evening he came to the outpost of the custom-house, where, in normal times, note was taken of the place whence sailed, of the cargoes of vessels, and from whence advices were sent by telegraph to the consignees thereof. There he stopped the engine, blew the steam whistle, and seeing that no one was coming near him, followed up the river to Forts Jackson and St. Philips, where also he slowed and stopped the engine, blowing the steam whistle as before. No one gave any hindrance to his passing, and the steamer followed her course to the Lazaretto, where he repeated the same doings as he had done at the customs station and at the forts. No one replied but an officer called Dikman, of the United States army, and who probably belonged to that detached post; asked of the captain the favor to take him up to the city, favor which the captain allowed, and at five o'clock on the afternoon of the fourth arrived here at this place and made fast to one of the wharves. Before getting through with this work, the vessel was invaded by a crowd of people from the city; even at six o'clock there had not come on board any authority to receive her; then the captain notified the consignees of the Cardenas, Messrs. Avendaño Hormanos, and agreed with them to present himself on the following day, as it was no longer within business hours at the custom-house or at this her Majesty's consulate. But at eight o'clock at night an officer came on board, accompanied by the aforementioned Captain Dikman, and after having made the townspeople who had come on board go ashore, he asked the captain in a rough way if he had a permit from the commander at the forts to pass up. The captain answered in the negative, relating to him at the same time the circumstances already narrated; then the officer, whose name is Staffers, wrote an order, by which he directed that the Cardenas must go down and anchor below the two forts until otherwise ordered, which order is not given here, because destroyed a few moments after being made by the same person who wrote it, who gave it to the captain verbally, ordering the debarkation of the passengers, firing up, and going away immediately. This was not possible, and by force of entreaty the captain got permission for the supercargo of the Cardenas--which individual spoke English-to accompany him to one of the officers to present him to General Butler, commanding general of the department, and state to him that, never having been at this port, the captain was ignorant of the usages here established; that he had stopped upon entering the river, on passing by the forts, and on reaching the Lazaretto, and that no one hindered him from passing on nor made any signal to him; that if at either of those points he had received orders to stop he would have respected and obeyed them; that, unusual to the practice, having boilers in bad condition, and both empty, he could not depart immediately; that it was not just that the interests of the charterers of the vessel should suffer from the neglect of the commander at the forts; that, as for the passengers following the old custom, they had landed without the captain's knowledge, and that he could not seek through a city unknown to him some thirty-five persons, but that it was to be expected that they would come to get their passports and baggage. He delivered to the supercargo the register, the manifests, and a bag of letters sealed up by the American consul at Habana, the captain giving him special instruction that if the general insisted on his going off, he should state to him that he had no provisions or pilot; that he required six hours at least to fill the boilers and get up steam, and that he would hold the general responsible for any damage that his order might occasion. The supercargo went off with the officer, and at ten at night came back, accompanied by him, and bringing back the letter-bag and papers which he took, and complaining that he had not been able to make his statements because General Butler refused to listen to them, with strong threats, forbidding him to utter a word. It being then necessary to go, in compliance with the order the supercargo had received from the mouth of the general in person, and desirous to shelter himself from responsibility, the declarant had an interview with his con

signees, who accompanied him in search of the undersigned consul of her Catholic Majesty, whom they could not find owing to the unseasonableness of the hour. At two in the morning appeared the pilot, who had been ordered to be got through the aid of one of the passengers, and the Cardenas left immediately thereafter. On the fifth day, at seven o'clock in the morning, she anchored at two miles to the east of Fort Jackson, and the captain sent the supercargo to the fort to ask the commander if he gave him permission to go up; to which he answered that he had the general's order not to permit the Cardenas to go up, nor communicate with any one until fresh orders; and, from some remarks of the commander, the captain arrived at the conclusion that he had been sent there to perform quarantine. To his great surprise, because neither in the conversation held with the officers, nor in that had with the general, was anything said about sanitary regulations. There the Cardenas remained waiting, shut off from communication, for the visit of the health officer, without provisions, and in a difficult position for obtaining them. The said health officer did not come until the eighteenth day, and found there were no sick on board, but could not fix for the captain declarant the term of quarantine, nor did he receive any communication from the authorities which would fix it.

