steamship Cherokee, of the Clyde Line, shall discharge at this port the cargo on board for Samana and Puerto Plata, cargo which she was prevented from landing at ports of destination, she having been prevented from entering these ports by the Dominican war ships Presidente and Independencia, who fired on her both from before Puerto Plata and Samana, the minister stating that Government bases its demand on article 14 of the concession Clyde, copy of which article I beg to inclose. I answered Government that I could not accept its decision, because said article 14 allows the captain the right to land his cargo on his return to these ports. I considered the matter thus closed, and at 2 p. m. sent for the custom-house and port dispatch from Azua, the ship's next port of call, and these dispatches were given me. The time for sailing was set for 4 p. m. At that time the post-office sent the mail on board. Thus legally dispatched and passengers being on board, the captain gave the signal for the pilot, who came on board to take the ship out. Just then the harbor master sent to say to detain the sailing for a little while at request of the Government, to which I answered that I had no inconvenience as long as she can leave before darkness should set in, or we could go outside and wait on the roadstead up to 11 p. m. To this a new reply came that the ship could not leave because the Government insisted on the landing of the cargo on board for Samana and Puerto Plata. At the same time a communication was handed me signed by the minister of finance stating that the cargo must be discharged here. The vessel being legally dispatched and having her mail and passengers aboard, I considered this demand illegal, made my corresponding protest before the United States consul, and now appeal in behalf of Messrs. Wm. P. Clyde & Company for your protection in this matter. I remain, etc., L. PARDO, Agent for Wm. P. Clyde & Company. [Subinclosure.-Translation.] Article 14 of Clyde concession. If through bad weather, rebellion, or war it should be sometimes impossible for any steamer of this line to communicate with one or more ports of their destination, the captain will advise from on board with a signal "ad hoc," being allowed to proceed without any further detention, but having to leave his cargo, luggage, and the passengers, respectively, in the next Dominican port, unless that the interested should demand that they be landed at the port called for by their tickets, in which case they will be landed on return of the steamer free of any expenses; and regarding the cargo, it has also to be landed in the port expressed in the bill of lading or on return of the steamer or any other steamer of the line. [Inclosure 2.] Mr. Powell to Mr. Galvan. LEGATION OF THE UNITED STATES, SIR: I have been informed by Mr. Pardo, agent of the Clyde Steamship Company, that your excellency's honorable colleague, the minister of finance, has stated that the cargo on the steamer Cherokee, of this line, for the ports of Puerto Plata and Samana, must be landed here, as those places are in revolt against the present Government. I have the honor to inform your excellency that I have no official knowledge from your excellency's department that a state of insurrection prevails in this Republic, nor have I been informed from the same department that the ports named are in a state of blockade. In view of these facts, this vessel can not discharge the cargo of these ports here. Accept, etc., W. F. POWELL, United States Chargé d'Affaires. [Inclosure 3.-Translation.] Mr. Galvan to Mr. Powell. DOMINICAN REPUBLIC, DEPARTMENT OF FOREIGN RELATIONS, Santo Domingo, October 30, 1903. HONORABLE SIR: In answer to the attentive note of your excellency of to-day's date my Government has agreed to make it known that it is not by application of any principle relative to the rules of blockading of ports as by the international right that it has been ordered that the cargo of the steamer Cherokee, destined to the ports now in insurrection against the authority of the legitimate Government of the Republic, should be discharged in the port of this capital, but simply by applying the expressed terms of the contract of the agreement of concession to the firm of W. P. Clyde & Company in its article 14, which authorizes the Government to dictate that disposition of public order. I salute, etc., [Inclosure 4.] MANUEL DE J. GALVAN. Marine protest of ship Cherokee. CONSULATE-GENERAL OF THE UNITED STATES, By this public instrument of declaration and protest be it known and made manifest unto all to whom these presents shall come or may concern, that on the 30th day of October, one thousand nine hundred and three, before me, Juan A. Read, vice-consul-general of the United States of America for Santo Domingo, and the dependencies thereof, personally came and appeared L. Pardo, agent of the ship or vessel called the Cherokee, of New York, of the burden of 1,933 tons or thereabouts, then lying in this port of San Domingo laden with general cargo, who duly noted and entered with me, the said vice-consul, his protest for the uses and purposes hereafter mentioned; and now on this day, to wit, the day of the date hereof, before me, the said vice-consul-general, comes the said L. Pardo, agent of Wm. P. Clyde, and requires me to make protest; also came mate, " carpenter, and belonging to the said ship, all of whom being by me duly sworn on the Holy Evangelists of Almighty God, did severally, voluntarily, freely, and solemnly declare, depose, and state as follows, that is to say: That the steamship Cherokee was legally despatched from the custom-house and port office, had her mails and passengers on board and ready to sail at 4 p. m. for Azua. The pilot being on board to take her out, when an order was sent by the Dominican