Mr. Seward to Mr. Van Limburg.
Sir: In regard to the papers which you informally left with me yesterday while waiting for the instructions of your government, I have the honor to say that the President deeply regrets the conflict between the military authorities and the consulate of the Netherlands, which occurred at New Orleans just at the moment when preparations were being made for the restoration of order and the renewal of commerce.
The statements of the transaction which have been received show that Major General Butler was informed that a very large sum of money belonging to insurgent enemies was lying secreted in a certain liquor store in the city, and he very properly sent a military guard to search the premises indicated. The general says that it was reported to him that Mr. Conturié, who was found there, denied all knowledge of any such deposits, and claimed that all the property in the building belonged to himself personally. These repeated assertions of Mr. Conturié, of course, determined the general to proceed with the search. Mr. Conturié, at this stage of the matter, avowed himself to be the consul of the Netherlands, and pointed to the flag which he had raised over the door. He withheld all explanation, however, concerning the property for which search had been ordered, and protested against any examination whatever of the premises on the ground of the immunities of the consulate. He was thereupon detained, the keys of the vault were taken from his person, the vault was opened, and there was found therein $1800,000 in specie, and $18,000 of bonds or evidences of debt, certain dies and plates of the Citizens’ Bank, the consular commission and exequatur, and various title deeds and other private papers. All the property and papers thus taken were removed and placed for safe-keeping in the United States mint, and the transaction was reported by Major General Butler to the Secretary of War.
After the affair had thus been ended, the consul made written protests, in which he insisted that his detention and search were illegal, and that the specie and bonds were lawful deposits belonging to Hope & Co., subjects of the King of the Netherlands; and an agent of Hope & Co. has also protested to the same effect, and demanded that the specie and bonds shall be delivered to them.
The consul further denied that he had at any time claimed that the specie and bonds were his own. Major General Butler still insists that the deposits were fraudulent and treasonable, and were made with the connivance of the consul.
The President does not doubt that in view of the military necessity which [Page 626] manifestly existed for the most vigorous and energetic proceedings in restoring law, order, and peace to a city that had been for fifteen months the scene of insurrection, anarchy, and ruin, and in the absence of all lawful civil authority there, the consul of the Netherlands ought, in the first instance, to have submitted to the general the explanations which he afterwards made in his protest, with the evidences which he possessed, to show that the deposits were legitimate. If he had done this, and then referred Major General Butler to yourself or to this government, the President now thinks that it would have been the duty of the general to have awaited special instructions from the Secretary of War. The consul, however, preferred to stand silent, and to insist on official immunities, the extent of which he certainly misunderstood when he assumed that his flag or the consular occupancy of the premises entitled him, in a time of public danger, to an exemption from making any exhibition of suspected property on the premises, or any explanations concerning it.
Nevertheless, this error of the consul was altogether insufficient to justify what afterwards occurred.
It appears, beyond dispute, that the person of the consul was unnecessarily and rudely searched; that certain papers, which incontestably were archives of the consulate, were seized and removed, and that they are still withheld from him; and that he was not only denied the privilege of conferring with a friendly colleague, but was addressed in very discourteous and disrespectful language.
In these proceedings the military agents assumed functions which belong exclusively to the Department of State, acting under the directions of the President. Their conduct was a violation of the law of nations, and of the comity due from this country to a friendly sovereign state. The government disapproves of these proceedings, and also of the sanction which was given to them by Major General Butler, and expresses its regret that the misconduct thus censured has occurred.
The President has already appointed a military governor for the State of Louisiana, who has been instructed to pay due respect to all consular rights and privileges, and a commissioner will at once proceed to New Orleans to investigate the transaction which has been detailed, and take evidence concerning the title of the specie and bonds and other property in question, with a view to a disposition of the same, according to international law and justice. You are invited to designate any proper person to join such commissioner, and attend his investigations. This government holds itself responsible for the money and the bonds in question, to deliver them up to the consul, or to Hope & Co., if they shall appear to belong to them. The consular commission and exequatur, together with all the private papers, will be immediately returned to Mr. Conturié, and he will be allowed to resume, and for the present exercise, his official functions. Should the facts when ascertained justify a representation to you of misconduct on his part, it will in due time be made, with the confidence that the subject will receive just consideration by a government with which the United States have lived in amity for so many years.
I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.
Mr. Roest Van Limburg, &c., &c., &c.