Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 8, 1885
Mr. Bayard to Mr. Baker.
Washington, April 9, 1885.
Sir: With reference to my instruction to you, No. 51, of the 24th ultimo, relative to the injury to the American schooner Lanie Cobb, I have now to transmit for your information a copy of dispatch No. 201, March 14 ultimo, from the consul at La Guayra, containing a statement in detail of the facts attending the damages sustained by the aforesaid schooner.
I am, &c.,
Mr. Bird to Mr. Hunter.
La Guayra, March 14, 1885.
Sir: Referring to dispatch No. 197 of date March 4 instant, upon the subject of damages sustained by the American vessel Lanie Cobb while in this port, I have the honor to submit the following additional and more explicit details:
As has been stated, the master of said vessel made application to this consulate on February 24 ultimo, for a survey. The preliminaries were arranged, and Benjamin F. Cushman, master of the schooner Addie M. Bird, of Rockland, Me., Evan Jones, master of the brig Fleetwing, of Cardiff, Wales; and Charles G. Jackson, an English ship-carpenter, long resident at this port, were selected to hold said survey. Thereupon they repaired to the custom-house with a dispatch, as follows:
United
States Consulate,
La Guayra,
February 24, 1885.
Señor: The American schooner Lanie Cobb, having suffered serious damages and injuries from being run into by the Venezuelan schooner Ana Eulogia, I have the honor [Page 906] to request that three surveyors may he permitted to go on board of said vessel to ascertain her present state and condition and what had best be done for the interest of the parties concerned.
I am, &c.,
WINFIELD S. BIRD.
Señor Marceliano Martin,
Collector of Customs at La
Guayra.
The above is substantially, if not literally, an exact copy of said dispatch.
These surveyors returned to this consulate shortly afterward, and reported that the said collector had refused to grant them the permit thus requested.
At 3 o’clock, p.m., of the same day, in company with said surveyors I went personally to see the said collector. He informed me that my dispatch to him was written in English, a language not understood by him, and that until the return of the official interpreter from Caracas, about which he could give me no intelligence, he would decline to proceed in the matter. I asked permission to explain, in his language, what I desired; but, in polite terms, he refused. I urged upon him the necessity of holding the survey without further delay, in order that the master might assume the responsibility to move the vessel from her position in dangerous proximity to the rocky beach. He voluntered to render us all necessary assistance, but, with due thanks, he was reminded that until a lawful survey had been held we could not take the risk to move her. He then insisted that he had the right to nominate one surveyor, the master of the Venezuelan should name another, and the American master should appoint a third, to hold said survey.
Against such a demand I respectfully and firmly protested, and assured him that I proposed to hold this survey merely in compliance with my official duty, and that such survey had no reference to proceedings in the Venezuelan courts but was to be instituted in pursuance of the laws of the United States. He declined to allow the American consul even to go on board of said vessel, but, on referring to the law, concluded that he might be permitted to go unofficially. He finally consented, after much persuasion, to allow the surveyors also, as private individuals, to go on board. A permit for the consul and the surveyors, in writing and in such terms, was then conceded. The consul declining to proceed on board under such conditions, but without intimating, in any manner, his refusal or dissatisfaction, then requested the said surveyors to repair on board of said vessel. Owing to the lateness of the hour, they suspended action until the following morning, when they went on board, held the survey, and made their report on oath and in due form of law. It should be remarked that, before proceeding on board, these surveyors were informed by the consul that the Venezuelan vessel belonged to the President of Venezuela, and that they should be very careful to make an accurate survey and to render a just and reasonable estimate.
