No. 208.
Mr. Bassett to Mr. Fish.
Legation of
the United States,
Port au
Prince, Hayti, Dec. 8, 1871.
(Received Dec. 30.)
No. 99.]
Sir: I have the honor, in again referring to
the case of the steamer Hornet, to state that the Spanish frigate
Zaragoza, carrying twenty-one
[Page 257]
guns and four hundred and fifty men, accompanied by the Spanish gunboat
Pizarro, carrying six guns and one hundred and sixty-five men, came into
this bay and cast anchor in ready proximity to the Spanish gunboat
Churruca, already here, on the 21st ultimo. It is scarcely necessary to
observe that this presence of a Spanish squadron in the harbor of the
capital of Hayti so soon after the rash ultimatum had been offered by
the Spanish representative, Señor Oliveira, to the Haytian government in
regard to the case of the Hornet, produced marked anxiety and alarm in
all circles here, and had a visible effect upon business transactions.
It seemed to be, in fact, generally apprehended that this array of
Spanish force in the harbor of Port au Prince at this time and under the
circumstances, could have been made only for the purpose of enforcing
upon the Haytian government the alternative of accepting the
responsibility of indemnifying Spain for all damages said to have been
or which may be committed against its interests in Cuba by the Hornet.
At a conference held at his request between him and myself on the 22d
ultimo, the minister of foreign affairs, manifesting much uneasiness,
seemed to partake of this apprehension, and said he had sent for me to
ask my advice. The Haytian man-of-war La Terreur having just come into
port for coal and provisions, expecting to return shortly to the south,
where the President still is, the minister asked me if I would advise
him to dispatch the Terreur at once for the President and the three
ministers of state with him. “What can I do!” said he to me. “What do
you think! What would you advise!” I told him I could not advise him
about sending the Terreur for the President; but I ventured to intimate
to him that in my judgment no safe and honorable course was open to his
government other than to conserve its neutrality in the case of the
Hornet, and stand firmly by the position which it had already taken and
which seemed to me to be in fair conformity with the principles of
international law.
The anxiety and alarm were increased from the fact that the Spanish
officials held no intercourse with the shore until the third day after
their arrival, when Senor Oliveira sent to the minister a dispatch quite
remarkable in its character. The dispatch (see inclosure A, minister’s
note conveying to me the substance of this dispatch) stated that the
commander of the Spanish squadron had addressed him (Señor Oliveira) a
note inquiring whether the government would guarantee that the Spanish
representative would be, as it was charged in this note he had not
always been, properly respected by the populace if he were to return to
the city from the Churruca and resume the duties of his office. This
dispatch was the first communication that Señor Oliveira had held with
the Haytian government since he addressed to the minister, October 4,
the ultimatum already referred to. The minister at once responded that
there was no doubt but that all due respect would be shown by everybody
here to the Spanish representative.
Still it seemed singular that a Spanish squadron should be sent here
simply to inquire about Senor Oliveira’s standing with the populace; and
most persons thought that the Spanish commander must have come on some
mission touching the Hornet affair. All conjecture was soon removed by a
dispatch sent on the 29th ultimo to the minister, by Señor Oliveira.
This dispatch covered one from the commander of the squadron, making the
extraordinary demand that the Haytian government should assume the
responsibility of preventing the Hornet from leaving this port, and to
this end, that it should dismantle her and hold in charge certain of her
essential equipage, a demand which he declared to be conformable in
every particular to his instructions. The
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minister, in a formal interview with the Spanish
officials, declined to accede to this demand unless it should be
mutually agreed to between them and myself. He requested an audience
with me the next day for the purpose of conferring with me on the
subject. I, of course, declined to enter into any arrangement of the
kind. And on the 4th instant he embodied in a dispatch, (see Inclosure
B,) which covered a certified copy of Señor Oliveira’s, (see Inclosure
C,) what he had already conveyed to me at our conference. I promptly
replied, (see Inclosure D,) formally declining to entertain the
proposition to dismantle the Hornet, denying the right of any foreign
government to take such action as that which was indicated in Senor
Oliveira’s dispatch against any vessel of the United States which
lawfully carries the American flag, and telling him that, in my
judgment, the general position which his government had assumed, to
conserve its neutrality in this case, was substantially in accord with
the requirements of public law.
The minister told me that he had embodied my dispatch in his reply to
Senor Oliveira, from whom, however, no farther communication has thus
far been received. The Spanish frigate Zaragoza and the gun-boat
Ohurruca are yet here, and Senor Oliveira still remains on board the
latter. The Pizarro has left these waters to bear, it is said,
dispatches from the consul and the squadron to the captain-general of
Cuba.
I am, &c.,
[Inclosure A in No.
99.—Unofficial.—Translation.]
Mr. Denis to Mr.
Bassett.
Department of State for Foreign Affairs,
Port au Prince, November 24, 1871.
