The Cruise of the Alabama and the Sumter / From the Private Journals and Other Papers of Commander R. Semmes, C.S.N., and Other Officers

by Raphael Semmes

CHAPTER IX.

Cadiz harbour—Notice to quit—Local authorities—Wisdom—The Queen of Spain—Docked—Under repair—Deserters—The honour of the flag—The Neapolitan—The Investigator—Gibraltar—Official visits—Up the rock—A legend—Neutrality again—Consular diplomacy—Blockaded—The Tusoarora—Seven in pursuit.

During the stay of the Sumter at Cadiz, and her subsequent arrival at Gibraltar, Captain Semmes made the entries in his Journal which will be found in this chapter.

Saturday, January 4th.—Harbour of Cadiz—ancient Gades—with its Moorish houses and feluccas, or latteen vessels. Some fine oranges alongside—the product of this latitude, 36° 32' N., about the same parallel with Norfolk, Virginia. It is one hundred and eighty-eight days to-day since we ran the blockade at New Orleans, and of this time we have been one hundred and thirty-six days at sea. We are informed this evening that the question of our being admitted to pratique (and I presume also the landing of our prisoners) has been referred to Madrid by telegram.

Sunday, January 5th.—Sky partially overcast, with a cool north wind. Thermometer 56°. Early this morning the health officer came alongside, and brought me the order from the Government to depart within twenty-four hours, and a tender of such supplies as I might need in the meantime. I replied as under:—

C.S. Steamer Sumter, Cadiz,
January 5, 1862.

SIR,—I have had the honour to receive, through the health officer of the port, an order from the Government of Spain, directing me to proceed to sea within twenty-four hours. I am greatly surprised at this unfriendly order. Although my Government has not yet been favourably recognised by Spain, it has been declared to be possessed of the rights of belligerents in the war in which it is engaged; and it is the practice of all civilized nations to extend the hospitality of their ports to the belligerents of both parties alike—whether the belligerents be de facto or de jure. I am aware of the rules adopted by Spain, in common with the other great powers, prohibiting belligerent cruisers from bringing their prizes into her ports; but this rule I have not violated. I have entered the harbour of Cadiz with my single ship, and I demand only the hospitality to which I am entitled by the law of nations—the Confederate States being one of the de facto nations of the earth, by Spain's own acknowledgment, as before stated. I am sorry to be obliged to add, too, that my ship is in a crippled condition. She is damaged in her hull, is leaking badly, is unseaworthy, and will require to be docked and repaired before it will be possible for her to proceed to sea. I am therefore constrained, by the force of circumstances, most respectfully to decline obedience to the order which I have received, until the necessary repairs can be made. Further, I have on board forty-three prisoners, confined within a small space, greatly to their discomfort, and simple humanity would seem to dictate, that I should be permitted to hand them over to the care of their consul on shore without unnecessary delay.

I have, &c. (Signed) R. SEMMES.

To his Excellency The Military Governor of the Port of Cadiz, Spain.

At 11.30, a boat with the Spanish flag anchored a short distance from me, evidently a guard upon my movements. The Yankees have been at work, no doubt, to bring all this about. The military governor is telegraphing my reply back, and we shall see what the answer will be.

I was mistaken in the above. The order to proceed to sea was begotten in the wise brains of the local authorities. My reply to it having been telegraphed to Madrid, the authorities were overruled; and the Queen despatched an order to permit me to land my prisoners, and to make such repairs as I needed. So this business, which has troubled us a couple of days, is at an end. This evening, just before dark, a Spanish steam-frigate came down from the Navy Yard, and anchored near us.

Monday, January 6th.—Last night I was aroused at 2.30 A.M., by a boat from the shore, with a note from the military governor, requesting me to delay proceeding to sea, that the benevolent intentions of her Majesty's Government in regard to me might be carried out. The "muddy heads" on shore had received a despatch from Madrid, in reply to my letter to them. Weather clear and bracing. Wind from the North. Thermometer at noon 59.° The steam-frigate disappeared somehow during the night. Protested, as under, against the presence of a health guard-boat:—

C.S. Steamer "Sumter,"
Cadiz, January 6th, 1862.

SIR,—I have had the honour to receive your Excellency's note of to-day, in which you inform me that the proceedings of the local authorities of Cadiz, commanding me to proceed to sea within twenty-four hours, have been overruled by the Government at Madrid, and that the Queen had graciously permitted me to land my prisoners, and to remain to put the necessary repairs upon my ship. Do me the favour to communicate to her Majesty my thanks for her prompt and friendly action in the premises.

In the meantime, allow me most respectfully to protest against the presence of the guard-boat which has been placed in surveillance upon my movements, as though I were an ordinary ship of commerce. Compliance with the laws of quarantine should be left with me as a matter of honour, and the presence of this boat implies the suspicion that a ship of war of a friendly Power could so far forget herself as to infringe the regulations of the port—a suspicion as unworthy the health authorities of the port of Cadiz as it is offensive to me.

