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to Mr. Tassara, who would arrange it with Mr. Seward, and get my action disapproved.

In short, they were not bound nor could they be expected to pay the same attention to a chargé acting ad interim as to a minister regularly accredited, and who must be taken to speak with the whole authority of his government. And this argument turned the scale, and the course referred to was adopted. Faithfully, your obedient servant,

Hon. WILLIAM H. SEWARD,

Secretary of State.

HORATIO J. PERRY.

Mr Seward to Mr. Perry.

No. 68.]

DEPARTMENT OF STATE, Washington, February 20, 1865.

SIR: The Europa's mails arrived this morning, and our out-going mails must be closed to-morrow morning.

Your despatch of February 4, No. 162, is received. Collating its statements with telegraphic despatches which speak of a piratical vessel having entered Ferrol for repairs, and with despatches from Nantes and Paris in regard to one or more pirates having been clandestinely fitted out at Houat island, I find it impossible as yet to determine what has happened and what has not happened anywhere; nevertheless, I am able to approve of all your proceedings as they are represented to me. It will be your duty, as you find yourself justified by further developments, to represent to the Spanish government that the United States cannot consent to endure piratical warfare from Europe under the care of an insurrection that is without ports or courts. We ask from the governments of maritime states the enforcement upon their subjects of peace towards us, just as we enforce it upon citizens of the United States towards them. I am glad to learn that the secretary of state for foreign affairs has indicated to you a disposition to maintain these obligations. Now is a propitious time by wise administration to establish the relations between Spain and the United States upon the basis of peace and lasting friendship. Expecting, with much solicitude, the reply of her Catholic Majesty's government to your judicious representations,

I have the honor to be, sir, your obedient servant,

HORATIO J. PERRY, Esq., &c., &c., Madrid.

WILLIAM H. SEWARD.

Mr. Perry to Mr. Seward.

No. 168.]

LEGATION OF THE UNITED STATES,
Madrid, February 20, 1865.

SIR: I had the honor to send you telegrams on the 17th and 18th instant, through our consuls at Liverpool and Queenstown, which will reach you a week previous to this despatch.

I enclose to-day copies of the series of my telegrams on the subject of the Stonewall from the night of the 9th to the night of the 18th instant, 22 in number, a part of which ought to have accompanied my despatches Nos. 166 and 167, as will be seen by their dates and contents.

I am happy to inform you that since my protest of the 9th instant I find the current of this business changed in all quarters, and I trust it is no longer premature to announce that the career of this formidable ram as a vessel-of-war hostile to the United States is now definitively closed.

On the morning of the 10th instant I saw Mr. Mercier, the French ambassador, and put in his hand a copy of my protest of the night before.

He had on his table also a copy of the letter I addressed to Mr. Bigelow, chargé d'affaires at Paris, dated the 8th instant, (enclosure with despatch No. 165, marked D.) Mr. Mercier was evidently moved by these papers; he defended, however, the ground that the Spanish government were bound to allow all those repairs which belonged to the navigabilité or seaworthiness of the ship. I maintained the distinction between an iron-clad ram and a wooden ship of the ordinary build, fit for peace or war; but above all, I said, pleasantly but firmly, that the United States were resolved to put an end to this fitting out of naval expeditions in Europe to be used against us in America. The case of the Stonewall lay between France and Spain. The ship had been built, manned and equipped in the waters of France, till it took the full form of a formidable armed expedition against the United States, organized and completed in France, except so far as belonged to the repairs of the ship sought to be made in Spain. It struck me that in so far as the ambassador could magnify the theoretical importance of the work doing in Spain, by just so much would he diminish the part of responsibility belonging to France in this enterprise. I hoped that instead of persuading the Spaniards, as he sought to persuade me, that they could put this machine of war into good working order without engaging their responsibility with the United States, he would consider whether it would not avoid a good many disagreeable complications if we could stop this expedition entirely, just where it is. He said that Mr. Drouyn de Lhuys had sent him no instructions, and there had been plenty of time to send him a telegram if the minister had wished him to take any part in the matter. I inquired whether Mr. Bigelow would have enjoyed a sufficient dergee of contact with Mr. Drouyn de Lhuys to have impressed the latter with the circumstances of this case, as we looked upon them and as he (Mr. Mercier) well knew they would be regarded in the United States. Mr. Mercier gave his testimony to the zeal and ability of Mr. Bigelow, and was certain he would not have left undone anything that could be done. I most heartily concurred in the same opinion, but nevertheless urged Mr. Mercier to himself write to Mr. Drouyn de Lhuys, giving him his ideas of the matter in case that minister might wish to take any action.

