ectionable in that the
nationality of most of these men is not American. His Excellency, as a
soldier, knows that no crime is regarded with greater detestation in the
present civilized age of the world, than the one here described. As
between contending armies in the field, an offender caught in the
perpetration of such an act, would be subjected to instant death; and
this, not only because the act is an act of war, but because it is a
dishonourable act of war. And can an enemy make use of neutral territory
to do that, which would subject him to an ignominious death, if he were
without such territory, and within reach of the opposite belligerent?
When my men come within his Excellency's jurisdiction I lose all control
over them, and must rely upon his comity to regain possession of them.
If they leave me of their own freewill, in the absence of the
recognition of my Government, and of treaty stipulation, perhaps I have
no remedy. But when I permit them to go on shore, and enter the
jurisdiction of a neutral and friendly power, I do so with the just
expectation that they will receive the shelter and protection of the
neutral flag; and that they will not be permitted to be run off by my
enemy; and to wheedle and entice a sailor from his ship, and that too
when, perhaps, he is half drunk, is little better than kidnapping him.
In the present case, the violation of the neutral jurisdiction is as
complete as if the Consul had seized my men by force; for he has
accomplished the same object; to wit, weakening his enemy by
stratagem--a stratagem practised by one belligerent against another. If
this act had been committed by a military or naval officer of the enemy,
transiently within the limits of Gibraltar, every one would have been
surprised at it, and would have exclaimed against it as a flagrant
violation of the law of nations. And is the offence of less magnitude
when committed by a Consul, who is peculiarly favored by the law of
nations, as an officer of peace, and one whose pursuits lie wholly in
the walks of commerce? Mr. Sprague, the United States consul, is a
gentleman whom I have heard favourably spoken of, and it is barely
possible I may do him injustice in imputing to him the conduct
described, but the evidence came to me in a very satisfactory shape, and
I shall be ready to produce it if the allegation be denied. Should the
proof be made out to his Excellency's satisfaction, I shall deem it my
duty to request that t