there being so many parties interested who had nothing whatever to do with the vessel. To all this the Intendente said that he regretted that he had not seen me before; that, as the matter stood, he did not know what to do, but he would examine carefully into it and try to bring it to a satisfactory termination, or something to this effect.

But in the mean time the ship has been, by order of the authorities, hauled to one of the wharves, and some of the cargo taken out; there is every appearance that it is intended to proceed with the discharge. In my despatch No. 34, I stated that the British mail line have also been in the habit of entering and clearing in ballast when they had cargo on board. Mr. Crawford, the British consul, has assured me today that such is not the case.

Some of the officers and all the crew of the "Black Warrior" are on board the United States steamer Fulton; the transient passengers, fourteen in number, are on shore.

I beg of you to consider my anxiety to lay before you all the circumstances that I can bring to mind in regard to this unfortunate affair, as a sufficient apology for the length of this despatch.

There are three or four other American vessels in difficulty here at present, but I do not consider their cases of such importance as to require that I shall trouble you with them until I can ascertain the result, and whether this has not been in conformity to law.

I have the honor to be, sir, with great respect, your very obedient servant,

With the end of avoiding delays to the passengers that ought to have left to-day by the North American steamer Black Warrior, and that have not done so for the resistance of the captain-in my judgment without a motive-in allowing the revenue officers to discharge the goods that have become liable to confiscation; in order not to cause any prejudices to commerce, to which protection and aid are due, as a just deference to you as the consignee of said vessel, and to the captain himself, and in order that the individuals who compose the crew of said vessel shall not interrupt their labors and profession, I propose to you that you send a delegate to intervene in the discharge of said vessel, and in the delivery of the baggage to the passengers, as without this formality neither will the discharge be continued nor any operation whatever done; and that the captain give security, which shall be strictly personal, to be present when called for. And under these circumstances the sailing of the vessel will be

facilitated in ballast, as is expressed in the manifest, with all which you will save your responsibility and detriments to all obviated.

I hope that you will co-operate on your part to the only possible arrangement under the present circumstances, and that you will appreciate the good desire that animates the maritime administration to make difficulties disappear.

God preserve you many years!

TO CHARLES TYNG, Esq.,

JOAQ'N ROCA.

Consignee of the North American steamer Black Warrior.

[Translation.]

HAVANA, March 2, 1854, at 9 a. m.

Yesterday, at 11 a. m., I had the honor to address a communication to you on various subjects that required an urgent resolution-and I did so in order that commerce should suffer no prejudices; and the same in regard to private parties and yourself, as the consignee of the North American steamer Black Warrior. I believe that your many occupations have not allowed you time to answer said communication, and I beg of you to have the goodness to answer it, in order not to have pending affairs of importance.

God preserve you many years!

CHARLES TYNG, Esq.,

JOAQUIN ROCA.

Consignee of the N. A. steamer Black Warrior.

[Translation.]

Sent at a quarter before 10 a. m., March 2, 1854.

HAVANA, March 2, 1854.

MOST EXCELLENT SIR: We have received your excellency's favor of yesterday's date, as well as that of to-day, and we feel obliged for the politeness and courtesy shown to us in them.

As agents of the owners of the steamer Black Warrior, we have protested against the acts of the government toward the said vessel, and, after mature deliberations and considerations, we have abandoned the vessel, as well as her cargo, to the superior authorities of the island, who are in possession of her. Under these circumstances we desist from taking further steps in the matter.

God preserve your excellency many years!

The Most Excellent INTENDANT,

CHARLES TYNG & CO.

Administrator General of the Maritime Royal Revenues of Havana.

[Translation.]

OFFICE Intendant of the ARMY AND ROYAL EXCHEQUER,
Havana, March 2, 1854.

In consequence of the proceedings formed for the omission, by the captain of the American steamer "Black Warrior," to include in the manifest delivered to the revenue guards of this place several bales of cotton found on board of her, as the discharge of said vessel is to be proceeded with to-morrow at 7 o'clock, and the said vessel being abandoned by her captain and crew, I advise you of the fact that you be pleased to appoint a person deserving your confidence, that may be present at said discharge, hoping that you will be pleased to do so. God preserve your lordship many years.

PERFECTO VALDES ARGUELLES.

The CONSUL OF THE UNITED STATES OF AMERICA.

Reply sent about 7 o'clock, p. m., 2d March.

CONSULATE OF THE UNITED STATES, HAVANA,
March 2, 1854.

MOST ILLUSTRIOUS SIR: I have had the honor to receive your lordship's polite communication of this date, to which I hasten to reply, in deference to your lordship, though I am not certain that I, as the agent of a foreign government in this place, am authorized to correspond on official matters but with the superior authority of the district.

Your lordship desires me to appoint a person to be present, as my representative, at the discharge of the cargo on board of the American steamer Black Warrior, which has been abandoned by her captain and crew into the hands of the authorities of the port, in consequence of the unjust and violent measures taken against her.

The captain of that vessel is, so far as I know, the sole agent, out of the United States, of the owners of the vessel and cargo, and of all concerned in and about the same. All responsibility, under the present circumstances, must rest between him who has thought fit to make the abandonment and those who have so hastily and unnecessarily driven him to this course. I must therefore respectfully decline assuming any responsibility, directly or indirectly, in the matter.

I have the honor to be, very respectfully, your lordship's obedient WM. H. ROBERTSON,

servant,

The Commercial Agent in charge of the Consulate.

