Protest, LEGATION OF THE UNITED STATES, SIR: I have just received, with pain and surprise, the telegram of which I enclose a copy. The vessel to which it refers is understood to have escaped from the waters of France, where she was impeded by an imperial decree, in an unserviceable condition, and to have come into the waters of Spain to make certain repairs, of which she is in need, in order to make war upon the United States. She is manned by an organized band of armed men, under the unrecognized flag of the insurgents in rebellion against the government of the United States, who, however, have no ports of their own from which she could have come or into which she can ever enter, but she is now preparing to attack the United States directly from the ports of her Catholic Majesty. This vessel is an iron-clad ram, in which the hull itself is the chief weapon of war, both for offence and defence; it cannot, therefore, be repaired or bettered in any way in the ports of her Catholic Majesty without a clear breach of that neutrality declared in the royal decree of June 17, 1861. Such being the facts of the case, it becomes my duty again to call upon the government of her Catholic Majesty to dismiss this iron-clad ram from her ports in precisely the same and no better condition than when she entered them, or, if her crew should elect to remain in the asylum they have found, I have no objection to that course, nor do I expect her Majesty's. government to force them to sea in an unseaworthy vessel, then this machine of war to remain in the same condition as when it entered port, without repair and betterment of any description so long as it shall be the property of the insurgents in rebellion against my government. But if her Majesty's government shall not heed this reclamation, and will allow the repairs mentioned in the enclosed telegram to proceed, I hereby solemnly protest in the name of the government of the United States against all such proceedings, reserving the rights of that government until the President can be advised and take such measures as may seem to him best, holding the government of her Catholic Majesty responsible for all and several the hostile acts which this iron-clad ram may be aided and enabled to perform against the gov ernment of the United States, and for the losses and injuries she may inflict upon their citizens in consequence of the repairs and betterments she may have received in the ports of her Catholic Majesty. I avail myself of this occasion to renew to your excellency the assurance of my most distinguished consideration. His Excellency the MINISTER OF STATE Of her Catholic Majesty. Delivered at night on the 9th of February. HORATIO J. PERRY. Translation of the telegram. H. J. P. [Telegraphic despatch.] Station of Ferrol, February 9, 9 minutes past 8 o'clock at night.-Received in Madrid, February 9, 39 minutes past 8 o'clock at night. The Consul to the Chargé d'Affairs of the United States: I am officially informed that it has been ordered by the superior authority to execute on the Stonewall the works indispensable to guarantee the safety of her crew on the sea; that she shall be furnished with provisions, water, and coal, and that she immediately leave the port in fact. MADRID, February 9, 1865. ALFRED V. DE ARCE. [Telegram.-Lisbon, February 10, 1865.] Horatio Perry, American Legation, Madrid: Sacramento is still repairing engine with all possible expedition. Cannot say when she will be ready for sea. HARVEY. [Telegram.-Lisbon, February 10, 1865.] Horatio Perry, American Legation, Madrid: JAMES E. HARVEY. [Telegram.-Lisbon, February 11, 1865.] Horatio Perry, American Legation, Madrid: Your last telegram quite indistinct. Do not know where Niagara is, and have inquired in vain. JAMES E. HARVEY. [Telegram. Ferrol, February 11, 1865.-Translation.] The United States Consul to the Chargé d'Affaires, Madrid. I receive official notice of the entry at Corunna of a United States ship-of-war. Stonewall begins to-day preparations for repairs. [Telegram.—Paris, February 11, 1865.] Perry, Legation des Etats Unis, Madrid: Has Niagara arrived? Has Stonewall sailed? Telegraph and write. [Telegram.-Corunna, February 12, 1865.] BIGELOW. Honorable Mr. Perry, American Chargé d'Affaires : Your despatch of last night was received this morning. Yours of this morning, addressed to consular agent, is before me; the agent is absent. [Telegram.-Ferrol, February 12, 1865.] CRAVEN. Señor Encargado de Negocias de los Estados Unidos: Niagara at Corunna. Stonewall will be ready in three days. Give your orders to Niagara that ship may not escape at night. I received your despatch. [Telegram.