You are instructed to make a courteous application to the Government of
Venezuela to permit by some general regulation the consuls of [Page 1641] the United States to visit
vessels of their nationality in their official capacity without a special
permit from the local authorities.
[Inclosure in No. 156.]
Mr. Burke to Mr.
Rives.
United
States Consulate,
Puerto
Cabello, February 29,
1888.
No. 58.]
Sir: In my dispatch No. 28, of June 28, 1887, I
had occasion to make complaint and enter protest against a certain
official at this port for preventing my going aboard one of the American
steamers without a written permit from the collector of the port; though
from a reading of the dispatch referred to, you will observe I had
verbal permission from General Arismendi, then collector, to go on board
any American steamers whenever I chose or official duty called me. The
official who stopped me on the gangway at that time knew of this fact. I
now make a like complaint and enter a like protest for a like reason
against such law or regulation as is in force at this port, and other
ports throughout the country, so far as their application to a
representative of the United States Government is concerned. On Friday
last, November 24, while going on board the steam-ship Philadelphia of the “Red D Line,” I was stopped by a
custom-house official and told I would not be allowed to pass without a
permit (written) from the collector of the port, though, as in the case
referred to in dispatch No. 28, the recently appointed collector, Mr.
Coronado, when courtesy compelled me to apply to him for a permit to
discharge official duty on an American steam-ship, told me it was not
necessary; I might feel at liberty to go on board any of the steam-ships
at any time, when I chose. After the refusal by the custom-house
official on Friday last to allow me to pass, I did not seek to obtain a
written permit from the collector of the port; nor do I intend to do so,
at least till hearing from the Department on the subject.
In reply to my dispatch No. 28, instructions No. 18, of July 19, 1887,
Hon. James D. Porter, then Assistant Secretary of State, says:
“The regulation referred to is not in violation of the rules of
international law which, in the absence of a treaty, govern our
intercourse with Venezuela. You will have, therefore, to rely on the
courtesy of the port officials for exemption from this restriction.”
In this case the order prohibiting any person from going on board without
a permit, or those on board, Americans and others, from leaving the ship
without a like permit, came from the Government at Caracas, I am
informed. Why? Because, as one of the officials stated to me, the
political affairs of the country looked serious. And because the
political affairs wear a serious look I can be prevented from
discharging my official duty. Why should the seriousness on the
political countenance of the country affect me? I had no word, nor hand,
nor act, nor part in such an unusual thing as forcing the face of
Venezuelan politics to assume so serious and so grave a look.
I am neither urging those who hold the reins of government to cling to
them, nor aiding the party out of power to seek to upset the Government
coach and in the general confusion to grasp these reins, if possible,
and hold them for the next two years.
I have no further interest in the candidates or the party than the desire
every good citizen of a Republic like ours should have to see this
country so governed as to develop most rapidly its great resources and
advance the people in moral, intellectual, and material prosperity.
Because the President of this Republic suspects of being on board an
American steamer a Venezuelan citizen who is regarded by him, at least
is said to be, as revolutionary, because he, this Venezuelan citizen, is
also a candidate for President, this appears to me no just reason why a
representative of the United States Government should be reduced to the
condition of a suppliant entreating a port official to grant him a
permit to discharge a duty that no man or no government should attempt
to prevent him from discharging, at least so long as the country in
whose harbor the American ship is anchored is at peace with other
countries and the normal state of things exists within the confines of
the country itself.
There is no reason for such an act, especially as I have treated all the
officials with courtesy and civility, and have engaged in no other
business but that of a strict performance of my duty in such a manner as
to offend no one, and personally have so conducted myself as to be above
and beyond reproach.
There have been at least four different collectors appointed for this
port during the past fifteen months. The next few months may bring a
more abundant crop of changes. Now, the same humiliating courtesy in the
matter of discharging one’s official [Page 1642] duty on board an American steam-ship must be
sought from each new appointee under the present law of this country and
the port regulations. The representative of a great government like
ours, in the performance of official duty under such regulations, is not
only subject to a capricious government or an arbitrary executive, but
also to the fancy of every new custom-house official. Clearly the fault
lies not with the officials, but with the law or regulations.
The law should be such that neither government whim, executive order, nor
any condition, no matter how irregular, of mind or of body of any
official, could have the power to prevent a representative of the United
States from going on board an American ship in the discharge of his
official duty as long as such representative does not step outside the
line of that duty.
Without pursuing the matter further, I beg to submit is not this a
question the United States Government should adjust in such a way that
its legally-appointed representative should not be, except through his
own misconduct, subjected to whatever discourtesy, affront, or insult
any port official may feel disposed to offer, and be compelled to accept
as a special favor what should be demanded as a right, viz, the going
aboard of an American ship whenever required to discharge an official
duty? Awaiting your instructions, I have, etc.,
