War of the Rebellion: Serial 116 Page 0488 PRISONERS OF WAR AND STATE, ETC.

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they might stay under the protection of the Spanish flag; and indeed their ship if she should be sold out of their possession into honest hands or leave all her armament and munitions of wra, laying aise all pretenseions to being a war vessel or a privateer of the so-called Confederate States or of anybody else, returning really and honestly to her former condition of a merchant steamer, might perhaps be liable to capture by the Navy of the United States but she might then be repaired in Cadiz without contravening the royal decree of June 17. But the necessary condition of this would be that she should never again go out of a Spanish port as a privateer or armed vessel in any sense.

Much conversation took place at this interview, not directly refering to this subject, upon the state of the question between the United States and England upon the condition of the armed conflict in the interior of the United States upon the poisition of the United States in the question of San Domingo and the general disposition of that Government toward Spain and of Sapin toward the United States.

As I arose to go I said, "Well, to return to our matter of the corsair steamer it would indeed be sad if two Governments so sincerely desirous to maintain good relations as the United States and Spain should not be able to undertand each other practically on such a question as whether the Sumter should be repaired in a Spanish port or not. "

Mr. Calderon would certainly give me credit personally for the most earnest desire to remove every cause of difficulty or complaint, and it was with this view only I took the course I did in this matter. I was well aware this was for sapin rather an embarrassing question than one of importance, but knowing the feeling of my own Government I could not allow the repairs upon the Sumter to be proceeded with without warning him of the manner in which that course would certainly be regarded at Washington.

He had already seen my telegraphic instructions to the consul at Cadiz, which I hoped would be sufficient; but if not I should feel called upon under my general instructions to solemnly protest against the whole proceeding, reserving for my Government to take such ulterior measures as it might think the case to require when the Pre informed of all the circumstances. Mr. Calderon, however, interrupted me saying that I could not yet protest; that the Government had only ordered a survey of the condition of the Sumter to be made by their officers to see what was her true state; that the papers would not be here until to-day or to-morrow; that the Government in view of all the data whichits authorities should transmit would then consdier the question and he (Mr. Calderon) would then reply to my notes of the 6th and 8th instant; that then I might protest if I shoul see cause but not until then. He (Mr. Calderon) was clear upon one point, that the vessel as a vessel could be repaired, but the subsequent question whether she could again sail from Cadiz as an armed privateer was what must be decided. I immediately assured Mr. Calderon that I was in no haste to do anything except to maintain a perfect good intelligence and the most pleasant relations between this legation and her Majesty's Government.

The manner of the minister throughout this interview was that of a person sincerely desirous to avoid cause of difficulty between the two Governments and the whole interview was marked by a frank and friendly tone on the part of both interlocutors.

On leaving I cordially shook hands with Mr. Calderon hoping that a meas would be found to avoid every casue of complaint. On returning to my house I found the telegram announcing that our consul had