1863.

States, is explained by the natural advan-
tages and inducements of the land over
Europe. Denial of the employment of an
agent in Ireland, or any foreign country,
to procure enlistments. Hopes that this
new result, in Europe, of United States
civil war will justify the belief that the
insurrection has no tenacity of life.

to May 18 Approves Mr. Adams's proceedings on the
prosecution of the correspondence con-
cerning the legality of the enlistment of
foreigners.

Earl Russell to Sept. 11
Mr. Adams.

729

Mr. Seward to Oct.
Mr. Adams.

417

5 Derivation of military supplies from Great 418
Britain and the enlistment of British sub-
jects would never have been necessary if
Great Britain had not first raised the insur-
gents to the position of belligerents. The
United States cannot be said to have vio-
lated any municipal law or treaty, or the
law of nations, or even comity towards the
British government in the supplies derived
from British sources or the volunteer re-
cruits accepted from among voluntary
British residents in the United States. The
United States stand on impregnable ground
when they refuse to be derogated by any
act of British government from their posi-
tion as sovereign nation and be placed up-
on footing with domestic insurgents.

Mr. Arbuthnot to Nov. 21 Acquainting Mr. Hammond with the report 419
Mr. Hammond.

that United States war sloop Kearsarge
had taken on board British subjects at
Queenstown. Incloses Mr. Gardner's let-
ter to Mr. Hamilton, in regard to John
Dunn's statement as to the conveyance to
the Kearsarge of certain persons persuaded
to go to sea in the service of the United
States by James Haley, a British subject
in the American service.

Earl of Donough- Nov. 25 Incloses letter from Mr. J. M. Mason, with
more to Earl
Russell.

548 Mr. Adams to Dec. Mr. Seward.

accompanying affidavits, relating to the
alleged improper enlistment of British
subjects on board the Kearsarge while at
Cork.

420

4 Incloses Lord Russell's note respecting the 421
shipment of British subjects on board the
United States ship of war Kearsarge when
in the port of Queenstown. The affidavits
of Patrick Kennedy and Edward Lynch
are inclosed and their contents reviewed.
Mr. Adams replies that he has taken steps
to obtain the necessary explanations from
Mr. Eastman, United States consul, who is

alleged to have been implicated in the mat-
ter. Mr. Adams informs Mr. Seward that
Mr. Eastman denies any complicity in the
business; says that it is apparent that a
trap was laid for the commander of the
Kearsarge.

Secretary to the Dec. 9 Incloses letter of Rear-Admiral Sir L. Jones

Do.......

Dec. 19

553

Mr. Adams to
Mr. Seward.

561;

Dec. 11

to the secretary to the admiralty, in which
it is stated that Captain Winslow found,
after his departure from Queenstown, tif-
teen men secreted on board his vessel, the
Kearsarge; that he has landed the men;
that he did not want to enlist any seamen
and only wanted a clerk. The men await
decision of custom-house authorities in
London.

425

Incloses Rear-Admiral Sir L. Jones's letter to 426
the secretary to the admiralty, covering
Captain Winslow's communication stating
that he had come to off Queenstown to land
sixteen refugees, who had concealed them-
selves on the Kearsarge prior to her de-
parture from Queenstown, and that he had
given his certificate with a representation
of the circumstance, by the executive offi-
cer of the ship, to the American consul.
Incloses note to Lord Russell transmitting 427
Mr. Eastman's denial of any participation
in the shipment of seamen upon board of
the Kearsarge, and discrediting the state-
ment that seamen were enlisted by au-
thority of the captain. Mr. Adams com-
municates to Mr. Seward Mr. Eastman's
explanation of the landing of sixteen men
found secreted on board the Kearsarge;
Captain Winslow's and Lieutenant Thorn-
ton's statements in regard to the transac-
tion are also appended.

Mr. Hammond to Dec. 12 Transmits papers respecting the enlistment 430
Mr. Wadding-

ton.

at Queenstown of various British subjects
to serve on board the United States steam
vessel of war, the Kearsarge. The law offi-
cers are of the opinion that these men
should be prosecuted under the foreign
enlistment act.

