Mr. Fish to Mr. Wright
Sir: I transmit a copy of a letter of the 21st instant addressed to this Department by C. A. Washburn, esq., late minister of the United States to Paraguay, relative to certain property, the most, valuable part of which was placed in his custody by residents of Asuncion, and which, on leaving there, he says remained at his place of abode. That building was taken possession of by the Brazilian forces on their entrance into Asuncion, and the property adverted to is alleged to have been seized as booty by soldiers in the service of that empire.
Mr. Washburn also says, that he warned the depositors that, in accepting the trust which they thought proper to confer upon him, neither his Government nor himself personally was to be held accountable for the safe-keeping of the property. This Government claims no right to interfere for the recovery of the value of such part of it as did not belong to itself or to citizens of the United States, but it may be supposed that, under the circumstances attending the trust, and in view of the standing of the depositors, that government might of its own accord make amends to them. So far as appears, the owners of the foreign property were women, helpless non-combatants, whom a powerful and generous enemy would not voluntarily or unnecessarily injure. Their property, too, was lodged in a house which was the legation of the United States, and though the minister himself was absent at the time of the seizure, it is understood that the flag of the United States was still flying there. The capture of the property of merely technical enemies so situated, seems not to be in harmony with the rule of the freedom of enemy’s property at sea, which is understood to be respected by the Brazilian government.
[Page 44]You will consequently sound the minister for foreign affairs upon this subject. If you should find him not averse to entertaining the complaints of the Paraguayan ladies, measures may be adopted toward obtaining such proof as to the extent of their losses as may be attainable. You will, in any event, give him to understand that reparation will be expected for the seizure of the property of this Government, of Mr. John A. Duffield, and of Mr. Washburn himself.
I am, &c.,