No. 563.
Mr. Foster to Mr.
Bayard.
Legation of
the United States,
Madrid, August 29, 1885.
(Received September 12.)
No. 401.]
Sir: Since my No. 326, of June 19 last, reporting
the presentation of the application for the remission of the fine levied on
the Charles L. Pearson by the custom-house of Cienfuegos, Cuba, I have twice
conferred with the minister of ultramar on the subject, who at my request
agreed to give it special attention.
I am now happy to report that I have received information through the note of
the minister of state of the 25th instant, of which a copy and translation
are inclosed, that the fine has been condoned.
Of my reply in acknowledgment of its receipt, I also transmit a copy. It will
be noted that the Spanish Government lays considerable stress upon this act
as a manifestation of its desire to gratify our Government, and directs
attention to the fact that it is not to be accepted as a precedent in
similar cases, for the reason that it exercises an injurious influence on
the national shipping and is prejudicial to the treasury. In an interview
which I had with the minister of ultramar to day, he stated that he had no
recollection of a similar fine imposed in Cuba upon a Spanish vessel ever
having been condoned.
He also informed me that the whole of the fine, $500, had been remitted, as
the informers did not in this instance participate in the moiety.
I am, &c.,
[Inclosure 1 in No.
401.—Translation].
Mr. Elduayen to Mr.
Foster.
Ministry of
State,
Palace,
August 25, 1885.
Excellency: Having duly transmitted to the
ministry of ultramar your excellency’s note, dated the 19th of June
last, relative to the fine of $500 imposed at Cienfuegos upon the
captain of the American hark Charles L. Pearson, for absence of consular
[Page 757]
visa, said ministry
informs me that in view of the circumstances of the case, and especially
of the generous desires of His Majesty, it has been decided to condone
the fine referred to; and it takes note, moreover, that such
graciousness, which has already been exercised on various occasions and
which proves the lively desire always felt by the Government of His
Majesty of showing the most cordial friendship for that of the United
States, can neither remotely establish a precedent in law or in any
well-founded and reasonable manner be cited as a claim to further
condonations, which would result very disadvantageously for the national
commerce, the liability of which in analogous cases is always enforced,
and would likewise be opposed to the exercise of bona
fide commerce and to the interests of the treasury, which find
security only in the faithful and exact compliance with the customs
regulations.
In having the honor of giving this information to your excellency,
I avail, &c.,
[Inclosure 2 in No. 401.]
Mr. Foster to Mr.
Elduayen.
Legation of the United States,
San Ildefonso, August 27,
1885.
Excellency: I have the honor to acknowledge the
receipt of your excellency’s note of the 25th instant, in which you
convey to me the gratifying information that His Majesty’s Government
has ordered the condonation of the fine imposed upon the American bark
Charles L. Pearson by the custom-house of Cienfuegos, Cuba.
While recognizing the generous and friendly spirit which has animated
this action of your excellency’s Government, I will bring to the
attention of my Government the views set forth in your note by
forwarding a copy thereof to Washington without delay.
I avail, &c.,
