Mr. Adee to Mr. Dupuy de Lôme.
Washington , November 1, 1897 .
Sir: I have the honor to acknowledge the receipt of your note of the 26th ultimo, wherein you say with reference to the alleged filibustering schooners Donna T. Briggs and Sommers N. Smith, that the consular officers and lawyers of Spain have been directed to furnish the competent authorities with all the data within their possession and to extend every possible assistance for the prosecution of the violations of the neutrality and other laws of the United States.
Referring to Mr. Day’s note of October 22, 1897, I may remark that it was intended to ascertain whether your Government actually possessed and could furnish any information upon which judicial proceedings against the Donna T. Briggs could be based. The instructions to the Spanish consular officers and lawyers employed by the Spanish Government suggest that the holding of the vessel is expected in order [Page 537] to give those officers time to gather inculpating evidence not now possessed by them upon which to base the prosecution.
In the regular course, probable cause shown, by evidence which would of itself justify the institution of proceedings, should precede detention of the supposed offender. While under the law the President of the United States has the right to detain a vessel until he is satisfied of the character and of the purpose of its destination, yet it is not to be supposed that this permission gives him arbitrary authority to detain such vessel indefinitely, and it was evidence of this character that Mr. Day’s note of the 22d ultimo sought, in order that the machinery of justice might be duly set in motion and the long detention of the vessel on mere allegation and suspicion be justified. If evidence upon which to institute suit be not forthcoming, the question of liability to her owners may naturally arise.
Accept, etc.,
Acting Secretary.