Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Mr. Seward to Mr. Adams.
Sir: I have to acknowledge the receipt of your despatch of the 12th instant, No. 686, and its accompaniments relative to the suppression of the African slave trade. I cordially assent to the proposition of Earl Russell therein mentioned.
I give you, herewith, a copy of the papers respecting the Arguelles case.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.
The extradition of Colonel Arguelles.
Official Papers.
The President of the United States on the 1st instant communicated to the Senate, in answer to a resolution of that body, the following report from the Secretary of State and accompanying documents:
Mr. Seward to the President.
Department of State, Washington,May 30, 1864.
The Secretary of State, to whom was referred the resolution of the Senate of the 28th instant requesting the President to inform that body, “if he shall [Page 61] not deem it incompatible with the public interest, whether he has, and when, authorized a person, alleged to have committed a crime against Spain or any of its dependencies, to be delivered up to officers of that government; and whether such delivery was had; and, if so, under what authority of law or of treaty it was done,” has the honor to submit to the President a copy of the papers which are on file or on record in this department relative to the subject of the resolution.
By the act of Congress of the 15th of May, 1820, the African slave trade is declared to be piracy. By the ninth article of the treaty of 1842 with Great Britain, it is stipulated that, “Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave trade, the facilities for carrying on that traffic, and avoiding the vigilance of cruisers, by the fraudulent use of flags and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes, the parties to this treaty agree that they will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets are allowed to exist, and that they will urge upon all such powers the propriety and duty of closing such markets effectually at once and forever.”
There being no treaty of extradition between the United States and Spain, nor any act of Congress directing how fugitives from justice in Spanish dominions shall be delivered up, the extradition in the case referred to in the resolution of the Senate is understood by this department to have been made in virtue of the law of nations and the Constitution of the United States.
Although there is a conflict of authorities concerning the expediency of exercising comity towards a foreign government by surrendering, at its request, one of its own subjects charged with the commission of crime within its territory, and although it may be conceded that there is no national obligation to make such a surrender upon a demand therefor, unless it is acknowledged by treaty or by statute law, yet a nation is never bound to furnish asylum to dangerous criminals who are offender against the human race, and it is believed that if, in any case, the comity could with propriety be practiced, the one which is understood to have called forth the resolution furnished a just occasion for its exercise.
Respectfully submitted.
To the President.
CORRESPONDENCE.
Mr. Savage to Mr. Seward.
Sir: Over one thousand African negroes were brought to this city a few days since. It is reported that they were landed from a steamship (whose name and nationality are unknown) in the neighborhood of Cardenas, or Sagua. Very prominent and wealthy persons are said to be implicated in this business.
I have the honor to be, with great respect, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington.
The steamer was not captured. It is believed that she went to Nassau after landing the negroes.—T. S.
Mr. Seward to Lord Lyons.
My Lord: It appears, from information this day received from the consul general of the United States at Havana, that over one thousand African negroes were recently brought to that city. It is reported that they were landed from a steamship, whose name and nationality are unknown, in the neighborhood of Cardenas, or Sagua, and that very prominent and wealthy persons are said to be implicated in the business. The steamer was not captured. It is believed that she went to Nassau after landing the negroes. This intelligence has been communicated to the Navy Department.
I have the honor to be, with high consideration, your lordship’s obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.
Mr. Seward to Lord Lyons.
My Dear Lord Lyons: I have taken the President’s instructions upon the suggestion, communicated in your note of October 15, of Earl Russell concerning a joint or concurrent appeal to be addressed to the government of Spain for an amendment of her law which tolerates the bondage of imported Africans landed in Cuba after they have become in form the property of an owner of an estate in that island. If Earl Russell, with his large experience of this evil and of the difficulty of obtaining a correction of it, will prepare the draught of such a communication as he shall think may properly be addressed to the Spanish cabinet, the President will, with great pleasure, authorize me to communicate with the Spanish government in the same sense and spirit with those which shall be adopted by her Britannic Majesty’s government. I shall be thankful if you will inform Earl Russell that the President appreciates very highly the liberal and humane sentiments which have inspired the suggestion to which I have thus replied.
