War of the Rebellion: Serial 116 Page 0806 PRISONERS OF WAR AND STATE, ETC.

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[Inclosure Numbers 2.]

C. S. STEAMER SUMTER,

Bay of Gibraltar, February 23, 1862.

His Excellency the GOVERNOR OF TANGIER, Morocco.

SIR: I have the honor to inform Your Excellency that intelligence has reached me of the imprisonment by the Moorish Government at Tangier of Mr. Henry Myers, the paymster of this ship, and Mr. T. T. Tunstall, a citizen of the Confederate States and late U. S. consul at Cadiz. I learn further that these gentlemen are heavily ironed and otherwise treated with inhumanity. I am utterly at a loss to conceive on what grounds this illegal imprisonment can have taken place, though I learn that the U. S. consul demanded it under some claim of extradition treaty stipulation.

A word or two will suffice to set this matter right. It must be course be known to Your Excellency that the Confederate States have been acknowledged by the principal powers of Europe as belligerents in the war in which they are engaged with the UnitedStates, and that consequently the paymaster of this ship in any act of war in which he may have participated can have been guilty of no offense, political or otherwise, of which any neutral power can take cognizance. Indeed as before stated the neutral powers of Europe have expressly recognized the right of the Confederate States to make war against the United States. No extradition treaty therefore can apply to Paymaster Myers.

Mr. Tunstall not being in the military or naval service of the Confederate States can no more be brought within the terms of any such treaty than Paymaster Myers. I have therefore respectfully to demand in the name of my Government and in accordance with the laws and practice of nations that these two citizens of the Confederate States be set at liberty.

I have the honor, &c.,

[R. SEMMES,

Commander, C. S. Navy.]

WAR DEPARTMENT, Richmond, February 26, 1862. .

Major General M. LOVELL, Commanding at New Orleans, La.

SIR: Your letter of the 15th instant has been received. The blankets remaining on hand which were sent by the United States Government and were not issued to the prisoners of war should be turned over to the quartermaster at New Orleans.

Respectfully,

J. P. BENJAMIN,

Secretary of War.

NORFOLK, February 26, 1862.

Honorable J. P. BENJAMIN, Secretary of War.

SIR: I regret my prolonged detention here as the business ought to have been concluded in an hour. As mentioned in my telegraph General Wool insisted on consulting his Government on the point of each party transporting its prisoners to the frontier free of expense. Upon all other points we agreed promptly.

It may be that he has consulted his Government on other points and in that event new difficulties may arise at our next meeting. I would