No. 731.
Mr. Nunes to Mr. Davis.
United States Consulate,
Kingston, Jamaica, Nov. 15, 1873. (Received Dec.
5.)
No. 5.]
Sir: I have the honor to inform you that
the American steamer Virginius, which entered at this consulate on
the 10th. day of July last, after a stay of three months and
thirteen days cleared on the 23d ultimo for Port Limon, Costa Rica.
On the morning of the 5th instant I received a brief telegram from
E. G. Schmitt, esq., vice-consul at Santiago de Cuba, (see inclosure
No. 1,) informing me that the Virginius had been captured and taken
thence, (to Santiago;) also requesting her nationality, and “if
cleared under American papers.” I replied by telegram, (see
inclosure No. 2,) stating that the Virginius had produced American
papers at this consulate, and that she had been entered and cleared
as American. On the morning of the 7th, at 8 a.m, I received a note
from the colonial secretary, (see inclosure No. 3,) informing me
that his excellency the governor of Jamacia had telegraphed the
British consul at Santiago, suggesting a strong demand for
“suspension of execution, at least pending a formal trial, in the
case of all who claimed to be British subjects.”
Her Majesty’s steamer of war Niobe had been previously dispatched, on
the evening of the 6th instant, for Santiago, for the purpose of
protecting British subjects on board of the Virginius. At 10 a.m. on
the 7th I telegraphed Mr. Schmitt, (a copy inclosed, see inclosure
No. 4,) informing him that the Niobe had left, and requested him to
ask the commander to protect American interests connected with the
Virginius, in absence of any United States war-steamers. At 12 m. on
the 7th I telegraphed Commander Cushing, of the United States
steamer Wyoming, at Aspinwall, (see inclosure No. 5,) giving him
such facts as I was in possession of; also informing him that
Americans might require protection at Santiago. The Department will
observe that I left it entirely to the discretion of Commander
Cushing whether he would proceed to Cuba or not. On the 8th, more
information was received in Kingston as to shooting of certain
Americans in Santiago. I immediately telegraphed Commander Cushing
(see inclosure No. 6) to that effect, also informing him that
information was of such a character as to point to the necessity of
American steamers of war being at Santiago. On the afternoon of the
same day, the eighth, a telegram passed through this consulate, (see
inclosure No. 7,) from Commander Cushing to vice-consul at Santiago,
inquiring if the Virginius was captured on the high seas, and if the
lives of the captain and American crew were threatened; also
soliciting more facts. Having in my possession the information
required by Conpnander Cushing, I telegraphed them to him, (see
inclosure No. 8,) at the same time transmitting his telegram through
to Santiago.
On the morning of Sunday, the 9th, the consul’s reply to Commander
Cushing was received, (see inclosure No. 9,) but too late to be
forwarded by the Aspinwall cable, and it did not go forward until 10
a.m. on Monday, the 10th. On sending the telegram to Commander
Cushing, I telegraphed to Mr. Schmitt, at Santiago, informing him
that his telegram to Commander Cushing had not been transmitted
until 10 a.m. on that morning, and requesting further particulars
for transmission, (see inclosure 10.) To that he (Mr. Schmitt)
replied, (see inclosure No. 11,) informing me that he had no more
particulars to transmit since his last telegram. On the same evening
(the 10th) I received a telegram from [Page 1074] Commander Cushing, (see inclosure No. 12,)
instructing me that he was coaling, and would leave that evening or
early next morning.
On the morning of the 11th I received per French mail-steamer
Desirade a communication from Mr. Schtnitt, (see inclosure No. 13,)
giving particulars of the matter, and suggesting that I might
telegraph to St. Thomas for a United States steamer of war, which I
immediately did. (See inclosure No. 14.) To that I received a reply
on the same day, (the 11th,) informing me that there were none there
or in the neighborhood. (See inclosure No. 15.)
I answered Mr. Schmitt on the 13th by Her Majesty’s steamer
Wood-lark, which left here for Santiago on that evening.
The United States steamer Wyoming arrived here yesterday afternoon
from Aspinwall for coals, on her way to Santiago. Upon her arrival I
telegraphed Mr. Schmitt. She took on her supply of coals and left
again for Santiago at 10.30 a.m. this morning.
Capt. Joshua N. Rowe, of the American schooner Village Belle, of
Savannah, Ga., had informed me that he had been boarded by the
Spanish steamer of war Tornado on the 31st October, and that he had
not lost sight of her during the day, and again saw her and another
steamer chasing a steamer answering to the description given him of
the Virginius, and that he was then forty miles from Santiago,
steering for Jamaica—that was at sundown—and should the foremost
vessel have been captured at 10 p.m. on the night of the same day
she could not have been less than seventy miles from the coast of
Cuba. I informed Commander Cushing, who thought it important that
Captain Rowe should make a sworn statement, which I have taken, and
inclose a copy herewith. (See inclosure No. 16.)
