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Mr. Seward to Mr. Schurz.

No. 21.]

DEPARTMENT OF STATE, Washington, August 15, 1861. SIR: Mr. Perry's despatch, No. 13, dated July 12, was delayed, and only came to hand simultaneously with your own despatch (No. 3) of July 18, which relates in part to the same subject, namely, the negotiation of a treaty between the United States and Spain for the liquidation of claims, and for the melioration of the commercial arrangements between the two governments affecting trade with the Spanish West India colonies. My answer to your own (No. 3) includes all that it seems necessary to say concerning Mr. Perry's communication first mentioned, except one point. That point I shall now consider. Not only would this government cheerfully enter into a treaty raising a joint commission for the settling of pending claims between the two countries, or between their citizens and subjects, but it deems it essentially important and desirable that all such claims should be put into that very proper channel for settlement. But this government does not regard the so-called Amistad claim as having any valid obligation in law or conscience, and can in no case consent to negotiate upon it. While, therefore, we shall not be critical as to the form of words to be used in describing the claims to be submitted to the proposed joint commission, frankness requires that the exception of that supposed claim shall be expressed, or at least distinctly understood.

I am well aware that this instruction differs radically from admissions and acknowledgments heretofore made by several of the predecessors of the President. Each of them has considered the subject for himself, and pronounced upon it according to his own convictions. The new President, under the same obligation, instructs me to make known to you his disallowance of the claim in question. It were, indeed, to be desired that there should be consistency in the action of the government throughout successive administrations, especially where foreign nations are concerned, but justice and reason cannot be safely compromised by any government, even for the sake of preserving perfect consistency with itself through a series of years, and in its intercourse with foreign states.

I am, sir, your obedient servant,

CARL SCHURZ, Esq., &c., &c., &c., Madrid.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Schurz.

No. 23.]

DEPARTMENT OF STATE, Washington, August 20, 1861.

SIR: Your despatch of the 22d July, No. 5, has been received. The reduction of imposts on certain productions of the United States made by the Spanish government is a favorable step in the right direction, and, as such, will be very gratifying to the people of the United States. Due publicity to the regulation has been given.

I am, sir, respectfully, your obedient servant,

CARL SCHURZ, Esq., &c., &c, &c.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Schurz.

No. 26.]

DEPARTMENT OF STATE, Washington, September 3, 1861.

SIR: Your despatch No. 6, under the date of August 6, has been received. Your note written to Mr. Calderon Collantes on the subject of the reception of the piratical vessel Sumter with her prizes at Cienfuegos was eminently proper and is approved. You are already aware that the governor general of the Island of Cuba has released the prizes. I defer further remark concerning that transaction, if indeed any shall now be necessary, until the answer of the minister of foreign affairs to your note shall have been received.

Your attention to my request concerning certain matters in Paris is highly appreciated.

I am, sir, respectfully, your obedient servant,

CARL SCHURZ, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Schurz.

No. 28.]

DEPARTMENT OF STATE, Washington, September 5, 1861.

SIR: Your despatch No. 7, dated August 6, has been received. I can very well understand that you were deeply distressed by the first reports of the battle at Bull Run. Those reports grossly exaggerated a disaster which was sufficiently afflicting in its real proportions. The exultation of persons and classes in foreign nations prejudiced against our country and its institutions is one of the penalties we pay for the civil discord into which we have fallen. But even a very limited experience of human nature will enable us to practice the necessary equanimity in such a crisis. Changes of habit and policy are necessary to national growth and progress. We have had little reason to expect that such changes in our case should always be effected without the occurrence of some disorder and violence. Let us be content that the country has virtue enough to pass the ordeal safely, and that when it is passed, our prosperity will be greater and more assured than ever.

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SIR: I write this despatch with a view that you shall ask permission of Mr. Calderon Collantes to read it to him, and if he shall be disposed to receive it you will deliver a copy of it to him.

