Mr. Bayard to Mr. Scott.
Washington, September 3, 1885.
Sir: I have to acknowledge the receipt of Mr. Baker’s dispatch No. 88, of May 6, 1885. It relates to the claim of the master of the American schooner Lanie Cobb, of Bangor, Me., against the Government of Venezuela, for being run into while lying at anchor in the harbor of La Guayra by the Venezuelan schooner Ana Eulogia, February 21, 1885.
The Department’s previous instructions in respect of this claim are numbered 51 of March 24, 56 and 59 of April 9 and 22, 1885. These, with their several accompaniments, contain all information requisite to an understanding of the facts on which the claim is based.
With this correspondence before him, Mr. Baker has referred the subject back to the Department for examination and instruction previous to presenting a claim to Venezuela for the wrong alleged to have been sustained by the claimant.
It appears that the schooner Lanie Cobb arrived at La Guayra, February 15, 1885, from Savannah, Ga., laden with lumber, and that while lying safely at anchor in the harbor of La Guayra, was negligently and carelessly run into by the Ana Eulogia and considerably damaged. The declaration and protest of the master and crew of the American schooner and the testimony of an eye-witness to the occurrence agree that the fault was entirely on the side of the Venezuelan vessel, and that no adequate attempt was made by those manning her to prevent the collision, nor, after the collision, to free the vessel.
While afoul of the American schooner, states Benjamin F. Cushman, master of the Addie M. Bird and a witness of the casualty, 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.
A survey of the American vessel was at once requested by her master of the consul to ascertain her present state and condition; also what had better be done in the interest of all concerned. Mr. Consul Bird accordingly appointed Messrs. Evan Jones, master of the brig Fleetwing, of Cardiff, Wales; Benjamin F. Cushman, master of the schooner Addie M. Bird, of Rockland, Me.; and Charles G. Jackson, master ship carpenter, to make the desired survey. Their duty was carefully performed, and from their itemized estimate it would seem that the probable expense of repairing the damage done, in accordance with the cost of labor and materials at La Guayra, amounts to $1,736. To this sum they add $250 for two weeks’ delay, which aggregates $1,986 as the total sum due in United States gold.
In submitting a claim for this amount you will bear in mind what Mr. Baker says regarding the recovery by the master of the Lanie Cobb of his anchor and chain, at a trifling expense. In the report of the survey these articles were estimated at $128 and $750, respectively. If Mr. Baker’s statement is found to be correct, the total damages are to be reduced in accordance with this later estimate.
With this brief history of the case, it seems not inappropriate to here refer to certain facts developed in the attempted adjustment of the matter by the consul. It is to be regretted that the Venezuelan authorities, instead of interposing technical obstacles to a satisfactory settlement of [Page 924] the affair, should not have placed the responsibility where it belonged, and have made due, immediate, and courteous reparation for the damages thus sustained through the culpable negligence of those in charge of the Ana Eulogia.
It appears that the surveyors appointed by Consul Bird to make a survey of the damages sustained by the Lanie Cobb were refused admission to the vessel, and were only permitted (although reluctantly done) to go on board of her at the urgent insistance of the consul. The pretext for the refusal is offered in the fact that the consul’s letter to the collector of customs at La Guayra was written in English, which Señor Martin was unable to read. He therefore declined to take action respecting it until the return of the official interpreter from Caracas, as to the time of whose coming, however, no intimation was given. Mr. Bird offered to explain to the collector, in Spanish, what was desired, but this offer was refused. Upon the consul urging the necessity of the survey in order to remove the vessel from her dangerous proximity to the rocky coast and thereby avoid possible further damage the collector volunteered to render all proper assistance; but this Mr. Bird declined to accept until a lawful survey had been held. The collector then insisted upon the right to name one surveyor, the Venezuelan vessel the other, and the American schooner the third. To this proposition Mr. Bird very properly objected, adding that the survey was directed in accordance with his official duty; that it had no reference to proceedings in the Venezuelan courts, but was instituted pursuant to the laws of the United States. At first the collector refused permission to Mr. Bird to proceed on board of the vessel, but finally consented, upon being referred to the law, to his going there unofficially. Mr. Bird, however, declined to visit the vessel under such conditions, but was forced to accept a permit for the surveyors to go on board of her as private individuals.
It seems that the Ana Eulogia, although the private property of President Crespo, of Venezuela, was at the time under commission of the Venezuelan Government. Under this peculiar circumstance of ownership and service of that vessel, it was deemed fitting by the consul that a private adjustment of the affair should, if possible, be arranged; and every endeavor tending to promote this end was resorted to, but without success.
