No. 305.
Mr. Mantilla to Mr. Seward.
Washington, August 4, 1877. (Received August 6.)
The undersigned, envoy extraordinary and minister plenipotentiary of His Catholic Majesty, has the honor to address the honorable Acting Secretary of State, F. W. Seward, in regard to what happened to the [Page 526] American whaling-vessels Ellen Rizpah and Rising Sun on the southern coast of the island of Cuba in the middle of May last.
As soon as the Government of His Catholic Majesty had knowledge, through the medium of its representatives at Washington, of what was related by the press of this country with respect to the former of these vessels, haste was made to order him to give assurances to the Government of the United States that if, on careful investigation of the occurrences, it should result that there was committed on the Ellen Rizpah any unusual restriction of the international law, there would be no delay in explanations appropriate to the dignity of the two nations, a duty which the undersigned fulfilled on the 12th of June last in a confidential manner, owing to the occurrences not being well understood and there not being yet in the Department of State the information necessary to a thorough discussion of the question, reserving to himself to enter into this in a more solemn manner when such information should be obtained by one or the other party, and the occurrences could be appreciated with exactitude.
Meanwhile the press has spoken of a new incident which has taken place, also on the southern shores of Cuba, with respect to the American whaling-vessel Rising Sun, and the undersigned has received some information which, although not sufficient to enable a final judgment to be formed in regard to the two affairs, permits him, at least, to assert that they have not the importance which, under the influence of first impressions, it was endeavored to give to them, at the same time to demonstrate the good will and firm decision with which the Government of Spain is disposed to satisfy the complaints which in regard to this matter the United States may feel like making, even before they are formulated, and to prevent hereafter any cause for similar ones arising from the same causes. Although between the publicity given to the affair of the fishing-vessel Ellen Rizpah, and that given to the affair of the fishing-vessel Rising Sun, there intervened time enough, and the length of this interval may have caused the newspaper press to believe, it being easy in all countries to be excited to impulses of patriotism, that on the part of the war-navy of Spain there existed a purpose to molest the American merchant-vessels found on the coast of Cuba, the undersigned can asseverate that the first affair happened on the 15th of May last, and the second on the 22d of the same month, and that in both the perpetrator was not a war-vessel of the Spanish navy, properly so called, but a small auxiliary vessel of one of the gun-boats that watch said coast, the skiff Veloz, a vessel of light draught, expressly intended to have custody of the keys, in which, owing to their shoal depth, the gunboats cannot penetrate without danger, and which vessel, on account of its small importance and the especial service that it has to perform,, is under the command of a cockswain.
One of those keys, called the “Twelve Leagues,” owing to its great extent, is the point at which the filibusters who leave the neighboring: island of Jamaica in small vessels with commodities of war for the coast of Cuba, are in the habit of taking refuge when bad weather is experienced in crossing, or where they deposit those commodities until they have an opportunity to convey them to their destination; and in one of the anchoring grounds of that key, always watched by the smaller auxiliary vessels of the Spanish navy, in the anchoring ground of Cachiboca, was exactly where, on the 15th of May, fleeing, from the storm that prevailed, the American whaling-vessel Ellen Rizpah took refuge. Through such circumstances, and through these shores not being a place for the catching of whales, that vessel was naturally suspected [Page 527] by the cockswain of the skiff Veloz who was at Cachiboca, and he sent for a vessel of war to examine her. As soon as the nearest naval authorities had knowledge of the affair, they ordered the gunboat Guardian, of which the skiff Veloz is the auxiliary, to sail immediately in search of the fishing-vessel Ellen Rizpah, while the gunboat Marinero was sent to reconnoiter the keys near to Cachiboca to see if the suspected American vessel had landed thereon commodities of war for the enemy, the commanders of both vessels bearing instructions to repair immediately any error that might have been committed by the master of the Veloz. The gunboat Marinero was the first to reach Cachiboca, but did not find there the skiff Veloz nor the fishing-vessel Ellen Rizpah, which, as the storm had increased, and in order that both vessels might escape a common danger, had taken refuge in another anchoring-ground near by, which was more safe, called Caballones, where they remained together two or three days. There the Marinero went to meet them, and did in fact meet them, and her commander, after examining the papers and the hold of the Ellen Rizpah in the most courteous manner, and with the consent of the master of this vessel, allowed her to continue her voyage, not without said master appearing to admit by his affable demonstrations that the master of the Veloz had rendered him a service by accompanying his vessel to a safe anchoring-ground during such a severe storm in seas which to him and to the crew of the Ellen Rizpah were unknown, and sown with rocks, where the anchoring-grounds are very scarce and of little depth, and to take, one needs much precaution and the directions of a pilot, the only method of passing the breakers which there is at the reef of stone that surrounds the key of Twelve Leagues.
