Mr. Robinson to Mr. Hale. UNITED STATES CONSULATE, SIR: I have the honor to enclose the papers and proceedings relative to four ships from Callao, Peru. Said ships arrived in August last at Algeciras. All were given free pratique, and in due time the ships Eastern Star, Florence Treat, and Baden, sailed for Valencia The Sabino sailed for Barcelona. All were refused entrance and ordered here to perform 10 days' quarantine, with clean bills of health issued from the authority of Algeciras. Nos. 1, 2, 3 and 4, are copies of letters addressed to this consulate. Nos. 5, 6, 7, and 8, are true copies of the bills of health brought from Callao, and touched at Algeciras, certified by two consuls. Also No. 9, copy of a protest against the proceedings by which said ships were ordered here with clean bills of health to perform 10 days' quarantine. It appeared to me right and proper that this protest should be made, which was confirmed by legal advice. I think some of the authorities are pleased that the protest was made, as they acted only from compulsion in detaining the ships, and are anxious to have this question settled, which may lead to the explanation of other doubtful and vexatious proceedings here. The director of the lazaretto said, when the said ships arrived, that he did not know why they were sent here, but that he thought if sent away without performing 10 days' quarantine they would be sent back. The British ambassador has a similar case of an English ship from Callao. The authorities have given every facility they could, and have behaved in a more liberal manner through. out the proceedings than I ever have known them to do before. When the ships arrive at their destinations the captains will make their protests, send me a copy with bills of damages, which I will forward. The ship Baden left Callao in May instead of April, as is said in the protest. I trust my action will meet with the approval of the legation. I have the honor to be your obedient servant, Hon. JOHN P. HALE, United States Minister, Madrid. H. B. ROBINSON, Consul. Mr. Curtis to Mr. Robinson. AMERICAN SHIP EASTERN STAR, OF BOSTON, SIR: On the 8th of April last I sailed from Callao, Peru, with a cargo of guano for Spain. On the 22d of August last, at 9 a. m., I arrived in Algeciras (Spain) for orders; at 10.30 a. m. was visited by the port authorities; handed my bill of health to an officer in the boat; after counting all my crew he asked me if they were in perfect health, and said I was admitted to free pratique; that I could go on shore when I wanted to. I soon after went on shore in my boat and bought some fresh provisions, and they were taken on board by the market man of the same port. My ship lay in that bay until the 28th of August last, when I received orders to proceed to Valencia, cleared my ship and paid the customary port charges, and proceeded on my voyage to the port of destination, (Valencia.) That evening, at 8 p. m. the 7th instant, without communicating with any vessel at sea, arrived at Valencia at 5 p. m. The pilot came alongside and ordered me to go to Port Mahon, as he said by the authority of the captain of the port; feeling sure that there must be some mistake, I refused to do so until those orders were confirmed. After anchoring a health boat came alongside and informed me that I must go to Port Mahon to perform quarantine. I remonstrated and told them that I had already obtained free pratique for six days in another Spanish port, and wanted to show my bill of health; but the officer would take no paper from me, and would have no further communication; finding I could do nothing I started that evening at 6 p. m. for Port Mahon. Therefore, as I have complied with the sanitary rules of the country, and have had six days of free communication in Spain, I consider it an injustice that my ship has been sent to this port, and will pay all my port charges and quarantine charges under protest, holding the Spanish government responsible to refund the same, also to pay (all) whatever expenses, detentions, and damages, inay be incurred by the said ship Eastern Star, from the day she left Valencia until she returns to the same port. I will thank you, Mr. Consul, to forward this to the ambassador of the United States at the court of Madrid, and request him to lay my claim before the Spanish government. Failing then to get that justice which in law and equity my ship is entitled to, I and my owners will apply to the Congress of the United States for that equity which I feel I and my owners are fully entitled to. Respectfully yours, A. CURTIS, Master of American ship Eastern Star, Quarantine Station, Port Mahon. H. B. ROBINSON, Esq., United States Consul, Port Mahon. PORT MAHON, September 17, 1867. I, John Short, master of ship Florence Treat, 798 tons or thereabouts, of Bangor, Maine, United States of America, do hereby certify that I sailed from Callao on the 18th of April, 1867, with a cargo of guano bound for Spain. Arrived at Algeciras on the 20th of August,, 1867, ship in good order, crew of seventeen (17) men all in good health; was visited by the doctor and other government officials; crew examined by them and found to be in good health. I was then allowed free communication with the town; my papers were taken to the captain of the port of Algeciras, and remained in their possession until the 24th instant, (of August last,) when I received orders to proceed to Valencia and there discharge my cargo; my papers were then given to me, also a free