Ex. Doc. 1-18

I think that the Spanish government can entertain no doubt that the United States earnestly and even anxiously desire to avert, if possible, any such alienation as might lead to a conflict between the two countries as an episode in the civil war which is unhappily prevailing at the present moment in the southern part of the republic. I am perfectly satisfied that the Spanish government is animated by the same desire. Upon this point I speak sincerely and upon full consideration. I am not equally confident, however, that the consuls of the United States in the Island of Cuba will always, in the absence of special instructions for unforeseen contingencies, exercise the discretion which the interests of our country require.

The government of the United States is not to be misunderstood as fearing to encounter the intervention of Spain in favor of the insurgents of this country, if her Catholic Majesty's sentiments and purposes have been misconstrued. We are aware, we think, of all the perils of our situation, and have not overlooked the not unnatural one of foreign alliances with our disloyal citizens.

The valuable commerce carried on between the United States and the Island of Cuba is often attended with incidents which require the exercise of great discretion and of mutual forbearance to prevent collisions between the consular authority of the United States, allowed by treaties and the law of nations, and the just sovereign authority of Spain.

I desire to state, in a spirit of perfect frankness, what deviation from the usages of revenue and commerce between sovereign states, as recognized by treaty and international law, this government tolerates in the transaction of American commerce in the ports of Cuba, and in all other foreign ports.

When an American merchant vessel arrives in a foreign port, having cleared from a port in the United States which, at the time of her departure, was in the possession of the insurgents, and for that reason she could not have obtained regular papers from officers acting under the authority of the United States, and conformable to the laws of Congress, this government does not insist that she shall be denationalized for that reason. But, on the other hand, it does expect that she shall, in the port where she arrives, be treated in all respects as an American vessel and subject to the consular authority of the United States, and that she shall not be treated as a vessel independent of the laws and consular authority of this nation.

The waiving of the irregularity of the papers in such cases is consented to ex necessitate, and for the present time only, and is not to be drawn into precedent. But when this government shall see fit to withdraw this concession, due notice will be given to foreign powers.

I send you copies of papers which have just been received from the viceconsul general of the United States residing in Havana, namely, despatches Nos. 56 and 60, dated the 6th and 10 instant, respectively, with their accompaniments.

These papers furnish some ground to apprehend that the Spanish authorities in Cuba, misinterpreting, as I am happy to think, the royal edict of the 17th of June, are practicing, or are about to practice, upon the principles of recognizing an insurgent flag upon American vessels, and denying the consular rights and privileges of the United States in reference to such insurgent vessels in Spanish ports.

I forbear from preferring any complaint concerning the cases mentioned in these papers, partly for the reason that the transactions mentioned therein are incompletely presented, and more for the reason that I am seeking the prevention of future difficulties by the government of Spain in an amicable spirit. I neither make nor ask explanations in these cases. But I desire that Mr. Calderon Collantes will examine the papers, and, after having satis

fied himself of the true state of the case, will give such directions, if he shall find it necessary to do so, to the colonial authorities as will prevent any recognition whatever in the Spanish ports of the flag of the insurgents, or any disrespect to the flag of the United States, by the Spanish authorities, or any infraction of their consular authority in those ports.

I am, sir, your obedient servant,

CARL SCHURZ, Esq., &c., &c., Madrid.

WILLIAM H. SEWARD.

OCTOBER 4.

P. S. The unavoidable delay which has taken place in the preparation of the accompaniments of this instruction has enabled me to add the transcript of another despatch from the vice-consul general of the United States at Havana, received at the department on the 1st instant, and dated on the 24th ultimo, (No. 63,) relating to the ship "Bamberg" and brig "Allen A. Chapman."

No. 56.]

Mr. Savage to Mr. Seward.

CONSULATE GENERAL OF THE UNITED STATES OF AMERICA,

Havana, September 6, 1861.