Government that the ship could not sail, they demanding that the cargo she has on board for Samana and Puerto Plata be discharged at this port, basing their demand on article 14 of the Clyde concession, according to which any steamer of the line not being able to enter a port through bad weather, rebellion, or war, should discharge her cargo at the next Dominican port, excepting that the interested parties should demand to be landed at the ports their tickets call for, and as to the cargo, that it must be landed at the ports the bill of lading calls for, either on the return of the steamer, or by any other steamer of the line. Not recognizing the right of the Government of ordering the discharge of the cargo of the ports of Samana and Puerto Plata at this port and neither the right of the Government to prevent the ship from sailing after she has been lawfully despatched, I protested in behalf of Wm. P. Clyde & Company against the action of the Government and state at the same time that the cargo for Samana and Puerto Plata must be landed at the ports of destination according to the bill of lading. I further state that the pilot was ordered from the ship by the harbormaster and that the steamer left this port for Azua in the control of the captain and by order of the United States minister. Thus done and protested in the port of San Domingo this 30th day of October in the year of our Lord, one thousand nine hundred and three. In testimony whereof, these appearers have hereunto subscribed their names, and I, the said consul, have granted to the said master this public instrument, under my hand and the seal of this consulate, to serve and to avail him, and all others whom it doth or may concern, as need and occasion may require. [SEAL.] JUAN A. READ, United States Vice-Consul-General. L. PARDO, Ageni. CONSULATE-GENERAL OF THE UNITED STATES, I, Juan A. Read, vice-consul-general of the United States for San Domingo, and the dependencies thereof, do hereby certify that the above is a true and correct copy of the original protest made by L. Pardo, agent of the Wm. P. Clyde & Company, of record in this office. In testimony whereof I hereunto set my hand and affix the seal of this consulategeneral this 30th day of October, 1903. JUAN A. READ, United States Vice-Consul-General. [Inclosure 5.] Mr. Powell to Mr. Galvan. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your excellency's note of October 30, in regard to the landing here of certain merchandise, a part of the cargo of the steamship Cherokee, in which your excellency states that this demand is not made under the application of any principle relative to the rules of blockading of ports, etc.; that your excellency's Government has made this demand on the captain of this vessel and upon its agent, under the concession granted to it by the Dominican Government. In reply to your exceliency's note, if you will carefully read this article, you will find that it was inserted to favor the Clyde Company, as it places at the discretion of the captain not to enter certain ports of his itinerary if he deems there is danger in doing so. It names stress of weather, revolution, etc., and that in passing such ports he should signal that he could not enter; and it also states that he should return to do so, especially if the passengers should demand it, and the same is said in regard to the cargo accepted for such points. Your excellency can see from this that this clause was inserted to prevent the Clyde Company from having to defend itself against annoying claimants who might make demands upon it, should such events as I have stated occur. The Government can not therefore take advantage of the same to compel the captain to land this merchandise here, even though the Government gave the fullest guarantee. The captain is bound by the instructions from his company to deliver these goods to those to whom they are consigned, or return with them in his vessel, unless otherwise instructed. * * * I am fully persuaded that this company is willing to do all that it can consistently do to favor the Government, but, as your excellency is aware, there are measures which the Government demands that it is compelled to refuse, in order to cover itself from damages from those who consign their goods to it. I trust that your excellency will see in my reply that the company has the right on its side in refusing this demand on the part of the Government. Your excellency will accept, etc., W. F. POWELL, United States Chargé d'Affaires. [Inclosure 6.] Mr. Powell to Captain Archibald. LEGATION OF THE UNITED STATES, SIR: As a guide to your action in regard to the landing of certain cargoes here.that were shipped from New York to Puerto Plata and Samana, I have to say I know of no law in which you should be required to do so, as I am informed the sanitary conditions of those ports are good; that there is an insurrection in that section I have no official knowledge, as this Government has not yet advised us that such is the case. Neither have I any knowledge of the said ports being in a state of blockade, as the Government up to this date has not officially notified me; neither can there be a physical blockade established, as both of their naval vessels are at this time in this port. Again, our Government does not recognize that its commerce shall be crippled by what might be called a paper blockade; that is, if such a blockade exists. I can also say to you that the forcible prevention to your entering the ports of Puerto Plata and Samana, and the order from the minister of war of this Republic stating that you should not enter the ports named, were wrong, and that in so doing he exceeded his right, as this Government had not declared these ports to be in a state of blockade, and I shall place these facts before the honorable