A few days after the decree of the 20th of June was published, the
Costa Rican schooner, San José, commanded by Gilbert Morton, entered
the port of San Juan del Sur. She had been purchased from her former
owner, Alvarado, by Mariano Salazar, and he had made Morton nominal
half-owner of the schooner, supposing she might thereby get the right
to carry American colors. The American vice-consul at Realejo, one
Giauffreau, gave the schooner what Morton called a sailing letter; and
the vice-consul, according to all accounts, was either so ignorant or
so neglectful of his duties as to permit the vessel to fly the American
flag and to be cleared from the port of Realejo under this pretended
sailing letter. The commandant at Chinandega, a Cuban, by the name of
Golibard, had been ordered away by Rivas because he refused to forsake
the Americans; and Golibard was aboard the San José when she arrived
at San Juan del Sur. Morton, thinking he could impose on the port
authorities with his sailing letter from Giauffreau, had not hesitated to
enter the harbor; and he, as well as Salazar, supposed they might, under
the American flag, drive a profitable trade with the schooner during
hostilities between Nicaragua and the other States.
But the San José had not been many hours in the port of San Juan before
she was seized, the charge against her being that she was without a flag
and without lawful papers. The schooner was American-built and had passed
from the flag of the United States to that of Costa Rica. Even if she had
then been re-sold to an American citizen she could not have recovered her
original character without an act of Congress. Morton, after the seizure,
appealed for relief to the U. S. States Minister at Granada: but on a
careful examination of the subject Mr. Wheeler was satisfied that the
schooner, far from being entitled to protection by American authority,
was really amenable for an abuse of the American flag. The San José was,
therefore, condemned by a court of admiralty jurisdiction at the port
of San Juan; and being forfeited to the government of Nicaragua, she
was converted into a schooner-of-war, bearing the flag of the Isthmian
Republic.
Public-domain text, read in full here on John Shaqi.
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