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It will certainly be the duty of this government to expect that of Spain to sho_w probable cause for such a measure, and if no probable cause be shown the parties aggrieved will be entitled to reparation.
I am, sir, your obedient servant,
Messrs. Thompson and Hunter to Mr. Seward.
New YORK, October 31, 1867.
DEAR SIR : Enclosed we send you an original letter that we received yesterday from Capt. Ryland Upton, of brig Machias, from Vigo, October 1], 1867. As agents for the owners of the brig Machias we on the 26th day of July last chartered her for a voya e from this port to Madeira tb land there 18,000 staves and 20 barrels rosin; the balance 0 her cargo was to be landed at Cadiz. On the 8th of August we cleared the vessel from the custom-house, and on the 9th we got a clean bill of health from the Portuguese and Spanish consuls. On or about the 1st of September the Spanish government at Madrid issued an order declaring all ports in the United States foul, and ordering all vessels from here to Vigo or Port Mahon to ride out quarantine. We this morning called upon the Spanish consul here for a copy of that order, and he informs us that he has never received a copy of it. You will observe by Captain Upton’s letter he obtained another bill of health at Madeira.
The object of ' this inquiry is to know if we have no redress for time or expenses, and if the Spanish government had a right after we have been to an intermediate port, discharged cargo and got another bill of health, and after being about fifty days from the United States, to send us to Vigo to ride out quarantine.
We are, respectfully, your obedient servants,
THOMPSON & HUNTER, ‘ 50 South street. Hon. WILLIAM H. sEWARD, Secretary of_State of the United States, Washington, D. C.
Mr. Upton to Messrs. Thompson and Hunter.
VIGO LAZARETTO, October 11, 1867.
GENTLEMEN: On my arrival at Cadiz I was ordered to this place to perform 10 days’ quarantine ; it is about 500 miles from there here, and I was two weeks getting here; had continued head winds, and one gale of two days’ duration; this will use up one month’s time, if not more, besides the expenses. _
I feel terribly annoyed at this, and if only my owninterest had been at stake I should have proceeded to New York direct; it completely spoils the voyage. I could not think it possible after landing part of my cargo at Madeira, having a clean bill of health from there, and one from New York, that I should be quarantined, (with all hands Well on board, and ordered so far ofi' too.) I took my freight money from Madeira with me, thinking to remit it from Cadiz, therefore I have funds for my expenses. They have declared all American ports foul, in order, I suppose, to raise funds to put down their rebellion.
bG‘lr)re3.t folks say our relations with Spain are amicable; in that case I am being amicably ro e .
Very respectfully, yours, RYLAND UPTON. ‘Messrs. THOMPSON & HUNTER, New York.
Mr. Perry to Mr. Seward.
No. 10.] LEGATION or THE UNITED STATES, Madrid, November 7, 1867.
SIR: I have the honor to enclose copy of'a letter just received from the
consul at Teneriite, showing that the royal orders sent out on the 14th instant‘
had been eflicient, and our whaling fleet relieved. .
HORATIO J. PERRY. Hon. WILLIAM H. SEWARD,
Secretary of State, Waskingion, D. C’.
SIR: On the 18th instant I received your telegram of the 14th of same, and by same mail our civil governor received a similar one, ordering him to admit to free pratique all Whalers which have sailed from the United States previous to June 1st of this year.
Already seven vessels have in consequence been admitted at our port which would have otherwise been “ despedido,” (dismissed,) to their reat inconvenience and loss.
I beg to thank you, sir, for this timely relief, an remain, your most obedient servant,
No. 14.] LEGATION or THE UNITED STATES,
SIR: Mr. Hale returned to this city yesterday.
In taking leave of you as chargé d’afl'aires ad interim, I ought perhaps to inform you that the subject of quarantine disabilities imposed upon vessels proceeding from ports of the United States not infected by any contagious or epidemic disease, and which was brought to the notice of the Spanish government in the way stated in my No. 11 and its enclosure, marked D, has subsequently followed its course in the Spanish departments.
But the answer of the minister of the interior government of the kingdom, to whom your remonstrances were referred, is, I am sorry to say, unfavorable.
He sets forth that the highest state of infection in our gulf ports has been such as reported in the newspapers, and notoriously, that ships coming around to our northern ports had, in many cases, lost half their crews by the sickness aboard ; that there was no evidence that proper sanitary precautions had been established in our northern ports to prevent the spread of the contagion there, certainly not such as were deemed by the sanitary authorities of Spain sufi‘icient; and that therefore, whilst this is the case, the sanitary measures adopted by Spain cannot be relaxed.
