Mr. Dana to Mr. Seward.
Sir: I have the honor to submit to you the following report in the case of the Cherokee: On Friday, June 15, between 1.30 and 2 p. m., a clerk of the Spanish consul called at my office with a statement respecting the steamer Cherokee.
[Page 619]That steamer had been cleared in the morning for San Francisco and intermediate Pacific ports, and was lying in the stream, on the point of sailing, waiting only for a fireman, as it was understood. This was the first intimation that had been made against the vessel. The clerk who called had no personal knowledge on the subject, and brought nothing in writing, and had only a statement, at second hand, from a fireman whose name he did not give, to the effect that the Cherokee had cannon and ammunition in her hold, and was intended to enter the service of Peru or Chili as a privateer, to cruise against Spanish commerce. He was told that nothing could be done without some evidence being submitted to me or to the collector upon which a judgment could be based.
The collector was out of town, but sending to the custom-house I learned that no suspicions had been there entertained of the vessel, and that she had been cleared by Messrs. Harrison, Lovering & Co., a highly respectable firm largely concerned in steamers.
I then sent a telegram to yourself, requesting instructions.
At about 4 p. m. the Spanish consul called at my office with two gentlemen, but neither of the three had any personal knowledge on the subject, and the charge against the Cherokee I found was not even at the first stage of hearsay—a person having reported to the consul what another person had told him respecting her outfit and destination. Indeed, these gentlemen did not seem to appreciate—what we think so much of under our system—the difference between direct and hearsay testimony. Still, as the vessel would sail at once, (if she had not already sailed,) leaving no time for the collection of proofs, and the consul had evidently an honest and earnest suspicion, and the consequences of letting loose such a vessel upon friendly commerce would be so grievous, I took the responsibility, having received no reply to my telegram to yourself, of instituting a proceeding against the vessel without anything that could strictly be called proof.
I explained this to the Spanish consul, and told him that I rested entirely upon the faith of his having formed a sound judgment on reasonable grounds, and that if sufficient proofs were not produced the next day to satisfy me that there was reasonable ground for continuing the proceeding, the vessel must be released, and we should expect him to be responsible for damages. To this the consul assented, and expressed himself as greatly obliged to me for my course. At my request he made affidavit that he had been informed, on trustworthy evidence, and believed that the Cherokee would, if she went to sea, engage as a cruiser against the commerce of Spain, in the service of Peru or Chili, and that she was equipped and fitted out with that intent.
It was already after office hours, but I had requested the clerk and marshal to remain at their posts. On this affidavit I filed in the district court a libel of information against the Cherokee as forfeited to the United States for breach of the act of 1818, for the preservation of neutrality, obtained a warrant for her arrest and that of all materials or equipments unlawfully prepared. The warrant was placed in the marshal’s hands at 5 p. m., and by 5.30 p. m. the deputy marshal was on board the revenue cutter. There he learned that the Cherokee had been gone to sea nearly two hours, having left the roads, under steam, as early as 4 o’clock, or between 3.30 and 4 p. m. As she had so long a start and was a fast vessel, and the cutter would be obliged to wait to get up steam, it was thought useless to attempt pursuit.
At 6 p. m. I received a despatch from yourself directing me to have the Cherokee detained if probable cause appeared.
On Monday, the 18th, the Spanish consul called with the same gentlemen, but still without anything in the nature of proofs. He has, however, sent to me one man, an American, who has some indirect testimony, and promises to bring me other witnesses.
If this evidence furnishes probable cause, I shall institute personal proceedings against any parties implicated.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State.