Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Lord Lyons to Mr Seward.
Sir: In pursuance of instructions which I have received from her Majesty’s government, I do myself the honor to submit to you the enclosed papers relative to the capture of a British schooner, the Don Jose, by the United States cruiser Juniata.
In a letter, dated the 15th July last, of which a copy is included among these papers, the district attorney of the United States at Key West stated, that, on a thorough examination of the ship’s papers, and the depositions of the witnesses examined, he was unable to find any facts which warranted the detention of the Don Jose, and he accordingly declared that he had no objection to her going to sea. To her Majesty’s government, by whom the case has been carefully examined, the seizure of this vessel appears to have been one of a very unjustifiable character, and to have been wholly unwarranted either by the papers, the cargo, or any of the circumstances.
Her Majesty’s government trust, therefore, that the government of the United States will have no difficulty in admitting that proper compensation is due to the parties injured by the seizure of the Don José.
The amount of the compensation would of course be a matter to be settled afterwards.
I subjoin a list of the papers which accompany this note, and I beg you to be so good as to send them back to me.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
[List of Papers.]
1. Authenticated copy of a despatch from the British vice-consul at St Jago de Cuba to the acting consul general at Havana, 17th July, 1863.
2. Authenticated copy and translation of a protest of the passengers and crew of the Don Jose, 9th July, 1863.
3. Authenticated copy of certificate of Commander Clitz, of the United States ship Juniata, 8th July, 1863.
4. Authenticated copy of protest of master of the Don Jose, 10th July, 1863.
5. Authenticated copy of letter from United States district attorney at Key West to acting British vice-consul, 15th July, 1863.
6. Protest of the master, supercargo, and one of the seamen of the Don José, 7th August, 1863.
British Vice-Consul at St. Jago de Cuba to the Acting Consul General at Havana,
Sir: I have the honor to inform you that the Haytien sloop Gustave arrived yesterday in this port from Cape Haytien, bringing eight passengers, named Petro Antonio Lopez, Antonio Rocher, Francisco Abril, Esteran Estivel, José Gabocho, Miguel Andreosabi, Juan Mat, and Gabriel Domingo Hylesias, who presented themselves before me with the enclosed certified copy of a protest, noted by them on the 9th instant, before her Majesty’s vice-consul at Cape Haytien, from which document it appears that the British schooner Don Jose, of Nassau, Lord, master, was captured by the United States steamer Juniata, off Matamoras, on the 3d instant, while on a voyage from Nassau to Havana; that Captain Lord and the supercargo were sent on to Key West in the schooner, with a prize crew on board; and that the passengers and seamen mentioned above were put on board the steamer, and subsequently landed at Cape Haytien, on the 8th instant.
I have, &c.,
FRED. W. RAMSDEN, Vice-Consul
John V. Crawford, Esq., Her British Majesty’s Acting Consul General, &c., &c., &c.
Havana, August 13, 1863.
I do hereby certify the foregoing to be a true and faithful copy, word for word, compared, of the original on record in this office.
Protest of the passengers and crew of the Don José.
On the 9th day of July, 1863, before me, her Britannic Majesty’s vice-consul William Borden, esq., appeared the following parties, landed here yesterday by the United States steamer Juniata,Commander Clitz, now in this port, said parties being [Page 463] the passengers, supercargo, and crew taken forcibly from on board of the British schooner Don Jose of Nassau, on the 2d instant, near the island of Cuba, appeared, as above stated, to make their depositions in this consulate respecting the illegal act through which they found themselves at this place, and at the same time with the intention of solemnly protesting against the damages which they suffer, as also to reserve their rights in this unjust and arbitrary case. The undersigned parties, D. Pedro Antonio Lopez, supercargo; D. Antonio Rocha, D. Francisco Abril, passengers Esteban Estebal, Jose Grabacho, Miguel Andecosabi, Juan Mas and Gabriel Domingo Yglessia, seamen, all belonging to the schooner Don Jose, Lord, master, declared and duly stated together that on the 28th day of June last they left Nassau, N. P., at 6 a. m., the passengers being duly, provided with passports, vized by the Spanish consul at that place, bound for Havana, with a cargo consisting of 100 bags of salt and 14 bales of cotton, as far as they remember. That nothing particular occurred until the 2d instant, at 51/2 a. m., when they saw a steamer to the westward bearing towards them; that at 6 a. m. she fired a shotted gun, the shot passing over the sails, and at the same time she hoisted American colors. The master of the schooner answered by setting his British ensign, waiting the steamer’s movements. The latter lowered a boat, and boarded them. What was their surprise, when the officer who was in the boat, on coming alongside of the schooner, ordered eight of his men on board, and took the helm. He went below into the cabin, after taking all the master’s papers, and ordered the passengers to deliver up all those they might have; and as on board the schooner there was no other trunk than that belonging to D. Francisco Abril, they had placed all their papers and money under that lock and key. Mr. Abril opened the trunk, and the officer, who was called Mr. Simpson, commenced searching its contents, and taking what papers he pleased, without paying any attention to Mr. Abril, who