Mr. Adams to Mr.
Seward.
No. 198.]
Legation of the United States,
London,
July 31, 1862.
Sir: I have the honor to transmit copies of two
more notes, which have been exchanged here since my last despatch, (No.
188,) touching the case of the United States steamer Saginaw and her
warning to leave the port of Hong Kong.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
Earl Russell to Mr. Adams.
Foreign Office,
July 25, 1862.
Sir: I have the honor to acknowledge the
receipt of your letter of the 14th instant, in which you call
attention to the circumstances under which the United States steamer
Saginaw had been required to quit the harbor of Hong Kong, in
compliance with the terms of her Majesty’s proclamation of the 31st
of January last. You draw at the same time a comparison between the
course thus adopted towards the Saginaw and that which had been
followed with regard to the Sumter, at Gibraltar.
I have, in reply, to observe that the difference between the
circumstances of the two cases lies in the fact that the Sumter was
in the waters of Gibraltar before the proclamation had been issued
by her Majesty’s government, whereas it appears that the Saginaw
went to Hong Kong subsequent to its issue.
In framing the regulations contained in the proclamation her
Majesty’s government have acted on the principle of impartiality,
but the effect has been greatly to the advantage of the United
States cruisers and to the disadvantage of those of the confederate
States.
I have the honor to be, with the highest considerations, sir, your
most obedient humble servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Adams to Earl Russell.
Legation of the United
States,
London,
July 28, 1862.
My Lord: I have the honor to acknowledge
the reception of your note of the 25th instant, in answer to mine of
the 14th, touching the case of the United States steamer Saginaw. In
reply to my suggestion of a seeming difference of treatment
experienced at Gibraltar in the case of the Sumter and at Hong Kong
in the case of that vessel, your lordship remarks that it is to be
attributed to the fact that the Sumter was in the waters of
Gibraltar before the proclamation had been issued, whereas the
Saginaw went to Hong Kong subsequently to its issue.
[Page 162]
If by this it be understood that the date of issue of the
proclamation in London is the rule applied to vessels happening to
be at the most remote dependencies of Great Britain, I must admit
that these two cases are not precisely parallel. My impression had
been that that paper was not designed to have a retroactive
operation, but that it went into effect, as is often the case in
treaties, from the date of reception and notice by the local
government of the distant colony to which it was to apply. In that
view it would seem that the Saginaw had arrived at Hong Kong more
than a fortnight prior to the issue of the governor’s
proclamation.
In making the representation respecting the case of the Saginaw it
was not, however, my desire to raise this question as one of primary
importance. I rather wished to point out the exceptional nature of
the China seas, in which all commercial nations seem to have a
common interest in rendering to each other, so far as possible, a
mutual support.
I pray your lordship to accept the assurance of the highest
consideration with which I have the honor to be, my lord, your most
obedient servant,
The Right Hon. Earl Russell.
