No. 685.
Mr. Bayard to Mr.
Baker.
Department
of State,
Washington, March 24,
1885.
No. 51.]
Sir: I transmit herewith a copy of a dispatch dated
the 4th instant (No. 197) from Mr. Winfield S. Bird, United States consul at
La Guayra, detailing the circumstances under which the American schooner
Lanie Cobb, of Bangor, Me., sustained damages while in the port of La
Guayra, and the conduct of the Venezuelan authorities in reference
thereto.
The facts in the case appear to be briefly as follows: On the 21st of
February last the Lanie Cobb, while lying at anchor in the port of La
Guayra, was run upon, as it is alleged the evidence fully shows, with great
carelessness by the Venezuelan schooner Ana Eulogia, owned by the President
of Venezuela, and in the service of the Venezuelan Government. Application
was promptly made by the master of the Lanie Cobb and the consul to the
customs authorities for the usual survey upon the schooner, in accordance
with law. Permission, however, to goon board for the purpose in question was
only obtained after considerable delay, but the report of the surveyors was
at last obtained and filed, with an estimate of the damages, in the
consulate.
It is stated that owing to the peculiar circumstances of ownership and
service of the Venezuelan schooner, an effort was made to effect a private
adjustment of the matter, but that it was attended with no success.
Application was next made in due form of law to the judge of hacienda at La
Guayra for investigation and redress, but the court denied its jurisdiction,
and referred the master to the collector of customs, who is, ex officio, captain of the port. The latter officer
stated that relief could only be obtained before the aforesaid judge, but it
was again insisted at the court that the case could not be considered there.
Finally the master appeared once more before the captain of the port, and
asked that proceedings for his relief be instituted, but was told “to go out
of court.” It would seerp, therefore, that every available means to obtain a
hearing in this case before the Venezuelan authorities has been exhausted,
and that a denial of justice must follow, unless the matter can be adjusted
through diplomatic channels.
You are instructed to investigate the case, and to report whether in your
opinion the facts are such as to warrant a demand by this Government on that
of Venezeuela for damages in favor of the master of the Lanie Cobb.
I am, &c.,
[Page 904]
[Inclosure in No. 51.]
Mr. Bird to Mr.
Hunter.
United
States Consulate,
La
Guayra, March 4,
1885.
No. 197.]
Sir: I have the honor to invite your attention
to the following statement:
On the 21st day of February ultimo the American schooner Lanie Cobb, C.
H. Cobb, master, of Bangor, Me., while lying quietly at anchor in this
roadstead, was run upon in the most careless manner, as all the evidence
fully shows, by the Venezuelan schooner Ana Eulogia, and her bowsprit,
cut-water, and all head-gear broken or carried away. Said Venezuelan
schooner belongs to General Crespo, President of Venezuela, and was and
is in the service of the Venezuelan Government.
On the 24th February ultimo Captain Cobb came ashore to this consulate
and asked for a survey upon his vessel, in accordance with law, and the
preliminaries having been arranged we repaired to the custom-house to obtain permission to go on hoard of said ship for
that purpose. After an interview of about two hours, permission
was reluctantly granted to the United States consul alone to go on board. The necessity of taking on board the
surveyors also having been at last demonstrated to the collector in the
most respectful and persuasive terms, his more
reluctant consent was finally obtained. The surveyors repaired on board,
held the survey, estimated the damages, and duly filed their report in
this consulate.
The peculiar circumstances of ownership and service of the Venezuelan
schooner having been duly considered, it was deemed most proper to
endeavor to effect a private, adjustment of the matter; and to that end
the writer, the United States consul at La Guayra, acting simply as the
agent of the master, duly instructed and authorized, went to Caracas. It
will, doubtless, suffice to say that no offers of adjustment were made
to him, and all proposals of compromise on his part, expressed in the
most equitable terms, were curtly rejected.
As a last resort the master aforesaid, after much loss and delay, applied
in due form of law to the judge of hacienda, in La Guayra, for
investigation and legal redress. He was informed that his court had had
no jurisdiction, and that he must apply to the collector customs, who is
ex officio captain of the port. Upon
application in proper form to this latter officer he was there told that
relief could only be had before the aforesaid judge, to whom he again
repaired. Again the said judge insisted that the cause could not be
considered there, and instructed him to go back to the said captain of
the port. Finally the said master appeared before the said captain of
the port, and, in respectful and due form, asked that legal proceedings
for his relief should be instituted. In legal parlance he was then told
to go out of court.
Having conducted this whole cause, either officially or as the agent of
the master, I beg to assure the Department of State that the foregoing
is an accurate, though very temperate, statement of the circumstances
connected therewith.
Too much cannot be said in commendation of the prompt and intelligent
manner in which Charles R. Rohl, esq., United States consular agent at
Caracas, lent his services toward the settlement of this most
disagreeable affair.
If deemed necessary, copies of survey, estimate of damages, protests, and
declarations in this cause will be promptly transmitted.
I am, &c.,
