the uniform custom of all nations to arrest and
hand over to their proper officers, deserters from ships of war; and
this without stopping to inquire as to the nationality of the deserter.

[Footnote 6: The paragraphs omitted, contain merely a recapitulation of
the claim of the Confederate States to full belligerent rights.]

4. If this is the practice in peace, how much more necessary does such a
practice become in war; since, otherwise, the operations of war--remote,
it is true--but still the operations of war, would be tolerated in a
neutral territory.

5. Without a violation of neutrality, an enemy's consul in a neutral
territory, cannot be permitted to entice any seamen from a ship of the
opposite belligerents, or to shelter or protect the same; for, if he is
permitted to do this, then his domicile becomes an enemy's camp in a
neutral territory.

6. With reference to the question in hand, I respectfully submit that
the only facts which your Excellency can take cognizance of, are, that
these deserters entered the waters of Spain under my flag, and that they
formed a part of my crew. The inquiry cannot pass a step beyond, and
Spain cannot undertake to inquire, as between the United States Consul
and myself, to which of us the deserters in question more properly
belong. Such a course would be tantamount to an interposition between
two belligerents, and it would be destructive of the essential rights of
ships of war in foreign ports, as well in peace as in war.

7. I am inclined to admit that if a Spanish subject serving under my
flag should escape to the shore, and should satisfy the authorities that
he was held by me by force, and either without contract, or in violation
of contract, that he might be set at liberty, but such is not the
present case. The nationality of the deserters not being Spanish, Spain
cannot, as I said before, inquire into it. To conclude, the case which I
present is simply this:--Several of my crew, serving on board my ship
under voluntary contracts, have deserted, and taken refuge in the
consulate of the United States. To deprive me of the power, with the
assistance of the police, to recapture these men, would convert the
consulate into a camp, and the consul would be permitted to exercise the
right of a belligerent on neutral territories.

I have the honour to be, &c., &c.

(Signed) R. SEMMES.

Exmo. Sr. Don J. Mendez de Vigo,
Military Governor, Cadiz.

_Friday, January 17th