Mr. Hay to Señor Ojeda.
Washington , January 3, 1902 .
Sir: I have the honor to acknowledge the receipt of your note of the 22d ultimo, in which you state that your note of November 5 last did not assume to call in question the justice of the charge brought at Pensacola against members of the crew of the Spanish steamship Leonora, or of the proceedings taken against them on that charge, but that it was desired merely to call attention to the fact that municipal or other authorities of the United States had searched a vessel of a friendly country without the intervention or representation of the latter’s consular authority, as is required by international usage.
In reply I have the honor to point out that it is stated in the report of the mayor of Pensacola that when the Spanish captain objected to the arrest of Arrana, the officer left the vessel without making the arrest and, “in order not to give offense to anyone concerned, proceeded to the office of the Spanish vice-consul and explained that he had a warrant for the arrest of the said Captain Bustinza and Mate Arrana,” before arresting them. Moreover, the mayor, in the concluding part of his letter, states that he has directed his officers, out of courtesy to the Spanish vice-consul, to notify him when it can be done conveniently before executing warrants for the arrest of persons on board of Spanish vessels.
Accept, etc.,