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Mr. Tassara to Mr. Seward.

[Translation.]

LEGATION OF SPAIN AT WASHINGTON,
Washington, October 20, 1862.

The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, addresses the Hon. Secretary of State with a view of bringing to his knowledge an unwarrantable offence which has been committed at the island of Cuba by a vessel of the federal navy of the United States, and which, on account of all its circumstances, requires the most urgent and formal attention of this government. The facts, according to official communications received this morning from the governor captain general of the island, are as follows:

On the 7th of this month a merchant vessel, the Blanche, which at first was thought to be confederate, but which afterwards turned out to be English, was proceeding with a cargo of some six hundred bales of cotton to the port of Havana, consigned to Messrs. Timer, Robertson & Co. Pursued by a federal steamer-of-war, which all the versions designate as the Montgomery, and which was chasing her within the jurisdictional belt of the island, the Blanche thought to save herself by making for the beach of Mariano, at a few miles from Havana, running aground thereon at the distance of a few yards from the shore, and hoisting the Spanish flag over the English. The Montgomery, nevertheless, which was following her closely, sent two boats, with a crew of twenty-four to thirty men each, who, not satisfied with boarding her, set fire to her.

Meanwhile the authorities of the town of Mariano, situated at a short distance, had come forward to ascertain the causes of the disaster, and to lend suitable assistance. The naval officers of the federal steamer, far from listening to the strong protests which were addressed to them, threatened the sea alcalde, maltreated his son, who had gone on board, and finished by taking off with them a Spanish subject, who had served as a pilot. The conflagration being over, the federal steamer went away. The Blanche and her cargo having been consumed, the two flags which had been left on the vessel having been burnt up, and the crew, consisting of twenty-two men, and their captain, named Smith, having been saved, thanks to the assistance which was lent them by the people of Mariano.

Such are the facts as they are officially shown up to this time. From trustworthy accounts, published in the newspapers of Havana, it appears, moreover, that the Blanche was proceeding from Port La Vaca, in Texas, and that on the 6th she had anchored at Mulata to take in fuel. Other aggravating circumstances also appear, if aggravation is possible in this case, such as that during the chase, at a very short distance from land, several ball cartridges were fired. Of the whole the appropriate judicial investigation was taking place, a report of which the undersigned will communicate in season to the Hon. Secretary of State, and meanwhile he transmits to him the annexed copies of the first reports of the affair, with the circumstances which have been mentioned, (Nos. 1, 2, and 3.)

On the first reception of the news at Havana, where it was proper it should be told, the sensation was very great. The superior authorities of the island sent several vessels-of-war immediately in pursuit of the offending steamer, which had disappeared from those waters, and other proceedings were resorted to to prevent under any circumstances the repetition of this or any similar aggression. Through a toleration, for which, if not the government, at least some of the official agents of the United States make a very poor return, the war and merchant vessels of this country, on arriving at Havana, have hitherto been permitted to remain outside of the port, communicating with their consul by means

of a boat from the first moment of their arrival. On the said morning of the 7th the Montgomery was at the port of Havana, and was communicating with the consul by that means, which induces the belief that the subsequent offence was committed with the assent or perhaps by the instructions of that agent. This practice was abolished from that moment, and a stop was also put to any other which is not in conformity with the maritime or sanitary regulations, or in which there is not perfect reciprocity in the ports of the United States.

In addressing this legation the governor, captain general of Cuba, transmits the determination of reclamations which may finally have to be made to the government of her Catholic Majesty. That functionary judges, however, and judges rightly, that the undersigned will act as is demanded of him by the extraordinary character of these events. To act in any other manner would be, by closing his eyes to the evidence of such wrongs, to render himself an accomplice in the possibility of conflicts, the responsibility for which the Spanish authorities, ever disposed to avoid them, will hasten to cast off from themselves on whomsoever they may be who provoke them.

