to execute same; that upon his arrival at said ship he requested to see the captain and waited about thirty minutes for him to appear; that he exhibited his warrant to the captain for the arrest of said Arrana, read it and explained it (in the Spanish language) to him; that the captain immediately became very angry and excited and told the officer that he would not permit him to take the man; that he did not recognize his authority to arrest him, and would not recognize any authority except that of the Spanish consul, and that of a United States officer; that he explained fully to the captain why the warrant was issued, and that he had the right to arrest said Arrana; that he again requested Captain Bustinza to allow him to take the man, which he refused to allow him to do, and would not point him out to said officer; that it is, I am informed, untrue that the officer threatened in any way to arrest the captain, but simply stated to the captain that he should allow him to have the man and not interfere with him in the discharge of his duty; that the captain persisted in his refusal and the officer left the vessel without making the arrest; that said Officer Fondabilla, upon his return to police headquarters, swore out a warrant against Captain Bustinza for opposing an officer in the discharge of his duty; that said warrants for the arrest of Captain Bustinza and Mate Arrana were then placed in the hands of officers James Reed and N. J. Schmitz to be executed; that I am informed that it is untrue, as stated in the consul's report, that the conversation, as detailed therein, with reference to the arrest of Captain Bustinza, between said officers and the vice-consul, at this port, occurred; that on the contrary Officer James Reed, in order not to give offense to anyone concerned, proceeded to the office of the Spanish vice-consul and explained to him that he had a warrant for the arrest of said Captain Bustinza and Mate Arrana; that it is true a note of about three lines, in Spanish, was handed to the officer to be delivered to Captain Bustinza, but Officer Reed, in company with Officer Schmitz, proceeded to said vessel and handed the note to the captain. The captain immediately called Mate Arrana and returned with Officer Reed to police headquarters; that upon their arrival at police headquarters the city marshal notified the station keeper not to require bond and sureties on same for appearance of Captain Bustinza before the police court to answer the charge against him, but simply to permit the captain to sign his personal recognizance to appear at said court. This the said captain absolutely refused to do, whereupon the marshal explained the matter fully to the captain, and whom, the marshal informs me, appeared to understand, and in addition to the marshal's explanation, Joseph Fondabilla and one Manuel Gonzales also explained to the captain, in Spanish, the matter, but he persisted in his refusal, and the warrant was executed, and said parties were locked up until court convened, which was a very short time thereafter; that it was explained, in Spanish, to said captain that they should deliver their valuables to the station keeper for safe-keeping, and which would be returned to them, and to which he made no objection. When the court, convened at 8.30 a. m. on said 8th day of October, the witnesses were called, and it appeared that one of the principal witnesses was absent, the officer having the subpoena for said witness having been unable to locate him in time for court. It was then suggested that said cases be continued until the next morning, the 9th, but it appearing that the vessel was ready for clearance, the cases were not continued until the said time, as alleged in the report of the consul, but a reces was taken, in order to accommodate the captain and men, until 12 o'clock noon on the same day, and the captain and mate were allowed to go, upon their promise to return at said time, without bond; that between the hour of taking said recess and 12 o'clock on said date, the two sailors, Rios and Carman or Carnios, who were in jail, informed Officers Sanders and Ray that the negro Nance was mistaken in pointing them out as the parties who had sold liquor to him, but that the parties who had sold said liquor were the two firemen on said vessel, to wit, Enrique Garretta and Eduardo Barretta; that warrants were then procured for the arrest of said firemen, Garretta and Barretta; that Officers Sanders and Ray and Deputy United States Marshal R. P. Wharton then proceeded to the vessel for the arrest of said firemen. Upon arrival at the vessel the officers asked for the captain and were informed that he was absent, whereupon the chief officer in charge of the vessel was informed that they had warrants for the arrest of the two firemen. The said chief officer then notified the firemen to go with said officers to police headquarters, which they did and were locked up. At 12 o'clock m. Captain Bustinza appeared in court represented by Judge A. C. Blount, and the two seamen, Rios and Carman or Carnios, represented by Judge James R. Landrum. The two firemen, Garretta and Barretta, were not represented by counsel. The case of Captain Bustinza was first taken up upon the charge of opposing an officer in the discharge of his duty. Upon