Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873
No. 426.
General Sickles to Mr. Fish.
Madrid, October 23, 1873. (Received Nov. 12.)
Sir: Referring to my dispatch No. 757, of the 17th instant, in relation to the concerted action taken with the representatives of England and Sweden in this capital, with reference to the existing system of customs, regulations, and fines in Cuba, I have now the honor to forward herewith copies of the notes sent in to this government by Mr. Layard and Mr. Lindstrand on the 16th instant, in pursuance of our agreement.
I am, &c.,
Mr. Layard to minister for foreign affairs.
M. le Ministre: It has been my duty, acting under instructions from my government, to call the serious attention of the Spanish government, on various occasions, to the injuries inflicted upon British trade and shipping in Cuba in consequence of the fines imposed upon ship-masters by the custom-house authorities in that island for alleged violation of the customs laws and regulations. It is unnecessary for me to recapitulate the many complaints, on the part of British ship-owners and ship-masters, which I have been compelled to submit to the department of state with reference to this subject. Some of them still remain unredressed. But I would especially refer your excellency to a memorandum, dated the 14th December of last year, which I placed in the hands of Señor Martos, then minister for foreign affairs. Unfortunately, hitherto, notwithstanding the repeated representations and remonstrances of Her Majesty’s government, the system of levying fines on foreign shipping in Cuba, which has led to so much injustice and to such grave hardships, has not been essentially modified; and even when the supreme government, recognizing that injustice and those hardships, has given orders that fines wrongfully levied should be remitted and repaid, its orders have either not been obeyed, or years have elapsed before the sums thus extorted have been returned.
I particularly beg to call your excellency’s notice to the fact that the fines imposed upon the British vessels Evening Star and San José — so far back as June, 1869, in the case of the latter vessel—as far as I am aware have not to this day been repaid, notwithstanding the repeated remonstrances of Her Majesty’s government and the repeated orders sent by the supreme government to the Cuban authorities for their repayment.
The great difficulty, I might almost say the impossibility of satisfying the alleged requirements of the Cuban custom laws, and of escaping the imposition of heavy fines, although there may be no intention whatever on the part of ship-masters to evade the revenue laws, but on the contrary every desire to comply with them, is partly caused by the many successive and contradictory orders, decrees, and circulars that have been published from time to time during the last few years, commencing from the royal order of 1st July, 1859. It is scarcely possible to ascertain what regulations are actually in force. It now appears that the English and French translations of the decree of 1867, containing the rules to be observed by the captains and supercargoes of vessels in Cuba, published officially by the Spanish government, differ essentially from the original, and ship-owners and ship-masters have consequently been led into error by trusting to those translations, and have inadvertently exposed themselves to heavy penalties.
With reference to the fines imposed for mistakes, omissions, or other irregularities in the ship’s manifest, ship-owners and ship-masters complain that, by the Cuban customs regulations, they are unjustly made to suffer for the acts of others, over whom they cannot have any control. In making out their manifests, they are entirely dependent on the shippers of cargo for information as to the weights, values, and contents of packages shipped; yet, in consequence of false or inaccurate descriptions given of consignments, fines are imposed on their vessels, often largely in excess of the freight received. It [Page 1046] would be just that, whenever the manifest and the bill of lading agree, and the contents, weights; or value of any package he found on examination to differ from the descriptions of the same in the manifests, the penalty thereby incurred should be imposed on the goods in the said package, and not upon the vessel.
It further appears that the custom-house authorities at the several ports in Cuba place different constructions on the laws and regulations prescribing the form and contents of a ship’s manifest. Thus fines have been imposed in one port for stating that for which fines were imposed in another port for omitting. As it is required that the manifest shall be certified in duplicate by the Spanish consul at or nearest to the port of shipment, the manifest thus certified should be accepted in any of the ports of Cuba as regular and sufficient in form. It, however, sometimes happens that fines are imposed upon vessels for an error or oversight committed by the Spanish consul himself; surely this is not just or reasonable.
