Savage, Jr to William H. Seward, September 6, 1861

Mr. Savage to Mr. Seward.

Sir: Having learned, on the 30th ultimo, as I might say accidentally, that a vessel had come, several days before, into the port of Matanzas under the flag of the so-called Confederate States, and, notwithstanding the efforts of our consul there to prevent it, had been admitted by the authorities to entry, and to discharge her cargo, which course had been approved of by the superior authority of the island, I addressed the same day a letter to Mr. Martin, calling upon him for information on the subject. No reply having been received on the 2d instant to my letter, I wrote again, and yesterday morning his answer came to hand. A copy of it and the accompanying papers are herewith enclosed. This correspondence contains all the facts relating to that case.

On the same day that I wrote my first letter to Consul Martin I ascertained that the governor general had decided to admit into the ports of the island all vessels arriving under the flag of the insurgents, and to allow them to discharge and take cargo. On the next day I succeeded in obtaining a copy, and it is now accompanied with a translation thereof. This order was transmitted by the intendant general of the army and treasury to the collector general of the maritime revenue; has not been published nor communicated to me in any form; and, although its existence is known to many, the public journals, excepting the Weekly Report in a general way, have not even mentioned it.

In a matter of such import, and feeling the conviction that no suggestions of this office would cause the captain general to cancel that order, I have deemed it expedient not to enter into any correspondence or discussion with him without specific instructions from the department; more especially after reading what Mr. Wheaton advances upon the subject, in pages 32, 33, and 34, Elements of International Law. Moreover, as the Spanish government has always denied to consuls any diplomatic power, I felt apprehensive that my first communication on the subject would be unheeded, or acknowledged with the remarks that the question comes within the province of our respective governments, and to be settled at Washington or Madrid.

I have the honor to be, sir, with great respect, your obedient servant,

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His excellency the superior civil governor has, on date of 27th instant, resolved the following:

• 1st. All merchant vessels proceeding from and wearing the flag of the southern confederacy, employed in legitimate commerce, will be admitted in all the ports of entry of this island, if the documents they may present do not cause the slightest suspicion of piracy, fraud, or any other crime punishable according to the laws of all nations.
• 2d. Once in our ports, said vessels will be under the safeguard of the neutrality proclaimed by the government of her Majesty the Queen (whom God save) in the royal decree of the 17th of June, and in this understanding they cannot be molested by any foreign agent whilst engaged in their licit operations of entrance and discharge, loading and departure, in said ports.
• 3d. Therefore, all the civil, as well as naval and treasury, authorities in the ports of this island will consider such vessels, in relation to their admission and clearance, as vessels proceeding from a foreign nation which has no accredited consul in this territory.

Which, by order of the intendant general, I communicate to you for your intelligence and fulfilment of the part that concerns you.