To M. Duchaxel, Commander of His French Majesty's steamer, L'Acheron.
Friday, November 22nd.—The enemy about two and a half miles distant. The engineer will be ready to-day, and, God willing, we will get out to-night. Wrote to the captain of the Acheron, in reply to the position assumed by the governor:—
C.S. Steamer Sumter, St. Pierre,
Nov. 22nd, 1861.
SIR,—I have had the honour to receive your letter of yesterday, in which you communicate to me the views of the Governor of Martinique relative to the protection of my right of asylum in the waters of this island; and I regret to say that those views do not appear to me to come up to the requirements of the international code. The Governor says, "that it does not enter into his intentions to exercise towards the Iroquois, either by night or by day, so active a surveillance as you desire." And you tell me that "we ought to have confidence in the strict execution of a promise made by a commander in the military marine of the American Union, so long as he has not shown to us evidence that this engagement has not been scrupulously fulfilled." It would appear from these expressions that the only protection I am to receive against the blockade of the enemy is a simple promise exacted from that enemy, that he will keep himself without the marine league of the land; the Governor in the meantime exercising no watch by night or by day to see whether this promise is complied with. In addition to the facts related by me yesterday, I have this morning to report that one of my officers, being on shore in the northern environs of the town last night, between eight and nine o'clock, saw two boats, each pulling eight oars, the men dressed in dark clothing, with the caps usually worn by seamen of the Northern States, pulling quietly in towards the beach. He distinctly heard a conversation between them in English, one of them saying—"Harry, there she is; I see her"—in allusion, doubtless, to the presence of my vessel. These boats, no doubt, have orders to make signal to the Iroquois the moment they discover me under way. Now, with all due deference to his Excellency the Governor, I cannot see the difference between the violation of the neutrality of these waters by the enemy's boats, and by his ship. And if no strict surveillance is to be "exercised either by night or by day," I am receiving very much such protection as the wolf would accord to the lamb. Is it an act of love for the enemy to approach me with his boats for the purpose of reconnaissance, and especially during the night? and I have the same right to demand that he keep his boats beyond the marine league as that he keep his ship at that distance. Nor am I willing to rely upon his promise, that he will not infringe my rights in this particular. It appears to me further, especially after the knowledge of the facts which I have brought to your notice, that it is the duty of France to exercise surveillance over her own water, "both by night and by day," when an enemy's cruiser is blockading a friendly belligerent, who has sought the asylum in those waters accorded to him by the law of nations. I have, therefore, respectfully to request that you will keep a-watch by means of guard boats, at both points of this harbour, to prevent the repetition of the hostile act which was committed against me last night; or, if you will not do this yourself, that you will permit me to arm boats and capture the enemy when so approaching me. It would seem quite plain, either that I should be protected, or be permitted to protect myself. Further, it is in plain violation of neutrality for the enemy to be in daily communication with the shore, whether by means of his own boats, or boats from the shore. If he needs supplies, it is his duty to come in for them; and if he comes in, he must anchor; and if he anchor, he must accept the condition of remaining twenty-four hours after my departure. It is a mere subterfuge for him to remain in the offing, and supply himself with all he needs, besides reconnoitreing me closely by means of boats. I protest against this act also. I trust you will excuse me for having occupied so much of your time by so lengthy a communication, but I deem it my duty to place myself right upon the record in this matter. I shall seize an early opportunity to sail from these waters; and if I should be brought to a bloody conflict with an enemy, of twice my force, by means of signals given him in the waters of France, either by his own boats or others', I wish my government to know that I protested against the unfriendly ground assumed by the Governor, that "it does not enter into his intentions to exercise towards the Iroquois either by night or by day, so active a surveillance as you [I] require."
I have the honour to be, &c., &c.,
(Signed) R. SEMMES.
M. Duchaxel,
Commander of H.I.M. Steamer, L'Acheron.
C.S. Steamer Sumter, St. Pierre,
Nov. 23, 1861.
SIR,—I have the honor to inform you that the pilot of the enemy's steamer Iroquois habitually spends his time on shore in this port; and that last night he slept on board the enemy's topsail schooner moored near the beach, in the vicinity of the English barque Barracouta. I have ample evidence outside of my ship to establish these facts. Now, it must be obvious to you that the enemy has sent this man into French waters to act as a spy upon my movements; and he has, no doubt, in his possession rockets or other signals, with which to communicate my departure to his ship. This man, though only a pilot, and temporarily employed on board the Iroquois, is in law as much an officer of that ship, for the time being, as any one of her lieutenants.
The case, then, may be stated thus:—A lieutenant of the Iroquois not only spends his time habitually on shore, but sleeps at night on board another vessel of the enemy, instead of sleeping at a hotel, the better to enable him to observe my movements, and communicate them to his ship. And yet all this is permitted by the authorities!
I most respectfully but earnestly protest against this violation of my rights. As I stated in my letter of yesterday, an act of reconnaissance (and still more an act of reconnaissance for the purpose of giving information by signal) is an act of war; and will France permit an act of war to be committed against me in her own waters, and under the eye of her authorities, civil and military?