With this solution of the difficulty in view, Mr. Bird visited Caracas in a private capacity, and as the authorized agent of the Lanie Cobb, endeavored to effect an amicable private adjustment with General Crespo. He admitted the ownership of the vessel, but said that as she was in the service of the Government, the secretary of war would have to be consulted. That officer, however, was absent from Caracas, and as no one was authorized to say when he would return to the city, official business obliged Mr. Bird to proceed to La Guayra without seeing him. The further prosecution of the case was therefore committed to Mr. Charles R. Röhl, United States consular agent at Caracas, but in a private capacity. Mr. Röhl’s efforts, although considerately presented to Mr. E. J. Linares, an intimate friend of General Crespo, with a view of obtaining an amicable and equitable settlement, proved fruitless.
Under these circumstances, acting upon the written advice of Mr. Röhl, Mr. Bird again undertook to arrange the difficulty at La Guayra with Mr. W. Carias Perez, the agent of Mr. Linares, and who, it was understood, had been instructed by his principal to confer with the claimants. Mr. Perez admitted his authority in the premises, but all [Page 925] considerate efforts to satisfactorily arrange matters came to naught, and the claimants were finally remanded to the courts for redress.
On the 2d of March, therefore, the master of the Lanie Cobb addressed a note to the judge of hacienda, setting forth that his vessel had suffered material damage by colliding with the Ana Eulogia, and asking the naming of experts with a view to assessing damages and according justice. The judge, however, decided that the complaint was not within his jurisdiction, and referred the parties to the collector of customs as the person before whom such matters should primarily be instituted. Thither the claimants repaired, only to be told that their redress lay with the judge of hacienda, who again insisted that such was not the case, but that the collector of customs, as ex officio captain of the port, had jurisdiction. But this officer refused absolutely to entertain the complaint.
A clearer case of a denial of justice than this can scarcely be conceived, and that, too, after every reasonable effort on the part of those injured by the disaster had been put forward with the most considerate regard. They sought to enforce no unjust demands, but in a spirit of commendable fairness endeavored only to secure an equitable settlement, which, after much circumlocution, was denied them. It appears inconceivable that in so strong a case no more attention should have been given by the Venezuelan Government to the representations of the claimant and no greater desire evinced to accord them substantial justice, and it is earnestly hoped that your presentation of the claim diplomatically will result in a full and frank admission of wrong on the part of the Venezuelan officers and an immediate offer of due reparation. A demand more lenient than this the Venezuelan Government cannot possibly expect, while the United States must require that the rights of American citizens who have been unjustly or unreasonably dealt with by a foreign Government should be respected and their just demands made good.
The ownership of the vessel can have no weight in pressing this claim, although it is true that upon the claimants learning that the Ana Eulogia belonged to President Orespo they endeavored, in view of that fact, to arrange a private adjustment of the matter. At the time of the accident the Ana Eulogia was under commission of the Venezuelan Government, and that Government by every rule of reasoning is responsible for the damage to the Lanie Cobb on account of the careless and inexcusable acts of those on board of the former vessel. While, as previously stated, President Crespo’s ownership ought not to have any effect in aggravating damages, yet his high office places him in a position in which he must be personally cognizant of the injury done and peculiarly sensitive as to its redress.
There are other matters to be taken into consideration besides the pecuniary claim for the losses sustained by the collision. That of itself is of small moment when compared with the influence such action as now appears on behalf the Venezuelan officials must eventually exert on the seafaring or commercial interests of the United States and other nations whose vessels visit Venezuelan ports. It is neither a pleasant reflection nor one conducive to security and international confidence to feel that in case of accident such as befell the Lanie Cobb there is no possibility of remedy before the civil or judicial tribunals of Venezuela, except upon the diplomatic presentation of the complaint after the failure of all other efforts.
The right of our citizens to demand compensation for damages which they may sustain, as in the accident to the Lanie Cobb, as well as that [Page 926] of a Government to insist upon due reparation of such wrongs in behalf of its citizens, whenever necessary, is one which belongs to them by the rules of international law, and which is so recognized by all civilized countries.
With the information already before your legation in connection with this instruction, you will be in a position to make all due and necessary representations to the Venezuelan Government. In doing so, you will accompany your note to the minister for foreign affairs with such copies of papers as you think proper, and press the claim to a satisfactory conclusion with all possible dispatch, reporting your action fully to this Department.
I am, &c.,