The Department will see that I have used my best endeavors for the
protection of American lives in this matter, and I trust my action
herein will give satisfaction to the Department. The charges for
telegrams I will include in my quarterly miscellaneous-expense
account, or make a special account for them, as the Department
thinks fit.
Any other information that I may receive relative to the Virginius I
will immediately transmit.
I have the honor, &c.,
[Inclosure 1 in No.
5.]
Mr. Schmitt
to Mr. Nunes.
Steamer Virginius capture I; brought here. What is her
nationality if cleared under American papers?
[Inclosure 2 in No.
5.]
Mr. Nunes
to Mr. Young.
Virginius produced American papers at this consulate; entered and
cleared at consulate as American.
[Inclosure 3 in No.
5.]
Mr. Young
to Mr. Nunes.
10 p.m.
November 6,
1873.
Sir: With reference to the reported
capture of the steanship Virginius the governor desires me to
acquaint you that he has caused the following message to be sent
to the British consul at Santiago de Cuba:
“Governor of Jamaica does not believe, unless judicial
condemnation has taken [Page 1075] place, that Virginius is a pirate. If not a pirate the
shooting of any British subjects for being on board cannot be
lawful. British subjects may have been shipped here as crew or
passengers, and, as Virginius was not armed, and carried from
Jamaica no warlike munitions, they may have been ignorant that
the vessel was not peacefully bound for Limon Bay, for which
port she cleared. Governor suggests a strong demand for
suspension of execution at least, pending a formal trial, in the
case of all who claim to be British subjects.”
I have the honor, &c,
[Inclosure 4 in No.
5.]
Mr. Nunes
to Mr. Schmitt.
English war-steamer Niobe left for Santiago last night 7 o’clock.
In absence of American steamer ask her captain to protect
American interests connected with Virginius.
[Inclosure 5 in No.
5.]
Mr. Nunes
to Captain Cushing.
Intelligence has been repeived consignee that American steamer
Virginius was captured on the high seas by the Tornado on the
31st ultimo. Ryan, an American, shot; others expected to be
similarly treated. Niobe left here last night to protect British
subjects. I learn there is no American war-vessel in Santiago,
and therefore inform you, as it appears necessary to me that
American lives might require protection. Consul Santiago
telegraphed me, 5th, Virginius captured, carried there;
requested nationality. Please reply.
[Inclosure 6 in No.
5.]
Mr. Nunes
to Captain Cushing.
Americans taken in the Virginius have been shot at Santiago;
consul was not permitted to see them; strong letters have
passed; telegrams are subject to strict scrutiny; but
information is of such character as to point to the necessity of
American steamers; of war being at Santiago.
[Inclosure 7 in No.
5.]
Captain Cushing to Mr. Schmitt.
Was the Virginius captured in Cuban waters or on the high seas?
Are the lives of the captain and American crew threatened? Have
you telegraphed to the United States Government? I want more
facts.
[Inclosure 8 in No.
5.]
Mr. Nunes
to Captain Cushing.
Your telegram to consul Santiago seen by me. By schooner from
Santiago I learn Virginius captured in neutral waters. Americans
positively have been shot.
[Page 1076]
[Inclosure 9 in No.
5.]
Mr. Schmitt
to Captain Gushing.
Virginius captured on high seas, 31st October, ten o’clock night;
brought here 1st November, five o’clock, evening.
Four shot on 4th. Yesterday Captain Fry and thirty-six others,
mostly crew. Twelve this morning. No telegraphic communication
with the States or Havana. Wrote consul-general; no reply yet.
No American war-vessels about.
[Inclosure 10 in No.
5]
Mr. Nunes
to Mr. Schmitt.
Your telegram of Saturday to Cushing received Sunday, too late
for Colon cable. It goes forward at 10 this morning. Supply
further particulars for transmission with former telegram. Do so
at once.
[Inclosure 11 in No.
5.]
Mr. Schmitt
to Mr. Nunes.
No communications received from home, nor particulars since
last.
[Inclosure 12 in No,
5.]
Captain Cushing to Mr. Nunes.
Am now coaling; will leave to-night or early to-morrow morning
for Santiago.
[Inclosure 13 in No.
5.]
Mr. Schmitt
to Mr. Nunes.
