No. 359.
Mr. Frelinghuysen to Mr. Reed.
Washington, April 30, 1884.
Sir: The recent departure of one Carlos Aguero with a few adherents from Key West in a small schooner for Cuba has attracted considerable attention, and coupled with the reports of the secret organization of other similar expeditions, has been given an importance greater probably than it alone merits. For your information and for such use as occasion may hereafter demand, I communicate to you herewith the facts in the matter.
Aguero being in Key West, a demand for his extradition under the treaty was made by Spain. He was arrested in January last, pursuant to the extradition statute of the United States, and taken before a commissioner, who, finding the proofs insufficient, discharged him from custody.
In a note to this Department of the 17th ultimo Mr. Valera, the Spanish minister here, referred to conspiracies of Cuban refugees in this country against the Government of Spain, and stated that some of them professed a purpose of carrying their hostile designs into effect by means of dynamite. Mr. Valera further stated as a proof of public sentiment at Key West that upon the occasion of Aguero’s discharge from custody there, the collector of customs and others gave public utterance to their exultation, and the minister expressed a hope that through the means at the disposal of the Attorney-General a remedy would be applied for this condition of affairs. You will notice that no charge against specific individuals was made other than the statement as to the collector’s utterances, I, however, communicated the substance of Mr. Valera’s suggestion to the Attorney-General, in order that the officers of the Department of Justice might be upon the alert.
Under date of the 27th March, Señor Valera informed the Department that Spanish newspapers in this country were threatening, and that he had received private information that Carlos Aguero was organizing, a hostile expedition at Key West against Cuba, for the prevention of which he asked that all means at the hands of the Executive might be employed.
Upon the receipt of this note, I immediately communicated with the Secretary of the Treasury, the Secretary of the Navy, and the Attorney-General, stating that Carlos Aguero, a fugitive whose extradition was recently requested and not granted, was reported by the Spanish minister as organizing and equipping at Key West a hostile expedition against Cuba with over 100 men in his party, fully armed, and provided with bombs and other destructive explosives; that such an expedition falls clearly under the provisions of the neutrality laws, exposes its authors to criminal prosecutions, and that it is incumbent upon this country to investigate the report, and, if verified, to use all available means to prevent the unlawful act. I therefore requested the Attorney-General to give by telegraph such orders as might be necessary for the guidance of his officers in the case, and suggested to the Secretary of the treasury that, as the Treasury officials at Key West had been indicated as sympathizing with Aguero, it might be necessary to conduct the investigation through other agents.
Both the Secretary of the Treasury and the Attorney-General immediately [Page 494] sent telegraphic instructions to the officers at Key West to prevent the departure of the expedition; revenue cutters were dispatched there, and orders given by the Secretary of the Navy to the officers of the United States steamship Vandalia, then in that port, to aid in the protection of the neutrality of the United States.
Notwithstanding these exertions, Aguero escaped in the night of the 1st ultimo in a small schooner with some adherents. There is, however, no confirmation of the report that they were armed with bombs or had with them means of offensive warfare other than their personal equipment.
The United States steamship Swatara having arrived at Key West, orders were immediately sent that the Swatara and the Vandalia should proceed toward Cuban waters in order to intercept the expedition, if possible, and they were aided in the neighborhood of our coast by revenue cutters. The expedition, however, succeeded, I am informed, in effecting a landing upon the coast of the island. The schooner which conveyed them returned to Key West, and judicial proceedings were immediately commenced against it and the crew.
Upon the 5th instant, the Attorney-General ordered one of the most active and efficient assistant attorneys in his Department to go at once to Key West, giving him full authority in writing to do all that could be done to enforce the neutrality laws, to prevent any violation of them, and to arrest and break up any such combinations as are supposed to exist for the purpose of invading the island of Cuba in vessels armed and equipped in Florida.
Mr. Blair, the assistant attorney, immediately started for Key West, and has been energetically engaged in the duty assigned him. Besides his authority from the Department of Justice, he took a letter from the Secretary of the Treasury giving him authority in connection with the customs authorities and the revenue cutters.