-Corunna, February 13, 1865.] FERNANDEZ. To United States Chargé d'Affaires : I have been to the Lisargas Islands; there are fragments of a vessel which I believe to be North American, and that its crew are on board the corsair Stonewall. Details by mail. FUENTES. [Telegram.-Corunna, February 13, 1865.] To United States Chargé d'Affaires : I have just returned from absence caused by important matters to the service, which I will communicate to you seasonably. All the telegrams sent by you yesterday came safely. FUENTES, Consular Agent. [Telegram.-Vigo, February 13, 1865.-Translation.] To the United States Minister: The frigate Niagara has just arrived at Corunna. BARUNA, Consul. [Telegram.-Lisbon, February 13, 1865.] Horatio Perry, American Legation, Madrid: Craven was informed Friday night of impossibility of Sacramento going now. Her re pairs progressing. HARVEY. [Telegram.-Corunna, February 13, 1865. ]} Perry, American Chargé d'Affaires : Pledges were given by the French government to our late Minister Dayton that the ram should not be transferred to the rebels. Cannot Bigelow, at Paris, obtain the intervention of French, with that of the Spanish government, to arrest the ram now fitting out at Ferrol, or to detain her until her case has been thoroughly investigated? CRAVEN, Commanding the Niagara. Mr. Perry to Mr. Seward. No. 167.] LEGATION OF THE UNITED STATES, SIR: I have the honor to enclose two telegrams, received from Consular Agent Fernandez at Ferrol, and Captain Craven, aboard the Niagara, at Corunna, received at 2 o'clock yesterday. They inform me of the appearance of a consort of the Stonewall at Ferrol-a steamer under the English flag, with men, ammunition, and other supplies destined for the iron-clad. I enclose, also, a copy of the note I immediately addressed to Mr. Benavides, and seat it with orders to deliver only into his hands, or those of the assistant secretary. I then sought Mr. Benavides personally, and found him in the Cortes. We had a short conference in one of the committee-rooms, and the minister started immediately for his department to have the orders I solicited sent off to Ferrol without delay. This was done promptly and resolutely before my note had yet reached Mr. Benavides, who found it afterwards at his department. I had also seen the assistant secretary of state and Sir John Crampton, to whom I showed the telegrams, and said I should expect his support, if any were necessary, to prevent the operations attempted by this English steamer. No such aid, however, was required. At night I sent off the telegrams Nos. 6 and 7 to Mr. Fernandez and Captain Craven, and this morning received from Mr. Fernandez telegram No. 8, which informs me that the Niagara had moved over to Ferrol and laid herself alongside the Stonewall; that the latter would be complete in the work permitted her to-day; that my telegram had been received, and that it was all right. I also sent again to Mr. Harvey the enclosed telegrams, urging the Sacramento to get off for Corunna, and one to Mr. Bigelow, informing him of this new feature in the situation of things at Ferrol. With the highest respect, sir, your obedient servant, Hon. WILLIAM H. SEWARD, &c., &c., Washington. HORATIO J. PERRY. No. 1. [Enclosure A, despatch No. 167, February 18.] [Telegram.-Translation.] Ferrol, 14th February, 11h. 35m. a. m.—Received Madrid, 14th February, 12h. 34m. p. m. ·To the Chargé d'Affaires of the United States: Stonewall will be ready to-day. English steamer came in called Louisa Anna Fanny. Very suspicious; we watch her. Sent out at 12h. 40m. p. m., of February 14. FERNANDEZ. No. 2. [Telegram.-Corunna, February 14.] Perry, American Chargé d'Affaires : I have this moment information of the arrival at Ferrol of an English blockade runner, named Louisa Anna Fanny, with men, ammunition, and other supplies for the Stonewall. CRAVEN, Niagara. Sent out at 1h. 20m. p. m., of the 14th February. No. 3. [Telegram.-Madrid, February 14-1 o'clock p. m.] To American Minister at Lisbon: For God's sake get the Sacramento off immediately. The Stonewall will be ready to sail to-morrow. A second steamer under English flag has just entered Ferrol. Very suspicious. Supposed consort of the Stonewall. The Niagara watches both. PERRY. No. 4. [Telegram.-Madrid, February 14-3 o'clock p. m.] The American Minister, Lisbon: The new-comer is a blockade-runner with men, ammunition, and supplies for the Stonewall. PERRY. No, 5. [Telegram.-Madrid, February 14—34 o'clock p. m.] [Official service.] To the Chargé d'Affaires of the United States, Paris: A blockade-runner steamer under English flag has entered Ferrol with men, ammunition, and supplies for the Stonewall. This ship will be ready to sail to-day. The Niagara is vigilant. The Sacramento is still at Lisbon, in spite of all my efforts. PERRY. No. 6. [Telegram. Translation.