No. 209.
Mr. Fish to Mr. Bassett.
[Extracts.]
Department
of State,
Washington, January 3,
1872.
No. 90.]
Sir: With reference to the steamer Hornet, so
long detained at Port an Prince, and watched apparently with hostile
purpose by a Spanish man-of-war, I transmit a copy of a correspondence
between Mr. Mayorga, her owner, and the Secretary of the Navy, the
object of which has been to relieve the Hornet from the virtual blockade
to which she has been subjected. You will notice that Mr. Robeson offers
to send the frigate Congress to Port au Prince to convoy the Hornet to
Baltimore or New York. If, however, she should not be ready for sea
within a time specified, then Captain Davenport is to place officers and
a crew on board, who are to navigate her to her destination.* * You will
extend to Captain Davenport, a copy of whose orders is also herewith
inclosed, any facilities which may be necessary for the full and proper
compliance with them. It is hoped that the whole business may be
transacted smoothly and without obstacle from any quarter.
I am, sir, your obedient servant.
Mr Robeson to Mr.
Fish.
Navy
Department, Washington, January 3,
1872. (Received January 3.)
My Dear Sir: I send herewith copies of my
instructions to Captain Davenport, and accompanying papers.
If you have any instructions or dispatches to send by the Congress,
please send them to this Department to-day, that I may transmit them
without delay to Captain Davenport.
Yours, &c,
Mr. Robeson to
Captain Davenport.
Navy
Department, Washington, January 2,
1872.
Sir: The United States steamer Congress,
under your command, being reported as in all respects ready for sea,
yon will sail without a moment’s unnecessary delay after the receipt
of this order.
You will proceed with dispatch to Port au Prince, Hayti, where it is
supposed you Will find the steamer Hornet ready, under the agreement
made between this Department and her owner, Mr. J. M. Mayorga, to
sail to some convenient port of the United tates.
Copies of the letter from Mr. Mayorga, and the reply of the Secretary
of the Navy’
[Page 261]
with the
assent and agreement of Mr. Mayorga to the terms and conditions
thereof, under which you are to perform this special service, are
inclosed herewith.
You will observe and carry out the terms and times therein mentioned,
and will bring the vessel into such United States port, either New
York or Baltimore, as you may find most convenient.
The Department intrusts this duty to you with full confidence in your
ability and discretion.
You will, if it be possible, on your arrival at Port au Prince, put
yourself in communication with the diplomatic representative of our
Government at that place, show him your orders, and obtain from him
all advice and assistance he can give you.
You are authorized, to insure the carrying out of these orders, to
take such measures, not contrary to the express terms “of the
agreement, as you may deem proper, putting officers and a sufficient
force aboard the Hornet if necessary.
You will, of course, permit no interference with or insult to the
flag in your presence, and when you have taken general or special
charge of the Hornet, you will under no circumstances allow any
interference by the representative of any other power.
On your arrival in the United States with your convoy, telegraph to
the Department immediately, and hold yourself in readiness for such
further orders as may be sent you.
Very respectfully,
Mr. Mayorga to
Mr. Robeson,
New
York, November 29,
1871.
Sir: I beg respectfully to inform you that
I have received information from Port an Prince, Hayti, to the
effect that my steamer Hornet is closely watched and blockaded by a
Spanish man-of-war, whose officers have openly threatened to seize
her as soon as she leaves said port. Under these circumstances, and
as it now becomes necessary in the way of business for that vessel
to leave said port and to enter upon another voyage, I am compelled
to make you Known of the fact, that the conduct of the Spaniards is
alarment, and inflicts the same injury as an actual seizure of the
vessel, since it being prevented from leaving said port, she becomes
useless for trade, and entails, besides, making great and profitless
expenses.
I must, therefore, respectfully request you to inform me at an early
day whether I can rely on the protection of the American Navy to
enable the Hornet to leave Port au Prince, or whether, such
protection being refused, I am to be thrown on my next and only
available resource of giving up the vessel into the hands of the
Spaniards, and standing on my rights as an American citizen for the
enforcement of my claim for damages against Spain.
Trusting your honor will not misconstrue my expressions, I mean no
threatening nor disrespectful language. But your honor will readily
perceive the situation I am in, and being under the apprehension of
great pecuniary loss, I desire to know what is the status of my interest before the government so as to guide
my action.
It seems to me impossible that the United States Government can allow
this state of things to continue. The Spaniards, by abstaining from
an actual seizure of my vessel, seek to elude the interference of
the United States Government; by blockading her they inflict the
same, if not, as it may turn out, a greater injury. If this has no
redress, it will be to my advantage to abandon the vessel. An early
reply will oblige, sir,
Your obedient servant,
Mr. Robeson to
Mr. Mayorga.
Navy
Department, Washington, December 21,
1871.
Sir: Referring to your letter of the 29th
November, in regard to the steamer Hornet, and your personal
representations upon the same subject-matter, to the effect that
your only wish is that the vessel shall be allowed to proceed on a
peaceful and lawful voyage to the United States, but that you are
fearful of her seizure by Spanish cruisers in the event of her
attempting such voyage, I beg to say that while the Department is
not able, with the means at its command, nor willing, as a matter of
public duty, to detail a naval vessel merely for the purpose of
standing guard over and protecting your ship on all occasions and
under all circumstances when you may conceive her to be in danger,
yet, as you represent her now to be in effect blockaded “in the
harbor of Port au Prince, I am willing, if you are also willing and
consent to such action, to send a United States vessel of war to
Port au Prince to bring your steamer Hornet out of the
[Page 262]
harbor, and into some
convenient port of the United States, either Baltimore or New York,
as the commander of the United States ship may find most convenient:
provided your ship will be ready to sail from Port an Prince in
twenty-five days from this date, and the United States vessel be not
detained in that port on this duty more than three days beyond that
time, it being understood and agreed that if the Hornet be not in
all respects ready for sea at the date last mentioned, the commander
of the United States ship shall be authorized to put a sufficient
number of men and officers on board of her, and himself to bring her
to the United States as aforesaid, and that in any event the Hornet
shall be at all times, during the voyage from Port au Prince, and
until she is brought into the United States harbor as aforesaid,
under the general direction and control of the officer commanding
the United States ship for the purpose aforesaid, the United States
to assume no marine risks, however. This proposition is made to give
you direct and actual relief from the situation in which you claim
you are placed, and to remove your ship from its present position as
a possible cause of irritation between the United States and any
other power, but is in no way to operate as any release to the
Hornet or her owners from any obligations or liabilities to which
she or they may be legally subject or liable in the United States or
elsewhere.
Yours, &c,
I hereby agree and assent to this proposition, and all the terms
and conditions thereof.
J. M. MAYORGA.
December 21,
1871.