The most illustrious Sr. D. PERFECTO VALDES ARGUELLes,

Intendant of the Royal Exchequer of the Department of Havana, &c.

Rules for the government of captains and supercargoes of Spanish and foreign vessels that may engage in the commerce of importation into the open ports of the island of Cuba:

1. All captains or supercargoes, the moment their vessels have come to their anchor in any port of this island, must deliver, immediately

upon being visited by the custom-house boat, a manifest, declaring his name, that of the vessel, from whence she comes, number of tons, number of bales, packages, and every other article he has on board, or of which his cargo is composed, with their respective marks, numbers, and consignees.

If the whole, or part, of the cargo were composed of jerked beef, salt, cocoa, or any other article shipped loose or in bulk, the cargo must be manifested in Spanish weight or measure. All stores, ammunition, arms, tools, instruments, and all other ship's utensils, must be manifested, and likewise the coals, if the vessel be a steamboat.

2. All captains or supercargoes of vessels, who enter, in distress, into any port of this island, must deliver a manifest of their cargoes in the same manner as if the vessels were engaged in this trade.

3. To this same rule are liable all captains or supercargoes of vessels entering in ballast.

4. If the captain of a vessel has been obliged, by stress of weather, or any other unforeseen cause, to throw cargo overboard, he must state in his manifest the quantity of the cargo that has been lost, specifying, no matter how large or small the quantity may be, the quantity, number of bales, packages, boxes, etc., etc., as well as class or kind of the goods. After having delivered the manifest, he must appear personally in the custom-house, with his log-book, to prove that his declaration is true and correct.

5. All captains of vessels, coming from Spanish ports, with the register of the respective custom-house, must deliver an additional manifest of all the goods which they have taken on board after the receipt of said register and not included in the same; and also of all the stores and ship's utensils, already mentioned in the rule No. 1.

6. In case the captain or supercargo does not present the manifest within the time above mentioned, he will incur a fine of $500.

7. In case the captain or supercargo is unable to make out a manifest, this will be the duty of the consignee, or any one of his clerks.

8. During the twelve hours, after having delivered the manifest, which are to commence from six o'clock in the morning until seven at night, the captain, supercargo, or consignee, can make any alteration he thinks proper or necessary, and for this purpose he will call on the collector, or, in his absence, on the commander of the custom-house officers in service.

9. The twelve hours prescribed in the rule No. 9 [8] having elapsed, all the packages or other goods which have been omitted in the manifest will be confiscated, and the captain or supercargo fined in double the value of the same, in case the amount of the duties to be paid on the contents of the package or packages confiscated does not exceed $400. In case the value of the duties to be paid should exceed the above sum, and belong to the owner or consignee, captain or supercargo of the vessel, he or they will be condemned, instead of the above fine, to lose the vessel, freight, and all other profits.

10. Nothing whatever can be discharged without the permission of the collector and knowledge of the commander of the custom house officers in service. Should, however, anything be discharged, although of little value, or free of duty, the captain or supercargo will incur the fine

of $1,000, with entire confiscation of the goods thus discharged, and likewise of the boats or launches which have been employed in the transportation of the same, in case the value of the duties to be paid on such goods does not exceed the sum of $200; but if they should exceed said sum, instead of the fine, the vessel will be confiscated.

11. No goods whatever, be the quantity large or small, can be transported from one vessel to another without the permission mentioned in the rule No. 11, [10,] and if this law is violated, the captain or supercargoe of each vessel will suffer the same penalty of fine, embargo, or confiscation.

12. Should a vessel discharge merchandise, be the quantity large or small, in a non-licensed port, said merchandise, as well as the vessel and all her appurtenances, shall incur the penalty of confiscation.

13. If, on conclusion of the discharge, there should be found one or more packages short of the quantity manifested, it will in that case be understood that the captain or supercargo of the vessel has committed fraud against the custom-house, and he shall be fined $200 for each package missing.

14. If in the outward despatch, in consequence of the visit of the vessel by the custom-house officer, before the captain or supercargo has received his register, an excess of cargo should be detected, such goods will be confiscated, and the captain fined in the value of the merchandise confiscated.

15. All goods, product, or any other article detected in the act of being fraudulently shipped, shall likewise incur the same penalty of fine and embargo.

16. Should the captains or supercargoes not have wherewith to satisfy such fines and costs imposed on and caused by them, the vessels they command shall be seized for the purpose, unless the consignee come forward as security.

To the Hon. William L. Marcy, Secretary of State:

The undersigned, visiters of the island of Cuba, or residents of Havana, and citizens of the United States, most respectfully but earnestly ask the attention of the Executive of our country to the unexpected interruption of our intercourse with home by the late treatment of the Spanish authorities towards the American steamer "Black Warrior," on her touching at the port of Havana during her passage from Mobile to New York.

This steamer has been regularly passing alternately between the port of New York and the port of Mobile, touching at Havana to land and receive passengers for either of the above ports, for the last eigh teen months; and during that time has made thirty-six trips, and on each trip she has been visited by the officers of the Spanish govern ment as she entered the harbor, and, without breaking bulk, or landing or intending to land any cargo or other thing besides passengers, has been allowed to depart from the harbor upon the payment of the dues required to be paid as a steamer "in transitu" and in ballast, amounting, on each arrival, to about ninety dollars. That the steam

she