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Mr. Powell to Mr. Hay.

No. 640, Santo Domingo Series.]

LEGATION OF THE UNITED STATES,

Santo Domingo, November 3, 1903.

SIR: I have the honor to state that at an interview with the minister he informed me that his Government did not call this a blockade, but simply a closing of these ports to prevent the insurgents receiving supplies.

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SIR: I inclose for your information copy of a correspondence had with the Dominican consul-general in regard to the treatment of American vessels and their cargoes under the decree of blockade issued against the ports of Monte Cristi and Puerto Plata.

I am, etc.,

JOHN HAY.

[Inclosure 1.-Translation.]
Mr. Galvan to Mr. Hay.

No. 33.]

CONSULATE-GENERAL OF THE DOMINICAN REPUBLIC,
New York, October 31, 1903.

MOST EXCELLENT SIR: I have the honor to give notice to the American Government, through the worthy organ of your excellency, that the ports of Monte Cristi and Puerto Plata are blockaded, by direction of the Dominican Government, on account of the local authorities there having declared themselves in rebellion against the constitutional order.

It has come to the knowledge of this consulate-general that one of the shipping concerns of this country, in trade relations with the Dominican Republic, intends to accept cargoes on its vessels for the said blockaded ports, notwithstanding the timely notice of the decision of the Dominican Government that was given it by this consulategeneral. I bring the matter to your excellency's knowledge in order to lodge the due reservation of the right that may appertain to my Government in the event of a violation of its decrees by the above referred to shipping firm, which would give rise to questions apt to disturb the harmonious relations now existing between the two countries.

With sentiments of distinguished consideration, etc.,

[Inclosure 2.]

Mr. Hay to Mr. Galvan.

MANUEL DE J. GALVAN, Jr.

DEPARTMENT OF STATE, Washington, November 4, 1903.

SIR: I have the honor to acknowledge the receipt of your note of the 31st ultimo, by which you give notice to this Government that the ports of Monte Christi and Puerto Plata are blockaded by direction of the Dominican Government on account of the local authorities there having declared themselves in rebellion against the constitutional order, and that it has come to the knowledge of your consulate-general that one of the shipping firms of the United States in trade relations with the Dominican Republic intends to accept cargoes on its vessels for the said blockaded ports, notwithstanding the timely notice of the decision of the Dominican Government

given to it by your consulate-general. You state that you bring the matter to my knowledge in order to lodge the due reservation of the rights that may appertain to your Government in the event of a violation of its decrees by the firm referred to, which would give rise to questions apt to disturb the harmonious relations now existing between the two countries.

In taking note of the statements contained in your note this Department reserves, on behalf of United States citizens, vessels, and property, all rights to which they may be found entitled under the law and facts in any case that may arise.

Accept, etc.,

Mr. Powell to Mr. Hay.

JOHN HAY.

No. 641, Santo Domingo Series.]

LEGATION OF THE UNITED STATES,

Santo Domingo City, November 5, 1903.

SIR: I have the honor to inform the Department that the United States naval vessel Baltimore, Commander Briggs, arrived here this morning at 7 o'clock, and left for Samana Bay to convoy the steamship Cherokee, and if she has left will proceed to Puerto Plata.

I am, etc.,

W. F. POWELL.

Mr. Powell to Mr. Hay

No. 647, Santo Domingo Series.]

LEGATION OF THE UNITED STATES,

Santo Domingo City, November 11, 1903.

SIR: I have the honor to inclose to the Department additional correspondence that has passed between the foreign office and this legation on the subject of the closing of ports.

I call the especial attention of the Department to the minister's statement that these ports are closed, not blockaded, and therefore we have no right to interfere. At this time there is no naval vessel at either port, both being here, one in a very bad or unseaworthy condition.

I have the honor to state that the Cherokee landed her cargo at Samana and Puerto Plata, the ports she was prevented from entering in her passage to this port.

Yesterday, November 10, the Athene (Hamburg-American) left for Macoris, convoyed by the Panther. She had been previously refused permission to land her cargo at this place and other northern_ports. The same vessel (Presidente) would not allow the Cuban or French steamers to enter the port of Puerto Plata.

I am, etc.,

[Inclosure 1.-Translation.]

Mr. Galvan to Mr. Powell.

W. F. POWELL.

DOMINICAN REPUBLIC,

DEPARTMENT OF FOREIGN RELATIONS,

Santo Domingo, November 7, 1903.

MR. CHARGÉ D'AFFAIRES: I have the honor to communicate to your excellency, by order of my Government, that the port of San Pedro Macoris has been included in

the prohibition of maritime mercantile traffic decreed on October 30, in the same respect as the four ports of the Cibao, by the same reason of finding them in the hands of the revolutionists.

The incidents that occurred there at the time of the discharging of the steamer Cherokee of the “Company W. P. Clyde" on the 3d of this month, the discharge that was interrupted by a violent firing at the time, the rebels occupying the city of San Pedro Macoris, imposes the sensible necessity to close also that port to maritime commerce as a measure of public order and to guarantee the interest of the commerce that with free access of the insurrected place will suffer injury of which the Government, by the measure of closing the port, very different from a blockade between belligerents, who wishes to preserve its responsibility and that of the Republic. Accept, etc.,

[Inclosure 2.]

Mr. Powell to Mr. Galvan.