Sir: Doubtless you are aware of all
that the Virginius, Captain Fry, crew, and passengers have gone
through; they have been captured at eighteen miles to Morant
Bay, at 10 o’clock, night, 31st October, brought here 1st
November, 5 o’clock, evening; confined, that nobody could
communicate with them; some one hundred and odd were brought to
prison; captain and crew kept on board the Spanish man-of-war;
trials were going on, as also condemnation, without admitting
that they were very desirous to see their consuls, which they
were always refused; no letters came to hand of any of them,
only a few moments before the Captain Fry and crew being
shot.
I would have been glad if his excellency the governor had let my
telegram to you through on the 2d Inst.; but refused, objected,
and detained the same until the 4th, evening, as you might have
had chance to send same abroad, inquiring either at Aspinwall or
St. Thomas of any American United States steamship of war, as I
supposed you have done with Wyoming, procuring to be furnished
with all information, which I have telegraphed to Captain
Cushing, and hope to see him soon here, as we have had no
communication with to Havana and the United States of America
only by steamer, and that three of the regular mail-steamers
been lost. Since only last Wednesday we came by the south to two
a week. One of them arrived last night, and did not bring any
letter from consul-general in answer to the event communicated
on the 2d; probably by the boat to arrive the 12th will
certainly hear and receive instructions, (as I have been acting
to my own knowledge and what my good friends informed me of.) I
was introduced to jail by the request of Captain Fry at 2
o’clock, 7th inst. Took his declaration and protest. Virginius
was captured on high seas, and will certainly create great
difficulties to the Spanish government, which they deserved.
Captain kept all energy to the last; was shot, and died like a
brave marine. Alfaro and great many others same. I do not wish
that this be published in any newspapers
Among the letters handed to me at the time of the execution and
after, herewith one for you from Fry, and another for Preseott.
He has also wrote to the President of the United States of
America, and several of his friends. I was shamefully received
by H. E., when having heard whilst O’Ryan in Capillo, night,
asked to see me, called [Page 1077] to have permit to see him in jail, as he
wanted to make his will, was refused, and had heard all his
exasperated cries so as to he heard from the square. All of
which, as also having set a guard of three soldiers at the door
of my residence, where I keep the United States consulate
office, half an hour previous before the cortege passed, as I
live little below the prison, all what is communicated to
consul-general Havana and Department of State.
I have the honor, &c,
E. G. SCHMITT,
Vice-Consul.
[Inclosure 14 in No.
5.]
Mr. Nunes
to Mr. Simmons.
Send war-steamer, if any at St. Thomas, immediately to Santiago;
Virginius captured, high seas, 31st October; captain and crew
executed 7th. Wyoming left Colon this morning for Santiago.
Reply.
[Inclosure 15 in No.
5.]
Mr. Simmons
to Mr. Nunes.
No war-steamers; nor in the neighborhood.
[Inclosure 16 in No.
5.]
Deposition of Joshua N. Rowe.
Joshua N. Rowe, of Rockland, Maine, after being duly sworn,
deposes and says that he is master of the American schooner
Village Belle, of Savannah, Georgia; that on the 27th day of
October, A. D. 1873, he anchored at St. Iago de Cuba. The
Spanish war-steamer Tornado anchored near his vessel. He sailed
on the 30th. During the night it was calm, and up to 9 a.m. 31st
October he had made about forty miles from St. Iago toward Port
Antonio, Jamaica. At 9 a.m. 31st October was boarded by a boat
from the Spanish war-steamer Tornado; inquired name of vessel,
and left him, (meaning the vessel.) The Tornado steered toward
the coast of Cuba, toward St. Iago. Deponent further declares
that between three and four o’clock on afternoon of 31st
October, Tornado still in sight, saw two other steamers. He then
saw that all three steamers were steering toward the coast of
Jamaica. The vessel ahead was a long low steamer, with two masts
and two chimneys, and all on board the said vessel pronounced
the one being chased to be the Virginius, from descriptions
given them of the said Virginius, and deponent knows that the
steamer astern of the one being chased to be the Spanish
war-steamer Tornado
They passed within three miles of deponent’s vessel, so that he
distinctly discerned one steamer ahead and two in chase.
Deponent declares that the watch on deck reported that they had
seen steamers returning to the coast of Cuba between two and
three in the morning of the 1st November, which he thinks were
the same steamers that passed him at sundown steering for the
coast of Jamaica. Deponent further declares that, from his
knowledge of navigation, if the steamer ahead was captured at 10
p.m. in the night she could not have been less than seventy
miles from the cost of Cuba.
The deponent makes this declaration to the best of his knowledge
and belief.
JOSHUA N. ROWE,
Master
Schooner Village Belle.
Sworn to before me this 14th day of
November, 1873.