I have the honour to be, &c. &c.

(Signed) R. SEMMES.

Señor Ignacio Mendez de Vigo,
Military Governor of the Port of Cadiz.

Tuesday, January 7th.—To-day I received a note from Senor de Vigo, the military Governor, informing me that the Queen's Government had consented to permit me to land my prisoners, and to remain for repairs. He puts my remaining, however, on the ground of necessity arising out of my crippled condition. Received also a reply from the Yankee Consul to my note about the prisoners: declined to receive it on account of its being improperly addressed.[5] Landed all the prisoners. Received another note from the Governor, requesting me to hurry my repairs, &c. Sent to the Captain of the port on the subject. Referred by him to Captain-General.

[Footnote 5:

CAPTAIN SEMMES, C.S.N., to U.S. CONSUL, CADIZ,

C.S. Steamer Sumter, Cadiz,
January 7, 1862.

Sir,—Your note of this morning having been sent off to me by a common boatman, I could not learn the name of the writer without breaking the envelope. Having done so, and ascertained it to be from yourself, I decline to receive it, as being improperly addressed. My address is as follows:—

COMMANDER H. SEMMES,

Confederate States Navy,
Commanding C.S. Steamer Sumter.
E.S. Eggleston, U.S. Consul.]

Wednesday, January 8th.—Complained to the Civil Governor of the Paymaster and Surgeon having been called alongside the guard-boat (whilst coming on board in a shore boat). Despatched a Lieutenant to San Fernando to see the Captain-General about docking the ship. He returned at nightfall, with word that the Captain-General would reply in the morning.

Thursday, January 9th.—Visited by Engineer of docks at San Fernando, to learn the extent of the repairs which we shall require, and to take the dimensions of the ship, to ascertain whether she can enter the only dock that is empty. A fine, clear day, with a pleasant wind from the N. Bar. 30'34., the highest that I have ever seen. No answer from the Captain-General yet (noon), as to our being docked. Besides the six ships which Mr. Welles says have been in pursuit of me—viz., the Powhattan, the Niagara, the San Jacinto, the Iroquois, the Keystone State, and the Richmond—the Ino and the Dacotah are also employed in this fruitless business. We are fairly in the hands of the circumlocution office. I suppose they are telegraphing Madrid. The greatest excitement prevails all over Europe to learn the result of the English demand for the Commissioners. The general impression is, that the Yankees will give them up, and that there will be no war. The packet from New York is expected in England to-day. In the meantime, Great Britain is calling home her ships of war; the Mediterranean fleet arrived at Gibraltar on January 2nd, and threw the commercial community into the greatest consternation. Received final permission this evening from the Captain-General to enter dock.

Saturday, January 11th.—Visited the shore. Cadiz full of life and bustle. Met Mr. Oliver; he is from the East. He says Russia is laying deep schemes for uniting the whole Sclavonic race under her rule; and that the cotton pressure is felt at Constantinople, up the Danube, and, in short, all over Eastern Europe. Received permission from the Governor to land the marine who was sentenced by court-martial to be discharged. News of the great fire in Charleston. Rumour that the Yankees have given up the Commissioners. Can scarcely credit it as yet. Yankee-dom can hardly have fallen so low.

Sunday, January 12th.—Landed the discharged marine. The news that Messrs. Mason and Slidell have been given up appears to be confirmed. The subtle diplomacy, notifying the Yankee Government unofficially, that the ultimatum would be withheld a short time, to allow them time to give up the prisoners voluntarily, was resorted to! The Yankee Consul here gave a dinner on the occasion! The Cadiz papers comment very unfavourably upon this back-down, and insist that notwithstanding, it is the duty of the great Powers to interpose and put an end to the war. In the afternoon we got under way, and passing through the fleet of shipping, went up to the dock at Caracca, some eight miles east of the city. The harbor is perfect, the water deep, and the buildings extensive. The pilot who took me up, says he is the man to run me out by the enemy, when I am ready—that he was in New Orleans sixty years ago, and remained a year in Louisiana, where he learned to speak the language, which he has not yet entirely forgotten.

