War of the Rebellion: Serial 116 Page 0484 PRISONERS OF WAR AND STATE, ETC.

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June 17 with vigor. I have myself sent a telegram to our consul at Cadiz, of which this is a copy. (Translation):

Apply immediately to the authorities to put in practice with all vigor the royal decree of June 17, 1861, with that privateer. The Government promises me that it will on its side communicate a like order. The Sumter must release the prisoners as did the Nashville at Southampton. No Spanish authority can permit within its jurisdiction to preserve either prizes or prisoners.

I have telegraphed to Mr. Dayton at Paris to advise our captains on the Mediterranean, as also to Mr. Marsh in Italy, and to consuls at Barcelona and Alicante. The British fleet in this sea has moved down to the Straits of Gibraltar.

Yours, with great respect,&c.,

HORATION J. PERRY.

[Sub-inclosure Numbers 4.]

LEGATION OF THE UNITED STATES,

Madrid, January 4, 1862.

The MINISTER OF STATE OF HER CATHOLIC MAJESTY.

SIR: I have learned that the armed steamer which has cast anchor in the port of Cadiz is the privateer Sumter which comes from the coast of Brazil and that she has destroyed three vessels on her way and brings on board forty-two prisoners, peaceable people who were navigating without arms under the flag of the United States. According to the royla decree of June 17 last past no privateer can receive assistance in the Spanish ports, nor preserve prize nor prisoners within the Spanish jurisdiction. When the Nashville entered Southampton in like circumstances the English authorities obliged her to set at liberty her prisoners, and I am not yet awre how grave may be the reclamations of my Government addressed to that of England on account of what has taken place with regared to that vessel. The forty-two prisoners brought within the Spanish jurisdiction at Cadiz are good citizens of the United States detaeined against their will in violation of the laws of the United States and of those of Spain in whose jurisdiction they now are. I claim therefore the protection of the authorities of Cadiz for these citizens of the United States and thatt hey be placed as soon as possible at the disposal of the consul of their nation at that port not consenting that it be permitted to anybody to carry away out of the Spanish jurisdiction these persons without crime and who claim the protection of Her Majesty the Queen of Spain unless it shall be by express order of the Government of Her Majesty.

This occasion affords me the pleasure of repeating to Your Excellency the assurance of my most distinguished consideration.

HORATION J. PERRY.

[Sub-inclosure Numbers 5.]

U. S. CONSULATE, Cadiz, January 4, 1862.

HORATION J. PERRY, Esq.,

U. S. Charge d'Affaires, Madrid.

SIR: I telegraphed you twice this morning, the substance of which I need not repeat, as I have your reply. Immediately on learning that an armed vessel under the rebel flag had anchored in this port I addressed the following communication to the military governor:

An armed vessel under the rebel flag of the Southern States has this moment arrived at this port. I expect that Your Excellency in accordance with the friendly relations existing between the United States and Spain and in conformity with the royal decree of Her Majesty's Government will not permit said vessel to receive aid or assistance of any kind, and will compel her to leave this port within the time specified in said decree, &c.