Mr. Tassara to Mr. Seward.
The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has the honor to call the attention of the honorable Secretary of State to occurrences intimately connected together, in which very lately the Spanish consul at New Orleans has interposed. In consequence of the proclamation of the President of the United States, declaring the port of New Orleans to be open, the Spanish steamer Cardenas left the Havana for that place on the 31st May last with freight and passengers, arriving at her destination on the 4th instant, without her passage being hindered either at Fort Jackson or at the Lazaretto, and, on the other hand, without having had from the consul of the United States at the Havana any notification whatever about quarantine.
But after a short time she received an order to go back to Fort Jackson, which she did, but not till after landing her passengers, about which no difficulty was made. In this situation the Spanish consul sent on the 10th to General Butler a communication remonstrating against the order, founding it on the old sanitary legislation of the State of Louisiana, according to which quarantine was not imposed on vessels coming from Cuba, unless the usual proclamation had been first made declaring what ports were considered as infected, and vessels which had been cleared without notice of the proclamation were admitted to free pratique.
The consul added that in this case, besides the circumstances of the vessel having commenced her voyage at a period earlier than that expressed by the said regulation for the application of the provisions it contains, it might be alleged the favorable opinion of the board of health. Such opinion being that the Cardenas had arrived in the best condition, and that there was no reason for sending her back, (unless something new had turned out on board,) as is shown by the circumstance that she had been allowed to land her passengers. Mr. Culliyon notices another peculiarity, to wit: that the captain was not notified how long he should remain in quarantine. On this account, calling the attention of General Butler to the losses which were accruing by such unexpected detention, since besides the risk of spoiling the cargo, which consisted of fresh fruits, there was a scarcity of provisions, they having been provided only for the time reckoned upon for the passage, and there being no means of renewal where they were at the time.
Not having received any reply, the consul on the 12th sent another despatch, of which a copy is annexed, transcribing literally that of the 10th, and placing [Page 521] afresh in prominence the considerations which meditated in favor of the Cardenas.
He concluded by stating that on that date expired the term of ten days, which in the greatest strictness it had been usual to impose on vessels coming from Cuba, and that for this and other reasons which had been stated it was hoped orders would be given for the admission of the steamer.
The measure taken with the Cardenas appears the more arbitrary as it makes a contrast with the course pursued with the North American steamer Roanoke. That vessel, after touching also at Havana, had been also admitted at the port of New Orleans, without, like the Cardenas, being obliged to return to the Fort Jackson to perform quarantine. This consideration, without doubt, is only secondary in presence of the graver incident to which the clearing of the Roanoke for the Havana gave place between General Butler and the Spanish consul.
Differing from the case of the Cardenas, from the Havana, the Roanoke sailed from New Orleans after the 1st of June, a date at which, according to all instructions and practice of the Spanish consulate at that port, the state of public health is noted on the papers, and on clearing her it was the consul’s duty to note that he would not give her a clean bill of health. The consignee replied that he would not take the paper which was given to him if it did fix the number of days of quarantine which should be imposed on her at Havana, to which the consul rejoined that those which were to be imposed on the Cardenas not having yet been fixed, and there having always been observed strict reciprocity between New Orleans and the ports of Cuba, it was not possible for him to do it; that probably the same number of days would be imposed on the Roanoke as would be imposed on the Cardenas. The consignee went to see General Butler, and the consul being called by that authority, he required of him that he should issue to the Roanoke a clean bill. The consul refused to do so; a conversation ensuing, in which, according to an official communication before him, the undersigned finds himself under the necessity of calling the attention of the honorable Secretary of State to the following points:
First. An order of General Butler to the consul of Spain conceived in these terms: “The consul of Spain will issue to the steamer Roanoke a clearance like that which at this season of the year would be given to any vessel whose (doculeon) complement of crew might raise a question (disputava) of good health.”
Second. The threat of the same General Butler to the same consul of Spain to ship him off on the Cardenas and send him to the Havana.
Third. The intimation made by the same General Butler to the same consul of Spain to tell the captain general of Cuba that he would give him much pleasure by not sending any more Spanish vessels to New Orleans.
As respects the order itself, the Secretary of State knows that General Butler has no power to give orders to a foreign consul in matter of such exclusively consular attribution as the clearing of a vessel for a port of his nation, and that the consul could only regard it as not received. In regard to the terms in which it is conceived, it could be deduced from them that the (docation) crew list of the Roanoke at the time raised no question of health, which would add more weight to the requisition of General Butler. Fortunately, from the communications of the consul, it seems to follow that it was not so.
For every reason, even if the crew of the vessel was enjoying full health, the consul was under obligations to note upon the clearance the state of public health at New Orleans, without, in so doing, doing anything else than to issue to the Roanoke a clearance like that he would give at this season of the year to any vessel which might leave New Orleans after the 1st of June,
It was General Butler who pretended that, under his command, this year a new thing should be done. As for the threat of sending the consul of Spain to the Havana because he refused to issue the clearance which was required of [Page 522] him, that is to say, for complying with the sanitary regulations of Cuba, General Butler might have been able, without doubt, to carry it into effect by a great abuse of power, and the consul himself might have believed himself compelled to leave his port under the force of such unsuitable and unreasonable language.
The undersigned, nevertheless, always desirous to maintain perfect harmony with the government of the United States, approves the conduct of Mr. Calligan, it being, as is true, that, legally and internationally speaking, his continuance in New Orleans depends on higher authority than that of the military authority of that department. Respecting, finally, the other expressions which were to be transmitted to the captain general of Cuba, General Butler is doubtless ignorant that the governors of the provinces of Spain have no power to hinder the despatch of Spanish or foreign vessels in accordance with the laws, and seems even to be ignorant that the commanders of the military departments of the United States have not either the authority to hinder the vessels referred to and lawfully despatched from being received in the ports of his country open to commerce, as is that of New Orleans. Lastly, at the interview cited, Mr. Calligan asked that some reason should be given for the quarantine of the steamer Cardenas, and that General Butler postponed reply, the matter remaining in the same condition as before.
Under these considerations the undersigned doubts not the Hon. Secretary of State will disapprove of the conduct of the commanding general at New Orleans, entertaining the right to expect that in relation to the steamer Cardenas, if perchance not already done, she be released from a quarantine which, in any case, would already be too long, and having, besides damages which the illegal act done to her may have occasioned, and fixing the rules to which vessels coming to New Orleans must be liable, with due reciprocity in the island of Cuba, and least prejudice to commerce.
In what relates to the Roanoke, and the conversation with the consul of Spain, that that authority be made to understand that he must respect the sanitary regulations of the island of Cuba, that he treat with more consideration the consuls of friendly nations, and refrain from expressions which are not suited either to give security to trade, or to maintain friendly relations between the authorities of that island and those of the United States.
The undersigned avails of this occasion to renew to the Hon. Secretary of State the assurances of his highest consideration.
Hon. William H. Seward. Secretary of State of the United States,