pratique for the port of Valencia; paid my port charges at Algeciras and sailed the same day for Valencia. During the passage I stopped at no other port or had no communication with any other ship or vessel during the passage, arrived at Valencia the 6th of September, 1867. Pilot came alongside and took the ship to her berth and moored her; on the 7th instant was visited by government officials, doctor included; crew mustered and examined and found to be all in good health, and all correct. My papers were shown them, including my free pratique for that port. They then ordered me to Port Mahon to perform ten days quarantine. I demanded written orders, but was refused, saying it was not customary or necessary, and ordered me to leave immediately, which I was compelled to do, and I further notified them, verbally, that I should do so under protest, and I sailed on the 7th of September, 1867, for Port Mahon. Arrived at Port Mahon on the 12th instant, and am now performing my quarantine. I consider, as I have fully complied with the rules of the port of Algeciras, that I have a perfect right to be admitted to the port of Valencia. Shall pay my quarantine charges under protest, also (claim) damages from the time I left Valencia until I return there again. JOHN SHORT, Master American Ship Florence Treat. Mr. Stilphin to Mr. Robinson. AMERICAN SHIP BADEN, OF NEW ORLEANS, Port Mahon, September 20, 1867. On the 8th of May last I sailed from Callao, Peru, with a cargo of guano for Spain; on the 19th of August last, at 10 a. m., arrived in Algeciras, Spain, for orders; at 3 p. m., same day was visited by the port authorities; handed my bill of health to an officer in the boat; after counting all my crew, asked me if they were in perfect health; my reply was, yes; nor that there had been any sickness on the voyage; then he said I was admitted to free pratique, by hoisting the quarantine flag at the fore. At 4 p. m., same day, went on shore and bought fresh provisions, and returned in my boat. My ship lay in that bay until August 25, which day I received orders to proceed to Valencia, cleared my ship and paid the customary port charges, and proceeded on my voyage to the port of destination, (Valencia,) at 7 p. m., the 5th of September; without communicating with any vessel at sea, I arrived in Valencia roads and came to an anchor. The pilot came on board and anchored the ship, where the ship remained until the 8th of September; the same day was ordered by the port authorities to proceed to Port Mahon, there to lay 10 days' quarantine; therefore, as I have complied with the sanitary rules of the country, and have had six days of free communication in Algeciras, (Spain,) I consider it an injustice that my ship has been sent to this port, and shall pay all my port and quarantine charges here under protest, holding the Spanish government responsible to refund the same; also to pay whatever expenses, detentions and damages that may be incurred by the said ship Baden from the day she left Valencia until the ship anchors to the same port. I will thank you, Mr. Consul, to forward this to the ambassador of the United States at the court of Madrid, and request him to lay my claims before the Spanish government; failing then to get that justice which in law and equity my ship is entitled to, myself and owners will apply to the Congress of the United States for that equity which I feel that myself and owners are fully entitled to. J. STILPHIN, Master of ship Baden, quarantine station, Port Mahon. Respectfully, yours, H. B. ROBINSON, Esq., United States Consul, Port Mahon. Mr. Mitchell to Mr. Robinson. AMERICAN SHIP SABINO, OF BATH, SIR: On the 18th of April last I sailed from Callao, Peru, with a cargo of guano, for Spain : on the 22d of August last, at 5 p. m., arrived in Algeciras, Spain, for orders. The following morning, at 7 a. m., was visited by the port authorities; handed my bill of health to an officer in the boat; after counting all my crew, asked me if they were in perfect health, and said I was admitted to free pratique; that I could go on shore when I wanted. I soon after went on shore in my boat, and brought some fresh provisions, and was taken on board by the marketing man of the same port. My ship lay in that bay until the 28th of August last, which day I received orders to proceed to Barcelona; cleared my ship and paid the customary port charges, and proceeded on my voyage to the port of destination (Barcelona) that evening at 7 p. m., on the 8th instant, September, without communicating with any vessel at sea; arrived at Barcelona late in the afternoon; the pilot and two boatmen came on board and piloted the ship in, and informed me that it was customary to go on shore with a quarantine flag in the boat to the port office. I started the following morning, and met the officer on his way off; handed my bill of health properly indorsed to the said officer, who informed me that I would have to go to perform quarantine, but he would let me know. My ship lay in the bay until Tuesday, 10th instant, when my bill of health was returned, and ordered to Port Mahon to perform quarantine. At 3 p. m., the same day, I sailed for the said port; therefore, as I have complied with the sanitary rules of the country, and have had six days of free communication in Spain, I consider it an injustice that my ship has been sent at this port, and will pay all my port and quarantine charges under protest, holding the Spanish government responsible to refund the