On the following day, at the solicitation of the American master, the consul, in a purely private capacity and acting as the agent of said master, thereto duly authorized and instructed, repaired to Caracas to see General Crespo, and, out of respect to him, to endeavor to effect an amicable and private adjustment of the affair. In company with Charles R. Rohl, esq., United States consular agent at Caracas, he called three times, when, a last, an interview was accorded, in which General Crespo remarked that, although the Venezuelan vessel belonged to him yet she was in the service of the Venezuelan Government, and that therefore we should call to see the minister of war in reference to it. During the interview Mr. J. E. Linares, a confidential friend and reputed business agent of General Crespo, was also at the house though not present. At 3 o’clock, p.m., of the same day we called to see the minister of war, and were informed by a sentry at the door that he had gone to the country, and that it was impossible to say when he would return. I then went to the legation of the United States and requested Mr. Baker, the minister, to address a note to the said minister of war, hoping by this proceeding to reach his ear. He advised me to follow up my action and to appeal to him later on, when, in his judgment, his intervention would be more effective. Having to dispatch a vessel from La Guayra I then returned there by the first train, leaving the matter in the hands of Mr. Rohl, the aforesaid United States consular agent, from whom, on Saturday evening, February 28, ultimo, I receive the following dispatch:
United States Consular
Agency,
Caracas, February 27, 1885.
Sir: As you had to leave yesterday without being able to settle the affair of the Lanie Cobb, and requested me to do all I could during your absence, I went to see Mr. J. E. Linares, who is, as it seems, an intimate friend of General Crespo. I told Mr. Linares I had nothing to do officially in this business, but I would be glad if a settlement could be arrived at, and that I acted as a friend to the master.
[Page 907]Mr. Linares was at first entirely indisposed to make any advances looking to an amicable and equitable adjustment of the difficulty, alleging that the Venezuelan master was not to blame for the accident; but after an extended conversation, during which I assured him that the American master was disposed to entertain a fair and reasonable proposition, and that such matters were usually arranged between the parties without resort to legal process, I prevailed upon him to write to Mr. W. Carias Perez, his agent in La Guayra, and consignee of the Venezuelan schooner Ana Eulogia, to ascertain the damage and try to come to an agreement with the master of the Lanie Cobb.
I beg to felicitate you over the now favorable aspect of this most disagreeable affair.
I am, &c.,
CHARLES R. ROHL.
Winfield S. Bird, Esq.,
United States Consul at La
Guayra.
On receipt of the foregoing dispatch, I promptly repaired to the office of Mr. W. Carias Perez, the agent of Mr. Linares, and represented to him that we had been informed that Mr. Linares had instructed him to confer with us. He replied that he had been thus instructed, and asked for a statement of our demands. I assured him that we did not come to him in that spirit, but that we only asked for a fair and equitable settlement. We requested him to make to us some proposition to that end, but he declined. We then proposed that he should select one surveyor, we would name another, and those surveyors should call a third, neither of whom should be a Venezuelan or American, who should proceed to arbitrate and settle the question, and that we would be bound by their decision. He said that the proposition was satisfactory, but that he must consult with Mr. Linares by telephone before he could accept it, and that on the following morning at 9 o’clock he would give me a definite reply. On passing along the street the same evening at 9 o’clock, however, I met with him, when, calling me to the light, he drew from his pocket a memorandum, as he stated, of his telephonic conversation with Mr. Linares, wherein he was instructed to make no compromise, but to advise us that the courts were open to us.
Thus thwarted, delayed, and finally repulsed in our earnest endeavors to arrive at a prompt and mutually satisfactory arrangement of the cause, we were at last driven to resort to legal redress in the Venezuelan courts. Accordingly on Monday morning, March 2 instant, a note was addressed and delivered to the judge of hacienda in La Guayra as follows:
[Translation.]
La Guayra, March 2, 1885.
Sir: The American schooner Lanie Cobb, under my command, having suffered material damages by a collision from the Venezuelan schooner Ana Eulogia, I have to beg that you will please name experts to estimate the damages and to accord me justice.
Your obedient servant,
C. H. COBB, Master.
Mr. Nicholas Bello y Bello,
Judge of Hacienda.
