Message of the President of the United States to the Two Houses of Congress, at the Commencement of the Second Session of the Thirty-seventh Congress
Mr. Seward to Mr. Schurz, with accompaniments.
Washington, September 18, 1861.
Sir: I write this despatch with a view that you shall ask permission of Mr. Calderon Collantes to read it to him, and if he shall be disposed to receive it you will deliver a copy of it to him.
[Page 274]I think that the Spanish government can entertain no doubt that the United States earnestly and even anxiously desire to avert, if possible, any such alienation as might lead to a conflict between the two countries as an episode in the civil war which is unhappily prevailing at the present moment in the southern part of the republic. I am perfectly satisfied that the Spanish government is animated by the same desire. Upon this point I speak sincerely and upon full consideration. I am not equally confident, however, that the consuls of the United States in the Island of Cuba will always, in the absence of special instructions for unforeseen contingencies, exercise the discretion which the interests of our country require.
The government of the United States is not to be misunderstood as fearing to encounter the intervention of Spain in favor of the insurgents of this country, if her Catholic Majesty’s sentiments and purposes have been misconstrued. We are aware, we think, of all the perils of our situation, and have not overlooked the not unnatural one of foreign alliances with our disloyal citizens.
The valuable commerce carried on between the United States and the Island of Cuba is often attended with incidents which require the exercise of great discretion and of mutual forbearance to prevent collisions between the consular authority of the United States, allowed by treaties and the law of nations, and the just sovereign authority of Spain.
I desire to state, in a spirit of perfect frankness, what deviation from the usages of revenue and commerce between sovereign states, as recognized by treaty and international law, this government tolerates in the transaction of American commerce in the ports of Cuba, and in all other foreign ports.
When an American merchant vessel arrives in a foreign port, having cleared from a port in the United States which, at the time of her departure, was in the possession of the insurgents, and for that reason she could not have obtained regular papers from officers acting under the authority of the United States, and conformable to the laws of Congress, this government does not insist that she shall be denationalized for that reason. But, on the other hand, it does expect that she shall, in the port where she arrives, be treated in all respects as an American vessel and subject to the consular authority of the United States, and that she shall not be treated as a vessel independent of the laws and consular authority of this nation.
The waiving of the irregularity of the papers in such cases is consented to ex necessitate, and for the present time only, and is not to be drawn into precedent. But when this government shall see fit to withdraw this concession, due notice will be given to foreign powers.
I send you copies of papers which have just been received from the vice-consul general of the United States residing in Havana, namely, despatches Nos. 56 and 60, dated the 6th and 10 instant, respectively, with their accompaniments.
These papers furnish some ground to apprehend that the Spanish authorities in Cuba, misinterpreting, as I am happy to think, the royal edict of the 11th of June, are practicing, or are about to practice, upon the principles of recognizing an insurgent flag upon American vessels, and denying the consular rights and privileges of the United States in reference to such insurgent vessels in Spanish ports.
I forbear from preferring any complaint concerning the cases mentioned in these papers, partly for the reason that the transactions mentioned therein are incompletely presented, and more for the reason that I am seeking the prevention of future difficulties by the government of Spain in an amicable spirit. I neither make nor ask explanations in these cases. But I desire that Mr. Calderon Collantes will examine the papers, and, after having satisfied [Page 275] himself of the true state of the case, will give such directions, if he shall find it necessary to do so, to the colonial authorities as will prevent any recognition whatever in the Spanish ports of the flag of the insurgents, or any disrespect to the flag of the United States, by the Spanish authorities, or any infraction of their consular authority in those ports.
I am, sir, your obedient servant,
Carl Schurz, Esq., &c., &c., Madrid.
October 4.
P. S.—The unavoidable delay which has taken place in the preparation of the accompaniments of this instruction has enabled me to add the transcript of another despatch from the vice-consul general of the United States at Havana, received at the department on the 1st instant, and dated on the 24th ultimo, (No. 63,) relating to the ship “Bamberg” and brig “Allen A. Chapman.”
Mr. Savage to Mr. Seward .
Havana, September 6, 1861.
