Mr. Adams to Mr.
Seward.
No. 146.]
Legation of the United States,
London,
April 24, 1862.
Sir: Since the date of my last, despatches from
the department, numbered from 218 to 226, both inclusive, have been
received. I do not perceive that they call for particular comment, as in
some cases the directions given have been anticipated, and in others the
topics have already been in a measure exhausted.
The most important event that has happened here, as connected with this
legation, has been the notice received from Mr. Dudley, the consul at
Liverpool, of the arrival of the ship Emily St. Pierre, on Monday, the
21st instant, at that port, instead of Philadelphia, to which she had
been ordered by Captain Goldsborough for attempting to break the
blockade, and the application made by the crew to him for aid, they
having been mastered by the captain and two hands left on board whilst
on the voyage. Mr. Dudley sent at once to this legation for instructions
how to act. I directed him to take the depositions of the men, and send
them to me, together with all the papers in their hands connected with
the case. These did not fully reach me until this morning. After a full
consideration of the substance of them, I considered the matter so clear
as to justify me in proceeding at once to present a claim on her
Majesty’s government for the restoration of the ship. I have therefore
addressed a note this morning to Lord Russell, recapitulating the facts
of the case, and assuming the law without the necessity of argument. I
have the honor to transmit a copy herewith.
The probability is, that this ship has been placed under a British
register by the firm of Fraser, Trenholm & Co., of Liverpool, for
the purpose of covering the property which they hold in common with
persons in South Carolina. Some time in the month of July last I
received from Mr. Wilding information of the transfer under British
protection of a number of vessels, of which this was one. They have been
since employed, more or less actively, in carrying supplies to the
rebels by evasions of the blockade. I have so little confidence in the
efficacy of any reclamation that I may make, that I will not predict
what the issue in this case will be. But it seems to me to form an
important part of the record which will remain to show the disposition
of this country towards the United States during their day of trial.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. Adams to Earl Russell.
Legation of the United
States,
London,
April 24, 1862.
My Lord: I have the honor to submit to your
consideration copies of certain depositions and other papers which
have been transmitted to me by Thomas H. Dudley, esq., the consul of
the United States at Liverpool, touching the case of the Emily St.
Pierre, a vessel which arrived on the 21st instant at that port.
It would appear from these papers that the Emily St. Pierre, a ship
sailing
[Page 76]
under a British
register, and belonging to British subjects residing in Liverpool,
was found, on the 18th of March last, by the officer commanding the
naval force of the United States, attempting to run into the port of
Charleston, in South Carolina, in violation of the blockade there
legitimately established. In consequence of this, the ship was
seized, the crew, with the exception of the commander, the steward,
and cook, taken out, and a prize crew, consisting of three officers
and twelve men, put on board, with directions to proceed to
Philadelphia, in order that the necessary measures might be at once
adopted to submit the question of the validity of the capture to the
regularly constituted tribunal for final adjudication. The original
papers establishing these facts are now in my hands, prior to their
transmission of them to the government of the United States.
It further appears that the captain of the Emily St. Pierre, being,
according to the established rule in the case of neutral vessels so
seized, left at large and under no constraint, assumed the
responsibility of preventing the regular process of adjudication,
and of taking the law into his own hands, by contriving a method of
surprise and rescue by force of the ship so situated out of the
hands of the possessor. Having succeeded in this attempt, he has
compelled the United States seamen, by threatening their lives, to
navigate the ship to the port of Liverpool, where he threw them upon
the mercy of the world, whilst he seeks to shelter himself under the
protection of her Majesty’s authority against the consequences of
this outrageous proceeding.
Should the facts prove to be as herein stated, I believe I may say
with confidence that the law bearing upon the case is quite well
established. Such an act committed by the master of a neutral vessel
has long since been decided not simply to be wrongful, but even to
work a total confiscation of vessel and cargo intrusted to his care.
The opposition thus shown to lawful inquiry too strongly indicates
the unlawful intent of the voyage to justify the extension to it of
any protection by the government of a friendly power. Not doubting
the sincere disposition of her Majesty’s government to adhere to the
principles which it declared at the outset of the differences in the
United States, I pray your lordship’s early consideration of the
subject, to the end that suitable directions may be given to restore
the vessel at an early day to the authority from which it has been
so violently taken.
Renewing to your lordship the assurance of my highest consideration,
I have the honor to be, sir, your obedient servant,
Right Hon. Earl Russell,
&c., &c., &c.
