J. S. George, John C. Rahming & Co., C. R. Perfsall, I. J. Turtle, Alexander Johnson. I particularize those who omit no opportunity of sending supplies of arms, munitions of war, and medicines to the rebels. SIR: In answer to your despatch numbered 289, of the 5th of July, I now transmit copies of certain notes which have passed between the foreign office and this legation on the subject referred to. The printed portion of the correspondence is to be found in the third volume of the State Papers relating to foreign affairs, printed by Gales & Seaton, pages 576 to 581. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, CHARLES FRANCIS ADAMS. Secretary of State, Washington, D. C. [Enclosures.] 1. Earl Russell to Mr. Adams, July 4, 1862, for the date of the British demand for restoration of recaptured vessels. 2. Mr. Adams in reply to Lord Russell, July 7, 1862. 3. Lord Russell to Mr. Adams, July 21, 1862, with copy of Lord Grenville's note, of October 21, 1799, to Mr. Liston, and Mr. Pickering's note of May 3, 1800. Earl Russell to Mr. Adams. FOREIGN OFFICE, July 4, 1862. SIR: I should feel much obliged, if you have the means of doing so, if you would inform me of the exact date at which a demand, similar to that made by you in the case of the Emily St. Pierre, was made by the British government upon that of the United States for the restoration of a vessel seized by a British cruiser, but afterwards recaptured by the crew. I have the honor to be, with the highest consideration, sir, your most obedient humble servant, CHARLES FRANCIS ADAMS, Esq. RUSSELL. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: In answer to your lordship's note of the 4th instant, requesting me to inform you of the exact date at which a demand, similar to that made by me in the case of the Emily St. Pierre, was made by the British government upon that of the United States, I have the honor to transmit a copy of the note of Mr. Liston to Mr. Pickering, dated at Philadelphia, February 2, 1800, as I find it printed in the 3d volume of the State Papers of the United States relating to foreign affairs. I have the honor to be, my lord, your most obedient servant, Earl RUSSELL. CHARLES FRANCIS ADAMS. Earl Russell to Mr. Adams. FOREIGN OFFICE, July 21, 1862. SIR: I beg to thank you for your letter of the 7th instant, communicating to me a copy, as printed in the 3d volume of the United States State Papers, of the note from Mr. Liston to Mr. Pickering, of the 2d of February, 1800, applying for the restoration of the three vessels: Experience, Lucy, and Fair Columbian. I have now the honor to enclose a copy of the instruction from Lord Grenville, under which Mr. Liston acted, and a copy of the note which was received from Mr. Pickering in reply. No law officer's opinion has been found, neither do there appear to have been any subsequent proceedings on the part of the British government. I have the honor to be, with the highest consideration, sir, your most obedient humble servant, CHARLES FRANCIS ADAMS, Esq. RUSSELL. No. 14.] DOWNING STREET, October 21, 1799. SIR: I send you enclosed the copy of a letter which I have received from the lords commissioners of the admiralty, together with the papers to which it refers; and I have to signify to you his Majesty's pleasure that if the vessel mentioned in them, (the brig Experience,) should be brought into any port of the United States, you make a formal demand that she be immediately delivered up to you, together with the deserters and seamen who rescued her out of the possession of the prize master, in order that they may be sent to Jamaica, or to some other of his Majesty's colonies, to be there dealt with agreeably to the law of nations. Mr. LISTON. The Secretary of State to Mr. Liston. DEPARTMENT OF STATE, Philadelphia, May 3, 1800. SIR: In reference to your letter of the 2d February last, I soon after took occasion to intimate to you what appeared to be the President's way of thinking on the subject. I have now the honor to state to you that while, by the law of nations, the right of a belligerent power to capture and detain the merchant vessels of neutrals, on just suspicion of having on board enemy's property, or of carrying to such enemy any of the articles which are contraband of war, is unquestionable, no precedent is recollected, nor does any reason occur which should require the neutral to exert its power in aid of the right of the belligerent nation in such captures and detentions. It is conceived that, after warning its citizens or subjects of the legal consequences of carrying enemy's property or contraband goods, nothing can be demanded of the sovereign of the neutral nation but to remain passive. If, however, in the present case, the British captors of the brigantine Experience, Hewit, master; the ship Lucy, James Conolly, master, and the brigantine Fair Columbia, Edward Carey, master, have any right to the possession of those American vessels or their cargoes, in consequence of their capture and detention, but which you state to have been rescued by their masters from the captors, and carried into ports of the United States, the question is of a nature cognizable before the tribunals of justice, which are opened to hear the captors' complaints; and the proper officer will execute their decrees. You suggest that these rescues are an infringement of the law of nations. Permit me to assure you that any arguments which you shall offer to that point will receive a just attention. With regard to the British seamen and deserters who have assisted in the rescues, with great truth I am authorized to assure you that the government have no desire to retain them; but besides that the many months elapsed since those events, and the consequent