6. That the members of the circus company with whom he came from the United States to Australia, and thence to Montevideo, are widely scattered and gone, and he has seen none of them since his impressment into service. That during his service with the circus at Montevideo he had charge of a herd of zebras, which attracted much attention, and wherein he met many people of the city, some of whom would recognize him by reason of his color and his inability then to speak the language of the country-Spanish. That his service in the livery stable on San Jose street may also be established by proper examination by the representatives of the United States. 7. That his sister, Annie Dick, and his brother, Thomas Dick, are now and were then residents of Citrus, Ala. and that one Andrew Knight there resident, a a painter, is also named as being acquainted with, and many others could be named by the petitioner. Wherefore the said John B. Dick prays that his rights as an American citizen be established, that he be discharged from the military service of the Republic of Uruguay; so held in contravention of the rights and privileges of an American citizen, humble though he may be, and that he may be permitted to go his way in peace, and earn his livelihood where it may honestly come to his hand. Respectfully submitted on behalf of petitioner Dick. [SEAL.] ALBERT W. SWALM, United States Consul. Mr. Roroteo Garcia Lagos, clerk in the consulate of the United States, says that he recognizes the colored man who gives his name as John B. Dick as being the same man who was in charge of a herd of zebras, shown in connection with the circus, some three years ago in this city. He was looking at the herd, and spoke English, in a beginner's way, to the man now before him. His personal characteristics-being very black, round headed, and decidedly African in face, form, and features, makes his recognition easy as being the same man in charge of the herd, as stated. To which fact other young man who was with him would cheerfully attest. [Inclosure 2 in No. 84.] MONTEVIDEO, October 13, 1898. His Excellency JACOBO A. VARELA, Minister pro tempore for Foreign Affairs, The Republic of Uruguay, Montevideo. SIR: Herewith please find a declaration of the colored soldier, John B. Dick, now belonging to the Fifth Cavalry of the Uruguay army, setting forth a series of facts in support of his claim that he is a bona fide citizen of the United States and entitled to recognition as such. His declaration was made before United States Consul Swalm in this city, and is in part corroborated by the clerk at the consulate. Dick makes out a plausible case, and I trust you will give his representations due weight, recognizing the principle which obtains in matters of this character that what is alleged as true is to be taken and accepted as truth unless it can be shown to be false. I have the honor to be, your excellency's obedient servant, Col. ALBERT W. SWALM, [Inclosure 3 in No. 84.] MONTEVIDEO, October 13, 1898. United States Consul, Montevideo. DEAR SIR: I have translated into Spanish your communication dated the 9th of October, setting forth the facts in which the colored soldier, John Baker Dick, relies to establish his assertion that he is a bona fide citizen of the United States, and forwarded the same to the Hon. Jacobo A. Varely, minister pro tempore for foreign affairs of the Republic of Uruguay. With your communication I also forward to Minister Varela the statement of the consular clerk, Garcia Lagos, who certifies that he recognizes Dick as the man who was in charge of a herd of zebras that were exhibited in Worth's American circus. Very truly, yours, Mr. Finch to Mr. Day. WILLIAM R. FINCH. LEGATION OF THE UNITED STATES, SIR: The within correspondence refers to the case of the colored soldier John B. Dick, a member of the Fifth Regiment, Uruguay Cavalry, who recently deserted. Later he solicited the assistance of the United States consul here, claiming exemption from military duty on the ground that he is an American citizen and had been "pressed" or conscripted into the Uruguayan army and there held against his will. The cousul referred the case to me, and I presented it to the minister for foreign affairs. The result was an honorable discharge for Dick and full pay. Respectfully, WILLIAM R. FINCH. [Inclosure 1.] [Translation.] Mr. WILLIAM R. FINCH, MINISTRY OF FOREIGN AFFAIRS, Envoy Extraordinary and Minister Plenipotentiary of the United States. MR. MINISTER: I have the honor to inform your excellency, in response to your notes dated the 7th and 13th instant, that the minister of war and marine has given the necessary orders for the dismissal of the man John B. Dick from the Fifth Regiment of Cavalry, Uruguayan army, together with full pay and proper discharge papers. I avail myself of this opportunity, [Inclosure 2.] JACOBO A. VARELA. LEGATION OF THE UNITED STATES, Señor JACOBO A. VARELA, Minister pro tempore for Foreign Affairs, The Republic of Uruguay. SIR: I have inuch pleasure in acknowledging the receipt of your communication dated the 17th instant, in which you state that the honorable minister of war and marine has ordered the dismissal of the colored soldier John B. Dick from the military service of Uruguay with full pay and proper discharge papers. Your excellency's note advising me of the action of the honorable minister came to hand this forenoon, and I hasten to thank you for so promptly responding to my representation