Mr. Bruce to Mr. Dec. 16 Has laid before Sir George Grey his letter, 430
Hammond.

and its accompaniments, respecting enlist-
ment of British subjects at Queenstown
for the Kearsarge. The papers have been
sent to Lord Lieutenant of Ireland, for
him, if he sees fit, to order the prosecution
of the men so enlisted, under the foreign
enlistment act.

Mr. Hammond to Dec. 17 Transmitting for Secretary Sir Grey's con-
Mr. Bruce.

sideration, a further note from Mr. Adams
covering a letter from the captain of the
United States steamer Kearsarge, respect-
ing the seamen embarked on board that
vessel at Queenstown.

431

Mr. Adams to Dec. 22 Transmits correspondence with Lord Rus- | 431
Mr. Seward.

sell respecting the allegation of enlist-
ments on board the Kearsarge at Queens-

791

town. Mr. Adams is led to infer the gov-
ernment is not altogether satisfied with
the replies given by the consul and Com-
mander Winslow.

Mr. F. W. Seward Dec. 26 Approves the reply to Lord Russell in rela-
to Mr. Adams.

tion to the alleged violation of the foreign
enlistment law of Great Britain. The
United States will thoroughly investigate
the charges against Consul Eastman and
Captain Winslow, of improper participa-
tion in the enlistment of men upon board
the Kearsarge.

433

Dec. 29 Incloses copy of Consul Eastman's dispatch 434
to the department, explaining conduct of
the commander of the Kearsarge in enlist-
ing the men found secreted on his ship
after leaving Queenstown, and their subse-
quent dismissal at the same port.

1864. Jan.

5

States if no facts appear controverting the 435 denial of the consul of any complicity with the alleged enlistment of British subjects on board the Kearsarge, that it seems that his innocence is established; and if no facts appear controverting the statement of Captain Winslow, Mr. Adams will say to Lord Russell that it seems that Captain Winslow has not intentionally violated the anti-enlistment laws of Great Britain, although the petty officers of the ship may have practiced some irregularity. Jan. 6 Communicates letter from Secretary of the Navy and its accompaniments from Captain Winslow, in regard to the alleged improper enlistment of men at Queenstown for the Kearsarge. Mr. Seward presumes that the case may now be presented to the British government in a shape that may satisfy it that the transaction was not intentional.

819

Has concluded to postpone action in Mr.
Eastman's case until it can be ascertained
whether Lord Russell has made any repre-
sentation through Lord Lyons. Does not
find from the depositions that Mr. East-
man is seriously implicated.

436

438

Mr. Seward to Jan. 18 After reading No. 561 from Mr. Adams, it is 438
Mr. Adams.

584

Mr. Adams to Jan. 28
Mr. Seward.

not easy to discover the points of difference
between the consul's statements and the
opposing ones. Renews instructions to in-
vestigate; if necessary remove the consul,
and report.

Has concluded to defer any action under the
instructions to open the case of alleged
improper enlistments, until either Lord
Russell shall take some new step in the
matter, or else Mr. Seward shall again re-
new the instructions.

Mr. Seward to Feb. 13 Approves Mr. Adams's course in leaving the
Mr. Adams.

439

439

843

607

Mr. Adams to Mar. 3
Mr. Seward.

complaint about the Kearsarge at rest. Infers from Lord Russell's reply to the complaint of Lord Clanricarde, made in the

440

620 Mr. Adams to Mr. Seward.

House of Lords, about the Kearsarge, that
the letter of Commander Winslow was
construed as putting an end to the ques-
tion.

Mar. 18 Transmits copy of the proceedings in the 440
Crown court in the case of the men re-
ceived in the Kearsarge. The use of the
most extraordinary misrepresentations by
the presiding judge to discourage emigra-
tion to America, is one of the marked
features of the transaction. The persons
of much more influence will next be tried.
There is little expectation of a similar ver-
dict of guilty in their case.

880

Mr. Seward to
Mr. Adams.

Mar. 21

893

..do.

April 4

644

Mr.

ever.

