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

Mr. Cespedes to Mr. Rice

The prefect acknowledges receipt of your official note of this date. When he addressed to you his first note in regard to the deed committed by the soldier belonging to the James Adger, he said that the man was required to appear to make his declaration; this was the declaration which every officer charged with the preliminary proceedings receives, not on oath, from the accused parties. The prefect is of opinion that the consul is perfectly acquainted with this form of proceeding, for it is that in force in all nations, and he was therefore much surprised at receiving the consul’s note of yesterday’s date, and replied to it that “by our laws, and I believe by those of the whole world, those who commit a crime 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.”

The prefect is now made aware that although you will apply to the commander of the James Adger for the criminal, you will not advise his surrender as such. The remark you make in justification of the proceeding, which resulted in the killing of a man, is extremely weak and barely merits refutation; you will nevertheless agree that the sentry ought not to have fired on the Jamaica man, for it is certain that he could not have been ordered in the discharge of his duties to kill any one, but simply to watch over the property which was on the wharf belonging to the ship.

The citizen President of the State will this day be informed of this unfortunate occurrence, in order that he may take cognizance of it.