Mr. Harvey to Mr.
Seward.
No. 392.]
Legation of the United States,
Lisbon,
April 26, 1866.
Sir: Commander Harrell, of the United States
ship Kearsarge, addressed me a letter from the “quarantine ground” on
the 21st instant, which reached the legation on Sunday morning, the 22d,
at half-past one o’clock, complaining of
[Page 100]
the unjust restraint imposed upon his ship, and
asking my intervention to procure her release. I answered him
immediately, with the best assurances that could be given under the
circumstances, and despatched the reply to the ship by a special
messenger.
A note representing the case was communicated to the minister of foreign
affairs on Monday, the 23d instant, at 2 p. m. As no answer had reached
me at noon yesterday, and as there was reason to fear delay and further
inconvenience to the ship, from the tedious formalities too much
practiced in this country, I determined to make a personal effort to
attain the desired object by a visit to the minister, though almost
unfit for any exertion whatever, in consequence of a painful
indisposition. I requested our consul to accompany me, as he had been in
constant communication with the Kearsarge. The Count de Castro was not
to be found, and I then sent for the under-secretary for foreign
affairs. The case was carefully explained to him in detail, and emphasis
laid upon the facts, that the regular quarantine had expired; that a
special physician appointed by the board of health had reported the ship
ready for pratique and free from every sign of epidemical disease five
days ago, and that if hesitation was now manifested on the part of the
board of health to liberate the ship, owing to an excited public
opinion, that board was itself responsible, since its visiting agent had
spread the first alarm of “yellow fever,” when no such fact existed and
when he had no possible means of establishing that prejudicial
presumption. I concluded by asking the immediate release of the ship, or
satisfactory reasons for her further detention, saying at the same time
that if one or the other course was not pursued, I should feel bound to
recommend a retaliatory quarantine on every Portugese vessel of commerce
now in the ports of the United States.
I have the pleasure to inform you that the Kearsarge was liberated a few
hours after this interview, and that I had a visit last evening from her
commander to express his acknowledgments, although the reply of the
minister of foreign affairs has not yet been received.
In this country the council of health is an organization almost
independent of the government, and is sometimes unnecessarily rigid in
its precautionary measures. The public mind being sensitive to every
possibility of the presence of epidemics, caused by repeated and sad
experience, is naturally inclined to sustain whatever sanitary
regulations may be adopted, without much considering the convenience or
rights of those who have to endure them. While disposed in every way to
submit to and to second all proper rules in this respect, it seemed to
me more than unreasonable that the Kearsarge should be subjected to an
arbitrary and exceptional discipline, without the color of a sufficient
cause according to the reports of the chosen officials of his Majesty’s
government. Hence the representation which I felt it to be my duty to
make on this subject.
All the correspondence is herewith transmitted, in order that the exact
facts may be seen and appreciated by the department.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
Commander Harrell to Mr. Harvey.
U. S. Steamer Kearsarge,
(3d rate,) Quarantine Ground,
Lisbon,
April 21, 1866.
Sir: With some doubts whether the subject
of this letter is a proper matter for your consideration and action,
my present situation, I venture to hope, will be sufficient apology
for thus troubling you.
We arrived at this place on the 11th day of April from the coast of
Africa, having touched
[Page 101]
at
Porto Grande, island of St. Vincent, and Madeira, for coals and
supplies. We were unfortunate enough to contract the fever on the
coast of Africa, whereby we lost seven officers and seven men within
thirteen days. The first death took place on the 18th of March, and
the last on the 28th day of the same month. The last case of fever
occurred on the 25th of March, and the man has recovered. When we
arrived at this port I told the health officer all that had occurred
on board; gave him a full, complete and truthful history of the sad
affair. He said at once it was yellow fever, but as there was no
case on board at this time we must submit to a quarantine of eight
days, in order to ascertain if there was any fever in the ship.
During the eight days the surgeon made a daily report to the health
officer, showing that there was no sickness other than that
incidental to a man-of-war. At the expiration of the quarantine
fixed by law, instead of obtaining pratique, a new doctor was sent
on board from the city, (Doctor Francisco M. de Souza,) with orders
to examine the ship and crew, and then proceed to the Lazaretto and
make his report. He did so and reported the ship perfectly prepared
for pratique, telling me (so confident was he) that we would all be
on shore that night. Instead of that happy consummation the same
doctor received orders this morning to visit the ship every day and
report her condition to the board of health. This is what I complain
of, and it surely betrays a want of confidence in the integrity of
the surgeon of this vessel and myself.
I have never known a ease where a doctor was sent on board of a
man-of-war, except at the termination of quarantine to inform the
captain of his release. The doctor, who is ordered to perform this
unpleasant duty, is mortified at finding himself thus situated. I
feel it to be an insult to both the surgeon and myself, and yet I
fear to refuse to receive his visit, lest it should be wrongfully
interpreted, and give them a pretext to pretend to believe that we
wished to conceal something.
I have thus laid the circumstances candidly and truthfully before
you, and respectfully invoke your aid to release us from this
unpleasant situation.
I have the honor to be, sir, your obedient servant,
A. D. HARRELL. Commander United States
Navy.
