War of the Rebellion: Serial 116 Page 0286 PRISONERS OF WAR AND STATE, ETC.

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of the Confederate States; one dated March 1, 1862, from S. R. Mallory, the pretended Secretaryof the Navy of the said rebel Confederacy, to the said Myers as such pretended paymaster, advising him f credit, and another of the same date from the same Mallory to one James M. Mason, a pretended commissioner of the said rebel Confederacy to Great Britain, inlcosing aid letter of credit and urging him to expedite the transmission thereof.

CONSULATE OF THE UNITED STATES,

Tangier, February 20, 1862.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inform you that two secessionists commissioned by the captain of the pirate steamer Sumter were landed here yesterday from a merchant French steamer, Ville de Malaga, proceeding from Gibraltar on their route to Cadiz to purchase coal to supply the Sumter, which is still in the port of Gibraltar uncoaled. One of these men I am informed is a lieutenant of the Sumter; the other, Mr. Tunstall, who has been acting as U. S. consul at Cadiz up to some time last summer and was intending to return to the Southern States on boardof the Sumter.

Having received this information from what I considered reliable authority I made application to the Morish authorities for soldiers and had then arrested at the beach at about 4 o'clock in the afternoon of yesterday as they wee about to return to the stasmer to proceed to Cadiz. They are now confined in one of the rooms of the U. S. consulate awaiting the arrival of the Tuscarora, which is expected to-morrow, as I wish to place them in the charge of her commander to beconveyed by him to the United States on his return.

During the progress of these proceedings I overheard Tunstall calling his friend Myers, and in a note that he gave to one of the soldiers to be conveyed to a friend of his at the English hotel by the name of Harrison, a lieutenant in the English navy, which I objected to be delivered, he signed to initials H. M. I then referred to the U. S. Navy Register for the year 1861 and found in page forty-six that a man by the name of Henry Myers was commissioned paymaster with the rank of lieutenant on the 21st day of June, 1854, and was a citizen of the State of Georgia at the time. Duringa conversation I held with Tunstall he informed me that his comrade was a citizen of Georgia, consequently all these circusmtances induced me to the bleief that the aforementioned prisoner in question is the identical Henry Myers.

I had no way to confine them safely without putting them in irons, and even then I have to keep four soldiers guarding them day and night. They applied for French protection on the ground that they came to this place on board of a French steamer, but the French consul's reply was that as soon as they left the steamer andlanded on Moorish territory he had no right to protec them nor to interfere inany way whatever. They then claimed an inteview with the British minister, Mr. Drummond-Hay, but this gentleman called on me and inquired if I was aware of my prisoners having requested an interview with him. I answered not. I said to him: "Mr. Hay, I know you to be a gentleman and if you desire to see the prisoners you can do so. " He replied promptly that he did not; first, he said he had no power to interfere; secondly, his Government had given positive instructions to all their ministers and agents abroad to observe strict neutrality.