Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session Thirty-seventh Congress
Mr. Adams to Mr. Seward.
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, 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 1, 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.
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.
Mr. Adams to Earl Russell
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.
Earl Russell to Mr. Adams.
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.
[Untitled]
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.
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, He wit, 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 arrangement.
I have the honor to be, &c.,
Robert Liston, Esq.