I am informed, by a letter from Mr. Perry, United States consul, that the
Virginius went to sea on 26th May, escorted by the Kansas, and followed
out at a safe distance by the Spanish man-of-war Pizarro.
Captain White, like a prudent commander and good sailor, as he is, was
cleared for action, and there is no doubt, that if interfered with, the
Spanish navy would have lost a ship.
Mr. Perry has probably reported in full to the Department.
I earnestly hope that Congress may give the Navy ships enough to answer
our pressing necessities.
[Inclosure.]
Mr. Hurlbut to
Mr. White,
Sir: The Virginius, an American
merchant-steamer, lies in this port nearly ready for sea. It is
understood that the Spanish man-of-war Pizarro is watching her, and
her commander is believed to have orders to detain her in this port
or capture her in case of departure.
I have endeavored to ascertain definitely the offenses alleged to
have been committed by the Virginius. The only tangible matter
capable of proof appears to be that she ran the blockade of Cuba
with an armed party of Cuban revolutionists, and a cargo of
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munitions proceeding from
some port in Venezuela, and making a landing in the eastern
department of Cuba. This was during the past year.
The law, as I understand it, is, that although the ship during such
voyage was liable to capture, and could not and would not be
reclaimed by the United States, that such liability ceases when the
unlawful voyage has been completed, and that no taint attaches to
the ship which will in any way justify forcible seizure and
detention by Spanish cruisers.
In this state of affairs, if the ship presents herself in a neutral
port, with her papers in regular form, it cannot be permitted that
she should be captured in such neutral waters nor upon the high seas
for a past act of blockade-running. Especially is this to be
considered the rule in the waters of the Isthmus, for by treaty
between Colombia and the United States we guarantee the neutrality
of the isthmus and the sovereignty of Colombia over it,” and
Colombia more than a year since acknowledged the Cuban
revolutionists as belligerents.
It is expected by Mr. Perry, United States consul in this place, that
instructions will reach him by the next mail, on this question, or
perhaps earlier by the Wyoming. Those instructions, if received,
will remove all difficulty. If, however, they should not arrive
before your departure, it appears to me to be your duty, if I may be
permitted so to say, to see the Virginius clear of possible
interruption from the Pizarro, her papers being of course in
complete order.
I do not hesitate to say that the fact of the long detention of this
steamer in Colombian waters under surveillance of the Spanish navy
has injured our national reputation.
I do not admit it to be an offense against the neutrality laws of the
United States to charter a steamer for the purpose named, from
Venezuela to Cuba; it certainly is not an offense for which Spain is
entitled to capture the steamer except in the act. Nor is an
American to be forcibly detained in neutral friendly waters upon any
mere suspicion. When she is ready for sea, cleared in proper form,
she is entitled to the protection of the Navy from insult or
force.
For these reasons, in case no instructions arrive by the New York
steamer, nor by the Wyoming, from superior authority, I request you,
as the senior officer of the Navy present, to see that the Virginius
is not subjected to any unlawful exercise of force on the part of
the Pizarro. At the same time I recommend both to yourself and Mr.
Perry that she be not permitted to leave this port until after the
arrival at least of the New York steamer. The commandant of the
Pizarro states to me in a note that the Spanish government has
requested of the United States to send this steamer home for trial
before our courts, a request which will undoubtedly have been
granted if any basis has been shown for the request, and the answer
to which, if such request has been made, must be due by the next
arrival from New York.
As the captain of the Virginius has appealed to me for protection, I
feel compelled to give you my views as above, and to place the
affair where it properly belongs, in the hands of that service
wiiose paramount duty is the protection of American commerce.
I have, &c,
STEPHEN A. HURLBUT,
Minister Resident
United States of America.
