It will be perceived that for the reasons therein given the Spanish
Government is unable to comply with the request of the United States in the
matter.
[Inclosure referred to in No.
51.—Translation.]
The Marquis de la Vega de
Armijo to Mr. Hamlin.
Ministry of
State,
Palace, May 24,
1882.
Excellency: I have had the honor to receive the
note which your excellency was pleased to address me, dated 8th instant,
relating to the incident which occurred to the American ship Ellie
Knight, and in which your excellency states that a certain discrepancy
appears to exist between the declaration made by the ministry of
ultramar and the direction-general of hacienda of Havana.
The consul of the United States at that place says that, on applying to
the direction-general of hacienda of Havana, as the charges imposed on
the master of the Ellie Knight appeared to him (the consul) rather
unreasonable and unjust, learned that in consequence of a royal order
recently promulgated in Cuba, the director-general of hacienda was no
longer authorized to determine questions of that kind.
I infer that a mistake has been made or that a misunderstanding
exists.
The minister of ultramar declares, according to the statement I had the
honor to make to your excellency in my note of 3d, that these cases must
be decided by the direction-general of hacienda of Havana, and in
support of this declaration he sends the inclosed copy of the general
customs regulations in force in the Island of Cuba, in which, title 4th,
chapter 3d, your excellency will see all the particulars of the
administrative procedure for the imposition of fines.
The administrators impose the fine when there is a just cause for it, and
if the party concerned does not conform itself thereto, and may appeal
in accordance with the provisions in force, he makes the appeal to the
direction-general of hacienda, which definitely determines such
questions, although the “contencioso administrativo” remains as a last
course.
If it were intended to remit the fines imposed or to modify in any way
the procedure, which is perhaps what the consul of the United States at
Havana refers, then the decision of such cases belongs to the government
of Madrid. The customs legislation in the provinces of ultramar being
alike applied to the native born and to foreigners, His Majesty’s
Government is unable to delegate, through any authority or
representative, the power to remit the penalties imposed for
infringements of the customs and tariff regulations, as it can alone
appreciate the circumstances which may advise the exercise of grace.
Thus I have answered at the same time the note of your excellency of
13th (March), in which you requested that the captain-general of Cuba or
the representative of Spain at Washington be authorized to deal with
such cases of fines which might arise in the Spanish colonies, and to
remit them when the facts should so justify.
I flatter myself that these explanations will be sufficient to convince
your excellency that both in the case of the Ellie Knight as in other
analogous ones, the Spanish administration has justly and strictly
adhered to the regulations in force, it being a matter of regret that
through the heedlessness or carelessness of the masters of vessels cases
of this kind are of so frequent occurrence.
I avail myself, &c.,
The Marques de la VEGA de ARMIJO.
