Mr. Tassara to Mr. Seward.
The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, had the honor to receive in due season the note of the honorable Secretary of State upon the conduct of the cruisers of his navy on the coasts of Cuba, together with the correspondence transmitted by the honorable Secretary of the Navy.
Still more recently he has received from the governor captain general of that island another communication on the subject, with another copy of the reply of the commander of the American squadron of the Gulf to the commander of the Spanish frigate Petronila.
The undersigned does not doubt the intention manifested by the honorable Secretary of the Navy, as well as by said commander of the Gulf squadron, to respect the maritime jurisdiction of the island of Cuba. He must, nevertheless, insist that this has not always been verified, but hopes, in every view, that the orders issued will be strictly complied with, so as to avoid questions, and even conflicts, the responsibility whereof can in no case fall upon the authorities of the island of Cuba. Another important point presents itself, and that is, the limit of maritime jurisdiction, which the commandant of the Gulf squadron indicates as at three miles from shore.
Without receiving this either as a principle or as an established fact, and remitting the decision of the point to his government, the undersigned will remark that, whatever may be the limit of a jurisdiction, all the rules of the law of nations have always been opposed to the exercise upon the very boundary of a foreign territory of such watching as is equivalent to a species of blockade, by frightening away, or at least prejudicing, the commerce of a friendly nation. Such, without doubt, appears to be the case upon the coasts of Cuba, and the honorable Secretary of State will please to keep this in mind in the instructions which may be given to those cruisers.
[Page 524]The undersigned will not finish without assuring the honorable Secretary of State that the wishes of the government of her Catholic Majesty, of the authorities of Cuba, and his personally, are, as always, to maintain, with loyalty, friendly relations with the government of the United States, and for this reason he sees with greater regret the repetition of incidents which may prejudice that result. The undersigned avails himself of this occasion to repeat to the honorable Secretary of State the assurance of his highest consideration.
Hon. William H. Seward, Secretary of State of the United States,