Monday, January 13th.—At about 10 o'clock the dockyard people came on board of us, and at 10.30 we were safely docked, and at noon the dock pumped dry. We suffered very little damage from running ashore at Maranham. We indented a small place under the forefoot, and knocked off only a small portion of our false keel instead of the whole of it, as we supposed. We are now knocking away bulk-heads, and removing magazine and shell room to get at the shaft. At 1 P.M. called officially upon the Naval-Commandant, and returned him my thanks for the handsome manner in which he had docked my ship. I spoke of the back-down of the Yankees, which he asserted would make them lose caste in Europe. The great fire at Charleston was alluded to by him, whereupon I remarked that Europe could see from this incident—(the work of incendiarism prompted and paid for, no doubt, by the enemy)—the barbarous nature of the war waged upon us, and told him we were in fact fighting the battles of Spain as well as our own; for if the barbarians of the North succeeded in overcoming the South (which, however, I pronounced an impossibility), and destroying our slave property, in their wild fanaticism and increasing madness, they would next make war on Cuba and Porto Rico. He replied that this war could not continue much longer; there were people and territory enough in North America to make two great governments, and Europe would, no doubt united, soon interpose. I was treated with great civility and kindness.

Tuesday, January 14th.—* * * Had an interview to-day with the Naval-Commandant, who explained to me the orders he had received from the Government in relation to my ship, which were to put upon her only the indispensable repairs, without essential alterations. I expressed myself satisfied with this; told him I knew the solicitude of his Government to avoid complication; and, that so far as depended upon me, he might rely upon it that I would permit nothing to be done which might involve it in any way. Proceeding with the necessary repairs. Some thousand workmen, many of them convicts, are employed in this yard. They have in dock, receiving her copper, a heavy steam frigate constructed here, and another still larger on the stocks. Immense quantities of timber are in the docks, and though the water is salt it is not attacked by the worm, the ebb and flow of the tide preventing it. Timber which has been forty years in these docks is perfectly sound. Five of my seamen deserted yesterday—all foreigners, I am glad to say. The Commandant has promised to put the police on the scent, but I have no expectation I shall get them.

Wednesday, January 15th.—Having had the plank replaced in the bilge, and re-coppered and overhauled the propeller, we were let out of dock at 1 P.M. These repairs were done with a very bad grace by the Spanish officials, who seemed in a great hurry to get rid of us, lest the affair of our being docked should compromise them! This I suppose was due to official timidity, not to any want of good feeling, as the Commandant of the yard expressed to me his regret at not being able to put me in complete repair; personally offering to render me any service in his power. Our engine not being ready for use, the Captain-General sent a small steamer to tow me to Cadiz, where we anchored at about 4 P.M. Whilst lying in the dock, a stampede took place amongst my crew, nine of them having deserted. Two were brought back; the rest escaped. Some of these men had behaved themselves very well, but none of them, of course, had any attachment to the flag, not being natives, or, indeed, citizens at all, and, sailor-like, they had got tired, and wanted a change. Some, no doubt, shrank from the arduous and perilous duties of the service in which they had engaged. They took refuge with the Yankee Consul, and it was useless to ask to have them given up. The enemy is certainly good at burning cities by means of negro incendiaries, and at enticing away our seamen. Another lad ran away from a boat this evening. Have directed no boat should leave the ship without an officer, and that the officer be armed, and ordered to shoot any men who attempt to desert.

Thursday, January 16th.—Called my crew aft and had a talk with them about the bad conduct of their shipmates who had deserted. Told them I did not believe I had another man on board capable of so base an act; that men who could run under such circumstances would run from their guns; and that I did not want such, &c., &c.; and ended by telling them that when funds arrived they should be permitted to go on liberty. * * * At 9 P.M., the aide-de-camp of the Military Governor came on board, bringing a pilot with him, with a peremptory order for me to go to sea. I replied as under:—

C.S. Steamer Sumter, Cadiz, Jan. 16, 1862.

SIR,—I have the honour to inform you that whilst my ship was in the dock at Caracca eight of my seamen deserted, and I am informed that they are sheltered and protected by the United States Consul. I respectfully request that you will cause these men to be delivered to me, and to disembarrass this demand of any difficulty that may seem to attend it, permit me to make the following observations:—[6]

* * * * *

3. It has been, and is, the uniform custom of all nations to arrest and hand over to their proper officers, deserters from ships of war; and this without stopping to inquire as to the nationality of the deserter.

[Footnote 6: The paragraphs omitted, contain merely a recapitulation of the claim of the Confederate States to full belligerent rights.]

4. If this is the practice in peace, how much more necessary does such a practice become in war; since, otherwise, the operations of war—remote, it is true—but still the operations of war, would be tolerated in a neutral territory.

5. Without a violation of neutrality, an enemy's consul in a neutral territory, cannot be permitted to entice any seamen from a ship of the opposite belligerents, or to shelter or protect the same; for, if he is permitted to do this, then his domicile becomes an enemy's camp in a neutral territory.

6. With reference to the question in hand, I respectfully submit that the only facts which your Excellency can take cognizance of, are, that these deserters entered the waters of Spain under my flag, and that they formed a part of my crew. The inquiry cannot pass a step beyond, and Spain cannot undertake to inquire, as between the United States Consul and myself, to which of us the deserters in question more properly belong. Such a course would be tantamount to an interposition between two belligerents, and it would be destructive of the essential rights of ships of war in foreign ports, as well in peace as in war.

