No. 307.
Mr. Mantilla to Mr. Evarts.
Newport, September 6, 1877. (Received September 10.)
Sir: I beg you will excuse me if I intrude upon your valuable time in order to say something regarding the American whaling-vessel Edward Lee, of Newburyport, whose master, Mr. Atkins, has written to his mother that about the middle of March he was fired upon with shell, grapeshot, and canister by a vessel, apparently Spanish, near the [Page 530] southern coast of Cuba, from which war-vessel he escaped by fast sailing. His letter, as I understand, has been transmitted to the State Department.
When I first read this report in the newspapers I telegraphed, in order to prevent any misunderstanding, to the governor-general of Cuba, requesting him to ascertain what truth there may be in the narrative of the incident referred to by Captain Atkins. The governor-general has answered me by cable that, after making diligent inquiry, the conclusion was reached that no American ship was fired upon at or near the coast of Cuba by any war-vessel of Spain.
You are well aware, sir, of one of the old rules of international law, to the effect that, in case a vessel hailed by a man-of-war—whether it be on the high seas in time of war, or within the maritime jurisdiction of any power in time of peace—refuse to show her flag after being required to do so, the war-vessel, having sent a blank shot by way of caution, and after that failing to produce the required answer, may proceed to fire upon such vessel with ball, and employ other force against her, provided the limits of necessity be not exceeded; and only in case there be some excess committed at this poiut has the injured party any right to claim damages.
It appears, even from the narrative of the master of the Edward Lee, published in the newspapers, that the latter fled without showing her flag, refusing to stop upon demand of the alleged Spanish war-vessel, which is said to have fired upon her. If such a war-vessel did fire, it was very improbable that her first shot was other than a blank one, although, even if the fact were established that the Edward Lee was fired upon by a war-ship of Spain—of which at present there is no evidence—yet it would be necessary to inquire whether the former refused to show the American flag, and whether she was fired upon in the manner stated by her captain, or with ball only.
In order to still further ascertain what foundation there might be for the above-mentioned report, I have requested the governor-general of Cuba that he open another investigation, keeping in mind that the master of the Edward Lee had said that the alleged incident occurred in the middle of March, and lately my government authorized me to give assurances to the Government of the United States to the effect that it will make a thorough inquiry into the above-mentioned incident; and if it had taken place it will further inquire whether any violation of international law was committed.
As the alleged occurrence of the Edward Lee is said to be two months anterior to that of the Ellen Rizpah and the Rising Sun, it should, in case such violation of international law be shown, receive the same mutual friendly consideration as the question of the two last-named vessels.
Your obedient servant,