Mr. Powell to Mr.
Hay.
Legation of the United States,
Santo Domingo City, October
30, 1903.
No. 629, San Domingo Series.]Sir: I have the honor to inform the Department
that the agent of the Clyde Steamship Company, Mr. L. Pardo, appealed to
our legation, stating that this Government demanded that the Cherokee discharge her cargo for the ports of
Puerto Plata and Samana here; that the captain had refused to do so, as
the Government did not offer a guaranty to secure the Clyde Company from
loss if claims should be made by the consignees for goods on the vessel.
I went immediately to the palace and requested of the minister an
audience with the President, which was granted. I requested to be
informed of the order that had been issued to the captain of the Cherokee. The President stated that the above
ports being in insurrection, he thought it best to have the goods
deposited here, as it would deprive the insurgents of provisions, and
this would bring them to terms.
I requested to know if he thought that there were either arms or
ammunition on board. He stated that he did not know; that there were
provisions and an assorted cargo consisting of miscellaneous articles. I
requested to know what disposition would be made of these goods when
landed, and what did the Government propose to cover this company
against loss arising from suits that they would incur from not landing
these goods at their destinations.
The President replied that they would sell the provisions and retain the
other part of the cargo in the custom-house. I then asked him if this
was all they proposed to do to cover the damages that this company would
have to bear. He replied that he supposed that there would be some
damages to pay, but this would come up later.
I then informed him that officially my legation had not been informed
that an insurrection was in existence, and that other legations had
informed me that they had not been so informed; that this being the
case, these places being, regular ports of call, they had the right to
enter; that I had been informed also that as the vessel was off Puerto
Plata she was ordered not to enter by a Dominican gunboat, while a
German vessel was allowed to enter and to load and unload; that as she
was nearing Samana she was again stopped by two shots passing before her
bow, and that the minister of war had given to the captain a written
order not to stop at Macoris, but that he must proceed at once to this
city.
I then informed the President that I was not aware that any portion of
this territory was in blockade; such a fact had not been notified to us,
and that this Government could not at will close the ports of
[Page 397]
this Republic to the commerce
of the world without due and timely notice, nor could this Government
institute a blockade simply by publication, but that it must be
effective with a sufficient physical force to prevent vessels from
entering, and that such force must be constant. I stated that I was
informed that there was not such force there; both of their vessels of
war at this time being in the Ozama River. I did not want to embarrass
his Government, but my friendship to him could not conflict with my
duty, and I suggested to him that it would be wise to rescind the order,
as it might possibly lead to grave trouble, as I should insist that this
vessel must return and be allowed to land her cargo at those places
where she had been forcibly prevented.
The President then informed me that he could not rescind the order. I
then stated—
Then, Your Excellency, there is but one course open to you to take. I
shall direct the captain to proceed to those places to land this cargo,
and you will either have to sink her or capture her, and when you do so
you will accept all future responsibility for your action.
The President replied he would not accept the responsibility, but he
would see the agent and captain and see if he could not come to some
arrangement. I informed him I would be glad if he could; but if he could
not I insisted that this vessel must be freely allowed to go to all her
ports of sailing unmolested. Our interview ended.
Later in the day the agent and captain came to our legation again,
stating that unless she landed the goods they would not allow her to
leave for Azua, her next port. I requested the agent to send a protest
to the minister of finance, and I wrote to the minister of foreign
relations, stating we could not recognize the right to compel the vessel
to discharge the cargo.
Later in the afternoon (October 30) the captain and agent returned to the
legation, stating that the Government had given to them clearance
papers, but refused to allow a pilot to go aboard and take the vessel
out of the harbor until the cargo to those cities had been placed on the
wharf. I asked the captain if he was well enough acquainted with the
channel to take his vessel out without danger. He informed me he could.
I then told him to signal for pilot, and after waiting a reasonable time
to take his vessel out. The captain asked if that was my instruction. I
informed him it was. He replied: “I will do it.”
On his return to the ship he signaled for a pilot. One came. After he was
on board the harbor master made him return. The captain ordered the
lines cast off and took the vessel safely out.
I understand to-day, on her return trip, she will be denied clearance
papers unless she discharges her cargo, and that if she proceeds to
Samana or Puerto Plata they will prevent entrance. If captured, an
attempt will be made to sink her. This latter statement I can say to the
Department I do not believe. I trust I have acted in accordance with the
views of the Department.
I have, etc.,
[Inclosure 1.]
Mr. Par do to
Mr. Powell.
Santo Domingo, October 30, 1903.
