But whilst this fact is being determined, what is to be done with the property? I have the right to destroy the vessels, but not the cargoes, in case the latter should prove to be, as claimed, Spanish property—but how am I to destroy the former, and not the latter? I cannot before sentence unlade the cargoes and deliver them to the claimants, for I do not know that the claims will be sustained; and I cannot destroy them, for I do not know that the claims will not be sustained.
Indeed, one of the motives which influenced me in seeking a Spanish port, was the fact that these cargoes were claimed by Spanish subjects, whom I was desirous of putting to as little inconvenience as possible in the unlading and reception of their property, after sentence, should it be restored to them.
It will be for your Excellency to consider and act upon these grave questions, touching alike the interests of both our Governments.
I have the honour to be, &c., &c.,
R. SEMMES.
His Excellency Don Jose de la Pozuela,
Governor of the City of Cienfuegos, Island of Cuba.
At eight o'clock on the morning of the 7th July, Lieutenant Chapman returned, bringing with him Don Isnaga and Don Mariano Dias, two Cuban gentlemen, warm sympathizers with the Confederate cause. The latter of these gentlemen was at once appointed prize agent, and after partaking of the hospitality of the ship, they returned to shore, and the remainder of the day was spent on board the Sumter in replenishing the various stores that had begun to run low after her cruise. In the course of the day about 100 tons of coal and 5000 gallons of water were shipped, besides a quantity of fresh provisions for the crew; and at about 10 P.M. an answer arrived from the Governor to the despatch sent on shore the previous evening by Lieutenant Chapman.
It stated that the Captain-General of Cuba had given instructions as follows:—
1. No cruiser of either party can bring their prizes into Spanish ports.
2. If in any captures the territory of Cuba has been violated, the Spanish courts will themselves judge of the matter.