The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-28
THE ADJUSTMENT OF THE BLACK WARRIOR



CASE.
In consequence the persistent Misrepresentation by
few journals Of the present condition OF the Black Warrior
case procured the late dispatches in the
State Department from the Spanish government Madrid
and proceed give much of the substance thereof
win free the subject of all doubt uncertainty
On the 2lst of February, 1855 the Spanish Minister of
State Mr. Luzuriaga communicated Mr. Perry, acting
charge at Madrid result, the examination OF the
facts and circumstances Of the Black Warrior which
he recently announced in the Cortes that his govern
nent had determined to make. He SAYS that of the
documents relative this reclamation that which in the
frat degree has fixed the attention of the government has
been the despatch Of Mr.. Marcy which Mr.. Soule was
pleased communicate in the conference which took place
the sth of December last Its perusal left on the
minds Of the ministers Of her Majesty the impression that
setting about the fulfent of the laws applicable the
Of the Black Warrior the authorities the Havana
did take into the importance Of certain
dents whichthough of their own vicious and
Illegal nature they did invadae the efficacy of these
awswere nevertheless from the fact of their having exist
ed for considerable period without correction sufficient
for modifying the effects Of the provisions in
nged The despatch alluded to BY the Spanish minister
Is the Of Mr. Marcy the positions taken in regard
to the Black Warrior affair by Mr. Calderon when the case
was first presented and the aanecedents" alluded to were
made The grounds Of argument by Mr. Marcy against
the positions of Mr. Calderon the conclusveness of
which the present Minister of State fully comedies
In further announcing TO charge the conclusions
to which the Spanish government has come Mr. Luz
zuraga proceeds to say that "the first is that the
officers Of the castom-house at the Havana and the
consgnees Of the Black Warrior agreed in the un
derstandng that the manifest of this vessel in its peri
odica or at least its continual arrivals in transit from
one point to another OF the United States should be writ
ten with the formula in ballast whether in effect she was
really IN ballast or was only conveying merchandise in
transit He adds 1t is also true that by like under
standing between the officers of the customhouse and the
consgaees the practice had been adopted Of asking for
and obtaining the clearance of the short time be-
fore her arrival at the Havana Having conceded these
two points which pressed with prominent
by Mr. Marcy the Spanish minister concludes 1T no, ap
pearng therefore, that any harm has been caused 10 the
puoc revenue, and the will and intention to cause il not
having existed the conditions of crime are lacking and
lacking Also consequently, the basis which could be
justified the conscaon any penalty against the
tain and consignees'
The Spanish minister comedies the correctness Of
Mr. Aarcys position in regard the right Of the officers
OF the Black Warrior to rectify their manifest within
twelve hours counted from and after the issue of the
clearance but from the arrival Of the vessel at the port
havana and the presentation Of the manifest He admits
ha on account OF the exercise Of this right having been
denied Them without which they would have put them
selves right according 10 the regulations an
appeared existing which legally would have ceased 10
IN recognizing these truths the Spanish minister saws
MS government renders justice the tribute which il win
never deny to it. "This appreciation adds the minister
oi the Of the Black Warrior gives for the de-
termination which the government Of her Majesty has
adopted Of repairing the damages occasioned Amer
lean citizens by dispositions which it has found |
in conformity to strict justice, hoping that the |
government Of Washington, well the interested
persons themselves, in proving these damages, will
keep present the principles of equity, dsnterest
edRess and mpartiaty which induced the Spanish
government to indemnify them. have then the honor
manifest you for the information Of your government
that her Maesys government is ready 10 satisfy the
damages in question the proper account shall
be presented and its amount approved in the form
II viii be recoected that in demanding PREPARATION for
the injuries and wrongs in this government in
sisted decisive mark of dpeasure the part Of
the Spanish government towards the funconsries at a
who had participated in the outrage On this point
the Spanish minister says in the despatch fsm which we
have made the foregoing abstract and extracts that seeing
that Of the authorities who took part in the affair
now in the exercise Of any public Office In the island oil
Cuba the government Of her Majesty, which by con
aemning 50 explicitly their conduct manifess strongly the
dpeasure which this conduct IT, considers that it
has aihed by this act duty honorable alike from the
NOME principe from which II emanases and for the ad-
yangeons end 70 which IL is directed In another de
spaeh Of the same date from Mr. Luzuriaga TO Mr. Perry
~ hat tha
to the supreme tribunal of justice the examination a. n.
conduct observed by the authorities Cuba who took
In the unjust proceedings in the affair Of the BLACK war
rioro