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be annexed thereto a copy of some of the official communications to which allusion has been made, and especially the correspondence between his excellency the governor general of Cuba and the consul general of the United States in that island, and the recent communication from Mr. Perry, together with a copy of the royal decree to which reference has been made.

The undersigned avails himself of this occasion to offer to Mr. Tassara renewed assurances of his high consideration.

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SIR: I send you copies of a correspondence which has taken place between this government and Mr. Tassara respecting the detention of several American vessels at Cienfuegos, which were carried into that port by the priva teer Sumter, with copies of documents which illustrate the subject.

I regret very much that the captain general did not assume responsibility to deliver up the vessels, and that Mr. Tassara also declined it. It must be apparent that the entire commerce of Spain, as well as that of this country, is exposed to serious embarrassment if her Catholic Majesty's government, under whatever view of the subject, suffers privateers to find shelter, or supplies, or favor.

This government does not doubt that the Spanish government will promptly direct the release of the vessels, with their cargoes.

I am, sir, your obedient servant,

CARL SCHURZ, Esq., &c., &c., &c., Madrid.

WILLIAM H. SEWARD.

No. 5.]

Mr. Schurz to Mr. Seward.

LEGATION OF THE UNITED STATES,
Madrid, July 22, 1861.

SIR: I have the honor to enclose a copy of the royal order of the 16th of May last, addressed to the captain general of Cuba, and published in the Gazette of the Havana on the 16th June, just published in the official Gazette of Madrid.

It provides that, during the fourteen months after its publication at the Havana, all hard biscuit should be admitted free of duty in Cuba, no matter whence it come; and also the duties on Indian corn, and Indian meal and flour, potatoes, and beans, should be reduced one-half during the same period. I suppose your attention will have been drawn to this order by the consul of the United States at Havana, and its provisions published for the benefit of our commerce.

It is another indication confirmatory of what has been said by Mr. Perry, in his despatch No. 13, and by myself, in my No. 3, of 18th instant, as to the apparent disposition of the Spanish government to listen favorably to any

propositions for a change in the restrictive system of duties upon our commerce with their colonies.

With the highest respect, sir, your obedient servant,

Hon. WILLIAM H. SEWARD,

C. SCHURZ.

Secretary of State.

Mr. Schurz to Mr. Seward.

[Extract.]

No. 6.]

LEGATION OF THE UNITED STATES,
Madrid, August 5, 1861.

SIR: I have the honor to acknowledge the receipt of your despatches Nos. 10, 11, 12, and 13. The exequatur for Mr. Little has immediately been applied for.

In pursuance of the instruction contained in your despatch No. 11, I addressed a note to Señor Calderon Collantes, a copy of which is hereto annexed, (No. 1.) I would have solicited an interview with the secretary for the purpose of expressing to him the satisfaction with which the proclamation of the Queen was received by the President, had he not been absent from the capital. In my despatch No. 2 I informed you that on Monday, July 15, the second day after my reception, the Queen left Madrid for Santander, and that the secretary for foreign affairs accompanied her. Sandander not being one of the regular summer residences of the Queen, the diplomatic corps remained here, with the exception of a very few members who were specially invited to join the court, probably for the purpose of discussing Neapolitan affairs. It is for this reason that I have not seen Señor Calderon Collantes since the day of my reception by the Queen. Having no business on hand which called for immediate action, I deemed it prudent to follow the example of the rest of the diplomatic corps.

The court will leave Santander on the 13th instant, and then either spend a few days at Madrid, or go directly to La Granja, where the Queen will be joined by the whole diplomatic corps.

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I am, sir, with high esteem, your obedient servant,

Hon. WILLIAM H. SEWARD,

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C. SCHURZ.

Secretary of State.

Mr. Schurz to Señor Calderon Collantes.

LEGATION OF THE UNITED STATES,
Madrid, July 31, 1861.

SIR: Yesterday I received a despatch from the Secretary of State of the United States, informing me that the President has read with the greatest satisfaction the proclamation of her Catholic Majesty concerning the unfortunate troubles that have arisen in the United States, and it affords me the sincerest pleasure to express to your excellency the high sense which the

President entertains of her Majesty's prompt decision and friendly action upon this occasion.

In connexion with the fulfilment of this most agreeable duty, I beg leave to call your excellency's attention to the following telegraphic report, contained in the London "Times" of July 27:

"Advices have been received from Havana to the 10th instant. The privateer steamer Sumter had captured eight American ships laden with sugar on the south side of Cuba. One was burnt, and the other seven were taken by prize crews into Cienfuegos. One report states that the captain general of Cuba had released them. Another report asserts that he had detained them in order to refer the matter to Madrid."

In the latter case I trust her Majesty's government will not hesitate to cause the policy laid down in the royal proclamation to be loyally and promptly carried into effect.

I have the honor to remain, with sentiments of distinguished consideration, your excellency's obedient servant,

His Excellency Don SATURNINO CALDERON COLLANTES,

C. SCHURZ.

First Secretary of State, &, &c.