In regard to the conversations held with
Lord Russell touching affairs in Ireland.
The government neither authorizes nor
even knows of any proceedings for recruit-
ing in Ireland. Recruiting is active in
large American cities, and it is not impos-
sible that persons may have extended it
among the emigrating population of Ire-
land. It is not known to be true, how-
Mr. Adams is authorized, in his
discretion, to address circular letter to
consuls in Ireland cautioning all Ameri-
can agents to refrain from violation of
British enlistment laws.
While United States has no objection to
proceedings against persons who attempt-
ed to enlist on Kearsarge, it is entitled to
claim that pending prosecutions against
British subjects engaged in forming in-
surgent naval expeditions shall be con-
ducted with energy and dispatch.

Adams to April 8 Inclosing, first, Lord Russell's note, cover-
Mr. Seward.

ing newspaper report of the trial of the
men alleged to have been enlisted on the
steamer Kearsarge, and asking for any
explanation that Mr. Adams might have
to make. Mr. Adams's reply thereto, con-
taining the explanatory statement re-
quested. Second, Mr. Adams's note to
Lord Russell, requesting permission for the
Kearsarge to remain in the Victoria dock,
at London, for repairs. Reply of Lord
Russell, complaining of Captain Winslow's
conduct in other respects, and omitting
all notice of the permission asked for.
Mr. Adams rejoins, considering Lord Rus-
sell's note as a refusal, that Captain
Winslow should be directed to leave.
The Kearsarge, however, left before the re-
ception by the captain of Mr. Adams's
notice to quit.

440

441

441

April 8 Incloses private circular addressed to the 447
four consuls in Ireland, enjoining upon
them unusual caution in their relations
with people in Ireland desiring to emi-
grate to the United States.

April 14 It is quite plain that there was some conni- 448
vance on board the Kearsarge in the scheme

667

of enlisting the Irishmen. Haley, the Irish
petty officer, seems to have prompted the
action. Investigation of the matter is ne-
cessary. Encloses Lord Russell's note re-
gretting that officers Thornton and Haley
should still be retained in the United States
service, and also his note enclosing extracts
from Daniel O'Connell's deposition, which
states that he was clothed with the uni-
form of a United States sailor, and was
sworn with the knowledge of the officers
of the United States ship of war Kearsarge.
Mr. Adams replies; reviews the testimony
of O'Connell and Lynch, and promises to
communicate the wish for further investi-
gation of the case to the government of the
United States.

Mr. Adams to April 22 Has anticipated the suggestion contained in
Mr. Seward.

Lord Lyons to May
Earl Russell.

No. 893, from Mr. Seward, by a note to Lord
Russell, based on the depositions of twenty-
one persons enlisted by rebel agents.
Copies will be sent by next mail.

451

3 In regard to the complaints of the practices 451
by which the enlistment of many British
subjects into the United States Army has
been procured. General Dix's report to
the War Department of the improper
means employed by brokers and agents to
effect enlistments. In the two cases where
British subjects have been condemned to
death for desertion the sentence has not
been executed.

941 Mr. Seward to May Mr. Adams.

7

947

do.

718

The Secretary of the Navy informs Mr. Sew-
ard that it would not comport with the in-
terests of the service to order the Kear-
sarge home at present to investigate
charge against Captain Winslow. When
the vessel returns the charge will be in-
vestigated.

May 16 Repeating the reasons in instruction No. 941.
Mr. Seward adds that when the Kearsarge
can with safety be ordered home the
charges against the officers will be investi-
gated, and if any are found guilty a proper
punishment will be meted out to them.

Mr. Adams to June 16 Transmits debate in House of Lords on the
Mr. Seward.

subject of enlistments. Lord Russell fails
to discriminate between the act of one
party, which persistently enlists men in
violation of the obligation of neutrality as
well as the municipal law of the kingdom,
and the act of the other, which only ac-
cepts men voluntarily resorting to the
United States for the purpose of there of-
fering to take service. Though Lord Rus-
sell promises Lord Clanricarde that if he
will produce evidence to prove the enlist-
ment of any person in England by the au-
thority of the United States, proceedings
shall be at once commenced, Mr. Adams
has yet to learn that a single case of enlist-
ments for the insurgent forces has been

453

454

454