I am, my dear Lord Lyons, very truly yours,
Right Hon. Lord Lyons, &c., &c., &c.
Lord Lyons to Mr. Seward.
My Dear Sir: I did not fail to forward to Lord Russell a copy of the letter of the 28th November last, in which you did me the honor to inform me that if his lordship would prepare the draught of such a communication as might, in his opinion, properly be addressed to the Spanish cabinet, with a view to procure an amendment of the laws affecting the introduction of slaves into Cuba, the President of the United States would authorize you to communicate with the government of Spain in the same sense and spirit with those adopted by her Majesty’s government.
Lord Russell has desired me to thank you for taking the President’s instructions on this matter at a time when other pressing affairs must have occupied the [Page 63] attention of the Chief Magistrate. He has also authorized me to communicate to you the enclosed copies of a despatch from her Majesty’s minister at Madrid, and of a note in which, in execution of instructions from her Majesty’s government, that minister has pointed out to the government of Spain the measures which, in the opinion of her Majesty’s government, are required for the suppression of the Cuban slave trade.
Her Majesty’s government do not doubt that a similar representation addressed to the government of Spain by the United States minister at Madrid would have great weight with the Spanish cabinet, and they would learn with much satis faction that the United States representative had been directed to make a communication to the Spanish minister for foreign affairs in the same sense as that made by her Majesty’s minister in the note of which a copy accompanies this letter
Believe me to be, my dear sir, your very faithful, humble servant,
Hon. William H. Seward, &c., &c., &c.
[Enclosures]
The present captain general of Cuba has acted in good faith in carrying out the treaty obligations of Spain for the suppression of the slave trade, and the Spanish government appears to have hitherto approved the proceedings of that officer. The result has been that the number of slaves introduced into Cuba within the twelve months ended the 30th of last September is estimated at from seven to eight thousand, as compared with eleven thousand two hundred and fifty-four, the number introduced in the corresponding twelve months of the preceding year.
This diminution in the Cuban slave traffic would be satisfactory if it were not that it is mainly owing to the exertions of one individual alone, General Dulce, the present captain general of Cuba, who, it must be borne in mind, is liable to be removed at any moment, when, in all probability, the traffic would again resume its wonted vigor.
General Dulce complains bitterly of the want of sufficient power conferred upon him, and of the inadequacy of the provisions of the Spanish penal code for suppressing the Cuban slave trade; and if an officer so well disposed as is the present captain general of Cuba finds it impossible to put a stop to the importation of slaves into Cuba, it may easily be inferred that a less honorable officer would find ample excuses for the non-performance of his duties in this respect.
In order to put an end to the slave trade in Cuba, it is necessary that the Spanish government should take steps for amending the laws prohibiting the introduction of slaves into that island. The existing laws are admitted by the Spanish authorities to be insufficient for the purposes for which they were framed, and, until they are amended, the sincerity and good faith of the Spanish government will be liable to be called in question.
The 4th and 13th articles of the penal code only serve as a protection to the slave dealers. The former of these articles prohibits the seizure by the authorities of any newly imported slaves, no matter how notorious may have been the violation of the Spanish laws in introducing the negroes, if once the slaves have been conveyed to a property or plantation in the island.
The 13th article, on the other hand, provides that the legal punishment of slave dealers and their accomplices can only be inflicted in virtue of a sentence of the “Royal Audiencia Pretorial;” but in consequence of nearly the whole of [Page 64] the population of Cuba, as well as the subordinate authorities, being more or less mixed up and interested in the slave trade, it is impossible to procure evidence to convict the parties engaged in this traffic, and this article remains, therefore, entirely inoperative.
Eleven hundred slaves have, as is well known to the government of the United States, been recently seized by the captain general of Cuba after they had been successfully landed and conveyed to a plantation in that island. Attempts will doubtless be made to procure their restitution on the ground that they have been illegally seized by the captain general; but if one of these negroes is given up to the slave dealers, either by the orders of the Spanish government or by the decision of a judicial tribunal, her Majesty’s government trusts that the government of the United States will unite with her Majesty’s government ill addressing a serious remonstrance on the subject to the Spanish government.