My Dear Minister: I have this morning
received a dispatch from the consul of Spain. He has simply said
therein, that his admiral, now in our harbor, desires that the
consul should inform him if he, the consul, thinks that he will
continue to be as much respected and considered as he has hitherto
been by the Haytian government; and if my government would guarantee
that he, the consul, would not be hereafter exposed to the vexations
of the populace, as it has already happened to him several
times.
I need not say to you what will be my answer to such a question. The
conduct that my government has always observed toward the
representatives of foreign governments will assuredly lead you to
anticipate its tenor.
Yours, very truly,
[Inclosure B in No. 99.—Translation.]
Mr. Denis to Mr.
Bassett.
Department of State for Foreign Affairs,
Port au Prince, December 4, 1871.
Mr. Minister: I have the honor to transmit
to you, under this cover, a copy of a dispatch received by me from
the consul of Spain, bearing date November 29th, ultimo, relating to
the steamer Hornet.
The day after the receipt of this dispatch I had an interview with
the Spanish consul, who was accompanied by an officer of the frigate
Zaragoza.
After having concurred in our view of the strict neutrality that we
ought to observe in this question, these gentlemen declared that
they desired the Haytian government to assume the responsibility of
the safe-keeping of the Hornet until the difference existing in
relation to this vessel shall have been settled at Washington
between the American Cabinet and the Spanish minister.
[Page 259]
In response, they were told that the Hornet being American property,
as you have written to us, and as Mr. Fish has repeated the same
thing at Washington to our minister resident, we could only consent
to accept her safe-keeping on condition that you would give your
entire approbation to the same.
I shall be very happy to have your opinion on the question in order
to communicate that opinion to the Spanish representative, Señor
Oliveira.
Be pleased to accept, Mr. Minister, my very high consideration.
DENIS,
Secretary of State for Foreign
Affairs.
[Inclosure C in No. 99.—Translation.]
Mr. Oliveira to
Denis.
Consulate-General of Spain in
Hayti.
Mr. Minister: I have the honor to transmit
a literal copy of a dispatch of yesterday’s date, that was addressed
to me by the general (commodore) of the sqadron of my nation,
stationed in this port, which dispatch is couched in these precise
terms:
“Iron-clad frigate Zarogaza. I hope that you will, with all possible
diligence, transmit to the government of the republic of Hayti the
following demand, which conforms in every point to the tenor of my
instructions. It is that the steamer Hornet shall be effectively
detained here, her detention being secured in such a manner that the
said steamer, guarded by the Haytian government, shall not be able
in anywise to deceive the vigilance of which she shall be the
object.
“To attain this end, I think it indispensable that the rudder,
safety-valves, and running-gear of the steamer should be dismounted
and deposited in the arsenal, or some other establishment. These
precautions will not only guarantee our country, but also that which
by such preventive means shall have concurred in thus securing this
arrangement.”
In now having the honor to bring these instructions to your
attention, I await your response to this demand.
I am led to hope, Mr. Minister, from your known amiability of
character, that you will be pleased to answer me as soon as
possible, in order that I may report to the general (commodore) the
accomplishment of his desires. May God grant you a long life.
Saluting you most respectfully, I am your obedient servant,
RAMON V. OLIVEIRA.
On Board of
Steamer
Churruca,
Harbor of Port au
Prince
, November 29, 1871.
Certified copy:
DENIS,
Secretary of
State for Foreign Affairs.
[Inclosure D in No. 99.]
Mr. Bassett to
Mr. Denis.
Legation of the United States,
Port an Prince, December 4, 1871.
Sir: Your dispatch of this date, inclosing
a certified copy of a communication addressed by the Spanish
representative, Senor Oliveira, to your government, relative to the
steamer Hornet, is before me. I have carefully noted the tenor of
the demand made by the general (commodore) of the Spanish squadron,
now lying at anchor in this bay, as that demand is stated in Señor
Oliveira’s dispatch, which is to the effect that the Haytian
government shall not only assume the responsibility of holding the
Hornet in custody here, but that it shall give a guarantee of its
good intention in that regard by dismantling the said steamer, and
placing in depot here her most important equipage; and I have also
noted your statement of the result of a subsequent conference on the
subject between yourself and Senor Oliveira, in company with an
officer of the Spanish squadron.
In response to your request for my opinion on the question, I have
the honor to state that this demand of the commanding officer of the
Spanish squadron now here strikes me as extraordinary. I not only
feel constrained to decline to entertain the proposition
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as stated by him, but I
must also deny the right of a foreign government to take such
proceedings as are indicated in this demand against any vessel of
the United States which has regular papers, and which lawfully
carries the American flag.
The position of strict neutrality, assumed by your government in this
case of the Hornet, and the principles upon which you have based
that position, as far as known to me, I believe to be substantially
in accord with the requirements of public law.
I am, &c,
