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 X.

The Tangier difficulty—Loyalty of United States Consuls—A daring act—Imprisonment of the two Confederates—Captain Semmes' appeal—No results—An armed force from the Ino—Threatened rescue—Neutrality again—Foreign Office intelligence—The Harvest Home—Garnered.

The imprisonment of the two gentlemen alluded to at the conclusion of the last chapter, is an episode in the history of the Sumter which demands something more than mere passing notice. When the news of the occurrence reached England it excited a considerable amount of attention, as not only did the case exhibit some curious phases of the working of the law of "strict neutrality," but it also afforded a very excellent idea of the marvellous loyalty of one of the United States Consuls. Reference has been previously made to the zealous conduct of the consular officials of the North.

It has been shown that at Maranham, Cayenne, Paramaribo, Cadiz, and Gibraltar, the respective Yankee Consuls acted upon the broad principle that every Confederate was the natural enemy of the United States, and a rebel to boot. Not content with simply holding this opinion, the task these gentlemen set themselves was, to indoctrinate the Governments of the several countries in which they were located with the same views of the case. In some cases they succeeded so far as to cause considerable vexation to Captain Semmes; and if they failed to convince the authorities, that the Sumter was a piratical craft, they at least succeeded in occasionally entailing needless delays in obtaining those necessary supplies, which as an officer in the service of a country recognised as a belligerent, the commander of the Sumter had a right to demand.

The Tangier Consul, however, went far beyond his brethren, for he not only demanded, but succeeded in effecting the arrest and imprisonment of an officer and a citizen of the Confederate States. These gentlemen, Mr. Myers, the Paymaster of the Sumter, and Mr. Tunstall, a private Southern gentleman, had been despatched by Captain Semmes from Gibraltar to Cadiz, in search of coal. The vessel in which they embarked touched at Tangier, and the two Americans landed for the purpose of inspecting the curious old Moorish city. No sooner were they on shore than the United States Consul hastened to the authorities, denounced his enemies, and demanded their arrest, alleging that it was authorized by treaty stipulation with the United States. After vainly imploring advice from the representatives of the Christian Powers, the sorely perplexed authorities complied with this demand, and the two Confederates were seized, heavily ironed, and kept prisoners in the Consul's house. At the very first opportunity they communicated with Captain Semmes, and he with his usual promptitude at once despatched the following letter to the Governor of Gibraltar:—

C.S. Steamer Sumter, Bay of Gibraltar,
February 22nd, 1862.

Sir,—I have the honour to ask the good offices of His Excellency the Governor of Gibraltar in a matter purely my own. On Wednesday last, I despatched from this port, in a French passage-steamer for Cadiz, on business connected with this ship, my Paymaster, Mr. Henry Myers, and Mr. T.T. Tunstall, a citizen of the Confederate States, and ex-United States Consul at Cadiz. The steamer having stopped on her way at Tangier, and these gentlemen having gone on shore for a walk during her temporary delay there, they were seized by the authorities, at the instigation of the United States Consul, and imprisoned. A note from Paymaster Myers informs me they are both heavily ironed, and otherwise treated in a barbarous manner.

I learn further that the pretence upon which the unlawful proceeding was had, is, that it is authorized by treaty stipulation with the United States. Unfortunately I have not a copy of this treaty in my possession; but I presume it provides in the usual form, for the extradition of criminals, and nothing more. I need not say to his Excellency that treaties of this description are never applied to political offenders—which I presume is the only category in which the United States Consul pretends to place these two gentlemen. An occurrence of this kind could not have happened, of course, in a civilized community. The political ignorance of the Moorish Government has been shamefully practised upon by the unscrupulous Consul. I understand that the British Government has a diplomatic agent resident at Tangier, and a word from that gentleman would no doubt set the matter right, and insure the release of the unfortunate prisoners. And it is to interest this gentleman in this humane task that I address myself to his Excellency. May I not ask the favour of his Excellency, under the peculiar circumstances of the case, to address Mr. Hay a note on the subject, explaining to him the facts, and requesting his interposition? If any official scruples present themselves, the thing might be done in his character as a private gentleman. The Moorish Government would not hesitate a moment, if it understood correctly the facts and principles of the case; to wit, that the principal powers of Europe have recognised the Confederate States as belligerents, in their war against the United States, and that, consequently, the act of making war against these States by the citizens of the Confederate States, is not an offence, political or otherwise, of which a neutral can take cognizance; and even if it were the former, no extradition treaty is ever meant to apply to such a case.

I have the honour, &c. &c.

(Signed) R. SEMMES.
Capt. S. Freeling, Col. Sec.

This letter was unattended with success, the maintenance of strict neutrality being a barrier in the way of any interference on the part of the British authorities at Gibraltar. Accordingly, Captain Semmes penned the subjoined formal protest, and despatched it to the Governor of Tangier.

C.S. Steamer of war Sumter, Bay of Gibraltar,
February 23rd, 1862.