The undersigned need not stop to prove that the event of Mariano involves not only an offence but a series of offences, each one of which is more than sufficient for establishing a grave reclamation. These offences are, 1st, a violation of the jurisdictional maritime belt of Cuba, carried even to the territory itself of the island, and the character of which is aggravated by the existence of previous demands, to which this government, although exhibiting always the best disposition, has not yet given a final answer; 2d, the insult offered to Spanish authority in the person of the sea alcalde of Mariano and in that of his son, at the moment when they were exercising two most sacred acts, one an act of authority, and the other an act of humanity-an insult aggravated, moreover, by the capture of the pilot of the Blanche, and taking him out of his country on board of the Montgomery; 3d, the insult offered to the Spanish flag, together with another neutral flag, that of England, by looking on them unmoved, and seeing them consumed amidst the bales of cotton of the burning vessel; and, 4th, the burning itself of a neutral merchant vessel on an almost desert beach, as though it were in open war, without any respect either to existing treaties, to the declarations of the governments, or to any of the laws which now prevail in the civilized world.

The imperious duty in virtue of which the undersigned now comes forward to complain of the government of the United States is still more strengthened by a profound conviction that the Spanish government, and the authorities of Cuba, have fulfilled all their duties towards the United States in the two years of civil war which has been going on, with an amplitude that perhaps has exceeded the limits of true neutrality, and with a respect for established rights that was more demanded of it for the rights of Spain. The honorable Secretary of State has acknowledged this on more than one occasion, and even at this time it would be easy to exhibit to him new proofs of a conduct which gave a right to expect a different return. Nor is this to admit the supposition that this government could have even remotely authorized acts like that which has just been perpetrated in Cuba. It would even be offering an insult to it to apprehend that it would hesitate a moment in condemning them with all the energy which is demanded by so many rights and by so many respectful observances that are not usually found; but the truth is that the justice and reason of Spain are moreover re-enforced with another title to consideration of the United States, and it is to be hoped that it may be held in account in proceeding in this grave affair.

The undersigned, therefore, would be wanting to the confidence which his government has reposed in him if he did not anticipate its instructions by demanding prompt and complete satisfaction and reparation for all the wrongs inflicted, and all the interests damaged, by the outrage and the burning of the

English vessel, the Blanche, on the beach of Mariano. He must demand, also, the immediate restoration of the pilot who was conducting her, with corresponding orders to the commanders of naval forces in the Gulf, to the end that, respect being secured to maritime jurisdiction and to the other rights of a neutral power like Spain, a stop may be put to acts whose repetition would certainly lead to consequences which it is the common duty and interest to avoid. He would moreover request the honorable Secretary of State to fix well his consideration on the conduct of the officers or agents who have figured in this affair, and who have in this manner compromitted the good name of their government, not only in the eyes of Spain but in those of the whole world. He must add, finally, that, for the due knowledge of the authorities of Cuba, he would desire to know, within a conveniently brief space of time, what the government of the United States may be pleased to determine.

The undersigned knows too well the elevation of understanding and the sincerity of character of the honorable Secretary of State to doubt that he will endeavor on this occasion to make good the friendly inclinations with which he has always shown himself animated towards Spain. The honorable Secretary of State, in his turn, is sufficiently acquainted with the minister who has the honor of addressing him this note to know that his greatest aspiration, interpreting therein the will of his government, is to preserve unharmed and even to draw closer than they ever have been the relations of Spain with the United States through the crisis of this country. On this account he has ever endeavored, within the circle of his influence, and in the course of long and repeated negotiations, to give the affairs the turn most propitious to the honor and interest of the two nations; and in making now this demand he is entirely confident of being able to assure his government very soon that there is no reason for apprehending the slightest alteration in the course of the reciprocal relations.

The undersigned avails himself of this opportunity to reiterate to the honorable Secretary of State the assurance of his highest consideration.

Hon. WILLIAM H. SEWARD,

Secretary of State of the United States.

GABRIEL G. TASSARA.

[Translation.]

GOVERNMENT AND CAPTAIN GENERALSHIP OF THE ISLAND OF CUBA-office

OF SECRETARY OF GOVERNMENT-POLITICAL-GENERAL
NAVY FOR THE STATION OF HAVANA.

COMMANDING OF

MOST EXCELLENT SIR: I have to-day received the telegram which I transcribe from the commander of the schooner Isabel Francisca:

"It is 11 o'clock, the confederate vessel is all on fire, having run aground at a distance of six miles from Sabana; it cannot be extinguished; the federal steamer Montgomery, which set her on fire, took a course to the northwest. We set out immediately to assist the schooner and to see if we could find the federal." Which I transcribe for the knowledge of your excellency, adding that the Montgomery is the same steamer which was yesterday at the mouth of the port, and which sent a boat to communicate with her consul.

At the same time a preliminary investigation is being made into the affair on

the spot, the result of which I shall report to your excellency for the ends which it may occasion.

