My correspondence with the captain general and captain of the port will show the course I have deemed proper to adopt, and I trust it will meet with your approbation. I have no answer as yet from the governor general. He has probably referred the case for consultation before adopting a decision to communicate to this consulate. I have the honor to be, sir, with profound respect, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State of the United States, Washington. N. B.-I accompany also registers and crew-lists of the Bamberg and A. A. Chapman. THOMAS SAVAGE. CONSULATE GENERAL OF THE United States of AMERICA AT HAVANA, September 1, 1861. SIR: In the month of May last this consulate caused to be posted in the most conspicuous places frequented by American shipmasters the following notice: "As the President of the United States has officially declared that certain States of the Union are in a condition of open rebellion against the government, and as in time of war treason consists in giving aid and comfort to the enemy, therefore I have to inform all masters of American vessels in the port of Havana that this consulate cannot give protection to any vessel claiming to be an American which hoists the rebel flag on any part thereof." After some demurring on the part of three or four vessels that were at the time lying in this port, the practice of hoisting rebellious flags was discontinued, and the consulate entertained the hope that thereafter no case would occur requiring the enforcement of that notice. But in consequence of an order reported to have been issued recently by your excellency to the collectors of customs and authorities of the island, in respect to vessels that may arrive in her ports bearing the flag of the so-called Confederate States, that offensive practice has been revived to-day by the ship Bamberg, James E. Wilner master, and brigantine Allen A. Chapman, A. P. Laurent master. Both of these vessels are in this port under registers of the United States of America, and have been hitherto enjoying the protection of our government. Under the present circumstances, and in obedience to the general instructions of my government, I deem it my duty to withhold from the two vessels above named the protection of the United States, consequently to forbid their using in future the flag of the United States of America. Their papers, evidencing their former American nationality, which are deposited in my office, will be forwarded by me to the government of the United States by the first conveyance. Consequently, as no connexion can from this day forth exist between those vessels and this consulate, I hereby respectfully request of your excellency to make the above determination known to the masters thereof; and inasmuch as the crews of those vessels have become entitled to their discharge, and to be paid at the office of this consulate the wages and extra wages described by law, I have furthermore to request of your excellency that you will cause the said crews or such part thereof as may be yet attached to the vessels to be notified of this their right, and the payment of the wages that may accrue to each person to be enforced. In calling on your excellency for this assistance, I trust that I am asking nothing incompatible with the strictest rules of propriety. By a prompt attention to the subject-matter of this communication, and an early reply thereto, you will confer a favor on the undersigned, who has the honor to remain, with considerations of great respect and esteem, your excellency's obedient servant, THOMAS SAVAGE, His Excellency the GOVERNOR, CAPTAIN GENERAL OF CUBA, &c., &c., &c. CONSULATE GENERAL OF THE UNITED STATES OF AMERICA AT HAVANA, SIR: Not having been as yet favored with an answer to the official letter I had the honor to address your excellency on the 1st instant, in relation to the ship Bamberg and brigantine Allen A. Chapman, I have now respectfully to advise that as to-morrow is Sunday, when all vessels in the harbor are bound, according to the port regulations, to hoist and keep up during the day their national colors, and those vessels will probably show their national colors at the peak, I shall be constrained, in this event, to call upon his excellency the brigadier captain of the port, and request him to cause the said flag to be hauled down. I beg leave to repeat that the said vessels, by the act of their commanders in hoisting rebellious flags at the fore and main mastheads, have forfeited their American nationality, and consequently cannot be permitted to wear the flag of the United States of America. I avail myself of this occasion to renew to your excellency the assurances of respect and consideration with which I am your obedient servant, THOS. SAVAGE, In charge of Consulate General. His Excellency the GOVERNOR, CAPTAIN GENERAL OF CUBA, &c., &c., &c. CONSULATE GENERAL OF THE UNITED STATES OF AMERICA AT HAVANA, MY DEAR SIR, AND OF ALL MY CONSIDERATION: For the reasons set forth to his excellency the superior civil governor and captain general of this island in my communications of the 1st and 7th instant, I have deemed it proper to withhold from the ship Bamberg and brigantine Allen A. Chapman the protection of the United States flag, not recognizing them as American vessels any longer. As the said vessels have our flag hoisted, I find myself in the necessity of soliciting of your excellency to order that the same be immediately hauled down. And as I must transmit to my government by the steamer Columbia, which is to sail on the 10th, the papers of the said vessels, including the roll, I request of your excellency to place that of each of them at my disposal for the purpose. I will on my part furnish your office with authenticated copies, that it may possess the requisite evidence respecting the crews of both vessels. I have much pleasure in repeating myself your very obedient servant, THOS. SAVAGE, In charge of the Consulate General. His Excellency the BRIGADIER CAPTAIN of this port. NOTE.