Harvey to William H. Seward, April 26, 1866

Mr. Harvey to Mr. Seward.

Sir: Commander Harrell, of the United States ship Kearsarge, addressed me a letter from the “quarantine ground” on the 21st instant, which reached the legation on Sunday morning, the 22d, at half-past one o’clock, complaining of the unjust restraint imposed upon his ship, and asking my intervention to procure her release. I answered him immediately, with the best assurances that could be given under the circumstances, and despatched the reply to the ship by a special messenger.

A note representing the case was communicated to the minister of foreign affairs on Monday, the 23d instant, at 2 p. m. As no answer had reached me at noon yesterday, and as there was reason to fear delay and further inconvenience to the ship, from the tedious formalities too much practiced in this country, I determined to make a personal effort to attain the desired object by a visit to the minister, though almost unfit for any exertion whatever, in consequence of a painful indisposition. I requested our consul to accompany me, as he had been in constant communication with the Kearsarge. The Count de Castro was not to be found, and I then sent for the under-secretary for foreign affairs. The case was carefully explained to him in detail, and emphasis laid upon the facts, that the regular quarantine had expired; that a special physician appointed by the board of health had reported the ship ready for pratique and free from every sign of epidemical disease five days ago, and that if hesitation was now manifested on the part of the board of health to liberate the ship, owing to an excited public opinion, that board was itself responsible, since its visiting agent had spread the first alarm of “yellow fever,” when no such fact existed and when he had no possible means of establishing that prejudicial presumption. I concluded by asking the immediate release of the ship, or satisfactory reasons for her further detention, saying at the same time that if one or the other course was not pursued, I should feel bound to recommend a retaliatory quarantine on every Portugese vessel of commerce now in the ports of the United States.

I have the pleasure to inform you that the Kearsarge was liberated a few hours after this interview, and that I had a visit last evening from her commander to express his acknowledgments, although the reply of the minister of foreign affairs has not yet been received.

In this country the council of health is an organization almost independent of the government, and is sometimes unnecessarily rigid in its precautionary measures. The public mind being sensitive to every possibility of the presence of epidemics, caused by repeated and sad experience, is naturally inclined to sustain whatever sanitary regulations may be adopted, without much considering the convenience or rights of those who have to endure them. While disposed in every way to submit to and to second all proper rules in this respect, it seemed to me more than unreasonable that the Kearsarge should be subjected to an arbitrary and exceptional discipline, without the color of a sufficient cause according to the reports of the chosen officials of his Majesty’s government. Hence the representation which I felt it to be my duty to make on this subject.

All the correspondence is herewith transmitted, in order that the exact facts may be seen and appreciated by the department.

I have the honor to be, sir, your obedient servant,