No. 177.
Mr. Bayard to Mr.
Becerra.
Department of State,
Washington, March 11,
1885.
Sir: I have the honor to inclose herewith for
your information a copy of a communication of the present date from the
Attorney-General, in which he inclosed a copy of a letter of the 10th
instant from Mr. Root,
[Page 233]
the
United States district attorney at New York, a copy of which is also
inclosed, respecting the detention at that port of the steamship Albano
for the purpose of further examination under section 5290 of the Revised
Statutes.
The Albano being a vessel of a regular line from New York, the detention
for the purposes mentioned will be brief. You are, therefore, requested
to furnish this Department, at the earliest possible moment, with such
further and more particular information as you may be able to give in
relation to the violation of the neutrality act by the steamship in
question.
Inclosed herewith you will also find a copy of the section 5290 of the
Revised Statutes under which the present detention for examination is
justified.
Accept, &c.,
[Inclosure.]
Mr. Garland to
Mr. Bayard.
Department of Justice,
Washington, March 11,
1885.
Sir: I have the honor to send you, for your
information, a copy of a letter of the 10th instant from United
States Attorney Root, New York, in relation to the steamer Albano,
which cleared that morning for a port in the United States of
Colombia, having arms upon her manifest. I respectfully call your
attention to the request of the attorney that he may receive, at the
earliest possible moment, such further and more particular
information as the minister of the United States of Colombia maybe
able to give, and shall be pleased to receive such information as
the Department of State may be able to furnish, that I may transmit
it promptly to the attorney.
Very respectfully,
A. H. GARLAND,
Attorney-General.
[Inclosure 1 in
inclosure.]
Mr. Root to Mr.
Garland.
New
York, March 10,
1885.
[Office of the United States attorney for the southern
district of New York.]
Sir: I have to-day received from you a
telegram, as follows:
“Washington, D. C.,
March 10, 1885.
“Elihu
Root,
“United States
Attorney, New York, N. Y.:
“Minister of United States of Colombia at this capital states
that parties are engaged in purchase of arms to carry on war
against his Government. Steamer leaves your port to-morrow
or next day. You are directed to immediately adopt stringent
measures to prevent any departure of warlike elements
intended to assist expeditions against Colombia.
“A. H. GARLAND,
“Attorney-General.”
I immediately sent to the collector of this port a letter, a copy of
which I inclose. I have received no reply from the collector. I have
also caused Special Agent Fox of the Treasury Department, who is
attached to this office, to make special inquiry upon the subject.
He informs me that the steamship Albano was cleared this morning for
a port in the United States of Colombia having arms upon her
manifest. He requested that the clearance be stopped and the vessel
not allowed to leave until further examination. The collector
informed him that he would comply with the request and report the
facts to me. I beg that I may receive at the earliest possible
moment such
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further and
more particular information as the minister of the United States of
Colombia may be able to give. Of course, the mere fact that a
steamer cleared for a port in the United States of Colombia having
arms among her cargo is no ground for interference. It is highly
improbable that the vessel in question, whether it be the Albano or
any other steamer, will correspond with the description of section
5290. The Albano I understand to be a vessel of a regular line. The
detention for the purpose of examination justified by section 5290
will accordingly be brief.
In order to take any further steps to prevent the arms from going
forth, I must have some facts which will establish a violation of
some provisions of the neutrality act. The case of the steamship
Florida, decided by Judge Blatchford in the district court in this
district in 1871, and reported in the 4th of Benedict District Court
Reports, 452, illustrates the difficulty of establishing violations
of law of this description.
Very respectfully,
ELIHU ROOT,
United States
Attorney.
[Inclosure 2 in
inclosure.]
Mr. Root to Mr.
Robertson.
New
York, March 10,
1885.
[Office of the United States attorney for the southern
district of New York.]
Sir: I have this day received from the
Attorney-General a telegram as follows:
“Washington, D. C.,
March 10, 1885.
“Elihu Root, United States Attorney, New York, N.
Y.:
“Minister of United States of Colombia at this capital states
that parties are engaged in purchase of arms to carry on war
against his Government. Steamer leaves your port to-morrow
or next day. You are directed to immediately adopt stringent
measures to prevent any departure of warlike elements
intended to assist expeditions against Colombia.
“A. H. GARLAND,
ttorney-General.”
I have to request that you will forthwith enforce the provisions of
section 5290, United States Revised Statutes, against any steamer
which is about to leave this port having on board arms, as indicated
by the telegram of the Attorney-General, and coming within the
provisions of that section, and that you will cause careful
examination to be made of such steamers as may possibly be indicated
by the information contained in the Attorney-General’s telegram, and
inform me as early as possible of any facts showing a violation or
intended violation of section 5283 United States Revised Statutes,
against the fitting out or arming of vessels to cruise or permit
hostilities against foreign states, or of section 5286 United States
Revised Statutes, against beginning, setting on foot, providing or
preparing means for any military expedition or enterprise against a
foreign state.
Very respectfully,
ELIHU ROOT,
United States
Attorney.
