343 Series II Volume III- Serial 116 - Prisoners of War
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You will perceive Mr. De Long informs me that ex-Consul Tunstall and the lieutenant of the Sumter have been seized by him, on what ground he does not say, and he further adds that he wishes the Tuscarora to proceed to Tangier immediately for them.
In the absence of any particulars relating to this affair I cannot but consider it ia high-handed proceeding on the part of Mr. De Long and I sincerely hope that he has good ground to stand on.
I hear that Mr. Tunstall and the lieutenant of the Sumte were passengers for Cadiz via Tangier by the French steamer which left port this morning at 8 o'clock, and it was while they were on shore at Tangier that Mr. De Long had them seized.
I am, dear sir, yors, truly,
H. J. SPRAGUE.
[Sub-inclosure.]
TANGIER, February 19, 1862.
H. J. SPARGUE, Gibraltar.
DEAR SIR: I have seized Tunstall and the lieutenant of the Sumter and I want you to send the Tuscarora for them immediately.
Yours,
JAMES DE LONG.
[Inclosure Numbers 2.]
MADRID, February 26, 1862.
Captain CRAVEN, on Board Steamer Tuscarora:
Pray take the Tangier prisoners in custody aboard you ship, if it can be done without losing sight of the Sumter. Letter to-day.
HORATION J. PERRY,
Charge d'Affaires.
[Inclosure Numbers 3.]
LEGATION OF THE UNITED STATES,
Madrid, February 26, 1862.
Captain CRAVEN,
Commanding U. S. Steam Corvette Tuscarora, at Algeciras.
CAPTAIN: After welcoming you to this coast, where the presence of the privateer Sumter has long called for the attention of our Navy, I beg to say that Mr. Sprague, U. S. consul at Gibraltar and consular agent for Algeciras, has reported to me that arrest by U. S. Consl De Long, at Tangier, of a person calling himself a lieutenant of the Sumter, in company with Mr. Tunstall, late U. S. consul at Cadiz, who was deprived of his consulate for alleged ifidelity to the Government he was serving. I reference to this case I feel it my duty to inform you that I do not regard the proceeding alluded to in the way it seems to have struck Mr. Sprague, according to his communication to you of 19th instant.
The rules of neutrality vary in different States, and especially the rules which obtain among civilized nations are not applicable to the Mohammedan or semi-barbarous powers. Consul enjoy in Morocco an almost absolute jurisdiction over the persons of their fellow-citizens or subjects tothe exclusion of the local jurisdiction of the town or that of the Emperor. Mr. De Long therefore infringes no rule of public law in arresting a citizen of the United States found within his jurisdiction for the crime of treason of for robbery on the high seas any more than
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