TORBERT , Consul-General to Hamilton Fish, January 13, 1873

Mr. Torbert to Mr. Fish.

Sir: * * * * *

This matter of fines is giving a great deal of trouble to the American shipping arriving in the island. The intendente has adopted the rule that the captains shall know and manifest every article, and the weight of the same, that he brings, and for every error or mistake they impose a fine of $25. If the bill of lading from which the captain makes his manifest is not correct, he would have (in order to comply with the rule here) to open every package and weigh the same. I told the intendente that he should not expect to make foreign ship-masters detectives for his custom-house, but that he should hold the goods and make the consignees responsible for any false entries in the custom-house. He says that would be better, but their law or orders puts the fine on the vessel.

Another annoyance is, that a vessel may arrive here with a cargo and be in port a month, reload, and when the captain goes to the custom-house to clear for sea, he may be told there is a fine on his vessel on account of some informality about his inward cargo. In many cases of this kind the fine (although manifestly unjust) has been paid rather than delay going to sea and knowing the time it takes to settle such things with the officials. A case in point I had recently: The American ship Marcia C. Day, of New York, arrived here from Cardiff on the 21st of November, with a cargo of coal; the captain’s manifest called for so many tons, and that amount was entered by the consignees at the custom-house; the cargo discharged agreed with the captain’s manifest. When the vessel was ready to go to sea, about the 4th of January, 1873, the parties were informed that there was a heavy fine on the vessel because the Spanish consul’s certified manifest from Cardiff was one million kilograms less than the number of tons called for by the captain’s and entered at the custom-house. The consignee informs me that he was told at the custom-house that the fine would be about $8,000. I at once addressed a note to the intendente, with a memorial of the consignee, which was never answered. After waiting six or seven days, the captain determined to discharge his crew and abandon his vessel. I informed the intendente of his determination in a personal interview. He asked me not to do that, and I told him such would be the case if some decision was not promptly given in the case. The next day the vessel was allowed to go to sea without the fine being exacted.

There is a case pending now at Sagua la Grande of the American brig G. de Zaldo, which has been fined one hundred and forty-nine times, at $25 each, for mistakes in manifest. One item on the manifest, one hundred kegs of lard, they say should be tierces, and they impose one hundred fines of $25 each. Another item of two hundred and thirty-five barrels of potatoes, thirty-five turned out to be beans, and they place thirty-five fines of $25 each, &c.

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I am, sir, &c.,