sacola, at the house of the Spanish consul, 2 rebel officers and 6 privates. As there has been considerable correspondence as to the legality of the capture, I herewith refer the matter, with the communications received at and those sent from these headquarters, for your consideration and orders thereon.

I have received from the Spanish consul two communication relating to the case, copies of which I inclose, marked A* and B. The first of these, marked A, I answered, a copy of which I inclose, marked C.

I have also received a letter from Major General D. H. Maury, commanding Confederate forces at Mobile, Ala., a company of which, as well as my answer thereto, I transmit, marked D and E. The affidavit and report of Captain Young and Lieutenant Parker, Seventh Vermont Regiment (the officer in charge of the scouting party), and that of Captain Campbell (rebel), I also forward, marked F, G, H, and I. From these statements, it appears that the rebels rode into the town without displaying a flag of truce, and were every particular to examine the hollow ways and bushes, to be sure that the enemy (Federals) were not secreted there. They then proceed into the town, and rode to the consulate, as they habitually have, to gossip and obtain information. Captain [Thomas F.] Wade, of the U. S. bark Arthur, blockading off Pensacola, was ashore with an illegitimate flag of truce, and was indulging in a confab with the rebel officers, when suddenly, to the astonishment of all at the consulate, Captain Young and party suddenly turned a corner, and demanded the immediate surrender of the rebels, who very tamely submitted to captured. All of the party excepting the two rebel officers were in the road. No hostile encroachment was made upon the premises of the Spanish consul. Captain Young, at this stage of the proceedings, was subjected to a tirade of absence and ungentlemanly swagger from Captain Wade, whose conduct and language I have reported to the naval authorities.

The Spanish consul, at the time of the evacuation of Pensacola, declined to come with the troops to this place, although he was offered every facility for moving his effects. He is now within the enemy's lines, and undertakes to protect rebels in arms under the folds of the Spanish flag.

I refer you for the other particulars to the documents accompanying this statement.

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

W. C. HOLBROOK,

Colonel, Commanding Troops in West Florida.

[Indorsement.]

Submitted to the general at the time of reception, and returned without action.

[Inclosure B.]

OFFICE OF SPANISH CONSULATE,

Pensacola, September 22, 1863.

Colonel HOLBROOK,

Commanding U. S. Forces, Fort Barrancas:

SIR: I have the honor to acknowledge the receipt of your communication of the 17th instant.

The main point to which, in my dispatch under date of the 8th instant,

---------------

*Inclosure A not found.

---------------