Office of the Historian

Mr. Adams to Mr. Seward.

No. 376.]
Legation of the United States, London, April 17, 1863.

Sir: I have the honor to forward copies of further correspondence had with Lord Russell in connexion with the case of the Alexandra. My proposition to him had been prompted by the legal advisers employed by Mr. Dudley, though not precisely in the form adopted by me. They suggested an offer to proceed, on our part, in the courts, as an alternative, should they prefer that course. I thought this might possibly be used to throw the responsibility exclusively upon us. So I preferred to apprise them of the readiness of our lawyers to proceed on their judgment of the merits of the case, without offering to release the government from its duty to come to the same conclusion.

I have since learned from Mr. Dudley that the government has finally decided upon prosecuting the offenders criminally. But so strong is the sympathy with them of all the subordinates at Liverpool, that I still remain very doubtful of any successful result. They are collecting further testimony, in which business Mr. Dudley is endeavoring to co-operate with them. The expense will be considerable, but I have authorized him to incur it in the belief that any efforts in this direction that may have the effect even to delay the completion of these operations will more than compensate the loss.

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

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, &c.

[Enclosures.]

1. Mr. Adams to Lord Russell, April 9, 1863.

2. Lord Russell to Mr. Adams, April 9, 1863.

3. Same to same, April 11, 1863.

4. Mr. Adams to Lord Russell, April 11, 1863.

Mr. Adams to Lord Russell.

Legation of the United States, London, April 9, 1863.

My Lord: Having examined an opinion from eminent counsel that the evidence in the case of the Alexandra is sufficient to sustain proceedings for her condemnation under the sixth section of the enlistment law, I pray your lordship to have the kindness to inform me whether the measures thus far adopted or intended on the part of her Majesty’s government in that case would be in [Page 250] any way deranged by simultaneous action on the part of the United States in a different form. Should no inconvenience be apprehended, I am informed by the lawyers that they are ready to proceed.

I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant,

CHARLES FRANCIS ADAMS.

Right Hon. Earl Russell, &c., &c., &c.

Lord Russell to Mr. Adams.

Foreign Office, April 9, 1863.

Sir: I have the honor to acknowledge the receipt of your letter of this day’s date, requesting to be informed whether the means thus far adopted or intended on the part of her Majesty’s government in the case of the Alexandra would be in any way deranged by simultaneous action on the part of the United States in a different form, and I beg to state to you that I have referred a copy of your letter to the lords commissioners of her Majesty’s treasury, and as soon as I receive their lordships’ reply I shall have the honor of making a further communication to you on the subject.

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

RUSSELL.

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

Lord Russell to Mr. Adams.

Foreign Office, April 11, 1861.

Sir: I have the honor to acquaint you, with reference to your letter of the 9th of this month, that, in order that the law officers of the crown may be enabled to judge of the bearing which any proceedings which you might take on behalf of the government of the United States in the case of the Alexandra would have on the proceedings of her Majesty’s government in the same case, they wish to be informed what they are to understand by the expression in your letter, “simultaneous action on the part of the United States.”

I have therefore to request that you will have the goodness to furnish me at your earliest convenience with an explanation on this point, for the information of her Majesty’s law officers.

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

RUSSELL.

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

Mr. Adams to Lord Russell.

Legation of the United States, London, April 11, 1863.

My Lord: Without incurring the delay necessary to consult with counsel in regard to the question which your lordship has done me the honor to propose to me in your note of this day, just received, I hasten to say that by the terms [Page 251] of the seventh and eighth sections of the enlistment law it would appear as if action could be taken both against the persons engaged in the offences specified and against the ships or vessels fitted out by them, or against either. In the one case, the proceedings would seem to be by indictment against the person for a criminal offence; whilst, in the other, the action might be against the vessel and in a different court.

The purpose of inquiry which I had the honor to make was rather to learn whether her Majesty’s government would desire any form of co-operation in the prosecution of this matter than to embarrass them by specifying forms of action with which I am, necessarily, not familiar. Should it, however, be agreeable to the law officers of the crown to obtain more specific information in regard to the practical measures contemplated by the counsel retained on behalf of the government of the United States, I shall be happy to procure it at as early a moment as may be practicable.

I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant,

CHARLES FRANCIS ADAMS.

Right Hon. Earl Russell, &c., &c., &c.