Mr. McMath to Mr.
Seward
No. 13.]
Consulate of the United States of
America, Tangier,
September 30, 1863.
Sir: I have the honor to forward to the
department copies of the correspondence and royal order referred to in
despatch No. 12, dated 24th instant.—(See enclosures Nos. 1, 2, 3, 4,
and 5.)
A short time after taking charge of this consulate, I informally
communicated to the Moorish minister for foreign affairs the views
expressed in your despatch No. 2, dated 28th April, 1862, to which the
minister replied that his Majesty, being the sincere friend of the
United States, would do nothing to weaken the ties of friendship
existing between the two nations, and the military aid of his majesty
would be furnished whenever called for to arrest American citizens, on
the demand of our representative; that his Majesty’s government would
not intervene between such persons and their government; and concluded
the interview by remarking, that any instructions I might give to my
vice-consuls on the subject would meet with the aid and co-operation of
the bashaws on the coast, if military aid was necessary.
About that time I received a note from our consul at Liverpool, informing
me the vessel 290 had put to sea. I at once instructed my vice-consuls
to be on the watch, as the insurgents, with the aid of the British
ship-builders, had sent out a piratical vessel—describing her—to destroy
our commerce, and, being driven by necessity, might take shelter in some
of the ports of this empire; at the same time instructing them, if such
vessels visited their port, to arrest all of their officers and crew
coming on shore, and, with the co-operation of the bashaw, also capture
the vessel, if possible, and report to me. But last April I became
convinced, from various circumstances, if my vice-consuls demanded
military aid, it might, through the influence of vice-consuls and
merchants on the coast, hostile to us, be denied, I concluded at once to
address a note to the minister and demand that no vessel-of-war, or
other vessel sailing under the piratical flag of the so-called
Confederate States, should be permitted to enter any of his Majesty’s
ports on pain of seizure. From causes which I attribute to European
influence, an answer to my note was unreasonably delayed, and when it
did arrive was of a character so equivocal that I at once sought an
interview with the minister, and from the tone of his replies discovered
that his views were altogether too much European to satisfy me. I then
addressed my second note to him, and, after another unreasonable delay,
received his reply, with the order, in Arabic. A translation in English
is enclosed.
[Page 1224]
Each of the bashaws of the ports have been furnished with a copy of the
order in Arabic, and my vice-consuls with copies in English and also
full instructions on the subject.
As I claim under the late Spanish treaty—it being the most favorable—I
have referred my vice-consuls to it, and particularly the 13th
section.
I trust my action in the premises will meet the approval of the
department.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State.
No. 1.
Mr. McMath to Mr. Bargash
Consulate of the United
States, Tangier,
April 23, 1863.
Sir: It is known by his Majesty the Sultan
that my government has been for some time past engaged in a war with
armed insurgents, who have assumed the name of the so-called
“Confederate States of America,” and are endeavoring to destroy the
federal government. The constitutional duty of the President of the
United States, in this hour of his country’s trial, is plain and
conclusive. He cannot consent to a dismemberment of the government;
but it must be maintained at every cost and sacrifice. During the
past twelve months the geographical limits of the so-called
Confederate States have been greatly reduced, and we feel confident
that at the close of the present campaign, through the persevering
energy of the federal government, we will have gained complete
success over the insurgents.
While we have been contending with them on land, they have engaged
pirates to destroy our shipping on the high seas. The name of the
principal piratical vessel engaged in this unlawful and cowardly
conduct is the Alabama. She is not a national ship, and has neither
name, tonnage, nor clearance registered in the custom-house of any
known nation. She has neither commission nor flag that any nation
can recognize or regard. She has not the stamp of any nationality in
any form nor for any lawful purpose. She is known, both in Europe
and America, to have been guilty of the most flagrant acts of
piracy. She seizes peaceable and unarmed merchantmen on the highway
of nations, plunders and burns them. She has alternately used the
British and American flags and the so-called Confederate States
flag, while she practices, under the black flag of piracy, hostility
to all nations. She cannot claim, in taking prizes, the respect due
to a belligerent, because she has not sent, and cannot send, any
prize into any port of any nation for adjudication in conformity
with international law, simply because she has herself no national
character and cannot have. She is, therefore, an outlaw, a pirate on
the high seas.
