been permitted to do so by competent authority, have provoked or given notice to a declaration of war against Spain on the part of another power, or shall have exposed Spanish subjects to suffer vexations or reprisals against their persons or their properties, by which acts shall be understood whoever shall have invaded a foreign country and shall have committed therein acts of violence, and also whoever shall have insulted a foreign ambassador, he shall be punished with temporary reclusion, if he be a functionary of the state, and if he be not such, with imprisonment." "If the war be not declared, and if the vexations or reprisals be not carried into effect, the respective penalties shall be of the degree immediately below." ART. 154. "Whosoever shall, without sufficient authority, have levied troops within the kingdom for the service of any foreign power, whatever may be his object or the nation against which he intends to commit hostilities, he shall be punished with imprisonment and fined [460] from *500 to 50,000 pesetas." "If any person whosoever shall, without sufficient authority, have fitted out privateers, he shall be punished with temporary reclusion and fined from 2,500 to 25,000 pesetas." Permitting the levying of an armed force in a country for the benefit of some power may be in itself an act of more or less open hostility toward another nation. The crime of levying troops for exciting an insurrection within the kingdom is not embraced in this provision, because it is considered as being a crime committed against the domestic safety of the country. CHAPTER IV, (pp. 246, 247.) ART. 155. "The crime of piracy committed against Spaniards, or against the subjects of another nation which is not at war with Spain, shall be punished with temporary or perpetual irons." "When the crime shall have been committed against non-belligerent subjects of a nation at war with Spain, the penalty shall be the galleys." This offense, which was formerly forbidden under the preceding chapter, is one of the most odious which can be committed; it endangers the safety of private persons, stops the maritime intercourse and all mercantile transactions. The very place where the offense is committed makes it still more alarming and fearful. It is to be noticed that [461] there is no penalty denounced against the offense *when commit The ted for the injury of foreigners at war with Spain. The statutes of all countries have adopted this restriction, on the principle that it is not unlawful to cripple an enemy on land and on the seas, not only by means of regular armies, but also by means of forces commanded by private persons, to whom letters of marque have been issued. amended statute considers piracy as being a crime, and denounces against it a severe penalty, when committed against non-belligerent subjects; but duly authorized privateering is lawful, if against belligerents, and is not to be mistaken for piracy. [462] *No. 2.-CASE OF THE STONEWALL. Mr. Perry, United States chargé d'affaires, to Mr. Seward, Secretary of State. LEGATION OF THE UNITED STATES, Madrid, February 4, 1865. SIR: I received last night a telegram from our consul at Vigo, informing me that a confederate pirate steamer had entered the port of Corunna for repairs. He gives the vessel's name Stonewall, but I received also private advice, late last night, that the ship is the Shenandoah. Copies of these documents go inclosed, as well as another from the consular agent at Corunna, which I at first supposed to refer to some blockade-runner, and treated accordingly. Before daylight to-day the inclosed telegrams had been sent to the consul at Vigo, to the consular agent at Corunna, to the minister of the United States at London, to the chargé d'affaires at Paris, to the minister at Lisbon, and to the consuls at Cadiz and Gibraltar. I trust that from some one of these points a Government cruiser can be notified in time to block the egress of the pirate from the bay. I have also written the note to Mr. Benavides, of which a copy goes inclosed, and as soon as the hour permitted this morning sought him at his own house and placed the note in his hands. I showed him also the account given by our own consul at Tene[463] riffe, on the 29th October last, of the operation *effected between the Laurel and the Sea King, since Shenandoah or Stonewall, and the royal decree of June 17, 1861, and copies of the telegrams I had sent to our consuls. And I said, also, that I had not wished to indicate in my note any step to be taken by Her Majesty's government in preference to another, but I had made a statement of the facts as I understood them, and prefer to leave to the spontaneous action of Her Majesty's government the proper remedy. I did not, however, myself see how Spain could ever permit that vessel to leave her ports again as a privateer. The article first of the royal decree of June 17 could have but one meaning, and though my government had made no reclamation against Spain for the first arming and equipping of this pirate in her waters, unbeknown to her authorities, yet, now that the vessel had come again within her jurisdiction, and within the power of her authorities, if she were again allowed to depart, could not fail to be the motive of grave reclamation from the Government at Washington. Mr. Benavides said, what you wish, then, is that we should disarm the corsair? I said, what would you do if an armed force engaged in insurrection in France should pass the Spanish frontier? Mr. Benavides replied, we should take away their arms. I then asked if there was any motive why this corsair should [464] be treated otherwise? Mr. Benavides *said, in his own opinion, there was not; and, besides, this particular ship seems to be doubly guilty. I added that, in my opinion, she must at least be disarmed completely, both under the dictates of international law and the provisions of the municipal law of Spain. Mr. Benavides took my note and said that he would attend to the affair immediately, and have it set right this day. I shall advise you hereafter what course is taken by this government. With the highest respect, sir, your obedient servant, Mr. Benavides, minister of foreign affairs, to Mr. Perry, United States chargé d'affaires. [Translation.] DEPARTMENT OF STATE, Madrid, Palace, February 12, 1865. SIR: I have received your two notes of the 5th and 9th instant, in which, after informing me of the arrival of the iron-clad steamer Stonewall, with three guns, 300 horse-power, and seventy-nine men, at the port of Ferrol, you request the government of Her Majesty the Queen not to permit the said vessel to repair nor to take coals and provisions, only enough to last her while in this port. In the present case the government of Her Majesty must adhere to the decree of the 17th of June, 