After thoroughly reviewing the transaction, he sums up as follows:-- "Upon further inquiry I learn that my first supposition that the two gentlemen in question had been arrested under some claim of extradition (unfortunately I have not a copy of the treaty between Morocco and the United States) was not exactly correct.

It seems that they were arrested by Moorish soldiers upon the requisition of the United States Consul, who claimed to exercise jurisdiction over them as citizens of the United States, under a provision of a treaty common between what are called the non-civilized and the civilized nations.

This state of facts does not alter in any degree the reasoning applicable to the case.

If Morocco adopts the _status_ given the Confederate States by Europe, she must remain neutral between the two belligerents, not undertaking to judge of the nationality of the citizens of either of the belligerents, or to decide any other question growing out of the war which does not concern her own interests.

She has no right, therefore, to adjudge a citizen of the Confederate States to be a citizen of the United States, and not having this right herself she cannot transfer it by treaty to the United States Consul." The communication, however, produced no effect; and, meanwhile, another step was taken at Tangier.