dispersion of the men, would probably render their delivery impracticable, it is not known to be authorized by any law. This has brought into view your project of stipulations for the mutual delivery of deserters, whether seamen or soldiers; and I have now the honor to enclose a counter project by which you will see the objections which have occurred to your propositions. The President has been pleased to direct and empower me to negotiate with you on this subject, and it will afford him great pleasure if we can make a satisfactory arrange SIR: Since the date of my despatch (No. 187) of the 17th of July, I have to report that I received from Mr. Collier so decided an opinion in regard to the illegality of the proceedings at Liverpool, that I directed Mr. Dudley to proceed with the utmost vigor in the preparation of the necessary deposi tions to place before the collector of customs at Liverpool. I authorized him to act under professional advice, so that no mere omission of form could be made to avail against us. No time has been lost in getting up the papers and in submitting them in the proper quarter. For two days Mr. Dudley and his adviser, Mr. Squarry, have been in constant communication with me here, and all the measures taken by them have been sanctioned by me. I am sorry to say that although the second opinion of Mr. Collier, based upon the depositions themselves, is so unequivocal, I have reason to believe that they are not likely to be more effective to secure the detention of the ship by the collector than any former action. Not to omit any step that could be imagined likely to avail, I have transmitted copies of all the papers to Lord Russell, with a request for action on the subject in his department. I now send copies of the same, with the exception of the affidavits, which Mr. Dudley will probably send, for your consideration. As yet I have no answer from Lord Russell. I am not sanguine of success, but it seems to me that the action taken is essential to complete the record. I have authorized Mr. Dudley and Mr. Morse to incur some liabilities in the process, which I hope will not be regarded as ill-judged. The Tuscarora has not yet left Southampton. I shall give Captain Craven directions to intercept the vessel, if possible, should she be permitted to depart. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. [Enclosures.] CHARLES FRANCIS ADAMS. 1. Opinion of R. P. Collier, esq., July 16, 1862. No. 1. Opinion of R. P. Collier. The accompanying copy of a statement, submitted by the American consul in Liverpool to her Majesty's collector of customs there, will furnish all the information which has at present been obtained relative to the fitting out of a vessel intended to be used as a privateer for the purposes of the Confederate States of America. It is believed that the vessel is now very nearly ready. The American government are desirous of taking immediate steps, under the foreign enlistment act, 59 Geo. III, cap. 69, to seize the ship and get her condemned. Mr. Collier, Queen's counsel, is requested to advise as to the proper course of proceeding under the circumstances. WESTERN CIRCUIT, Winchester, July 16, 1862. I think the evidence almost conclusive that the vessel in question is being fitted out by the Messrs. Laird as a privateer for the use of the confederate government, in contravention of the provisions of the foreign enlistment act, 59 Geo. III, cap. 69. As the matter is represented to me to be urgent, I advise that the principal officer of the customs at Liverpool be immediately applied to, under 59 Geo. III, cap. 69-7, to exercise the powers conferred upon him by that section to seize the vessel, with a view to her condemnation, an indemnity being given to him if he requires it. It would be proper at the same time to lay a statement of the fact before the secretary of state for foreign affairs, coupled with a request that her Majesty's government would direct the vessel to be seized, or ratify her seizure if it has been made. If the matter were not urgent I should advise no other steps being taken until it was known whether or not the government thought fit to interfere; but inasmuch as the government might not unreasonably take some little time to determine what course to pursue, during which time the vessel might escape, I advise the more prompt remedy. MY LORD: I have the honor to transmit copies of six depositions taken at Liverpool, tending to establish the character and destination of the vessel to which I called your lordship's attention in my note of the 23d of June last. The originals of these papers have already been submitted to the collector of the customs at that port, in accordance with the suggestions made in your lordship's note to me of the 4th of July, as the basis of an application to him to act under the powers conferred by the enlistment act. But I feel it to be my duty further to communicate the facts as there alleged to her Majesty's government, and to request that such further proceedings may be had as may carry into full effect the determination which I doubt not it ever entertained to prevent by all lawful means the fitting out of hostile expeditions against the government of a country with which it is at peace. I avail myself of this opportunity to renew to your lordship the assurance of my highest consideration, and am, my lord, your most obedient servant, CHARLES FRANCIS ADAMS. The Right Hon. EARL RUSSELL, &c., &c., &c. No. 3. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: In order that I may complete the evidence in the case of the vessel now fitting out at Liverpool, I have the honor to submit to your lordship's consideration the copies of two more depositions taken respecting that subject. |