investigation of said charge it appeared that the opposition to said officer was merely by words and not physical force, and taking into consideration the excitable disposition of the Spanish captain, I discharged him." Upon an investigation of the charges against the other seamen, and on which the first two parties were arrested, to wit, Rios and Carman or Carnios, the said seamen, Rios and Carman or Carnios, testified that the two firemen, Garretta and Barretta, were the ones who had sold the liquor to the colored man Nance and others. The mate, Arrana, and seamen, Rios and Carman or Carnios, were discharged, and the two firemen, Garretta and Barretta, were found guilty and fined $100 each; that late in the afternoon of said day, to wit, the 8th of October, Judge Landrum approached me and said that the captain desired to know if I would reduce the fine on Garretta and Barretta, to which I replied that rather than see them detained here I would release them upon payment by the captain of $50 each; that I was informed later that the captain would not pay any fine for them. I am further informed that there was due Garretta and Barretta by said captain wages amounting to $50; that when said Garretta and Barretta were allowed to go with an officer to procure their clothing from said vessel the captain tried to coerce the said firemen to sign a paper acknowledging the receipt of said wages due them and releasing his vessel therefrom, claiming said amount as having been expended in attorney's fees; and not having engaged counsel, and not having been represented by counsel at the trial, they refused to sign said paper. The said vessel sailed on October 9, and I am informed that nothing was paid to said firemen. I am informed that there was no discourtesy shown the captain, nor men, by any of the city's officers, but that the arrests were made as above stated; that there was no search made of said vessel in any way, nor of her compartments. I will state further that I know of no law or treaty requiring a permit from the Spanish consul in order to arrest seamen, under the circumstances set forth above and in the corporate limits of a city. However, I have instructed my officers, out of courtesy to the Spanish consul, to notify him, when such can be done conveniently, before executing warrants for arrest of persons on board of Spanish vessels. In conclusion, I am informed that had this vessel remained here for a few hours longer, action would have been instituted by the United States authorities for violations of the United States revenue laws. I might also state that the two firemen were released from custody, for good behavior, about one week after their conviction in the police court. Respectfully, Señor Ojeda to Mr. Hay. [Translation.] C. M. JONES, Mayor. LEGATION OF SPAIN, Washington, December 22, 1902. MR. SECRETARY: I have the honor to acknowledge the receipt of your note of the 17th instant, in which you were good enough to inclose a copy of the letter addressed by the mayor of Pensacola to the governor of Florida, in regard to the remarks I laid before your excellency in my note of the 5th instant, about the searching of the Spanish steamer Leonora and the arrest of its master. I have taken due note of its contents, and in reply have to say to your excellency that this legation did not assume to call in question the justice of the charge brought against some of the crew of the steamship Leonora or the proceedings taken against those men in connection with the charge. The fact which the undersigned deemed it his duty to bring to the attention of the Federal Government, and now deems it his duty to do so again, to the end that the proper remedy may be applied, is that the authorities, municipal or others, of the United States should have searched a vessel of a friendly country without the intervention or representation of the latter's consular authority, which by international usage is invited, as is done in Spain in the case of American vessels and to the best of my information has always been done in the United States with seamen of Spanish vessels under similar circumstances. I therefore ask that your excellency will be so good as to give consideration to that phase of the question to which my note of the 5th instant had mainly reference, whose great importance will, I am sure, be appreciated by your excellency as much as by myself. I avail, etc., EMILIO DE OJEDA. Mr. Hay to Señor Ojeda. No. 26.] DEPARTMENT OF STATE, Washington, January 3, 1903. SIR: I have the honor to acknowledge the receipt of your note of the 22d ultimo, in which you state that your note of November 5 last did not assume to call in question the justice of the charge brought at Pensacola against members of the crew of the Spanish steamship Leonora, or of the proceedings taken against them on that charge, but that it was desired merely to call attention to the fact that municipal or other authorities of the United States had searched a vessel of a friendly country without the intervention or representation of the latter's consular authority, as is required by international usage. In reply I have the honor to point out that it is stated in the report of the mayor of Pensacola that when the Spanish captain objected to the arrest of Arrana, the officer left the vessel without making the arrest and, in order not to give offense to anyone concerned, pro ceeded to the office of the Spanish vice-consul and explained that he had a warrant for the arrest of the said Captain Bustinza and Mate Arrana," before arresting them. Moreover, the mayor, in the concluding part of his letter, states that he has directed his officers, out of courtesy to the Spanish vice-consul, to notify him when it can be done conveniently before executing warrants for the arrest of persons on board of Spanish vessels. Accept, etc., JOHN HAY. SWEDEN AND NORWAY. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. Mr. Thomas to Mr. Hay. No. 282.] LEGATION OF THE UNITED STATES, SIR: Referring to your instructions" of May 24 last, I have the honor to inform you that immediately upon the receipt thereof I proffered the request therein contained to the Government of Sweden and Norway, in a note addressed to the minister for foreign affairs, a copy of which I inclose herewith. I am to-day in receipt of a note from His Excellency Mr. Lagerheim, a copy of which, accompanied by a translation, stating that in response to this request the United States consular officers in Sweden. and Norway have received permission to assume the charge of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. In compliance with your instructions, I have at once notified the United States consul-general and consuls in Sweden and Norway that such permission has been granted. W. W. THOMAS. I have, etc., [Inclosure 1.] Mr. Thomas to Mr. Lagerheim. LEGATION OF THE UNITED STATES, EXCELLENCY: I have the honor to inform you that I am instructed by the Secretary of State, at the request of the President of Cuba, to ask the Government of Sweden and Norway to permit the United States consular officers within its jurisdiction to use their good offices in representation of the interests of Cuba and its citizens until Cuban consuls shall have been appointed. I take this occasion to renew, etc., W. W. THOMAS. [Inclosure 2-Translation.] Mr. Lagerheim to Mr. Thomas. ROYAL FOREIGN Office, MR. MINISTER: Referring to your note of June 23 last, I have the honor to inform you that United States consular officers in Sweden and Norway have received permission to assume the charge of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. Accept, etc., LAGERHEIM. a Printed, p. 6. No. 43.] SWITZERLAND. PASSPORT APPLICATION OF HELENA PECARE. Mr. Hardy to Mr. Hay. UNITED STATES LEGATION, SIR: I have the honor to inclose herewith the application of Miss Helena Pecare for a passport received from the consular agent at Vevey, Mr. Cuenod, in November last, during my absence on leave. The consul-general preferred not to grant same, and held the papers until my return. The application was renewed in January last, and I extract from my letter of January 22 to Mr. Cuenod so much as refers to this case, viz: I have the honor to acknowledge the receipt of the application of Helena Pecare for a passport, together with the naturalization certificate of her father and three other documents. It appears that the applicant was born abroad and has never been in the United States, although now over 32 years of age. Before this application can be acted upon it will be necessary that the legation should be assured that the applicant has, since her majority, definitely elected to retain the citizenship conferred upon her by the naturalization of her father and that she really intends to go to the United States, there to reside and perform the duties of a citizen. If able to make such declarations under oath, you will attach them to the application in the form of an affidavit, and, I need not add, satisfy yourself that she fully understands the nature of the requirements and of her statement under oath. The papers above referred to are herewith returned. In reply to the above letter, which sets forth the grounds on which the issue of a passport was temporarily refused, Miss Pecare makes the following statement: I can confirm under oath that since my majority I have definitely elected to retain the citizenship of the United States, as it has been my late father's dearest wish and the reason why he was married only by the American consul instead of also under German law. But I can not say under oath that I go to America. It is my intention to go in spring. My brother awaits me at Naples in April. His movements are often so unsettled and we have a sister in Europe who is ill. If you must refuse my application I shall be very grieved. I did hope that the children of an American citizen had a right to citizenship somewhere. If you can not give me the passport, could you kindly give me a paper to say that my father has been an American and that as his daughter I, too, belong to America? The fact that Miss Pecare allowed eleven years to pass after attaining her majority before taking any steps toward claiming American citizenship, that she has resided continuously abroad thirty-two years without visiting the United States, i. e., since her birth in Frankfort, and that she can not declare under oath her intention to go there to reside, has led me to decline to issue her a passport, and I have the honor to ask for the approval of the Department in so doing. While the applicant declares intention to go to the United States |