ignorance on their own part also, begging that the vessel might be
allowed to depart upon payment of the transit duties, corresponding to a
ship laden as she was; and, finally, when the fine of six thousand
dollars was definitely fixed upon, entreating its further reduction.
This, however, the captain-general, who had officially announced his
decision, refused to grant; but he forwarded a petition from the
consignees to the Queen of Spain, in which it was set forth that there
could have been no fraudulent intention—cotton not being an article of
consumption in the island of Cuba—in which the heavy loss arising from
the detention, discharge, and reloading of the vessel was urged, and the
remission of the fine craved. This prayer was subsequently granted; but
before that was done the dispute between Spain and the United States had
assumed menacing proportions.
This statement of well-ascertained facts shows the Cuban authorities to
have acted strictly within the law throughout the whole business, and
with great clemency to the persons who had transgressed it. If it suited
American vessels, trading between Mobile and New York, to call at the
Havanah to take in coals, or for other objects, they were bound to
comply in every respect with the laws and regulations of the colony, and
could not expect to get off scot-free if they transgressed them. But
there is a circumstance to be taken into consideration which somewhat
modifies this view of matters in the case of the Black Warrior. It
appears that, owing to the remissness, indulgence, or—it has been
suggested, but I have not seen it proved—the corruptness of the Cuban
authorities, the Black Warrior had been in the habit of entering the
port with a cargo, exhibiting a manifest that stated her to be in
ballast, and being entered and cleared accordingly, and that she had
actually made more than thirty voyages in that manner without let or
impediment. It is scarcely possible that this should not have been known
to the Cuban custom-house, and if so, it must be admitted that the
course pursued on the occasion of the voyage made in February 1854 was,
although doubtless strictly legal, harsh and injudicious. The neglect to
enforce the law on more than thirty previous voyages might not suffice
to abrogate it; but it should have induced the Cuban authorities—though
it had been but from considerations of prudence—to re-enforce it less
suddenly. It is easy to understand that the new captain-general, and one
or two other newly-appointed and high functionaries, who had gone out
with him to the Havanah only a few weeks before the occurrence of the
difficulty, were fired with zeal for reform; and it is stated that,
during the first few months of their administration, the revenue of the
island increased. But they should have gone to work more coolly and
gradually. In consideration of the long impunity the irregularities of
the Black Warrior had enjoyed, it would surely have sufficed, on the
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