That interview closed cordially, without Mr. Mercier's giving me any definite reply, the whole being conducted in the tone of a frank and friendly morning call, with as little of an official air as possible.

On Friday, the 17th instant, Mr. Mercier sent to the Spanish minister of state (Mr. Benavides) a little note enclosing a telegraphic instruction from Mr. Drouyn de Lhuys to Mr. Mercier, informing him that a commission rogatoire had issued from the French government to inquire into the circumstances of the abduction of several French sailors by the Stonewall, as was alleged, against their will, and directing him to request the Spanish government to detain that ship until this business could be settled. I saw the original note and the telegram as it was deciphered and sent to the Spanish state department.

Mr. Benavides informed me, on the 18th instant, also, that I was under obligations to Mr. Mercier for many good offices in this business of the repairs of the Stonewall; that he had recently seen him several times, and talked with him in a manner much to favor my pretensions in this matter.

Mr. Mercier, however, has not himself communicated a word to me about his action, since our interview of the 10th instant, which was as related.

On the 11th instant I received from Mr. Bigelow the letter marked B, informing me that no assistance was to be expected from the French government. This letter was written on the 8th instant, the day previous to my protest. The repairs on the Stonewall were diminished, in fact, as reported to you in my No. 166, of 14th instant. On the 15th they were completed, leaving her in such state, that on the evening of the 17th I received the telegram No. 10 from

Ferrol, which explains itself, and was transmitted in substance to you through Mr. Dudley, at Liverpool, and to Mr. Bigelow, at Paris, and Mr. Harvey, at Lisbon, the same evening.

On the 18th instant I had a very satisfactory interview with Mr. Benavides, in which I sought and obtained from him the promise that nothing more should be done on the Stonewall.

He requested me to put the substance of what I said into writing, which I did immediately afterwards in the note of the same day, (copy enclosed, marked C,) and I had the satisfaction to send you the telegram No. 23 through our consul at Queenstown, announcing the general result in time for the steamer which sailed a week previous to the one which bears this.

Mr. Benavides informed me that the naval officers at Ferrol also reported that the Stonewall could not go to sea without more extensive and more thorough work being done upon her, but that I was right, and the work could not be done.

He had told Mr. Mercier that he did not know how he could very well give an order to detain the ship merely because he requested it, but that the ship could not leave port with the Niagara stopping the way, even if she were seaworthy, which she is not; and meantime he might write to Mr. Drouyn de Lhuys to send on the commission rogatoire in an official form, and it should be executed.

But, I said, you have just notified me that the 24-hours rule would be enforced in the sailing of the Stonewall and the Niagara. Mr. Benavides replied that that was the rule adopted by all nations in such cases, but in answering some observations of mine on the rule, I noticed that Mr. Benavides was not fully convinced that it would stop the Niagara if the Stonewall should get under way, only he hoped that in no event would there be any fighting between the two ships within the Spanish jurisdiction.

He mentioned the admiration of the Spanish naval officers on inspecting the Niagara, and was so good as to congratulate me on the success of my labors to detain the Stonewall, and render her career abortive.

I took advantage of the moment to say how painful it had been to me, after nearly four years of war, in which there had been no complaint, and after fourteen years that I had been in personal contact with her Majesty's government, to be obliged to throw myself into open conflict with him, in a case where I well knew that this government had no interest or sympathy to satisfy, but was only animated by a wish to get rid of an unwelcome visitor as promptly as possible.

Mr. Benavides said that was exact. I remarked, however, that it was the inflexible determination of my government to put a stop to the fitting out of armed vessels in Europe to make war against the United States, and though I knew that this ram had chosen the ports of Spain as the scene of her preparations, much against the pleasure of the Spanish government, yet he must see that I had no course open but to perform my duty.

Mr. Benavides said that I was right, and my government was right; that he had no sympathy at all with the insurgents in 1ebellion against the government of the United States, and that no more work should be done on that ship.

I have also seen Mr. Banuelos to-day, who has confirmed this promise by informing me that, in view of my note and telegrams of the 18th instant, an official letter had been sent from the state department to that of the navy not to allow any more work to be done on the Stonewall.

I enclose for your information copies of the telegrams received in this legation on this subject from the 12th to the 20th instant, (enclosure D.) Also enclosure E, three letters from the consular agent at Corunna, giving valuable information. Enclosure F, two letters from Mr. Fernandez, at Ferrol, one of which marked private, in which he informs me that he was performing his 32 D C *

duties under the severe affliction of the loss of his wife by death on the 2d instant, will call your attention.