On account of the distrust in the collector of customs, a special agent of the Treasury Department was also sent to Key West, and is now there, and the President has removed the collector of customs at that point.
In a note to the Department of the 10th instant, Señor Valera represented that he had received trustworthy information that the excitement at Key West against the Spanish consul was such that his life was in danger, and the minister requested that all available means might be employed to insure the personal safety of that officer.
This information was immediately conveyed to the Attorney-General, with the suggestion that instructions be telegraphed to the agent of the Department of Justice at Key West to at once adopt, after consultation with the other Federal authorities, whatever measures might seem expedient for the personal safety of the Spanish consul and the protection of the consulate from violence, informing him also that Mr. Valera’s statement had been communicated to the Secretary of War and the Secretary of the Navy, so that the aid of forces in barracks at Key West, or on board of any naval vessel there, might be availed of should such an extreme step seem to be necessary.
To the Secretary of the Navy I suggested that the commanding officer of any vessel visiting Key West should be properly instructed, so that if mob violence be apprehended the Spanish consul might be protected or afforded a secure resting place on board, and a letter upon the same subject was addressed to the Secretary of War.
Upon April 10, the date of Mr. Valera’s note, the United States district attorney in Key West telegraphed to the Attorney-General that the Spanish consul had received on the night of the 9th, from the Captain-General [Page 495] of Cuba, a dispatch stating that one Anrelio Mayol had left Havana on the steamer Hutchinson, alleging that “he goes to kill the Spanish consul.” The district attorney added that he had procured warrants for the arrest of Mayol, and the sheriff, with the assistance of the revenue cutter, had arrested him on the arrival of the steamer; that the district attorney had appeared for the consul before the justice of the peace, and Mayol had been bound over to keep the peace for one month to await further evidence. As the United States vessel Tennessee, flag-ship of the North Atlantic squadron, was then present at Key West, it was deemed unnecessary to invoke military aid, especially as the military barracks there are not now occupied, and it would have been necessary to send troops from another post. The Secretary of War was so informed.
Under date of the 12th instant, the Attorney-General transmitted to me a copy of a telegram from Mr. Blair, the assistant attorney deputed to aid in enforcing the neutrality laws, reporting his arrival at Key West, and the Attorney-General added that he would immediately telegraph him to see to the protection of the Spanish consular representative, and that Mr. Blair had instructions of the most peremptory character to do all in his power to maintain the neutrality of this country and to repress any attempt to violate the law by persons who project or contemplate armed expeditions against the island of Cuba.
Under the same date he communicated another telegram from Mr. Blair, stating that Mayol had been arrested on arrival, was under bonds to keep the peace, was carefully watched, and that Admiral Cooper, in command of the North Atlantic fleet, had taken every precaution to protect the Spanish consul.
In the mean time the Department, on the 11th instant, had informed Mr. Valera that an arrangement had been made by which the special agent of the Department of Justice at Key West might, in case of need, command the aid of any Federal force which might be at that place both in enforcing the laws and in protecting the Spanish consulate. For this action Mr. Valera returned his thanks in a note of the 14th April.
Upon the 15th instant I informed Mr. Valera, referring to his note of the 10th, of the action in the matter of Mayol.
Under date of the 14th instant Mr. Valera represented that he had information that a hostile armament against Cuba was preparing at New Orleans. * * *
The action heretofore set forth of this Government, in sending a special agent of the Department of Justice and one from the Treasury Department to Key West, the active movements of the national vessels, and the course of the President in removing the present collector of customs at that port, sufficiently show that this Government effectively carries out its desire to protect its shores from violation of international obligations and neutrality laws, and to prevent its territory from being made the base of hostilities against a friendly government.
Upon the receipt of Mr. Valera’s note in relation to the rumored contemplated expedition from New Orleans I immediately communicated with my colleagues, who have taken appropriate steps similar to those taken at Key West, but I am informed by the Attorney-General that no one in New Orleans knows of any expedition. The officers of the Government, however, are upon the watch, and will use every exertion to prevent any expedition leaving our shores, should one be contemplated.
I am, &c.,