But another question arises, indeed has already arisen, in the cases of some of the very captures which I have brought into port. The cargoes of several of the vessels are claimed, as appears by certificates found among the papers, as Spanish property. This fact cannot, of course, be verified, except by a judicial proceeding, in the Prize Courts of the Confederate States. But if the prizes cannot be sent either into the ports of the Confederate States, or into neutral ports, how can this verification be made? Further--supposing there to be no dispute about the title to the cargo, how is it to be unladen, and delivered to the neutral claimant, unless the captured ship can make a port? Indeed, one of the motives which influenced me in making a Spanish colonial port, was the fact that these cargoes were claimed by Spanish subjects, whom I was desirous of putting to as little inconvenience as possible, in the unlading and reception of their property, should it be restored to them, by a decree of the Confederate Courts. It will be for your Excellency to consider, and act upon these grave questions, touching alike the interests of both our governments.

I did not expect much to grow immediately out of the above communication. Indeed, as the reader will probably surmise, I had written it more for the eye of the Spanish Premier, than for that of the Governor of a small provincial town, who had no diplomatic power, and whom I knew to be timid, as are all the subordinate officers of absolute governments. I presumed that the Governor would telegraph it to the Captain-General, at Havana, and that the latter would hold the subject in abeyance, until he could hear from the Home Government. Nor was I disappointed in this expectation, for Lieutenant Chapman returned from Cienfuegos, the next morning, and brought me intelligence to this effect.

Memoirs of Service Afloat, During the War Between the States — Part 99

To dispose of the questions raised, without the necessity of again returning to them, the reader is informed, that Spain, in due time, followed the lead of England and France, in the matter of excluding prizes from her ports; and that my prizes were delivered--to whom, do you think, reader? You will naturally say, to myself, or my duly appointed agent, with instructions to take them out of the Spanish port. This was the result to be logically expected. The Captain-General had received them, in trust, as it were, to abide the decision of his Government. If that decision should be in favor of receiving the prizes of both belligerents, well; if not, I expected to be notified to take them away. But nothing was further, it seems, from the intention of the Captain-General, than this simple and just proceeding; for as soon as the Queen's proclamation was received, he deliberately handed back all my prizes to their original owners! This was so barefaced a proceeding, that it was necessary to allege some excuse for it, and the excuse given was, that I had violated the neutral waters of Cuba, and captured my three last prizes within the marine league--my sympathizing friend, the Spanish pilot, and an English sailor, on board the tug, being vouched as the respectable witnesses to the fact! Such was the power of Spanish gold, and Yankee unscrupulousness in the use of it. When I heard of these transactions a few months afterward, I planned a very pretty little quarrel between the Confederate States and Spain, in case the former should be successful in establishing their independence. Cuba, I thought, would make us a couple of very respectable States, with her staples of sugar and tobacco, and with her similar system of labor; and if Spain refused to foot our bill for the robbery of these vessels, we would foot it ourselves, at her expense. But poor old Spain! I ought perhaps to forgive thee, for thou wast afterward kicked, and cuffed by the very Power to which thou didst truckle--the Federal steamers of war making a free use of thy coast of the "Ever Faithful Island of Cuba," chasing vessels on shore, and burning them, in contempt of thy jurisdiction, and in spite of thy remonstrances. And the day is not far distant, when the school-ma'am and the carpet-bag missionary will encamp on thy plantations, and hold joint conventicles with thy freedmen, in the interests of Godliness, and the said ma'am and missionary.

Memoirs of Service Afloat, During the War Between the States — Part 99