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that she should turn away from her ports vessels engaged in ordinary peace ful commerce, and which had not been able to obtain regular papers even if they had wanted to do so. Nor could Spain oblige such vessels by force to submit to the authority of the consular officers of the United States. Spain was acting solely with a view to the protection of her commercial interests, and nothing else.

Mr. Schurz replied that the only ground upon which such proceedings could legitimately be placed was that of necessity, and asked Mr. Calderon whether this was the ground taken by the government of Spain.

Mr. Calderon replied that it was. It was nothing but an ex necessitate proceeding, and that as soon as that necessity ceased the Spanish government would cease to follow that rule of action.

Mr. Schurz asked whether the Spanish government would admit into its ports vessels without papers regularly issued by the authorities of the United States as soon as the authority of the government of the United States should be re-established in the southern ports.

Mr. Calderon answered that they would not, because then the necessity would cease. But he would not admit the ground taken by Mr. Seward in his despatch, that the admission of vessels without regular papers under the actual state of things depended on a "concession" on the part of the gov ernment of the United States, which might be granted or withdrawn at pleasure. The Spanish government claimed a right to adhere to its rule of action as long as the necessity existed. But he protested most emphatically against the construction placed upon this rule as implying a recognition of the so-called Confederate States; the government of Spain did not think of taking such a step and of interrupting the friendly relations existing between the two countries, the preservation of which was undoubtedly considered. important by the United States, and had always been sincerely desired by Spain.

Mr. Schurz replied that, as to these peaceful relations, the United States desired to preserve them with equal sincerity, not because they were afraid of a conflict, but because they loved peace. He added that if Spain in this case followed an established policy, founded on precedent, he did not wish to carry the discussion further at present, especially in the absence of all reliable information as to the recent occurrences in the ports of Cuba; but he wished to say that while the United States would set up no unreasonble pretensions, any act on the part of a foreign government which might be justly interpreted as a recognition of the independence of the States now in rebellion against the legitimate government of the North American republic would necessarily and inevitably lead to a rupture.

Mr. Calderon repeated that no such intention was entertained by the government of Spain, which entertained none but friendly feelings towards the United States. He informed Mr. Schurz that he was about to address a despatch on this subject to Mr. Tassara, which the latter would be instructed to read to Mr. Seward.

Mr. Schurz to Mr. Seward.

No. 33.] LEGATION OF THE UNITED STATES, Madrid, October 20, 1861. SIR: Last night I called upon Mr. Calderon, for the purpose of reading to him the memorandum of our conversation of the 16th instant. After having suggested some additions, which were forthwith incorporated into the report,

he approved it as correct. He informed me that he had meanwhile received an official communication from the captain general of Cuba on the occur rences which had occasioned your despatch No. 30, and that he would read it to me at our next interview. He wanted to prove to me that the Spanish government had acted with entire fairness and loyalty in this transaction. I informed him that the London "Times," of October 16, contained the fol lowing telegraphic despatch:

"There are several vessels loading ammunition at Havana for the confederates."

And asked him whether he knew anything of this.

Mr. Calderon exclaimed at once, with great warmth: "That is impossible; it cannot be true. This would be a violation of the royal decree of the 17th of June, and will never be tolerated. General Serrano cannot have permitted this."

I replied that I was happy to hear him express his opinion so unequivocally and emphatically; for it would be impossible for the government of the United States to look on quietly while the Cuban ports were used as war depots for the rebels.

Mr. Calderon assured me repeatedly that this telegraphic despatch would most certainly turn out to be unfounded, and reiterated in very strong language the assurance of the loyal and friendly feelings of the Spanish government towards the United States, and of its firm determination to adhere faithfully to the principles laid down in the royal decree.

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

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

Acting Secretary of State to Mr. Schurz.

C. SCHURZ.

No. 46.)

[Extract.]

DEPARTMENT OF STATE, Washington, November 5, 1881.

SIR: Your despatch of September 2 (No. 13) was duly received.

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I am gratified to learn that the public opinion around you is less injurious than formerly. I trust that it is the beginning of a better understanding in Europe of the real character and determination of the American people. I am, sir, your obedient servant,

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

F. W. SEWARD,

Acting Secretary.

No. 47.]

Acting Secretary of State to Mr. Schurz.

DEPARTMENT OF STATE, Washington, November 5, 1861.

SIR: Your despatch of September 5 (No. 14) was duly received. It is very interesting, and I deeply regret that, owing to its having been accidentally mislaid, it failed to receive earlier attention.

Spain is engaged in her proceedings against Mexico. The United States are repressing an insurrection which, while it has attained formidable dimensions at home, reveals itself abroad in efforts to instigate foreign intervention. While it would be eminently desirable to make new friends, or at least to fortify existing friendships with foreign nations, the circumstances are so unpropitious as to make us content with averting new misunderstandings and consequent collisions.

