Mr. Tassara to Mr. Seward
The undersigned, minister plenipotentiary of her Catholic Majesty, has received the note which under this date has been addressed to him by the Department of State, on the arrival of the Stonewall at Havana, with the more astonishment, because the explanations which he had on the 17th instant with the honorable Secretary of State ad interim were of the most friendly nature.
Deferring to the care of her Majesty’s government the answer to this note in general, the undersigned nevertheless believes himself to be authorized at once to take notice of the following paragraph:
“The undersigned (says the honorable Secretary of State ad interim) is directed to announce to her Catholic Majesty’s government as well as to all other parties concerned, that if after this communication may be delivered, and shall have reached the government of Spain, or of any of her dependencies, the Stonewall or any other war vessel flaunting the flag of the insurgents in this country shall be received or allowed to remain in Spanish ports or waters, with the knowledge or consent of the authorities of those ports, thenceforth no naval vessel of Spain will be received in a port of the United States, and this government will deem itself warranted in taking all the measures which the peace and safety of the United States demand, by ordering the destruction of the insurgent vessels aforesaid, as the nature of the occasion and its exigencies might require.”
To which the undersigned will reply:
1st. That in what relates to the dependencies of Spain, their authorities receive orders from the government of Spain, and not from this legation.
2d. That the pretension which is set forth in the note, that no vessel of the heretofore called Confederate States be received or permitted to remain in Span ish ports is in flagrant contradiction of the tenor of the anterior notes of 17th instant, from the honorable Secretary of State ad interim himself, in the last paragraph of which he says to the undersigned what follows:
“You may inform him (the captain general) that it is hoped the high estimate which is entertained here of his prudence and justice will have no occasion to be abated by a continuance of hospitality to insurgent cruisers in the ports of that island.”
3d. In fine, that although the right of the United States to follow and destroy insurgent vessels is notorious, it is no less so that the right can only be exercised within the limitations of maritime and international law.
The undersigned avails of this occasion to reiterate to the honorable Secretary of State ad interim the assurance of his highest consideration.
Hon. Secretary of State of the United States, &c., &c., &c.,