and we should lift up our souls and our hearts to heaven and beseech the God of Columbus and the God of Washington to bless our work. The PRESIDENT. After this important ceremony the minister plenipotentiary of the United States of America paid an unofficial visit to this sovereign assembly in the person of its president, and I had the satisfaction to hear from his lips an address in which he confirmed anew the sentiments of the friendship of the American Republic toward the Spanish Republic, and, although I may not here repeat all that I had the satisfaction of hearing from the lips of the minister in the private conversation that usually follows these ceremonies, the assembly may devine it from the pleasure I now feel, and without any indiscretion I may say that to-day more than ever before we may consider as dissipated those shadows and fears which patriotism may have harbored with respect to the integrity of our territory; which, if it has been assured in the past by the valor and resolution of Spaniards, is now the more assured by the love and the decision of a people among whom there might otherwise possibly have arisen an opinion unfavorable to Spain. I am certain of being a faithful interpreter of the feeling of this sovereign assembly in declaring that it has heard with the greatest satisfaction the narration of the cere mony of which the minister of state has given an account, and also of that which I have just reported to the assembly. No. 305.] No. 396. Mr. Fish to General Sickles. DEPARTMENT OF STATE, Washington, March 12, 1873. SIR: Referring to my telegram of the 6th instant, a copy of which is herewith inclosed, I now transmit a certified copy of a joint resolution of Congress passed December 2, and approved the 3d instant, tendering, in the name and behalf of the American people, its congratulations to the people of Spain upon their recent efforts to consolidate the prin ciples of universal liberty in a republican form of government. The President, by request of Congress, instructs you to present the copy of the resolution to the government of Spain. I am, &c., HAMILTON FISH. [Inclosure.] JOINT RESOLUTION tendering the congratulations of the American people to the people of Spain. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in the name and behalf of the American people, the congratulations of Congress are hereby tendered to the people of Spain upon their recent efforts to consolidate the principles of universal liberty in a republican form of government. That the President of the United States be, and hereby is, requested to transmit this resolution to the American minister at Madrid, with instructions to present it to the Spanish government. Approved March 3, 1873. No. 554.] No. 397. General Sickles to Mr. Fish. UNITED STATES LEGATION IN SPAIN, Madrid, March 14, 1873. (Received April 4.) Sir: On the receipt of your cable instruction of the 6th instant I addressed a note to the minister of state, a copy of which, Appendix A, is inclosed, communicating to the government of the republic the congratulations tendered by Congress to the people of Spain. On the following day I received from Mr. Castelar the reply, translated in Appendix B. The minister has since intimated to me that the government intends proposing to the national assembly a suitable answer, to be made in the name of that body. As the relations between the executive and the present assembly do not seem as cordial as might be desired, it is not improbable the government may reserve the matter for the action of the Cortes Constituyentes. I have, &c., [Appendix A.-Translation.] D. E. SICKLES. General Sickles to Mr. Castelar. LEGATION OF THE UNITED STATES OF AMERICA, SIR: The undersigned is instructed by the President of the United States to communicate to the government of the Spanish Republic a joint resolution of the American Congress, tendering its congratulations to the people of Spain, in the name of and on behalf of the people of the United States, upon the consolidation of the principles of universal liberty in a republican form of government. The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, in acquainting his excellency the minister of state with this action on the part of Congress, trusts that the government of the Spanish Republic will see in this emphatic manifestation of sympathy and fraternity a fresh proof of the amity and good will the United States have never ceased to cherish for Spain, their early friend and ally. The undersigned avails himself of this gratifying occasion to repeat the assurances of respect and consideration he has heretofore had the honor to offer to his excellency the minister of state. [Appendix B.