There is another vessel of the same character, called the Florida,
commiting like depredations against humanity.
The uniform and unwavering friendship of his Majesty’s government
towards my government for upward of seventy years past leads me to
the conclusion that his Majesty would not, in any manner,
countenance rebellion within the domain of his ancient friend, but,
on the contrary, would desire the success of the federal government
over armed insurgents.
I have called the attention of his Majesty’s government to the above
[Page 1225]
facts, and, in view
of them, would ask his Majesty to prohibit, by his royal order, the
entrance within any port of this empire any vessel, armed or
unarmed, sailing under the flag of the so-called Confederate States
of America, on pain of seizure
I avail myself of this occasion to offer to your excellency a renewed
assurance of my very high consideration and regard.
His Excellency Seid Mohamed Bargash,
Minister for Foreign Affairs.
No. 2.
[Translation.]
Praise be to the One God.
We continue to make inquiries regarding your welfare, and praying God
that you are well.
We have received your letter, in which you requested us to write to
the court of his Sherifian Majesty regarding the insurgent people in
your country, as far as you have stated, explained, and extended by
length, in your said note, whose demand is concerned, not to admit
any vessel of them to enter the ports of this happy empire upon pain
of seizure.
After having communicated the same to the court of his Sherifian
Majesty, and explained to them your wishes, his Majesty, our master,
has answered to us that he does not wish to be with all the nations
but in peace, and that he wishes also to you the good; but, as far
as your demand is concerned, requires to act and to follow on the
subject according to the known rules and to the general way, for the
reason that our master does not want that any disgust may result
from this affair to any body, or that may result any danger to the
empire and to the merchants of foreign nations established in the
ports of our master; besides of other prejudices which may result by
our interfering in matters separated from what it is the general
rule, therefore we like to act on this affair, and in others similar
to it, in conformity of what other nations do.
Our master, protected by God, has, therefore, ordered me to act with
you in this matter in conformity with the rules which other nations
follow on the subject, and I hope that, by the means of the friendly
relations which exist between the two countries, and the good manner
by which matters are discharged between me and you, this affair
shall result in a manner which will have no blame. And peace.
Written on the end of the month “Muharram,” year 1280, (equal to July
17, 1863.)
The employé of the throne, elevated by God,
Our dear and wise friend, Consul General for the American nation,
Jesse H. McMath, Esq.
No. 3.
Mr. McMath to Mr. Bargash
Consulate General of the United
States of America, Tangier,
July 22, 1863.
Sir: I have the honor to acknowledge the
receipt of your note, dated 17th instant, in which you inform me you
have received instructions from his
[Page 1226]
Majesty the Sultan relative to piratical
vessels (to which I long since called the attention of this
government) “to act with you (me) in this matter in conformity with
the rules which other nations follow on the subject.” As this is a
Mohammedan nation, to which, in many respects, the law of nations,
as recognized by Christian powers, does not apply, I have come to
the conclusion your instructions are to follow “the rules which
other (Mohammedan) nations follow on the subject.”