protested against such a proceeding, and especially at the officer’s seizing a sum of £5,000 and over in bank of England notes, which D. Jose Mas had confided to him at Nassau, under cover duly sealed for delivery to D. Jose Prats at Havana, both the money and the letter which accompanied it being addressed to the said Jose Prats, the amount, as appears by the receipt which Mr. Abril gave the said D. Jose Mas, at Nassau, agreeing with the bill of lading signed by Captain Lord for this package of money. Mr. Abril having demanded from Mr. Simpson, the officer, a receipt for what he took from him, the answer was, “Go to hell!” Mr. Abril also declares that Simpson took away from him private letters from his family, a contract for cattle entered into with Messrs. Melhardo, Morris & Co., of Truxillo, Honduras, and all the letters and papers he could find in the chest, together with about $300 in cash. Mr. Abril for the second time asked for a receipt, but he was treated with great indignity on the part of the individual calling himself an officer, but who in reality, from his conduct, was unworthy of any such title. He then took away Captain Lord, with all the papers and money, and half an hour afterwards he returned with Captain Lord, and informed us that we were prisoners, on the plea that he had found so much money on board the schooner, besides some confederate notes on the supercargo, and also 14 bales of. cotton, which was sufficient evidence that they were from a confederate port, and that therefore both passengers and sailors might pack up their traps. Under the circumstances each one commenced to look after himself; but great was their surprise when the officer, Mr. Simpson, ordered them to leave many of the things they had got ready, threatening them at every moment that he would send them in the steamer’s boat, so that each one was allowed to take what he could carry in his arms. All this passed on board of the schooner, and they do not believe the facts can be more truly stated, being convinced that such acts as these deponents had the misfortune to experience from a United States ship-of-war have no precedent as regards the manner of such cruel treatment towards persons upon [Page 464] their lawful avocations. D. V. Abril, as passenger on board the Don José also declares that he had private property which he wished to take with him when he left the vessel, such as a spy-glass, sextant, charts and maps, and such things as belong to a mariner;also a package containing 16 dozen silver thimbles, which were forcibly taken away from him, as likewise were seized a purse containing $36 in cash, belonging to the cook, G. D. Ygelepias, and the greater part of the clothes and bedding of the crew. From the vessel the captain took away as much liquors and eatables as their boat would carry.
At 9 a. m. deponents were taken on board the Juniata, where up to the 8th instant they have been treated like criminals treat their victims who fall into their power.
We, therefore, the deponents, have appeared at her Britannic Majesty’s consulate to protest, under the profound conviction that the British government,which protects passengers seeking an asylum under its flag will see us righted, and they hereby protest in the most solemn and most “formal manner for all losses and damages which they now are suffering, or may suffer, placed in such a situation landed in a foreign port, cut off from communication with the place of their destination, without their property or resources of any kind, stripped of the means of subsistence, having no connexion nor anything in common with the war now going on against the southern United States, having been legally cleared from one neutral port direct to another, and made prisoners, the lands of Cuba and Matamo-ras being distinctly in sight. For all these reasons and arguments we are morally convinced that the flag of Great Britain will serve us as a guarantee through for the restitution of the losses we have suffered, aiding us, through its high intervention, to obtain a just indemnity.
Thus declared, protested, and signed, in the mother tongue of the deponents, at Cape Haytien, on the above-mentioned date, before me,
Certificate of Commodore Clitz.
Sir; This is to certify that Francisco Abril Ledro Antonio Lopez, Antonio Rerba, Esteban Elebul, Jose Gabacho, Miguel Andreosebi, and Juan Mas were taken from the schooner Don Jose, on the 2d of July, 1863.
[Untitled]
I do hereby certify the foregoing to be a true and faithful copy, word for Word, compared of the original, on record in this office.
[l. s.]
Protest of the master of the Don José.
HER BRITANNIC Majesty’s VICE-CONSULATE FOR THE STATE OF FLORIDA AND PORT OF KEY WEST.
Note of protest of the British schooner Don José, James E. Lord, master.
James E. Lord, master of the British schooner Don José, of Nassau, New Providence, appears this day at the office of the British vice-consul, at the British vice-consulate office, at Key West, and notes his protest, by reason of damage sustained both to his vessel and cargo, from having been illegally seized, when on a voyage from Nassau to Havana, by the United States gunboat Juniata, being at the time about 30 miles south by east from Cardenas (the north side of Guba) light-house.
[Untitled]
I, J. B. Browne, acting vice-consul, do hereby certify the foregoing to be a true and correct copy of the original note of protest, recorded in this office.
In testimony whereof, I do hereunto set my hand and seal of office, at the port of Key West, this 31st day of July, 1863.
[l.s.]
J. B. BROWNE,Her Britannic Majesty’s Acting Vice-Consul.
British Consulate General, Havana, August 7, 1863.
A true copy of the original document on record in this office.
United States District Attorney to her Majesty’s Vice-Consul.
