not know what to do, but he would examine carefully
into it, and try to bring it to satisfactory termination
| or something TO this effect.
But in the meantime, the ship has bcen by order of
the authorities, hauled to Of the wharves
of the cargo taken out There is every appearance that
it is intended to proceed with the discharge.
In my despatch No. 34 stated that the British mail
line have also been in the habit Of entering and clearing
in ballast when they had cargo on board Mr. Crawford
the british Consul, has assured to-day that such is
| not the case.
Some Of the officers and all of the crew. OF the Black
Warrior board of the United States steamer Full
tom the transient passengers fourteen in number
| on shore.
beg of you to consider my anxiety to lay before you
I'll the circumstances that can bring to mni in regard
To