No. 516.
Mr. Frelinghuysen to
Mr. Foster.
Department
of State,
Washington, October 20,
1884.
No. 274.]
Sir: I have to transmit herewith for your
information and consideration a copy of a communication of the 23d of
August, 1884, from Mr. G. E. Hubbard, United States commercial agent at
Mayaguez, Porto Rico, to Mr. John Davis, Assistant Secretary of State, in
which he inclosed a copy of a royal order concerning the translation of
manifests.
Your attention is especially directed to the statement of Mr. Hubbard that
this order affords no protection against fines or penalties incurred on
account of mistakes in manifests resulting from such translations. It
appears that the masters are compelled to guarantee in all cases the
exactness of translations and be responsible for errors of interpreters. In
view of the fact that the great majority of the masters of United States
vessels are not familiar with the Spanish language, this rule seems
[Page 677]
harsh and unfair, and, if strictly
enforced, will result in great hardships. It seems but just and proper that,
whenever it is made to appear to the satisfaction of the authorities that
the failure to have a correct manifest is due to a mistake in the
translation, no forfeiture or penalty should be incurred.
You are instructed to present the subject to the attention of the foreign
office, with the request that the order be modified to the extent
indicated.
I am, &c.,
[Inclosure 1 in No. 274.]
Mr. Hubbard to Mr.
Davis.
Commercial Agency of the United States,
Mayaguez, Porto Rico, August 23, 1884.
No. 78.]
Sir: I have the honor to transmit herewith a
translated copy of a royal order concerning translations of manifests of
foreign vessels, as published in the Official Gazette of this island on
the 19th instant. In virtue of this order, masters of American vessels
entering this port with merchandise will be obliged to have their
manifests translated at their expense.
It may be pertinent to remark in this matter, firstly, that this expense
will probably be considerable, and secondly, that it does not protect
the master against fines, he being held solely responsible by the
customs officials for any mistakes made by the interpreters in the
translations.
I have, &c.,
GORHAM E. HUBBARD,
Commercial
Agent.
[Inclosure 2 in No.
274.—Translation.]
Royal order concerning translations of
manifests.
The following royal order, numbered 390, and bearing date of the 26th of
July last, has been addressed by the ministry of the colonies to his
excellency the governor-general:
“Most Excellent Sir: As the offices of
the interpreters who were employed by the custom-houses were
abolished by the royal decree of the 13th of June last, as
article 32 of the ordinances consequently remains without
application, and as it seems proper to provide some mode of
procedure to be observed when a manifest is presented in a
foreign language, the correctness of the translation being in
all cases guaranteed; now, therefore, the King (whom God
preserve) has seen fit to annul the provisions of the aforesaid
article 32, and to order that the following be substituted
therefor. When the manifest of a foreign vessel shall be
received by the collector of customs in any language other than
the Spanish, he shall authenticate and seal the same with the
seal of the custom-house, and it shall be delivered to the
consignee of the vessel in order that it may be translated at
the expense of the captain; after which both the original and
the translation prepared in proper form, shall be returned to
the custom-house within twenty-four hours at the utmost.
Translations shall be certified by none but sworn interpreters,
ship-brokers who are also interpreters, and the consuls of
nations with which treaties are in force wherein it is
stipulated that translations made by said officers shall be
entitled to full faith and credit. Manifests of vessels from
Spain shall be sent to the auditor’s office for due dispatch.
If, in the mean time, it shall be thought proper to make fast
the vessel to the wharf, the collector shall so order, giving
notice of this order to the officer in command of the coast
guard.
“I communicate the foregoing to your excellency by royal order
for your information and for the proper
effects.”
And his excellency having this day ordered it to be executed, it is now
published in the Official Gazette for general information.
MANUEL MAESTRE,
Intendant-General of
Finance.
Porto
Rico, August 13,
1884.