I have the honor to remain, with the highest respect, sir, your obedient ser
vant, HORATIO J . PERRY.
Hon. WILLIAM H. Snwsnn,
Mr. Seward to Mr. Hale.
No. 92.] DEPARTMENT or STATE, Washington, December 2, 1867.
SIR : Mr. Perry’s despatch No. 14, of the 13th ultimo, upon the subject of the quarantine in Spain of vessels from the United States, has been received.
It is noticed with regret that the remonstrance, which by the instructions from, this department, Nos. 2, 3, 4 and 5, he was directed to address to that government, has proved unavailing. _
The reasons which he represents as having been assigned by the minister of the interior for justifying the quarantine are founded upon obvious misconceptions of fact in regard to the existence of contagious disease, especially yellow fever, in this country.
That epidemic was restricted to a few ports only of the southern States. If vessels from those ports had been subjected to the quarantine, there would have been no ground of complaint.
The rule has, however, been applied without discrimination to vessels from all ports of the United States, even when bearing a health certificate, attested by the Spanish consul at the port whence they may have cleared.
This seems to be unreasonable and unjust. It has given rise to numerous complaints which have from time to time been made known to your legation.
The letter of Mr. Alpheus Hardy, of Boston, a copy of which is enclosed, relates to the case of his bark “Young Turk,” which has been subjected to the quarantine without apparent necessity and to the great loss of her owner.
It is hoped that the Spanish minister of the interior may see cause to rescind his order, and that, seeing the serious mistake which he has committed, the government of Spain will make good the damages which United States citizens have sustained. If the Spanish secretary of the interior persists in maintaining the quarantine, we must protest with energy, and will expect indemnification.
I telegraphed to you to day on this important subject.
1 am, sir, your obedient servant,
Mr. Hardy to Mr. Seward.
BOSTON, November 27, 1867.
SIR: Permit me to call your attention to the great wrong practiced upon the United States shipping trading with Spein—I cannot better do this than by stating my own case. My bark, Young Turk, sailed hence the last of August with a cargo wholly of sta-ves, bound for Malaga, Spain. At that time our port was entirely free of any contagious disease; the officers and crew in good health. The bark was cleared at the custom-house with a clean bill of health, duly'und properly certified by the Spanish consul at this port. After a passage of about 25 days she arrived at Malaga, allon board in good health, but was not allowed to enter the ort because the yellow fever was in New Orleans, or the cholera in some port of the Unite States. 'l‘he bark was ordered ofl' to Port Mahon, kept there 10 days, compelled to pay ort charges and quarantine fees, doctor’s bill, &c. VVas 37 days in getting to and from ort Mahon, and at alarge expense for time, wages, provisions, &c.; besides throwing the voyage wholly out of its place, bringing her here too late for the best sale of her cargo, and making a dilference to the owners of several thousand dollars.
The Spanish government make no ditference between New Orleans and Boston, and pay no regard to the certificate of our authorities backed by their own consul, to whom we paid afee for his name, but send our vessels off without reason, much to our damage. Our masters a.sser_t it is mainly to secure fees. Their vessels are not so treated with us, nor do they treat other nations as they do us.
For instance, they put Gibraltar down as a foul port, but by the remonstrance of the British government they withdrew that edict and allowed British vessels from Gibraltar to enter Spain, while our vessels hence, after being admitted at Gibraltar, and unloading there side by side with those from England, and associating with their crews, were ordered off. This whole system is unjust as I view it, and I trust may commend itself to your attention.
We are large customers for Spanish pr0ducts—ta.king from Malaga more than half of all the fruit she exports (from 800,000 to 1,000,000 boxes, out of a crop of 1,200,000 to 1,500,000)— and it is a. peculiar hardship to be time troubled and taxed from this port when and because there is yellow fever in Louisiana or Texas.
Pardon my free expression of a felt wrong, and allow me to remain, sir,
With high regard, yours, &c.,
Reference to United States senators from Massachusetts.
llfr. Hale to Mr. Seward.
No. 111.] LEGATION OF THE UNITED STATES OF AMERICA, ’ Madrid, December 3, 1867.
SIR : I have this morning received from you by the Atlantic telegraph cable the followingldespatcb, viz : “ Has Spanish quarantine been rescinded or relaxed ’!”
Immediately upon the receipt of the same, having no knowledge myself on the subject, I addressed the proper inquiry to the minister of state, and as soon as his answer is received I shall transmit it by telegraph to you.
With much respect, your obedient servant, ~
No. 113.] LEGATION on THE UNITED STATES,‘ Madrid, December 6, 1867.
