No. 177.

Mr. Bayard to Mr. Becerra.

Sir: I have the honor to inclose herewith for your information a copy of a communication of the present date from the Attorney-General, in which he inclosed a copy of a letter of the 10th instant from Mr. Root, [Page 233] the United States district attorney at New York, a copy of which is also inclosed, respecting the detention at that port of the steamship Albano for the purpose of further examination under section 5290 of the Revised Statutes.

The Albano being a vessel of a regular line from New York, the detention for the purposes mentioned will be brief. You are, therefore, requested to furnish this Department, at the earliest possible moment, with such further and more particular information as you may be able to give in relation to the violation of the neutrality act by the steamship in question.

Inclosed herewith you will also find a copy of the section 5290 of the Revised Statutes under which the present detention for examination is justified.

Accept, &c.,

T. F. BAYARD.
[Inclosure.]

Mr. Garland to Mr. Bayard.

Sir: I have the honor to send you, for your information, a copy of a letter of the 10th instant from United States Attorney Root, New York, in relation to the steamer Albano, which cleared that morning for a port in the United States of Colombia, having arms upon her manifest. I respectfully call your attention to the request of the attorney that he may receive, at the earliest possible moment, such further and more particular information as the minister of the United States of Colombia maybe able to give, and shall be pleased to receive such information as the Department of State may be able to furnish, that I may transmit it promptly to the attorney.

Very respectfully,

A. H. GARLAND,
Attorney-General.
[Inclosure 1 in inclosure.]

Mr. Root to Mr. Garland.

[Office of the United States attorney for the southern district of New York.]

Sir: I have to-day received from you a telegram, as follows:

Washington, D. C., March 10, 1885.

Elihu Root,
United States Attorney, New York, N. Y.:

“Minister of United States of Colombia at this capital states that parties are engaged in purchase of arms to carry on war against his Government. Steamer leaves your port to-morrow or next day. You are directed to immediately adopt stringent measures to prevent any departure of warlike elements intended to assist expeditions against Colombia.

“A. H. GARLAND,
Attorney-General.

I immediately sent to the collector of this port a letter, a copy of which I inclose. I have received no reply from the collector. I have also caused Special Agent Fox of the Treasury Department, who is attached to this office, to make special inquiry upon the subject. He informs me that the steamship Albano was cleared this morning for a port in the United States of Colombia having arms upon her manifest. He requested that the clearance be stopped and the vessel not allowed to leave until further examination. The collector informed him that he would comply with the request and report the facts to me. I beg that I may receive at the earliest possible moment such [Page 234] further and more particular information as the minister of the United States of Colombia may be able to give. Of course, the mere fact that a steamer cleared for a port in the United States of Colombia having arms among her cargo is no ground for interference. It is highly improbable that the vessel in question, whether it be the Albano or any other steamer, will correspond with the description of section 5290. The Albano I understand to be a vessel of a regular line. The detention for the purpose of examination justified by section 5290 will accordingly be brief.

In order to take any further steps to prevent the arms from going forth, I must have some facts which will establish a violation of some provisions of the neutrality act. The case of the steamship Florida, decided by Judge Blatchford in the district court in this district in 1871, and reported in the 4th of Benedict District Court Reports, 452, illustrates the difficulty of establishing violations of law of this description.

Very respectfully,

ELIHU ROOT,
United States Attorney.
[Inclosure 2 in inclosure.]

Mr. Root to Mr. Robertson.

[Office of the United States attorney for the southern district of New York.]

Sir: I have this day received from the Attorney-General a telegram as follows:

Washington, D. C., March 10, 1885.

Elihu Root, United States Attorney, New York, N. Y.:

“Minister of United States of Colombia at this capital states that parties are engaged in purchase of arms to carry on war against his Government. Steamer leaves your port to-morrow or next day. You are directed to immediately adopt stringent measures to prevent any departure of warlike elements intended to assist expeditions against Colombia.

“A. H. GARLAND,
ttorney-General.

I have to request that you will forthwith enforce the provisions of section 5290, United States Revised Statutes, against any steamer which is about to leave this port having on board arms, as indicated by the telegram of the Attorney-General, and coming within the provisions of that section, and that you will cause careful examination to be made of such steamers as may possibly be indicated by the information contained in the Attorney-General’s telegram, and inform me as early as possible of any facts showing a violation or intended violation of section 5283 United States Revised Statutes, against the fitting out or arming of vessels to cruise or permit hostilities against foreign states, or of section 5286 United States Revised Statutes, against beginning, setting on foot, providing or preparing means for any military expedition or enterprise against a foreign state.

Very respectfully,

ELIHU ROOT,
United States Attorney.