To George Borrow, Esq.

British Consulate, Cadiz, January 27th, 1840.

My dear Sir,—I received on the 19th your very acceptable letter without date, and am heartily rejoiced to find that you have received satisfaction for the insult, and that the Alcalde is likely to be punished for his unjustifiable conduct. If you come to Cadiz your baggage may be landed and deposited at the gates to be shipped with yourselves wherever the steamer may go, in which case the authorities would not examine it, if you bring it into Cadiz it would be examined at the gates—or, if you were to get it examined at the Custom House at Seville and there sealed with the seal of the Customs—it might then be transhipped into the steamer or into any other vessel without being subjected to any examination. If you take your horse, the agents of the steamer ought to be apprized of your intention, that they may be prepared, which I do not think they generally are, with a suitable box.

Consuls are not authorised to unite Protestant subjects in the bonds of Holy Matrimony in popish countries—which seems a peculiar hardship, because popish priests could not, if they would—hence in Spain no Protestants can be legally married. Marriages solemnised abroad according to the law of that land wheresoever the parties may at the time be inhabitants are valid—but the law of Spain excludes their priests from performing these ceremonies where both parties are Protestants—and where one is a Papist, except a dispensation be obtained from the Pope. So you must either go to Gibraltar—or wait till you arrive in England. I have represented the hardship of such a case more than once or twice to Government. In my report upon the Consular Act, 6 Geo. iv. cap. 87—eleven years ago—I suggested that provision should be made to legalise marriages solemnised by the Consul within the Consulate, and that such marriages should be registered in the Consular Office—and that duly certified copies thereof should be equivalent to certificates of marriages registered in any church in England. These suggestions not having been acted upon, I brought the matter under the consideration of Lord John Russell (I being then in England at the time of his altering the Marriage Act), and proposed that Consuls abroad should have the power of magistrates and civil authorities at home for receiving the declarations of British subjects who might wish to enter into the marriage state—but they feared lest the introduction of such a clause, simple and efficacious as it would have been, might have endangered the fate of the Bill; and so we are as Protestants deprived of all power of being legally married in Spain.

What sort of a horse is your hack?—What colour? What age? Would he carry me?—What his action? What his price? Because if in all these points he would suit me, perhaps you would give me the refusal of him. You will of course enquire whether your Arab may be legally exported.

All my family beg to be kindly remembered to you.—I am, my dear sir, most faithfully yours,

J. M. Brackenbury.

There is a young gentleman here, who is in Spain partly on account of his health—partly for literary purposes. I will give him, with your leave, a line of introduction to you whenever he may go to Seville. He is the Honourable R. Dundas Murray, brother of Lord Elibank, a Scottish nobleman.