The Sultan of Turkey, with whom we have diplomatic relations, and
other nations have already prohibited such vessels from entering any
of the ports in their dominions, respectively. This is what I ask of
his Majesty as our right under the treaty existing between this and
the government I have the honor to represent. My government will not
consent that his Majesty’s dominions shall be made by revolutionists
a base for piratical or other hostile expeditions against the
authority, but, on the arrival of such persons in this country, we
will demand their arrest and delivery to the lawful authorities of
the United States, as was done in the case of Myers and Lunstall,
which occurred here in February, 1862. In that case my predecessor,
Mr. De Long, applied to your excellency for military aid to enable
him to execute the power conferred on him by the treaty, and which
aid you unquestionably granted, being obligatory upon his Majesty’s
authorities to do under the same treaty. And in the treaty to which
I refer no distinction has been made between the persons and property of an American
citizen sojourning in this empire, but both are under the control
and protection of our representative. It is, therefore, unnecessary
for me to consider the question whether the treaty makes a
distinction between an insurgent American citizen, who may have fled
here for asylum, and his property found within the empire; for, if
the representative can, with the military aid of his Majesty, arrest
an insurgent, and this I am sure can be done, surely then, with the
same military aid, the property of the
insurgent can be seized by the representative. The pretended
officers and a part of the crews of these piratical vessels are
American citizens, owing allegiance to my government. It is true
they are in rebellion against its authority. Can this empire be made
a base for their insurrectionary aims? Certainly not under the
treaty, and it is equally certain this cannot be by any rule of the
law of nations applicable to this empire. And the so-called
Confederate States, to which these rebels and pirates claim to
belong, not being a recognized nation by any Christian or Mohamed
power, I demand, in the name of my government, that his Majesty will
treat them as pirates. We do not ask you to pursue them at sea, if
they should come into any of his Majesty’s ports, but I do ask that,
by royal decree, such vessels be prohibited from entering into any
of his Majesty’s ports upon pain of seizure. And I feel assured that
his Majesty’s government, being no less desirous than my government
to continue the friendly relations that have existed so long between
them, and actuated by a sense of profound justice, will make the
decree asked for.
I would be pleased to have an answer to this note at the earliest
moment.
I avail myself of the opportunity afforded to assure your excellency
of my high consideration and esteem.
His Excellency Seid Mohamed Bargash,
&c., &c., &c.
[Page 1227]
No. 4.
[Translation.]
Praise be to the One God.
We continue to make inquiries regarding your welfare, and praying God
that you are well.
When you had addressed to us regarding the vessels of the insurgents,
so-called Confederate States, demanding not to receive them into the
ports of our master, protected by God, but subject to seizure, we
had answered to you with what then appeared to us relative to the
subject. But you have repeated your writing on the matter, and
explained by length the subject, stating, at the same time, that
your demand was one of a right, and in accordance with the treaty
stipulations between the two governments; and so far that you have
explained the subject in your said letter.
I have now to inform you that we have forwarded your note,
accompanied by our writing on the subject to his Majesty our master,
and I have received the answer ordering me to act with you on this
matter in accordance with the treaties which no one of the nations,
nor others, can separate from. Therefore we are ready to that, and I
have this day ordered the officers of our master the Sultan in the
ports not to receive any one of the insurgents, so-called
Confederate States, for the reason that they are not known to us,
nor is there any consul who may make them known to us, therefore
they shall not be admitted, and to act with your vice-consuls in our
ports, in accordance with the treaties, and in conformity with the
royal order of his Majesty our master the Sultan. And peace.
On the 10th Rabih the second, 1280, (equal to
September 23, 1863.) The employe of the throne,
elevated by God,
MOHAMED BARGASH.
Our dear and wise friend, Consul General for the American nation,
Jesse H. McMath, Esq.
No. 5.
Copy of the royal order issued by the Moorish
minister, in the name of his Majesty the Sultan, to all the
bashaws in the ports of Morocco.
Praise be to the One God.
You are aware of the conflict which is going on in the American
nation; that a part of them are in a state of insurrection against
their government, calling themselves the Confederate States of
America, and are fighting the government with whom we are in
friendship and good relations. The consul general of the American
nation has demanded from us to issue an order not to receive in your
port any vessel of the so-called Confederate States.
We have referred the affair to our master, protected by God, and our
master has ordered me to act on the subject in accordance to the
treaties which no one of the nations can separate from. Therefore I
come to the conclusion to order you, in the name of my master, that,
if any vessel of the so-called Confederate States enters your port,
it shall not be received, but you must order it away at once, as
they are not allowed entrance, because we do not know them, and they
have no consul by whom they may be known to us, or who may act for
them; therefore we have prohibited
[Page 1228]
their entrance on pain of seizure; and you
will act on this subject in cooperation with the United States
vice-consul, in accordance with the treaties and in conformity with
our master’s royal order. And peace.
On 10th Rabih the second, year 1280, (equal to September 23,
1863.)
The employé of the throne, elevated by God,
