Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session of the Fortieth Congress
Mr. Pruyn to Mr. Seward.
Sir: I have the honor herewith to forward you (see inclosure No. 1) a copy of a dispatch addressed by the minister of foreign relations of this government to the consul general of the Netherlands, residing here, in reference to the course of the authorities of the island of Curaçoa in regard to Venezuelan affairs.
In inclosure No. 2 may be found a translation of the same communication.
I have the honor to remain, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Señor Villégas to the Consul General of the Netherlands.
UNITED STATES OF VENEZUELA, DEPARTMENT OF FOREIGN AFFAIRS—NO. 178.
Sir: During the rebellion of a part of the United States of America the federal government, having complained of the privileges allowed in the Dutch colonies to vessels of the south, instructions were dispatched by the order of his Majesty the King of the Netherlands to the authorities of the same not to permit any more visits of the Sumpter, nor of any other vessels of the so-called Confederate States, and, on their entering the ports of the Netherlands, to oblige them to depart within twenty-four hours, under penalty of their being considered as enemies.
They were also prohibited from supplying fuel to any such vessels for more than twenty-four hours.
Lastly, they were ordered not to admit, except in the case of stress of weather, the vessels of war or privateers of the belligerents, and not to allow them, if steamers, to take in coal in a greater quantity than that sufficient to navigate twenty-four hours.
The governor of the neighboring Dutch colonies has told the confidential agent of Venezuela that he desired to observe, in the differences that are again agitating this nation, the strict rules of neutrality, in the same terms that his government prescribed in the civil war of the northern and southern States of North America; a war to which, in the judgment of said functionary, the actual political situation of the republic has, on a small scale, a very considerable resemblance. Even supposing the parity which is spoken of, and the obligation of regarding the one and the other as belligerents, what has been practiced at Curaçoa does not conform to the standard that the governor invokes.
Indeed, the rebel vessels have constantly gone to the Dutch islands, have departed when they thought proper, have been supplied with the fuel that they required or as much as could be furnished them, and have not arrived there through stress of weather, but intentionally.
It is notorious that, ever since the representatives of General Falcon, in violation of the treaty that put an end to the combat, after having been allowed to depart from Caracas on the day in which their defeat was consummated, and after having gone away and taken refuge in Puerto Cabello, have had no other means of carrying on the war than those afforded them in the Dutch colonies.. Two schooners, dispatched from them with coal, muskets, powder, lead, and clothing, and which, moreover, conveyed rebellious generals and chiefs, were seized by the forces of the government.
To-day there does not even exist the appearance of the government that pretended to claim the title of legality.
With the capture of that town that government was completely destroyed. He who considered himself in charge of the executive died; two of his ministers were left in Puerto Cabello; the other two took each one a different direction; so that even [Page 969] discarding the facts that preceded, in virtue of which they capitulated and relinquished their official character, they ceased in their functions by reason of their second defeat, flight, and dispersion.
There are not, neither have there before existed, two governments, one in Caracas and another in Puerto Cabello.
The provisional executive administration, the only one that is at the head of the republic, has been established and accepted by the greater part of it. Sufficiently do the results prove this. It rules as much in the capital as in Puerto Cabello, since those cities were conquered, which were defended with all possible force, but surrendered to the superior strength of the revolution.
The popular co-operation given to this present government proves that it is the will of the masses that all opposition to its authority shall cease.
As to foreign states, the question is a de facto one; they have to virtually acknowledge the government that they find in possession of power. But even if legitimacy were to be treated of, that, in a republic, depends solely upon the will of its citizens.
It is true that there are appointed forms by which to manifest the popular will, and that the executive, regardful of the origin of sovereignty, has ordered their employment; but this does not lessen the force of the general insurrection that has obtained such signal triumphs.
Well the Netherlands know, even by its own experience, that no other is the practice of nations.
The foreign diplomatic and consular agents treat only with this government, which they have acknowledged, about all matters that interest their respective nations. How this could happen is not to be comprehended, if, indeed, this government does not represent Venezuela.
It has, without limitation, the right to defend the interest of the republic; and, in the exercise of this right, the government is justified in taking all proper measures needful to restore the Union to a state of order and tranquillity, and also to demand of other powers what is due it from the same.
Even on the hypothesis that there were here, truly, a civil law, the principle is obvious and universally admitted that the territory of a neighboring, neutral foreign power is inviolable; and that the belligerents are bound to refrain from therein committing any act of hostility, or any other act in contravention of the lawful jurisdiction of the sovereign of such territory, or of the lawful rights of the legal occupiers of the same; they only professing the right to take action of any kind as may seem fit and proper to them in such territory, a right the use and abuse of which are in them solely vested.
