Chap. XI. Orders were immediately despatched that she should not be allowed to add to her equipment for war, and that if any attempt were made to do so, proceedings should be taken under the Foreign Enlistment Act; and Lord Russell received from Mr. Adams on the 23rd an application, the purport of which is sufficiently stated in the following answer:— Earl Russell to Mr. Adams. "Foreign Office, November 28, 1861. "The Undersigned, Her Majesty's Principal Secretary of State for Foreign Affairs, has the honour to inform Mr. Adams, Envoy Extraordinary and Minister Plenipotentiary of the United States at this Court, that his note of the 22nd instant has been the subject of careful and anxious consideration by Her Majesty's Government. "Mr. Adams, after reciting the capture and destruction by fire of a United States' merchant-ship on the high seas by order of the Commander of the armed steamer called the Nashville, and the subsequent arrival of the Nashville in the port of Southampton, asks for an inquiry as to two classes of facts: the first, 'as to the authority possessed by this vessel to commit so aggressive an act on the citizens of a friendly Power and then to claim a refuge in the harbours of Great Britain;' the second, 'in case the nature of that authority be deemed sufficient, at least in the view of Her Majesty's Government, as to the purposes for which the ship is alleged to have come across the ocean, to wit, the making more effective preparations in the ports of Great Britain for carrying on war against the people of a friendly nation.' Birch, were brought on board the Nashville to Southampton, and there set at liberty. An application was shortly afterwards made to the borough magistrates on behalf of the master, who alleged that his chronometer and ship's papers had been taken from him by the Commander of the Nashville, for a summons or warrant to be served on the latter, calling upon him to show cause, "by production of the authority under which he acts or otherwise," why he should not deliver up these articles of property. The magistrates were of opinion that they had no power to issue such a summons. The solicitors for the master then applied to the Foreign Office, but received the answer that the Secretary of State "had no jurisdiction or power to give authority to the magistrates either to issue any summons or warrant, or to do, or abstain from doing, anything in relation to the matter in question."Mr. Layard to Messrs. Oliverson, Lavie, and Peachey, 27th November, "Her Majesty's Government have directed their inquiries to both Chap. XI. these points, and also to the state of the law as applicable to the facts thus by them ascertained. "With regard to the first point, the Undersigned has to state that the Nashville appears to be a Confederate vessel-of-war; her Commander and officers have commissions in the so-styled Confederate Navy; some of them have written orders from the Navy Department at Richmond to report to Lieutenant Peagram for duty' on board the Nashville; and her crew have signed articles to ship in the Confederate Navy. "In these circumstances the act done by the Nashville, of capturing and burning on the high seas a merchant-vessel of the United States, cannot be considered as an act 'voluntarily undertaken by individuals not vested with powers generally acknowledged to be necessary to justify aggressive warfare,' nor does it at all 'approximate within the definition of piracy.' "Such being the answer of Her Majesty's Government on the first point raised by Mr. Adams, the Undersigned passes to the second. "The Undersigned stated to Mr. Adams, in his informal note of the 23rd instant, that he had already given directions that no infringement of the Foreign Enlistment Act should be permitted in regard to the Nashville. In fact, directions had already been given to prevent the Nashville from augmenting her warlike force within Her Majesty's jurisdiction in contravention of the Foreign Enlistment Act. "With respect to the allegation made by Mr. Adams, that some of the officers of the Nashville are to be put in command of vessels now fitting out in British ports for purposes hostile to the Government of the United States, the Undersigned can only say that, if reasonable evidence can be procured to that effect, all parties concerned who shall be acting in contravention of the Foreign Enlistment Act shall be legally proceeded against, with a view to the punishment of the persons and to the forfeiture of the vessels. 66 Having thus answered Mr. Adams upon the two points to which his attention was called, the Undersigned has only further to say that, if, in order to maintain inviolate the neutral character which Her Majesty has assumed, Her Majesty's Government should find it necessary to adopt further measures, within the limits of public law, Her Majesty will be advised to adopt such measures. "It is the earnest desire of Her Majesty to preserve intact the friendly relations between Her Majesty and the United States of America. "The Undersigned, &c. (Signed) "RUSSELL." Whilst the Nashville was still in dry dock, the United States' war-steamer Tuscarora made her appearance in Southampton Water. The subsequent history of Chap. XI. the two ships, till they went to sea, cannot be more clearly or succinctly told than in the following statement furnished by the Admiralty. It supplies a good example of the risks and annoyances which the meeting of hostile vessels in a neutral port is likely to inflict on the neutral, the precautions which it is necessary to take, and the vigilance required in enforcing them. "Statement of Facts with regard to the Tuscarora, United States' Vesselof-war, and the Nashville, a Vessel belonging to the so-styled Confederate States. "November 21, 1861. -Nashville arrived at Southampton, and taken into dock for caulking and other repairs. "December 15. Tuscarora arrived, and anchored off entrance to River Itchen. “December 23.-Captain Patey reported, no repairs had been made in Nashville beyond what were absolutely necessary, and that she had not been in any way equipped more completely as a man-of-war. "January 10, 1862. - Captain Patey reported that Dockmaster at Southampton had on previous night found two officers (one with side-arms) and three men belonging to Tuscarora under Graving Dock fence on pier between Docks; they stated that they were stationed there by their Captain's orders to watch Nashville, and to make a signal to their own ship should Nashville attempt to get under way. Dockmaster removed these persons. "January 10.-Captain Patey also reported that Tuscarora had received 150 tons of coal, and had kept her steam up since her arrival, with a spring on her cable, apparently ready for sea. “January 11.