It is likewise stated that ship-masters are only informed at the last moment before the departure of their vessels of fines imposed upon them; usually when application is made at the custom-house to clear the ship for another port. The vessel may consequently be indefinitely detained, and the owners exposed to the most serious loss and inconvenience, unless the fine, however unjust, be paid. It would seem reasonable that the custom-house authorities should make known to the captains or supercargoes of vessels all fines for irregularities in ships’ papers within forty-eight hours after those documents shall have been delivered to the proper officer.
With the utmost desire on the part of ship-masters to conform to the requirements of the custom-house authorities in filling up the ship’s manifest, they find it almost impossible not to afford some pretext for the imposition of fines, varying from $25 to $500. The most trifling mistakas or omissions, a mere verbal inaccuracy, expose them to heavy penalties.
There are certain points, however, upon which it is highly desirable that the supreme government should issue some distinct and authoritative declaration in order that doubts raised by the various interpretations given to existing orders and decrees should be removed. The principal appear to be:
- 1.
- Is a third manifest necessary in addition to the two required to be certified by the Spanish consul?
- 2.
- Is it necessary that foreign vessels should state their tonnage according to Spanish measurement?
- 3.
- Is it enough that the manifest state generally the class of merchandise, comprising the cargo, with the marks, numbers, and weight of packages, or must the contents of each and every package be particularly described? I would venture to suggest that whenever the manifest and bill of lading agree, and the contents of the packages are found, on examination, to differ materially from the description of the same in the manifest, the penalty thereby incurred should be imposed upon the goods and not upon the vessel.
I would further submit, to the end that foreign ship-masters entering Cuban ports may be relieved from the hardship and vexation of so many penalties imposed for trivial informalities in the manifest, that the certificate of the Spanish consul at the port of departure should be accepted as a sufficient authentication of that document. I would also suggest that the custom-house authorities in Cuba should be directed to make known to the captains or supercargoes of vessels all fines for irregularities in ships’ papers within forty-eight hours after they shall have been delivered to the proper officer.
I heed scarcely assure your excellency that Her Majesty’s government, in instructing me to place before your excellency the above suggestions, has no desire whatever to question the right of the Spanish government to make and enforce such laws and regulations as it may consider necessary for the protection of its revenue. Her Majesty’s government is convinced that it will be for the interest of both Spain and England, and will tend to the development of the legitimate commerce between them, if all unnecessary difficulties thrown in the way of British ship-owners, such as those I have described, be removed. It is, therefore, with confidence that I submit the foregoing statement to your excellency’s enlightened judgment, believing, at the same time, that as his excellency, the minister for the colonies, is about to proceed on a mission to the Antilles, the moment is especially opportune for inquiry into a matter which so intimately concerns the friendly intercourse between the two nations.
I avail, &c.,
His Excellency the Minister of State, &c., &c., &c.
Mr. Lindstrand to Mr. Carvajal.
Mr. Minister: In a dispatch which I have just received, the government of the King, my august sovereign, referring to the desire expressed by that of the United States of America to obtain its co-operation in the representations which the minister of the United States at Madrid has been instructed to make to the Spanish government concerning the customs laws of the island of Cuba, instructs me to co-operate in such measures as it may be deemed necessary to adopt for the purpose of securing a modification of these laws.
While I have the honor hereby to obey this superior order, I think that it is not necessary for me to enter into any minute statements, inasmuch as the motives set forth in the note of General Sickles of this date are entirely in harmony with the views of the government of the King. The necessity of a simplification of the custom-house regulations, as well as of a mitigation of penalties, are therein clearly demonstrated; the obstacles which these laws place in the way of the development of international relations are constantly giving rise to complaints, which daily become more urgent on the part of merchants and navigators, and it is evident that the adoption of a new régime, which will do away with all annoying and superfluous formalities, and proportion the penalties inflicted to the offense, cannot fail to exercise the most salutary influence upon commerce between the island of Cuba and foreign countries. The time seems to me to have arrived for the introduction of the desired reforms, and I feel confident that the Spanish government, desirous of giving us evidence of the lofty sentiments which actuate it, will view this step with favor, and adopt a decision in accordance with the legitimate desires of those interested.
I avail myself, &c.,
His Excellency M. De
Carvajal,
Minister of
State of Spain, &c., &c., c.