same; also to pay whatever expenses, detentions and damages may be incurred by the said ship Sabino, from the day she left Barcelona, until the ship returns to the same port. I will thank you, Mr. Consul, to forward this to the ambassador of the United States at the court of Madrid, and request him to lay my claim before the Spanish government; failing then to get that justice which in law and equity my ship is entitled to, I and my owners will apply to the Congress of the United States for that equity which I feel that I and my owners are entitled to. Respectfully, yours, H. B. ROBINSON, United States Consul, Port Mahon. T. G. MITCHELL, Master of ship Sabino, quarantine station, Port Mahon. Mr. Robinson to the Governor of Minorca. UNITED STATES CONSULATE, SIR: I have the honor to inform your excellency that the following regularly documented ships, Eastern Star, Captain Curtis; Florence Treat, Captain Short; Baden, Captain Stilphin; Sabino, Captain Mitchell; all carrying the flag of the United States of America, left Callao, Peru, in April last, laden with guano, for Spain. Said ships arrived respectively at Algeciras, a port of Spain, in the month of August last; complied with all of the laws of the port, and of Spain, as they were informed; paid all customary bills demanded of them; took free pratique for all of the ports of Spain from the prop authorities; communicated freely with the town, both officers and crews. The bills of health are dated the 21st and 24th of August last, signed and sealed by the proper officers of Algeciras, a city and port of Spain. By virtue of this legal act of the authorities of Algeciras, and in pursuance of orders, the said ships proceeded to ports of discharge, said ports being Spanish ports, subject to the same laws of Spain as Algeciras, to wit: the ships Eastern Star, Florence Treat, and Baden, proceeded to Valencia; the ship Sabino proceeded to Barcelona, both cities and ports of Spain, all with clean bills of health, issued to each and all of the ships, none of which bears date after the 24th of August last, six days prior to the date of the order, under which I am informed the said ships were denied entrance at Barcelona and Valencia, and were by the authorities of those ports summarily ordered to Port Mahon to perform 10 days' quarantine, all with clean bills of health issued by the proper authority of Algeciras, a city and port of Spain. This action of the authorities of Valencia and Barcelona has caused great inconvenience and loss of time, as well as heavy expenses and damages to the aforesaid American ships, amounting in the aggregate to many thousands of dollars, for which a claim will be made against the Spanish government, and forwarded to the minister of the United States at Madrid for his action thereon. The bills against the said ships, which may be demanded here for quarantine and other charges, will all be paid before the order of this consulate is presented for clearance, but paid under protest. I do now, most respectfully, as consul of the United States of America, in the name of the captains, owners, underwriters, and all and everybody whom it has concerned, or whom it may now or hereafter concern, enter this solemn protest against the authorities of Valencia and Barcelona, every and all persons and authorities who denied the above-named ships that hospitality which is accorded to all friendly powers, and ordered the said ships here with clean bills of health, issued by the proper authorities of Algeciras, a city and port of Spain, thus changing the voyages of the said ships, to their great damage and detriment, and by the acts of the authorities aforesaid, Valencia and Barcelona, have virtually declared Algeciras a foreign port. I respectfully protest against the authorities of Port Mahon for detaining the said ships here with clean bills of health 10 days at great expense and loss of time, when said ships came here with clean bills of health, issued by the proper authority of Algeciras, a city and port of Spain. Further, I respectfully protest against any and all accidents, detentions and loss of time by sea or otherwise, which said ships may suffer from the time they leave this harbor, or while in this harbor, until they are safely anchored in the respective ports from whence they were summarily ordered. All of which is respectfully submitted. I have the honor to be your excellency's obedient servant, His Excellency the CIVIL GOVERNOR, Minorca. H. B. ROBINSON, Mr. Hale to Mr. Robinson. LEGATION OF THE UNITED STATES, SIR: I have received and examined our communication of 26th ultimo, with its inclosures, concerning a case of hardship under the improper execution of the quarantine regulations of this kingdom. I do not hesitate to qualify it as such from the data furnished by you and in the absence of any other. But I have very little hope that any satisfaction for this apparent abuse will be obtained from this government. I am tired of complaining of their sanitary regulations, and of the abuse of these, in their execution, by the authorities who have this duty in charge, and in no case has any satisfactory result been obtained. I suppose I should only add one more to the already long catalogue of grievances of this description I have heretofore presented to the notice of the Queen's government without obtaining any remedy, or the manifestation of any desire to restrain the authorities, culpable of these acts, in the course they see fit to pursue. Under these circumstances I