7. I am inclined to admit that if a Spanish subject serving under my flag should escape to the shore, and should satisfy the authorities that he was held by me by force, and either without contract, or in violation of contract, that he might be set at liberty, but such is not the present case. The nationality of the deserters not being Spanish, Spain cannot, as I said before, inquire into it. To conclude, the case which I present is simply this:—Several of my crew, serving on board my ship under voluntary contracts, have deserted, and taken refuge in the consulate of the United States. To deprive me of the power, with the assistance of the police, to recapture these men, would convert the consulate into a camp, and the consul would be permitted to exercise the right of a belligerent on neutral territories.

I have the honour to be, &c., &c.

(Signed) R. SEMMES.

Exmo. Sr. Don J. Mendez de Vigo,
Military Governor, Cadiz.

Friday, January 17th.—Before I had turned out this morning the Governor's aid again came on board, stating the order was made peremptory, that I should go to sea in six hours, or I should be forced. I called in person on the Governor, a not over bright official, and endeavoured to make him understand how I was situated, but it seemed impossible. He promised, however, to send a despatch to Madrid, to the effect that I had no coals, and was awaiting funds to procure the same; but, he added, if he received no despatch in the six hours he should require me to depart. I returned on board, and gave the necessary orders to get ready for sea. At 4 P.M., whilst I was weighing my anchor, the General's aide came alongside, and said to me that the Madrid Government had consented to let me remain twenty-four hours, that a despatch was being written to me on the subject, to which the Governor desired that I would reply in writing. I told the officer that, if his Government had politely acceded to my request, permitting me to remain until my funds arrived, I could have appreciated it; but that being restricted to forty-eight hours, I declined to avail myself of the privilege, and should go to sea; and that the General need not trouble himself to read me the written despatch, as I had no other reply to make. I got under way in a few minutes afterwards, and as I was passing out a boat was seen pulling in great haste towards me, one of the crew holding up a letter in his hand. I did not stop to receive it; I felt too indignant at the manner in which I had been treated to be very civil. We passed outside of the harbour a little before sunset, and held on to the light until midnight, when we steamed for the Strait of Gibraltar.

Saturday, January 18th.—* * * * We entered the Strait of Gibraltar at about 5 A.M., passing the Tarifa Light, and with the bold shores of both Africa and Europe in plain sight, in the bright moonlight—bright, notwithstanding the passing clouds. We made the Gibraltar light about daybreak, and saw at the same time a number of sail. We gave chase to two that looked American, which they proved to be, and which we captured. The first was the barque Neapolitan, of Kingston, Massachusetts, from Messina to Boston, laden with fruit and fifty tons of sulphur. The whole cargo was stated by the master, in his depositions, to belong to the Baring Bros., consigned to their agents in Boston—a falsehood, no doubt. Without stopping to look into the bona fides of this claim of neutral ownership, it was enough that the sulphur was contraband, and that the fruit belonged to the same owner; I destroyed both ship and cargo. No papers as to the latter were produced. The second vessel was also a barque, the Investigator, of Searsport, Maine. She being laden with iron ore, the property of neutrals (Englishmen), I released her on a ransom bond; she was bound to Newport, Wales. One fourth of the vessel was owned in South Carolina, and the share of the South Carolina owner was omitted from the ransom bond—amount of bond being less one-fourth fifteen thousand dollars. Having burned the Neapolitan, I steamed in for Gibraltar at 2.30 P.M. Passed under Europa point at about dusk, and stood in, and anchored in the bay at about 7.30 P.M. Boarded in a few minutes by a boat from an English frigate, with an offer of service. Sent a boat alongside the health ship.

Sunday, January 19th.—We found early this morning we had pratique. A number of English officers and citizens came on board. At 10 I called on board the frigate that had sent the boat on board of us last night, but was informed that the Captain (who was absent) was not the commanding officer present, and that the latter lived on shore. At 2 P.M. I landed at the arsenal and called upon the commanding naval officer, who received me very politely. I asked the loan of an anchor, having but one, and the Captain promised to supply me with one if there should be no objection on the part of the law officers of the Crown! Walked from the Captain's little oasis—scooped out as it were from the surface of the Rock, with a nice garden-plot and trees, shrubbery, &c.—down into the town, and called on Lieutenant-General Sir W.J. Codrington, K.C.B., the Governor, an agreeable type of an English gentleman of about fifty to fifty-five years of age. The Governor tendered me the facilities of the market, &c., and in the course of conversation said he should object to my making Gibraltar a station, at which to be at anchor for the purpose of sallying out into the Strait and seizing my prey. I told him that this had been settled as contrary to law by his own distinguished judge, Sir William Scott, sixty years ago, and that he might rely upon my taking no step whatever violative of the neutrality of England, so long as I remained in her ports, &c. The garrison is about seven thousand strong, and it being Sunday, the parade-ground and streets were thronged with gay uniforms. Spain, with her hereditary jealousy and imperiousness of character, is very formal and strict about intercourse with the Rock. The Duke of Beaufort visited us to-day.

