No. 538.

Mr. Foster to Mr. Bayard.

No. 319.]

Sir: Referring to instruction No. 312, of February 27th last, in regard to the Ocean Pearl, I am now informed by the minister of State that the fine imposed on that vessel by the custom-house of Matanzas, Cuba, has been remitted as to the part pertaining to the Treasury, I inclose copies of the correspondence on the subject. By reference to my note of acknowledgment it will be seen that while I recognize the spirit of equity which has marked the action of His Majesty’s Government, I have expressed regret that it was not thought possible to remit the whole of the fine.

I am, &c.,

JOHN W. FOSTER.
[Inclosure 1 in No. 319.—Translation.]

Mr. Elduayen to Mr. Foster.

Excellency: In reply to your note of the 31st of March last, relative to the fine imposed on the captain of the American vessel Ocean Pearl by the custom-house of Matanzas, I have the pleasure to make known to your excellency that, as my colleague, the minister of ultramar, has informed me, said fine in the part which belongs to the treasury has been remitted.

I improve, &c.,

J. ELDUAYEN.
[Page 719]
[Inclosure 2 in No. 319.]

Mr. Foster to Mr. Elduayen.

Excellency: I have the honor to acknowledge the note of the 5th instant, in which your excellency informs me that your worthy colleague, the minister of ultramar, has condoned the part of the fine which belongs to the hacienda, imposed by the custom-house of Matanzas, Cuba, on the American vessel Ocean Pearl.

I hasten to recognize the spirit of equity which has marked the conduct of his Catholic Majesty’s Government in this matter, and will take great pleasure in communicating the same to Washington. It is only to be regretted that the existing customs regulations prevent, in the opinion of your excellency’s Government, the remission of the whole fine imposed.

I gladly embrace, &c.

JOHN W. FOSTER.