[Extract.]
Mr. Perry to Mr.
Seward.
No. 13.]
Legation of the United States,
Madrid,
August 16, 1862.
Sir: I have the honor to enclose two papers
referring to the case of the Mary Scaife, rebel brig, which has recently
sailed from Barcelona, loaded with a valuable cargo, ostensibly for Vera
Cruz, but really, as is supposed, for running the blockade of our
southern coast. I formerly informed you that this vessel had succeeded
in running the blockade outward from Charleston, and had arrived safely
at Barcelona, with a cargo of cotton, which she there discharged.
The correspondence of our able and efficient consul (Mr. J. P. Little) at
that port will have kept you informed of what happened at Barcelona, and
the manner in which this vessel was transformed into the Good Luck, and placed under the British flag. I
do not, therefore, burden the mail with documents which will have
reached you directly from Barcelona. My reply to Mr. Little of August
12, approving his temperate, business-like, and effective action at
Barcelona, will be found marked B.
Our consul at Gibraltar (Mr. Sprague) has been active, under my
direction, as our consular agent for Algecir as; and Captain Pickering,
with the Kearsage, (steamer,) has been incessantly cruising to the
eastward of the straits, for the purpose of intercepting this vessel,
but with no result up to my last advices.
Your instruction (No. 37) of the 21st of July, in reference to the
projected coal depot at Cadiz, has been immediately put in course of
execution; and I shall probably be able to send you the full and minute
report desired by the Navy Department by next mail steamer from
Liverpool.
Your No. 38, of July 28, has also just reached me; and for the flattering
expressions it contains I beg to return my thanks.
* * * * * * * * *
With the highest respect, sir, your obedient servant,
Hon. William H. Seward, Secretary of State.
[Page 512]
[Untitled]
United States Consulate,
Barcelona,
August 7, 1862.
Sir: I have the honor to enclose to you
herewith copies of two communications just received from the captain
general, by which you will see that in the question of the Mary
Scaife he has acted in accordance with the authorities he cites as
having consulted—that is, the captain general has not in any way
intervened in the matter, except to declare my protest as not
sufficient to authorize him to prevent the departure of the brig,
and in stating that the non-compliance on the part of the seller, a
citizen of the United States, with the necessary and legal forms of
sale, as the indorsement and registering of the same in this
consulate, does not in any manner affect the validity of the
purchase on the part of the British subject; and, further, that the
entry at this port of the said brig under a flag adopted by a
portion of the southern States of the United States of America, now
in rebellion against the legitimate government of the said United
States, and the sale of the brig without having complied with the
requisite registering of said sale in this consulate, as required by
the laws of the United States, does not and cannot, either directly
or indirectly, imply the recognition of the said rebellion. This
seems to me impossible, as either the Mary Scaife was admitted
subject to the laws of our treaties with Spain, and to the maritime
laws of the United States, or she was admitted as independent, and
not owing obedience to said laws and treaties. The captain general
does not, however, decide this point, as he states only that the
legality or illegality of the sale is a question not to be decided
by the Spanish laws, but by the existing treaties between Great
Britain and the United States. The British consul, however, affirms
that the sale and purchase, having been duly made through a notary
public of this city, and the purchaser having presented himself
before him with a passport and other proof of his nationality, he
could not refuse to furnish him a temporary register, by which the
vessel is placed under the British flag for the term of six months,
or until she can be regularly registered in some British port. You
will see, therefore, that the local authorities pretend to show the
good faith and legality of the sale by the recognition of the same
by the British consul, and the consul asserts that the sale has been
duly and legally made through a notary public, and that the vessel
has thereby become British property—each party relying upon the
other to sanction the course he has pursued. As I now submit to your
inspection the final papers in regard to this sale and change of
nationality of the brig Mary Scaife, and the vessel having left this
port, any further action on my part will probably not be demanded.
However, in calling your attention to the latter part of the captain
general’s more lengthy communication, I beg to inform you that,
should the course I have taken in this difficult matter meet with
your approbation, I should be exceedingly obliged to you if you
would notify me as soon as convenient, as I am anxious to inform the
captain general of your approval, in reply to this part of his
communication, and also to inform him that questions and events of
great importance sometimes arise, even as the present, where a
consul is obliged to act in a partially diplomatic manner, both on
account of the seriousness of the event or question and for want of
time to be able to bring the matter for decision before the legation
from which he depends.
I have applied to the custom-house for a list of the cargo outward,
and as soon as received shall forward to Washington, with the
description of the vessel, as I am sure she will again attempt the
blockade.
I am, sir, your most obedient servant,
JOHN ALBRO LITTLE, Consul.
Horatio J. Perry, Esq., Chargé d’ Affaires, United States Legation,
Madrid.
[Page 513]
Mr. Perry to Mr. Little.
Legation of the United
States, Madrid,
August 12, 1862.
Sir: Your communications to No. 16,
inclusive, of August 7 have been received, with their enclosures,
and inform me of your own proceedings in the case of the brig Mary
Scaife, as well as those of the Spanish authorities, British consul,
and other parties at your port. These papers are very interesting,
and I take pleasure in acknowledging the very efficient, temperate,
and business-like way in which you seem to have managed this whole
affair.
It is the province of the captain general to see that you do not take
upon yourself the discharge of diplomatic or political duties,
especially as he himself would lack authority from his own
government to correspond on such subjects; but it is quite within
your province, and is, indeed, a prominent part of your consular
duty, to watch over the proper execution of all treaties,
ordinances, and customs, which affect the condition of ships and
mariners from the United States at the port of Barcelona; and, in
the case of anything extraordinary occurring, to make the facts
known to the local authorities, with such observations as you may
think necessary, in order to convey a proper idea of the case, so
that their action, if any be taken, should be adequate, and based on
a full knowledge of the case.
I have failed to see that you have transcended your duty in any
respect in the course of this affair.
I have been in frequent correspondence with our consuls at Gibraltar,
Malaga, and Cadiz, on the subject of the vessel referred to, and
trust she may be intercepted in the straits, or taken on our coast,
where her description would have preceded her.
Respectfully, &c, your obedient servant,
John Albro Little, Esq., United States Consul, Barcelona.
