there were in that port war vessels of Germany, France and Spain, while an English and a Dutch man-of-war were expected to arrive there on the 1st instant. This circumstance does not entirely tally with the somewhat excited application of the diplomatic body at Caracas communicated by the unsigned telegram received here in the legation cipher and which it is supposed was transmitted by you. The German, French and Spanish men-of-war are stated to have shown a most commendable readiness in case of need to prevent arbitrary interference with the movements of the mail steamers in port, and the arrival of the Concord and Kearsarge will doubtless suffice for the further security of any vessels under our flag. As communication by cable with La Guayra and Caracas appears to be open, the Department awaits advices from you of any changes in the political situation calling for precise instructions. For the present, and by way of anticipation, I can only say that in the event of a de facto government being established possessing a reasonable ability to administer the national affairs, you may forthwith enter into provi sional relations therewith, leaving any question of formal recognition to await the restoration of authority and order with a reasonable promise of stability. You will keep in communication with the commanders of the Kearsarge and Concord, advising them of any information you may have that will suffice to guide them in the discharge of the duties to which they have been assigned under the order they have received from the Secretary of the Navy. I am, sir, JOHN W. FOSTER.. No. 284.] Mr. Foster to Mr. Scruggs. DEPARTMENT OF STATE, SIR: I have received your dispatch, No. 321, of the 29th ultimo, in relation to the taking of six passengers from the United States mail steamer Caracas, in the port of Puerto Cabello, by the insurgent commander, Gen. Urdaneta, on the 17th ultimo. Your action in the premises and your note of the 19th ultimo to Dr. Urbaneja, then minister for foreign affairs, seem in the main to have been discreet and proper. It is observed that your note follows, in general outline, the precedents of the recent Barrundia episode in Guatemala, so far as they appeared to you to be applicable to the present case. There are, however, certain changed conditions in the Puerto Cabello incident which should be borne in mind in any future proceedings. The relation of Gen. Urdaneta to the party at the time in power, at Caracas, is not clearly understood, but it is believed to have been one of independent insurrection in the interest of the establishment of a so-called western league of five Venezuelan States. Having gained temporary possession of Puerto Cabello, he seems to have made use of his arbitrary military power to invade a foreign mail steamer in transit and to remove, by force, certain passengers who had lawfully embarked at another port of Venezuela, and against whom no lawful charge existed. It would be impossible for this Government to acquiesce in the arbitrary and forcible violation of its flag by a merely military power, without due and regular warrant of law and in conformity with the ordinary course of justice, even though such force were exercised by the titular and responsible government of the country with which this Government maintains friendly relations. The defiance of international rights and the hostile violation of the flag are more conspicuously indefensible, from every point of view, when committed by an irresponsible military chief, representing no recognized government and using brute force in furtherance of an insurrectionary movement. If the situation is correctly apprehended here there is no room for any discussion with the responsible Government of Venezuela touching the question of right. The question of might is not open to discussion under any circumstances. The Department is informed through unofficial channels, that having quitted Puerto Cabello for the purpose of attacking La Guayra, Urdaneta, on learning that Puerto Cabello had in the meantime been taken by a lieutenant of Gen. Crespo, returned the next morning to Puerto Cabello, and, without trying to retake the city, went alongside the fort at the entrance to the port and took off all the men and ammunition there. It is supposed that he at the same time took off the six passengers whom he had taken from the Caracas and imprisoned in that fort. From Puerto Cabello, Urdaneta is reported to have sailed to La Vela de Coro, which he was unable to capture, and at last reports was returning to Maracaibo, which was still in possession of his lieutenants. It