our consuls have been uniformly to clear American merchant vessels for that port. But whether at present there is or is not an efficient blockade is a question of fact to be decided by the commander-in-chief of our naval forces now in Venezuelan waters, and hence I prefer to await his reply to my inquiry of this date before giving a more definite reply to your note. I should hear from him on the subject today or tomorrow, when I shall at once advise you of his decision. In case it shall appear that there is no efficient blockade I shall advise you to dispatch your vessels as usual and request the admiral to send down a vessel for her protection. I am, etc., [Inclosure 6 in No. 342.] WILLIAM L. SCRUGGS. Admiral Walker to Mr. Scruggs. FLAGSHIP OF THE NORTH ATLANTIC STATION, SIR: I received by special messenger this afternoon your letter of to-day with its several inclosures. Respecting the inquiry which you make as to the character of the blockade of Puerto Cabello by the naval force of the Venezuelan Government and the protest of the Venezuelan minister for foreign affairs against the action of the U. S. S. Kearsarge outside of Puerto Cabello on the 30th ultimo, I have the honor to reply as follows: As you have already indicated to the Venezuelan cabinet, it is well understood that a blockade "to be binding must be effective," and that its character of effectiveness should be evident, not only by the presence of a sufficient naval force off the blockaded port to render the ingress or egress of vessels hazardous, but by the continual presence of such a force unless temporarily driven away by stress of weather. A blockade which is not sustained by the actual establishment or an armed force is a "paper" blockade only, and is not recognized as valid by the law or custom of nations, and if the blockading force be withdrawn voluntarily, the blockade has actually ipso facto been raised and new formalities are necessary for its reëstablishment. This, as I undertand it, is the opinion of the best international publicists, and is the practice of admiralty courts. The decree referred to by the Venezuelan minister for foreign affairs establishing a blockade of Puerto Cabello, is dated August 26, 1892. By its terms it was to go into effect on the 10th of September for vessels arriving from the Antilles, and on the 25th for vessels arriving from the United States. Under date of September 16, Commander White, commanding the Concord, reported to me from Puerto Cabello in the following words: "There is no semblance of force off the port of Puerto Cabello, and so far as I am informed there never has been." The Concord was again in Puerto Cabello on September 21, and spent some time several miles outside of the port engaged in compass observations. While so engaged "the horizon was carefully scanned and no blockading vessels were sighted." The U. S. S. Kearsarge entered and left Puerto Cabello on September 23. She returned to Puerto Cabello on September 25 and left on September 27. Nothing was seen of blockading vessels. The steamship Venezuela, of the Red D line, arrived at Puerto Cabello on September 25 and sailed from that port on September 26, and suffered no molestation whatever. I have no knowledge of the presence of any vessels of the Venezuelan Government off the port of Puerto Cabello prior to September 30, twenty days and five days, respectively, after the declared blockade against the Antilles and the United States, and I have conclusive evidence that upon certain dates, between September 10 and 30, no blockading force existed. Further I am informed by Capt. Chambers, commanding the steamship Philadelphia, that when he sailed from Puerto Cabello for La Guayra on October 1, no Venezuelan gunboats were in sight, but that he passed one of them at a distance of 30 miles east of Puerto Cabello. The evidence all points to the conclusion that there has been no actual blockade of Puerto Cabello prior to the expected arrival of the Philadelphia and that the Venezuelan Government sent its gunboats off to that port to intercept that vessel, and probably also to look out for the South Portland. Failing in their purpose they left the vicinity of Puerto Cabello and thereby raised the blockade, which had been only temporarily established. The blockade was therefore not "effective" until or about September 30, and was raised on the same or following day. Regarding the action of the Kearsarge off Puerto Cabello, on September 30: Bearing in mind the affair of the Caracas when Urdaneta, a general of the de facto government of Venezuela, took by force out of that steamer six passengers who held permits from his Government to leave the country, and that no actual blockade of Puerto Cabello had been established, I sent the Kearsarge there to protect the American mail steamer from unlawful and irregular interference from either faction. Her attitude and action on the 30th of September were proper under the circumstances and meet my approval. As a matter of fact on the occasion referred to, although one of the Venezuelan gunboats steamed toward the Philadelphia, she did not speak her, nor did she make any recognized signal to attract her attention. It was thought quite probable that she was looking out for the South Portland, and merely went near the Philadelphia