After perusing the foregoing note, said judge politely informed us that the cause was not within his jurisdiction, and referred us to the law, as follows: Article VI, Attribution VI, Chapter II, Law V of the Custom-House Regulations; also articles 118, 119, and 120, Title VII of the Marine Register. He then directed us to carry our complaint to the collector of customs, who is ex officio the captain of the port, and before whom all proceedings in such cases must he primarily instituted. After addressing a note to that officer, in terms exactly similar to those of the foregoing note addressed to the judge of hacienda, we went to the custom-house and delivered the same in person. On reading it he remarked that the matter was not within the scope of his duty. Even after he was cited to the law, as above referred to, and after examing it, he insisted that we should go back to the court of justice from whence we came. On returning to said court the judge, in courteous and convincing terms, ordered us back to the said collector of customs. On a final presentation of the matter to the attention of said collector, after informing us that the other vessel had left the port, which had been effected with his permission and under cover of night, he put a period to our oscillatory peregrinations and solaced our suspense by stating that he would not further consider the case.
From various unofficial sources the information comes that the authorities here claim that the Venezuelan was crossing the bows of the American, and to avoid the collision called to the latter to pay out her chain, which she neglected or refused to do, and that therefore the Venezuelan is not responsible for the casualty. In the light of all the evidence this assertion is a mere afterthought and subterfuge, since it is distinctly proven that the Venezuelan was some distance to windward, and, attempting to tack ship, failed in the effort and drifted helplessly down npon the American without dropping her anchor or hauling in any sail.
[Page 908]Such are the facts and circumstances surrounding this affair from inception to conclusion.* * * For the wrongs and injuries offered to the American master no words will suffice to express the sincere contempt and the profound detestation of every generous nature.
Herewith are submitted copies of all of the official papers in this cause.
I am, &c.,
Winfield S. Bird,
Esq.,
United States Consul at La
Guayra:
Sir: The schooner Lanie Cobb, under my command, arrived at this port on the 15th instant from Savannah, Ga., laden with lumber, and in consequence of damages sustained by being run into on the 21st instant by the Venezuelan schooner Ana Eulogia, I have to request that you will please call a survey upon the said schooner to ascertain her present state and condition, and what had best be done for the interest of the parties concerned.
La Guayra, February 23, 1885.
Evan Jones,
Master of the brig Fleetwing, of Cardiff,
Wales;
Benjamin F.
Cushman,
Master of schooner Addie M.
Bird, of BocJcland, Me.;
Charles G.
Jackson,
Master
Ship-Carpenter:
Gentlemen: Application having been made to this consulate by C. H. Cobb, master of the schooner Lanie Cobb, of Bangor, Me., of the burden of 230.85 tons, or thereabouts, for survey upon said schooner in consequence of having sustained damages and injuries on the 21st instant by being run into by the Venezuelan schooner Ana Eulogia, whereby she is rendered unseaworthy, you are hereby respectfully requested to repair alongside and on board of said schooner, and after a careful and minute examination and survey of every visible part of her hull, spars, sails, and rigging, report to this consulate under your own hands in writing her present state and condition, and what in your opinion had best be done for the interest of the parties concerned.
Given under my hand and the seal of this consulate the day and year above written.
| [seal.] | WINFIELD S. BIRD, United States Consul. |
Winfield S. Bird,
Esq.,
United States Consul at La
Guayra:
Sir: Pursuant to the accompanying warrant of survey to us directed, we, the undersigned, repaired on board of the American schooner Lanie Cobb, of Bangor, Me., of the burden of 230.85 tons, or thereabouts, and after a careful and minute examination and survey of every visible part of her hull, spars, sails, and rigging, do report as follows:
We find the patent of windlass gone, the bowsprit broken, the cut-water gone, the bobstay bolts dragged out of the stem, the martingale and jumper-stays gone, the bee on starboard side of bowsprit gone and plate on bowsprit bent, the stays chafed, the head-rails on both sides gone, the jib-boom guy on starboard side gone, the flying-jib halyard parted, the anchor with sixty fathoms of new 11/16 inch chain lost, thirty fathoms of new 3-inch line lost, one hawser parted, the forecastle head started, and the flying-jib damaged.