-Madrid, February 14-night.] To the Consular Agent of the United States, Ferrol : Orders have been given not to permit the transshipment of men, ammunition, and supplies from the Louisa Anna Fanny to the Stonewall, and that the latter should not better her condition in these things whilst she is in Spanish waters. Watch over their execution. PERRY. No. 7. [Telegram.-Madrid, February 14-night.] Captain Craven, on board Niagara, Corunna : Peremptory orders have been sent to prevent the Stonewall from taking any men, ammunition, or supplies from the Louisa Anna Fanny, or from any other quarter, while in Spanish jurisdiction. No. 8. PERRY.. [Telegram.-Translation.-Ferrol, February 15-9 o'clock a. m.] To the Chargé d'Affaires of the United States, Madrid: The Niagara is in this port. The Stonewall, it is now said, will be ready to-day in her works. I received your telegram; am advised all right. FERNANDEZ. [Enclosure B.-Despatch No. 167, of February 15.] LEGATION OF THE UNITED STATES AT MADRID, SIR: I am this moment informed of the arrival at Ferrol of an English steamer with men, ammunition, and other supplies for the Stonewall. Your excellency will see the impossibility of permitting these men, ammunition, and sup plies to be put on board the Stonewall in the jurisdictional waters of Spain without the gravest breach of that neutrality proclaimed in the first article of the royal decree of June 17, 1861. Your excellency will perceive that this is a new question, entirely distinct and apart from the question of repairs, in which I regret that I have not been able to agree with your excellency, and have thought it necessary to reserve the rights of my government. But I am confident that in this new question there can be no disagreement between your excellency's manner of interpreting the neutral obligations of her Majesty's government under the royal decree and my own, and I beg that orders may be promptly sent to the proper authorities at Ferrol, to prevent the transshipment of men and warlike stores from the recently arrived steamer to the Stonewall; and if this has already been effected in whole or in part, to compel these things to be returned to the state in which they were before these two ships met. I have the honor to enclose a copy of the first and third articles of the royal decree of June 17, 1861, and take advantage of the occasion to renew to your excellency the assurance of my most distinguished consideration. To his Excellency the MINISTER OF STATE of H. C. M. HORATIO J. PERRY. [Translation, royal decree of 17th June, 1861.] ARTICLE 1. It is prohibited in all the ports of the monarchy to fit out, provision, or equip any privateer vessel, whatever may be the flag she wears. ARTICLE 3. It is prohibited to the vessels-of-war or privateers with prize to enter or remain for more than twenty-four hours in the ports of the monarchy unless it be in case that they cannot keep the seas. Whenever this case occurs the authorities will watch the vessel and oblige her to get to sea as soon as possible, without permitting her to supply herself with more than what is necessary for the moment, but in no case with arms nor munitions of war. LEGATION OF THE UNITED STATES OF AMERICA, Madrid, February 19, 1865. DEAR SIR: The failure of this government to perform what they had agreed personally with me to do in the matter of repairs to the Stonewall was brought about, as stated, by the fear of the O'Donnell opposition, and the counsel of the representatives of France and England. Mr. Mercier said to me that, in his opinion, his own government had gone too far in the case of the Rappahannock. But I feel called upon to say, in addition, that this government would not have failed me, notwithstanding these motives, if it had not been for another circumstance. You cannot get it out of the heads of these European governments that an ambassador or a minister is an officer with whom they must guard much more consideration than with a secretary of legation, accidentally chargé d'affaires. In all cases of persuasion merely an officer of the lower grade will do; but whenever it comes at all to an appreciation not merely of the weight of the arguments adduced, but also to the weight of the authority at the back of the person who uses them, the secretary of legation is at an immense disadvantage. This consideration has been the turning point in the present case. I am informed, in a manner which leaves no room for doubt, that when the state department was pressed to fall back from the decision of no repairs, as already stated, and the difficulty arose that this decision had already been announced to me, it was answered by the reflection that Perry was only a secretary of legation acting ad interim, and that they would immediately send all the papers |