No. 18.]

Mr. Seward to Mr. Schurz.

DEPARTMENT OF STATE,

Washington, August 8, 1861.

SIR: Your despatch of July 15 (No. 2) has been received.
Your conduct in regard to your presentation at court is approved.

Your speech was discreet in its points and felicitous in expression. The Queen's reply is entirely satisfactory.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

CARL SCHURZ, Esq., &c., &c., &c. Madrid.

Mr. Tassara to Mr. Seward.

[Translation.]

LEGATION OF SPAIN AT WASHINGTON,
Washington, August 9, 1861.

The undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has the honor to bring to the knowledge of the honorable Secretary of State of the United States that, according to an official communication of the 28th of July from the captain general of the Island of Cuba, the vessels belonging to citizens of the United States taken into the port of Cienfuegos by the steamer "Sumter" have been set at liberty, the examination of the case proving that they were captured in waters within the jurisdiction of the island, and under unlawful circumstances.

The undersigned avails of this occasion to reiterate to the Hon. William H. Seward the assurances of his highest consideration.

Hon. WILLIAM H. SEWARD,

GABRIEL G. TASSARA.

Secretary of State of the United States.

Mr. Seward to Mr. Schurz.

No. 21.]

DEPARTMENT OF STATE, Washington, August 15, 1861. SIR: Mr. Perry's despatch, No. 13, dated July 12, was delayed, and only came to hand simultaneously with your own despatch (No. 3) of July 18, which relates in part to the same subject, namely, the negotiation of a treaty between the United States and Spain for the liquidation of claims, and for the melioration of the commercial arrangements between the two governments affecting trade with the Spanish West India colonies. My answer to your own (No. 3) includes all that it seems necessary to say concerning Mr. Perry's communication first mentioned, except one point. That point I shall now consider. Not only would this government cheerfully enter into a treaty raising a joint commission for the settling of pending claims between the two countries, or between their citizens and subjects, but it deems it essentially important and desirable that all such claims should be put into that very proper channel for settlement. But this government does not regard the so-called Amistad claim as having any valid obligation in law or conscience, and can in no case consent to negotiate upon it. While, therefore, we shall not be critical as to the form of words to be used in describing the claims to be submitted to the proposed joint commission, frankness requires that the exception of that supposed claim shall be expressed, or at least distinctly understood.

I am well aware that this instruction differs radically from admissions and acknowledgments heretofore made by several of the predecessors of the President. Each of them has considered the subject for himself, and pronounced upon it according to his own convictions. The new President, under the same obligation, instructs me to make known to you his disallowance of the claim in question. It were, indeed, to be desired that there should be consistency in the action of the government throughout successive administrations, especially where foreign nations are concerned, but justice and reason cannot be safely compromised by any government, even for the sake of preserving perfect consistency with itself through a series of years, and in its intercourse with foreign states.

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SIR: Your despatch of the 22d July, No. 5, has been received. The reduction of imposts on certain productions of the United States made by the Spanish government is a favorable step in the right direction, and, as such, will be very gratifying to the people of the United States. Due publicity to the regulation has been given.

I am, sir, respectfully, your obedient servant,

CARL SCHURZ, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Schurz.

No. 26.]

DEPARTMENT OF STATE, Washington, September 3, 1861.

SIR: Your despatch No. 6, under the date of August 6, has been received. Your note written to Mr. Calderon Collantes on the subject of the reception of the piratical vessel Sumter with her prizes at Cienfuegos was eminently proper and is approved. You are already aware that the governor general of the Island of Cuba has released the prizes. I defer further remark concerning that transaction, if indeed any shall now be necessary, until the answer of the minister of foreign affairs to your note shall have been received.

Your attention to my request concerning certain matters in Paris is highly appreciated.

I am, sir, respectfully, your obedient servant,

CARL SCHURZ, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Schurz.

No. 28.]

DEPARTMENT OF STATE, Washington, September 5, 1861.

SIR: Your despatch No. 7, dated August 6, has been received. I can very well understand that you were deeply distressed by the first reports of the battle at Bull Run. Those reports grossly exaggerated a disaster which was sufficiently afflicting in its real proportions. The exultation of persons and classes in foreign nations prejudiced against our country and its institutions is one of the penalties we pay for the civil discord into which we have fallen. But even a very limited experience of human nature will enable us to practice the necessary equanimity in such a crisis. Changes of habit and policy are necessary to national growth and progress. We have had little reason to expect that such changes in our case should always be effected without the occurrence of some disorder and violence. Let us be content that the country has virtue enough to pass the ordeal safely, and that when it is passed, our prosperity will be greater and more assured than ever.

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SIR: I write this despatch with a view that you shall ask permission of Mr. Calderon Collantes to read it to him, and if he shall be disposed to receive it you will deliver a copy of it to him.

Ex. Doc. 1-18

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