Sir: Having learned, on the 30th ultimo, as I might say accidentally, that a vessel had come, several days before, into the port of Matanzas under the flag of the so-called Confederate States, and, notwithstanding the efforts of our consul there to prevent it, had been admitted by the authorities to entry, and to discharge her cargo, which course had been approved of by the superior authority of the island, I addressed the same day a letter to Mr. Martin, calling upon him for information on the subject. No reply having been received on the 2d instant to my letter, I wrote again, and yesterday morning his answer came to hand. A copy of it and the accompanying papers are herewith enclosed. This correspondence contains all the facts relating to that case.
On the same day that I wrote my first letter to Consul Martin I ascertained that the governor general had decided to admit into the ports of the island all vessels arriving under the flag of the insurgents, and to allow them to discharge and take cargo. On the next day I succeeded in obtaining a copy, and it is now accompanied with a translation thereof. This order was transmitted by the intendant general of the army and treasury to the collector general of the maritime revenue; has not been published nor communicated to me in any form; and, although its existence is known to many, the public journals, excepting the Weekly Report in a general way, have not even mentioned it.
In a matter of such import, and feeling the conviction that no suggestions of this office would cause the captain general to cancel that order, I have deemed it expedient not to enter into any correspondence or discussion with him without specific instructions from the department; more especially after reading what Mr. Wheaton advances upon the subject, in pages 32, 33, and 34, Elements of International Law. Moreover, as the Spanish government has always denied to consuls any diplomatic power, I felt apprehensive that my first communication on the subject would be unheeded, or acknowledged [Page 276] with the remarks that the question comes within the province of our respective governments, and to be settled at Washington or Madrid.
I have the honor to be, sir, with great respect, your obedient servant,
U. S Vice-Consul General.
Hon. Wm. H. Seward,
Secretary of State of the United States,
Washington.
[Untitled]
His excellency the superior civil governor has, on date of 27th instant, resolved the following:
- 1st. All merchant vessels proceeding from and wearing the flag of the southern confederacy, employed in legitimate commerce, will be admitted in all the ports of entry of this island, if the documents they may present do not cause the slightest suspicion of piracy, fraud, or any other crime punishable according to the laws of all nations.
- 2d. Once in our ports, said vessels will be under the safeguard of the neutrality proclaimed by the government of her Majesty the Queen (whom God save) in the royal decree of the 17th of June, and in this understanding they cannot be molested by any foreign agent whilst engaged in their licit operations of entrance and discharge, loading and departure, in said ports.
- 3d. Therefore, all the civil, as well as naval and treasury, authorities in the ports of this island will consider such vessels, in relation to their admission and clearance, as vessels proceeding from a foreign nation which has no accredited consul in this territory.
Which, by order of the intendant general, I communicate to you for your intelligence and fulfilment of the part that concerns you.
Mr. Savage to Mr. Seward .
September 10, 1861.
Sir: I have the honor to lay before you copies of correspondence between this consulate and various authorities respecting the ship Bamberg and brig Allen A. Chapman. By reference to the communications that passed between the commercial court and myself, you will see that I objected to any interference on the part of that court against the action taken by this consulate in respect to the Bamberg. I have learned that on receipt of my letter the court cancelled the order it had issued granting permission for the survey and discharge of the ship, and has referred the matter to the governor general.
But on Sunday, the 1st instant, both the “Bamberg” and “A. A. Chapman,” by preconcerted design, prompted by the governor general’s order in relation to vessels arriving in open ports of the island under the flag of the so-called Confederate States, put up rebel flags at their fore and main mastheads. The A, A. Chapman had the rebel flag of the southern confederacy at the fore, and the flag adopted by Louisiana after she seceded from the Union at the main masthead, the American colors hanging from a rope at the stern. The Bamberg had the so-called Louisiana flag at the main masthead, the American at the peak. I consider the so-called flag of Louisiana to be an emblem of rebellion.
[Page 277]My correspondence with the captain general and captain of the port will show the course I have deemed proper to adopt, and I trust it will meet with your approbation.
I have no answer as yet from the governor general. He has probably referred the case for consultation before adopting a decision to communicate to this consulate.
I have the honor to be, sir, with profound respect, your obedient servant,
Vice-Consul General
Hon. William H. Seward,
Secretary of State of the United States,
Washington.
N. B.—I accompany also registers and crew-lists of the Bamberg and A. A. Chapman.
[Untitled]
September 1, 1861.