Sir: The master of the British schooner lately sent into this port as prize called the Don José, request me to state that no proceedings have been instituted against the vessel. Such is the fact. On a thorough examination of the ship’s papers, and the depositions of the witnesses examined, I am unable to find any facts which warrant her detention; and I have no objection to her going to sea at any time.
I am, &c,
Joseph B. Browne, Esq., Acting British Vice-Consul.
[Untitled]
I do hereby certify that the foregoing is a true and correct copy of a note received from Thomas J. Boynton, esq., the United States district attorney for [Page 466] the State of Florida, now on file in this office. In testimony whereof, I have hereunto set my hand and seal of office, at Key West, this 31st day of July, 1863.
[seal.]
J.B.BROWNE, Her Britannic Majesty’s Acting Vice-Consul.
British Consulate General, Havana, August 7,1863.
A true copy of the original document on record in this office.
Protest of the British Schooner Don José.
[l. s.]
[Triplicate.]
Know all men by this public instrument of protest, that, on the 7th day of August, in the year of our Lord 1863, at the office of the British consulate at Havana, before me, John Vincent Crawford, esq., her Britannic Majesty’s act-ing consul general in Cuba, personally appeared James E. Lord, master, Ceferino Almonaterio, supercargo, and John Mass, seaman, all of and belonging to the British schooner Don Jose, of Nassau, New Providence, (official, No. 46,703;) and being severally sworn upon the Holy Evangelists of Almighty God, declared that they, on board of the said vessel, she then being tight, staunch, and strong, well fitted and provisioned, and in every respect complete for their then intended voyage, and being laden with a general cargo of merchandise, set sail and departed from Nassau, New Providence, on the 28th day of June last, and proceeded on their voyage towards this port of Havana, their clearance and other papers being in perfect order. That nothing remarkable occurred until the morning of the 2d of July, when, about six o’clock, the island of Cuba being in sight, Cardenas bearing south by east about 30 miles distant, a screw steamer, bearing no colors, fired a shot across their bow. They immediately brought to By the wind, and set their ensign. About an hour afterwards they were boarded by an armed boat of the said steamer, which they were informed was the United States ship Juniata. The boarding officer demanded the vessel’s papers, and after examining them, said to the master, “You dare show me such papers as these?” and ordered the British ensign to be hauled down, paying no attention whatever to the master’s protest against such proceeding. The master was ordered to proceed on board the Juniata, where he was detained about an hour, and on his return to the schooner he found that every chest, trunk, and even his own private lockup, had been broken open, the contents having been ransacked and pillaged, and that his nautical instruments, charts, and papers had been taken away. The boarding officer then ordered the master, the crew, and the passengers to go on board the Juniata, not giving them time to pack Up their clothes, and about three hours after the commander informed them that he considered their vessel a legal prize, and would send her to Key West. Upon which the master requested to be sent along with the schooner, accompanied by his supercargo and cook, which was allowed, with the exception of the cook. As soon as they reached the schooner, they were informed by the boarding officer that they were prisoners, and would be treated as such. A prize crew, under the command of a Mr. Taylor, was then left on board, and they started for Key West. The prize officer having found out part of the cargo consisted of ten demijohns of rum and a quarter cask of wine, commenced carousing with his crew, and neither he nor any of his men were sober from that time up to their [Page 467] arrival at Key West, so much so that the vessel struck the ground on two occasions; and had the master not compromised with the prize officer to pilot the schooner to her destination, it is probable that she would have been lost, with all hands. On their arrival at Key West, on the 7th of July, they were detained on board for twenty-four hours, and refused all communication with the shore. That on being allowed to land, the master went to the marshal’s office, and demanded his papers, which were refused him, whereupon he noted his protest at the British vice-consulate. After three days spent in the examination of the ship’s papers, and of witnesses, the United States attorney declared that there was no room for proceeding against the schooner, there appearing nothing to warrant her detention; and the papers having been returned to the master, he engaged a crew, and was allowed to proceed with his vessel to this port, where she arrived on the 17th of July, the master duly reporting the facts at this office, and desiring to extend his protest, which, however, could not be done until today, as the master had left some of his documents at the consul’s at Key West. The rest of the crew were taken by the Juniata to Cape Haytien, from which place they have since arrived here. Now, therefore, these appearers desired to protest, and by these presents do most solemnly protest, against the commander, officers, and crew of the United States ship Juniata, and against the government of the United States of North America, under whose orders the said commander, officers, and crew have acted, for the unjust and arbitrary seizure and detention of their vessel, the Don Jose, and her cargo; and for all losses, damages, averages, demurrage, and loss of markets which have been sustained, or may have arisen to the said schooner, Don Jose, her tackle, apparel, or to the cargo and other property on board, in consequence thereof; for these appearers solemnly swear that they have done nothing whatever to warrant the seizure and detention of their vessel as aforesaid.
JAMES E. LORD.
CEFERINO DE MONASTERIO.
JUAN MASS.
Signed and declared before me this 7th day of August, 1863.
[l. s.]