[Urgent.], January 21, 1863.

[Urgent.]

Sir: As your excellency is no doubt aware, a vessel styling herself the confederate steamer-of-war Florida arrived at this port at eight o’clock last evening. This morning the master of the American brig Estelle, of New York, reported to me that his vessel had been captured and burned on the 19th instant, by order of the commander of the steamer above alluded to. He further stated that the cargo of his brig was sugar, honey, and molasses, shipped by the Spanish house of Venecia Rodriguez & Co., of Manzanillo, Cuba, and, to the best of his belief, was Spanish property. I deem it my duty to attract the attention of your excellency to this fact, because, while the government of the United States contends that such a wanton destruction of property by a vessel-of-war having no ports in which to order her prizes is an act which alone ought to deprive her of international privileges, yet, as this has not been so regarded by foreign governments, at any rate it becomes to them a matter of question when the property destroyed belongs to a neutral. In this case I have every reason to believe that the cargo of the brig Estelle was the property of Spanish subjects. The master of the Estelle also informed me that himself and his crew had been brought to this port as prisoners, but sent on shore under parole, the commander of the Florida informing him that the necessary documents should be issued to them here. I submit to your excellency that these men are still prisoners, and suggest that they either be unconditionally released, or that the Florida be subjected to article 3d of the royal proclamation of her Catholic Majesty of June 17, 1861, as was ruled by your excellency’s government when that vessel was in the port of Cardenas in August last.

May I request of your excellency, in view of the many American vessels sailing daily out of this and other ports of Cuba, that when the Florida sails from this port she may be required to abstain from capturing American vessels which may have sailed from Havana twenty-four hours previous to her departure. And I further have the honor to advise your excellency that the steamer W. B. Reaney, belonging to the government of the United States, sailed from here today at eleven a. m., and to request that the usual twenty-four hours may be granted to her before the Florida is permitted to leave the port of Havana.

I have the honor to be, with considerations of great respect, your excellency’s obedient servant,