on board the Sumter-the said steamer hoisting the C. S. flag and lowering the ensign of the United States of America (which she had previously hoisted) from the moment she took possession of the said bark the American bark Investigator, of Searsport, from Garrucha, loaded with mineral ore for Newport, England, which vessel was afterwards allowed to continue her voyage to Newport, in consequence of the master of said bark giving a ransom bond for $11,250 in favor of Captain R. Semmes, of the aforesiad steamer Sumter and for her being partly owned in a southern port of the United States. That then the crew of the said bark Neapolitan was placed on board the said bark Investigatior and came into this port where they anchored this morning at 4 o'clock, the said appearant having been previously deprived of $86 belonging to him, together with his chronometer, sextant and charts by the aforesaid Captain R. Semmes, of the said steamer. That at about 3 o'clock last evening the aforesaid bark Neapolitan was fired by the crew of the aforesaid steamer at about eighteen miles to the eastward of the Rock of Gibraltar.

In consequence of the foregoing the said appearant herewith solemnly and publicly protests against the said steamer Sumter, her commander aforesaid, officers and crew and all which in right ought to be protested against all losses, costs, damages, detriments and expenses which have or hath arisen or which may accure to those concerned in the aforesaid late American bark Neapolitan, of Kingston, or the proprietors of the cargo in consequence thereof.

This done and protested, the said Andrew Burditt hath hereunto set his hand in Gibraltar this 19th day of January, A. D. 1862.

ANDREW BURDITT.

Sworn before me this 19th day of January, A. D. 1862.

HORATIO J. SPRAGUE.

U. S. Consul, Gibraltar.

I certify that the foregoing contains a verbatim copy of the protest of the master of the laste American bark Neapolitan of Kingston, duly registered in this consulate, and as a verbatim copy of tntitled to full faith and credit. Witness my hand and seal of office in Gibraltar this 20th of January, A. D. 1862.

HORATIO J. SPRAGUE.

U. S. Consul, Gibraltar.

[Sub-inclosure Numbers 13.]

DEPARTMENT OF STATE, Washington, January 31, 1862.

HORATIO, J. PERRY, Esq., Madrid:

SIR: Your dispatch of the 4th of January which gives an account of the proceedings of the Spanish Government in the case of the Sumter and the American citizens whom she carried into Cadiz as prisoners has been received. The President is very favorably impressed by the promptness with which Mr. Calderon Collantes has applied in that unhappy affair the principles of the royal proclamation.

You will seek a proper occasion for making these sentiments known to the minister of foreign affairs.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.