Secretary of State. In regard to the statement that if you do not land this cargo at this port, you will not be allowed to leave, I do not think will be put into execution; but if it should, and you feel confident that you can take the vessel over the bar without imperiling the lives of passengers and crew, or endangering the vessel, I suggest that you give the usual signal for pilot. If, after a reasonable time none appears, or if one should appear and report and afterwards leave your vessel before he has performed the duty he has been called to do, by order of this Government, I, as the representative of your Government to this Republic, would advise you to take your vessel out of the harbor, after you have fulfilled all necessary and legal requirements, and in so doing you have my official sanction. In regard to the ports for which you have cargo, I would advise you to enter, leaving it to this Government to forcibly prevent you. As a matter of right, they can not; as a matter of force, they might. I have, etc., W. F. POWELL, United States Chargé d'Affaires. [Inclosure 7.-Translation.] Mr. Galvan to Mr. Powell. DOMINICAN REPUBLIC, DEPARTMENT OF FOREIGN RELATIONS, Santo Domingo, November 2, 1903. HONORABLE SIR: I have read the attentive note of your excellency, dated October 31 last, relating to the interpretation that your excellency believes to be given to clause 14 of the contract existing between the Dominican Government and the shipping company of the United States, W. P. Clyde & Co., as said clause is written, in the opinion of your excellency, in the exclusive interest of the said company. The Government of the writer differs notably in the opinion of that of your excellency, and believes that as that clause has all the tenor of the contract in its spirit and in its letter has been stipulated in the interest of both parties, and never to injure the one nor the other, as it results injuriously for the Republic as in the case that has provoked the controversy as to the motive of the cargo destined to the ports occupied by the actual rebellion in the Cibao against the legitimate Government of the Republic, as the Government of your excellency understands it before the reserve of rights which the Dominican Government establishes, before whom it makes a response especially for the exercise of diplomatic action, by which are mixed several distinctive jurisdictions intervening in the controversy of the parties, as manifested in the infraction of article 22 of the Clyde concession, that is the only law of the parties by common exception to all civil contracts. I have the honor to reiterate, etc., MANUEL DE J. GALVAN, [Inclosure 8.] Mr. Powell to Mr. Galvan. LEGATION OF THE UNITED STATES, Santo Domingo City, November 2, 1903. SIR: I have the honor to acknowledge the receipt of your excellency's communition of November 1, informing me that your excellency had, by a decree of October 30, closed the ports of Monte Cristi, Puerto Plata, Samana, and Sanchez to all maritime commerce, in order to repress armed rebellion in that section. I have the honor to call to your excellency's attention that the closing of these ports took place, according to your letter, two days before your excellency had the honor to inform me. FR 1903-26 Due and legal time has not been given me to inform my Government of this decree, and in consequence thereof it will be impossible for our citizens engaged in commerce with this Republic to become acquainted with the action of your excellency's Government in closing the above-named ports before the next steamer of the Clyde Steamship Company leaves for the ports of the Dominican Republic. In view of this fact, if the steamer reaches such ports with her papers properly certified by the Dominican consul in New York, she should have the right to discharge her cargo in those ports for which invoices have been given, and I shall be forced to insist upon this right until instructed by my Government otherwise. I have the honor further to state to your excellency that a certain time should have been named by your excellency's Government of its intention, in order not to subject neutral commerce to serious loss. I do not deny the right of your excellency's Government to close or blockade the ports in the insurrectionary district, but in doing so such commerce should have due and timely notice. Your excellency will accept, etc., W. F. POWELL, United States Chargé d'Affaires. Mr. Powell to Mr. Hay. No. 632, San Domingo Series.] LEGATION OF THE UNITED STATES, Santo Domingo City, October 30, 1903. SIR: I have the honor to state to the Department that this Government, by public proclamation, decreed that the ports of Monte Christi, Puerto Plata, Sanchez, and Samana to be in a state of blockade, but no official notice to this effect has been sent to any legation or consulate. I may here mention for Department's information that though the Government has stated these ports to be blockaded both of their naval vessels are here, and this is the only means they have to carry into effect the decree proclaimed in the streets late yesterday. I have, etc., Mr. Powell to Mr. Hay. No. 639, Santo Domingo Series.] W. F. POWELL. LEGATION OF THE UNITED STATES, Santo Domingo City, November 3, 1903. SIR: I have the honor to state to the Department that the steamship Cherokee, of the Clyde Line, returned from Macoris, hoping to meet the Baltimore here to convoy her to Samana and Puerto Plata. The Baltimore not being here, she left for Samana at 5.30 p. m. I instructed the captain if he met the Baltimore to signal her, and gave to him a letter for the commander, requesting him to see her safely to those ports. I am unable to give a copy of the same, as it was written on board, the captain having signaled me to come on board. W. F. POWELL. I have, etc., |