will forward your letter and papers to the Secretary of State of the United States, and wait his instructions. You can, yourself, address to him any further information you may have to offer touching these cases, and I will gladly execute here whatever he may direct to be done. SIR: On the 12th instant I received from our consul at Teneriffe two communications, dated September 26th and October 1st, which came by the same mail steamer, and covered various documents relating to the dismissal from that port of the American whaling vessels Albert Clarence, Mattapoisett, and Minnesota. It will be borne in mind that, by the Spanish sanitary system, only two full quarantine stations are established-one at Vigo, on the Atlantic coast, and another at Mahon, in the Mediterranean. Thus vessels proceeding from ports declared foul by Spain, although they bear clean bills of health, are immediately dismissed from all other Spanish ports to the lazaretto of Vigo or Mahon. The three vessels above mentioned were but the forerunners of a much larger fleet of whalers, accustomed to touch at the Canaries at this season to leave their oil, refresh their crews, and lay in provisions for their winter's cruise. The merits of their case will be found succinctly stated in the memorandum sent by me to the Spanish minister of state, to which I beg leave to refer you. On receiving the consul's letters I immediately took the papers to the state department; and finding the minister engaged in cabinet council, saw and explained verbally to the sub-secretary of state and to the chief of the commercial bureau the condition of things at Teneriffe, translating verbally the 1 documents and urging upon them the necessity of prompt action. I then returned and addressed to the minister, in Spanish, the official note and memorandum, of which I enclose copies translated. Yesterday was Sunday; nevertheless I found means to again see the sub-secretary of state and two of the chief officers of the department of state on this business. Not finding the minister, however, I addressed him the official request for an interview, of which I enclose a copy. To-day, Monday, I have been early into the office of the bureau of public health, and found that an officer from the state department, Count Nava de Tajo, had already been sent in person to request the immediate action of that bureau on the statement contained in the memorandum I had furnished. I had, therefore, the satisfaction to see the orders prepared to be transmitted by telegraph to Cadiz immediately, to go out by the mail steamer which starts tomorrow, it being already too late to reach her by post from Madrid. The result is satisfactory I have addressed a telegram to our consul at Teneriffe announcing it, which, translated, you will find enclosed. 1 have as yet received no official answer to my note, nor will it be likely to reach me before the departure of the mail which takes this despatch. With sentiments of the highest respect, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. HORATIO J. PERRY. [Translation.] LEGATION OF THE UNITED STATES, SIR: I have the honor to enclose herewith a memorandum of what has happened at Teneriffe relative to various whaling ships of the United States, and to call your excellency's attention to the special manner in which the recent sanitary dispositions of her Majesty's government have been interpreted in that island, applying an order, based on the supposed sanitary condition of America in August, 1867, to vessels which left those countries in May and November of the year previous and have not since returned. Without exaggerating the importance of the traffic which the provisioning of this numerous whaling fleet brings to the Canary islands, forming a great part of their commerce at this season, and which, once turned aside by the measures, no doubt unpremeditated, of which they complain this year, can hardly be expected to return in coming years, I would beg your excellency to notice the circumstance that the mail steamer which leaves Cadiz on the 15th of this month will be perhaps the last which can carry to Teneriffe, in time to arrive opportunely, the resolution her Majesty's government may think proper to dictate. The consul, whose information serves as a basis for this communication, says that the whaling vessels, which usually resort to the Canary islands at this season to refresh their crews and lay in their provisions for the coming winter, will have all passed by before the 15th of the next month of November. Thus your excellency will not fail to be impressed with the urgency of some resolution in the matter. And I avail myself of this occasion to renew to your excellency the assurance of my most distinguished consideration. HORATIO J. PERRY. His Excellency the MINISTER OF STATE of her Catholic Majesty. Memorandum. On the 11th September last orders were received by the local government of the island of Teneriffe, (Canary islands,) declaring foul all the ports of the American continent, and subjecting to vigorous quarantine all vessels proceeding from them. On the 16th September, arrived at Teneriffe the whaling schooner Albert Clarence, which left the State of Massachusetts, in the United States, on the 18th day of last February, and, after being occupied seven months in the whale fishery, made this port in search of a surgeon to set the leg of a man whose leg had been fractured by a fall. She was immediately dismissed from the port without receiving the succor she asked. |