Sir: I beg to inform you, having received a
communication from the minister of finance informing me, that the
Government has decided that the cargo on board the
[Page 398]
steamship Cherokee, of the Clyde Line, shall discharge at this port
the cargo on board for Samana and Puerto Plata, cargo which she was
prevented from landing at ports of destination, she having been
prevented from entering these ports by the Dominican war ships Presidente and Independencia, who fired on her both from before Puerto
Plata and Samana, the minister stating that Government bases its
demand on article 14 of the concession Clyde, copy of which article
I beg to inclose.
I answered Government that I could not accept its decision, because
said article 14 allows the captain the right to land his cargo on
his return to these ports.
I considered the matter thus closed, and at 2 p.m. sent for the
custom-house and port dispatch from Azua, the ship’s next port of
call, and these dispatches were given me.
The time for sailing was set for 4 p.m. At that time the post-office
sent the mail on board. Thus legally dispatched and passengers being
on board, the captain gave the signal for the pilot, who came on
board to take the ship out.
Just then the harbor master sent to say to detain the sailing for a
little while at request of the Government, to which I answered that
I had no inconvenience as long as she can leave before darkness
should set in, or we could go outside and wait on the roadstead up
to 11 p.m. To this a new reply came that the ship could not leave
because the Government insisted on the landing of the cargo on board
for Samana and Puerto Plata. At the same time a communication was
handed me signed by the minister of finance stating that the cargo
must be discharged here.
The vessel being legally dispatched and having her mail and
passengers aboard, I considered this demand illegal, made my
corresponding protest before the United States consul, and now
appeal in behalf of Messrs. Wm. P. Clyde & Company for your
protection in this matter.
I remain, etc.,
L. Pardo,
Agent for Wm. P. Clyde &
Company.
[Subinclosure.—Translation.]
Article 14 of Clyde concession.
If through bad weather, rebellion, or war it should be sometimes
impossible for any steamer of this line to communicate with one or
more ports of their destination, the captain will advise from on
board with a signal “ad hoc,” being allowed to proceed without any
further detention, but having to leave his cargo, luggage, and the
passengers, respectively, in the next Dominican port, unless that
the interested should demand that they be landed at the port called
for by their tickets, in which case they will be landed on return of
the steamer free of any expenses; and regarding the cargo, it has
also to be landed in the port expressed in the bill of lading or on
return of the steamer or any other steamer of the line.
[Inclosure 2.]
Mr. Powell to
Mr. Galvan.
Legation of the United States,
Santo Domingo City, October 30, 1903.
Sir: I have been informed by Mr. Pardo,
agent of the Clyde Steamship Company, that your excellency’s
honorable colleague, the minister of finance, has stated that the
cargo on the steamer Cherokee, of this line,
for the ports of Puerto Plata and Samana, must be landed here, as
those places are in revolt against the present Government.
I have the honor to inform your excellency that I have no official
knowledge from your excellency’s department that a state of
insurrection prevails in this Republic, nor have I been informed
from the same department that the ports named are in a state of
blockade. In view of these facts, this vessel can not discharge the
cargo of these ports here.
Accept, etc.,
W. F. Powell,
United States Chargé
d’Affaires.
[Inclosure
3.—Translation.]
Mr. Galvan to
Mr. Powell.
Dominican Republic,
Department of Foreign
Relations,
Santo
Domingo, October 30,
1903.
Honorable Sir: In answer to the attentive
note of your excellency of to-day’s date my Government has agreed to
make it known that it is not by application of any principle
relative to the rules of blockading of ports as by the international
right that it has been ordered that the cargo of the steamer Cherokee, destined to the ports now in
insurrection against the authority of the legitimate Government of
the Republic, should be discharged in the port of this capital, but
simply by applying the expressed terms of the contract of the
agreement of concession to the firm of W. P. Clyde & Company in
its article 14, which authorizes the Government to dictate that
disposition of public order.
I salute, etc.,
[Inclosure 4.]
Marine protest of ship Cherokee.
Consulate-General of the United States,
Port of San Domingo,
October 30,
1903.
