sovereignty are against us, and the masses of this continent will see the republic of Washington divided without a protest, almost without regret. It cannot be concealed that already, in this country, the hope that slave emancipation will be proclaimed by the government of the United States, as that hope rises or falls, gives the measure of popular favor to our cause. Without that hope I am persuaded by recent indications, which I can neither neglect nor fail to report to you, that this government could adopt the policy of recognition of the so-called Confederate States without any considerable opposition in the interior of Spain. With that measure proclaimed by the United States, I, on the other hand, am clear that this government could not venture on the step alluded to, or, if it did, that error would soon be followed by such events in the interior of Spain herself as would promptly take away all its significance for us, and result, perhaps, in giving to the United States a better position relative to Spain than we have held since the first days of our national independence. You have recently received information relative to Spanish political affairs. which will enable you to estimate, in some degree, the value and reliability of this conclusion.

The President will, of course, be guided in the conduct of our affairs at this crisis by superior considerations of interior policy, of which I am not cognizant. It is my duty simply to report what passes here of interest to our country, and having done this, to leave to the President and to God the issue.

With sentiments of the highest respect, sir, your obedient servant, HORATIO J. PERRY.

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington.

Mr. Seward to Mr. Tassara.

DEPARTMENT OF STATE,

Washington, December 10, 1861.

SIR: The Spanish steamboat Nuestra Senora de Regla, Reynals, master, was, on the first day of December instant, lying in the harbor of Port Royal, Brigadier General Sherman, who was in command of the United States military forces there on that day, received what he deemed sufficiently authentic evidence that the aforenamed steamer had on board papers and despatches of the insurgents who are in arms in that part of the country against the United States, with a view to convey them to ulterior destinations. He thereupon ordered that the vessel should be searched. This service was performed by the provost marshal. That officer found on board of the vessel a large number of letters, treasonable in their nature, written by insurgents to their confederates in other parts of the United States and in foreign countries. He also found on board letters written by such insurgents to colluding parties in foreign countries with designs for breaking the blockade which has been established at the port of Charleston.

He found also despatches by the pretended insurrectionary or revolutionary authorities in Richmond to agents designated by themselves in Europe, giving directions for the purchase of arms, military stores, and munitions of war on that continent, to be conveyed to this country and delivered into the hands of the insurgents, to be used by them in their efforts to subvert the government of the United States.

The circumstances of the case show that one Emilio Puig, a resident of Charleston, but claiming to be a Spanish subject, who was found on board the vessel, was a guilty agent of the insurgents in conveying this treasonable cor

respondence and these treasonable despatches to Havana with a view to their various destinations. At present I do not dwell on the question whether the Spanish consul at Charleston had knowledge of the objectionable conduct of the said Puig, and of the treasonable correspondence and despatches.

With the correspondence and despatches I have described, there was also found a closed cloth bag bearing the official seal of the consul of her Catholic Majesty at Charleston, with the following label:

"Correspondence official.

"Exemo Sôr Gobernador y Cap'n Gral de la Isla de Cuba, Habana del Consulada de Espano en Charleston."

General Sherman writes concerning it as follows: "The bag from the consul at Charleston to the captain general of Cuba was ripped open by the provost marshal without my authority, and probably through ignorance. Its contents have not been disturbed."

Without stopping to consider whether the circumstances of the case would have justified an examination of the so-called consular bag, I have obeyed the promptings of that confidence which I always cheerfully entertain towards yourself, his excellency the captain general of Cuba, and all the Spanish authorities, and have left the bag and its contents in the exact condition in which they came to my hands, being practically the same in which they were found on board the

steamer.

This bag I have the honor to place in your hands, with the view that it may be sent forward to its destination, not for a moment doubting that if, instead of its being what the label describes it to be, namely, a genuine correspondence between the consul at Charleston and the governor general of Cuba; and if, on the other hand, the contents of the bag are of an unlawful nature, that then such contents will be made known to this government.

I regret to say that the facts disclosed render it the duty of the government to subject the vessel in question to judicial proceedings for having violated the laws of the United States and the law of nations, and further to detain the aforesaid Emilio Puig for an investigation into the transaction, as well as to ascertain his true character and conduct in regard to the unlawful proceedings with which he has been connected.

I avail myself of this occasion to offer to you renewed assurances of my very high consideration.

Señor DON GABRIEL GARCIA Y TASSARA,

WILLIAM H. SEWARD.

sc., &c., &c.

