[Inclosure 1 in No. 378.]
Mr. Williams to Mr.
Hunter.
Consulate-General of the United States,
Havana, July 18, 1885.
No. 231.]Sir: I beg to inclose, for the information of
the Department, the copy and translation of a communication, dated the
7th instant, which by order of his excellency the governor-general of
the island, bas been addressed by the political secretary of the island
to this consulate-general, informing it of the decision of the Madrid
Government in the case of the fine of the $2,000 imposed last January,
at Matanzas, on the American bark Ocean Pearl, for the delivery of ten
empty hogsheads less than the number of two
hundred and forty-five called for by the manifest.
It will be noticed that his excellency confirms what the Department has
already
[Page 741]
learned from our
legation at Madrid, namely, that the King has been pleased to condone
that part of the hue pertaining to the treasury of the island. But this
decision would seem to leave the inference that the part claimed by the
employés is yet uncondoned by the Government of Spain, and that in
consequence they still remain with the right to collect their part. If
such is the intention of the decision, it will be difficult to
comprehend how the employés can collect from the Ocean Pearl their part,
without appealing to the government of the island for the enforcement of
the payment through the exercise of coercive measures, since they
themselves possess no means to this end.
Again, the Government of Spain, having once renounced Us own rights in
the case, the legality of the rights of the employés becomes very
questionable, since it must necessarily spring from out of that
belonging to their Government, and the cause by relinquishment of the
Spanish Government having ceased, the effects ought naturally to expire
with it. Under these circumstances the Government of Spain could hardly
enforce the pretensions of its employés with respect to the vessel when
it does not maintain its own, or, reversing the terms of the
proposition, were the vessel in this case a Spanish vessel in the port
of New York, the Government of the United States would scarcely enforce
the collection of the claim of its New York custom-house officers after
having given up its own.
In the several interviews I had with the intendant-general of finance on
this affair last winter, his excellency expressed himself each time very
clearly in condemnation of the unjust interpretation of the Matanzas
employés in their application of the customs regulations to this affair,
and regretted it was not in his power to quash it entirely, for by
paragraph 5 of article 121 of the present tariff, in case the difference
of weight delivered had reached 10 per cent., the fine should have only
been $10.
The injustice of this fine will be at once apparent, if we take into
consideration-its disproportions to the amount involved. The value of
the two hundred and forty-five empty molasses hogsheads, at their market
price in Philadelphia, at the most, of $1.50 each, would have amounted
to $367.50. At the same price the ten missing hogsheads would have been
worth $15, and the import duties on these, at 56 cents, only $5.60; yet,
for this trivial discrepancy of only (10/245) .04 per cent of the number
of hogsheads manifested—a fine of $200 for each empty hogshead has been
imposed, and although the Government of Spain has abandoned its part,
yet the Matanzas employés may still continue to claim their share of
$100 for each of the ten empty hogsheads delivered short.
In view of this possibility I beg to await the instructions of the
Department.
I have, &c.,
RAMON O. WILLIAMS,
Consul-General.
[Inclosure 2 in No.
378.—Translation.]
Mr. Cassá to Mr.
Williams.
Intendancy-General of Finance of the Island of
Cuba,
Havana,
July 7, 1885.
By instruction No. 551 of the colonial ministry, dated the 9th of May
ultimo, his excellency the governor-general has received the following
royal order:
“Excellency: Referring to your
excellency’s official note, No. 345, of 15th April ultimo, and
to the proceedings (expediente) thereto
annexed, relative to the line imposed upon the captain of the
American vessel called Ocean Pearl by the customs authorities of
Matanzas, the King has been pleased to condone that part of said
fine pertaining to the treasury.
“Which, by royal order, I communicate to your excellency for your
information, and for its corresponding effects.”
And his excellency the governor-general having ordered compliance
therewith on the 8th of June ultimo, I transcribe the same to you for
your information, having likewise to inform you that under this date the
necessary instructions have been given to the end indicated.
God guard you many years.