SIR Having learned, on the 30th ultimo, as I might say accidentally, that a vessel had come, several days before, into the port of Matanzas under the flag of the so-called Confederate States, and, notwithstanding the efforts. of our consul there to prevent it, had been admitted by the authorities to entry, and to discharge her cargo, which course had been approved of by the superior authority of the island, I addressed the same day a letter to Mr. Martin, calling upon him for information on the subject. No reply having been received on the 2d instant to my letter, I wrote again, and yesterday morning his answer came to hand. A copy of it and the accompanying papers are herewith enclosed. This correspondence contains all the facts relating to that case.

On the same day that I wrote my first letter to Consul Martin I ascertained that the governor general had decided to admit into the ports of the island all vessels arriving under the flag of the insurgents, and to allow them to discharge and take cargo. On the next day I succeeded in obtaining a copy, and it is now accompanied with a translation thereof. This order was transmitted by the intendant general of the army and treasury to the collector general of the maritime revenue; has not been published nor communicated to me in any form; and, although its existence is known to many, the public journals, excepting the Weekly Report in a general way, have not even mentioned it.

In a matter of such import, and feeling the conviction that no suggestions of this office would cause the captain general to cancel that order, I have deemed it expedient not to enter into any correspondence or discussion with him without specific instructions from the department; more especially after reading what Mr. Wheaton advances upon the subject, in pages 32, 33, and 34, Elements of International Law. Moreover, as the Spanish government has always denied to consuls any diplomatic power, I felt apprehensive that my first communication on the subject would be unheeded, or acknowledged

with the remarks that the question comes within the province of our respective governments, and to be settled at Washington or Madrid.

I have the honor to be, sir, with great respect, your obedient servant,
THOS. SAVAGE, JR.,
U. S Vice-Consul General.

Hon. Wм. H. SEWARD,

Secretary of State of the United States, Washington.

His excellency the superior civil governor has, on date of 27th instant, resolved the following:

1st. All merchant vessels proceeding from and wearing the flag of the southern confederacy, employed in legitimate commerce, will be admitted in all the ports of entry of this island, if the documents they may present do not cause the slightest suspicion of piracy, fraud, or any other crime punishable according to the laws of all nations.

2d. Once in our ports, said vessels will be under the safeguard of the neutrality proclaimed by the government of her Majesty the Queen (whom God save) in the royal decree of the 17th of June, and in this understanding they cannot be molested by any foreign agent whilst engaged in their licit operations of entrance and discharge, loading and departure, in said ports. 3d. Therefore, all the civil, as well as naval and treasury, authorities in the ports of this island will consider,such vessels, in relation to their admission and clearance, as vessels proceeding from a foreign nation which has no accredited consul in this territory.

Which, by order of the intendant general, I communicate to you for your intelligence and fulfilment of the part that concerns you.

No. 60.]

Mr. Savage to Mr. Seward.

CONSULATE GENERAL UNITED STATES OF AMERICA AT HAVANA,
September 10, 1861.

SIR: I have the honor to lay before you copies of correspondence between this consulate and various authorities respecting the ship Bamberg and brig Allen A. Chapman. By reference to the communications that passed between the commercial court and myself, you will see that I objected to any interference on the part of that court against the action taken by this consulate in respect to the Bamberg. I have learned that on receipt of my letter the court cancelled the order it had issued granting permission for the survey and discharge of the ship, and has referred the matter to the governor general.

But on Sunday, the 1st instant, both the "Bamberg" and "A. A. Chapman," by preconcerted design, prompted by the governor general's order in relation to vessels arriving in open ports of the island under the flag of the so-called Confederate States, put up rebel flags at their fore and main mastheads. The A. A. Chapman had the rebel flag of the southern confederacy at the fore, and the flag adopted by Louisiana after she seceded from the Union at the main masthead, the American colors hanging from a rope at the stern. The Bamberg had the so-called Louisiana flag at the main masthead, the American at the peak. I consider the so-called flag of Louisiana to be an emblem of rebellion.

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