[Untitled]
M. le Min’re: In conformity with the wish expressed” by your excellency’ in the conversation which I had the honor of holding with you on the 14th instant upon the subject of the slave trade in the island of Cuba, I proceed to particularize, in writing, those measures to which I allude as being, in the opinion of her Majesty’s government, calculated to put a final stop to that deplorable traffic, the adoption of which measures I am instructed to press upon her Catholic Majesty’s government.
As I had the honor of stating to your excellency, the government of the Queen, my mistress, have learned with extreme satisfaction, from the official reports of her Majesty’s consul at Havana, that a considerable diminution in the number of negroes illegally imported into Cuba within the year ending the 5th of September last has taken place as compared with former years, and also that a well-judged amelioration in the treatment of those legally held in slavery there has been encouraged by the authorities of her Catholic Majesty—a measure, as her Majesty’s consul remarks, which has happily combined a regard for humanity and a sensible increase in the productiveness of the plantations in which it has been adopted.
Her Majesty’s government have pleasure in recognizing the good will and activity displayed by the present captain general of Cuba, as well as the measure of his success, in checking the slave trade. It appears, however, that such are the temptations to unprincipled individuals to introduce slaves into Cuba, and such the facilities still afforded to them by the defects of certain parts of the Spanish laws regarding the subject, that without some modifications in these, his well-meant efforts must continue to fall short of their intended object.
The measures to which her Majesty’s government would call your excellency’s attention are:
1st. An enactment declaring slave trade to be piracy. This is a measure which has been adopted by many nations, including those* possessing large numbers of slaves. Its success has been signal in checking the slave trade in countries where it most prevailed. It has mainly contributed to free Brazil from the stigma attaching to this inhuman traffic, and that without any injury to her productiveness or material prosperity. Her Majesty’s government are not aware of any sound argument which can be alleged against this measure.
2d. A modification of the 9th and 13th articles of the Spanish penal code in force in the island of Cuba.
According to the former of these articles, the authorities cannot seize imported [Page 65] negroes when once they have been conveyed to a property or plantation, however notorious the fact of such violation of the law having been committed may be.
According to the latter, the legal punishment of slave traders and their accomplices can only be inflicted in virtue of a sentence by the Royal Audencia Pretorial. Now it is well known that the difficulty of producing evidence before this court is so great, that proof to convict those accused of such charges is seldom, if ever, obtained, however morally convinced the ruling authorities maybe of their guilt. It is true that the captain general has power to remove officers of whose “delinquency he feels certain, and it is true that the present Captain General Dulce, his predecessor, the Duke de la Torre, and others, have exercised this power in regard to certain flagrant cases; but how much more effective as regards public opinion, how much more satisfactory to her Catholic Majesty’s government would it be, that such punishment and degradation should result from a legal conviction, rather than from the exercise of a discretional power.
I believe that in stating that the experience of the Duke de la Torre, as well as that of General Dulce, have caused them to coincide in the opinion that the adoption of both the measures to which I have above adverted would be expedient and necessary for the final extirpation of the slave trade in Cuba. I am not overstepping the truth in bringing, however, these measures under your excellency’s attention. I feel confident that they will be submitted to the enlightened examination due to the intrinsic merits of the great end they are meant to forward, and also with the most friendly disposition on your excellency’s part to set at rest forever a serious and painful matter of discussion between the governments of Great Britain and Spain.
I avail, &c., &c.
His Excellency the Marquis de Miraflores, &c., &c.
[Untitled]
My Lord: In conformity with the instructions contained in your lordship’s despatch of the 12th ultimo, I did not fail to express to the Marquis de Miraflores the gratification of her Majesty’s government at the diminution of the slave trade, and the amelioration in the treatment of slaves in Cuba, reported by her Majesty’s acting consul general in his despatch to your lordship of September 30.