-A notice came on the same day from the captain of the port's office, advising that he was absent, and no action could be taken but by himself. (Translation.) MOLINOS, Captain General's country residence, September 8, 1861. SIR: An accident, of those which are so apt to occur in public offices that have so much business as those of this government, has been the cause of the mislaying, without being able to find it, of your communication of the 1st instant relative to the ship "Bamberg" and brig "Allen A. Chapman." To avoid, therefore, greater delay in answering it, his excellency directs me to ask you to reproduce it, with the assurance that immediately you do it you will receive a reply thereto, and also to the other representation which you make in your second letter of the 7th. With this motive, I have the honor of offering to you the assurance of consideration with which I am, very respectfully, your obedient servant, ANSELMO DE VILLAESCUSA, THOMAS SAVAGE, Esq. First Chief of Bureau, in the office of the NOTE. The above, although appearing in the shape of a private letter, came under the seal of the superior government of Cuba. [Translation.] [SEAL.] CAPTAINCY OF THE PORT OF HAVANA. I have received your polite communication of yesterday's date, in which you are pleased to state to me that for the reasons you have thought proper to lay before his excellency the superior civil governor, captain general of this island, in communications of the 1st and 7th instant, and that I am ignorant of, you have deemed it expedient to withhold from the ship Bamberg and brig A. A. Chapman the protection of the United States flag, not recognizing them as American vessels any longer. The said vessels hoisted on yesterday the flag of the United States, because they appear at this office as such. And as it is ordained in the port regulations that all vessels therein hoist their respective flags, the Bamberg and A. A. Chapman put up the American, under which they entered the port, and appearing as American. I felt great regret that I could not make them haul down their flag as you requested me on yesterday, owing to the lateness of the time in which I received your attentive letter, inasmuch as the masters of those vessels having asked of me on the preceding day (Saturday) to let them know what flag they had to put up on Sunday. I told them clearly that they had to hoist the American, being the only one they could put up, as being the same they had entered with, as evidenced in this office to the present time they are such vessels of the United States. I have the honor of enclosing the crew lists of said vessels that you call for, hoping that you will please furnish certified copies thereof for record in this office. You will at the same time be pleased to inform me in what situation the said vessels remain after protection has been taken from them by the consulate of your worthy charge. I have great satisfaction in offering to you the respects of the highest consideration. God preserve you many years. HAVANA, September 9, 1861. The CONSUL GENERAL of the United States. BLAS G. DE QUESADA. CONSULATE GENERAL OF THE UNITED STATES OF AMERICA AT HAVANA, SIR: I had the honor to receive on yesterday your excellency's polite communication of the same date, in answer to mine of last Sunday, requesting you to cause the ship Bamberg and brig A. A. Chapman to haul down the American colors which they were flying. The reason why those vessels have forfeited the protection of the United States under which they entered this port is, that their commanders on the previous Sunday hoisted rebellious flags at their fore and main mast heads, thereby showing their hostility to the government whose protection they had been enjoying and whose flag covered them. In the first part of May last this consulate gave notice that it could not give protection to any vessel claiming to be American which hoisted the rebel flag, or any part thereof. This was made known to the government of the United States, who approved of it, directing the consulate not to recognize as vessels of the United States any that hoisted any other flag but that prescribed by law. The masters of the "Bamberg" and "Allen A. Chapman" cannot allege ignorance; they deliberately disregarded the warning given them, and now must abide the consequences of their act; and having no longer the right to wear the American, they must remain without any flag to cover them, for I do not see that they are at liberty to use the colors of any other nation, being unprovided with the requisite papers. By the United States registers, which the said vessels had been sailing under, the Bamberg is owned by Mr. Henry V. Baxter .. Mr. James C. Wilner, (master). Mr. Charles Sagory.. Mr. E. M. Brown.. Mr. P. Pages ... Mr. Conrad Charles Maletta The Allen A. Chapman is wholly owned by Mr. Stanislas Plassan, of New Orleans. I transmit herewith certified copies of the crew lists of both vessels for the purposes of your office; and regretting the trouble I have caused you with this annoying affair, I renew the assurances of respect and esteem with which I am your excellency's obedient servant, THOS. SAVAGE, In charge of the Consulate General. His Excellency Brigadier Don BLAS G. DE QUESADA, No. 63.] CONSULATE GENERAL OF THE UNITED STATES OF AMERICA AT HAVANA, SIR: The accompanying documents form the captain general's answer to my last communication in respect to the ship "Bamberg" and brig “Ailen A. Chapman." I leave the matter now in the hands of the department, trusting that the course I adopted towards those vessels will be considered worthy of your approval. The captain general advised me that the Bamberg is to discharge here. Such articles as armament and munitions of war will be deposited in the government stores, and the rest of the cargo will be entered for consumption. His excellency invited me to attend the inspection of her cargo, but I deemed it my duty to decline the invitation. The ship is now at the wharf. It is credited by many that she has since her arrival discharged arms, which have found their way to the southern ports. Though I have had a species of surveillance, nothing has been discovered; and yet I cannot but believe that arms, &c., have been taken out of her, not from under the hatches, but from places of concealment in the cabin and elsewhere, accessible without taking off the hatches. Such things were, of course, not manifested to this custom-house. I wrote in my last despatch that Captain Laurent, of the A. A. Chapman, sailed for New Orleans in a French war steamer. I now confirm the report, and add that he took many letters from here. In all probability he will return in the same steamer, bringing powers of attorney for the sale of the "Bamberg" and the "Allen A. Chapman." F. O. Sullivan finally did not go in command of the Isilda. A man named Emmerson, who belonged to the rebel steamer Sumter, and was prize mate on the Joseph Maxwell, went in her as master. Hicks, the midshipman of the Sumter, and two other gentlemen, formerly of the United States navy, went as passengers in the Isilda. The United States schooner Nonpareil arrived here yesterday from Key West, to fetch despatches of the British commodore. No news from there. I have the honor to be, very respectfully, your obedient sorvant, Hon. WILLIAM H. SEWARD, THOS. SAVAGE, Secretary of State of the United States, Washington. |