[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.