Page:American Historical Review, Volume 12.djvu/298

 2 88 H. L. Janes Warnor out of the port by force "', and that the consul " made ex- aggerated and erroneous reports to Washington which prompted the President's message out of which arose all the present inter- national difficulties " } The very fact that inadequate powers were granted our consular representatives in Havana was the direct cause of endless friction between the consulate and the government of the island. It was inevitable that our consuls should quickly fall into bad repute with the Spanish authorities of Cuba and be arraigned as officious inter- meddlers, if they were to be of any service to the Americans who were constantly falling victims to incomprehensible formalities or to the principle of dolcc far nicntc of the island administration. An increase in the powers of the consul which would give him a semi- diplomatic character would have harmonized well with the viceregal prerogatives of a governor of the time of Pezuela.- Coming back to the original facts of the case, nothing could prevent the embargo from being laid on the vessel. On March 2 Charles Tyng and Company petitioned the captain-general, acknowl- edging that ■' they Jiad erred through pure ignorance, but without the slightest intention of causing loss to the Royal Treasury or of creating difficulties ". ^ A petition drawn up on the previous day had stated that, during the course of many trips from Mobile to New York, the agents had always omitted to make declaration of cargo in transit as it had been taken for granted that this was the proper thing to do. This objectionable phraseology was not repeated in the formal petition of March 2, probably in obedience to a sugges- tion from high quarters. On March 7 the Diario de la Marina pub- lished a decree which had gone into effect on the twenty-third of the previous month. This decree declared that a manifest once modified in any way was final and could not be allowed in any particular ; it is extremely doubtful whether this order, which had been published weeks after the confiscation complained of, was law on February 28. On Alarch 16 the vessel and cargo were released and a fine of $6,000 imposed on the agents, Tyng and Company, in lieu of all other punishment.'' The captain-general agreed to per- mit a petition to be transmitted through him to the Queen. This petition was favorably received by the home government. Her Catholic Majesty deigning to remit the fine of 6,000 duros and to ^ Pezuela to Cueto, June 20, 1854. ^ Zaragoza, Las Insiirreccioncs, I. 654. 3 Estorch, Apuntes, pp. 174-176. 5 Pezuela to Magallon, March 21, 1854; Estorch. Attunies, p. 176.
 * Serial 790, 33 Cong., 2 Sess., Ex. Doc. 93, p. 46.