James E. Harvey, Esq., at Lisbon, Portugal.
Mr. Harvey to Commander Harrell.
Legation of the United
States,
Lisbon,
April 22, 1866—Sunday, 11½ o’clock a.
m.
Sir: I have just now received your letter,
bearing yesterday’s date, and shall present the subject to the
notice of the minister of foreign affairs to-morrow morning.
The board of health is an organization almost entirely independent in
its sphere, and its proceedings heretofore have frequently
occasioned much embarrassment.
From a publication made yesterday in the Jornal do Commercio, and
evidently upon the authority of the board of health, it would appear
that it is really disposed to give free pratique immediately, but
has been embarrassed by an alarm spread through the community of the
presence of yellow fever on board the Kearsarge, occasioned by the
ravages of that scourge here a few years ago, and the apprehension
caused by the approach of the hot season.
It is impossible to reason with such a panic, and hence the
difficulty which has occurred in releasing the ship from an enforced
and unjust restraint.
I have felt an unaffected and earnest sympathy with the sad condition
of your ship, and have endeavored, of my own accord, to disembarrass
it, as far as possible, upon an imperfect knowledge of the facts. If
the exact circumstances had been made known to me, as they are now,
I should certainly, and at once, have exerted every effort to
release the ship.
I have the honor to be, sir, your obedient servant,
Commander A. D. Harrell,
United States Steamer Kearsarge, Quarantine
Ground.
Mr. Harvey to Count de Castro.
Legation of the United
States,
Lisbon,
April 23, 1866.
Monsieur le Ministre: I have the honor to
transmit with this note a copy of a letter addressed to me by the
commander of the United States steamship Kearsarge, complaining of
the illegal detention of his ship at quarantine, under circumstances
of peculiar hardship and wrong.
The Kearsarge left this port in the month of February, for a cruise
to the coast of Africa.
[Page 102]
While at Sierra Leone, the fever peculiar to that country manifested
itself on board with great violence, and in the course of ten days
carried off fourteen of the officers and crew, the last death
occurring on the 28th of March.
The commander of the ship as soon as was practicable quit that
unhealthy region, and sought a change of latitude. Immediately upon
meeting the trade winds on his return towards the continent of
Europe, the fever disappeared as suddenly as it had assailed the
ship, and the last man attacked (on the 25th March) recovered, and
is now perfectly well.
Under these circumstances the Kearsarge returned to Lisbon on the
11th instant. Upon being visited by health officer, a complete and
faithful report of the facts was made to him, and he, without seeing
a case, (for there was none on board,) assumed to pronounce the
disease “yellow fever,” and through that assumption has spread the
unfounded and exaggerated rumors in the newspapers and through the
community, to the great injury and inconvenience of the ship.
I forbear now from commenting upon the extraordinary proceeding of
this health officer, in pretending to pronounce upon the character
of a disease which he had no possible means of verifying, and of
thus circulating reports calculated to excite alarm and
prejudice.
A quarantine of eight days was ordered, in order to establish the
fact whether or not there was any vestige of fever in the ship. That
restraint expired on the 18th instant, and instead of free pratique
being granted, a special physician, Dr. Francisco M. de Souza, was
detailed to examine the ship and crew, and to make a formal report.
I am advised that report was entirely satisfactory, and declared the
ship perfectly prepared for pratique. Yet, in spite of these
precautions, the Kearsarge is not only still detained at quarantine,
but the most unusual and objectionable proceeding is adopted of
sending a physician on board daily, as if to authenticate the
official statement of the commander and surgeon of the ship.
It is proper for me to draw the attention of your excellency to the
material points of this case, as it may assume another phase
hereafter, because, although every nation has an undoubted right to
impose its own sanitary regulations, and to protect the public
health, other nations have also rights under treaty and established
usage, which may not be ignored by boards of health arrogating to
themselves a capricious exercise of power.
1.The last case of fever on board the Kearsarge occurred on the 25th
of March, (a month ago, within one day) and the man attacked is now
entirely well.
2.That the eight days of regular quarantine imposed by law or
regulations expired on the 18th instant, and that no cause of any
kind has been shown for refusing pratique.
3.That five additional days (including the present) have elapsed
since the term of legal restraint expired on the 18th instant,
without the least manifestation of fever or epidemical disease.
4.That the daily official reports prove the sanitary condition of the
ship to be that of an ordinary man-of-war, with a corresponding
compliment of officers and crew.
5.That the inspection made by a special physician, ordered by his
Majesty’s government for that purpose, reported the ship to be in
all respects fit for pratique, and in a healthy state five days ago,
and that that report and the facts have been disregarded to the
serious detriment of the ship and that of the officers and crew, who
are thus subjected to a harsh and unjustifiable imprisonment.
It becomes my duty under these circumstances to ask for the immediate
release of the Kearsarge from quarantine, or the exact reasons for
her enforced detention, and to notify his Majesty’s government that
reclamation will be made for the injuries and losses resulting from
the restraint imposed on the ship beyond the regular and established
period of quarantine.
I avail myself of this opportunity to renew the assurances of my most
distinguished consideration.
His Excellency the Count de Castro,
Minister and Secretary of State for Foreign
Affairs.