His Excellency the Governor of Tangier, Morocco:

I have the honour to inform your Excellency that intelligence has reached me of the imprisonment by the Moorish Government at Tangier, of Mr. Henry Myers, the Paymaster of this ship, and Mr. T.T. Tunstall, a citizen of the Confederate States, and late United States Consul at Cadiz. I learn further, that these gentlemen are heavily ironed, and otherwise treated with inhumanity. I am utterly at a loss to conceive on what ground this illegal imprisonment can have taken place; though I learn that the United States Consul demanded it, under some claim of extradition treaty stipulation. A word or two will suffice to set this matter right. It must, of course, be known to your Excellency, that the Confederate States have been acknowledged by the principal powers of Europe, as belligerents in the war in which they are engaged with the United States; and that, consequently, the Paymaster of this ship, in any act of war in which he may have participated, can have been guilty of no offence, political or otherwise, of which any neutral power can take cognizance. Indeed, as before stated, the neutral powers of Europe have expressly recognised the right of the Confederate States to make war against the United States. No extradition treaty therefore can apply to Paymaster Myers. Mr. Tunstall not being in the military or naval service of the Confederate States, can no more be brought within the terms of any such treaty than Paymaster Myers. I have, therefore, respectfully to demand, in the name of my Government, and in accordance with the laws and practice of nations, that these two citizens of the Confederate States be set at liberty.

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

(Signed) R. Semmes.

Determined to leave no stone unturned, the Commander of the Sumter sought to interest the British Charge d'Affaires in the fate of the two prisoners, as will be seen by the annexed letter:—

C.S. Steamer Sumter, Bay of Gibraltar,
February 23rd, 1864.

Sir,—May I ask of you the favour to act unofficially for me in a matter of humanity, by handing to the proper officer the enclosed communication, demanding the release from imprisonment in Tangier of the Paymaster of this ship, and of Mr. T.T. Tunstall, a citizen of the Confederate States. The Moorish authorities have evidently been imposed upon by false representations as to the character and status of these gentlemen. I hear that the United States Consul demanded their imprisonment under some extradition treaty. The absurdity of such a claim will of course be apparent to you. We are recognised belligerents; our acts of war are legal therefore, so far as all neutrals are concerned, and it cannot be pretended that any officer of this ship can have committed any offence in any act of war in which he may have participated against the United States, which Morocco can take cognizance of, or bring under the terms of any extradition treaty.

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

(Signed) R. Semmes.

John Hay Drummond Hay, C.B.,
H.M. Charge d'Affaires, Tangier, Marocco.

On the 24th Mr. Hay replied, and the following extract from his communication will best explain the grounds he assumed:—"You," he writes, "must be aware that Her Britannic Majesty's Government have decided on observing a strict neutrality in the present conflict between the Northern and Southern States; it is therefore incumbent on Her Majesty's officers to avoid anything like undue interference in any questions affecting the interests of either party which do not concern the British government; and though I do not refuse to accede to your request to deliver the letter to the Moorish authorities, I think it my duty to signify distinctly to the latter my intention to abstain from expressing an opinion regarding the course to be pursued by Morocco on the subject matter of your letter."

To this despatch Captain Semmes forthwith replied, and his letter is remarkable for the able manner in which the question of neutrality is dealt with. After thoroughly reviewing the transaction, he sums up as follows:—

"Upon further inquiry I learn that my first supposition that the two gentlemen in question had been arrested under some claim of extradition (unfortunately I have not a copy of the treaty between Morocco and the United States) was not exactly correct. It seems that they were arrested by Moorish soldiers upon the requisition of the United States Consul, who claimed to exercise jurisdiction over them as citizens of the United States, under a provision of a treaty common between what are called the non-civilized and the civilized nations. This state of facts does not alter in any degree the reasoning applicable to the case. If Morocco adopts the status given the Confederate States by Europe, she must remain neutral between the two belligerents, not undertaking to judge of the nationality of the citizens of either of the belligerents, or to decide any other question growing out of the war which does not concern her own interests. She has no right, therefore, to adjudge a citizen of the Confederate States to be a citizen of the United States, and not having this right herself she cannot transfer it by treaty to the United States Consul."

The communication, however, produced no effect; and, meanwhile, another step was taken at Tangier. The United States frigate Ino no sooner learnt the news of the capture made by the Consul than it ran over to Tangier, sent a boat on shore with armed men, and carried off the prisoners. This proceeding was not, however, allowed to be performed quite so quietly as the Yankees could have wished. The Christian population, exasperated at the arrest, turned out in force, and fears were entertained that even the forty men from the Ino would not be able to secure the safety of their prize. But here the neutral powers were of assistance: their representatives, with Mr. Drummond Hay at their head, came to the aid of the captors, calmed the mob, and thus averting the threatened rescue, enabled the United States to carry off the two Confederates on board the Ino.

Captain Semmes, finding he could do nothing with the authorities at
Tangier, communicated with Mr. Mason, the Confederate commissioner in
London, and that gentleman made strong representations at the Foreign
Office, with what results the following statements of facts will show.

It was on the 28th of February that the captives were finally carried off from neutral territory, by an armed force from an enemy's ship. On the 8th of March, Mr. Mason was informed by the Under-Secretary, that the British Government was under the impression that they had been released from confinement. On the 6th of March, just two days before Mr. Mason received this intelligence, the Ino, which had run back to Cadiz, transferred the two unfortunate prisoners to the Yankee merchant ship, Harvest Home, which carried them away to a prison in the United States.

Such was the history of the Tangier difficulty—a question which, at the time, created considerable stir in Europe, and which is likely to leave a lasting impression upon the Southern mind.