F. W. Rice to José A. Cespedes, November 13, 1865

Mr. Rice to Mr. Cespedes

Sir: I have received your second note, dated yesterday, on the subject of the late unfortunate accident referred to in your first note, in which you stated that “the sailor was required to appear before the alcalde to make his declaration.” On reading your first note hurriedly I did not understand, nor am I now certain after reading it more attentively, that you desired the sailor to appear at the alcalde’s office in the character of a criminal. This was the reason of my misinterpretation of its meaning as shown by your note of yesterday. I will now present your application to the captain of the James Adger, but I cannot advise him to surrender the sailor in the character of a criminal. He was, when the accident took place, in the discharge of his duties and acting under the orders of his officers. The ship was taking in coal at the wharf, and in virtue of the special privileges enjoyed on this isthmus by the government of the United States the local authorities have no right to interfere in the affairs or discipline of our ships of war while they may be at the wharf or at their anchorage. I repeat that if the prefect desires to elucidate the matter with a view to reporting the facts to his government, the commander of the James Adger will not have the slightest objection to his obtaining the information he requires on oath from any of the crew who were witnesses of the occurrence alluded to in his note.

I am, &c.,