Sir: In the month of May last this consulate caused to be posted in the most conspicuous places frequented by American shipmasters the following notice:
- “As the President of the United States has officially declared that certain States of the Union are in a condition of open rebellion against the government, and as in time of war treason consists in giving aid and comfort to the enemy, therefore I have to inform all masters of American vessels in the port of Havana that this consulate cannot give protection to any vessel claiming to be an American which hoists the rebel flag on any part thereof.”
After some demurring on the part of three or four vessels that were at the time lying in this port, the practice of hoisting rebellious flags was discontinued, and the consulate entertained the hope that thereafter no case would occur requiring the enforcement of that notice. But in consequence of an order reported to have been issued recently by your excellency to the collectors of customs and authorities of the island, in respect to vessels that may arrive in her ports bearing the flag of the so-called Confederate States, that offensive practice has been revived to-day by the ship Bamberg, James E. Wilner master, and brigantine Allen A. Chapman, A. P. Laurent master. Both of these vessels are in this port under registers of the United States of America, and have been hitherto enjoying the protection of our government.
Under the present circumstances, and in obedience to the general instructions of my government, I deem it my duty to withhold from the two vessels above named the protection of the United States, consequently to forbid their using in future the flag of the United States of America. Their papers, evidencing their former American nationality, which are deposited in my office, will be forwarded by me to the government of the United States by the first conveyance.
Consequently, as no connexion can from this day forth exist between those vessels and this consulate, I hereby respectfully request of your excellency to make the above determination known to the masters thereof; and inasmuch as the crews of those vessels have become entitled to their discharge, and to be paid at the office of this consulate the wages and extra wages described by law, I have furthermore to request of your excellency that you will cause the said crews or such part thereof as may be yet attached [Page 278] to the vessels to be notified of this their right, and the payment of the wages that may accrue to each person to be enforced.
In calling on your excellency for this assistance, I trust that I am asking nothing incompatible with the strictest rules of propriety.
By a prompt attention to the subject-matter of this communication, and an early reply thereto, you will confer a favor on the undersigned, who has the honor to remain, with considerations of great respect and esteem, your excellency’s obedient servant,
In charge of the Consulate General.
His Excellency the Governor, Captain General of Cuba, &c., &c., &c.
[Untitled]
September 7, 1861.
Sir: Not having been as yet favored with an answer to the official letter I had the honor to address your excellency on the 1st instant, in relation to the ship Bamberg and brigantine Allen A. Chapman, I have now respectfully to advise that as to-morrow is Sunday, when all vessels in the harbor are bound, according to the port regulations, to hoist and keep up during the day their national colors, and those vessels will probably show their national colors at the peak, I shall be constrained, in this event, to call upon his excellency the brigadier captain of the port, and request him to cause the said flag to be hauled down. I beg leave to repeat that the said vessels, by the act of their commanders in hoisting rebellious flags at the fore and main mastheads, have forfeited their American nationality, and consequently cannot be permitted to wear the flag of the United States of America.
I avail myself of this occasion to renew to your excellency the assurances of respect and consideration with which I am your obedient servant,
In charge of Consulate General.
His Excellency the Governor, Captain General of Cuba, &c., &c., &c.
[Untitled]
September 8, 1861.
My Dear Sir, and of all my consideration: For the reasons set forth to his excellency the superior civil governor and captain general of this island in my communications of the 1st and 7th instant, I have deemed it proper to withhold from the ship Bamberg and brigantine Allen A. Chapman the protection of the United States flag, not recognizing them as American vessels any longer. As the said vessels have our flag hoisted, I find myself in the necessity of soliciting of your excellency to order that the same be immediately hauled down. And as I must transmit to my government by the steamer Columbia, which is to sail on the 10th, the papers of the said vessels, including the roll, I request of your excellency to place that of each of them at my disposal for the purpose. I will on my part furnish [Page 279] your office with authenticated copies, that it may possess the requisite evidence respecting the crews of both vessels.
I have much pleasure in repeating myself your very obedient servant,
In charge of the Consulate General.
His Excellency the Brigadier Captain of this port.
Note.—A notice came on the same day from the captain of the port’s office, advising that he was absent, and no action could be taken but by himself.
(Translation.)
Captain General’s country residence, September 8, 1861.
