South Portland had violated the neutrality laws of the United States: and that, the charges and evidence having been insufficient, the Federal commissioner had dismissed the case and discharged the defendant. I very respectfully beg to represent to your excellency in my quality as complainant in the matter of a wrong committed against the nation I represent, in which a vessel bearing the American flag appears guilty, that it was natural that I should request the United States attorney to proceed against the steamer South Portland, since, in all criminal cases, the first thing necessary to be proved is the fact of the crime, and, so soon as the illegal act has been established, to proceed against the apparent author of it. The result of the action taken by the United States attorney goes to show that it was the one the least fitted to satisfy the just complaint of the Government of Venezuela, since the principal witnesses requested by the representative of Venezuela were not even subpoenaed, it being claimed that they could nowhere be found, as in the cases of Capt. Bowman and J. B. Garcia, whose depositions would have been conclusive. Notwithstanding the fact that the marshal stated that these witnesses could not be found, one of them, Capt. Bowman, was interviewed on that same day by a reporter of the New York Herald, and the other, Garcia, was seen publicly in the streets of New York, as the undersigned could have proved had the opportunity been afforded him. It appears, therefore, that the advantage derived from the speedy proceedings adopted by Attorney Mitchell was in favor of the violators of the neutrality laws and the enemies of the peace of Venezuela, leaving my Government without the legal means of proving its charges against the South Portland. Otherwise, the representative of Venezuela might have proved: (1) That the above mentioned steamer, South Portland, was adequately armed and in a state to make war upon the Government of Venezuela, whose men-of-war are, for the most part, not better armed than the South Portland, none of them being provided, like the latter, with the Gatling gun, which is eminently useful in naval warfare. (2) That the South Portland, although ostensibly bound for Trinidad, with munitions of war, intended, as claimed, for legitimate commerce, was in reality destined for Venezuela and the service of the revolutionaries. (3) That Francisco Gonzales and J. B. Garcia, charterers and freighters of said steamer, are rebels against my Government. (4) That there were on the South Portland seven or eight other rebels belonging to the junta established at New York. (5) That the said charterers and freighters of the South Portland and the other revolutionaries in league with them openly boasted of their violation of the neutrality laws of the United States. Finally, had the legal opportunity which I solicited in vain been granted me, I could have furnished as corroborative proof, public notoriety, since neither with the press nor with anyone did there exist the least doubt that the steamer South Portland was fitted out in this port to make war upon the Government of Venezuela, and that the flag of the United States was made treacherous use of to violate the neutrality guaranteed to Venezuela as a friendly nation. My Government, having been informed of these circumstances, instructed me by telegram on the 23d instant to enter this just protest, as a preliminary step to the claim which would arise in the event of any act of hostility being committed by the steamer South Portland against the Government of Venezuela, in the waters or ports of the Republic. I will conclude this note by acquainting your excellency that my Government has further instructed me to make an appeal in its name to the cordiality of the United States in soliciting, as I respectfully do, that your excellency will be so good as to telegraph the necessary instructions, to the end that the United States war vessels now in our ports may be required to prohibit the American steamer South Portland, which has been cleared for Trinidad, to disembark contraband of war at Puerto Cabello, now in the hands of the revolutionaries. Be pleased to accept, etc., N. BOLET Peraza. Mr. Foster to Señor Bolet Peraza. DEPARTMENT OF STATE, Washington, September 28, 1892. SIR: I have the honor to acknowledge the receipt of your note of the 24th instant in further relation to the recent detention of the steamer South Portland at New York, upon suspicion of intent to be employed in violation of the statutes of the United States in regard to neutrality. As I before had the honor to make known to you, the question raised in this case was a judicial one, and the action of the executive power in causing the precautionary detention of the vessel was prompted by friendship for the Government and people of Venezuela, and was carried to the utmost extent of executive authority with a view to permitting every proper judicial resource to be availed of. The usual machinery of the law having been duly set in operation, the matter was withdrawn from executive control and direction. While I note your criticisms of the method followed in the investigation, I am unable to accept them as valid. The case was from the outset in the hands of the law officers of the Government having large experience in this class of proceedings, and I must presume their action to have been impartial and in accordance with the law. Hence I am unable to admit as well-grounded, in law or in fact, the protest and contingent claim of damages you