No. 534.

Mr. Bayard to Mr. Foster .

No. 343.]

Sir: I inclose copies of dispatches from Havana, touching the imposition of a fine of $500 upon the American bark Charles L. Pearson, by the customs authorities of the port of Cienfuegos, for a failure to have the manifest properly visaed. I also inclose a copy of instruction No. 61 of May 5 last, to Consul-General Williams, giving the views of this Department in the case.

You will endeavor to procure the remission of the fine on the ground of the absence of any fraudulent intent in the premises.

I am, &c.,

T. F. BAYARD.
[Inclosure 1 in No. 343.]

Mr. Williams to Mr. Porter .

No. 160.]

Sir: I have the honor to inclose the translated copy of a communication I sent to his excellency, the intendant-general of finance of this island, dated the 17th instant, in consequence of a fine of $500 reported on the 14th instant, by our consul, Mr. Pierce of Cienfuegos, as having been imposed upon the master of the American bark [Page 713] Charles L. Pearson of Boston, Mass., arrived at that port with a cargo of coal from Sunderland, England, because the manifest was not visaed by the local authorities in the absence of an appointed Spanish consul at the said port of her departure.

The captain was not aware that, according to the local custom laws of Cuba, at a port where there is no Spanish consul, it was exacted of him to have his manifest authenticated by the city authorities; and it is quite likely that the authorities of Sunderland were also as ignorant of this Cuban law as the captain himself.

I will keep the Department informed of the progress of this case.

I have, &c.,

RAMON O. WILLIAMS,
Consul-General.
[Inclosure 2 in No. 343.—Translation.]

Mr. Williams to Mr. Ruiz .

Excellency: I have the honor to inform your excellency that the consul of the United States at Cienfuegos reports, under date of 14th instant, that the American bark Charles L. Pearson arrived at that port from that of Sunderland, England, has been fined in the sum of $500 by the collector of the customs of Cienfuegos, for not having brought her manifest visaed by the Spanish consul at Sunderland, while in reality the Government of Spain as yet has appointed no consular officer at that port.

In consequence, the captain of this vessel has protested, under date of 13th instant, before the consul aforesaid, basing his action upon the fact that, upon clearing from the British custom-house, he was informed by the officers thereof that the Spanish Government had no appointed consul at that port, and that it sufficed, for his legal entry at the port of Cienfuegos, to present the clearance of the collector of customs of the port of departure of his vessel. These authorities did not inform him that any other measures were necessary upon his clearing from the port of Sunderland for that of Cienfuegos; undoubtedly for the reason that they themselves were not aware of the fact. Neither was the captain cognizant of the said requirement, because he had never seen it published that, in the absence of a Spanish consul, the local authorities should certify to his manifest.

Therefore, and in view of the many analogous cases which your excellency has decided, I have respectfully to ask that your excellency be pleased to declare the said fine of $500 to be unfounded, instructing the collector of customs of Cienfuegos at the same time not to enforce the collection.

I have, &c.,

RAMON O. WILLIAMS,
Consul-General.
[Inclosure 3 in No. 343.]

Mr. Williams to Mr. Porter .

No. 174.]

Sir: With reference to my dispatch, No. 160, of the 23d ultimo, notifying the Department of the imposition of the fine of $500 on the master of the American bark Charles L. Pearson by the collector of the port of Cienfuegos for not having had his manifest visaed by the local authorities of Sunderland, England, her port of departure, I have now the honor to inclose, for the information of the Department, copy of my communication to the intendant-general of finance, which after, several conferences with the view of obtaining the condonement of this fine, and; in accordance with the only terms of agreement that I was able to obtain from him in the settlement of this question, I addressed, and presented him in person yesterday. As you will be pleased to observe, the captain will have to deposit the $500 with our consul at Cienfuegos, who, in consequence, will give bond to the collector of that port, leaving the case subject to the decision of the minister of the colonies, under hearing of the representations of our minister at Madrid.

According to paragraph 4, herein referred to, of the general ordinances of the customs of this island, the authority is only given to the minister of the colonies to condone, for reasons of equity, the penalties imposed for infraction of the laws and regulations of the customs.

I have, &c.,

RAMON O. WILLIAMS,
Consul-General.
[Page 714]
[Inclosure 4 in No. 343.]

Mr. Williams to Mr. Ruiz .

Excellency: With reference to the case of the American hark Charles L. Pearson, from Sunderland, England, with coal, which vessel arrived at the port of Cienfuegos on the 12th day of April last past, upon whose captain a fine of $500 has been imposed by the collector of customs at the said port, for not bringing his manifest visaed by the local authorities of Sunderland, in the absence of an appointed Spanish consular officer there, I have now again to invoke your excellency’s worthy attention, and to ask that, in view of the decision rendered heretofore in like cases, and in consonance with title 2, article 7, paragraph 4, page 11 of the General Ordinances of the Customs of this island, your excellency be pleased to order that the collector of customs of Cienfuegos shall accept the bond offered by the consul of the United States at that port, and secured by a money deposit by the master with him, the said consul, of like amount, to await decision of the question by his excellency, the minister of the colonies at Madrid, after hearing the representative of my Government.

I have, &c.,

RAMON O. WILLIAMS,
Consul-General.
[Inclosure 5 in No. 343.]

Mr. Porter to Mr. Williams .

No. 61.]

Sir: I have to acknowledge the receipt of your dispatch No. 160, reporting the imposition of a fine of $500 upon the American bark Charles L. Pearson, of Boston, by the customs authorities of the port of Cienfuegos, for the failure to have her manifest properly visaed.

In reply, I have to say that the fine appears to have been correctly imposed, and it is not supposed the collector of customs at Cienfuegos had any discretional authority to suspend compliance with the strict letter of the law; but the case is one where, on complete absence of intent on the part of the captain to evade the law, the element of bona fides should intervene as a matter of equity to save him from the penalty, and it is hoped that your appeal for superior clemency will be successful.

I am, &c.,

JAS. D. PORTER.