-Translation.] Mr. Castelar to General Sickles. D. E. SICKLES. MINISTRY OF STATE, Madrid, March 7, 1873. (Received March 7.) SIR: The executive power has learned with the most profound satisfaction of your note of yesterday's date, in which you are pleased to communicate to the government of the Spanish Republic, under instructions from the President of the United States, the resolution adopted by the American Congress congratulating the Spanish people in the name of the people of the United States upon the proclamation of the republic in Spain, and upon the principles of liberty inherent to this form of government. The Spanish nation cannot but see in this act of the Congress of the United States, as solemn as it was spontaneous, a new proof of the sentiments of amity and sympathy that have ever existed between the two countries, and that the community of political institutions they both possess will tend to bring them closer together, to the murnal benefit of their interests. The executive power, as the exponent of this sincere aspiration of the Spanish people, begs through me that the President of the American Republic will be pleased to convey this response to the houses of Congress in Washington, together with the expression of our liveliest sympathies. I avail myself of this opportunity to repeat to you, sir, the assurances of my most distinguished consideration. EMILIO CASTELAR. No. 309.] No. 398. Mr. Fish to General Sickles. DEPARTMENT OF STATE, Washington, March 21, 1873. SIR: It has become necessary again to instruct you to call the atten tion of the Spanish government to the onerous burdens to which the trade of the United States is subjected by reason of the system of fines imposed by the customs authorities of Cuba. The able manner in which you have already presented the subject in your notes of the 16th July, 1870, and 28th of November, 1872, makes it unnecessary for me to repeat or to dwell upon the facts of which our shipowners and masters complain. The printed memorandum which is inclosed shows the present condition of the question. The remedy which the ship-owners of the United States desire cannot be better stated than in the language of the following extract from the memorial which forms part of the inclosed memorandum: The Spanish laws require that a vessel bound for Cuban ports shall make out manifests of cargo, the same to be certified by the Spanish consul residing at, or nearest to, the port of loading, in which manifest the captain must declare positively, and without qualification, the several and different kinds of packages, their marks, the generic class of contents, as well as the weights and values of same, and for every instance where, on arrival in Cuba, the examination of the cargo shows a difference between the packages and the weights, and contents of same as actually found, and the same as manifested, the vessel is fined, while the goods escape all responsibility. That although the generic class of the goods is stated on the manifest, in compliance with the requirements of the Spanish laws, and said manifests accepted and certified to by the Spanish consul, yet the vessel is fined for not stating the specific class. That we are entirely dependent on shippers of cargoes for information as to weights, values, and contents of packages shipped from which to make out manifests, and irresponsible parties often give erroneous descriptions of their part of cargo, resulting in fines imposed on the vessels, at times greatly in excess of the freight, against which we have no redress. That the customs authorities at the several ports in Cuba place different construetions on the laws relative to vessels, and the manifests of same, and fines have been imposed in one port for stating that for which fines were imposed in another port for omitting. That the captain is only informed of any fines imposed on his vessel when he attempts to clear her at the custom-house, whereby he has either to pay the fines or detain the vessel indefinitely while contesting the same. That although we are willing and endeavor to comply with the said laws regulating manifests, yet, under the conflicting instructions placed on same by the different col lectors of customs in Cuba, we find it impossible to do so, or to avoid fines. In cases where fines are imposed, an appeal to the superior authorities at Havana is permitted on payment, under protest, of said fines; but unlesss the amount of such fine is excessive, the delay occasioned by the detention of the vessel would exceed in most cases the amount of such fine even if recovered. We would respectfully represent to the department that as the vessel, through her agents, is entirely dependent on the shippers of cargo for information necessary to describe on the manifest the contents and weights of packages shipped, the propriety of imposing fines on the goods erroneously described on manifest, instead of on the ressel. as then the shipper would have a sure remedy against the vessel in case of error on her part, or on the part of her agents, in making out manifests, while under existing regu lations it is in most cases almost, if not impossible, for the vessel to recover the amount of fines from the shipper. These objections and suggestions appear to be reasonable, moderate, and just. It has therefore been determined both to instruct you to use your best endeavors to secure the modifications and changes which the ship-owners desire, and also to endeavor to secure a similar and, as far as possible, identical action on the part of the British, German, and Swedish and Norwegian governments, whose commerce also is affected by