Duke de Arcos to Mr. Hay.

[Translation.]

Mr. Secretary: As stated to me by the Spanish consul at New Orleans, on the 26th of last month Don Modesto Peligri, the captain of the Spanish steamer Puerto Rico, hailing from Barcelona, came into his office and informed him that six men of the crew of his vessel bad deserted, three of whom were already held through his own efforts, and he was searching for the others, and requested the aid of the Federal authorities.

[Page 484]

The consul appeared before the competent authorities asking their aid in arresting the sailor deserters, as customary in all ports; but the said authorities refused to grant the request of the consul, on the ground that there was no existing treaty between Spain and the United States that could be invoked to effect the arrest he desired.

Those authorities acted, no doubt, according to their strict right. There are, it is true, no treaties existing between the two countries, but your excellency knows that the abnormal situation which such a circumstance may create has been in many and various cases remedied by a spirit of mutual courtesy through which, even without signature of treaty, transactions are allowed and of common occurrence among friendly nations. Such is the present instance.

The injury which would result from the prevalence of the opinion of the Federal authorities of New Orleans to the navigation and commerce of both countries can not be truly estimated. The sailors of merchant vessels could desert with impunity, and the contracts of their masters would become a dead letter, while there would be no legal means of punishing the guilty.

In view of these considerations I would be much obliged to your excellency if you will kindly state to me what is your opinion on so important a subject, and if there will not be means in the future, until the execution of treaties which will certainly contain clauses governing such cases, of avoiding the impunity remaining to deserters from the mercantile marine.

I avail, etc.,

Arcos.