If this is the practice in peace, how much more necessary does such a practice become in war; since, otherwise, the operations of war--remote, it is true--but still the operations of war, would be tolerated in a neutral territory.
5.

Without a violation of neutrality, an enemy's consul in a neutral territory, cannot be permitted to entice any seamen from a ship of the opposite belligerents, or to shelter or protect the same; for, if he is permitted to do this, then his domicile becomes an enemy's camp in a neutral territory.
6.

With reference to the question in hand, I respectfully submit that the only facts which your Excellency can take cognizance of, are, that these deserters entered the waters of Spain under my flag, and that they formed a part of my crew.

The inquiry cannot pass a step beyond, and Spain cannot undertake to inquire, as between the United States Consul and myself, to which of us the deserters in question more properly belong.

Such a course would be tantamount to an interposition between two belligerents, and it would be destructive of the essential rights of ships of war in foreign ports, as well in peace as in war.
7.