I trust that the most just claim of this old and valuable servant of our gov ernment for relief, presented to you in Mr. Koerner's despatch No. 74, of January 21, 1864, and again by me in No. 148, of December 11, 1864, will not be passed by unheeded. His services on this occasion have been excellent. You will notice his testimony to the effect that the vigilance exercised by the authorities over the Stonewall has been vigorous and effective.

Enclosure G, a private note from Mr. Banuelos, also confirms for you the fact that no transshipment of effects from the tender Louisa Anna Fanny to the Stonewall was allowed. The former then sailed for Bermuda, according to the accounts of the authorities which I saw at the state department in Madrid. If the Sacramento could have been at her post she would not have escaped. I am told that this ship is at last nearly ready to sail from Lisbon. With sentiments of the highest respect, sir, your obedient servant, HORATIO J. PERRY.

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington.

[Enclosure A.-Despatch No. 168.]

Case of the Stonewall at Ferrol.-Telegrams sent out by Mr. Perry, from February 9, at night, to February 18, at night, 1865.

No. 1.

[Telegram.-February 9, at night.]

His Excellency the Minister of the United States, Lisbon:

Has the Sacramento sailed? Let her lose no time. I am afraid the ram will be off tomorrow.

No. 2.

[Telegram at 94 a. m., February 10, 1865.]

M. le Chargé d'Affaires des Etats Unis à Paris:
Le corsaire Stonewall s'en ira probablement demain.

No. 3.

[Telegram at 9 a. m., February 10, 1865.]
[Official service.]

His Excellency the Minister of the United States, London:

The confederate iron-clad ram will probably start again for Ferrol to-morrow,

No. 4.

PERRY.

PERRY.

PERRY.

[Telegram at 94 o'clock p. m., February 10, 1865.]

To the American Minister, Lisbon :

If that ship cannot move forward immediately to help Captain Craven on the scene of action, she certainly is in a most unfortunate condition.

No. 6.

[Telegram at 4 p. m., February 11, 1865.]

James E. Harvey, Minister of the United States, Lisbon:

PERRY.

Niagara has just arrived at Corunna. Let the Sacramento lose no time in going to join her. The corsair badly damaged is still at Ferrol. Lose no time.

PERRY.

No. 7.

[Translation.]

[Telegram at 44 p. m., February 11, 1865.]

Sr. Fernandez, Consular Agent of the United States at Ferrol:
Send a reliable person aboard the frigate to inform him immediately.

PERRY, Chargé d'Affaires.

No. 8.

[Telegram at 44 p. m., February 11,1 865.]

To Captain Craven, abordo la fragata de guerra Niagara, en Corunna :

Welcome, captain. The Sacramento coming round from Cadiz has stopped at Lisbon for repairs. I have used every exertion to get her started again. Better send her a telegram direct from yourself. The Chargé d'Affaires, PERRY.

No. 9.
[Translation.]

[Telegram at 9 o'clock a. m., February 12, 1865.]

United States Consular Agent at Corunna :

Why don't you communicate to me the arrival of a vessel-of-war at your port? What vessel is it? Who commands? Has the captain received a telegram from me?

The Chargé d'Affaires, PERRY.

No. 10.

[Telegram at 9 a. m., February 12, 1865.]
M. le Chargé d'Affaires des Etats Unis, à Paris :
The Niagara has arrived at Corunna.
Sacramento at Lisbon making repairs.

The Stonewall at Ferrol commencing repairs. The
Your telegram not official has been received.

PERRY.

No. 11.

[Telegram at 10 o'clock p. m., February 12, 1865.]

Al Capitan Craven, aborda la fragata de guerre Niagara, Corunna :

The ram is fothering her helm-ports, reported to need three days, but keep a sharp look out at night; she is fast. The agent at Ferrol, Antonio J. Fernandez, is trustworthy. No news from the Sacramento.

No. 12.

[Telegram at 10 p. m., February 12, 1865.]

Mr. Harvey, Minister United States, Lisbon :

Has the Sacramento started? Captain Craven expects her at Corunna.

No. 13.

[Telegram at 1 p. m., February 14, 1865. ]

PERRY.

PERRY.

Mr. Harvey, American Minister at Lisbon :

For God's sake get the Sacramento off immediately. The Stonewall will be ready to sail to-morrow A second steamer under English flag has just entered Ferrol, very suspicious. Supposed consort of the Stonewall.

PERRY.

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