§ MR. DARBY GRIFFITHsaid, he wished to ask the Under Secretary of State for Foreign Affairs, Whether the Lieutenant of the Sumter and the ex-Consul of the United States at Cadiz, who were arrested on landing from the Ville de Malaga steamer by the United States Consul at Tangier, were taken down to the harbour, and embarked as prisoners on board the United States frigate the Ino; whether the Moorish Government did not protest against this proceeding, and only yielded to the threat of the United States Consul that he would strike his flag; and whether it is the opinion of Her Majesty's Government that the jurisdiction with which, by the existing Capitulations or Treaties, European Consuls are invested over their countrymen in Mahomedan countries, empowered them to take judicial cognizance of alleged political offences committed in any other country; and, if not, whether the British Government will take means to protect our faithful Ally the Moorish Government from such infringement of its independence?
§ MR. LAYARDsaid, he owed an apology to his hon. Friend and the House for having on a previous occasion misinformed them on this subject. In fact, it was only at the close of last week that the Foreign Office received the information which he was now about to give. He had stated before, that two gentlemen—one the purser of the so-called Confederate States steamer Sumter, and the other a gentleman who was formerly United States Consul at Cadiz—were proceeding on a voyage from Cadiz to Lisbon. According to Mr. Myers the purser's statement, hearing that a fellow-citizen was ill 'at Tangier, they landed to see him, and were returning to embark, when they were met by the American Consul accompanied by a Moorish guard, arrested on the spot, and carried to the Consulate. They were then loaded with heavy irons and confined in a most improper place. The commander of the Sumter, hearing what had occurred, wrote a letter to the Moorish authorities, and sent it to Mr. Hay, Her Majesty's Consul, requesting him to deliver it, and to make use of his influence on behalf of the prisoners. Mr. Hay delivered the letter, but declined to take any steps in the way of interference. That happened on the 19th. On the 26th the United States vessel Ino arrived at Tangier; the captain landed with a number of his crew armed, and proceeded to the Consulate. The Moorish Government in the mean time had learnt that those gentlemen had been arrested upon political accusations alone, and they sent a letter of remonstrance to the Consul. The Consul declined to surrender the prisoners, and fell back upon an article in a Treaty which had been concluded between Morocco and the United States. In order to explain the circumstances it was necessary for him to refer to our own Treaty with Morocco. By the 11th article of a general Treaty between Her Majesty and the Sultan of Morocco it was stated that should the British Consul General or any British Consul, Vice Consul, or Consular Agent, have at any time occasion to request from the Moorish Government the assistance of soldiers, guards, or armed force for the purpose of arresting any British subject, the demand should be complied with on payment of certain fees. By the 23rd article of the Treaty between Morocco and the United States it was said that the Consul of the United States should reside at any seaport of the Moorish dominions, and should 1596 enjoy all the privileges which the Consuls of any other nation enjoyed. It was upon this article that the Moorish Government were called upon by the United States Consul to furnish men for the arrest of the gentlemen in question. When it became known in Tangier that those gentlemen were about to be transferred to the Ino, a large assemblage of Europeans and natives took place; they threatened the United States Consulate, and for some time a serious riot was apprehended. The United Stales Consul sent for Mr. Hay; but he declined to interfere, and at the same time remonstrated with the Consul, who fell back on the 23rd article of the Treaty. Mr. Hay pointed out that the right of affording asylum belonged to the Moorish Government, and that the article of the Treaty referred to really applied to criminals, and not to persons charged with political offences. The United States Consul declined to accept that interpretation of the Treaty; and on the remonstrance of the Moorish authorities he threatened not only to lower his flag but to declare war against Morocco. The Moorish authorities were so alarmed by this threat that they felt compelled to give the troops required, and the two gentlemen were marched down under the guard of those armed troops and of the seamen of the United States vessel, who were also armed, and put on board the Ino. Her Majesty's Government believed that Mr. Hay took a right view of his duty throughout, and approved his conduct. In reply to a question put by his hon. Friend the other night he (Mr. Layard) stated that these persons had been released; that statement was made on the authority of a telegram which had been received at the Foreign Office from Lord Cowley, at Paris. Not hearing any such intelligence from other sources, the Foreign Office applied for information again, and Lord Cowley stated in reply that the telegram previously sent by him had been founded upon information communicated by M. Thouvenel. The Foreign Office then telegraphed to Her Majesty's Minister at Madrid, but got an answer that he had no official intelligence whether they had been released or not. Upon that the War Office telegraphed to Sir William Codrington, the Governor of Gibraltar, and it was not until late on Friday night that his answer was received—too late for communication to the hon. Gentleman. That answer stated that the gentlemen arrested were shipped on board the Ino, were transferred at sea to a mer- 1597 chant vessel, and carried off to the United States. He (Mr. Layard) trusted that the House would acquit him of having intentionally misinformed it. The facts required no comment. For the sake of justice, of humanity, of the sacred right of affording asylum to persons accused of political offences—a claim preferred by the weakest and recognised by the strongest Powers—he might be permitted to express an earnest hope—indeed, an earnest conviction, that when the circumstances came to the knowledge of the President of the United States, he would at once order the release of the prisoners.