is presumed to be his design to make a stand at Maracaibo against the forces of Gen. Crespo, or whoever may succeed in the eastern States of Venezuela. Should the six passengers still be held by Urdaneta, the commanders of the United States war ships would be fully warranted in demanding their unconditional surrender, and, if refused, in backing up the demand by all necessary force. Should they, however, in the shifting fortunes of war, fall into the hands of any faction opposed to Urdaneta, and still be held prisoners, it is probable that the right of this Government to have them replaced under its flag would be promptly and cheerfully recognized upon request. This presumption would amount to full assurance should they be repossessed by a responsible national authority, and in such case you will ask their return. The commanders of the United States naval vessels will be furnished with a copy of this instruction, and will govern themselves accordingly. I am, etc., JOHN W. FOSTER. Mr. Scruggs to Mr. Foster. [Telegram.] LEGATION OF THE UNITED STATES, Caracas, September 24, 1892. (Received September 24.) Mr. Scruggs reports that the situation remains unchanged, nothing new having occurred, and transmits a request of the Government of Venezuela that the steamer South Portland, laden with munitions of war in New York, be prevented from entering Puerto Cabello by the naval forces of the United States. Mr. Foster to Mr. Scruggs. [Telegram.] DEPARTMENT OF STATE, Washington, September 24, 1892. South Portland case fully investigated by Federal courts, New York, and released. Can not interfere. Mr. Foster to Mr. Scruggs. FOSTER. No. 287.] DEPARTMENT OF STATE, Washington, September 24, 1892. SIR: I have received your dispatch No. 326, of the 8th instant, transmitting a copy of executive decree of August 26, purporting to close the ports of Ciudad Bolivar and Puerto Cabello to commerce by declaring the custom-houses there to be "suppressed." Your comments indicate that you have formed a just opinion of the ineffectiveness of such a measure under existing circumstances. Quite recently, on the occasion of a similar measure being decreed by the Government of Honduras, purporting to close the custom-house at Trujillo and La Ceiba, which were at the time in full possession of insurgent forces, I instructed Mr. Pacheco as follows: Should this measure apply to any ports of which insurgents may gain possession, it would of course involve the question of blockade of ports held by insurgents, as in Chile during the late revolution. The closure of domestic ports actually occupied and administered by the titular government, is in itself an extreme measure, working in many cases hardship to foreign commerce; but is entitled to respect so long as it may be duly enforced by adequate means. I am, etc., JOHN W. FOSTER. Mr. Scruggs to Mr. Foster. [Telegram.] LEGATION OF THE UNITED STATES, Caracas, September 27, 1892. (Received September 28.) Venezuelan Government requests me to ask whether, in case Portland cleared for Trinidad, but proceeded to Puerto Cabello direct, our naval forces can interfere, as desired, in support of court's decision and strict. neutrality. SCRUGGS. No. 336.] Mr. Scruggs to Mr. Foster. LEGATION OF THE UNITED STATES, Caracas, September 27, 1892. (Received October 6.) SIR: Late in the evening of the 23d instant Dr. Urbaneja, minister of foreign affairs for the Pulido Government, called at my residence to say that he had just learned that the South Portland, laden with munitions of war for the revolutionists, had left New York for Puerto CaFR 92-40 bello. He said her entrance would be a violation of the neutrality hitherto preserved by the United States, and expressed the hope that I would instruct our naval force, then in Venezuelan waters, to prevent it. I said I had no official information whatever on the subject, but that I had understood, from unofficial sources, the case of the Portland had been referred to the courts, in which event there could be no interference except in execution of the decision unless, indeed, the vessel had escaped before trial. In the event last named, both the Admiral and myself would have been so notified from Washington; but, as neither of us had received such notice, the probabilities were that the Portland had left New York in accordance with the decision rendered. He then asked me if I would not cable you a request by his Government that the vessel be prevented from entering at Puerto Cabello. I said I would do so, after consulting the Admiral, who would be at my house next morning, but that he must put his request in