-Captain Wilcox, of Her Majesty's ship Dauntless, stationed in Southampton Water, informed Captains of Tuscarora and Nashville that he had observed preparations for their departure, and had instructions to prevent any hostilities in British waters, and brought to their notice that the Law of Nations requires that twentyfour hours should elapse before the departure of one belligerent ship from a neutral port in pursuit of another; Captain Patey as Senior Officer at Southampton also informed Captains of Tuscarora and Nashville that he had received orders to detain one vessel until the other had twenty-four hours' start. Captains of two vessels answered they would conform to law; and Captain Craven (of Tuscarora) claimed right of free access to and egress from 'waters of a nation believed to be in amity with United States,' trusting that strict impartiality would be observed between the two vessels. In reply Captain Patey referred to fact of Captain Craven having sent officers and men into Docks to watch Nashville, and also pointed out that a Chap. XI. boat, apparently armed, from the Tuscarora, had been observed pulling in and out of the Docks without landing during the night. Captain Craven gave assurance that this would not be repeated. "January 13. Tuscarora left anchorage at 4 A.M., and proceeded to anchor one mile west of Calshot light-ship. Returned at 4 P.M. to former anchorage at entrance of Itchen river. "January 15.- Tuscarora at 2 P.M. weighed, and passed Calshot. "January 16.- At 2 P.M. returned to original anchorage. "January 20.- At 8 P.M. proceeded down Southampton Water, and anchored outside Calshot Castle. "January 22.- At 10 A.M. returned to anchorage at mouth of Itchen river. "January 25.- Captain Patey reported Nashville coaled, and necessary repairs completed, and Tuscarora ready for sea; also that, in conversation with him, Captain Craven, of Tuscarora, had avowed that he would do his utmost to render rule as to twenty-four hours' start null and void, by constantly keeping up steam, and having slips on her cable, so that the moment Nashville might move Tuscarora would precede her, and claim priority of sailing, returning again within twenty-four hours, and so actually blockading Nashville in a neutral port. "January 26.-Under instructions Captain Patey obtained written promises from Captains of Tuscarora and Nashville not to leave their then positions without giving twenty-four hours' notice. "January 27.-In order to prevent any hostile proceedings between the two vessels in British waters, a messenger was despatched in the morning to Southampton with instructions to Captain Patey to require Nashville to depart by 12 o'clock at noon on Tuesday, the 28th of January, and Tuscarora on following day at same hour; but at 1 P.M., and before receiving these last-mentioned instructions, Captain Patey telegraphed that Captain of Tuscarora had notified to him that that ship would put to sea on the following day, namely, on the 28th January, at 11 A.M. To this telegram an answer was at once sent that Tuscarora was accordingly to be allowed to proceed first; and, under the circumstances, Captain Patey did not think it necessary to acquaint the Captain of Tuscarora of the orders he (Captain Patey) received subsequently (on the afternoon of the 27th), requiring the ship to quit Southampton. “January 28.- Captain of Tuscarora reported by letter to Captain Patey that he should defer departure, in consequence of inclemency of weather, until 29th, or first fine day. Captain Patey, in answer, told Captain Craven that he saw nothing in the state of the weather to prevent Tuscarora proceeding, and requested she would lose no time in doing so, observing that, having received from Captain Craven a written notification of his intention to proceed on the 27th, at 11 A.M., he (Captain Patey) had not deemed it necessary to convey Chap. XI. to Captain Craven the instructions he had received for Tuscarora to leave Southampton at noon on the 28th. "January 28.- Captain Patey directed by telegraph not to take any steps, at present, to compel Tuscarora's departure. "January 29.- At 8.10 A.M. Tuscarora proceeded down Southampton Water. "January 30.- Captain Patey, by telegraph, reports Tuscarora at 2 P.M., remains in Yarmouth Roads, and he asks for instructions as to Nashville's departure. Informed, in reply, that the time of Nashville's departure will date from hour Tuscarora shall really go to sea, in accordance with notice. "Admiralty, January 30, 1862." Captain Patey's letter of the 25th January, referred to in the foregoing Memorandum, was as follows : Captain Patey to the Secretary to the Admiralty. (Extract.). "Southampton, January 25, 1862. "I have the honour to request you will be pleased to bring under the consideration of the Lords Commissioners of the Admiralty whether it is intended to allow the American Federal ship-of-war Tuscarora, and the vessel-of-war Nashville of the so-styled Confederate States of North America to remain at this port for an indefinite period. "The Nashville's necessary defects have been made good, and she has been coaled; and, judging from the frequent movements of the Tuscarora up and down the Southampton Water, including one trip through the Needles and round the Isle of Wight, that that ship is in all respects ready for sea, I am induced to bring this matter under the notice of their Lordships, because it appears to me from the course pursued, and avowedly so made known to me by the Captain of the Tuscarora in a conversation which I have had with that officer, he will do his utmost to render the rule of twenty-four hours' start which the Nashville may be inclined to take advantage of, null and void, by constantly keeping up his steam, and having slips on his cable, so that the moment Nashville moves Tuscarora will precede her, and at once claim priority of sailing, returning to this port again within the lapse of twenty-four hours; it hence follows that Nashville is closely blockaded in a neutral port, and this is, without doubt, the special object of the Tuscarora's visit to Southampton. "I would also beg to point out to their Lordships the possibility of the Tuscarora and Nashville coming into collision in a narrow channel and at night, and the probability of Tuscarora, supposing that the other ship had purposely run into her, opening fire on her, and hence bringing on a grave difficulty in the matter. Under all the circumstances of this peculiar case, I think it my duty to make this communication to their Lordships, that they may take such steps as may by them be deemed necessary, respectfully submitting that the |