I said that it was satisfactory to know that these improvements resulted from the determination of the present captain general; and on the Marquis de Miraflores replying that General Dulce, by the manner in which he had acted, had faithfully carried out the wishes of her Catholic Majesty’s government, I observed that, such being the case, I could feel no doubt that his excellency would take into serious consideration two measures, which appeared to her Majesty’s government, and, indeed, to all persons acquainted with the subject, were wanting to enable that officer, who does not lack the will, to put a stop at once to the importation of slaves into Cuba, and to realize a wish which his excellency had so often concurred with me in expressing, that the serious and painful question which was continually recurring between the two governments in regard to this matter should be forever set at rest.
The two measures I alluded to were, I said: 1st. An enactment declaring the slave trade to be piracy; 2d. The modification of the penal code in force in Cuba, and particularly of the 9th and 13th articles.
With respect to the first of these measures, I observed that its efficacy had been shown in the case of Brazil, and no reasonable objection had ever been alleged against it by the Spanish government.
[Page 66]With respect to the second, the 9th and 13th articles of the code acted as a protection to the slave traders, and defeated the intention of the law and the well intended efforts of the Spanish superior authorities. The Marquis of Miraflores promised that he would take these matters into consideration, and assured me that good will on his part would not he found wanting to do all that was possible to put an end to the slave trade.
As I had referred to particular articles of the penal code, be requested me to address him a note, in which they should be particularized, in order that he might be able at once to direct his attention to the points to which her Majesty’s government alluded.
I have consequently, in the note of which I have the honor to enclose a copy, pointed out to the Marquis de Miraflores the effect of the articles 9 and 13 of the code, which are clearly stated in Mr. Crawford’s report No. 12, of September 30, 1861, enclosed in your lordship’s of that year.
I have, &c,
Earl Russell.
Lord Lyons to Mr. Seward.
Sir: I hastened to communicate to her Majesty’s government the note dated the 21st instant, (28th November last,) in which you did me the honor to inform me that you had learned from the United States consul general at Havana that more than one thousand recently imported African negroes had been brought to that city.
Her Majesty’s government had already received intelligence of a steam vessel having left the African coast with a cargo of upwards of 1,100 slaves on board, and also of these slaves having been landed in Cuba. They have since been informed by her Majesty’s consul general at Havana that eleven hundred and five of the newly imported slaves have been seized by the captain general of Cuba.
Her Majesty’s government are not at present acquainted with the particulars relative to the vessel from which the slaves were landed, but they will take measures to discover, if possible, the name of the vessel and the parties implicated in her proceedings, and they will be very much obliged if the government of the United States will communicate to them any information on the subject which the United States authorities may be able to furnish.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c, &c.
Mr. F. W. Seward to Mr. Savage.
Sir: Your despatches from No. 116 to 118, both inclusive, have been received. Referring to your despatch No. 110, relating to the landing of certain negroes from Africa, I have now to transmit herewith a copy of a note from Lord Lyons, from which you will perceive that the government of Great Britain desires further information in regard to the name of the vessel and the parties implicated [Page 67] in her proceedings. You will have the goodness, therefore, to endeavor to obtain such further information as you can, and communicate it to this department.
I am, sir, your obedient servant,
Thomas Savage, Esq., United States Vice Consul General, Havana.
Mr. Seward to Mr. Koerner.
Sir: By the 9th article of the treaty of Washington of the 9tb of August, 1842, between the United States and Great Britain, it is stipulated that the parties will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets (for African negroes) are allowed to exist, and that they will urge upon all such powers the propriety and duty of closing such markets effectually at once and forever.
Spain is believed to be the only Christian state in whose dominions African negroes are now introduced as slaves. She has a treaty with Great Britain stipulating for the suppression of that traffic. The instrument was concluded at a time and under circumstances which, as it seems to us, imposed a peculiar weight of moral obligation on Spain to see that her stipulations were carried into full effect. It is understood, however, that the just expectations of the British government in that respect have been signally disappointed. This has, no doubt, been mostly owing to the fact that a great part of the public revenue of Spain has hitherto been derived from Cuba, the prosperity of which island has in some quarters been erroneously supposed to depend upon a continued supply of imported slave labor. This is believed to be the source of the disregard by Cuban slave-dealers of the humane policy of the home government, and the alleged inefficiency at times of the colonial authorities.
