José A. Cespedes to F. W. Rice, November 12, 1865

Mr. Cespeaes to Mr. Rice

Your official note of this date has been reserved at this office; its contents have greatly surprised the undersigned. Under our laws, and I believe under those of the whole world, those who commit an offence, whether voluntarily or otherwise, are considered as the accused, and do not make depositions on their trial as witnesses; the undersigned cannot, therefore, give the consul the guarantee which he demands for the soldier. It will not be out of place for the undersigned to observe that it is an ordinary crime that has been committed, and one of the greatest that exists, and that it took place beyond the jurisdiction of the government of the United States, which is limited to cases occurring on board their ships of war, and can in no way be extended to foreign territory. The accused must therefore be tried entirely in conformity with the laws of this country, which is precisely where the offence was committed. The undersigned therefore trusts that the consul will claim the accused from the captain of the James Adger, in order that he may be delivered over to the competent judge for his trial.

I am, &c.,