these rules and regulations. You will therefore confer with the British, German, and Swedish and Norwegian ministers at Madrid, in the hope that they may receive instructions which may enable each to frame a note to be addressed by each separately to the Spanish minister for foreign affairs on the subject, which may be simultaneous, if not identical. Should they or either of them, under instructions from their governments, decline to act, you will nevertheless address a note yourself upon the subject, and spare no reasonable efforts to induce the Spanish government to accede to the requests you are instructed to make. I am, &c., [Inclosure.] HAMILTON FISH. Memorandum concerning the imposition of fines in Cuba for alleged violations of the customs rules and regulations. On the 1st day of July, in the year 1859, a royal order was issued in Madrid respecting a new tariff on the island of Cuba. It provided, in substance, that masters of vessels bound from foreign ports to Cuba should present to the Spanish consul a duplicate manifest, showing (1) the class, nationality, name, and tonnage (according to Spanish measurement) of their vessels; (2) the master's name; (3) the port whence bound; (4) shipper's and consignee's name; (5) the bales, hogsheads, barrels, cases, and packages, with their respective numbers and marks, specifying, in ciphers and writing, the quantity of each class; (6) the generic class of the merchandise or contents of the packages according to the bills of lading; (7) those destined to bond or in transit; (8) that the vessel carried no other merchandise. It was further ordered that articles which cannot be packed in cases or packages should be declared according to Spanish weight or measure. All articles cast overboard were to be noticed in the manifest, with a specification of the amount, the packages, and their classification. These duplicate manifests were to be certified by the consul, who was to deliver one to the master, retaining the other for transmission to Cuba. The master was required, on arrival in the Cuban port, whether arriving there from necessity or in the course of the voyage, to deliver his copy, in person, to the visiting officer, first noting on it (1) goods belonging to the crew not included in the manifest, up to the value of $100 for each person; (2) the surplus of provisions on board; (3) munitions of war or extra supplies. It was further provided that the same form should be gone through with in the case of the vessels sailing in ballast. The penalties for non-performance of these requirements were fixed at: (1) for not presenting the manifest of a vessel in ballast, $200; (2) for not obtaining the certificate of the consul, $100; (3) for failure in specifying details in the manifest as required, $25; (4) for failure to state the tonnage according to Spanish measurement, in addition, the cost of the measurement, should the excess be more than ten per cent. This order was suspended soon after its promulgation in 1859, and remained in abey ance until July, 1867. It was then promulgated anew, and notice was given that instead of requiring "(6) the generic class of the merchandise, or the contents of the packages according to the bills of lading," masters would be required to state “(6) the generic classes of the merchandise, or the contents of the packages and their full weight." With the publication of this royal order there also appeared in the Spanish, French, and English languages what purported to be identical "rules and regulations to be observed by the captains and supercargoes of Spanish and foreign vessels engaged in importing goods to the licensed ports of the island of Cuba, in conformity with the royal order of July 1, 1859, royal decree of March 1, 1867, and the rules in force according to existing custom-house regulations." For the purposes of this memorandum it is not necessary to consider these particular rules, because on the 18th of November, 1868, they were suspended, and the following rules and regulations were substituted in their place and are now in force: Rules and regulations to be observed by the captains and supercargoes of Spanish and foreign ressels engaged in importing goods to the licensed ports of the island of Cuba, in conformity with the royal order of July 1, 1859, royal decree of March 1, 1867, and the rules in force according to the existing custom-house regulations, which have been approved by the colonial ministry in November 11, 1868. 