Mr. Gresham to Mr. Taylor.

No. 196.]

Sir: Referring to the Department’s instruction No. 190,1 of the 14th instant, in a similar case, I inclose herewith copy of a letter received from Messrs. Máicas & Co., of New York, and copy of a dispatch from the U. S. consul-general at Havana, in relation to the action of the customs authorities at Cienfuegos, Cuba, in imposing a fine of $500 for a clerical error in the ship’s manifest of the steamer Cienfuegos.

Inasmuch as, in this particular case, the error in the manifest was discovered by the shippers before the arrival of the steamer at Cienfuegos, and was reported by them at once, it appears to be a strong case on which to make issue.

You are instructed to press vigorously for some action on the part of the Spanish Government, and to insist upon receiving an expression of opinion in this case, which appears to be an exceptionally hard one in the long list of similar exactions.

I am, etc.,

W. Q. Gresham.
[Page 588]
[Inclosure 1 in No. 196.]

Máicas & Co. to Mr. Gresham.

Sir: The undersigned, Máicas & Co., commission merchants, established in this city at Nos. 104 and 106 John street, respectfully depose and say that they shipped on the 2d instant per steamer Cienfuegos, bound to Cienfuegos, Cuba, 60 bags flour, weighing 5,400 kilos. By an oversight the weight was put on the bill of lading as being 540 kilos. Two days after the sailing of the said steamer Cienfuegos the error was detected, and immediate notice thereof given to the Spanish consul at this city, with the request to report the case to the intendente at Havana, for proper rectification of the custom-house manifest upon the arrival of the said steamer Cienfuegos at the port of destination.

Deponents are now informed that the intendente refuses to act in the matter, as requested; and as this refusal entails the imposition of an unjust fine amounting to more than the value of the flour, deponents respectfully claim the intervention of the Department of State, on the ground of their United States citizenship, and the fact that no forethought or attempt at defrauding the Spanish treasury can be alleged by the Spanish authorities, since the error was frankly acknowledged six days before the arrival of the above-named steamer Cienfuegos, all of which can be ascertained by official investigation.

With our sincere thanks in advance for this signal favor, and the assurance of our respect and consideration,

We are, etc.,

Máicas & Co.
[Inclosure 2 in No. 196]

Mr. Williams to Mr. Uhl.

No. 2331.]

Sir: I have the honor to acknowledge the receipt of the Department’s instruction No. 989, of the 24th ultimo, in relation to the fine of $500 imposed by the custom-house of the port of Cienfuegos for a clerical error in the shipping documents of 60 bags of flour sent by Messrs. Máicas & Co., of New York, on the 2d ultimo, by the steamer Cienfuegos to that port.

In explanation of the facts of the case I now inclose a copy of the report of our consul, Mr. Dinsmore, at Cienfuegos. From this it appears that the consignee or importer of the flour, Mr. Jose Maria Alonso, a resident merchant of Cienfuegos, gave information of the error in question to the intendant before the arrival of the flour. And in compliance with your instruction I have called on the intendant in solicitation of the condonation of the fine, in support of which I explained to him the means afforded to Spanish exporters by the customs regulations of the United States for the removal or remission of fines for clerical errors; but with his usual affability he assured me that under paragraphs of article 8 of the customs regulations of this island it is reserved solely to the colonial minister to condone fines for reasons of equity, with whom recourse might be had through our legation at Madrid.

I am, etc.,

Ramon O. Williams,
Consul-General.
[Page 589]
[Annex to inclosure 2 in No. 196.]

Mr. Dinsmore to Mr. Williams.

Sir: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, in regard to a fine levied by the customs authorities here upon a shipment of flour from New York on the 2d of August, by the steamship Cienfuegos, of this city, by Messrs. Máicas & Co., and also the copy of their letter to the honorable Secretary of State, inclosed. Your communication reached me at 7 p.m. yesterday, and I invesgated the matter this forenoon as directed, and I beg leave to report as follows:

  • First. The consignee of the flour in question is Don José Maria Alonso, No.—Santa Ysabel street, this city.
  • Second. A fine of $500 was imposed by the customs authorities.
  • Third. The consignee does not know upon what article or paragraph of the customs regulations the fine was imposed.
  • Fourth. Answered under No. 2.
  • Fifth. The fine has not been paid, but is treated as paid by the collector; this is given me in confidence.
  • Sixth. The consignee wrote to the intendente at Havana through the custom-house there, explaining the matter, and showing that it was occasioned by a clerical mistake, i. e., writing 540 kilos instead of 5,400 kilos, and showing further that the collector of customs here was notified by cable of the mistake before the arrival of the Cienfuegos at this port. Notwithstanding this statement, the intendente, as consignee is informed, instructed the collector of this port to collect the fine. So far the consignee has done nothing more by way of defense, but he says he will protest formally against the payment.

The consignee says further that if the order for the collection of the fine is not promptly revoked he will have to pay it; that he will ascertain to-morrow or next day, the 4th or 5th instant, under what article and paragraph the fine is assessed, and will report to me, which information I will transmit to you as soon as obtained.

I am, etc.,

James H. Dinsmore, U. S. Consul.
  1. Not printed.