In the neighborhood of that key there was also found, seven days afterward, on the 22d of May, by the same skiff Veloz, the vessel, also an American and a whaler, which proved to be the Rising Sun, seen on the coast, with two canoes in the water, and at less than half a mile from them. Said canoes were requested to display their flag, which they did not do. Then, according to maritime usage, a cannon-shot without ball was fired, but they also disregarded this intimation, whereupon it was necessary to fire at them another with ball, although high up, and only by way of caution. At this new intimation one of the canoes hoisted the American flag, and the other proceeded toward the Rising Sun. The weather was rough, for which reason the canoe that was stopped was advised of the danger which they and the other two vessels at those keys were running, and the pilot in the canoe that was stopped was invited to pass on board the Veloz in order that together they might seek a safe refuge. To it said vessels proceeded, when the gunboat Yumuri arrived. She examined the fishing-vessel Rising Sun, and finding her papers regular, and that in fact she had on board several casks filled with whales’ blubber, she allowed her to continue her fishing, but warned her master not to approach the keys, as it was a dangerous place and caused shipwrecks.
This is the history of the occurrences in relation to the two vessels as it has reached the knowledge of the undersigned. From this it results that, if on account of the two vessels being found in places frequented by the small vessels that are engaged in carrying contraband of war on the coast of the island of Cuba, one at anchor in a Spanish anchoring-ground, and the other within the maritime jurisdiction of Spain, they appeared suspicious to the master of the Veloz, and that, although detained, the Ellen Rizpah was accompanied by that skiff to a safer anchoring-ground, and the Rising Sun was removed from the danger she ran at the [Page 528] keys daring the storm, and that as soon as they were found by the gunboats Marinero and Yumuri, their commanders, who are officers of the navy, and as such are versed in international law, hastened to comply with the requirements of this law by letting the Ellen Rizpah and the Rising Sun continue their voyage or fishing, and thus repairing any error that through a misunderstanding or an excess of zeal might have been committed by the master of the Veloz, who, as has been said, is only a subaltern auxiliary of the Spanish war navy, without any other rank than that of a patron práctico, equivalent to that of a cockswain in the Navy of the United States, the responsibility of his voluntary acts, even admitting that they were erroneous, and that the error has been well proven, could not in justice extend to the Spanish war navy, nor to the authorities of Cuba, nor to the Government of Spain, whose friendly sentiments toward the United States and whose respect for the flag of the Union need not be enhanced by the undersigned.
In proof of the spontaneity and sincerity of those sentiments, the undersigned takes pleasure in stating to the honorable Acting Secretary of State that as soon as the government of His Catholic Majesty had by telegraph information of the affair of the Rising Sun, although the circumstances of this occurrence were yet less known than those of that relating to the Ellen Rizpah, it hastened to order, also by telegraph, the governor-general of the island of Cuba to again urge on the general commander of the station the strict fulfillment of the treaty of 1795; that said governor-general issued the proper orders to this effect, under date of the 19th of July last; and that the aforesaid government of His Catholic Majesty directs me to give to that of the United States the assurance that hereafter will be strictly observed, even by the smallest auxiliary vessels of the war navy of the station of Cuba, toward the suspicious vessels that may be found along its coast and within Spanish maritime jurisdiction, when those vessels prove to be American, what is stipulated in the last part of article 18 of the treaty of 1795, as it has always been its intention and wish that it should be observed.
The undersigned trusts that, in this anticipation of explanations that have not been asked, and of acts that have not been demanded, the Government of the United States will see not only an evidence of the fidelity with which the government of His Catholic Majesty intends to fulfill the treaties with this country, but a new proof of the desire which animates it to maintain and draw closer the friendly relations which join them to each other; and he avails himself of this opportunity to reiterate to the Hon. F. W. Seward the assurances of his most distinguished consideration.