We have no treaty with Spain on the subject of the slave trade, but as the aws of the United States characterized it as piracy long before our treaty with Great Britain above referred to, we think ourselves entitled to consider that trade an offence against public law, so far as to warrant our faithful compliance with the stipulation contained in that treaty. Herewith I transmit a copy of an informal note on this subject, of the 4th instant, addressed to me by Lord Lyons, and of the papers to which it refers. From these it appears that though the number of Africans introduced into Cuba is diminishing, yet that the municipal laws in force there require amendment before a stoppage of the traffic can be expected. The peculiar relations of Great Britain to Spain, with reference to this topic, may justify to the full extent the text of the note of Sir John Crampton to the Marquis of Miraflores. The relations of the United States to Spain, however, are of a different character, but the President authorizes and directs you to address a communication in general terms to the Spanish minister for foreign affairs setting forth the treaty stipulations between the United States and Great Britain on this subject, and stating that it would afford the utmost satisfaction in this country if any obstacles existing in Cuba to the complete suppression of the African slave trade should be removed.
I am, sir, your obedient servant,
Gustavus Koerner, Esq., &c., &c., &c., Madrid.
Mr. Seward to Lord Lyons,.
My Dear Lord Lyons: I have the honor to acknowledge the receipt of your note of the 4th instant, communicating the copy of a despatch from her Majesty’s minister at Madrid, and of a note framed under the instructions of her Majesty’s government, pointing out to the government of Spain the measures which, in the opinion of her Majesty’s government, are required for the suppression of the Cuban slave trade.
In reply, I have the honor to acquaint you that, in conformity with the suggestion contained in your note, the minister of the United States at Madrid has been instructed to address to the Spanish minister for foreign affairs a representation in the same sense as that made by her Majesty’s minister in the note above referred to.
I am, my dear Lord Lyons, very truly yours,
Right Hon. Lord Lyons, &c., &c., &c.
P. S.—I enclose a copy of my instruction to Mr. Koerner.
[Extract]
Mr. Koerner to Mr. Seward.
* * * * *
Some time previous to the receipt of your last, Sir John Crampton had called upon me, and had explained the grounds and the object of the remonstrances which his government had felt itself compelled to make to the Spanish government respecting certain failures in the proper execution of treaty stipulations existing between Great Britain and Spain as to the suppression of the slave trade. He also informed me of the President’s promises to support the British reclamation, according to the Washington treaty. Subsequent to the receipt of your despatch upon that subject, I had another interview with Sir John, in which he informed me of the conversation and the correspondence which he had already had with the minister of state on the question, and of his prospects of success.
In pursuance of your despatch, I have addressed a note to Senor Arrazola, the minister of state, a copy of which I have the honor to enclose. I have also furnished a copy to Sir John. * * * * * *
I have the honor to be, your most obedient servant,
Hon. William H. Seward, Secretary of State, Washington.
[Untitled]
Sir: The subject of suppressing the inhuman African slave trade has been one of deep anxiety to the government of the United States from the time of its [Page 69] foundation. The United States have been among the first of nations, if not the first, that have denounced this traffic in human beings as piracy, and have visited their own citizens implicated in it with the severest penalties. At very heavy pecuniary sacrifices, and at the risk of the lives of their own naval officers and seamen, they have for more than twenty years supported a squadron on the western coast of Africa, in a most destructive climate, in order to prevent the successful carrying on of this nefarious trade. They have, with a like view, entered into stipulations with her Britannic Majesty in the year 1842, contained in what is called the treaty of Washington, the 9th article of which is as follows:
(Here follows the article entire.)