Mr. Tassara to Mr. Seward.

[Translation]

LEGATION OF SPAIN AT WASHINGTON,

Washington, May 28, 1862.

The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has the honor to address the honorable Secretary of State to bring to his knowledge an affair worthy of especial attention. According to official communications from the authorities of Cuba, the cruisers of the United States not only frequently come close to those shores, but also chase vessels within the territorial waters of the island.

Three vessels of your navy have lately been pursuing within two miles of the

strand a steamer of the seceding southern States, the California, whose captain, on arrival in port, made protest before the competent authority. In view of this, and of other acts, the governor captain general of the island directed the departure of a ship-of-war for the purpose of watching over the coasts. This vessel, the frigate Petronila, in effect, found cruising at some miles off various vessels under the American flag, whose presence was the more extraordinary inasmuch as, by reason of the distance, they could not belong to the blockading squadron of the southern ports. Upon nearing at last the corvette Marion, the two commanders exchanged the two communications, copies whereof are annexed, (1 and 2,) that from the Petronila being addressed to the commander of the federal forces, asking, in the name of the principles of international law, and of the friendly relations existing between both governments, that he should withdraw the cruiser from within the maritime zone enclosing the coasts of Cuba; and that of the Marion limited to saying, after having exchanged signals with the steamer Cuyler, that the commander of the federal forces referred to had returned to Key West, and that the first communication would be sent to him.

All this occasions the more surprise to the undersigned, as the spirit is so much better in which, accordantly with the orders of the government of her Catholic Majesty, the authorities of the island of Cuba fulfil their duties to wards the government of the United States.

He believes, nevertheless, as do also those authorities, that the cruisers aforesaid, far from obeying instructions from superiors, are acting in contravention of those they have, by holding in a species of blockade the ports of a neutral power which is, at the same time, the friend of the United States, and he hopes that orders will be immediately given to stop such a state of things. He also hopes, not only in virtue of principles universally recognized by all the maritime powers, but also in regard of the friendly and loyal relations, as it is known to the honorable Secretary of State, the Spanish government maintains with that of the United States, that all these reasons should meet with proper reciprocity. The undersigned avails himself of this fresh occasion to offer to the honorable Secretary of State the assurance of his highest consideration.

Hon. WILLIAM H. SEWARD,

Secretary of State of the United States.

GABRIEL G. TASSARA.

Mr. Seward to Mr. Tassara.

DEPARTMENT OF STATE,

Washington, June 2, 1862.

The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note of Mr. Tassara, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, of the 28th ultimo, accompanied by a copy of correspondence between Lieutenant Winslow, commanding the United States steamer R. R. Cuyler, and Captain Vinalet, commanding her Catholic Majesty's frigate Pinola.

Mr. Tassara represents that the United States cruisers frequently approach close to the shores of Cuba, and chase vessels within the jurisdiction of that island.

Such proceedings, Mr. Tassara may be assured, have not been authorized by and cannot be approved by this government, which highly appreciates the friendship of Spain. There is, however, one passage in Mr. Tassara's note which seems to require special attention. It states that the Petronila found various United States vessels cruising at such a distance from the coast that

they could not belong to the fleet employed in blockading the ports of the insurgent States. If, in point of fact, the United States cruisers were in the position referred to, they may not have belonged to the blockading fleet, but may have been employed in asserting other just belligerent rights of this government, without trenching upon the sovereignty or disregarding the neutrality of Spain. A copy of Mr. Tassara's note has been sent to the Secretary of the Navy, with a request that such instructions may be given to the United States naval commanders in that quarter as will for the future prevent any just cause of complaint on the part of her Catholic Majesty's authorities.

The undersigned avails himself of this occasion to offer to Mr. Tassara a renewed assurance of his very high consideration.

WILLIAM H. SEWARD.

Señor DON GABRIEL GARCIA Y TASSARA, &c., &c., &c.

Mr. Tassara to Mr. Seward.

[Translation.]

SPANISH LEGATION, Washington, June 28, 1862.

The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has the honor to call the attention of the honorable Secretary of State to occurrences intimately connected together, in which very lately the Spanish consul at New Orleans has interposed. In consequence of the procla mation of the President of the United States, declaring the port of New Orleans to be open, the Spanish steamer Cardenas left the Havana for that place on the 31st May last with freight and passengers, arriving at her destination on the 4th instant, without her passage being hindered either at Fort Jackson or at the Lazaretto, and, on the other hand, without having had from the consul of the United States at the Havana any notification whatever about quarantine.

