Mr. Koerner to Mr. Seward
No. 32.]
Legation of the United States,
Madrid,
April 4, 1863.
Sir: On the 1st of April I addressed a note to
the minister of foreign affairs, of which I enclose a copy, (marked A,)
and which will explain itself.
I also sent him, on the same day, another one covering the resolutions of
Congress concerning foreign intervention, in which I informed him that,
having received no answer to my request for a personal interview, made
on the 28th of March, for the purpose of reading to him said
resolutions, I felt constrained to transmit the same to him, as it was
desirable that a document of such importance should be brought at an
early period to the knowledge of her Majesty’s government.
An hour or two after I had sent the notes, I received a communication
that the minister would see me on the 7th of April, and also a note
dated the 1st of April, in reply to mine directed to the minister’s
predecessor, General Serrano, (Duke de la Torre,) on the 23d February
last, and which treats of the events which lately happened in and near
the island of Cuba. I enclose a translation of said note, (marked
B.)
You will perceive by its tenor that, with the exception of the complaint
as to the discrimination made against us in admitting vessels at unusual
hours into the port of Havana, and in regard to which the government
here has asked information from the Spanish authorities there, to
ascertain the facts, all the other grievances are considered by the
Marquis of Miraflores as not well founded.
I have not yet replied to this last note, principally for the reason that
on the 2d of April the high church festivities commenced, and that
before Tuesday next no secular business is expected to be transacted.
Without anticipating the final decision of the President on the question
raised by our complaints, and the manner in which they are viewed by the
government here, I shall certainly, either by note or verbally, state to
the Marquis of Miraflores that I cannot share his belief that the
President will be satisfied with the reasoning of the Spanish Department
of State, suggesting to him my objections, and preparing him for similar
ones, as likely to be expected from the President.
I am, sir, with very great respect, your obedient servant,
Hon. William H. Seward, Secretary of State,
Washington.
[Page 973]
A.
Legation of the United
States, Madrid,
April 1, 1863.
Sir: On the 23d day of February last I had
the honor to address a note to General Serrano, your excellency’s
predecessor, according to his request, on the subject of certain
important events which had happened in and near the island of Cuba,
and on account of which I had been instructed by the President of
the United States to make proper representations to her Majesty’s
government, and to expect explanations which should prove
satisfactory to the government of the United States. To this
communication, as well as to others of less importance upon divers
subjects, I have thus far received no reply.
I am not unmindful of what you remarked to me on the occasion of the
two brief interviews which I had the honor to hold with your
excellency on the 8th and 22d of March last, respecting the very
large amount of business devolving upon you at your recent entrance
into office as president of her Majesty’s council and first
secretary of state, and the consequent delay which naturally would
arise in the transaction of business, owing to the circumstances
surrounding your excellency.
But your excellency having been pleased, in our last interview, to
promise me an answer by note in a few days, and the questions
pending being of such a character that my government has certainly
expected me to report upon them a long time ago, I feel myself
constrained to proceed according to my instructions, and to transmit
to your excellency, enclosed, a copy of a despatch from the
Secretary of State of the United States of the 30th of January last,
relating to the events at and near the island of Cuba, with the
urgent request that your excellency take the subjects therein
mentioned into serious consideration, and act upon them as promptly
as possible.
I beg to repeat here what I have stated in my note to General
Serrano, viz: that the question as to the misdeed alleged to have
been committed by her Majesty’s vessel-of-war the Princesa de
Asturias, in firing upon and detaining the United States aviso W. B. Reaney on the open sea, is one
which can be disposed of at once, since her Majesty’s government, as
I have understood from General Serrano, is in possession of the
facts of the case, as reported by the authorities of Spain at the
Havana.
I embrace this opportunity of assuring your excellency of my most
distinguished consideration.
His Excellency the Marquis of
Miraflores, First Secretary of State
of her Catholic Majesty.
B.
[Translation.]
Department of State, Palace,
April 1, 1863.
Sir: Being informed of the confidential
note which, on the 23d of February last, your excellency was pleased
to direct to my predecessor, the Duke de la Torre, bringing to his
knowledge various complaints brought by the honorable Secretary of
State of the United States against the authorities of Cuba, and
against the commander of her Majesty’s cruiser Princesa de Asturias,
your excellency will permit me to observe that, in my opinion, among
the events to [Page 974] which Mr.
Seward refers, the only one that might give occasion for
reclamations, if it should prove true, is the giving permission to
the confederate vessel Florida to enter the port of Havana, where it
arrived at 8 o’clock in the evening of the 20th of January, while it
was denied to the federal vessel Wachusett, which arrived at 6½
o’clock p. m. on the 22d, on account of the lateness of the
hour.
The government of the Queen my lady, which has undertaken to guard
the strictest neutrality in the war through which the United States
are now passing, could not tolerate the partiality which the
denounced act would indicate on the part of the authorities of Cuba;
and not believing them capable of deviating from the instructions
they have received, asks them, tinder this date, to give
information, in the shortest possible time, of what occurred
concerning this subject. This same neutrality, of which so many
proofs have been given, imposes upon the government of her Majesty
the obligation to admit the vessels of the south into all Spanish
ports; and in nowise has it wanted in faith towards the government
of the Union, by permitting the Florida to enter Havana after having
destroyed a ship of her enemy. And if the Florida was permitted to
sail from that port before the twenty-four hours after the United
States despatch steamer Reaney had put to sea had expired, it is
because in the nineteen hours that transpired between the departure
of both, the latter, which directed its course towards Cayo Hueso,
was able to gain a much greater distance than sufficient to escape
capture by the Florida; and in this manner the obligation which the
law of nations lays upon neutral powers was complied with. Your
excellency will easily understand that in that time the Reaney could
not only arrive at her destination, but almost to return to
Havana.
As far as regards the detention of the Reaney by the Princesa de
Asturias, arising in the jurisdictional waters of Cuba, it is
justified by the right belonging to every vessel-of-war to detain,
and even to search, within the limits under the jurisdiction of its
country, any merchant vessel, particularly when the latter pays no
attention to its signal. And that this detention took place in the
waters of Cuba is evident, not only from the declaration of the
commander of the Princesa de Asturias, but also from what may be
deduced from the fact that the Reaney returned to Havana,
notwithstanding that she was carrying the official
correspondence.
In respect to the answer given by the captain general of Cuba to the
consul of the United States, the government of her Majesty finds
nothing censurable in it, since the terms in which it is held are
not less courteous than could be expected from that authority, and
its laconic brevity may be attributed to the fact that the consul
engaged himself to judge of questions of law, and of dispositions of
her Majesty’s government which are beyond his power, and into the
discussion of which General Dulce was not allowed to enter with
him.
I believe that the government of the Union will be satisfied with the
explanations I herewith give to your excellency, and that it will be
convinced that that of the Queen my lady, which is anxious to
preserve the truly friendly relations uniting the two countries,
cannot disapprove of the conduct of the authorities of Cuba, which
are in every respect in conformity with the requirements of law, and
with the royal decree of neutrality, unless it should prove true
that the entry into the Havana was refused to the Wachusett after it
had been conceded to a confederate vessel under like circumstances,
concerning which, as I assure your excellency, information has been
requested of the captain general of that island.
I improve this opportunity to renew to your excellency the assurances
of my most distinguished consideration.
EL MARQUES DE MIRAFLORES.
The Minister Plenipotentiary of the U.
S.
