War of the Rebellion: Serial 116 Page 0394 PRISONERS OF WAR AND STATE, ETC.

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has never been accepted by our Government, though it was made a cause for breaking our peaceful relations with the nations which took that position. Morocco never did take that position. She probably knows little and cares less about the proceedings of the slave0holding faction in our interior, perhaps less than we know about the revolts of her own Kabilos against the authority of the Emperor. She knows no power in the United States but that of the Government; recognizes no flag but that of the United States, and she does well.

Our consul at Tangier has by law and custom exclusive jurisdiction over all citizens of the United States within his consular district. If your Chronicle likes to quote Wheaton you might mark for the editors page 166* as something more to the point than either their own or the quotations of any of the English journals I have seen thus far.

I am as yet not aware upon what ground Consul De Long puts the arrest of Messrs. Myers and Tunstall, having received no communication from him of any description, but I immediately wrote to Mr. Seward on the 2nd March my impression, but I immediately wrote to Mr. Seward on the 2nd March my impressions in favor of Mr. Tunstall, who seems to me to be suffering principally on account of the bad company in which he was found at Tangier.

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Mr. Harvey, our minister at Lisbon, has just written me a letter unfavorably impressed by the affair at Tangier and fearful that we had now provoked the enmity of Government of Morocco heretofore very friendly, &c. He evidently does not know these Moors as you probably know them, nor even as I do. The only peril which we could run of losing any part of the friendship of the authorities of Morocco might have been by the display of some weakness or indecision on the part of our consul whether toward themselves or toward the representatives and subjects of other foreign powers in

The revelation to them that there was any other power among ourselves which at Tangier could defy the power of the consul of the United States or fail to respect the authority of the flag which he displays might have produced a considerable decrease of the friendship of the Emperor of Morocco toward us and if not promptly mended render the position of our consul anything but pleasant. But that our consul should in the ordinary exercise of his acknowledge jurisdiction and probably without referring to either Confederate or Federals arrest as a criminal one of the men who a little time before had burned an American merchant ship in sight of their own shores, and that a vessel of war under our flag was promptly on the spot to take him and his companion away in spite of the demonstrations of the mob of Jews and half-breeds which at Tangier is moved or quieted at pleasure by the consuls of England and France, and I may add in spite of the ill-timed remonstrances of these functionaries themselves-this has no peril in it for us so far as the sentiments of the Moorish authorities toward us are concerned.

I remember well when I had the pleasure to visit you in 1851 the impressions of my ride from Tangier to Tetuan. As a general rule with

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*The resident consuls of the Christian Powers in Turkey, the Barbary States and other Mohammedan countries exercise both civil and criminal jurisdiction over their countrymen to the exclusion of the local magistrates and tribunals. This jurisdiction is ordinarly subject in civil cases no an appeal to the superior tribunals of their own country. The criminal jurisdiction is usually limited to the infliction of pecuniary penalties, and in offenses of a higher grade the functions of the consul are similar to those of a police magistrate or juge d'instructions. He collects the documentary and other proofs and sends them together with the prisoners home to his own country for trial. -Wheaton, p. 166.

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