The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-25
rHr BLACK WARRIOR DocoMESrs.
IcosCLUDED
x,,lx a NJ U4ye.


lcoScLUDED-l
ar SosIx 20 NJ. Marcy.
INo. TAI LEGATios % rms osiso sfAfhs
Madrid, May 10, 1854
sR have the honor TO transmit enclosed the transa-
ton d note received from her Catholic Majess Minis
Der Of State on the 9Th inst and dated the l,h upon the
subject Of the BLACK Warrior and the translation Of
another Of the date referring TO the other Of
outrage enumerated in my note Of the goth April 10 the
same minister, not yet repaired
This that defnitve resolution OF the subject long
promised BY her Maestys government In answer TO the
reclamation which instructed make the part Of
the government Of the United States.
viii be that this cabinet having found the means
70 eude the claim for indemnity the propreors o. te
vessel by negotiating directly with them and ny the con-
cson Of privileges their line OF steamers heretofore de-
MED and of value them perhaps, than any ss
mate OF their losses by the detention OF the Black VAR
ror, imagine that the affair will be allowed 10
drop by the government Of the United States on the asu
that offence intended TO be offered TO our
flag The history ofsmiar recamaons before made upon
this government by is only too well CALCULATED 70
confirm them in this belief which have found imposs-
have addressed the Minister of State under date Of to-
day merely acknowledging the receipt Of his notes and
saving that shall send copies OF the same TO my govern
ment without delay.
have the honor be- with the highest respect Pc, SIR
your obedient servant PIERRE SouLE.
Secretary Of State
fTran-ia,ioul
Fiasr DEPARTMENT or SrArE,
Political Bureau, Palace, May n 1854.
My DEAR SIN In Of the lIth, 18TH and 18th
Of last month had the honor to you that the
receipt Of the authentic and complete information which
was expected Havana would acquant you with the
determination of her Maestys government relative the
disagreable OF the detention and embargo AT
that port OF the steamer Black Warrior
This information has just arrived and the having
been carefully examined by her Maestys in
spirit of impartaity and Of justice proceed TO state to
you the facts which elected from its perasa and TO
submit to your enlightened Judgment the remarks which
the has suggested.
On the 2sth OF February when the aforesaid
rived said port her consgnee Mr. Tying applied TO the
cusomhouse requesting be entered in ballast by pre-
sentng manifest in accordance with that declaration IN
which only mess articles were mentioned and finally .he
begged for the clearance papers reatrming that the yes
sci sailed in baast being proper to remark that AT the
visit OF inspection according to the provisions OF the first
article of the castomhousc regulations IN re az eeer q
The rerenue handed 10 The captain copy q ne rates and obj
cations uch he ought 10 conform Ike all other merchant
vessels; and notwithstanding hich neither himself The
sought 10 make additions The false manifest rin
tie Legal period Of lime.
The collector Of customs before granting the request for
the cearancepapers directed the commandment of earabi
nier to visit the and make that
she did not in fact carry any cargo but there having
been found board large number OF bales of cotton,
which she had shipped at Mobile for New York as It was
stated her departure prevented and judicial proceed
ngs commenced because according TO the l9oh
ce of the aforesaid regulations the captain had incurred
the penalties specified in article l62
BY decree Of the court they then proceeded
discharge and away the cotton which the captain
tried prevent concluding by abandoning the vessel and
contempt for the authorities OF the country.
This the why the collector OF customs with
the previous of the general superintendent Of
finances invited the consgnees in polite
agent who their representative should assist at that
operation and TO comply with other ormalities which
Indispensable in order leave the free hut
this oea pure matter of favor the object of which
simply to avoid any injury being done passengers and
to the consignees themselves--was not accepted.
In the meanwhile the consignee appealed the supern-
tendent general openly conessing the error attrbutng
the same to ignorance and requesting as favor that
duties should be exacted from the than what
would have to be paid by any other vessel with
manifested as in transit document No. ~
The superintendent general however thought that he
could not accede to this request both of respect for the
law and because judicial proceedings having commenced
il not incumbent upon him decide in the matter
requested do and above ALL because the plea Of gno-
in regard to usages and language not in his
opinions admissible seeing that the captain of the
or had not only received his arrival printed copy
the instructions which is placed in the hands of ALL drawn
up in Spanish, English and French but that he had de-
clared in writing that he had been notified of the obiea-
tons imposed upon him by said instructions and the pen
allies he would incur by failing to observe the same
tho. ~
The superintendent therefore, merely ordered the petit
ton to be added to the bill of proceedings.
The operation of dischargng being over it was found
that the Black Warrior had board s5 bales of cotton
various packages of provisions and other articles
traffic shipped at Mobile and at Havana destined for New
The Tooth article Of the custom-house regulations in
force provides follows The captain of every vessel
national or foreigner entering Of the ports Of entry
the island either with cargo ballast either from
Of weather or in transit shall her manifest regis
ter in the and with the formaties prescribed in
these regulations and shall be subject the fines and pen
altes which imposed in the for any violation
its rules ss@l q5s tgf3 44g -sa.s.r.sg4t&
The 62d article says thus After the expiration of the
twelve hours specified in article 10Th for the
addition OF the manifest all packages which have been
omitted in the same shall be confscated; fine Of twice
the amount Of their value being imposed upon
he captain, provided that the of duties paid
Tor the contents Of the package packages conscated
does not exceed four hundred dollars because said du-
es should exceed the above sum- and the articles should
neong or DC consigned to the captain supercar-
go OF the vessel the fine shall take effect and in
place the vessel with her freight and oil other things
pertaining to her. shall be confscated.n
M And the 10th article IL conceived in the following
terms: ,a .sa4ss
III therefore, upon the visit of inspection which should
be made to all vessels before their sailing papers ssned
any excess should be detected in the cargo shall
be conhscaed and fine equal in the value
said excess shall be imposed upon the captain
From these articles you viii perceive are the PEN
ntes which the "Back Warrior has incurredpenalties
which the ntendency court would at have exacted
IT, upon the proposition OF the fiscal ii had thought
proper TO submit the matter, which it did by decree OF
the 18th to the consideration of the administrative power
mos. and 81
On this ground and In view of petition from the cap
tain Of the steamer the opinions Of the fiscal and of the