writing. He returned an hour later with the memorandum, copy, and transla. tion of which I inclose, and after consultation with Admiral Walker next morning (the 24th) I cabled you. Your telegram, in reply, received by me on the morning of the 25th. The minister of foreign affairs, to whom I read your telegram, said he thought it not unlikely the decision of the court had been disregarded by the Portland, in that, whilst she ostensibly cleared for Trinidad, her real destination, was Puerto Cabello direct. He asked me to telegraph you in this sense, and to inquire whether, in such case, our naval force could not interfere, as desired by his Government, in vindication of the court's decision and in the maintenance of our strict neutrality. I pointed out that the mere exportation of arms and munitions of war from the United States had never been held an offense against our neutrality laws; that as all the belligerents in Venezuela enjoyed this right equally, none of them could justly complain; that his Govern ment had the right, under the law of nations, to seize contraband of war on its transit to the enemy, and we would not be likely to complain, should this right be exercised in a legitimate and proper manner; but that, as neutrals, we could hardly be expected to employ our naval force to make the blockade of Puerto Cabello effective, nor to police the high seas in the interest of one belligerent against another. He still insisted that I would, as a favor to him, send you, at his expense, the cablegram of the 27th instant. I have advised Admiral Walker, now at La Guayra, of the contents of this dispatch, and furnished him copies of the telegrams to which it relates. I have, etc., WILLIAM L. SCRUGGS. [Inclosure in No. 336.-Translation.] The Government of Venezuela knows that the steamer South Portland, which by the efforts of the Venezuelan minister at Washington was detained in New York, has finally departed thence for Puerto Cabello, carrying munitions of war, and asks your excellency to order the commanders of your war ships anchored at La Guayra to repair to Puerto Cabello to prevent the entrance of the revolutionary steamer, and defend the neutrality which the United States should observe. The Venezuelan Government would be pained should your excellency not do it justice in the premises. Received September 23, at 8:30 p. m. No. 337.] Mr. Scruggs to Mr. Foster. LEGATION OF THE UNITED STATES. Caracas, September 28, 1892. (Received October 6.) SIR: Recurring to the subject of my No. 321, of the 29th ultimo, and of your instruction No. 284, of the 8th instant, I now inclose, in copy and translation, what purports to be a public disavowal by the Venezuelan Government of the act of Gen. Urdaneta in forcibly taking the six passengers from the American merchant steamer Caracas, while in the harbor of Puerto Cabello, on the 17th ultimo. Urdaneta is still understood to be at Maracaibo, notwithstanding the report, current some days ago, that he had fled to Haiti, and it is now reported here that he will be in Caracas soon. I have, etc., WILLIAM L. SCRUGGS. [Inclosure in No. 337.-Translation.] Clipping from La Opinion Nacional. UNITED STATES OF VENEZUELA-MINISTRY OF THE INTERIOR. POLITICAL DEPARTMENT, Caracas, September 17, 1892. (29 and 34.) Resolved, It has become known to this ministry that on the 17th of August last there were taken from the American mail steamer Caracas, anchored at Puerto Cabello, Messrs. Jacinto Lopez, Dr. P. Febres Cordero, Francisco M. Casas, Antonio Salinas, M. Lopez, and Manuel Ramos, each of whom had passports duly signed for Curaçao, and as the arrest was executed without orders from the National Executive, officials in all parts of the Republic are hereby directed to give to the abovementioned citizens, wherever they may find them, every necessary facility to continue on their journey uninterrupted. Let it be known and published. For the National Executive. J. M. GARCIA GOMEZ. Mr. Foster to Mr. Scruggs. [Telegram.] DEPARTMENT OF STATE, Washington, September 29, 1892. No precedent for action requested. In view of action of courts cau not give instruction desired. FOSTER. No. 292.] Mr. Foster to Mr. Scruggs. DEPARTMENT OF STATE, Washington, September 30, 1892. SIR: I have received your No. 325 of the 7th instant, inclosing copy of your letter to the agents of the Red D line, advising them to rigidly preserve the neutral character of their vessels during the present civil war in Venezuela. The Department regards your letter as, under the circumstances, discreet. Avoidance of all interference in local conflicts is very desir |