God preserve your excellency.

His Excellency JOAQUIN GUTIERREZ DE RUBALCAVA.
His Excellency the SUPERIOR GOVERNOR.

A copy.

A true copy.

HAVANA, October 8, 1862.

ANSELMO DE VILLAESCUSA, Secretary.

[Translation.]

GOVERNMENT AND CAPTAIN GENERALSHIP OF THE ISLAND OF CUBA-ULTRAMARINE ARMY IN CUBA-REGIMENT OF THE CIVIL GUARD NO. 160.

MOST EXCELLENT SIR: At seven o'clock to-night I received the following despatch from the sub-lieutenant commanding the post of civil guard of Mariano, who sent it to me from the beach of that village:

"At three o'clock in the afternoon I received notice from Captain Redaneo, of this district, and immediately came to this beach, where I met that officer viewing at ten yards from the shore a vessel of the southern States which was completely on fire, and, as I was informed, she was set on fire by the crew of a vesselof-war of the northern States, which vessel-of-war was pursuing and had launched boats with twenty-four and thirty men each, and they boarded said vessel and set fire to her. The said southern vessel was run aground by her crew, and the Spanish flag was hoisted over the English, which were burnt, to the former of which the said vessel had been delivered. The crew landed with

out anything remarkable, not being able to save any of their cargo, which consisted, as they said, of six hundred bales of cotton. After setting fire to the vessel the people of the northern vessel re-embarked, and the vessel disappeared; which I report to Y. H. in compliance with my duty."

I have the honor to transcribe it for your excellency without loss of time, for your perfect knowledge of an affair as serious as it is extraordinary, although it is probable that your excellency may have received these despatches from the local authorities.

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God, &c.

HIPÓLITO LORENTO,
Colonel First Commander.

His Excellency the CAPTAIN GENERAL of this Island.

А сору.

A true copy.

HAVANA, October 7, 1862.

ANSELMO VILLAESCUSA, Secretary.

[Translation.]

OF

GOVERNMENT AND CAPTAIN GENERALSHIP OF THE ISLAND OF CUBA-OFFICE OF SECRETARY OF GOVERNMENT-POLITICAL-MILITARY ADJUTANCY NAVY OF CHORRERA.

To the Commander of Matriculations of this province :

66

In compliance with the verbal order of Y. E., I proceeded at daylight this morning to the beach of Mariano, for the purpose of entering into the preliminary investigation in relation to the running aground at said place of a steamer supposed at first to be confederate, but which now turns out to be English. According to the depositions furnished by the sea alcalde and two witnesses who were present at the act, it seems that about two o'clock in the afternoon a steamer without a flag was descried, which was approaching that part of the coast, and that another with the flag of the federal navy of the United States was giving chase to her. The former, on drawing near to the beach, hoisted the English flag; and, according to information which I have obtained, she is called the "Blanche," and her captain is named Smith; and the federal the Montgomery;" the crew of the former consisting of twenty-two men and three passengers; her consignees in this place, Timer, Robertson & Company; her cargo, cotton. As soon as she ran aground, the federal steamer lowered two boats, which, sufficiently manned and armed, went to the English vessel and set her on fire, taking away with them a Spanish individual belonging to a coasting schooner, whose name was unknown, but who has served as a pilot; remaining at the place until a quarter past three, when the vessel being completely burnt, they made their course to the west, the English captain having asked for and hoisted previously on his vessel a Spanish flag, which was also burnt. On coming on board the American officers threatened the sea alcade, and actually maltreated his son, who had gone on board to offer assistance to the captain and crew in their critical position. As the persons forming the crew were not acquainted with the Spanish language, and I had no interpreter, I limited myself solely to the first proceedings, which I have the honor to enclose to Y. H., for such determination as you may deem proper. All which I state to Y. H. for your knowledge and as a continuation of my despatch of yesterday referring to the matter.

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The undersigned, Secretary of State of the United States, had the honor, on Monday last, the 20th instant, of receiving his excellency Señor Don Gabriel Garcia y Tassara, minister plenipotentiary of her Catholic Majesty, the Queen of Spain. Upon that occasion Señor Tassara verbally communicated to him the substance of a correspondence which had been made to Señor Tassara by his excellency the captain general of Cuba, to the effect that a United States cruiser had chased an English and neutral vessel into the maritime limits of

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