Mr. Perry to Mr. Seward.

No. 118.]

Sir:Our government has had occasion frequently to complain to that of Spain of the treatment received by our vessels in passing the forts of Tarifa, in the Straits of Gibraltar; and American ships have been more than once pierced with shot from these forts because they were either slow or careless in complying with the regulation that all vessels must show their flags on passing within range of the guns of the forts.

I take pleasure, therefore, to enclose the copy of a circular note addressed to me by Mr. Pacheco on the 31st July, in which he advises our government of a very favorable change in the orders given to the officers commanding the forts of Tarifa and Isla Verde, and from the tenor of which it is to be hoped that the act of firing into the hulls of unarmed merchantmen in time of peace will not again be repeated.

It may be well to publish these new regulations for the information of our ship’s captains trading to the Mediteranean.

With sentiments of the highest respect, sir, your obedient servant,

HORATIO J. PERRY.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Translation.]

Circular.

Dear Sir:Having brought to the knowledge of the Secretary of War the action taken on various occasions near the government of her Majesty by some [Page 94] foreign representatives, accredited to this court, with the object of introducing some favorable modification of the rules observed at the fortresses of Tarifa and Isla Verde, to oblige vessels navigating the jurisdictional waters of those fortresses to hoist the flag of their nations, a practice which they often neglect, alleging a very improbable ignorance in vessels which so repeatedly pass the straits, the aforesaid secretary replied to me, under date of 21st ultimo, that the department in his charge, and at that date, had issued to the captain general of Andalusia, who has under his immediate command the fortresses of Tarifa and Isla Verde, the instructions following, to which, in future, the commandants of the said fortresses will adhere.

1. “To every vessel which, on crossing the line of said fortresses, within range of its cannon, does not show the flag of her nation, (the Spanish flag floating over the fortress,) notice shall be given of the neglect she is falling into by discharging a cannon loaded with powder only.”

2. “If, after the lapse of 10 minutes, she should not have hoisted her flag, a shotted gun shall be fired ahead and across her prow.”

3. If, notwithstanding these two indicated notices, and the lapse of another 10 minutes, she omit to hoist her flag, a third discharge with balls shall be fired at her masts.”

In bringing the preceding dispositions to your knowledge, so that you may give a translation of them to the government of the American Union, the Queen, my sovereign lady, flatters herself that the cabinet of Washington will find in the measures adopted a fresh proof of the sentiments of deference which her government entertains for the nation you so worthily represent.

I avail of this occasion to offer to you the assurances of my distinguished consideration.

J. F. PACHECO.

The Chargé d’Affairs of the United States.