1. All captains and supercargoes of vessels hailing from foreign ports and engaged in the importing trade to this island are obliged, on being visited by the health-boat, which visit takes place after the vessel has come to anchor, to deliver the statement of the cargoes, certified by the Spanish consul, and also the general manifest of the aforesaid cargo, without any corrections, containing the name of the captain and vessel, its nationality, number of Spanish tons, the port from whence she sailed, number of bales, packages, and every other article composing the cargo, with their respective marks, numbers, and the class of goods, the names of the shippers and consignees of the goods, expressing also, both in figures and writing, the quantity of every article and their kind, according to bill of lading; their weight, whether intended for bond or transit; it being absolutely prohibited to make any addition or alteration on the manfest or statement of the cargo, nor shall it contain any merchandise consigned to order; and should there be any difference between the statement of the cargo and the manifest, such offense will be punished according to regulations. If the whole or part of the cargo is composed of iron bars or plates, metal plates, timber, jerked beef, salt, cocoa, or any article shipped in bulk, they must be manifested by decimal weight, adding at the end of each manifest the stores, ammunition, arms, tools, instruments, and all other ship's utensils, the coals, if the vessel be a steamer, and also the effects that the crew may carry on the manifest, to the value of $100 each. When the cargo proceeds from a port where there is no consul or vice-consul, and if the residence of those agents be more than thirty kilometers distant from the place of sailing, the captain or supercargo will be exempted from presenting said cargo statement; but, notwithstanding this, all the cargo must be homogeneous, and must be entirely composed of one of the following articles, to wit: raw hides, timber, shooks, dye-woods, coal, or horns, provided that these effects are the production of the country from whence the vessel sailed, that the voyage has been direct, and that the duties are paid on the whole of said goods. 2. The captains and supercargoes of vessels entering in distress must also deliver a manifest of their cargo in the same manner as those engaged in the importing trade. 3. Captains and supercargoes of vessels entering in ballast are subject to the same rules and regulations of delivering the cargo statement certified by the Spanish consul and the manifest. 4. If the captain of a vessel has been obliged, by stress of weather, or any other unforeseen cause, to throw away any portion of the cargo overboard, he must state on his manifest the quantity of the cargo lost, specifying the number of packages, and the class and kind of goods, being also obliged to present to the custom-house his log-book, to prove that his declarations are true and correct. 5. All captains of vessels coming from Spanish ports with the register of the respective custom-house are only obliged to deliver an additional manfest of such goods as they may have taken on board after receiving said register, not included in the same, and also of all the stores and ship's utensils. 6. Should the captain or supercargo not present the statement certified by the Spanish consul, and the manifest of being in ballast, in the stated time, they will incur a fine of $200; if said manifest is not in accordance with rule No. 1, a fine of $25, and in that of $100 if not certified by the Spanish consul. 7. If the captain, when requested by the superior custom-house official, does not immediately present the statement of the cargo and the manifest, or they are not made out according to the law, he will be subject to a fine of $500, unless the vessel has entered in distress. This fact will be ascertained by a verbal process. 8. In case there are any corrections or alterations in said documents, the captains or supercargoes are liable to be tried by the competent tribunal on the charge of forgery: those arriving in ballast laying themselves liable to the same punishment as those arriving loaded. 9. The presentation and the statement of the cargo in the manifest are obligatory in all the ports, creeks, or anchorages of the island wherever the vessel may enter; and should it be in distress, custom-house officials will take a copy, and return the original to the captain, that he may present it at the port where his voyage terminates. 10. All packages and other goods omitted in the statement of the cargo or the manifest will be confiscated, and the captain fined double the value of the same, should the amount of duties to be paid on the contents not exceed $400; but if the duties should exceed the above sum, and the goods be the property of the owner, the captain, or supercargo, or consigned to them, then, instead of a fine, the vessel, together with its freight-list or other utilities, will be confiscated. 11. When the vessel is entirely discharged, if one or more packages of the quantity manifested should be found short, no invoice having been delivered previously of the contents, it will be understood that the captain or supercargo of the vessel have committed fraud on the custom-house, and they will be fined $200 for each missing package. 12. If the owner or consignee of any goods omitted by the captain in the manifest presents within forty-eight hours the bill of lading or account of said goods, he wi!! not incur any penalty and the goods will be delivered to him; but the captain or supercargo will pay a fine equal to the value of the goods so omitted in the manifest. 13. Nothing whatever can be discharged without the permission of the collector at. the inspection of the commander of the custom-house officers in the service. For the |