William H. Seward to Carl Schurz, September 18, 1861

Mr. Seward to Mr. Schurz, with accompaniments.

Sir: I write this despatch with a view that you shall ask permission of Mr. Calderon Collantes to read it to him, and if he shall be disposed to receive it you will deliver a copy of it to him.

I think that the Spanish government can entertain no doubt that the United States earnestly and even anxiously desire to avert, if possible, any such alienation as might lead to a conflict between the two countries as an episode in the civil war which is unhappily prevailing at the present moment in the southern part of the republic. I am perfectly satisfied that the Spanish government is animated by the same desire. Upon this point I speak sincerely and upon full consideration. I am not equally confident, however, that the consuls of the United States in the Island of Cuba will always, in the absence of special instructions for unforeseen contingencies, exercise the discretion which the interests of our country require.

The government of the United States is not to be misunderstood as fearing to encounter the intervention of Spain in favor of the insurgents of this country, if her Catholic Majesty’s sentiments and purposes have been misconstrued. We are aware, we think, of all the perils of our situation, and have not overlooked the not unnatural one of foreign alliances with our disloyal citizens.

The valuable commerce carried on between the United States and the Island of Cuba is often attended with incidents which require the exercise of great discretion and of mutual forbearance to prevent collisions between the consular authority of the United States, allowed by treaties and the law of nations, and the just sovereign authority of Spain.

I desire to state, in a spirit of perfect frankness, what deviation from the usages of revenue and commerce between sovereign states, as recognized by treaty and international law, this government tolerates in the transaction of American commerce in the ports of Cuba, and in all other foreign ports.

When an American merchant vessel arrives in a foreign port, having cleared from a port in the United States which, at the time of her departure, was in the possession of the insurgents, and for that reason she could not have obtained regular papers from officers acting under the authority of the United States, and conformable to the laws of Congress, this government does not insist that she shall be denationalized for that reason. But, on the other hand, it does expect that she shall, in the port where she arrives, be treated in all respects as an American vessel and subject to the consular authority of the United States, and that she shall not be treated as a vessel independent of the laws and consular authority of this nation.

The waiving of the irregularity of the papers in such cases is consented to ex necessitate, and for the present time only, and is not to be drawn into precedent. But when this government shall see fit to withdraw this concession, due notice will be given to foreign powers.

I send you copies of papers which have just been received from the vice-consul general of the United States residing in Havana, namely, despatches Nos. 56 and 60, dated the 6th and 10 instant, respectively, with their accompaniments.

These papers furnish some ground to apprehend that the Spanish authorities in Cuba, misinterpreting, as I am happy to think, the royal edict of the 11th of June, are practicing, or are about to practice, upon the principles of recognizing an insurgent flag upon American vessels, and denying the consular rights and privileges of the United States in reference to such insurgent vessels in Spanish ports.

I forbear from preferring any complaint concerning the cases mentioned in these papers, partly for the reason that the transactions mentioned therein are incompletely presented, and more for the reason that I am seeking the prevention of future difficulties by the government of Spain in an amicable spirit. I neither make nor ask explanations in these cases. But I desire that Mr. Calderon Collantes will examine the papers, and, after having satisfied himself of the true state of the case, will give such directions, if he shall find it necessary to do so, to the colonial authorities as will prevent any recognition whatever in the Spanish ports of the flag of the insurgents, or any disrespect to the flag of the United States, by the Spanish authorities, or any infraction of their consular authority in those ports.

I am, sir, your obedient servant,