War of the Rebellion: Serial 116 Page 0492 PRISONERS OF WAR AND STATE, ETC.

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[Telegram Numbers 21.]

CADIZ, January 11, 1862

H. J. P[ERRY], Charge d'Affaires of the United States:

I have first protested before the military governor, who told me that the civil governor is charged with this affair. I have just received a communication from the civil governor in which he says that there is no motive in his acts relative to the Sumter upon which I can found my protest and therefore he does not take it into consideration.

E. S. EGGLESTON.

U. S. Consul.

[Telegram No. 22.]

MADRID, January 11, 1862

The CONSUL OF THE UNITED STATES, Cadiz:

If there is no repairing of the privateer there is no occasion for the protest, but if she is to be repaired enter again your protest with firmness. As a privateer that vessel cannot be repaired. As a mercantile vessel without arms there is no question. She must lay aside her character of privateer before she can be repaired, and if she is repaired she can never according to law leave the Spanish port again armed and equipped as a privateer. Humanity exacts no more than the asylumn of the port for the crew. It does not ask that they should be again fitted out as corsairs.

HORATIO J. PERRY.

[Sub-inclosure Numbers 9.]

LEGATION OF THE UNITED STATES,

Madrid, January 18, 1862.

Honorable WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: I have the honor to inclose the note of Mr. Calderon Collantes in reply to mine of the 4th, 6th and 8th intant on the subject of the privateer steamer Sumter. This vessel left Cadiz last evening having been peremptorily ordered out of the port by the military authorities of the palce. She was in dock only two days, and the newspapers say the repairs made upon her cost in themselves only $7 being simply to stop a leak near the shaft of the screw. I have reason to believe that the firm stand made by this legation against pernmitting any the least repairs to this vessel whilst she preserves her character of an armed privateer have been effective to prevent the work which the corsair came into Cadiz to get done, though I regret it was not sufficient to send him out precisely as he came or stop his piratical career at once. I have time only by this mail to inclose a copy of my note of to-day to Mr. Calderon in the original Spanish, but will send a translation to-morrow in hopes it will reach Liverpool in time for the mail steamer which bears this.

I inclose also copies of eight telegrams which have passed since my last dispatch on this subject (Numbers 22.) and have the honor to remain,

Sir, your obedient servant,

HORATIO J. PERRY.

[Inclosures to sub-inclosure Numbers 9.]

[Telegram Numbers 1.]

SAN ROQUE, NEAR GIBRALTAR, January 12, 1862

Mr. PERRY, Madrid:

Until now Sumter only privateer in these waters.

SPRAGUE.