No. 502.
Mr. Pile to Mr. Fish.

No. 50.]

Sir: The steamer Virginius under the United States flag arrived at Puerto Cabello about May 16. On her arrival I was notified by the United States consul at Puerto Cabello that the commander of the Spanish man-of-war Arapiles threatened to capture the Virginius and sink her. I was also informed by the minister of foreign relations (see inclosure A) that the Venezuelan authorities had been asked to detain the vessel. Under these circumstances I instructed the consul as set forth in my answer to the note of Minister Guzman, (see inclosure B.)

On the 24th of May the United States steamer Shaw unit arrived at La Guaira from Ciudad Bolivar. Captain Potter, commanding the Shawmut, after visiting this city and conferring with me, proceeded with the Shawmut to Puerto Cabello, intending to convoy the Virginius to the high seas in case she desired to depart from that port.

Mr. Manuel Quesada, who in some way represents the owners of this vessel, is here endeavoring to negotiate a sale to the government of Venezuela. If he succeeds, this will relieve the United States authorities from any further trouble in protecting the Virginius. If the sale is not made and no instructions are received from the United States in reference to the Virginius, she will be allowed to leave Puerto Cabello upon any legal voyage whenever her captain desires to do so, and in case she is molested in or near the waters of Venezuela, the necessary protest will be made and the facts reported to the Government.

I have, &c.,

WM. A. PILE.
[Inclosure A in No. 50.—Translation.]

Mr. Guzman to Mr Pile.

Sir: By reason of the arrival of the steamer Virginius at Puerto Cabello, Mr. Cologan, encharged ad interim of the Spanish legation, has inclosed to me copy of a note of the commander of the Spanish war-frigate Herona, anchored in La Guaira, with the principal object that the government should detain or embargo the Virginius in [Page 716] the port in which she is now anchored in order to prevent her departure until the maritime squadron of his flag, that is now in the same waters, shall receive orders and instructions from the government of Madrid on this particular case.

Venezuela desires, as is just and regular, in all her relations with the government of His Catholic Majesty, always to fulfill with fidelity the treaties that bind the two governments, but in according the detention or embargo of the Virginius, the government ought to attend with the same spirit of loyalty to its compromises with the Government of the United States of America; and as your excellency has pleased to inform me in personal conference to-day that you had already given orders and instructions to the North American consul in Puerto Cabello, in reference to the detention and departure of the Virginius, in her quality as a ship under the American flag, it is my duty to direct this note to your excellency, to prevent all collision between the resolutions of the government and the orders which your excellency has given, avoiding in this manner all contradiction from which a question could arise with the Government of your excellency, whose friendship this republic appreciates as much as it owes to that of His Catholic Majesty.

I hope that your excellency in reciprocity to these sentiments will please inform me of these orders and instructions which will be the expression of your views in the matter.

Accept, your excellency, the protestation of my most high consideration.

ANTONIO L. GUZMAN.
[Inclosure B in No. 50.]

Mr. Pile to Mr. Guzman.

Sir: I have the honor to acknowledge the receipt of the note of your excellency of this date, stating that in consequence of the arrival of the steamer Virginius at Puerto Cabello, and certain representations made to your excellency by the commandante de la fragrata Espanola la Gerona, and Mr. Cologan, in charge of the Spanish legation, in reference to said steamer, and in order to avoid all collision between the government of Venezuela and any instructions I may have given to the consul of the above-named port, your excellency is pleased to ask to be informed of the character of such orders and instructions.

In reply I have the honor to state that the United States consul at said port reports to me that the Virginius is an American steamer, with all her papers in perfect and legal order, and he is consequently instructed as follows:

1st.
That in case any attempt is made to capture her at that port, or within Venezuelan waters, he is to protest against such attempt and ask the protection of the authorities, civil and military, at that port for said steamer.
2d.
That if the said steamer Virginius desires to leave the port of Puerto Cabello upon a legal and regular voyage, without any evidence that she has on board articles “contraband of war,” or intends any illegal act against the government of Spain, he is to give his consent (so far as that is required) and ask the consent of the local authorities for her departure.
3d.
That because of representations in relation to, and accusations of illegal intensions made against this steamer, he is to exercise due care not to give his sanction nor ask the protection of the local authorities, nor their consent for her departure from that port carrying articles “contraband of war,” designed for the revolutionists in Cuba, nor upon any illegal expedition to said island.

I have the honor to renewto your excellency the assurances of my high consideration.

WM. A. PILE.