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."