SIR : Yesterday I received from his excellency the minister of state a formal answer to the inquiry of your telegram, a copy of which, with a translation thereof, I herewith enclose.
The answer before sent by me,though perfectly correct, was not strictly ofiicial, but I sent it by telegraph, supposing you were anxious for the information.
After I had communicated the contents of your telegram to the minister. of‘ state, and thought :1 reasonable time had elapsed for an answer which I did not receive, I requested Mr. Perry, the secretary of this legation, to calljat the ofiice» of the minister of state and suggest that an early answer was desirable. He went, and enclosed I send you the report which he made to me of the result of his said application.
With the highest respect, sir, your obedient servant,
Hon. WILLIAHX H. Sswnnn, ~
Sec2'etar_1/ of State, lVuskingl0n, D. C.
SIR: I have the honor to inform you that as the minister of the “ gobernacion," to whom I sent your note of the 3d instant, informs me, not being satisfied with the general sanitary state of the Americans, and the cholera having broken out in the island of Cuba, where it has caused great ravages, as well as the yellow fever in New Orleans, the government of her Majesty have found themselves under the imperious necessity of continuing with rigor the measures which they had ado ted in regard to vessels proceeding from America, it not being possible, though they regrett e necessity, to modify the regulations which they have adopted with the object of not exposing this peninsula. to the introduction of these epidemic diseases.
I avail myself of this ‘occasion to renew to your excellency the assurance of my most dis
tinguished consideration. _ L. AR-RAZOLA.
The MINISTER PLENIPOTENTIARY ‘of the United States.
Mr. Ferry to Mr. Hale.
LEGATION or THE UNITED STATES or AMERICA,
DAER SIR: I have to inform you that at your request I have seen the assistant sec- 7
retary of state, the assistant secretary of the home department, and the chief of the bureau of charities and the public health of the latter department, on the subject of Mr. Seward’s telegram asking if any change had occurred relative to Spanish quarantines. Your note on this subject will be promptly answered. but I am sorry to say, unfavorably. The chief of the bureau explained to me that the subject of relaxing their measures in regard to our ports had very recently been under discussion in that department, and that the necessary orders to that effect were about to be issued, when news arrived of the breaking out of the cholera at the Havana, and it was resolved to maintain the rigorous quarantine now existing on all vessels proceeding from the United States. My observations on their conduct in putting our ports under sanitary disabilities for the contagion existing in their own ports of the Havana, whilstonr ports were free from all such diseases, drew forth again the often repeated explanation that they quarantined all ports when they did not know that quarantine regulations had been adopted and enforced against the ships proceeding from the infected ports. They knew in this instance that communication by ships between the Havana and New York was frequent—every day—while they had no information that at New York any quarantine measures had been adopted to prevent the ropagation there of the disease raging at the Havana. My own remarks on the absurdity ofpthis system need not be repeated. The answer was in substance, that it was their system, and that they found the ublic health of this peninsula to be very well kept by it; better than in other countries whic had been more lax.
And to my explanations relative to the quarantine station and system of New York, from such data as I could remember, the answer was, that nothin in reference to that system or its application and working was known to them. They sai also that if the authorities, whoever they may be, who have the quarantines of New York and of our northern cities in charge, would take the trouble to give them information upon our system of quarantines, and inform them from time to time when any port was put in quarantine by us, they could gladly take cognizance of such oflicial information, and act upon it. The would not put into quarantine in the Spanish ports vessels proceeding from our p0rts, w ere they were thus informed adequate sanitary precautions were taken against the spread of disease imported from ports acknowledged to be infected.
Yours, very respectfully, &c., &c., &c., HORATIO J. PERRY. Hon. Joan P. HALE,
United States Minister Plenipotentiary, 8;c., &c , &c., Madrid.
CORRESPONDENCE WVITH THE SPANISH LEGATION.
Lnoariox or SPAIN AT WASHINGTON,
The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has the honor to make known to the honorable Secretary of State of the United States that the Spanish legation having withdrawn from Mexico, and as the consular agents must have done the same, Spanish subjects who are now residing in that country are in want of their natural protection. For this reason the government of her Catholic Majesty, holding in consideration the sentiments of mutual esteem which unite Spain and the United States, and the friendly relations which exist between their respective governments, would desire that the Spaniards established in Mexico might count, in case of need, on the protection of the agents of the United States. Therefore the undersigned, in the _name and by order of his government, addresses himself to the honorable Mr. Seward, Secretary of State, making known to him that it will be gratifying, if there be. nothing unsuitable in it, that he would please to issue proper instructions to the ofiicial agents of the United States in Mexico, in order