Mr. Gresham to Mr.
Taylor.
Department of State,
Washington, September 22,
1894.
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.,
[Page 588]
[Inclosure 1 in No.
196.]
Máicas & Co. to
Mr. Gresham.
New
York, August 20,
1894. (Received August 21.)
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.,
[Inclosure 2 in No. 196]
Mr. Williams to
Mr. Uhl.
Consulate-General of The United States,
Havana, September 13, 1894. (Received September
20.)
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.
[Annex to inclosure 2 in No.
196.]
Mr. Dinsmore to
Mr. Williams.
Consulate of the United States,
Cienfuegos, September 3, 1894.
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.
