I address myself to his Excellency.  May I not ask the favour of his Excellency, under the peculiar circumstances of the case, to address Mr. Hay a note on the subject, explaining to him the facts, and requesting his interposition?  If any official scruples present themselves, the thing might be done in his character as a private gentleman.  The Moorish Government would not hesitate a moment, if it understood correctly the facts and principles of the case; to wit, that the principal powers of Europe have recognised the Confederate States as belligerents, in their war against the United States, and that, consequently, the act of making war against these States by the citizens of the Confederate States, is not an offence, political or otherwise, of which a neutral can take cognizance; and even if it were the former, no extradition treaty is ever meant to apply to such a case.

I have the honour, &c. &c.

   (Signed) R. SEMMES. 
   Capt.  S. Freeling, Col.  Sec.

This letter was unattended with success, the maintenance of strict neutrality being a barrier in the way of any interference on the part of the British authorities at Gibraltar.  Accordingly, Captain Semmes penned the subjoined formal protest, and despatched it to the Governor of Tangier.

   C.S.  Steamer of war Sumter, Bay of Gibraltar,
   February 23rd, 1862.

His Excellency the Governor of Tangier, Morocco: 

I have the honour to inform your Excellency that intelligence has reached me of the imprisonment by the Moorish Government at Tangier, of Mr. Henry Myers, the Paymaster of this ship, and Mr. T.T.  Tunstall, a citizen of the Confederate States, and late United States Consul at Cadiz.  I learn further, that these gentlemen are heavily ironed, and otherwise treated with inhumanity.  I am utterly at a loss to conceive on what ground this illegal imprisonment can have taken place; though I learn that the United States Consul demanded it, under some claim of extradition treaty stipulation.  A word or two will suffice to set this matter right.  It must, of course, be known to your Excellency, that the Confederate States have been acknowledged by the principal powers of Europe, as belligerents in the war in which they are engaged with the United States; and that, consequently, the Paymaster of this ship, in any act of war in which he may have participated, can have been guilty of no offence, political or otherwise, of which any neutral power can take cognizance.  Indeed, as before stated, the neutral powers of Europe have expressly recognised the right of the Confederate States to make war against the United States.  No extradition treaty therefore can apply to Paymaster Myers.  Mr. Tunstall not being in the military or naval service of the Confederate States, can no more be brought within the terms of any such treaty than Paymaster Myers.  I have, therefore, respectfully to demand, in the name of my Government, and in accordance with the laws and practice of nations, that these two citizens of the Confederate States be set at liberty.