Page:American Historical Review, Volume 12.djvu/293

 The Black Warrior Affair 283 and as the fomenter of all the troubles that so complicated the affair of the Black Warrior. It was decided at the consulate that the consul and Captain Bul- lock should proceed to the palace for the purpose of explaining to the governor-general that if an error had been committed it was due to the ignorance of the captain of the vessel, who had no knowl- edge of the port regulations, and that there had been no attempt to defraud the royal exchequer of a portion of its revenues. In the meantime Tyng was to call at the custom-house and lay his case before the collector of customs. Tyng alleges that the collector refused "offhand" (cxtcinpordiico) to permit him to correct the manifest, declaring that the right of correction ceased at the moment of the presentation of the paper. Bullock says he learned, to his surprise, that this right had been lost when the clearance papers had been issued, that is, two days before the steamer reached Havana. To the assertion of the Americans that the captain had followed all the formalities that had been observed in all the many previous trips of the vessel to Havana, Estorch, the historian of Pezuela's ad- ministration, interposes the rejoinder that there is record of at least one case where the captain of the Black Warrior had presented the proper legal manifest and where duties on merchandise in transit aboard the vessel had been collected. The very nice point that a practice long continvied could crystallize into a custom which might acquire the real force of law and be entitled to all respect as such, and that the sudden enforcement of an obsolete law in opposition to custom might seriously demoralize commerce and work damage for which an indemnity could be exacted, was carefully passed over by the Spanish authorities. This question was a matter for the equitable jurisdiction of Her IIajesty. It was fully debated in the Cortes a year later. From the Spanish standpoint, it was quite sufficient to interpose at this point that the governor of Cuba was sent to his high post for the purpose of enforcing the law. As to previous arrangements and practices, Roca.^ who had just been appointed collector of customs of the port of Havana, could hardly have been expected to take cognizance of irregular agreements made before his appointment; it was his duty to compel the shipping of the port to conform to the instructions which were placed in his hands at the time of the assumption of his new charge. It is worthy of note that none of the Spanish documents at hand, bearing dates showing that they were written within two or three ' Estorch, Apuntes, p. 70. AM. HIST. REV., VOL. X.U. — I9.