By this public instrument of declaration and protest be it known and
made manifest unto all to whom these presents shall come or may
concern, that on the 30th day of October, one thousand nine hundred
and three, before me, Juan A. Read, vice-consul-general of the
United States of America for Santo Domingo, and the dependencies
thereof, personally came and appeared L. Pardo, agent of the ship or
vessel called the Cherokee, of New York, of
the burden of 1,933 tons or thereabouts, then lying in this port of
San Domingo laden with general cargo, who duly noted and entered
with me, the said vice-consul, his protest for the uses and purposes
hereafter mentioned; and now on this day, to wit, the day of the
date hereof, before me, the said vice-consul-general, comes the said
L. Pardo, agent of Wm. P. Clyde, and requires me to make protest;
also came —— ——, mate, —— ——, carpenter, —— ——, and —— ——, belonging
to the said ship, all of whom being by me duly sworn on the Holy
Evangelists of Almighty God, did severally, voluntarily, freely, and
solemnly declare, depose, and state as follows, that is to say: That
the steamship Cherokee was legally despatched
from the custom-house and port office, had her mails and passengers
on board and ready to sail at 4 p.m. for Azua. The pilot being on
board to take her out, when an order was sent by the Dominican
Government that the ship could not sail, they demanding that the
cargo she has on board for Samana and Puerto Plata be discharged at
this port, basing their demand on article 14 of the Clyde
concession, according to which any steamer of the line not being
able to enter a port through bad weather, rebellion, or war, should
discharge her cargo at the next Dominican port, excepting that the
interested parties should demand to be landed at the ports their
tickets call for, and as to the cargo, that it must be landed at the
ports the bill of lading calls for, either on the return of the
steamer, or by any other steamer of the line.
Not recognizing the right of the Government of ordering the discharge
of the cargo of the ports of Samana and Puerto Plata at this port
and neither the right of the Government to prevent the ship from
sailing after she has been lawfully despatched, I protested in
behalf of Wm. P. Clyde & Company against the action of he
Government and state at the same time that the cargo for Samana and
Puerto Plata must be landed at the ports of destination according to
the bill of lading.
I further state that the pilot was ordered from the ship by the
harbormaster and that the steamer left this port for Azua in the
control of the captain and by order of the United States
minister.
Thus done and protested in the port of San Domingo this 30th day of
October in the year of our Lord, one thousand nine hundred and
three.
In testimony whereof, these appearers have hereunto subscribed their
names, and I, the said consul, have granted to the said master this
public instrument, under my hand and the seal of this consulate, to
serve and to avail him, and all others whom it doth or may concern,
as need and occasion may require.
[
seal.]
Juan A. Read,
United States
Vice-Consul-General.
L. Pardo, Agent.
Consulate-General of the United States,
San Domingo, October 30, 1903.
I, Juan A. Read, vice-consul-general of the United States for San
Domingo, and the dependencies thereof, do hereby certify that the
above is a true and correct copy of the original protest made by L.
Pardo, agent of the Wm. P. Clyde & Company, of record in this
office.
In testimony whereof I hereunto set my hand and affix the seal of
this consulate-general this 30th day of October, 1903.
Juan A. Read,
United States
Vice-Consul-General.
[Inclosure 5.]
Mr. Powell to
Mr. Galvan.
Legation of the United States,
Santo Domingo City, October 31, 1903.
Sir: I have the honor to acknowledge the
receipt of your excellency’s note of October 30, in regard to the
landing here of certain merchandise, a part of the cargo of the
steamship Cherokee, in which your excellency
states that this demand is not made under the application of any
principle relative to the rules of blockading of ports, etc.; that
your excellency’s Government has made this demand on the captain of
this vessel and upon its agent, under the concession granted to it
by the Dominican Government.
In reply to your excellency’s note, if you will carefully read this
article, you will find that it was inserted to favor the Clyde
Company, as it places at the discretion of the captain not to enter
certain ports of his itinerary if he deems there is danger in doing
so. It names stress of weather, revolution, etc., and that in
passing such ports he should signal that he could not enter; and it
also states that he should return to do so, especially if the
passengers should demand it, and the same is said in regard to the
cargo accepted for such points.
Your excellency can see from this that this clause was inserted to
prevent the Clyde Company from having to defend itself against
annoying claimants who might make demands upon it, should such
events as I have stated occur.
The Government can not therefore take advantage of the same to compel
the captain to land this merchandise here, even though the
Government gave the fullest guarantee.
The captain is bound by the instructions from his company to deliver
these goods to those to whom they are consigned, or return with them
in his vessel, unless otherwise instructed.
I am fully persuaded that this company is willing to do all that it
can consistently do to favor the Government, but, as your excellency
is aware, there are measures which the Government demands that it is
compelled to refuse, in order to cover itself from damages from
those who consign their goods to it. * * *
I trust that your excellency will see in my reply that the company
has the right on its side in refusing this demand on the part of the
Government.
Your excellency will accept, etc.,
W. F. Powell,
United States Chargé
d’Affaires.
[Inclosure 6.]
Mr. Powell to
Captain Archibald.
Legation of the United States,
Santo Domingo City, October 30, 1903.