to determine her identity. My position, as you know, is entirely neutral. I do not incline to either of the factions which are struggling for the control of Venezuela. It is simply my duty to protect the United States flag and United States interests from annoyances and exactions which are outside of the strict and proper enforcement of belligerent rights. Touching the South Portland, to which the Venezuelan minister for foreign affairs refers, her case appears to me to be quite apart from that of the Red D steamers. She is alleged to be laden with munitions of war, and, if that be true, she takes the chances of any vessel engaged in contraband trade. The Red D steamers form a regular line and no accusations of contraband trade have been made against them. The Philadelphia coming here from Puerto Cabello has been entered and cleared without annoyance or delay, and has sailed this evening for Puerto Cabello. In conclusion, I would suggest that the decision of our Government respecting this alleged blockade of Puerto Cabello be speedily obtained. Serious questions are likely to arise at any time, and as commander-in-chief I should be glad to have those exact instructions from the Government which which should follow a discussion and decision of the question in Washington. In the meantime I would be very much gratified to receive your own conclusions upon the subject and the substance of such communications as you may see fit to make to the Venezuelan Government. I am, etc., [Inclosure 7 in No. 342.] J. G. WALKER. Mr. Chambers to Messrs. H. L. Moulton & Co. LA GUAYRA, October 4, 1892. GENTLEMEN: In answer to your letter of the 3d instant, which duly came to hand at 11 a. m. to-day, I hasten to reply that in no way did the Government steamers attempt to prevent to entering the harbor of Puerto Cabello on the 30th ultimo. The U. S. S. Kearsarge met the ship about 8 miles from the harbor and escorted us in the harbor under orders from the flagship Chicago. In that way we passed one of the small steamers and he blew one short, quick blast of his whistle. The meaning I did not understand; he had no siguals up, only his ensign. On the night of the 1st of October, 11:30 p. m., we also passed the same steamer on our way to this port. We passed close to him; he had no lights burning; did not sound his whistle or in any way molest us. I will strictly follow your request to report to you all details of interest on our outward bound (passage) voyage. I remain, etc., J. CHAMBERS, Master. Mr. Scruggs to Mr. Foster. [Telegram.] LEGATION OF THE UNITED STATES, Caracas, October 10, 1892. (Received October 13.) Mr. Scruggs asks whether he is not to recognize without delay and formally the de facto government of Gen. Crespo, who has duly appointed cabinet and public officers, has the purpose and power of executing international obligations, and holds without opposition the full machinery of government. Mr. Foster to Mr. Scruggs. [Telegram.] DEPARTMENT OF STATE, Mr. Foster directs Mr. Scruggs to recognize the new government, provided it is accepted by the people in possession of the power of the nation and fully established; he asks to be informed of action taken. Mr. Foster to Mr Scruggs. [Telegram.] DEPARTMENT OF STATE, Mr. Foster asks whether action has been taken upon his instructions of October 12, in the matter of recognizing the new government. Mr. Scruggs to Mr. Foster. [Telegram.] LEGATION OF THE UNITED STATES, Caracas, October 18, 1892. Mr. Scruggs reports that he will fulfill the formalities of recognition in a few days, and that it is expected the representatives of other pow ers will follow. Mr. Scruggs to Mr. Foster. [Telegram.] LEGATION OF THE UNITED STATES, Caracas, October 23, 1892. Mr. Scruggs gives notice of the formal recognition of the new government. No. 299.] Mr. Wharton to Mr. Scruggs. DEPARTMENT OF STATE, Washington, October 18, 1892. SIR: I have received your No. 342 of the 7th instant, inclosing copies of correspondence with the minister of foreign affairs of Venezuela, in regard to the alleged violation by the American steamship Philadelphia and the U. S. S. Kearsarge of the so-called blockade of Puerto Cabello. If, as appears from the facts stated, no serious and continuous visible blockade of that port was maintained and a mere pretense of blockade kept up by sending a vessel there only on the periodical occasions when the Red D steamers were scheduled to touch at that port, it could not be respected as effective under international law. Blockade to be effective must be maintained against all commerce and aim to visibly close the port, not be directed to interference with particular ships at intervals. The consul at Puerto Cabello will be instructed to explain his remissness in not keeping you advised of what has transpired at that port. I am, etc., WILLIAM F. WHARTON, Acting Secretary. No. 346.] Mr. Scruggs to Mr. Foster. LEGATION OF THE UNITED STATES, Caracas, October 18, 1892. (Received October 26.) SIR: Since the date of my last report (No. 343, of October 7), order and tranquillity have been restored in the capital, and apparently in all parts of the Republic. The revolution has triumphed completely, and Gen. Crespo is now in unopposed possession of the machinery of government, with duly appointed cabinet ministers