But after a short time she received an order to go back to Fort Jackson, which she did, but not till after landing her passengers, about which no difficulty was made. In this situation the Spanish consul sent on the 10th to General Butler a communication remonstrating against the order, founding it on the old sanitary legislation of the State of Louisiana, according to which quarantine was not imposed on vessels coming from Cuba, unless the usual proclamation had been first made declaring what ports were considered as infected, and vessels which had been cleared without notice of the proclamation were admitted to free pratique.

The consul added that in this case, besides the circumstances of the vessel having commenced her voyage at a period earlier than that expressed by the said regulation for the application of the provisions it contains, it might be alleged the favorable opinion of the board of health. Such opinion being that the Cardenas had arrived in the best condition, and that there was no reason for sending her back, (unless something new had turned out on board,) as is shown by the circumstance that she had been allowed to land her passengers. Mr. Culliyon notices another peculiarity, to wit: that the captain was not notified how long he should remain in quarantine. On this account, calling the attention of General Butler to the losses which were accruing by such unexpected detention, since besides the risk of spoiling the cargo, which consisted of fresh fruits, there was a scarcity of provisions, they having been provided only for the time reckoned upon for the passage, and there being no means of renewal where they were at the time.

Not having received any reply, the consul on the 12th scut another despatch, of which a copy is annexed, transcribing literally that of the 10th, and placing

afresh in prominence the considerations which meditated in favor of the Cardenas.

He concluded by stating that on that date expired the term of ten days, which in the greatest strictness it had been usual to impose on vessels coming from Cuba, and that for this and other reasons which had been stated it was hoped orders would be given for the admission of the steamer.

The measure taken with the Cardenas appears the more arbitrary as it makes a contrast with the course pursued with the North American steamer Roanoke. That vessel, after touching also at Havana, had been also admitted at the port of New Orleans, without, like the Cardenas, being obliged to return to the Fort Jackson to perform quarantine. This consideration, without doubt, is only secondary in presence of the graver incident to which the clearing of the Roanoke for the Havana gave place between General Butler and the Spanish consul.

Differing from the case of the Cardenas, from the Havana, the Roanoke sailed from New Orleans after the 1st of June, a date at which, according to all instructions and practice of the Spanish consulate at that port, the state of public health is noted on the papers, and on clearing her it was the consul's duty to note that he would not give her a clean bill of health. The consignee replied that he would not take the paper which was given to him if it did fix the number of days of quarantine which should be imposed on her at Havana, to which the consul rejoined that those which were to be imposed on the Cardenas not having yet been fixed, and there having always been observed strict reciprocity between New Orleans and the ports of Cuba, it was not possible for him to do it; that probably the same number of days would be imposed on the Roanoke as would be imposed on the Cardenas. The consignee went to see General Butler, and the consul being called by that authority, he required of him that he should issue to the Roanoke a clean bill. The consul refused to do so; a conversation ensuing, in which, according to an official communication before him, the undersigned finds himself under the necessity of calling the attention of the honorable Secretary of State to the following points:

First. An order of General Butler to the consul of Spain conceived in these terms: " The consul of Spain will issue to the steamer Roanoke a clearance like that which at this season of the year would be given to any vessel whose (doculeon) complement of crew might raise a question (disputava) of good health.”

Second. The threat of the same General Butler to the same consul of Spain to ship him off on the Cardenas and send him to the Havana.

Third. The intimation made by the same General Butler to the same consul of Spain to tell the captain general of Cuba that he would give him much pleasure by not sending any more Spanish vessels to New Orleans.

As respects the order itself, the Secretary of State knows that General Butler has no power to give orders to a foreign consul in matter of such exclusively consular attribution as the clearing of a vessel for a port of his nation, and that the consul could only regard it as not received. In regard to the terms in which it is conceived, it could be deduced from them that the (docation) crew list of the Roanoke at the time raised no question of health, which would add more weight to the requisition of General Butler. Fortunately, from the communications of the consul, it seems to follow that it was not so.

For every reason, even if the crew of the vessel was enjoying full health, the consul was under obligations to note upon the clearance the state of public health at New Orleans, without, in so doing, doing anything else than to issue to the Roanoke a clearance like that he would give at this season of the year to any vessel which might leave New Orleans after the 1st of June.

It was General Butler who pretended that, under his command, this year a new thing should be done. As for the threat of sending the consul of Spain to the Havana because he refused to issue the clearance which was required of