In accordance with this principle, it happens that when a body of foreign troops passes the frontiers of a neutral state, the sovereign thereof grants it asylum, but assumes control of the men, compels them to disarm, and designates the locality in which they shall remain during their sojourn in his dominions. He there has them watched and controlled, or, at all events, takes such measures as effectually prevent them from taking any active part in the war which may then be raging.
In accordance with the same principle, drafting, the transit of armies, the formation of expeditions, warlike preparations, revolutionary meetings against a foreign government, battles and captures, ambuscades, retreats, (with a view of resuming hostilities,) the construction and arming of vessels of war and privateers, all military operations, the augmentation of the crews of the war vessels of any foreign belligerent, or the increase of the caliber of their cannons, even when an asylum has been granted them, the purchase or embarkation of fire-arms, the property of private individuals, or of munitions of war, the transportation of an enemy’s troops, or dispatches, &c., are prohibited on neutral soil.
It is, then, in contravention of the principles of neutrality that General Falcon has established a center of operations at Curaçoa, and is there receiving and sending dispatches, and orders, and commissions, directed to various places in Venezuela, with the design of therein creating anarchy.
In a similar manner, at Curaçoa, coal, fire-arms, munitions of war, powder and clothing, are sold to and for the rebels, who are there encouraged and incited to arms by him. The doctrines of neutrality above alluded to are sanctioned by Hautefeuille in treating of peaceful commerce in goods contraband of war.
It is also true that the rebel vessels, belonging rightfully to the national navy, are supplied in Caraçoa, without stint, just as they wish, with provisions, fuel, and such other articles as they may require.
In the same manner expeditions, planned and executed by generals and other chieftains, are formed and dispatched, sometimes in Venezuelan vessels, sometimes in Dutch vessels—expeditions in aid of war in the territory of a nation that is on actual terms of peace and amity with the Netherlands. It is also true that the authorities of Caraçoa, formerly so severe in their conduct towards foreigners, including Venezuelans, now receive and grant every facility to our enemies, who via that island pass over into those parts of the country where rebellion prevails; and these same authorities take no steps to prevent the abuse of the privileges of asylum by the persons above alluded to.
[Page 970]It is no less contrary to neutrality that the rebel vessels are allowed to enter and remain, as long as they like, at Curaçoa and the other islands, contrary to the very orders of his government, which the governor quotes in support of his course of action.
These are very serious facts. They have occupied the attention of the executive for some time past. The public press have commented upon them. Had not the aid above alluded to been granted, the rebel vessels would have already been surrendered. Hence it also follows that a portion of the (Dutch) colonial commerce, extremely favored by the preceding régime here, is profitably speculating upon the misfortunes of Venezuela.
For the sake of the good relations existing between the two countries, the executive hopes that an immediate end will be put to so lamentable a state of affairs. He demands, moreover, that it be ordered that the steamers and any other vessels of the national navy that may now be in the Dutch colonies, or which may hereafter therein arrive, be restored to the United States of Venezuela. He bases this demand on the fact that no person but he represents the ownership of them. Every proprietor has the right to recover his property wherever it may be found.
The executive himself has no right to dispose of the public property.
These vessels having forfeited the right of flying the flag of the republic, she is not responsible in any way on their account. The policy which has been pursued towards this country by foreign governments serves to support the present demand.
In 1836 the reformers took away from the national magazine at Puerto Cabello a great quantity of powder, lead, cannons, and other articles, which they shipped on board of the schooner Mezelle, with the view of selling them in the Antilles, and of exchanging the product of such sale for provisions. On the demand of the executive, the governor of St. Thomas, the functionary of a state that so well knows, and has always so well defended the rights and duties of neutrals, not only ordered the cargo of that schooner to be detained and guarded, but also sent the same vessel and cargo back to La Guayra, intact. When, in the year 1866, the steamer Bolivar ran away, the agents here of friendly governments recommended, on request, to the governors of the islands to place an embargo upon her, and to send her back here. The governor of Antigua so acted, and effected her restitution. All assented to the justice of the demand made.
The administration hopes, that you, taking as you do so deep an interest in the good understanding which prevails between both nations, and enjoying, as you do, so weighty an influence with the governor of the colonies, will represent to him the just claims of Venezuela, and will pursuade him to take such course of action towards her as may be necessary for the rightful satisfaction of these demands. I renew to you the assurances of my distinguished consideration.
Union and liberty!
The Consul General of the Netherlands.