in Dick's behalf, and through you, if you will allow me, permit me to thank the honorable minister of war and marine for so cheerfully and promptly releasing the soldier the moment he was convinced that his claim to United States citizenship was fairly well founded. Dick's discharge by the Uruguayan Government, under circumstances not calculated to inspire a sentiment of generosity, is additional evidence that it never hesitated to act the part of honor and magnanimity toward the deserving individual, no matter how humble or insignificant he may be. Allow me also, your excellency, to assure you that I attribute to your high sense of honor, fairness, and justice the happy termination of this case, which has resulted satisfactorily to all concerned. Your obedient servant, [Inclosure 3.] WILLIAM R. FINCH. Col. A. W. SWALM, UNITED STATES LEGATION, Montevideo, October 19, 1898. United States Consul, Montevideo, Uruguay. DEAR SIR: Monday, the 17th instant, you were at the legation, and in speaking of the colored soldier John B. Dick, who deserted from the Uruguayan army, I understood you to say you had supplied him with an "underground railroad" ticket or pass to Buenos Ayres, Argentina, for which you paid $300, and $10 for pocket money. This is the man who claimed exemption from service in the Uruguayan army on the ground that he is an American citizen. His claim was duly presented to Hon. Jacobo A. Varela, minister pro tempore for foreign affairs, and on the 19th instant I had the honor to receive a note from Mr. Varela, stating that Dick had been honorably discharged from the service, given his proper papers, and pay in full. This was an example of generosity not to have been expected, the man having deserted before presenting his claim to United States citizenship, after a service of two years in the army without, so far as I could learn, making so much as a simple protest. I have thanked the Uruguayan Government through Mr. Varela for its liberality and forbearance, and write you as I do now since you were, apparently, at the time you fitted Dick out with the "underground railroad" ticket to Buenos Ayres, and the loan or present of $10 pocket money, not aware that he had been duly discharged from the Uruguayan army and given his pay in full. Very truly, Mr. Finch to Mr. Day. WILLIAM R. FINCH. Hon. WILLIAM R. DAY, LEGATION OF THE UNITED STATES, Secretary of State, Washington. SIR: On the 22d instant Colonel Swalm called at the legation and said, substantially, in response to mine of the 19th instant, that when the colored soldier John B. Dick applied to him (Swalm) for protection, he (Swalm) took the man under his care and placed him in a boarding house, becoming security for his board. After getting the colored man safely settled he (Swalm) called upon Vice Consul Howard and directed him to go to the Uruguayan secretary of war and say to him that Dick was undoubtedly an American citizen and unless he was released the United States Government would file a reclamation and demand damages for unlawful detention. The consul further stated that he had previously satisfied himself that Dick was an Alabama negro and that he should be immediately released. Colonel Swalm then placed the facts and the case in my hands, with the result heretofore stated. Colonel Swalm also further stated that he paid the colored soldier the amount due him from the Uruguayan Government, taking his receipt therefor and turning it over to the Uruguayan minister of war, at whose instance and request he acted. Possibly I have embodied in my report of this case to the Department more phases and detail than is usually customary or necessary, but the circumstances and incidentals seem to warrant placing all the facts and phases before you for convenient reference, in the event that the matter should at any future time be the subject of further correspondence. Respectfully, WILLIAM R. FINCH. VENEZUELA. WAR WITH SPAIN. Mr. Sherman to Mr. Loomis. [Telegram.] DEPARTMENT OF STATE, Washington, April 21, 1898. Ultimatum served yesterday through Spanish minister here and by instruction to United States minister, Madrid. Spanish Government broke off diplomatic relations before latter could communicate. This Government is now free to act as though refused. War appears inevitable. You will be at once advised. SHERMAN. Mr. Andrade to Mr. Sherman. LEGATION OF THE UNITED STATES OF VENEZUELA, Washington, April 23, 1898. SIR: I have the honor to acknowledge the receipt of the communication of the 22d instant, in which your excellency inserts the rules which the Government of the United States proposes to observe in the case, now imminent, of hostilities with Spain, and to inform you that I have, by to-day's mail, communicated its contents to my Government. I avail myself, etc., JOSÉ ANDRADE. Mr. Andrade to Mr. Sherman. LEGATION OF THE UNITED STATES OF VENEZUELA, Washington, April 25, 1898. SIR: I have the honor to acknowledge the receipt of the communication of your excellency of the 23d instant, together with the three printed copies inclosed therein and which you mention, of the procla mation of His Excellency the President of the United States, declaring the institution of a blockade of the northern coast of Cuba, between Cardenas and Bay Honad, and of the port of Cienfuegos to the south of that island. I have the honor to thank your excellency for your attention, and to renew the assurances of my perfect consideration. JOSÉ ANDRADE. |