Mr. Adams to Mr. Seward.

No. 349.]

Sir: The law officers of the crown having consumed some weeks in meditating on my several notes to Lord Russell, of the 9th, the 16th, and the 19th of February, copies of which were submitted to you in my respective despatches, Nos. 322, 331, and 333, appear to have relapsed into their old theory of want of power to do anything at all to protect a friendly nation from the hostilities of British subjects who knowingly violate the injunctions of the Queen’s proclamation.

I now have the honor to transmit copies of notes from Lord Russell, all dated the 9th instant, respectively, in answer to mine already mentioned. I mention them all in one letter, because they differ only in relation to the details, and all equally rest on the practical abnegation of will as well as of power to perform obvious international obligations.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Enclosures.]

1. Lord Russell to Mr. Adams, March 9, 1863, on intercepted correspondence.

2. The same to the same, March 9, 1863, on the Sumter at Liverpool.

3. The same to the same, March 9, 1863, on claim of New York Mutual Insurance Company for ravages of No. 290.

Lord Russell to Mr. Adams.

Sir: With reference to my letter of the 12th ultimo, I have the honor to inform you that her Majesty’s government have fully considered, in communication with the law officers of the crown, the copies of intercepted correspondence enclosed in your letter of the 9th ultimo, and which you represent as showing “a deliberate attempt to establish within the limits of this kingdom a system [Page 166] of action in direct hostility to the government of the United States; this plan embracing not only the building and fitting out of several ships-of-war under the direction of agents especially commissioned for the purpose, but the preparation of a series of measures, under the same auspices, for the obtaining from her Majesty’s subjects ‘the pecuniary means essential’ to the execution of these hostile projects.”

I have now to state to you that this correspondence does not appear to her Majesty’s government to contain any sufficient evidence of “a system of action in direct hostility to the United States” on the part of any of her Majesty’s subjects.

It goes merely to show that agents of the so-called Confederate States, resident in this country, have received instructions from their own government to endeavor to raise money on securities of that government in England, and to enter into contracts for the purchase of munitions of war, and for the building of iron-clad vessels; but there is no proof in these papers that the agents referred to have as yet brought themselves within the reach of any criminal law of the United Kingdom; for, even supposing that they have acted on their instructions, it is not contrary to law for her Majesty’s subjects to lend money, on securities or otherwise, to the persons administering the government of the Confederate States, nor to sell to that government ordinary munitions of war.

With respect to the building of iron-clad steamers for either belligerent governments, although this is clearly prohibited by the foreign enlistment act, her Majesty’s government do not find in this correspondence sufficient information that anything of that kind has actually been done within this country which could form matter for a criminal prosecution.

I have the honor to be, with the highest consideration, sir, your obedient, humble servant,

RUSSELL.

Charles Francis Adams, Esq., &c. &c., &c.

Lord Russell to Mr. Adams.

Sir: I have the honor to inform you that her Majesty’s government have had under their consideration, in communication with the proper law advisers of the crown, your letter of 16th ultimo, stating that you had received information of the arrival of the steamer Sumter at Liverpool, and calling my attention to the bearing on this case of her Majesty’s proclamation limiting the stay within British ports of vessels-of-war belonging to either of the belligerent parties.

I have now to inform you that her Majesty’s government, in the present state of their information on the subject, are unable to assume, as you appear to do, that the ship lately called the Sumter has not been legally and bona fide sold to a British owner for commercial and peaceful purposes; and, unless it were established that the sale was merely fictitious, her Majesty’s proclamation, to which yon refer, cannot be deemed applicable to that vessel in the port of Liverpool.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

RUSSELL.

Charles Francis Adams, &c., &c., &c.

[Page 167]

Lord Russell to Mr. Adams.

Sir: I have the honor to acquaint you that her Majesty’s government have under their consideration your letter of the 19th ultimo, enclosing a copy of a memorial which has been addressed to the United States Secretary of Stately the New York Mutual Insurance Company, claiming the repayment by her Majesty’s government of certain policies of insurance upon the United States vessels Brilliant and Manchester, which have been destroyed on the high seas by the confederate steam vessel Alabama.

I have the honor to state to you that her Majesty’s government entirely disclaim all responsibility for any acts of the Alabama, and they had hoped that they had already made this decision on their part plain to the government of the United States.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

RUSSELL.