On the 2d of December last the national judge of finance at La Guaira imposed
a fine upon the captain of the Philadelphia of 10,000
bolivars (about $2,000). The judgment having come in regular course before
the high federal court for revision, that tribunal, on the 12th of January,
reversed it on the ground of irregularity of procedure, and sent the case
back for a new trial. I inclose a copy of the decision of the high federal
court and a translation thereof. On the 7th instant the chief of the
executive power, with the advice of his cabinet, granted a pardon to the
ship and her captain, which quashes the proceedings in the courts. (Copy of
the decree and a translation thereof inclosed.)
[Inclosure 1 in No.
23.—Translation.]
The United States of Venezuela. In its name, tribunal of the second
instance of the high federal court.
Examined, together with the information in writing of the national fiscal
of finance. This suit of confiscation was begun by the fiscal
comptroller of the maritime custom-house of La Guayra, denouncing the
fact that the American steamship Philadelphia had
sailed from the port of La Guaira, on the 11th day of November last,
without the legal dispatch papers of the custom-house, whereby it incurs
the penalty of confiscation in virtue of provision of case 10, article
1, chapter 1, law 20, of the code of finance. The national judge of
finance at La Guayra took the declaration of Thomas Golding,
representative of the house of H. L. Boulton & Co., consignees of
said steamship, who said:
That the dispatch of the American steamship Philadelphia, which was done without fulfilling the registry,
that is to say the dispatch paper which the custom-house delivers for
its sailing from port, was ordered to Capt. Chambers by the consul of
the United States of America in accordance with instructions which he
received from his minister, who, considering her having been detained as
she had been for more than twenty-four hours, and being a steamship
carrier of the mails, which is included in the postal treaty, regarded
her like a ship of the American Navy in time of peace and as such could
not be detained; that the agents of the steamship, whom the witness
represents, called in due time to request of the custom-house the said
document, and the same having been refused by the administrator of the
custom-house, in accordance with orders which he had to apply to the
consul reporting to him what was happening, that the agents stood aloof
from the intervention with respect to the dispatch papers of the
steamship, as those of the agency had been put on board in due
season.
He also took the declaration of John Chambers, captain of the steamship,
who stated “that on the 10th day of November aforesaid he landed the
passengers who came to the port of La Guayra, those only remaining on
board who were going to New York; that the administration of the
custom-house demanded of him to land the passenger Mijares; that he
refused to do this because he thought it was contrary to his duties;
that therefore he communicated this to the American consul; that the
latter in turn communicated it to his minister, and after the steamship
had been detained twenty-seven hours the consul, by order of the
minister, dispatched her, supplying sufficient papers for the voyage to
New York.”
Founded on these two declarations, the national judge of finance of La
Guayra pronounced sentence the 2d of December last, in which he
declared, “that it being proven that the steamship Philadelphia sailed from the port without legal dispatch
papers and in virtue of article 2, chapter 2, case 7, law 20, of the
Code of Finance he imposed on Capt. Chambers a fine of 10,000 bolivars.”
Said sentence having come for consultation before this superior
tribunal, it is observed that it does not appear from the record whether
the Venezuelan authorities demanded of the captain of the steamship Philadelphia the surrender of the passenger,
Mijares, nor who was this authority, nor whether the consignees of the
ship requested the dispatch of the custom-house and the latter refused
it and for what motive; nor does the intervention appear to have been
proved which is attributed to the consul of the United States, whose
declaration ought to have been taken, as well as of all those who could
have made known the facts. The judge also ought to have requested of the
customhouse all the documents relative to this matter. The judge did not
comply with that which is ordered in article 28 of the said law 20,
opening the cause for proof, nor with that which said article otherwise
provides. The national judge of finance does not decide in his sentence
whether the steamship Philadelphia has incurred
confiscation or not, because, although he says in his different
considerations that it is proven that the steamship sailed from La
Guayra without legal dispatch papers, and in addition that the captain
has incurred the penalty of case 10, article 1, law 20, of the Code of
Finance, in the mandatory part, he limits himself to imposing on Capt.
Chambers a fine of 10,000 bolivars.
For the reasons explained, and having considered that the errors
mentioned are substantial, administering justice in the name of the
Republic and by authority of the law, the cause is restored to its
summary state in order that the judge who will legally replace the
national judge at La Guayra in conformity with the provision of article
7 of law 21 of the Code of Finance, and who will be called upon to take
cognizance of it, may correct all the irregularities of procedure
mentioned, and declare a new sentence. As it is provided by fifth
article, case 4, of the Organic Law of the high federal court, there is
imposed on the national judge of finance at La Guayra a fine of 250
bolivars for the grave error committed. This fine will be paid in the
administration of the custom-house of La Guayra, in conformity with
[Page 724]
the provisions of article 19,
law 21, of the Code of Finance. Let it he returned in legal form.
Given in the court room of the high federal
court, in the capitol at Caracas, the 12th of January,
1893, twenty-ninth year of the law and thirty-fourth of the
Federation.
- Atilano Vizcarrondo.
- Manuel Rendón Sarmiento,
Secretary.
[Inclosure 2 in No.
23.—Translation.]
United
States of Venezuela, Ministry of Finance,
Direction of
the Treasury and Salt Deposits,
Caracas, April 7,
1893.
Resolved, Having considered in cabinet the
representation made the 17th of February last, in which Messrs. H. C.
Boulton & Co., merchants of Caracas, petition the national
executive, in their character of agents at La Guayra of the company of
American steamships of the Red D Line, to which the steamship Philadelphia belongs, that it would be pleased to
dictate a measure which may definitely terminate the cause which is
pending before the national judge of finance at La Guayra in consequence
of the Supervisor of the maritime custom-house of said port having
denounced that the said steamship sailed from said port on the 11th day
of November of last year without the legal permit of the custom-house,
the chief of executive power, considering the peculiarity of the
circumstances of the case and that the said line has always shown itself
strictly observant of its duties, is pleased to grant pardon to said
steamship Philadelphia and to her captain, John
Chambers.
Let this resolution be communicated to the high federal court and to the
national judge of finance in La Guayra, in accordance with case 2,
article 195, of the Code of Criminal Procedure.