And we recommend that the master make such temporary repairs as are necessary, and proceed with dispatch to Curaçao or some other contiguous and safe port in order to make permanent repairs. In confirmation of which we are willing, if required, to attest. Given under our hands at La Guayra this the 24th day of February, A. D. 1885.
- EVAN JONES,
Master of the brig Fleetwing, of Cardiff, Wales. - BENJAMIN F. CUSHMAN,
Master of the schooner Addie M. Bird, of Rockland, Me. - CHARLES G. JACKSON,
Master Ship-Carpenter of Maiquetia, Venezuela.
Estimate of repairs.
No. 3½.]
Estimate of the probable cost of repairing the schooner Lanie Cobb, of Bangor, Me., agreeably to the report of the survey of the 24th February instant, and in accordance with the cost of labor and material at the port of La Guayra, as follows, viz:
| For repair of windlass | $25 00 |
| For new bowsprit | 300 00 |
| For a cut-water | 350 00 |
| For repairing bobstays | 10 00 |
| For new martingale and jumper-stays | 25 00 |
| For new bees and plate on bowsprit | 50 00 |
| For repairing stays | 15 00 |
| For new head-rails | 20 00 |
| For new jib-booni guy | 20 00 |
| For new flying-jib halyard | 12 00 |
| For new anchor, 1,600 pounds, at 8 cents | 128 00 |
| For 60 fathoms new 11/16-inch chain, 7,500 pounds, at 10 cents | 750 00 |
| For 30 fathoms new 3-inch line | 6 00 |
| For repairing hawser | 5 00 |
| For repairing forecastle head | 15 00 |
| For repairing flying-jib | 5 00 |
| Total repairs | 1,736 00 |
| For two weeks’ delay | 250 00 |
| Total in United States gold | 1,986 00 |
We, the undersigned, surveyors of the schooner Lanie Cobb, of Bangor, Me., aver on oath that the above and foregoing estimate of repairs is accurate and just, to the best of our knowledge and belief.
- EVAN JONES,
Master of brig Fleetwing, of Cardiff, Wales. - BENJAMIN F. CUSHMAN,
Master of schooner Addie M. Bird, of Rockland, Me. - CHARLES G. JACKSON,
Master Ship-Carpenter, of Maiquetia, Venezuela.
| [seal.] | WINFIELD S. BIRD, United States Consul. |
Received, La Guayra, February 24, 1885, of Winfield S. Bird, United States consul, the sum of $5 each, for holding the foregoing survey and making estimate of repairs.
- EVAN JONES.
- BENJAMIN F. CUSHMAN.
- CHARLES G. JACKSON.
La Guayra, February 24, 1885.
I, the undersigned, consul of the United States at the port of La Guayra, do hereby certify that the foregoing are the true and genuine signatures of Evan Jones, Benjamin F. Cushman, and Charles G. Jackson, surveyors, appointed by me, of the American schooner Lanie Cobb, of Bangor, Me., and as such are entitled to full faith and credit.
Given under my hand and the seal of this consulate this the day and year above written.
United States Consul.
La Guayra, February 28, 1885.
