Page:Vol 5 History of Mexico by H H Bancroft.djvu/799

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A NAVAL EMBROGLIO.
779

claimed the captured ship Concepcion, but no heed was paid to the demand. The commander of the French naval force protested against the Saratoga's interference in the affairs of Mexico, which he called an unlawful precedent. Marin was put in jail in New Orleans, and subsequently released on bail. On the 27th of March, calling himself a jefe de escuadra, or rear-admiral of the Mexican navy, he entered a similar protest.[1]

The action of Captain Jarvis had been in obedience to the orders of his government to recognize no blockade of Mexican ports by the reactionists. He was also instructed to land from his ships such an armed force as might be deemed sufficient to afford protection to United States citizens.

The right of the United States government to interfere between the belligerents to hinder their free action, or of their war ships to attack and capture Marin's squadron, is not at all clear. Notwithstanding the approval of Jarvis' course by the president, the United States district court at New Orleans declared the capture of Marin's ships illegal, and decreed immediate restoration. Nothing was said of damages, Marin having waived them. That was right enough, but meanwhile Miramon had been deprived of the services of the ships as well as of the war material they had brought for him.[2]

The besiegers prosecuted their operations without interruption from sallies of the besieged, though

  1. The Spanish legation at Washington also protested, and demanded the restitution of the Marqués de la Habana, and satisfaction to his flag. Full particulars on this affair may be obtained in Rivera, Gob. de Méx., ii. 572-3, 600; Córtes, Diario Cong., i. ap. 5, no. 4, 30, ii. no. 28, 402-4; U. S. Govt Doc., Cong. 36, Ses. 1, Sen. 9; Diario de Avisos, March 17, 19, 24, Apr. 10-30, May 3, 4; Lefêvre, Le Mexique, 132-59; Zamacois, Hist. Méj., xv. 373-89, 963-73.
  2. Their cargoes consisted of 1,000 fourteen-inch bombs, 2 brass mortars, 4,000 stand of arms for infantry, and upwards of 60,000 rations. The expenses of the expedition were no less than $300,000, the Marqués de la Habana costing $130,000, and the General Miramon $70,000. Rivera, Hist. Jalapa, v. 301-6; Diario de Avisos, July 10, 14, 23, 1860.