The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-07


IN the hands OF her Catholic Maess Minister Of Foreign
Relations1 distinctly stated the fact that the revenue
officers a. Havana did know that the previous trips
OF the Black Warrior when she entered the
ist as ~ ballast she had transit cargo board This
allegation notfary met in the reply Of the Spanish gov
ernmenl ana there prudent uswillingness shown to
put the case upon that issue
From an affidavit Of Mr. Tying the consgnee Of the
Black Warriornot of the papers submitted Con-
gess ~ 'he make one or two extracts to show
what would nave been the result il the Spanish
had seen ht TO place the justification of the officials Ha
yana directly, rather than evasyey upon the ground that
the officers Havana did know when on for
mer trips she entered in ballast that she had
transit cargo on board. Mr. Tying says;
She (the Black Warrior entered and cleared
the 25t February and in ballast had always been done
according TO orders given TO by the former collector
lbe captain, on his arrival 28th February handed his
manifest to the boarding officer "in ballast" which was
according TO the instructions given to the captain well
ourselves when the steamer first commenced her trips
to this port Havana
Under these circumstances the application OF the rule
now insisted on as to the manifest to the Black Warrior
was clearly an act Of fragrant wronga procedure
Just and outrageous ii law highly penal in its
provisions had been enforced without previous promuga
ton or notice. involving American vessel and
the penalty ofcondemnation 1t be impossible
clohe the transaction with the character of uninten-
tional wrong.
The proposition put forth in the reply of the Spanish
government that ii the law the manifest suspend
ed by the Cuban officials they could their pleasure
vye 1T again without notice and involve property TO
vast amount in the penalty of conscaon without the
injured parties having the right to indemnity their gov
just Of complaint needs no better conuta
ton than to be clearly stated.
Such would be the aspect OF the of the Black War
rior the declaration made by the Spanish government
contained in Mr. Calderons reply your demand could
be sustained that neither he (he captan) the
signee willing to amend the false manifest within the
legal period of timen
II this declaration should be proved to unfounded
fact then upon another ground the whole proceeding
against the Black Warrior" must be regarded illegal
and the slightest semblAnce of justification under the
revenue laws can be thrown the transaction To
tain this position refer to the regulations which
placed in the hands of the captain of the Black
Warrior his arrival in the port of Havana BY look
ing at these regulations it will be perceived by the first
that the captain supercargo required the
custon-house officers visiting the ship manifest which
the cargo is to be specified The eighth rule in these
words During the twelve hours after having delivered the
manifest which to from six o'clock in the
morning until at night the captain supercargo
consgnee make any alteration he thinks proper
necessary and for this purpose he will call the colec
tor in his absence the commander of the custom
house officers in service" If there nothing in
the rules upon this subject it would be clear inference
that fault could be imputed to the captain super
cargo for incorrect manifest until the expiration of the
twelve hours the penalty would attach after but not be-
FORE that time. The law however does leave infer
this immunity from fault in the captain supercargo
in regard to the manifest The ninth rule gives it in
press terms. Its language is as follows: The twelve
hours prescribed in the rule No having elapsed all the
packages other goods which have been omitted in the
manifest will be conscated and the captain supercargo
fined in double the value of the same the amount of
the duties to be paid the contents Of the package
packages COnDScAteu does not exceed D4OU, &C, &c
is rendered clear by the very language of the law that
twelve hours allowed for perfecng the manifest and
that penalty incurred for not doing until that def
erod has expired The evidence in the ncon-
rovertbly establishes the fact that the Black Warrior
embargoed and her cargo seized and declared to be
conscated before the twelve hours had expired ap
preached the period of expiration The Black Warrior
had in port less than eight hours when she seized
by the Spanish officials This fact is clearly stated in the
documents submitted to the Spanish government and
attempt made to dsprove it in the reply to the demand
for satisfaction The time Of the arrival and of the seizure
of the Black Warrior" is not conrovered fact She
arrived at o'clock and was seized before o'clock
p. mr. the 28h of February If in truth, the manifest
had been Incorrect and there had been attempt to
amend it, the law imposing penalties had not been violated
when the seizure made and the cargo declared con-
scated In this view of the the conduct Of the Gu
ban authorities not only without law but contrary
the express provisions of of the regulations fur
nished captain Of the vessel his arrival in port
These authorities committed wrong and an outrage even
the assumption that the declaration OF the Spanish
is true, that "neither the captain nor con-
sgnee was willing amend the false manifest within the
legal period of tme If the legal period of time for
king the amendment not allowed to them before pro-
ceedings instituted enforce the penalty of consca
ton this assertion cannot be sustained for they had the
entire twelve hours in which manifest their willingness
and make the correction and until that time had
pired they in dsiico The seizure made be-
fore the law broken. This fact clearly established
by proof is put in issue by bare denial. No
penalty had been incurred and the steps taken to enforce
one illegal.
There still another ground which equally fatal
justification offered by the Spanish government in be-
half Of its authorities at Cuba
1t is not mere allegation but fact well authenticated
by proof and that proof furnished to the Spanish Min
er of Foreign Relations before his reply that there
distinct offer at the customhouse to amend the manifest
within the twelve hours allowed by law That fact il is
true il denied the minister's reply but he does not give
the slightest ntimaton that he has any proof to sustain
that denial Gould he his government believe that the
United States would accept such denial as sufficient to
eunterya the positive and clear evidence that such an
offer was made within the legal period of time and perm
sion 10 make the amendment refused by the custom-house
officers Hpon the ground that the period within which
the law allowed be done had expired but upon friv
oous preex by any regulation
Unless the Spanish government sustain this import
ant assertion that there refusal by the captain and
consrnee or unwingness it is called in the reply, ito
amend the manifest within the legal period Of time it's at
tempt 10 Justify the conduct Of its Cuban officials
must entirely fail fact of such vital Importance to the
defence of its Cuban subordnates in grave matter Of
accusation should have rested simple unsupported
official assertion the contrary had only been averred,
and not proved this declaration essential to the
merits of the have been relied without being
sustained by evidence The fact Of Al offer to amend
the manifest clearly stated and well sustained by the
furnished the Spanish government is casually
noticed in Mr. Caderons reply ~ II II WAS matter not
in controversy yet il wei! known to him and TO his
government when that reply prepared that the case
whether there offer in due time to amend
the manifest .
II appears in document No l. appended TO the reply OF
the Spanish and used by Il As evidence IN the
ease the offer amend the manifest made by the
copsgnees of the BLACK Warrior within eight hours OF
her arrival Havana This document will not be except
ed to- II Is relied on Justify the proceedings against
the aBlack Warrior How does the reply the allie
CATION and proofs that there oer TO amend the
manifest within the allowed period IL Ia only met by