By this public instrument of declaration and protest be it known and made manifest unto all to whom these presents shall come or may concern, that on this the 28th day of February, A. D. 1885, before me, Winfield S. Bird, consul of the United States at the port of La Guayra, personally comes C. H. Cobb, master of the American schooner Lanie Cobb, of Bangor, Me., U. S. A., of the burden of 230.85 tons or, thereabouts, recently arrived [Page 910] at the port of La Guayra from Savannah, Ga., U. S. A., laden with lumber, and requires me to note his protest: and together with the said C. H. Cobb, master, also came W. M. Wentworth, mate, and H. P. Baker, seaman, of and belonging to the crew of said schooner Lanie Cobb, all of whom being by me duly sworn on the Holy Evangelists of Almighty God, did severally, voluntarily, freely, and solemnly declare, depose, and state as follows, that is to say:
That these appearers, in their capacities aforesaid, arrived in and with the said schooner at La Guayra, Venezuela, without accident or causalty on the 15th day of February, A. D. 1885, at 3 o’clock p.m., and took good and safe anchorage in said port of La Guayra; that on Saturday, the 21st day of February instant, at 4 o’clock in the evening, the Venezuela schooner Ana Eulogia, belonging, as they are informed and believe, to the Venezuelan Government, started to sail out of the port of La Guayra; that she stood across the bow of the Lanie Cobb, and that when she was to the windward and about 400 feet from the said Lanie Cobb, then lying safely at anchor, she attempted to tack ship and mis-tacked, and that thereupon, making no effort to haul down any sail nor to drop anchor, she drifted down upon the said schooner Lanie Cobb; that no anchor was dropped from the said schooner Ana Eulogia before she drifted upon said schooner; that some party on board of the Ana Eulogia hailed the Lanie Cobb, but that their language was in Spanish and could not be understood, but that said party did not hail until the schooners were in collision; that the mate of the Lanie Cobb called out in English before the collision occurred to the parties on board of the Ana Eulogia to drop anchor and he would pay out his chain; that no anchor was dropped; that before the Ana Eulogia struck the Lanie Cobb the mate of the latter vessel began to pay out the chain; that the said Ana Eulogia drifted against the Lanie Cobb, and to save the latter from further damage or total loss her anchor and chain was slipped; that when the chain was slipped a line was bent into it, but that the keel of the Ana Eulogia cut the line and the anchor and chain were lost; that thereupon the Lanie Cobb drifted away from the said schooner, and with her second anchor was anchored in a most dangerous position near the beach; that her windlass patent was broken, and she was therefore so disabled that it Was impossible to extricate her from her perilous situation; that in the collision the windlass patent was broken, the cutwater, obstays, martingale, and all head-gear were broken, and the bow-sprit and all attached to it was carried away.
And these appearers, upon their oaths aforesaid, do further declare and say: that at the time of during and after said casualty they, together with the others of the ship’s company, used their utmost endeavors to preserve the said Lanie Cobb from all manner of loss, damage, or injury.
Wherefore, the said C. H. Cobb, master, hath protested, as by these presents I, the said consul, at his special instance and request, do publicly and solemnly protest against all and every person and persons whom it doth or may concern, and against the winds and waves and billows of the seas, and against all and every accident, matter, and thing had and met with as aforesaid, whereby and by reason whereof the said vessel Lanie Cobb already has or hereafter shall appear to have suffered or sustained damage or injury. And do declare that all losses, damages, costs, charges, and expenses that have happened to the said Lanie Cobb are and ought to be borne by those to whom the same by right may appertain, by way of average or otherwise, the same having occurred as before mentioned and not by or through the insufficiency of the said Lanie Cobb, her tackle or apparel, or default or neglect of this appearer, his officers or any of his mariners.
- C. H. COBB, Master.
- W. M. WENTWORTH, Mate.
- H. P. BAKER, Seaman.
In testimony whereof these appearers have hereunto subscribed their names, and I, the said consul, have granted to the said master this public instrument, under my hand and the seal of this consulate, to serve and to avail him and all others whom it doth or may concern as need and occasion may require.
United States Consul.
La Guayra, March 2, 1885.