Sir: An accident, of those which are so apt to occur in public offices that have so much business as those of this government, has been the cause of the mislaying, without being able to find it, of your communication of the 1st instant relative to the ship “Bamberg” and brig “Allen A. Chapman.” To avoid, therefore, greater delay in answering it, his excellency directs me to ask you to reproduce it, with the assurance that immediately you do it you will receive a reply thereto, and also to the other representation which you make in your second letter of the 7th.
With this motive, I have the honor of offering to you the assurance of consideration with which I am, very respectfully, your obedient servant,
First Chief of Bureau, in the office of the Secretary of the Superior Civil Government.
Thomas Savage, Esq.
Note.—The above, although appearing in the shape of a private letter, came under the seal of the superior government of Cuba.
[Translation.]
[seal.]
I have received your polite communication of yesterday’s date, in which you are pleased to state to me that for the reasons you have thought proper to lay before his excellency the superior civil governor, captain general of this island, in communications of the 1st and 7th instant, and that I am ignorant of, you have deemed it expedient to withhold from the ship Bamberg and brig A. A. Chapman the protection of the United States flag, not recognizing them as American vessels any longer.
The said vessels hoisted on yesterday the flag of the United States, because they appear at this office as such. And as it is ordained in the port regulations that all vessels therein hoist their respective flags, the Bamberg and A. A. Chapman put up the American, under which they entered the port, and appearing as American.
I felt great regret that I could not make them haul down their flag as [Page 280] you requested me on yesterday, owing to the lateness of the time in which I received your attentive letter, inasmuch as the masters of those vessels having asked of me on the preceding day (Saturday) to let them know what flag they had to put up on Sunday. I told them clearly that they had to hoist the American, being the only one they could put up, as being the same they had entered with, as evidenced in this office to the present time they are such vessels of the United States.
I have the honor of enclosing the crew lists of said vessels that you call for, hoping that you will please furnish certified copies thereof for record in this office. You will at the same time be pleased to inform me in what situation the said vessels remain after protection has been taken from them by the consulate of your worthy charge.
I have great satisfaction in offering to you the respects of the highest consideration.
God preserve you many years.
The Consul General of the United States.
[Untitled]
September 10, 1861.
Sir: I had the honor to receive on yesterday your excellency’s polite communication of the same date, in answer to mine of last Sunday, requesting you to cause the ship Bamberg and brig A. A. Chapman to haul down the American colors which they were flying.
The reason why those vessels have forfeited the protection of the United States under which they entered this port is, that their commanders on the previous Sunday hoisted rebellious flags at their fore and main mast heads, thereby showing their hostility to the government whose protection they had been enjoying and whose flag covered them.
In the first part of May last this consulate gave notice that it could not give protection to any vessel claiming to be American which hoisted the rebel flag, or any part thereof. This was made known to the government of the United States, who approved of it, directing the consulate not to recognize as vessels of the United States any that hoisted any other flag but that prescribed by law.
The masters of the “Bamberg” and “Allen A. Chapman” cannot allege ignorance; they deliberately disregarded the warning given them, and now must abide the consequences of their act; and having no longer the right to wear the American, they must remain without any flag to cover them, for I do not see that they are at liberty to use the colors of any other nation, being unprovided with the requisite papers.
By the United States registers, which the said vessels had been sailing under, the Bamberg is owned by—
| Mr. Henry V. Baxter | 10-32 | } | Of New Orleans. |
| Mr. James C. Wilner, (master) | 2-32 | ||
| Mr. Charles Sagory | 10-32 | ||
| Mr. E. M. Brown | 4-32 | ||
| Mr. P. Pages | 2-32 | ||
| Mr. Conrad Charles Maletta | 2-32 | } | Of New York. |
| Mr. William Tyson | 2-32 |
The Allen A. Chapman is wholly owned by Mr. Stanislas Plassan, of New Orleans.
I transmit herewith certified copies of the crew lists of both vessels for the purposes of your office; and regretting the trouble I have caused you with this annoying affair, I renew the assurances of respect and esteem with which I am your excellency’s obedient servant,
In charge of the Consulate General.
His Excellency Brigadier Don Blas G. de
Quesada,
Captain of this
Port, &c., &c., &c.
[Untitled]
September 24, 1861.
