TORBERT , Consul-General to Hamilton Fish, October 30, 1872

Mr. Torbert to Mr. Fish.

Sir: I transmit herewith three copies of what are styled the “Regulations for the guidance of captains and supercargoes of Spanish as well as foreign vessels,” &c. These regulations are a recapitulation of the royal order of 1st July, 1859, put into force on the 1st July, 1867, which has so frequently been referred to in communications from this office. It seems unnecessary to call the Department’s attention to the ambiguities, contradictions, and absurdities contained in this document. The so-called translation into English is quite as intelligible as the original in Spanish. Under these regulations tines are imposed for the following offenses:

For omitting to express class of vessel, whether ship, bark, brig, &c., $25.

For omitting the nationality of the vessel: it is not sufficient to state the brig ———, of Boston; the master must state the American brig ———, of Boston; the penalty of such omission is $25.

For omitting name of the vessel, $25.

For omitting to state the exact Spanish tonnage measurement, $25.

For omitting master’s name, $25.

For omitting the port or ports from whence arriving, $25.

For omitting the name of the shipper or shippers, each omission, $25.

For omitting names of consignee or consignees, each omission, $25.

For omitting to state the kind of package, $25.

For omitting to state in writing, as well as in figures, the quantity or number of packages or pieces, $25.

For omitting marks and numbers, although the packages may have neither, $25.

For omitting to state the generic class of the effects manifested, such as wooden hoops; iron nails, &c., $25.

For omitting to state the gross weight of different items, $25; and other penalties for discrepancies in weights. If goods are to go into bond, or are in transit, and not so stated, $25.

For omitting to state at the foot of the manifest that the vessel brings no other cargo, although she may be in ballast, $25.

For omitting to give the weights and measurements in the decimal or French system, $25 each omission.

For omitting to manifest any goods that the crew may have in their possession, $25.

Omitting to note the surplus stores, $25.

Omitting to state the arms and ammunition on board, $25.

Omitting to state the quantity of coals on board, if the vessel is a steamer, $25.

Omitting to deliver the manifest the moment of the visit, $200.

For manifesting goods to order, whether or not so required by bill of lading, $25.

If the manifests have not been authenticated by the Spanish consul, a fine of $100 is imposed. In a case where the Spanish consul had neglected to impress his seal on the manifest, it was held by the customs officials at Matanzas that there was no authentication, and the vessel was fined accordingly.

For omitting in the manifest any of the requisites of rule 1, $25.

In addition to the consular manifest called “sobordo” another simple manifest, not authenticated, is required; this requisite is not clearly provided for in the royal order and only inferred from the second paragraph of rule 7; nevertheless a failure to produce it subjects the master to a penalty of $500. Numbers of our vessels have been subjected to these exorbitant fines. Any erasure, alteration, or interlineation, subjects the master to a charge of forgery.

I know of no instances where this penalty has been enforced. A fine of $25 is usually imposed for each defect.

The presentation of the consular manifest is obligatory in all the ports of the island at which the vessel may touch, for orders or in distress.

Rule 12 provides that the master who does not declare the exact Spanish tonnage, shall pay the expense of admeasurement, should there result an excess of 10 per cent. This rule is inconsistent with the first paragraph of rule 1.

All goods omitted in the manifests are confiscated, and a penalty of double duties imposed on the master, and if the duties should exceed $400, the vessel, freight, money, &c., will be confiscated.

For every package missing, upon the discharge of a vessel, a fine of $200 is imposed.

For discharging goods without permits a fine of $1,000 is imposed.

Articles 15, 23, and 26 provide for penalties which are not clearly defined.

Vessels coming from a port where there is no Spanish consular officer are required to have their manifests verified by three merchants, who will also certify that no such officer resides at the place, or within a radius of thirty kilometers; if omitted, a penalty of $100 is imposed. There is no provision for this penalty in the regulations, but the fine is frequently imposed notwithstanding.

The mail-steamer Crescent City, of and from New York, arrived here on the 15th instant, the day upon which the circular of the intendente, referred to in my No. 123, went into effect. Her manifest comprises fifty-eight items, and a fine of $25 has been imposed for each, and one of $500 for want of the consular authentication, which, hitherto, has not been required of mail-steamers.

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I availed myself of the opportunity to urge upon the intendente the suspension of the royal order of July 1, 1859, in view of the gross injustice it inflicts upon foreign commerce, while experience has shown the impossibility of ship-masters making out their manifests, in accordance with its provisions, and not incurring some one of its numerous penalties. I acquainted him with the instructions of the Treasury Department of the United States relative to fines upon foreign vessels for want of manifests; that such fines were not enforced without consulting the Department, and I asked that the same considerations be extended to our vessels, in the out-ports of the island, where it had been customary to impose fines and exact their payment before appeal could be made to the central authority.

I also called his attention to the fines imposed on our vessels at Manzanillo in 1868, which General Lersundi had ordered to be restored more than four years ago, and which had never been carried out by the proper department of the intendency. He took note of my suggestions and promised that they should have due attention.

It is due to this officer to state that upon his arrival here he found the greatest demoralization in his department, and that he is endeavoring faithfully to effect reforms therein. He makes, however, the usual mistake of his predecessors in supposing that any of these irregularities are to be attributed to the masters of foreign vessels.

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I am, sir, &c.,