1861, the object of which was to pre[465] vent Spaniards from interfering *in the struggle now going on in the United States, as all private interest is stimulated by the hope of gain. It was to be feared they would take part on either side. In consequence of this the government of Her Majesty has ordered instructions to be given to the captain-general of the department of Ferrol not to permit other than necessary repairs to the steamer Stonewall, to be determined by the commander of engineers, so as to make her sea-worthy, but not to improve or increase her sea fitness or military efficacy. In reference to your remarks about the arrival of the Stonewall at Ferrol, I must say she came with papers in due form, without the least indication that she wished to take on articles contraband of war; whereas examinations of her damages show she put in under stress, for certain safety. This being the case, the government of Her Majesty could not disregard the voice of humanity in perfect harmony with the laws of neutrality, and does not think they are violated by allowing a vessel only the repairs strictly necessary to navigate without endangering the lives of the crew. I hope you will be satisfied with these lawful reasons for the resolution in regard to the Stonewall, and will accept the assurances of my most distinguished consideration. [466] *A. BENAVIDES. The UNITED STATES CHARGÉ D'AFFAIRES. Mr. Perry, United States chargé d'affaires, to Mr. Seward, Secretary of State. LEGATION OF THE UNITED STATES, Madrid, February 20, 1865. SIR: On Friday, the 17th instant, Mr. Mercier sent to the Spanish minister of state (Mr. Benavides) a little note, inclosing 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 busi ness could be settled. I saw the original note and the telegram as it was deciphered and sent to the Spanish state department. With sentiments of the highest respect, sir, your obedient servant, HORATIO J. PERRY. Hon. WILLIAM H. SEWARD, Secretary of State, Washington. Mr. Perry, United States chargé d'affaires, to Mr. Seward, Secretary of [467] State. *[Extract.] LEGATION OF THE UNITED STATES, Madrid, February 25, 1865. SIR: I have the honor to transmit, inclosed, the translation of Mr. Benavides's note to me of the 21st instant, in reply to mine of the 18th instant, which was forwarded as inclosure C of dispatch No. 168, of February 20. This note confirms the result announced to you in that dispatch. Last night in company I saw Mr. Benavides and inquired of him if this note was intended to be the end, or whether repairs on the Stonewall would ever be recommenced in this jurisdiction. Mr. Benavides said no, that this was the end of repairs on that ship, and that such was the meaning of his note. With sentiments of the highest respect, sir, your obedient servant, HORATIO J. PERRY. Hon. WILLIAM H. SEWARD, Secretary of State, Washington. [Inclosure.] Mr. Benavides, minister of foreign affairs, to Mr. Perry, chargé d'affaires. [Translation.] DEPARTMENT OF STATE, Madrid, Palace, February 21, 1865. SIR: I have had the honor to receive your note of the 18th in468] 'stant, in which you are so good as to *manifest to me, referring to telegraphic dispatches of the consular agent of the United States at Ferrol, that after the termination of the repairs on the ironclad steamer Stonewall this vessel is still not in a condition to take the seas, because of certain radical defects of construction which you solicit may not be permitted to be remedied in the ship-yard of the said port of Ferrol, nor in any other in Spain. The reasons which you present in support of your wishes have been duly appreciated by the government of the Queen, which, being convinced of its duty not to separate its conduct from the line marked out for it in the royal decree of June 17, 1861, has dictated the proper orders that if be thus done in the case to which you refer. The minister of marine, confirming the orders previously communicated, that the repairs which might be made on the Stonewall should not be such as to better her military or sea-going qualities, has instructed the naval authority at Ferrol to strictly comply with those orders, and not to permit any other work on the said vessel than that qualified by [469] the commandant of naval engineers *as indispensable to repair the particular damage which obliged her to come into the port where she now is. I take pleasure in believing that you will find this resolution of Her Majesty's government in accordance with the suggestion of the note to which I reply, and I avail myself of this occasion to renew to you the assurance of my distinguished consideration. The CHARGÉ D'AFFAIRES of the United States. A. BENAVIDES. [470] *Mr. Perry, United States chargé d'affaires, to Mr. Benavides, minister of foreign affairs. MADRID, March 7, 1865. SIR: I have the honor to inclose copy of a dispatch received from the consul of the United States at Liverpool, which informs me that about thirty men, formerly belonging to the pirate-ship Florida, engaged in the military service of the rebel faction now in insurrection in the United States, are, or soon will be, on their way to join the iron-clad vessel Stonewall now at anchor at the port of Ferrol. For this purpose it was supposed they would be sent by steamer from Calais to some port in Spain, but it is also very possible that they may proceed by land from that place to Ferrol. In laying these facts before your excellency I have to beg that the proper orders be issued to Her Majesty's authorities on the frontiers of France and Portugal, and at all the ports on the Atlantic coast, not to permit the entrance into Spain of these men in the military service of the so-called Confederate States for the purpose of joining the armed expedition preparing aboard the Stonewall to make war upon the United States, but to impede their journey in that direction, and separate them effectually from that port. I beg also that renewed orders may be given to the authorities at Ferrol, in view of these facts, to prevent by every means in the power of Her Majesty's government the joining of [471] more men to *this armed expedition aboard the steamer Stonewall, whether they present themselves singly or in bands, coming by sea or land to that port. And I avail myself of this occasion to renew to your excellency the assurance of my most distinguished consideration. HORATIO J. PERRY. His Excellency the MINISTER OF STATE of Her Catholic Majesty. The military governor of Ferrol to the consular agent of the United States. [Translation.] In reply to your communication of the 7th instant, I have ordered the commandant sergeant-major of this fortified place to pass on board the confederate brig Stonewall, and claim of her commander the individuals belonging to the English ship Cleodon moored in this ship-yard |