I have the honour, &c., &c.
(Signed) R. Semmes.
Determined to leave no stone unturned, the Commander of the Sumter sought to interest the British Charge d’Affaires in the fate of the two prisoners, as will be seen by the annexed letter:—
C.S. Steamer Sumter, Bay of
Gibraltar,
February 23rd, 1864.
Sir,—May I ask of you the favour to act unofficially for me in a matter of humanity, by handing to the proper officer the enclosed communication, demanding the release from imprisonment in Tangier of the Paymaster of this ship, and of Mr. T.T. Tunstall, a citizen of the Confederate States. The Moorish authorities have evidently been imposed upon by false representations as to the character and status of these gentlemen. I hear that the United States Consul demanded their imprisonment under some extradition treaty. The absurdity of such a claim will of course be apparent to you. We are recognised belligerents; our acts of war are legal therefore, so far as all neutrals are concerned, and it cannot be pretended that any officer of this ship can have committed any offence in any act of war in which he may have participated against the United States, which Morocco can take cognizance of, or bring under the terms of any extradition treaty.
I have the honour to be, &c., &c.
(Signed) R. Semmes.
John Hay Drummond Hay, C.B.,
H.M. Charge d’Affaires,
Tangier, Marocco.
On the 24th Mr. Hay replied, and the following extract from his communication will best explain the grounds he assumed:—“You,” he writes, “must be aware that Her Britannic Majesty’s Government have decided on observing a strict neutrality in the present conflict between the Northern and Southern States; it is therefore incumbent on Her Majesty’s officers to avoid anything like undue interference in any questions affecting the interests of either party which do not concern the British government; and though I do not refuse to accede to your request to deliver the letter to the Moorish authorities, I think it my duty to signify distinctly to the latter my intention to abstain from expressing an opinion regarding the course to be pursued by Morocco on the subject matter of your letter.”
To this despatch Captain Semmes forthwith replied, and his letter is remarkable for the able manner in which the question of neutrality is dealt with. After thoroughly reviewing the transaction, he sums up as follows:—
“Upon further inquiry I learn that my first supposition that the two gentlemen in question had been arrested under some claim of extradition (unfortunately I have not a copy of the treaty between Morocco and the United States) was not exactly correct. It seems that they were arrested by Moorish soldiers upon the requisition of the United States Consul, who claimed to exercise jurisdiction over them as citizens of the United States, under a provision of a treaty