284 H. L.Janes weeks after the detention of the Black Warrior, contains anything regarding the twelve-hour rule which soon came forward as the point about which the most heated discussion raged. Did the 'Havana authorities deny to the American citizens on this occasion the legal right they possessed of modifying or correcting the ship's manifest as they pleased within the period of twelve hours after the arrival of the vessel? This point is an all-important one. On June 17 Roca, in obedience to orders from the captain-general (who acted on a suggestion made by the Spanish legation at Washington), subscribed to a sworn statement which gave in his words what trans- pired during the visit of Tyng to him on the afternoon of February 28. This afifidavit of Roca's will repay careful examination ; for Marcy was very insistent on the point that the whole success of the Spanish defense depended on whether they could show that the cargo of the Black Warrior was not embargoed before seven o'clock p. m. of the twenty-eighth, or twelve hours after the boat had dropped anchor near the coal-wharves of Havana. The Roca-Tyng conference took place between the hours of three and four. Roca states that he directed Tyng's attention to the fact that he might, if he pleased, with the view of obviating difficul- ties and guarding against disagreeable possibilities, make an addition to or correction of the manifest, declaring as in transitu the merchandise which was on board said vessel ; that the instructions gave the captain (or, in case of his failure to act, the consignee of the boat) this privilege in the fifth article; that 'the period was twelve working [utiles] hours; and that he had yet time, as the period did not expire until six o'clock that evening. Roca states that Tyng had nothing but stubborn remonstrances to offer at this point. The afifidavit continues : The said Tyng replied as follows to this ; that " he would not submit to ridiculous formalities, that the cotton and other cargo on board the steamer Black Warrior was on its way to another point, and that, as far as Havana was concerned, the boat rode in ballast, as its manifest said"; and, taking out his watch and looking at the hour, he added, " what I do, is to protest before you that this was said at 3 130 in the afternoon " — to which he that subscribes this replied, that he [Tyng] ought not to protest regarding what the " Instruction " prescribed in the case and that he [Tyng] might protest against it before his [Roca's] superior officers, if he believed that he [Roca] was failing to perform his duty. According to this statement of Roca, the afternoon's representa- tions of Tyng degenerated at this crucial moment into angry pro- tests agajnst " ridiculous formalities " of the law instead of taking the form of an application for permission to correct the manifest that had been presented. The collector on oath further declares