Sir: As a guide to your action in regard to
the landing of certain cargoes here that were shipped from New York
to Puerto Plata and Samana, I have to say I know of no law in which
you should be required to do so, as I am informed the sanitary
conditions of those ports are good; that there is an insurrection in
that section I have no official knowledge, as this Government has
not yet advised us that such is the case. Neither have I any
knowledge of the said ports being in a state of blockade, as the
Government up to this date has not officially notified me; neither
can there
[Page 401]
be a physical
blockade established, as both of their naval vessels are at this
time in this port. Again, our Government does not recognize that its
commerce shall be crippled by what might be called a paper blockade;
that is, if such a blockade exists.
I can also say to you that the forcible prevention to your entering
the ports of Puerto Plata and Samana, and the order from the
minister of war of this Republic stating that you should not enter
the ports named, were wrong, and that in so doing he exceeded his
right, as this Government had not declared these ports to be in a
state of blockade, and I shall place these facts before the
honorable Secretary of State.
In regard to the statement that if you do not land this cargo at this
port, you will not be allowed to leave, I do not think will be put
into execution; but if it should, and you feel confident that you
can take the vessel over the bar without imperiling the lives of
passengers and crew, or endangering the vessel, I suggest that you
give the usual signal for pilot. If, after a reasonable time none
appears, or if one should appear and report and afterwards leave
your vessel before he has performed the duty he has been called to
do, by order of this Government, I, as the representative of your
Government to this Republic, would advise you to take your vessel
out of the harbor, after you have fulfilled all necessary and legal
requirements, and in so doing you have my official sanction.
In regard’ to the ports for which you have cargo, I would advise you
to enter, leaving it to this Government to forcibly prevent you. As
a matter of right, they can not; as a matter of force, they
might.
I have, etc.,
W. F. Powell,
United States Chargé
d’Affaires.
[Inclosure
7.—Translation.]
Mr. Galvan to
Mr. Powell.
Dominican Republic, Department of Foreign
Relations,
Santo
Domingo, November 2,
1903.
Honorable Sir: I have read the attentive
note of your excellency, dated October 31 last, relating to the
interpretation that your excellency believes to be given to clause
14 of the contract existing between the Dominican Government and the
shipping company of the United States, W. P. Clyde & Co., as
said clause is written, in the opinion of your excellency, in the
exclusive interest of the said company.
The Government of the writer differs notably in the opinion of that
of your excellency, and believes that as that clause has all the
tenor of the contract in its spirit and in its letter has been
stipulated in the interest of both parties, and never to injure the
one nor the other, as it results injuriously for the Republic as in
the case that has provoked the controversy as to the motive of the
cargo destined to the ports occupied by the actual rebellion in the
Cibao against the legitimate Government of the. Republic, as the
Government of your excellency understands it before the reserve of
rights which the Dominican Government establishes, before whom it
makes a response especially for the exercise of diplomatic action,
by which are mixed several distinctive jurisdictions intervening in
the controversy of the parties, as manifested in the infraction of
article 22 of the Clyde concession, that is the only law of the
parties by common exception to all civil contracts.
I have the honor to reiterate, etc.,
[Inclosure 8.]
Mr. Powell to
Mr. Galvan.
Legation of the United States,
Santo Domingo City, November 2, 1903.
Sir: I have the honor to acknowledge the
receipt of your excellency’s communition of November 1, informing me
that your excellency had, by a decree of October 30, closed the
ports of Monte Cristi, Puerto Plata, Samana, and Sanchez to all
maritime commerce, in order to repress armed rebellion in that
section.
I have the honor to call to your excellency’s attention that the
closing of these ports took place, according to your letter, two
days before your excellency had the honor to inform me.
[Page 402]
Due and legal time has not been given me to inform my Government of
this decree, and in consequence thereof it will be impossible for
our citizens engaged in commerce with this Republic to become
acquainted with the action of your excellency’s Government in
closing the above-named ports before the next steamer of the Clyde
Steamship Company leaves for the ports of the Dominican
Republic.
In view of this fact, if the steamer reaches such ports with her
papers properly certified by the Dominican consul in New York, she
should have the right to discharge her cargo in those ports for
which invoices have been given, and I shall be forced to insist upon
this right until instructed by my Government otherwise.
I have the honor further to state to your excellency that a certain
time should have been named by your excellency’s Government of its
intention, in order not to subject neutral commerce to serious
loss.
I do not deny the right of your excellency’s Government to close or
blockade the ports in the insurrectionary district, but in doing so
such commerce should have due and timely notice.
Your excellency will accept, etc.,
W. F. Powell,
United States Chargé
d’Affaires.