The attention of the President of the United States has lately been directed to certain difficulties which have presented themselves, and which appear to prevent a complete suppression of the slave trade in the colonial possessions of her Catholic Majesty, and more especially in the island of Cuba, which difficulties do not arise from any desire of the Spanish colonial authorities to favor the said trade. It is well known that the efforts made by the captain general of that island correspond entirely to the wise and humane policy which the home government of her Catholic Majesty has adopted in regard to the subject in question, and which is thoroughly appreciated by the President and the people of the United, States.
The difficulties spoken of seem to be inherent in the laws and regulations in existence, which are supposed to give room to interpretations by which their force may be evaded.
In view of the general policy of the United States, which looks upon the African slave trade as an offence against the public law of nations, and has denounced it as piracy; in view, also, of the treaty stipulations existing between them and the government of her Britannic Majesty, the President of the United States has instructed me to respectfully call the attention of her Catholic Majesty’s government to this subject, and to suggest such a revision of the existing laws and regulations concerning the unlawful introduction of slaves into the island of Cuba as will best accomplish the object which her Majesty’s government had in view when those laws and regulations were enacted.
It is hardly necessary for the undersigned to assure your excellency that these suggestions arise from the purest motives, and would not have been made unless the President had considered the very friendly and cordial relations existing between the United States and Spain as justifying this application, and had he not been bound to another friendly nation by engagements which it is his duty as well as his pleasure to carry out faithfully.
It is almost equally unnecessary for me to inform your excellency that it would afford the utmost satisfaction to the President and the people of the United States if any obstacles existing in the island of Cuba to the complete suppression of the African slave trade should be removed by the considerate action of the government of her Catholic Majesty.
The undersigned takes great pleasure to assure, &c., &c., &c.
His Excellency Senor Don L. Arrazola, Minister of State of her Catholic Majesty.
Mr. Savage to Mr. F. W. Seward.
Sir: In reply to your despatch of the 5th ultimo, accompanying a copy of a note from Lord Lyons of the preceding date, I have to state that, not with [Page 70] standing the most diligent inquiries among my friends, I nave been unable to ascertain the name of the steamer that brought the large lot of African negroes (upwards of a thousand) captured by the Spanish authorities These negroes were landed in the district of Colon, on the south side of this island. The steamer had been originally English, came from England to Cadiz, where she was put under Spanish colors, fitted out for the slave trade, and cleared ostensibly for a lawful voyage to Fernando Po, a Spanish island on the coast of Africa.
The negroes were captured on shore by the lieutenant governor of the district, and I am confidentially informed that the steamer proceeded again to Africa for another load of the same kind, the necessary stores having been placed on board immediately on the discharge of her cargo. It is said that Don Julian Zulueta, Don Salvador Sania, Marquis of Marianao, the brigadier Garcia Munoz, and other prominent persons, among whom General Concha is mentioned, were interested in that expedition.
Several slave expeditions have been landed for the same parties, but two besides the above have been captured, one of about six hundred negroes, and the other of about two hundred, most of the cargo of this latter having been landed, and the vessel conveying them has the appearance of being English-built. Don Jose Carreras, a partner of Mr. S. Sania, has been for some time past in confinement, charged with being implicated in these violations of law. Should any further trustworthy information reach me I will not fail to transmit it at the earliest opportunity.
I am, sir, with great respect, your obedient servant,
Hon. F. W. Seward, Assistant Secretary of State, Washington, D. C.
Mr. Seward to Lord Lyons.
My Lord: Recurring to your note of the 4th ultimo, respecting the arrival in Havana of a thousand imported negroes, in which the desire of her Majesty’s government for any information on the subject is signified, I have the honor to enclose a copy of a despatch of the 5th instant from the United States consul general at that port which relates to the matter.
I have the honor to be, with high consideration, my lord, your obedient servant,
Right Hon. Lord Lyons, &c., &c, &c.
Mr. Savage to Mr. Seward.
