is an act of war, but because it is a dishonourable
act of war. And can an enemy make use of neutral
territory to do that, which would subject him to an
ignominious death, if he were without such territory,
and within reach of the opposite belligerent?
When my men come within his Excellency’s jurisdiction
I lose all control over them, and must rely upon his
comity to regain possession of them. If they
leave me of their own freewill, in the absence of the
recognition of my Government, and of treaty stipulation,
perhaps I have no remedy. But when I permit them
to go on shore, and enter the jurisdiction of a neutral
and friendly power, I do so with the just expectation
that they will receive the shelter and protection of
the neutral flag; and that they will not be permitted
to be run off by my enemy; and to wheedle and entice
a sailor from his ship, and that too when, perhaps,
he is half drunk, is little better than kidnapping
him. In the present case, the violation of the
neutral jurisdiction is as complete as if the Consul
had seized my men by force; for he has accomplished
the same object; to wit, weakening his enemy by stratagem—a
stratagem practised by one belligerent against another.
If this act had been committed by a military or naval
officer of the enemy, transiently within the limits
of Gibraltar, every one would have been surprised
at it, and would have exclaimed against it as a flagrant
violation of the law of nations. And is the offence
of less magnitude when committed by a Consul, who
is peculiarly favored by the law of nations, as an
officer of peace, and one whose pursuits lie wholly
in the walks of commerce? Mr. Sprague, the United
States consul, is a gentleman whom I have heard favourably
spoken of, and it is barely possible I may do him
injustice in imputing to him the conduct described,
but the evidence came to me in a very satisfactory
shape, and I shall be ready to produce it if the allegation
be denied. Should the proof be made out to his
Excellency’s satisfaction, I shall deem it my
duty to request that the Consul be suspended from his
functions, and that the question of withdrawing his
Exequatur be referred to the British Government.
I have, &c., &c.,
(Signed) R. SEMMES.
To Capt. J. Freeling, Col.
Sec.
C.S. Steamer Sumter, Bay of
Gibraltar.
Feb. 10th.
Sir,—I have the honour to inform you that
I have made every effort to procure a supply of coal,
without success. The British and other merchants
of Gibraltar, instigated I learn by the United States
Consul, have entered into the un-neutral combination
of declining to furnish the Sumter with coal on any
terms. Under these circumstances, I trust the
Government of her Majesty will find no difficulty in
supplying me. By the recent letter of Earl Russell
(31st January, 1862), it is not inconsistent with
neutrality for a belligerent to supply himself with
coal in a British port. In other words, this article