Sir: The accompanying documents form the captain general’s answer to my last communication in respect to the ship “Bamberg” and brig “Allen A. Chapman.” I leave the matter now in the hands of the department, trusting that the course I adopted towards those vessels will be considered worthy of your approval.
The captain general advised me that the Bamberg is to discharge here. Such articles as armament and munitions of war will be deposited in the government stores, and the rest of the cargo will be entered for consumption. His excellency invited me to attend the inspection of her cargo, but I deemed it my duty to decline the invitation. The ship is now at the wharf. It is credited by many that she has since her arrival discharged arms, which have found their way to the southern ports. Though I have had a species of surveillance, nothing has been discovered; and yet I cannot but believe that arms, &c., have been taken out of her, not from under the hatches, but from places of concealment in the cabin and elsewhere, accessible without taking off the hatches. Such things were, of course, not manifested to this custom-house.
I wrote in my last despatch that Captain Laurent, of the A. A. Chapman, sailed for New Orleans in a French war steamer. I now confirm the report, and add that he took many letters from here. In all probability he will return in the same steamer, bringing powers of attorney for the sale of the “Bamberg” and the “Allen A. Chapman.”
F. O. Sullivan finally did not go in command of the Isilda. A man named Emmerson, who belonged to the rebel steamer Sumter, and was prize mate on the Joseph Maxwell, went in her as master. Hicks, the midshipman of the Sumter, and two other gentlemen, formerly of the United States navy, went as passengers in the Isilda.
The United States schooner Nonpareil arrived here yesterday from Key West, to fetch despatches of the British commodore. No news from there.
I have the honor to be, very respectfully, your obedient servant,
Vice Consul General.
Hon. William H. Seward,
Secretary of State of the United States,
Washington.
[Translation.]
Government, Captain Generalcy, and Delegated Superintendency of the Exchequer of the ever-faithful Island of Cuba.
I transmit to you herewith, duly authenticated, a copy of the report made by his excellency the general commanding this naval station, in accordance with the opinion of the legal adviser of the same, upon the subject of the communication of the 13th instant, wherein you were pleased to answer mine of the 12th. I fully concur in the opinions given by his excellency and pursuant thereto I address, under this same date, her Catholic Majesty’s minister at Washington, in order that, by an understanding with the government, may be fixed, in a precise and definite manner, the course which, in cases analogous to those of the “Bamberg” and “Allan A. Chapman,” should be pursued, respectively, by you and by the superior authority of Cuba. Thus barren debates will be avoided, and a course adopted consonant with the loyalty and harmony which this government always uses in the treatment of international affairs.
In the meanwhile I will state to you that, for the purpose of exhibiting practically my desire of acceding as far as possible to your requests, I have made known, confidentially, to the captains that they are not to hoist any more the flag of the United States; and they have pledged to the captain of the port their word of honor not to do it.
This communication should terminate here, inasmuch as I have stated I cannot accede in an official form to what is required by you, without anything else being thereby implied, but that I do not believe the moment has arrived for the aid of jurisdiction that you solicit. But I cannot allow to pass unnoticed two remarks made, respectively, in the communications of the 1st and 13th instants, without setting forth in regard to them my manner of appreciating them. The first is the relation you find between the cases of the “Bamberg” and the “Allan” and the circular, which you say was issued by my authority, to the collectors of customs respecting the toleration towards the flag of the seceded States. I will frankly confess to you that I find no connexion or link between the two subjects. In the first the object is not to injure the interests of our national trade, because you already understand Spain never could have bound herself to discontinue her commercial transactions with the south, whatever may be the state of its internal relations with the north. In the other the matter in question is that you require two vessels to be notified that they shall not use the flag under which they entered the port, which was hitherto, and still is officially, according to the papers they produced, that of their true nationality.
The second remark is that my declining to make the notification called for might be interpreted as a species of opposition to your consular authority. Upon this particular I will make only two observations. One is that you are well aware that in all questions hitherto occurring the government of this island has not spared any means of showing its deference to that of the United States, represented by you; examples of which might be adduced, which I omit, not to make this writing too long. The second is that such opposition could not in any way be supposed, when the subject in question solely is that you yourself wish to cut off vessels which till now have belonged to the United States, and have been by you, in conjunction with your government, denationalized, by the fact of taking their papers from them. I consider as sufficiently answered the observations you make upon the subject, without my entertaining, even remotely, the idea that the consulate could have doubted for a single moment of the good faith of this government, [Page 283] in the same manner that I have not doubted or will ever doubt of that which animates you, whose high qualities in all respects I take pleasure in acknowledging.
