_The Tangier difficulty--Loyalty of United States Consuls--A daring
act--Imprisonment of the two Confederates--Captain Semmes' appeal--No
results--An armed force from the Ino--Threatened rescue--Neutrality
again--Foreign Office intelligence--The Harvest Home--Garnered._
The imprisonment of the two gentlemen alluded to at the conclusion of
the last chapter, is an episode in the history of the Sumter which
demands something more than mere passing notice. When the news of the
occurrence reached England it excited a considerable amount of
attention, as not only did the case exhibit some curious phases of the
working of the law of "strict neutrality," but it also afforded a very
excellent idea of the marvellous loyalty of one of the United States
Consuls. Reference has been previously made to the zealous conduct of
the consular officials of the North.
It has been shown that at Maranham, Cayenne, Paramaribo, Cadiz, and
Gibraltar, the respective Yankee Consuls acted upon the broad principle
that every Confederate was the natural enemy of the United States, and a
rebel to boot. Not content with simply holding this opinion, the task
these gentlemen set themselves was, to indoctrinate the Governments of
the several countries in which they were located with the same views of
the case. In some cases they succeeded so far as to cause considerable
vexation to Captain Semmes; and if they failed to convince the
authorities, that the Sumter was a piratical craft, they at least
succeeded in occasionally entailing needless delays in obtaining those
necessary supplies, which as an officer in the service of a country
recognised as a belligerent, the commander of the Sumter had a right to
demand.
The Tangier Consul, however, went far beyond his brethren, for he not
only demanded, but succeeded in effecting the arrest and imprisonment of
an officer and a citizen of the Confederate States. These gentlemen, Mr.
Myers, the Paymaster of the Sumter, and Mr. Tunstall, a private Southern
gentleman, had been despatched by Captain Semmes from Gibraltar to
Cadiz, in search of coal. The vessel in which they embarked touched at
Tangier, and the two Americans landed for the purpose of inspecting the
curious old Moorish city. No sooner were they on shore than the United
States Consul hastened to the authorities, denounced his enemies, and
demanded their arrest, alleging that it was authorized by treaty
stipulation with the United States. After vainly imploring advice from
the representatives of the Christian Powers, the sorely perplexed
authorities complied with this demand, and the two Confederates were
seized, heavily ironed, and kept prisoners in the Consul's house. At the
very first opportunity they communicated with Captain Semmes, and he
with his usual promptitude at once despatched the following letter to
the Governor of Gibraltar:--
C.S. Steamer Sumter, Bay of Gibraltar,
February 22nd, 1862.
Sir,--I have the honour to ask the good offices of His Excellency the
Governor of Gibraltar in a matter purely my own. On Wednesday last, I
despatched from this port, in a French passage-steamer for Cadiz, on
business connected with this ship, my Paymaster, Mr. Henry Myers, and
Mr. T.T. Tunstall, a citizen of the Confederate States, and ex-United
States Consul at Cadiz. The steamer having stopped on her way at
Tangier, and these gentlemen having gone on shore for a walk during her
temporary delay there, they were seized by the authorities, at the
instigation of the United States Consul, and imprisoned. A note from
Paymaster Myers informs me they are both heavily ironed, and otherwise
treated in a barbarous manner.
I learn further that the pretence upon which the unlawful proceeding
was had, is, that it is authorized by treaty stipulation with the United
States. Unfortunately I have not a copy of this treaty in my possession;
but I presume it provides in the usual form, for the extradition of
criminals, and nothing more. I need not say to his Excellency that
treaties of this description are never applied to political
offenders--which I presume is the only category in which the United
States Consul pretends to place these two gentlemen. An occurrence of
this kind could not have happened, of course, in a civilized community.
The political ignorance of the Moorish Government has been shamefully
practised upon by the unscrupulous Consul. I understand that the British
Government has a diplomatic agent resident at Tangier, and a word from
that gentleman would no doubt set the matter right, and insure the
release of the unfortunate prisoners. And it is to interest this
gentleman in this humane task that I address myself to his Excellency.
May I not ask the favour of his Excellency, under the peculiar
circumstances of the case, to address Mr. Hay a note on the subject,
explaining to him the facts, and requesting his interposition? If any
official scruples present themselves, the thing might be done in his
character as a private gentleman. The Moorish Government would not
hesitate a moment, if it understood correctly the facts and principles
of the case; to wit, that the principal powers of Europe have recognised
the Confederate States as belligerents, in their war against the United
States, and that, consequently, the act of making war against these
States by the citizens of the Confederate States, is not an offence,
political or otherwise, of which a neutral can take cognizance; and even
if it were the former, no extradition treaty is ever meant to apply to
such a case.
I have the honour, &c. &c.
(Signed) R. SEMMES.
Capt. S. Freeling, Col. Sec.
This letter was unattended with success, the maintenance of strict
neutrality being a barrier in the way of any interference on the part of
the British authorities at Gibraltar. Accordingly, Captain Semmes penned
the subjoined formal protest, and despatched it to the Governor of
Tangier.
C.S. Steamer of war Sumter, Bay of Gibraltar,
February 23rd, 1862.
