The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-14

bose soIe object was TO avoid conseque noes detrmen
ta 10 the passengers and that house itself, not
cepted.
fessrg The fault at,ributng 1t 10 their ignorance and
begging me the grace of not exactng higher duties
than those raid by any vessel with cargo entered for
transit but did not Judge proper comply with his
request partly from respect for the law partly also be-
cause, the cause once judcally commenced, 1t
longer province TO adopt the resolution solicited and
above all because weighing the above mentioned crcum
stance Of having placed in the captains hands the list OF
instructions of which alsoI enclose copy they could
longer argue the plea Of ignorance of and lam
guages and much less that of the captains having
done other occasions since the law has been
suspended here; and former concealments far from
strengthening his reclamation made his worse,
therefore limited myself to ordering the two petitions to
be attached TO the judicial proceedings which about
to be brought 10 close, II being duty to inform
Fxcellency beforehand, till shall have in my power to
send the complete testimony, that as the steamer had
been abandoned in the manner explained she was placed
under the charge and in custody OF the commander Of
tidewaiters without having requested the command
erin chief this marine district give the assistance
of some mariners who might (they on board OF
her atendto her safety and preservation TIL after I'M
loading her and upon the conclusion of the cause now
under investigation the Court shall decide upon the
lease sale Of the vessel Up to this day more than
600 bales of cotton have been discharged and there still
remain board packages and barrels the contents
of which unknown, and which baye ordered to
inspect ayang myself in the meantime of the depar-
ture of this mail TO inform your Exceency Of what has
occurred till to-day, purposng to do SO with what may
tabeplace from forward by the mail OF next month,
provided the final decision of the case has then as sup
pose pronounced God grant your Eycellency long
life, &c. Most excellent sir.
The Marquis DE La PEZUEI4A.
true copy-MASrE1 NJ. CARnAJAL.
HAMA the eth March, 1854
NO. II.
SECOND COMMUNICATION EXCELLENT THE PRE-
srENT OF THE COUNCIL OF MINISTERS
MosT EXCELLENT SIR-n conformity with what an
ounced to your Excellency in my official communication
Of he th of this month informing you of the deen
lion and abandonment of the Anglo. American steamer
Hlack Warrior it is my duty to conclude the nara
ton which in my said official communicate left end
q n
Black Warrior carrying 957 bales OF cotton various
packages of luggage, and several other articles Of
shipped in Mobile and here (where she could only
frauduently do SOY bound for New York. Article 90 of
the Custom House Instructions in force, directs as fol-
lows
The captain national foreign that enters
any port Of entry in the island whether with in
manifest register in The and under the oiFeum
to the SbS o on s Of r.
imposed as;c,d in "a, the sam. same
rechcation Of addition to the manifest shall have
Cd besides this the captain be fined to amount the
be p the the
packages DO not exceed four hundred dollars because i il
cd to the owner captain the po shall have
And article i75 Is couched in the following terms
paid paang the uSdsS
Il % be S the be
the amount of such excess.
penalties the Black Warrior has ncurredpenaltes which
would have been inflicted by the court of the
Treasury if proposition of the Attorney General it
had not been considered preferable pass the proceed
ings, done by decree of the 18th of this month,
to the political administration Upon this territory,
and at the sight Of the memorial of the captan of the
steamer of the opinions of the Attorney General and
Assessor and Of decree of the Treasurer by which he
submitted the solution of the to this Spperinten
dency, ordered the Superior Board of Administration,
the Administrator of Customs and the Visiter General
being in attendance, to refer on the case.
Ip ri saclnr 1ppnl lp,lar of no
seizure and fines already made in the proceedings,
and worthy of being confirmed in all its parts, but
left it to my discretion to reduce the penalties II
thought fit and proper and had been the practice
other analogous occasions with national and foreign
to modify them; but before doing thought it would
become me to request the Attorney General he would
propose what fine in his official opinion ought to be
inflicted considering what the Beard of Political Adj
minstratiop had declared on the subject. The Attor
ney General gave it his opinion that, considering
the very great amount of the seizure and fine OF
instruction there ought to be inflicted instead of them
fine Of ten thousand dollars besides the expense and
costs of the discharge but in accordance with the
spirit of benevolence striking in the report of the
Board of Political Administration, to resolve by
order of the 10TH that all the fine to be inflicted upon
dolars without any further expenses whatever might
be tie of them, although from this sum had to
BE- DEDUCTED hi inc costs TN tnen produced ana the dI
consequence of this decision the consignce yesterday
tool charge of the vessel after deposng bond for the
six thousand dollars in which he was fined lie subse-
quently presented to me a memorial begging lie to
modify the fine still more but this being no longer
in my power, ! authorized him to address Her Majesty
through me- and he has done in thankful and moder
az terms, which are in decided contrast with the
furious vocferaons which in their country have been
excited by the enemies Of this whose authorities know
how to blend they have done in this case, and will
do and at whatever cost gentleness and bengnty
nifty. God grant your Excellency o long life, &c.
HAVANA, March u, 1854.
Most excellent sir
THE MARQUIS be La PEzUELA
A true copy.-MASUEI MARIA CARBAJAL
Here follow letters from tho American Consul to the
Captain General the replies Of his secretary thereto
also the memorials of Messrs. c. Tying Co. to the Cap
tain-G ereral. Then comes
MTsssRs. a co Is MEMORIAL THE QUEEN or
MApAx-Chares Tying Co.. merchants Of the Havana,
at the royal feet of your Majesty and with the most pro-
found respect beg to represent that by the supernen
taking into consideration the previous proceedings of
the case, there was inflicted a fine of six thousand
dollars upon the. propretors of the steamer Black
Warrior. This fine put instead of confscaton
of the cargo not manifested by the captain upon his
rival without the least intention of defrauding the
Royal duties as i consisted of articles not consumed in
the country and they only in transit Thus the
payment Of those six thousand dollars would become
loss to the propretors of the vessel and cargo
wherefore as the decision communicated to
the memoralists they at offered to receive the
the captain had abandoned from the first in
der represent to your Majesty gacousy to take into
consideration the previous proceedings the Su-
perntendency had the enormous losses suffered BY the
reshppng the cargo for the continuation of the voyage
and 10 exempt the memoralists consignees of the
of the vessel from the payment Of the six thou
sand dollars In virtue Of what has been represented to
your Majesty they reverently beg your Majesty will with
your high wisdom and justice, leave them exempt from
the said judgment, grace which they hope for from
the august bengnity of your Majesty.
At the royal feet OF your Majesty.
HAVANA, March 20, 1854 CHARLES TYING CO.
NO. K.
last LETTER FROM TIKI CONSUL OF THE UNITED STATES
Ny DEAR slR-ln the hurry of the moment and in my
anxiety to get the affair Of the Black Warrior amicaby
settled in the beginning, omitted to take copy of my
communication to you that subject. win you be kind
enough TO direct copy to be sent TO and sincerely
oblige me- With great respect and consideration, your
excellency's obd't and humble servant,
WM. H. ROBERTS0N.
The communica tion dated 2sth February.
NO. VI.
TnB GOVERNMENT SECRETARY sAyswEI.
To THE U. $. Consul IN THIS PI-,oR'-
My DEAR SIR-lis Excellency directs mo to send your
Honor the copy you desire for does not enter into his
gentlemanly mind 10 conceal the facts all Of them viii
gain the they exposed 20 the light OF day and to
lid nn,.t ~ .,pIr