Mr. Hunter to Mr.
Perry
No. 100.]
Department of State, Washington,
May 30, 1865.
Sir: I enclose herewith, for your information,
a copy of a note of this date, addressed to Mr. Tassara, on the subject
of the surrender of the ram Stonewall to the authorities of her Catholic
Majesty at Havana.
I take this occasion to acknowledge the receipt of your very interesting
despatches Nos. 194, 195, and 196, together with one not numbered, dated
April 29. Your proceedings are approved.
I am, sir, your obedient servant,
W. HUNTER, Acting
Secretary,
Horatio J. Perry,
Esq., &c., &c., Madrid.
Mr. Hunter to Mr. Tassara
Department of State, Washington,
May 30, 1865.
The undersigned, Acting Secretary of State of the United States, is
directed by the President to accquaint Mr. Tassara, envoy
extraordinary and minister plenipotentiary of her Catholic Majesty,
that official intelligence has been received at this department,
from the consul of the United States at Havana, that the insurgent
ram Stonewall, alias Olinde, which has been a
subject of recent correspondence between this department and Mr. T
assara was, on the 19th instant, surrendered by the person in charge
of her to the authorities at that port, in whose custody she is
supposed to remain. As this surrender must have been made for the
purpose of evading the capture or destruction of this vessel by the
naval forces of the United States, on her leaving Havana, which it
is believed were entirely competent for either of these purposes,
the proceeding must have been actuated by a desire to defraud: the
United States of their incontestable belligerent rights.
It is not conceived how, by the law of nations Spain could acquire
from the commercial possession of the Stonewall any title to that
vessel, if the person who made the deposit with the captain general
of Cuba had been, in fact, at the time of deposit a belligerent
rebel. Yet he could convey no title in an armed
[Page 540]
and hostile ship to a neutral state;
but, in point of fact, those in command of the vessel, had at the
time of her surrender, lost all the characteristics and privileges
of a belligerent. They were pirates; no more, no less. The Stonewall
belonged to their true sovereign the United States, even without
capture. Spain, as it seems to the United States, could not by
purchase or conveyance defeat the right of the United States to the
vessel.
Under these circumstances, and for the reasons stated, it is expected
that the vessel will be delivered to the consul of the United States
at Havana. Any reasonable expenses which may have been incurred by
her Catholic Majesty’s authorities, in consequence of the surrender
and custody of the Stonewall, will be paid by the Navy Department
here, upon presentation of the proper accounts.
The undersigned offers to Mr. Tassara, on this occasion, renewed
assurances of his highest consideration.
Señor Don Gabriel Garcia y Tassara, &c., &c., &c.,
