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

Z
port such denial modification In this just
expectation il has been disappointed The communication
Of the Spanish Minister of Foreign Relations drawn as
he declares n the spirit Of mparality and justice from
the information furnished to his government from Cuba by
the very persons fair infer who charged with
having committed the wrongs N the case OF the Black
Warrior If that information warrants the statement Is
made in the reply, then will appear from the examination
propose give them that the authorities at Cuba have
grossly abused the confidence Of their own b
the suppression OF Of the main facts OF the case and
the peryersion of others Instead of reporting the
accurately they have pamed upon their government
defence OF their conduct with very little respect TO what
really took place
The important features of the presented by
the Spanish government unsustaned by any evidence
whatever That government ought to have been aware
that to statement of facts authenticated by evidence
contradiction having for augh that appears bet
ter foundation than the bare assertion of subordinate oh
cas implicated the perpetrators OF the alleged outrage
would be entirely unsatisfactory to this government The
disngenuous OF of the language OF the
agents of the Of the Black Warrior used in their
efforts 10 the property from the grasp Of the Cuban
authorities does not improve the furnish any evi
dence that there is disposition the part Of Spain TO
meet the just requirements of this government
In the attempt to procure the release OF the Blac ar
ror and the remission Of the fine of six thousand dollars
these agents used expressions which have been un
fairly construed by the Spanish government into ad
mission that the laws had been violated and the
penalty of confscation justly incurred This is not the
fair import of their language They only admit that they
ignorant that the law as then attempted to be en-
forced against them applicable TO the of the
"Black Warrior; and well might they aege that igno-
when ii appears that those who appointed
by the Spanish government that law did not
know that applicable that In the appeal of
these agents to the superintendent general OF the revenue
for the release OF the property they concede that the mani
fest presented to the cusomhouse officers the arrival of
the "Black Warrior in port the trip in question,
not in form such then required and that they
ignorant that the manifest not made in legal
and proper manner and they assign for the inn
puted that the cargo in transit entered in the
way former occasions. The proof shows that
the form of entry adopted by the approval and the
direction of the custom-house officers The fault which
the agents admitted the captain had committed was the
omission enter the manifest the cargo then
qured but such OMISSION if it may be Called
had occurred in other trips without exception being taken
to it by the cusom-house officers. Though it is not so
stated in the application of the agents the supernend
general the evidence laid before the Spanish govern
ment shows that the omission made with the know-
edge and by the direction of the visiting officers of the
customhouse aud that these officers when they the
direction knew there was transit cargo on board The
language used by the agents of the Back Warrior does
not imply admission that the penalty sought to be en-
forced against that vessel and her cargo had been incur
red; but the contrary they claim exemption from it
because they had done what they supposed the law requ
ed But the admission could be fairly construed to
than have attributed it, the aspect of the case
far as national questions and injuries to other individuals
than the involved, would not be changed.
What the agents of these have done said
obtain relief from runous exacons cannot be permitted
overrue the weestablished facts of the These
facts must settle the true character of the transaction and
furnish the only grounds for the justification the ncu
patton Of the Cuban authorities.
interested in the affair and their claims not to be
promised by the these agents fit to take for the
purpose Of recovering the property illegally seized
As to the facts in relation to the first point which shall
consider there does not to be much disagreement
The Black Warrior packet ship performing voy
ages between New York and Mobile touching each trip
the port of Havana but not employed in "the
of Importation at that place. She had been engaged in
this service eighteen months and had touched at that port
hirysx times for the purpose of delivering and receiving
mail and landing and taking passengers on board AT
each time with scarcely exception she had cargo
der the matches in transit for the American port to which
she bound This part of the cargo had been mani
tested former trips ballast On every arrival Ha-
the vessel had been visited by the customhouse Off
GERS 1t a fact of which these officers gno-
rant, that the Black Warrior" had usually freight
board in transit from American port to the other
Were there proof Of that fact it would be fair to pre-
that they had such knowledge and that they sanctioned
the mode in Of manestng tho cargo by not taking
exception to it on any former occasion The captain and
the consgnee had to believe and the conduct of the
officers furnished sufficient grounds for their be-
lief that manifest in that form compliance with the
laws Of that port But this is not matter of
inierence 1t is established fact.
will refer to document file in the custom-house at
Havana which shows that the officers only did
know that the Black Warrior had transit cargo
board when she touched at Havana her several trips
but that they the first to describe the transit cargo
baasn the manifest and directed that term to be used
in the entry of it upon the manests thereafter to be pre-
sented
The first time the Black Warrior touched at Havana
with transit cargo board 1.-THE lth of September
1887 the captains entry the manifest in these
words "No cargo 10 be landed at Hapana all in transit
Then followed description of the ship stores deck
The translator of the custohouse rendered these
expressions in Spanish asfoows Lastrs rancho which,
accurately translated, "baast and ship stores" Mr.
Tying he states upon OATH directed by the collector
make the entries of the transit cargo in future bal
last and also requested direct the captain of the
" Black Warrior to make the entry in the form
Similar directions also given by the customhouse
officers the commanders and agents of other
touching at Havana with transit cargoes board The
statement here made as to the manner in which the word
ballast introduced into the manifest of the Black
Warrior descriptive Of the cargo in transit is proved
by the original manifest of that vessel dated the 9Th of
September and the endorsements thereon made by the
officers at Havana Thus it clearly appears that the
very officers appointed by the Spanish government ex
ecute the laws acquieced in this mode of compliance with
them The practice OF entering the transit cargo bal
last sanctioned and directed by the Spanish officers charged
with enforcing the regulations at Havana
without from if fully sustained by
the law itself The caption Of the regulations placed in
the hands of the captain Of the Black Warrior
rival in the port of Havana not only her last hu, all
previous trips is follows Rules for the government Of
captains and sapercdrgoe Of Spanish and foreign vessels that
may engage IN The q importation INFO The open ports
Of the ISLAND Of Cabap
The Black Warrior being packet-shp employed in
trade between two American ports and merely touching
Havana with mail and passengers could hardly be
sidered vessel engaged in the Of importation
into the open ports Of the island of Cuba If the officials
AT Cuba did not t to apply this regulation the
manifest 10 that vessel the censgnee and captain might
properly infer that il not strictly applicable such
vessel Whether applicable not II those who were
charged with the execution Of the laws at Havana
forbore for eighteen months and during hrhve trips
enforce the rule In regard to the form Of the manifest
might well be regarded by the agents OF the Black War
rior7 napLcable to that vessel but originally in