James E. Harvey to the Count de Castro, April 23, 1866

Mr. Harvey to Count de Castro.

Monsieur le Ministre: I have the honor to transmit with this note a copy of a letter addressed to me by the commander of the United States steamship Kearsarge, complaining of the illegal detention of his ship at quarantine, under circumstances of peculiar hardship and wrong.

The Kearsarge left this port in the month of February, for a cruise to the coast of Africa. While at Sierra Leone, the fever peculiar to that country manifested itself on board with great violence, and in the course of ten days carried off fourteen of the officers and crew, the last death occurring on the 28th of March.

The commander of the ship as soon as was practicable quit that unhealthy region, and sought a change of latitude. Immediately upon meeting the trade winds on his return towards the continent of Europe, the fever disappeared as suddenly as it had assailed the ship, and the last man attacked (on the 25th March) recovered, and is now perfectly well.

Under these circumstances the Kearsarge returned to Lisbon on the 11th instant. Upon being visited by health officer, a complete and faithful report of the facts was made to him, and he, without seeing a case, (for there was none on board,) assumed to pronounce the disease “yellow fever,” and through that assumption has spread the unfounded and exaggerated rumors in the newspapers and through the community, to the great injury and inconvenience of the ship.

I forbear now from commenting upon the extraordinary proceeding of this health officer, in pretending to pronounce upon the character of a disease which he had no possible means of verifying, and of thus circulating reports calculated to excite alarm and prejudice.

A quarantine of eight days was ordered, in order to establish the fact whether or not there was any vestige of fever in the ship. That restraint expired on the 18th instant, and instead of free pratique being granted, a special physician, Dr. Francisco M. de Souza, was detailed to examine the ship and crew, and to make a formal report. I am advised that report was entirely satisfactory, and declared the ship perfectly prepared for pratique. Yet, in spite of these precautions, the Kearsarge is not only still detained at quarantine, but the most unusual and objectionable proceeding is adopted of sending a physician on board daily, as if to authenticate the official statement of the commander and surgeon of the ship.

It is proper for me to draw the attention of your excellency to the material points of this case, as it may assume another phase hereafter, because, although every nation has an undoubted right to impose its own sanitary regulations, and to protect the public health, other nations have also rights under treaty and established usage, which may not be ignored by boards of health arrogating to themselves a capricious exercise of power.

1.The last case of fever on board the Kearsarge occurred on the 25th of March, (a month ago, within one day) and the man attacked is now entirely well.

2.That the eight days of regular quarantine imposed by law or regulations expired on the 18th instant, and that no cause of any kind has been shown for refusing pratique.

3.That five additional days (including the present) have elapsed since the term of legal restraint expired on the 18th instant, without the least manifestation of fever or epidemical disease.

4.That the daily official reports prove the sanitary condition of the ship to be that of an ordinary man-of-war, with a corresponding compliment of officers and crew.

5.That the inspection made by a special physician, ordered by his Majesty’s government for that purpose, reported the ship to be in all respects fit for pratique, and in a healthy state five days ago, and that that report and the facts have been disregarded to the serious detriment of the ship and that of the officers and crew, who are thus subjected to a harsh and unjustifiable imprisonment.

It becomes my duty under these circumstances to ask for the immediate release of the Kearsarge from quarantine, or the exact reasons for her enforced detention, and to notify his Majesty’s government that reclamation will be made for the injuries and losses resulting from the restraint imposed on the ship beyond the regular and established period of quarantine.

I avail myself of this opportunity to renew the assurances of my most distinguished consideration.