Mr. Tassara to Mr. Seward.
The undersigned, minister plenipotentiary of her Catholic Majesty, has just learned that the court of New York has approved the valuation made of the Meteor and accepted the security for the value of one hundred thousand dollars, issuing at the same time the order to the marshal to set the vessel free. At first view it is deducible that the valuation of the Meteor at the sum of one hundred thousand dollars is extremely below the true value of the vessel, and that in these proceedings action has been most irregular. The proprietor himself, Mr. Forbes, has shown in court, as also appears at the Department of State, that the Meteor cost from three hundred and fifty to four hundred thousand dollars. There is, besides, the cargo on board the vessel, which ought to be comprehended in the valuation. It appears that the experts proceeded with very little attention in the examination of the vessel, and did not take the cargo into account, having remained on board the vessel only a quarter of an hour. Proper affidavits were presented to the court against this valuation. The undersigned asks, meantime, that an order may be issued from the Department of State that the Meteor continue as to this time under the custody of the marshal, and that to hinder the departure of the vessel from the port of New York suitable orders be issued to the collector of the customs, so that he shall not clear the Meteor, unless, in conformity with the provisions of sections ninth, tenth, and eleventh of the neutrality act of 1818, sufficient security be given, making [Page 621] sure that the Meteor shall not be employed in any act of hostility against Spain, in violation of the laws of neutrality.
The undersigned had the honor to make known to the honorable Secretary of State, by note of the 4th instant, what was supposed to be the security which it was said the court would settle upon in order to leave the vessel at liberty, and which it has now settled upon. The undersigned believed that in such case the President of the United States, in virtue of the powers given to him by the act of neutrality, would provide for indefinite detention of the Meteor.
The government of the United States cannot permit that a vessel under sentence of a court shall be left at liberty to violate the law, when only the intent to do so has been punished with confiscation. Moreover, the government of the United States cannot permit that—although the security be accepted that may be an illusion, from the insufficiency of the valuation, and that the collector can grant a clearance for the sailing of the vessel—without requiring the exact fulfilment of the provisions of the act of neutrality. The undersigned hopes these points will be taken into consideration, and that orders will be given, as well to the court as to the collector of the customs, this very day, if possible, by telegraph.
The undersigned avails of this occasion to reiterate to the honorable Secretary of State of the United States the assurance of his highest consideration.
Hon. William H. Seward,&c., &c., &c.