Monday, January 20th.—Very fresh, threatening a gale. Ship reported as having dragged her anchor. Ordered steam to be got up and the berth shifted. Ran in nearer to the eastern shore into four fathom water and where it was smoother.

Tuesday, January 21st.—The westerly wind is bringing a fleet of ships into the bay. To-day Colonel Freemantle came on board to return my visit on the part of the Governor, and to read to me, by the latter's direction, a memorandum of the conversation which had passed between us on Sunday. The points noted were—first, that we had agreed that I should receive all necessary facilities for the repair (from private sources) and supply of my ship, contraband of war excepted; and, secondly, that I would not make Gibraltar a station at which to lie at anchor, and sally out upon my enemy. I assented to the correctness of the Governor's memorandum. The first Lieutenant and Paymaster ashore making arrangements for the purchase of an anchor and chain. The house of Peacock and Co. refused to supply us, because it would offend their Yankee customers. They made arrangements with another party. The town of Gibraltar, from the fact that the houses are built on the side of the Rock, and stand one above the other, presents the beautiful spectacle every night of a city illuminated. Colonel Freemantle politely requested me to visit the various batteries, &c.

Wednesday, January 22nd,—Wind still from westward. Received on board an anchor and chain. Received a letter from Captain Warden, on a point of international law, to which I assented—to wit, that vessels should have twenty-four hours' start.

Thursday, January 23rd.—Visited by Captain Warden, the Senior Naval Officer. Received a letter from Hon. Mr. Yancey, who does not believe that the blockade will be raised for three months. Ordered a survey upon the ship.

Friday, January 24th.—Invited to dine with the 100th, a Canadian regiment. Some of the officers went. Captain Palmer has been relieved by De Camp.

Saturday, January 25th.—We hear a rumour that the Nashville has been sold. Ships constantly arriving and departing.

Sunday, January 26th.—A charming, balmy day, resembling April in Alabama. At 10, went on shore to the Catholic church; arrived as the military Mass ended: many Catholics in the army. Small church, with groined arches—remnant of Spanish times. After church took a delightful stroll into the country, just above the Alameda. It is a labyrinth of agave and flowers and shrubbery, among which the path zigzags up the mountain-side; geraniums, and jonquils, and mignonette, and lilies are wild. One is only surprised, after looking at the apparently barren face of the rock, to find so much sweetness of Mother Earth. I clambered up a couple of hundred feet, and from that height the bay, the coasts of Spain, and sleeping Africa, robed in the azure hue of distance, and the numerous sail, some under way, and others lying like so many cock-boats, as seen from the height, at their anchors—the latteen craft speaking of the far East, &c. Statue of General Elliot. A number of fine-looking Moors in the streets, picturesque in their loose dresses and snowy turbans. Gibraltar is, indeed, a city of the world, where one sees every variety of costume, and hears all tongues. Spanish is the predominant language among the commercial classes. Major-General Sir John Inglis (the hero of Lucknow), of the English army, Governor of Corfu, having arrived on his way to the Ionian Islands, visited us to-day to see our ship, which he was kind enough to say had become "quite distinguished."

Monday, January 27th.—A general exodus of the shipping this morning out of the Straits, within which they had been detained some ten days by a head wind. The English mail steamer from Southampton arrived. Received from her a Times of the 20th, from which we learn that England had protested against the barbarity of blocking up the harbour of Charleston, by sinking a stone fleet. We feel some anxiety for the safety of Messrs. Mason and Slidell, they having embarked on board the English gunboat Rinaldo, at Princetown, on the 2nd instant, and not having been heard of on the 10th, although bound to Halifax. A heavy gale blew on the eve of their embarkation.

Tuesday, January 28th.—Preparing the ship for sea, surveying machinery, and impatiently awaiting news from London.

