C.S.  Steamer Sumter, Cadiz, Jan. 16, 1862.

SIR,—­I have the honour to inform you that whilst my ship was in the dock at Caracca eight of my seamen deserted, and I am informed that they are sheltered and protected by the United States Consul.  I respectfully request that you will cause these men to be delivered to me, and to disembarrass this demand of any difficulty that may seem to attend it, permit me to make the following observations:—­[6]

* * * * *

3.  It has been, and is, the uniform custom of all nations to arrest and hand over to their proper officers, deserters from ships of war; and this without stopping to inquire as to the nationality of the deserter.

[Footnote 6:  The paragraphs omitted, contain merely a recapitulation of the claim of the Confederate States to full belligerent rights.]

4.  If this is the practice in peace, how much more necessary does such a practice become in war; since, otherwise, the operations of war—­remote, it is true—­but still the operations of war, would be tolerated in a neutral territory.

5.  Without a violation of neutrality, an enemy’s consul in a neutral territory, cannot be permitted to entice any seamen from a ship of the opposite belligerents, or to shelter or protect the same; for, if he is permitted to do this, then his domicile becomes an enemy’s camp in a neutral territory.

6.  With reference to the question in hand, I respectfully submit that the only facts which your Excellency can take cognizance of, are, that these deserters entered the waters of Spain under my flag, and that they formed a part of my crew.  The inquiry cannot pass a step beyond, and Spain cannot undertake to inquire, as between the United States Consul and myself, to which of us the deserters in question more properly belong.  Such a course would be tantamount to an interposition between two belligerents, and it would be destructive of the essential rights of ships of war in foreign ports, as well in peace as in war.

7.  I am inclined to admit that if a Spanish subject serving under my flag should escape to the shore, and should satisfy the authorities that he was held by me by force, and either without contract, or in violation of contract, that he might be set at liberty, but such is not the present case.  The nationality of the deserters not being Spanish, Spain cannot, as I said before, inquire into it.  To conclude, the case which I present is simply this:—­Several of my crew, serving on board my ship under voluntary contracts, have deserted, and taken refuge in the consulate of the United States.  To deprive me of the power, with the assistance of the police, to recapture these men, would convert the consulate into a camp, and the consul would be permitted to exercise the right of a belligerent on neutral territories.

I have the honour to be, &c., &c.

(Signed) R. SEMMES.