On the twelfth of June the brigantine Marie Felicité arrived from the Havana, and on the twenty-first obtained leave to go up the river. On the thirteenth day arrived the schooner Virginia Antoniette, Captain Stria, and on the eighteenth obtained the same leave as the French schooner Marie Felicité. The English schooner Virginia Antoinette had left the Havana on the same day with the Cardenas. On the tenth arrived the United States mail steamer Roanoke, also from the Havana, and went up immediately to the port without performing the slightest quarantine. On the eighteenth, and by special favor, the Cardenas was permitted to pass the forts and to anchor in front of the Lazaretto. On the twentythird the captain obtained permission to come to the city, but not the vessel; she did not receive any until the twenty-fourth, on which she came up to the port of New Orleans on the twenty-fifth after her departure from Havana. What was written was read to the captain declarant, and after confirming the same, and made oath that he had told the truth in every particular, he added that, considering the procedure of the military authorities of New Orleans in regard to the Spanish steamer Cardenas, under his command, to be unjust; considering that the vessel had a crew, every one in the best condition of health, and that she was sent to quarantine for an indefinite time, and without receiving a visit from the health officer until thirteen days after her arrival; considering that this causeless detention has produced great losses to the owners and fittersout of said Spanish steamer Cardenas, among others that of the cargo of fresh fruit, of which she brought a large quantity, and which it was made necessary to throw overboard because it was in a state of putrefaction; considering that said authorities have acted with notorious injustice in detaining the steamer Cardenas, while they permitted the coming up to the port of vessels proceeding from the same place with the said steamer, even imposing on the last a shorter quarantine than on the Spanish, or not subjecting them to any, as happened with the American steam mail packet Roanoke, by these presents, once, twice, thrice, and in the most public, formal, and solemn manner, he protests against, &c.

(Certified.)

Mr. Seward to Mr. Tassara.

DEPARTMENT OF STATE,

Washington, August 9, 1862.

The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of Mr. Tassara's note, of the 23d ultimo, in continuation of previous notes on the subject of the conduct of United States cruisers on the coast of Cuba, and, in reply, to inform him that a copy of it has been communicated to the Secretary of the Navy, whose instructions in the premises to United States naval commanders in the Gulf, Mr. Tassara may rest assured, will be as liberal as the public safety may permit, and always consistent with public law.

The undersigned offers to Mr. Tassara renewed assurances of his high consideration.

WILLIAM H. SEWARD.

Sénor DON GABRIEL GARCIA Y TASSARA, &c., Sr., &c.

Mr. Seward to Mr. Tassara.

DEPARTMENT OF STATE,

Washington, September 9, 1862.

SIR: The note which your excellency addressed to me on the 26th of August last, during my absence from this city, has only just now been received. It prefers a complaint by your government, made in behalf of the Spanish house of Avendaño Brothers, at New Orleans, for severities and exactions alleged to have been committed there by Major General Butler while in the military command of that city. More especially it alleges that, without sufficient cause or grounds, General Butler exacted of the aforesaid house, under threats of violence, a bill of exchange for £1,900, equal to nine thousand six hundred dollars. This complaint is a very grave one. The President, of course, is not prepared to believe that it is justly made; you may, however, without hesitation, assure your government that an investigation of it will be made with the least possible delay, and that ample redress will be promptly given if Major General Butler shall fail to justify his proceedings in the transaction.

This government is, above all things, desirous to direct its proceedings in suppressing the present insurrection in such a manner as to do no wrong to individuals, and especially to the subjects of friendly nations.

The present seems to be a proper occasion for me to inform you that Brigadier General Shepley, who some time ago was appointed military governor of Louisiana, has now assumed that office, and is charged with the conduct of civil affairs in that State.

It may sometimes happen that differences of opinion may arise between this government and that of Spain upon the merits of complaints made by the subjects of Spain against the American authorities, or complaints made by citizens of the United States against the authorities of Spain. In view of such a possibility, I beg leave to suggest the expediency of establishing a joint commission for their settlement, to be composed of commissioners mutually agreed upon by the two governments.

A similar proposition has been made by the United States to Great Britain, and it is understood that there is a probability of its acceptance.

I avail myself of this occasion to offer to you renewed assurances of my very high consideration.

WILLIAM H. SEWARD.

Séuor DON GABRIEL GARCIA Y TASSARA, &c., Sr., &c.

Mr. Tassara to Mr. Seward.

[Translation.]

LEGATION OF SPAIN, Washington, August 26, 1862.

In continuation of the business of the Spanish steamer Cardenas, the undersigned, envoy extraordinary and minister plenipotentiary of her Catholic Majesty, has the honor to transmit, annexed, to the Hon. Secretary of State of the United States, copy of the proceedings, sustained by documents, by which Don José Maria Morales, president of the Cuban General Steam Navigation Company, shows that the damages occasioned to them by the long detention of said vessel at New Orleans, in consequence of the unjustifiable orders of General Butler, amount to the sum of sixteen thousand three hundred and forty-secen dollars.

In pressing this claim the undersigned entertains the confidence that the gov ernment of the United States will admit its justice by indemnifying the owners of the Cardenas for the losses they have suffered.

The undersigned avails of this occasion to reiterate to the Hon. Secretary of State of the United States the assurance of his highest consideration. GABRIEL G. TASSARA.

Hon. WILLIAM H. SEWARD,

Secretary of State of the United States.