His Excellency the Governor of Tangier, Morocco:
I have the honour to inform your Excellency that intelligence has
reached me of the imprisonment by the Moorish Government at Tangier, of
Mr. Henry Myers, the Paymaster of this ship, and Mr. T.T. Tunstall, a
citizen of the Confederate States, and late United States Consul at
Cadiz. I learn further, that these gentlemen are heavily ironed, and
otherwise treated with inhumanity. I am utterly at a loss to conceive on
what ground this illegal imprisonment can have taken place; though I
learn that the United States Consul demanded it, under some claim of
extradition treaty stipulation. A word or two will suffice to set this
matter right. It must, of course, be known to your Excellency, that the
Confederate States have been acknowledged by the principal powers of
Europe, as belligerents in the war in which they are engaged with the
United States; and that, consequently, the Paymaster of this ship, in
any act of war in which he may have participated, can have been guilty
of no offence, political or otherwise, of which any neutral power can
take cognizance. Indeed, as before stated, the neutral powers of Europe
have expressly recognised the right of the Confederate States to make
war against the United States. No extradition treaty therefore can apply
to Paymaster Myers. Mr. Tunstall not being in the military or naval
service of the Confederate States, can no more be brought within the
terms of any such treaty than Paymaster Myers. I have, therefore,
respectfully to demand, in the name of my Government, and in accordance
with the laws and practice of nations, that these two citizens of the
Confederate States be set at liberty.
I have the honour, &c., &c.
(Signed) R. Semmes.
Determined to leave no stone unturned, the Commander of the Sumter
sought to interest the British Charge d'Affaires in the fate of the two
prisoners, as will be seen by the annexed letter:--
C.S. Steamer Sumter, Bay of Gibraltar,
February 23rd, 1864.
Sir,--May I ask of you the favour to act unofficially for me in a matter
of humanity, by handing to the proper officer the enclosed
communication, demanding the release from imprisonment in Tangier of the
Paymaster of this ship, and of Mr. T.T. Tunstall, a citizen of the
Confederate States. The Moorish authorities have evidently been imposed
upon by false representations as to the character and status of these
gentlemen. I hear that the United States Consul demanded their
imprisonment under some extradition treaty. The absurdity of such a
claim will of course be apparent to you. We are recognised belligerents;
our acts of war are legal therefore, so far as all neutrals are
concerned, and it cannot be pretended that any officer of this ship can
have committed any offence in any act of war in which he may have
participated against the United States, which Morocco can take
cognizance of, or bring under the terms of any extradition treaty.
I have the honour to be, &c., &c.
(Signed) R. Semmes.
John Hay Drummond Hay, C.B.,
H.M. Charge d'Affaires, Tangier, Marocco.
On the 24th Mr. Hay replied, and the following extract from his
communication will best explain the grounds he assumed:--"You," he
writes, "must be aware that Her Britannic Majesty's Government have
decided on observing a strict neutrality in the present conflict between
the Northern and Southern States; it is therefore incumbent on Her
Majesty's officers to avoid anything like undue interference in any
questions affecting the interests of either party which do not concern
the British government; and though I do not refuse to accede to your
request to deliver the letter to the Moorish authorities, I think it my
duty to signify distinctly to the latter my intention to abstain from
expressing an opinion regarding the course to be pursued by Morocco on
the subject matter of your letter."
To this despatch Captain Semmes forthwith replied, and his letter is
remarkable for the able manner in which the question of neutrality is
dealt with. After thoroughly reviewing the transaction, he sums up as
follows:--
"Upon further inquiry I learn that my first supposition that the two
gentlemen in question had been arrested under some claim of extradition
(unfortunately I have not a copy of the treaty between Morocco and the
United States) was not exactly correct. It seems that they were arrested
by Moorish soldiers upon the requisition of the United States Consul,
who claimed to exercise jurisdiction over them as citizens of the United
States, under a provision of a treaty common between what are called the
non-civilized and the civilized nations. This state of facts does not
alter in any degree the reasoning applicable to the case. If Morocco
adopts the _status_ given the Confederate States by Europe, she must
remain neutral between the two belligerents, not undertaking to judge of
the nationality of the citizens of either of the belligerents, or to
decide any other question growing out of the war which does not concern
her own interests. She has no right, therefore, to adjudge a citizen of
the Confederate States to be a citizen of the United States, and not
having this right herself she cannot transfer it by treaty to the United
States Consul."
The communication, however, produced no effect; and, meanwhile, another
step was taken at Tangier. The United States frigate Ino no sooner
learnt the news of the capture made by the Consul than it ran over to
Tangier, sent a boat on shore with armed men, and carried off the
prisoners. This proceeding was not, however, allowed to be performed
quite so quietly as the Yankees could have wished. The Christian
population, exasperated at the arrest, turned out in force, and fears
were entertained that even the forty men from the Ino would not be able
to secure the safety of their prize. But here the neutral powers were of
assistance: their representatives, with Mr. Drummond Hay at their head,
came to the aid of the captors, calmed the mob, and thus averting the
threatened rescue, enabled the United States to carry off the two
Confederates on board the Ino.
Captain Semmes, finding he could do nothing with the authorities at
Tangier, communicated with Mr. Mason, the Confederate commissioner in
London, and that gentleman made strong representations at the Foreign
Office, with what results the following statements of facts will show.
It was on the 28th of February that the captives were finally carried
off from neutral territory, by an armed force from an enemy's ship. On
the 8th of March, Mr. Mason was informed by the Under-Secretary, that
the British Government was under the impression that they had been
released from confinement. On the 6th of March, just two days before Mr.
Mason received this intelligence, the Ino, which had run back to Cadiz,
transferred the two unfortunate prisoners to the Yankee merchant ship,
Harvest Home, which carried them away to a prison in the United States.
Such was the history of the Tangier difficulty--a question which, at the
time, created considerable stir in Europe, and which is likely to leave
a lasting impression upon the Southern mind.