Sir: I have just returned from an interview had with the captain general by his request, the object of which was to ascertain if the United States authorities can return to this island the person of an officer of the. Spanish army named [Page 71] Don José Agustin, Arguelles, who is believed to be in New York. This officer was, in November last, the lieutenant governor of the district of Colon, in this island, that effected the capture of the large expedition of African negroes reported by me to the department on the 20th of November last, despatch No. 107. The government was highly pleased with his zeal, and paid him fifteen thousand dollars for his share of the prize money usually allowed to captors of such expeditions. The officer subsequently obtained a leave of absence of twenty days, upon his representation that the object of his journey to New York was to purchase the Spanish journal there published, called La Croniea, has not returned, and since his departure it has been discovered that he and other officers of the district of Colon retained and sold into slavery one hundred and forty-one of the negroes captured by them. Some of these negroes were sold at seven hundred dollars, and others at seven hundred and fifty dollars, each.
The superior court of the island, having exclusive jurisdiction over such causes, has taken cognizance of this case, and requires the presentation of Don Jose Agustin Arguelles before it, to insure the prompt liberation of these one hundred and forty-one victims. The captain general gave me to understand that without Arguelles’s presence it would be very difficult, and at all events it would require a long time, to attain that humane object. His excellency pronounced Arguelles to be a scoundrel, worse than a thief or highwayman, inasmuch as he took advantage of his position as the local authority to commit that outrage, with little risk to himself.
I told the captain general that in the absence of an extradition treaty between the two governments, or of any law, public or municipal, authorizing the rendition, our government could not grant the request, but promised to lay the matter in this confidential way before you, which he desired me to do by the earliest opportunity.
I beg of you to consider the subject, and to advise me at an early day of your views thereupon.
I have the honor to be, with great respect, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington.
Mr. Tassara to Mr. Seward.
The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has received information of the arrival in this country of an officer of the Spanish army, named Bon Jose Agustin Arguelles, escaped from the island of Cuba, under the charge of having sold negroes into slavery.
The circumstances of the case seem to be as follows: The above-named officer was, in November last, lieutenant governor of the district of Colon, and effected, whilst in this capacity, the seizure of a large expedition of African negroes. The government, pleased with his zeal, paid him a large sum as his share of the prize money usually allowed to the captors of such expeditions. The officer subsequently obtained a leave of absence of twenty days to proceed to New York, upon representing that the object of his journey was to purchase a Spanish journal published in that city, but since his departure it has been discovered that he and other officers of the district of Colon retained and sold into slavery one hundred and forty-one of the negroes captured by them. The [Page 72] superior court of the island, having exclusive jurisdiction over such causes, has taken cognizance of this case, and requires the presence of Arguelles before it to insure the prompt liberation of the one hundred and forty-one victims. Without such presentation it would be very difficult, and at all events it would require a long time, to attain that humane object.
The undersigned is well aware that no extradition treaty exists between the United States and Spain, in virtue of which the surrender of Arguelles to the authorities of Cuba might be obtained. Yet considering the gross and scandalous outrage which has been committed, as well as the interests of humanity at stake in the prompt resolution of this matter, he has not hesitated in submitting the case in this confidential way to the consideration of the United States government, in order to ascertain whether an incident so exceptional could not be met with exceptional measures.
The undersigned has been the more induced to take this step, that he has good reason to believe a similar application to have been made also in a confidential form by the captain general of Cuba.
The undersigned avails himself of this occasion to renew to the honorable Secretary of State the assurances of his highest coosideration.
Hon. William H. Seward, &c., &c., &c.
Mr. F. W. Seward to Mr. Savage.
Sir: Your despatch No. 136 has been received, in which you call attention to the case of Don Jose Agustin Arguelles. I am instructed to inform you that if the captain general will send to New York a suitable officer, steps will, if possible, be taken to place in his charge the above-named individual for the purpose indicated in your despatch. You will immediately communicate the purport of this instruction, in confidence, to the captain general.
I am, sir, your obedient servant,
Thomas Savage, Esq., Vice Consul General of the United States, Havana.
Mr. Seward to Mr. Tassara.
Sir: In acknowledging the receipt of your confidential communication of the 5th instant, I have the honor to inform you that the consul general of the United States at Havana has been instructed to state to his excellency the captain general of Cuba, that if a suitable officer be sent to New York, such steps as may be proper will be taken to place in his charge, for the purpose indicated in your note, the Spanish officer Don Jose’ Agustin Arguelles.
