Mr. Sherman to Mr. Dupuy de Lôme.
Washington , November 4, 1897 .
Sir: Referring to the Department’s note to your No. 303, of the 1st instant, in regard to the schooner Donna T. Briggs, now detained at Norfolk, Va., by the collector of customs, on a charge of filibustering and violation of the navigation laws of the United States; also to the [Page 538] case of the Sommers N. Smith, have now to apprise you of the receipt of a letter from the Attorney-General upon the subject, dated the 2d instant. Mr. McKenna says:
The attorney for the United States at Norfolk has already been directed by this Department to correspond with Mr. Carlisle, the attorney for the Spanish Government, in reference to these vessels, and also to obtain from other possible sources all facts concerning the allegations against them and to advise the collector of the port of Norfolk in regard thereto. And the said United States attorney has been farther directed that if the facts and circumstances sufficient are ascertained, judicial proceedings authorized by law be instituted against these vessels. Of course the Government will not be warranted in detaining these vessels, or either one of them, for an indefinite period upon a mere suspicion. Some tangible evidence of illegality should be found within a reasonable time after detention or the vessel should be released.
Accept, etc.,