announce. I note your concluding request that, in obedience to the cordial sentiments of the United States for Venezuela, orders be sent by telegraph to the commanders of the naval vessels of the United States now in Venezuelan waters not to permit the South Portland, which has been cleared for Trinidad, to land contraband of war at Puerto Cabello, which port you state to be now occupied by a revolutionary faction. Even were a state of belligerency duly recognized and the obligations of international neutrality flowing therefrom actually incumbent upon this Government, I need hardly point out to you that no duty to assist one of the combatants to blockade a hostile port, or to assume to exercise belligerent rights and powers in respect of such contraband of war, could exist. The function of blockade and the rights to be exercised in respect to contraband of war pertain exclusively to combatants, and may not be assumed by a neutral power, however friendly. Accept, etc., JOHN W. FOSTER. Señor Bolet Peraza to Mr. Foster. [Translation.] LEGATION OF VENEZUELA, SIR: I am advised that a shipment of arms, of ammunition of war, for hostilities against the Government of Venezuela, is in preparation at the port of Baltimore; and that, in order to give a semblance of lawfulness to said shipment, the vessel will be cleared at the consulate of Venezuela at Baltimore, which is no longer in existence, since my Government has discontinued said consulate. I beg your excellency to be pleased to inform the Secretary of the Treasury that the Government of Venezuela has no consul in Baltimore; and that whatever clearance may be given by any person styling himself the consul of Venezuela there, is not to be accepted as valid by the Baltimore custom-house. With sentiments, etc., N. BOLET PERAZA. Mr. Foster to Señor Bolet Peraza. DEPARTMENT OF STATE, Washington, September 29, 1892. SIR: I have the honor to acknowledge the receipt of your note of the 28th instant, stating that a shipment of arms and munitions of war. to be used against the Government of Venezuela, is about to take place from Baltimore, and that the vessel is to be cleared by the Venezuelan consulate at that port. You ask me to advise the Secretary of the Treasury that your Government has no consul at Baltimore, and to say that a clearance given by any individual proposing to hold such office should not be recog nized at the custom-house of the port above mentioned. I have the honor to say, in reply, that I have transmitted a copy of your note to the Treasury Department, and have stated that this Gov ernment has issued no exequatur to any consular officer of the Republic of Venezuela at the port of Baltimore, and that there is no such official on our list. Accept, etc., JOHN W. FOSTER. ALPHABETICAL INDEX. A. Argentine Republic: Arbitration of the boundary dispute between the Argentine Republic Asylum, right of- Page 1-3 As regards political refugees who have taken passage on board Ameri- In Haiti Austria-Hungary: Expulsion of naturalized citizens who have not performed military serv- Baltimore: B. 347-348 6-13 Indemnity to sailors of the U. S. S., killed and injured at Valparaiso....52, 54, 57, Blockade: 61, 62-64, 67 628- 629, 635 .1-3, 17-19 Conditions under which it is to be considered as effective and respected. Boundary dispute between Brazil and the Argentine Republic. Arbi- C. Cable between the United States and Brazil. Landing of the connection Cannon of the privateer General Armstrong known as "Long Tom," pre- Attacks on the legation by Messrs. Trumbull Act of Congress forbidding the coming of Chinese to the United States. 106, 118- Anti-foreign publications and placards... Discrimination against foreign shipping Emperor's life and habits 120, 123, 134-138, 145, 147-158 Extradition by consuls under treaties with other powers Insurrection in Mongolia 99 81 69, 74 139 ..71-72, 76-77, 82-84, 86-87, 96, 100 Jurisdiction of consuls over subordinate officers charged with crime.... 113, 123 Memorial of the Chinese minister at Washington to the throne on ques- Missionary troubles at Chi-nan-fu..... .97, 100, 102 tions affecting the two countries 133 Molestations on Chinese by Treasury officials at Whidbey Island. 138, 140 China-Continued. Outrages on Chinese at Butte City Review of events in 1891 Riot at Shensi Riots against foreigners. University of Peking, Christian. Pagr 142-143 84 133 .91, 101, 115 104 Chinese crew of a British vessel. Rights of British seamen elaimed for. 255, 257 342-343 234, 236, 297–298, 309, 316, 320, 322–324 341 .52, 53, 54, 65-66 Consular jurisdiction in China, over subordinate officers of the consulate... 113, 123 D. Diplomatic officers. Immunities of, in the United States.. Discovery of America: Clebration of the four hundredth anniversary of 43,45 521-526 the- In Spain. E. 351-353 496, 499, 502 Expulsion of naturalized citizens who have not performed military service Expulsion of Jews from Russia... Extradition in China by consuls under treaties with other countries... Famine in Russia: Relief tendered by the United States.... Fisheries: .362, 364- 379, 380–386, 390-391 Protection of, in waters contiguous to Canada and the United States.317, 324-326 France: 162 171-176 Insult to the French flag by a police officer at Jeannette, Pa... Germany: G. Congratulations of the Emperor on the occasion of the four hundredth of John Haberacker 219 .184, 188, 191 Passport issued regularly to Alexander Block. Death of the Duke of Clarence and Avondale hardships imposed at Boston, under the ... 255, 257, 271, 270 |