Be pleased to accept the renewed assurance of my very high consideration.
Senor Don Gabriel Garcia y Tassara, &c., &c., &c., Washington.
Mr. Savage to Mr. Seward.
Sir: I have the honor to acknowledge the reception of despatches from the department, Nos. 70 to 77, both inclusive. I also received yesterday the despatch No. 79, signed by F. W, Seward, Assistant Secretary, and immediately communicated the purport thereof, in confidence, to the captain general. He had likewise a despatch from the Spanish minister at Washington, advising him of the interview he had had with you on the subject of the rendition of the Spanish officer, Don Jose Arguelles. His excellency was very much pleased, and very warmly expressed his thanks to me for the promptness with which I had attended to his request in this matter. He read me the Spanish minister’s letter, and said that he would send a proper officer to perform the service, who will probably proceed to New York by the steamer Columbia on Monday next, and, on arrival, immediately repair to Washington and place himself under the direction of the Spanish minister.
In this connexion I deem it proper to make known to you that the captain general is under the impression that Arguelles will be surrendered as accused of crime, to be subjected to trial here, in which case, from what I can learn, he will certainly be convicted and sentenced to the chain-gang, which will be the fate of the curate of Colon and three or four others who were accomplices, aiders, and abettors of Arguelles in the nefarious business. I did not say anything to his excellency to the contrary, not feeling authorized to do so.
The one hundred and forty-one negroes sold into slavery by Arguelles, as alleged, were represented by him and his accomplices as having died of disease after landing, and the curate of Colon is charged with having made a new register of deaths, wherein those supposed deaths were inserted. This new register supplanted the regular one, which the captain general says Arguelles took away, and now has in his possession. Conclusive evidence of this fact is before the court.
I have the honor to remain, with great respect, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington.
Supreme civil government of the ever-faithful Island of Cuba, political department.
Your Excellency: In reply to your communication dated 15th instant, (No. 19,) I have to say to you that it is convenient that the individual mentioned in your aforesaid communication, to which I have the honor to reply, be placed on board the vessel coming immediately to this place, and the persons who are pointed out in the margin of this letter will take charge of him.D. Aristides de Santales, Comandante grado Cap. de Infa. de este Ej‘to. Dulce.
I ask you to make known to his excellency, Secretary Seward, how much I thank him for his co-operation in this affair, because by it he assists the exposure and punishment of a crime totally distinct from any political matter, the result [Page 74] of which will be that more than two hundred human beings who are groaning in slavery will owe to his excellency the recovery of their freedom.
God save your excellency many years.
His Excellency the Minister of Spain at Washington.
Supreme civil government of the ever-faithful Island of Cuba.
Most Excellent Sir: My aide-de-camp, with the person expected, arrived in the steamer Eagle. I request your excellency to render thanks in my name to Mr. Seward for the service which he has rendered to humanity by furnishing the medium through which a great number of human beings will obtain their freedom, whom the desertion of the person referred to would have reduced to slavery. His presence alone in this island a very few hours has given liberty to eighty-six.
I also render thanks to your excellency for the efficiency of your action.
God preserve your excellency many years!
His Excellency the Minister of Spain at Washington.
Mr. Savage to Mr. Seward.
Sir: In consequence of my temporary illness previous to the sailing of the steamship Eagle from this port for New York, I was unable to inform you of the arrival in Havana, per same steamer from New York, of the late lieutenant governor of Colon, Jose’ Agustin Arguelles. He arrived here at about eight o’clock at night, accompanied by the captain general’s agent and two United States deputy marshals. He was immediately lodged in jail, and was next morning conveyed to Moro Castle, where he still remains. Various rumors were put in circulation on his arrival, which created considerable excitement. One rumor obtained great circulation, that he had been kidnapped from New York, and that the captain general intended to condemn him to the chain-gang.
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Hon. William H. Seward, Secretary of State, Washington.