MANUEL DE J. GALVAN.

LEGATION OF THE UNITED STATES,
Santo Domingo City, November 9, 1903.

SIR: I have the honor to acknowledge the receipt of your excellency's communication of November 7, informing this legation that the port of San Pedro de Macoris was closed to maritime commerce on account of the said place being in the hands of the insurgents.

In reply to your excellency's communication, I can not recognize that any of the ports named are closed unless there is before such ports armed force sufficiently strong to forcibly prevent a vessel from entering the ports named. If your excellency's Government has not such a force at the places named, I can not recognize the said ports to be closed to American commerce.

Accept, etc.

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HONORABLE SIR: I have the honor to note the receipt of your excellency's note, dated the 9th of the present month, declaring that your excellency can not recognize that any of the Dominican ports (which are legally closed, as has been notified to your excellency through this department and as has been circulated to the diplomatic and consular corps of this capital) are effectively closed to maritime commerce unless there is a sufficient armed force situated before said ports to prevent a vessel entering into the named port.

What it means is that your excellency, even after the preceding explanation that has been given by this department, insists on mixing the case of the jurisdiction of public order and of internal right, employed by the Dominican Government in closing the ports that are occupied by the insurgents, with the case extraordinary that in international right are submitted to the rules of blockade. It is very different. The Dominican Government, through my department, makes it present to your excellency that one of the judicial consequences injurious to the interests of the commercial importer is the nullity of the payment of the port and custom-house dues in the hands of whom has not the legitimate quality delegated by the treasury to receive the said duties, wherefrom is derived the unavoidable obligation by the merchant debtor to repeat the payment when the competent authority demands. My Government hopes that in authorizing your legation for its citizens to violate the mandates of this Government, operating in the ports accidentally prohibited to maritime commerce, will take it for convenience to give notice to them of the preceding.

Accept, etc.,

MANUEL DE J. GALVAN.

FRANCE.

VISIT OF UNITED STATES SQUADRON TO MARSEILLE IN HONOR OF THE ARRIVAL OF THE PRESIDENT OF FRANCE.

Mr. Porter to Mr. Hay.

[Telegram.-Paraphrase.]

EMBASSY OF THE UNITED STATES,

Paris, April 16, 1903.

(Mr. Porter reports that war vessels of four nations went to Algiers and saluted the President of France on his arrival there on April 15; that the President, in returning from an important official visit to Tunis, will arrive at Marseille on April 30. Ambassador suggests that United States war ships should go to Marseille and salute the President on his arrival.)

Mr. Loomis to Mr. Porter.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE,
Washington, April 24, 1903.

(Mr. Loomis states that the United States European Squadron has been directed to proceed to Marseille to participate in the reception of the President of France on April 30.)

Mr. Porter to Mr. Hay.

No. 1185.]

EMBASSY OF THE UNITED STATES,
Paris, May 5, 1903.

SIR: It gives me much pleasure to report that the sending of our vessels of war to Marseille to salute President Loubet upon his return from the important visit he had just made to the French possessions in North Africa has given peculiar satisfaction to the French Government, and has been highly appreciated by the people and the press of this Republic.

President Loubet treated Admiral Cotton with marked consideration and respect, and after congratulating him upon his command and giving expression to many sympathetic messages to be conveyed to

CONSTRUCTION

GERMANY.

OF TREATY PROVISION REGARDING ARREST AND DELIVERY TO GERMAN CONSULS OF DESERTERS FROM GERMAN VESSELS IN UNITED STATES PORTS.

Mr. von Holleben to Mr. Hay.

[Translation.]

IMPERIAL GERMAN EMBASSY,
Washington, December 5, 1901.

MR. SECRETARY OF STATE: The Rickmers Reismühlen Ship Owning and Building Stock Company, of Bremerhaven, has, in a statement which I append hereto with a request that it be returned, addressed under date of October 26 of this year to the foreign office at Berlin, exposed the rapid increase of desertions of ship's crews in California, and asked that a remedy to this evil be sought by means of representations through the diplomatic channel.

The union of Hamburg shipowners had also, as far back as 1899, brought up the question of the abuses occasioned by the practices of the shipping masters in inciting seamen to desert in various foreign ports, and especially at Portland, Oreg., and asked whether support might not be given to the efforts for the removal of these abuses put forth by the Portland Chamber of Commerce, by means of representations to the Government of the United States of America, or of measures taken by the imperial consul at Portland.

The imperial consul at Portland and the imperial consul-general at San Francisco have not succeeded, in spite of their strenuous endeavors, in bringing about any improvement in the condition of things above mentioned.

By direction of the Imperial Government I now have the honor to bring the foregoing to your excellency's knowledge, and to add thereto the request that the Government of the United States earnestly apply itself to afford an effectual remedy for the grievances of the German shipowners.

While awaiting your excellency's obliging answer, etc.

HOLLEBEN.

[Inclosure.]

Rickmers Reismühlen Rhederei & Schiffbau, A. G., to the German Foreign Office.

To the HIGH FOREIGN OFFICE:

[Translation.]

BREMERHAVEN, October 26, 1901.

Desertion of ships' crews in California.

By these presents we take the liberty of drawing the attention of the high foreign office to the desertions of ships' crews in California. These desertions have unfortunately assumed for many long years wholly significant proportions, and, what is most

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