You have correctly interpreted to Mr. Calderon Collantes the public sentiment of this country in regard to Spain. We not only seek no controversy with her, but are desirous to stand in the most friendly relations towards her. We are watchful, as we must be, of every fact or circumstance that seems to indicate a disposition on her part to favor or encourage the insurrection with which we are contending. We know our ability to maintain the integrity of the republic, and we intend to maintain it. We desire that when it shall have been completely re-established it shall be found that nothing has been done in the meantime by Spain, or by any foreign nation, to serve as causes for alienation. We are a peaceful state. Indeed, we think that the American Union is the guarantee of peace to the whole world. But like every other state we are jealous of our rights, and must maintain them.

Mr. Calderon Collantes could hardly have a better assurance of our desire for peace with Spain than the fact, which you might communicate to him, that even the unjust and ungenerous strictures of the Spanish press, which so naturally and so justly drew out your remonstrance, failed to excite the least sensibility on the part of this government.

This government neither has now, nor is likely to have, any schemes, or, indeed, any purpose, of conquest or aggrandizement. It seeks to extend its influence throughout this hemisphere and the world, not by the sword, but by commerce and by postal communication. It has practically guaranteed Cuba to Spain for many years heretofore, and it has no design against that possession or any other possession of Spain now; but it will not look with favor upon any policy that shall make that island the fulcrum of a lever for overthrowing either this Union or the institutions of human freedom and self-government which are identified with its existence.

We want a commercial treaty with Spain, and are willing to adopt a liberal principle of reciprocity to secure it; but we shall not urge such a measure now, when both parties are too deeply engaged to consider the matter with the intense attention necessary to a mutual understanding upon points so difficult.

We should be glad to effect a measure for the adjustment of mutual commercial claims, but we cannot admit that the Amistad claim has any foundation in justice or moral right. It is for Spain to refuse to treat with us upon this ground if she thinks it sufficient. We can only regret it, and wait for her to reconsider the subject.

I am, sir, your obedient servant,

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

F. W. SEWARD,
Acting Secretary.

Ex. Doc. 1-19

No. 50.]

Mr. Seward to Mr. Schurz.

DEPARTMENT OF STATE, Washington, November 9, 1861.

SIR: Your despatch of October 20 (No. 33) has been received.

I trust that, with the good disposition manifested by Mr. Calderon Collantes on the occasion you have described, we shall be able to avert serious embarrassments of our affairs in the colonies of Spain.

I am, sir, your obedient servant,

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

WILLIAM H. SEWARD.

Mr. Seward to Mr. Schurz.

No 52.]

DEPARTMENT OF STATE, Washington, November 11, 1861. SIR: Your despatch of October 17 (No. 30) has been received. I am surprised at the miscarriage of my despatch No. 30. I have, however, directed a copy of it to be sent to you. Mr. Tassara has shown me certain explanations made to him by the captain general of Cuba, and I have in turn modified the opinion which I had formed concerning his action in rela tion to the matter complained of by the vice-consul general. I do not think it necessary to press the subject of my despatch No. 30 under these circum. stances. With the gradual action of the government in restoring its authority at home, I look to see less disposition to treat it with disrespect abroad.

I am, sir, your obedient servant,

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

WILLIAM H. SEWARD.

ROME.

Mr. Seward to Mr. King.

No. 2.]

DEPARTMENT OF STATE, Washington, April 29, 1861.

SIR: I am to instruct you what to do, and of course what not to do, as resident minister of the United States at Rome. In order to understand the wishes and expectations of the President, please consider first the condition. of Rome, and then the condition of the United States.

Rome, to a degree hardly comprehended in this country, is protected by the veneration of a large portion of mankind for his Holiness as the expounder of faith and the guardian of religion. Nevertheless, his government is surrounded by the elements of political revolution.

The United States are on the verge of civil war. It happens to them now, as it happened to ancient Rome, and has happened to many other republics, that they must make the trial whether liberty can be preserved while dominion is widely extended. What then shall we say or do in regard to Rome, or what ought Rome to say or do in regard to us?

Assure the government of his Holiness that the President and the people of the United States desire to cultivate with it the most cordial and friendly relations; that we will not violate the friendship already so happily existing by any intervention in the domestic affairs of the States of the Church. Assure his Holiness that it is the settled habit of this government to leave to all other countries the unquestioned regulation of their own internal concerns, being convinced that intrusion by a foreign nation anywhere tends only to embarrass rather than aid the best designs of the friends of freedom, religion and humanity, by impairing the unity of the state exclusively interested.

What ought Rome to do in regard to the United States? Just what I have thus said they will do in regard to Rome. We could not ask or consent to receive more, and the government of his Holiness will not propose to do less, for he is a friend to peace, to good order, and to the cause of human nature, which is now, as it always has been, our cause.

Let the government of Rome set this example and exercise its great influence in favor of a course of natural justice among nations, and the United States will still remain at peace with the whole world, and continue hereafter, as hitherto, to be the home of civil and religious liberty, and an asylum. for the exiled and the oppressed.

I am, sir, your obedient servant,

Rurus KING, Esq., &c., &c., Rome.

WILLIAM H. SEWARD.

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