Before me, Winfield S. Bird, consul of the United Slates at La Guayra, personally appeared Benjamin F. Cushman, master of the American schooner Addie M. Bird, of Rockland, [Page 911] Me., who, being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily and freely deposes and states, as follows:
On the evening of February 21, 1885, I witnessed the casualty that occurred to the American schooner Lanie Cobb, then lying quietly at anchor in the port of La Guayra. I saw the Venezuelan schooner Ana Eulogia as she filled away, her foretop boom high up and sheet well off, so that the foresail was not full to the wind, and could not, therefore, drive the vessel from across the bows of the American schooner. I remarked immediately to my mate that she would collide with the American schooner. When the Venezuelan captain saw the danger he undertook to tack ship, but never hauled in any head sail; and so he drifted down about three hundred feet on to the American schooner without attempting to drop anchor. And even after he was afoul of the American schooner and across her bows he never hauled in any sail except the mainsail. While afoul of the American schooner a kedge anchor was run from the Venezuelan schooner to windward, but failing still to haul in sail, the American was helpless to free herself from the Venezuelan schooner without slipping her anchor, which was promptly done.
Master Addle M. Bird.
Sworn to and subscribed before me this the day and date first aforesaid, as witness my hand and official seal.
United States Consul.
La Guayra, March 2, 1885.
By this public instrument of declaration and protest be it known and made manifest to all to whom these presents shall come or may concern, that on this day before me, Winfield S. Bird, United States consul at the port of La Guayra, personally came and appeared C. H. Cobb, master of the American schooner Lanie Cobb, now lying in this port of La Guayra, who, being duly sworn upon the Holy Evangelists of Almighty God, does voluntarily, freely, and solemnly depose and state as follows; that is to say:
That on the evening of the 21st day of February, 1885, the Venezuelan schooner Ana Eulogia, which schooner, according to information and belief, is either owned or chartered by the Venezuelan Government, ran afoul of the said Lanie Cobb, then lying quietly at anchor, and seriously damaged and injured said schooner Lanie Cobb; that he called a survey upon said ship and sought to have the matter settled amicably, without resort to law, to this purpose engaging the good offices of the United States consul at La Guayra and the United States consular agent at Caracas; that no offer of arrangement or compromise was made to him, and that all offers of compromise made on his part were peremptorily refused; that, in the mean time, the port authorities had permitted the Ana Eulogia to sail from the port of La Guayra; that on Monday a.m., the day and date herein first aforesaid, he addressed a note to the judge of hacienda, in La Guayra, asking a survey on his vessel, and measures of justice, by whom he was referred to the collector of customs; that he thereupon addressed a note in similar terms to the collector of customs but that the said collector referred him back to the said judge; that thereafter the said judge refused to act in the matter and referred him back to the said collector; that on again recurring to said collector, he absolutely refused to offer or afford to him, the said C. H. Cobb, any relief or any measure looking toward relief.
Wherefore the said master, C. H. Cobb, hath protested, as by these presents I, the said consul, at his special instance and request, being fully cognizant personally of the truth of every statement made on this, his said declaration and protest, do publicly and solemnly protest against all and every person and persons whom it doth or may concern, and against the winds and waves and billows of the seas, and against all and every accident, matter, and thing had and met with aforesaid, whereby and by reason whereof the said schooner Lanie Cobb already has or hereafter shall appear to have suffered or sustained damage or injury, and especially against the action of the legal authorities of the Republic of Venezuela as aforesaid. And do declare that all losses, damages, costs, charges, expenses, and delays that have happened to the said schooner Lanie Cobb are and ought to be borne by those to whom the same by right may appertain by way of average or otherwise, the same having occurred as before mentioned and not by or through the insufficiency of the said Lanie Cobb, her tackle or apparel, or default or neglect of this appearer, his officers or any of his mariners.
[Page 912]Thus done and protested in the port of La Guayra this the 2d day of March, A. D. 1885.
In testimony whereof this appearer has hereunto subscribed his name, and I, the said consul, have granted to the said master this public instrument under my hand and the seal of this consulate, to serve and to avail him and all others whom it doth or may concern as need and occasion may require.
United States Consul.
C. H. Cobb,
Master
Schooner Laney Cobb.