and public officers. The new cabinet is made up of representative men of character and standing from the several States of the Republic, and seems to give very general satisfaction. The new minister to the United States is a gentleman of ability and large political experience, with an extensive following. He is understood to be particularly friendly to the United States, and to be an advocate of reciprocity. The reputed breach between Gen. Crespo and ex-President Paul has been healed, if, indeed, any serious differences ever existed. The threatened "counter revolution" alluded to in my former dispatches seems to have broken down hopelessly. The remnant of Urdaneta's forces at Maracaibo have dispersed, and Urdaneta himself has fled to Trinidad. At Barcelona, in the State of Bermudez, there was at last accounts a remnant of some two thousand troops of the former government under command of Gen. Monagas; but they were closely besieged by a force of 6,000 men under command of one of Crespo's generals, and the capitulation of the city was momentarily expected. The probabilities all are that every part of the Republic is now in the undisputed possession of the revolutionary forces. Public confidence has been restored, and already business has begun to revive. On the 8th instant I had a personal informal conference with Gen. Crespo at his own solicitation. He said he had sought it in order to acquaint me with his hopes and plans for the future, and for the purpose of soliciting my moral support in his efforts to establish order and good government. I thanked him for his flattering manifestation of confidence, and said it would afford me pleasure to be of any service consistent with my official position and duty to my government. He said he had assumed the executive power of the nation only from necessity, that he had established a de facto government which was intended to represent the dominant public sentiment of the country; that his government was without the semblance of opposition, and none was anticipated; that he had 25,000 men under arms in different parts of the country, 8,000 of whom were then in Caracas; that he had the power and purposed to carry out international obligations; that he felt partic ularly friendly towards the United States, and would be glad if I would at once formally recognize his government. I said I was already prepared to enter into provisional relations with his government for the transaction of current business, but that any question of formal recognition would have to wait the decision of my government. He said he had entertained the hope that in my quality of envoy extraordinary and minister plenipotentiary I might feel authorized to formally recognize his government de facto. I explained that formal recognition could be given only by special authorization through you from the President; but that I would keep you fully and accurately advised of the situation of affairs, and in due time notify him of your decision. After some further conversation I asked him whether it was his purpose to convoke the national congress and provide for a constitutional election of President. He hesitated a moment, and then said a meeting of the old congress was thought impracticable; that aside from getting all the members together (nearly half of whom were out of the country), it would probably become an element of discord rather than peace; that a constituent assembly of the several States would more accurately represent the present sentiment of the people, and that such an assembly would be convened at the capital in due time, and a constitutional government established. "Under the new constitution?" I inquired. "Yes," said he, "under the new constitution," from which I infer he intends his present de facto government to continue for some time, possibly until February, 1894. On the next day (the 9th instant) I cabled you. Your reply thereto was received on the 13th. On the 14th (the day after your telegram was received) I had another informal conference with Gen. Crespo, in which I stated that on the assurances he had given of his ability and disposition to fulfill all international obligations, I was authorized to recognize his new government, and only awaited his convenience to do so formally. On the 16th (Sunday) the minister of foreign affairs called at my house to say he would pass me the usual preliminary note on Tuesday, the 18th, and that immediately my note should be received the President would arrange for formal public audience. As the mail closes to-day at noon, I shall hardly expect the promised note in time to transmit the correspondence herewith. The delay is caused, I believe, by the President's desire to make the ceremonials as impressive as possible. It is understood, I believe, that Spain, Colombia, Brazil, Santo Domingo, and Salvador will follow. Meantime, on the 17th, at noon, I received your cablegram of that date, inquiring what action had been taken, a copy of which, together with my reply thereto, is herewith inclosed. I have, etc., WILLIAM L. SCRUGGS. No. 355.] Mr. Scruggs to Mr. Foster. LEGATION OF THE UNITED STATES. Caracas, November 18, 1892. (Received November 28.) SIR: By the published schedules of the American Red D Steamship Company, its vessels plying between New York and La Guayra |