Mr. Gresham to Mr. Taylor.
Washington , January 23, 1894 .
Sir: I have received your No. 105, of the 11th instant, in regard to fines imposed on vessels in Cuba for clerical errors in manifests, in which you acknowledge the receipt of instructions Nos. 65, 67, and 75. Stating that you have transmitted a copy of the decision of the committee of arbitration in the matter of the fine of $2,400 imposed on the steamer City of Washington, which was inclosed in the Department’s No. 75, to the minister of state, and calling attention to the fact that fines aggregating $944 for unimportant errors in twelve different manifests remain undisposed of, you inquire whether instruction No. 65 remains in full force as to these fines not embraced in the arbitration, and whether you [Page 587] shall prepare a statement as to them under instruction No. 65, referring only incidentally to the fine of $2,400 already disposed of.
In reply, I have to state that the decision of the committee of arbitration in Havana upon the fine of $2,400 was sent to you for transmission to the Spanish Government, because the opinion of the arbitrators agreed with the views of the Department upon the subject expressed in instruction No. 65 of December 9, 1893. It was forwarded as evidence, and not with any intention, of superseding that instruction either as regards the remaining fines levied upon the Ward Line of steamers or the general question of fines for mere clerical errors in manifests of vessels where there is no suspicion of fraudulent intent.
The Department desires that the whole subject of the lack of reciprocity in the treatment of American vessels in Spanish ports, aside from the demand for the return of the particular fine, be brought to the attention of the Spanish Government in accordance with the terms of the instruction referred to above. It would, therefore, be advisable to discuss the general subject in a separate note, and, at the same time, referring to this note, to give in another note the details of the particular fines as examples of the abuse complained of, and to ask for a reversal of the decision of the Cuban authorities. In addition to the remaining fines upon the consignees of the Ward Line, enumerated in the inclosure to the above instruction and amounting to $944, the legation has since been instructed regarding other fines in the Department’s No. 79,1 of January 6; No. 82,1 of January 12, and No. 86,1 of January 20. These all belong to the class of fines under consideration, and, with a reference to the note containing the general discussion, may be presented in separate notes at the same time and in the same way.
I am, etc.,