Wednesday, January 29th.—Visited the shore, and went to the Military Library and Reading Room, where I found the principal London journals. Reported that the English Government will consult Parliament about recognising us. Took a long stroll to the east end of the Rock—exceedingly broken and picturesque. Came upon a Moorish burying-ground, looking out upon Africa. Some of the marble slabs had become almost disintegrated by the weather, so old were they. What a history of human affections, hopes, aspirations, tribulations, and disappointments lay buried here! New works, adding additional strength to this renowned fortress, are still going on. * * * *

Thursday, January 30th.—* * * * Visited, in company with Colonel Freemantle, the famous fortifications, passing through the galleries—three tiers, one above the other—in the north end of the Rock. These are huge tunnels, extending from a third to half a mile, with embrasures from space to space for cannon—the solid Rock forming the casemates. From these galleries we emerged out on a narrow footway cut in the rock, and stood perpendicularly over the sea breaking at our feet, and had a fine view of the N.E. face of the Rock rising in a magnificent mass some 1500 feet. From this point a tower, called the Queen of Spain's Chair, was pointed out to me—on the height opposite, to the northward. The legend connected with which is, that during one of the sieges of 1752, the Queen of Spain came to this eminence to witness the assault and capture of the place, and vowed she would not descend therefrom until the flag of Spain should wave from the Rock. The assault failed, and the Queen in performance of her vow refused to descend, until the Governor of Gibraltar, hearing of the determination of her Majesty, sent her word that he would at a given hour hoist the Spanish ensign that she might descend. This was done, and the Queen was rescued from her predicament without breaking her word.

Having finished our inspection of the Rock, we went through the town, and passed out on to the neutral ground, from which I returned after a four hours' ride completely broken down. On the south end, under a perpendicular wall of rock, that in summer breaks the sun from an early hour in the afternoon, is the Governor's summer residence, to which he resorts for protection against the heat. We met his Excellency and lady, who had come out to look at their summer home, &c. Colonel Freemantle told me that the Spanish Consul, whom he pointed out as we passed the Alameda, had stated that I was a Spaniard, or at least that my father was—a native of Catalonia—that I spoke Catalan as well as English, and that my name was a common one in that province.

Saturday, February 1st.—Witnessed a review of about five thousand troops in the Alameda. Drums draped with black, and the ornaments of the officers covered with black crape in respect to the memory of the Prince Consort.

Sunday, February 2nd.—Received letters from N——, informing me, that as my ship was unseaworthy, Mr. Yancey had determined to send me the new one built at Liverpool, if I desired it.

Wednesday, February 5th.—A United States merchant ship came in and anchored. Ready for sea. Mr. Joyce came on board, and went afterwards with the Engineer on shore to look at some coal. Mr. Joyce sent word that he could not purchase any, there being a combination against us. Sent the First Lieutenant to the Governor to represent the facts to him, and to ask for a supply from the public stores. He replied he had no coal under his control, that it belonged to the naval officer, but that he did not think it could be supplied. Expressed his astonishment at the combination of the merchants. Sent a number of men on shore on liberty.

Friday, February 7th.—Liberty-men staying over their time. Two of them have deserted and gone over to the U.S. Consul. One of them has been badly beaten by the rest of the men. Eleven of them came on board later. Visited by a Spanish Lieutenant, who had been directed by the Spanish Naval Commander at Algeciras to see me and state that the U.S. Consul had complained to the Spanish government that I had violated the neutrality of Spain by capturing the barque Neapolitan within a mile and a half of Ceutra, on the Morocco coast, and that the Government had given the Admiral orders to see that both belligerents in the war should respect Spanish neutrality. I stated to him in reply that any question which the capture might present was a matter between our two Governments, and that I did not recognise the right of the Spanish Admiral to inquire into the matter. To this the Lieutenant assented. I then said that I would take the pleasure of showing him, however, for the information of the Admiral, that the truth had not been represented to his Government by the United States Consul. I then called my clerk, and showed him the deposition of the Master of the captured vessel, in which it was stated that the capture was made within five miles of Gibraltar! The officer seemed equally astonished and pleased, and expressed his satisfaction.

Saturday, February 8th.—Early this morning the British frigate Warrior came in, and anchored near us. Sent a Lieutenant on board to make the usual complimentary call. Awaiting the arrival of a vessel with coal, consigned to Mr. Joyce, who promises to supply us. My coxswain ran off to-day, and I was pulled off by a drunken crew.

Sunday, February 9th.—Did not go to church, but remained on board to be present at muster. Eleven of my vagabonds still on shore. Some of these, we learn, have gone to the United States Consul, and claimed his protection. This official has been seducing them off by an emissary. Wrote to the Governor charging this on the Consul, and wrote also to Captain Warden, asking to be supplied with coal from the Government dockyard.

C.S. Steamer Sumter, Bay of Gibraltar,
Feb. 10, 1862.