[Translation.]

MOST EXCELLENT CAPTAIN General, SuperIOR CIVIL GOVERNOR: Don José Maria Morales, president of the Cuban General Steam Navigation Company, with all due respect shows to you that on the 13th of this present month arrived at this port from New Orleans the Spanish merchant steamer Cardenas, the property of the said company, and under command of their captain, Don José Ramon Burguero. This vessel was cleared here for that port on the 31st May last past, carrying freight and passengers, with all the formalities and requirements necessary on the part of our authorities, and with the intervention of the consul of the United States at this place in all that concerned certificates to documents. On the 4th day of June, at five o'clock in the afternoon, the said vessel reached New Orleans, made fast to one of its wharves, and landed all the passengers in the best condition of health, without any impediment whatever made by the vessel of war and forts of that place. At eight o'clock the same night an order of the government was made known to the captain to cast off from the wharf, and drop down and anchor below the forts, reminding him that he had entered the port without having asked leave of the commander of said fort; and, although Captain Burguero presented himself to General Butler, commandant general of the department, with the intention of stating to him that, never having been in that port, he was ignorant of its settled usages, that notwithstanding he came to on passing before the forts and on arriving at the Lagavette, nobody prevented him from going on; that if any signal had been made to him to stop he would have obeyed it; and that it did not appear to him to be just that the interests of his owners and freighters should suffer by the negligence of the commanders of those forts. The said General Butler having refused to listen to his reasons, and threatening him with sinking his vessel if he did not immediately comply with the order which had been given

him, Captain Burguero, desiring to secure himself from responsibility, and to guard, at the same time, the rights of the owners against the heavy damages which he foresaw would follow upon such a strange order to go into quarantine when there had not been a single sick man on his ship, and to guard, also, the rights of some freighters who had shipped fruits, which surely would rot and be thrown overboard, as in fact took place, went at once, without delay, accompanied by his consignees-Messrs. Avendaño Brothers-before her Majestys' consul resident at New Orleans to extend the protest which, in form most solemn, he encloses to you, that you may thereby inform yourself of its contents, and lay it before her Majesty's government, in order to obtain just reparation and indemnification of the losses and damages which have been caused to those interested in the vessel and to some freighters by the effect of the measures which were so inopportunely and so unjustly taken with the steamer Cardenas to cause her to suffer from twenty-two days of quarantine with such rigor as to challenge attention, as exercised only with that vessel, perhaps because she was Spanish, whilst the going up to the port was allowed to other vessels coming from the same place as the Cardenas, or subjecting them only to lighter quarantine, or none, as occurred with the American mail steamer Roanoke, which arrived from Havana a few minutes before the Cardenas.

If to such arbitrary action is added the strictness with which the authorities of the port acted on the day of the departure of the said steamer Cardenas an exact and general search being made on board, without passing over the letters passengers were carrying with them, which were opened and read in the presence of all, your excellency and her Majesty's government will not do less than admit that there is just ground to claim from that of the United States what may satisfy the dignity of ours and the injured interests of our subjects, damaged by the effect of the incomprehensible orders of General Butler; because, from the many interesting details which are shown by the protest, is deduced the injustice and oppressiveness of the penalty imposed on the steamer Cardenas, making her, without cause, perform twenty-two days quarantine after the vessel had received on board, on passing one of the forts, an officer of one of the detachments which garrisoned them, who asked the favor of being carried to the city, and after having been landed, together with thirty-five passengers that she brought from Havana, and finally after having been in full and complete communication and contact all the evening of the 4th day of June with the crowded population of New Orleans, which, through curiosity, eame to visit the vessel. The Cuban General Steam Navigation Company, considering that the round voyage of the steamer Cardenas could not exceed fifteen days, supplied their vessel with mess rations and provisions for that time, bearing in mind the scarcity and dearness of provisions in New Orleans, in order not to delay their vessel in port more time than was purely needful to take in cargo and passengers, that is to say, three or four days; but, as it could not enter into their calculations that twenty-two days of quarantine would be imposed upon her, it cannot be brought in question but that for a short time, while undergoing that quarantine, the captain was obliged to have recourse to the city to provide himself with necessary food, having had to pay thirty dollars a barrel for flour, half a dollar a pound for meat, a dollar a dozen for eggs, and the rest in the same proportion. The numerous crew of the vessel, exceeding forty persons, including officers, seamen, engineers, firemen, and other service, compulsorily brought upon her a daily expenditure of large amount, besides towings, pilot dues, and other extraordinaries, which have had to be paid three times in con-sequence of such quarantine, so that the whole will not be less than four thou sand dollars; and if to this be added, as should be added, the estimate of damage by the loss of time by twenty-two days detention in such quarantine, during which the vessel might have made very easily a voyage and a half, this is another damage of importance, which, according to the data presented by the