God preserve you many years.
The Consul General of the United States in this city
[Translation.]
Havana, September 15, 1861.
Most Excellent Sir: The auditor of marine of this station, to whom I referred for his opinion upon your excellency’s official letter of yesterday accompanying the new communication in which the consul general of the United States insists on his reclamation relating to the use of the American flag by the ship “Bamberg” and brig “Allan A. Chapman,” says to me under this date as follows:
- “Most Excellent Sir: I insist in considering that the aid of jurisdiction which, from the superior authority of the island, the consul of the United States again requires in respect to the ship ‘Bamberg’ and brig ‘Allan’ should be based or justified upon the opposition or resistance of the captains of those vessels to the orders and instructions given them directly by the consul himself in the circle of his consular functions. And this not from respect to the principle of neutrality, which has no application nor could be violated in the present case, but because his excellency the governor, captain general, is not the medium of communication between the consul of the United States and the masters of the vessels of his nation, nor has there been committed on board of the ship ‘Bamberg’ or the brig ‘Allan A. Chapman’ any act which was a disturbance of order or of the peace of the port, or which has violated the laws of the country—the only case that would justify the officious action of the local authorities against the captains and crews of those vessels. It is very true that every government has the exclusive right of prescribing the flags that their vessels are to use, and which they are not to use; but it is also true that the infraction of the laws of a country, while it does not affect others, is only to be proved in the country that made those laws. The ship ‘Bamberg’ and the brig ‘Allan,’ as the consul himself states, were received in this port as vessels of his nation duly authorized. Both have hoisted the flags of the United States at the stern, which is the principal place for the national flag; those which are said to be used at the same time at the fore and main mast heads have no official character or signification. If the use of them on any part of a vessel, or for whatever purpose, constitutes a crime in the eyes of the government of the United States, it should be tried before the courts of that nation. Had the consul limited himself to ask that through the captaincy of the port the captain should be ordered not to hoist those flags together with the one that denoted their nationality, he could have easily obtained this proof of deference to the American flag, and of consideration to his government. But in lieu thereof the consul has condemned those vessels to deprivation of their legitimate flag—a penalty which constitutes an indefinite embargo of the same in this port, and a simulated confiscation of the property—a [Page 284] penalty that does not affect the delinquent captains, but the owners and shippers, who may perhaps have no culpability in the proceedings of the former. So summary a proceeding against the property is not in conformity to our usages, and every species of confiscation is forbidden by our laws. For this reason the consul ought not to deem it strange that the superior authority of this island should hesitate to be officious in a foreign affair which is initiated with such grave proceedings on the part of him who has in this place the character of commercial agent to protect and support the interests of the citizens of the United States, and not the severe office of a judge. It is likewise well founded that if there is responsibility involved in the consul’s action, it belongs solely to the government of his nation to demand it of him; but for the same reason his and his only should be the responsibility; and the consul should not unnecessarily demand the foreign assistance, as the authority rendering it might find itself involved therein. The apprehension of being disregarded by the captains is not a sufficient reason to justify that assistance, which, being extemporaneous, would have a character of officious and voluntary. As the consul has already referred the solution of this affair to Washington, transmitting the registers of the ‘Bamberg’ and the ‘Allan,’ he might await the resolution of his government, which may perhaps save all future difficulty; and to this end it might be expedient that his excellency the governor, captain general, should also, with a copy of all the communications and reports, bring the subject before his excellency the minister of her Catholic Majesty in Washington, in order that his excellency may be posted up for the event of any communication being addressed to him thereupon by that government, or may avail himself of the occasion, should it present itself, of avoiding other reclamations of the same nature from the consul, if he deems it expedient, or considers himself authorized therefor. Notwithstanding all that is stated, your excellency will be pleased to inform his excellency the governor, captain general, what you may deem most proper.”
And in conformity with what is above set forth I have the honor of transcribing it to your excellency in answer, returning the two documents that your official letter refers to. God preserve your excellency many years.
Most excellent sir, in the absence of his excellency the commanding general, the 2d in command.
His Excellency The
Governor,
Captain General of
this island.