Sir,—I have the honour to state for the information of his Excellency the Governor of Gibraltar, that I am informed and believe that the United States Consul, at this place, has, by means of his emissaries, tampered with, and seduced from their allegiance, several of the crew of my ship who have visited the shore on liberty. The impropriety and illegality of such conduct is so manifest that I take it for granted his Excellency will interpose his authority for my protection. Great Britain, having proclaimed a strict neutrality in the war now pending between the United States and Confederate States, is under the obligation, I respectfully suggest, not only to abstain herself, from any un-neutral conduct, but to see that all persons whatsoever within her dominions so abstain. No act of war, proximate or remote, should be tolerated in her waters by the one belligerent against the other, or by any citizen or resident against either belligerent. His Excellency will doubtless concur with me in the justice and propriety of the rule thus stated. To apply this rule to the present case. Being prompted by motives of humanity to send my crew on shore, in small detachments, for exercise and recreation, after a long confinement on shipboard, my enemy, the United States Consul, sends his agents among them, and by specious pretences persuades them to desert their ship, and take refuge under his Consular flag. This Has been done in the case of the following seamen:—Everett Salmon, John G. Jenkins, Thomas F. Kenny, and perhaps others. Here is an act of war perpetrated against me in neutral territory, and the consular residence, or office, has become quoad hoc a hostile camp. And this conduct is the more objectionable in that the nationality of most of these men is not American. His Excellency, as a soldier, knows that no crime is regarded with greater detestation in the present civilized age of the world, than the one here described. As between contending armies in the field, an offender caught in the perpetration of such an act, would be subjected to instant death; and this, not only because the act is an act of war, but because it is a dishonourable act of war. And can an enemy make use of neutral territory to do that, which would subject him to an ignominious death, if he were without such territory, and within reach of the opposite belligerent? When my men come within his Excellency's jurisdiction I lose all control over them, and must rely upon his comity to regain possession of them. If they leave me of their own freewill, in the absence of the recognition of my Government, and of treaty stipulation, perhaps I have no remedy. But when I permit them to go on shore, and enter the jurisdiction of a neutral and friendly power, I do so with the just expectation that they will receive the shelter and protection of the neutral flag; and that they will not be permitted to be run off by my enemy; and to wheedle and entice a sailor from his ship, and that too when, perhaps, he is half drunk, is little better than kidnapping him. In the present case, the violation of the neutral jurisdiction is as complete as if the Consul had seized my men by force; for he has accomplished the same object; to wit, weakening his enemy by stratagem—a stratagem practised by one belligerent against another. If this act had been committed by a military or naval officer of the enemy, transiently within the limits of Gibraltar, every one would have been surprised at it, and would have exclaimed against it as a flagrant violation of the law of nations. And is the offence of less magnitude when committed by a Consul, who is peculiarly favored by the law of nations, as an officer of peace, and one whose pursuits lie wholly in the walks of commerce? Mr. Sprague, the United States consul, is a gentleman whom I have heard favourably spoken of, and it is barely possible I may do him injustice in imputing to him the conduct described, but the evidence came to me in a very satisfactory shape, and I shall be ready to produce it if the allegation be denied. Should the proof be made out to his Excellency's satisfaction, I shall deem it my duty to request that the Consul be suspended from his functions, and that the question of withdrawing his Exequatur be referred to the British Government.

I have, &c., &c.,
(Signed) R. SEMMES.

To Capt. J. Freeling, Col. Sec.

C.S. Steamer Sumter, Bay of Gibraltar.
Feb. 10th.

Sir,—I have the honour to inform you that I have made every effort to procure a supply of coal, without success. The British and other merchants of Gibraltar, instigated I learn by the United States Consul, have entered into the un-neutral combination of declining to furnish the Sumter with coal on any terms. Under these circumstances, I trust the Government of her Majesty will find no difficulty in supplying me. By the recent letter of Earl Russell (31st January, 1862), it is not inconsistent with neutrality for a belligerent to supply himself with coal in a British port. In other words, this article has been pronounced, like provisions, innoxious; and this being the case, it can make no difference whether it be supplied by the Government or an individual (the Government being reimbursed the expense), and this even though the market were open to me. Much more, then, may the Government supply me with an innocent article, the market not being open to me. Suppose I had come into port destitute of provisions, and the same illegal combination had shut me out from the market, would the British Government permit my crew to starve? Or, suppose I had been a sail ship, and had come in dismasted, and the dockyard was the only place where I could be refitted, would you have denied me a mast? and if you would not deny me a mast, on what principle will you deny me coal, both articles being declared by your Government innoxious? The true criterion is, not whether the Government, or an individual may supply the article, but whether the article itself be noxious or innoxious. The Government may not supply me with powder—why? Not because I may have recourse to the market, but because the article is noxious. A case in point occurred when I was in Cadiz recently. My ship was admitted into a Government dock, and there repaired; firstly, because the repairs were innocent, and, secondly, because there were no private docks in Cadiz. So here, the article is innocent, and there is none in the market (accessible to me); why then may not the Government supply me?

In conclusion, I respectfully request that you will supply me with 150 tons of coal, for which I will pay the cash; or if you prefer it, I will deposit the money with an agent, who can have no difficulty, I suppose, in purchasing the same amount of the material from some one of the hulks, and returning it to her Majesty's dockyard.

I have, &c.,

(Signed) R. SEMMES.

Captain E. Warden, Senior Naval Officer,
Gibraltar.

Monday, February 10th.—* * * * Received a visit from Captain Cochrane, of the Warrior, son of the late Earl of Dundonald, notorious in the war of 1812, and distinguished in the South American service. Wrote the following letter:—

C.S. Steamer Sumter,
Bay of Gibraltar, Feb. 10, 1862.

SIR,—I have the honour to inform you that I have this day caused to be paid to the Spanish Consul at this port the amount of the bill contracted by this ship under my command while in the dock at Caracca.

I have, &c.,

(Signed) R. SEMMES.

To the Captain of the Port, Cadiz.

Tuesday, February 11th.—* * * * Five men in confinement! The d——seems to have got into my crew. I shall have to tighten the reins a little.

Wednesday, February 12th.—* * * * Called on the Governor to have a talk with him on the subject of my deserters. He took the ground that in the absence of treaty stipulations he could not deliver a fugitive unwilling to be returned. Whilst I was with him the Tuscarora was announced by the telegraph. This ship came in and anchored near us about 12 noon, disguised with her mainyards down, so as to resemble a merchant steamer. I saw Captain Warden on shore also. He informed me that the question of my being coaled by the dockyards had been referred by telegraph to London.

Thursday, February 13th.—Blowing a levanter. In the morning a barque dragged foul of the Tuscarora, and carried away her (the barque's) foreyards. Later in the day the Tuscarora shifted her berth over to the Spanish shore, near San Roque. Several vessels took shelter in the harbour from the gale. Among them a French line-of-battle ship, and a Spanish side-wheel man-of-war. Shut up in my little cabin by the wet weather, I have time to brood gloomily over home and the war, and the prospects of our dear South.

Friday, February 14th. * * *—At noon the Tuscarora got under way, and stood over to Algeciras.

Saturday, February 15th.—Anniversary of the day of my resignation from the navy of the United States; and what an eventful year it has been! The Northern States have been making a frantic and barbarous war upon thirteen states and nine millions of people; in face, too, of Madison's words: "If there be a principle that ought not to be questioned in the United States, it is that every nation has the right to abolish an old Government and establish a new one. This principle is not only recorded in every public archive, written in every American heart, and sealed with the blood of a host of American martyrs, but it is the only lawful tenure by which the United States hold their existence as a nation." And then what flood-gates of private misery have been raised by this war—overwhelming families without number in utter ruin and desolation.

Reduced my worthless sergeant to the ranks, and promoted a corporal in his stead. The British Parliament met on the 6th, and we have in the papers to-day the address to the Queen, and the speeches of the Earl of Derby and Lord Palmerston. From the general tone of all these papers we shall not be acknowledged at present. They say the quarrel is no business of theirs, and we must fight it out. Astute Great Britain! she sees that we are able to fight it out, and thus her darling object will be accomplished without the expenditure of blood or money.

Sunday, February 16th.—* * * * Visited by the Captain of the Scylla frigate.

Monday, February 17th.—* * * * Visited the Warrior. The Governor and suite and a number of naval and other officers, civilians, and ladies visited her by appointment at the same time. The Warrior is a marvel of modern naval architecture, and for a first experiment may be pronounced a success. She is a monstrous, impregnable floating fortress, and will work a revolution in shipbuilding. Wooden ships, as battle-ships, must go out of use. With this single ship I could destroy the entire Yankee fleet blockading our coast, and this is the best illustration I can give for the necessity of this revolution in shipbuilding. The British Government has declined to supply me with coal from the dockyard, and I must make arrangements to get it from Cadiz. The London, ship-of-the-line steamer, arrived.

Tuesday, February 18th.—* * * * The Southampton mail steamer arrived, bringing news from London to the 12th. The news of the defeat and death of General Zollicoffer is confirmed.

Wednesday, February 19th.—Called on Captain Warden, and had a conversation with him on the subject of our blockade by the Tuscarora. Called his attention to the prevention of signals, the Tuscarora communicating with Gibraltar by boats. Gave notice if the Tuscarora came in I should claim precedence of departure, &c. The Warrior went to sea. Judging from the tone of the English journals there is no prospect of our immediate recognition. Sent to Cadiz-for coal.

Thursday, February 21st.—* * * * The newspapers state that there are seven Yankee ships in pursuit of us—four steamers and three sail-ships. Three of the steamers were at Teneriffe on the 11th of January. A report has reached us that our Paymaster and ex-Consul Tunstall are prisoners in Tangier! Received a letter from Captain Warden, informing me that the Governor had prohibited all vessels in the harbour from making signals, and had prohibited the Tuscarora from communicating with the harbour by boats so long as she remained in Spanish waters, &c.

Saturday, February 22nd.—The report is confirmed of the illegal imprisonment in Tangier of Paymaster Myers and Mr. Tunstall.