Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I

Mr. Adams to Mr. Seward.

No. 395.]

Legation of the United States, London, April 30, 1863.

Sir: Despatches have been received this week from the department, numbered from 542 to 549, inclusive.

In regard to the most important of these, (Nos. 545 and 548, of the 10th and 13th of April,) I find that the instructions to communicate the views therein contained are predicated on the state of things as then understood by you to exist here. It so happens that nearly at the same date her Majesty’s government had determined to take the step which meets the contingency suggested by yourself as necessary and required. The decision to proceed against the parties concerned in the equipment of the Alexandra seems, to me, therefore, to dispense with the obligation to present further remonstrances against their nonaction. I shall, therefore, suspend proceedings under these despatches until I learn the effect which the knowledge of later events will have had upon your policy.

You will also have had in your possession ere this my despatches relating to a resort to legal proceedings in the courts here, on the part of the government of the United States, (Nos. 368 and 377.) I had already taken the responsibility of directing Mr. Dudley to proceed at first alone, and, after the British authorities moved, in concert with them, if agreeable. Copies of the letters that have passed between Lord Russell and myself, relating to this last proposal, have already gone forward with my despatch No. 377. There is, however, one note of mine, written this week, which remains to complete the papers, I now forward a copy. You will see that it declines to push the proposal of co-operation any further. I am convinced that it would do no good to attempt it, and that for the reasons given in my No. 377. If the government does not succeed, it is very certain that we should fail. If, on the other hand, it carries its point, the moral effect of its interposition, in deterring from new attempts hereafter, would be vastly greater.

I am very glad, however, to learn that Mr. Evarts is about to come here for the purpose of acting in concert with the professional persons who have been employed on this side. This will relieve my mind of much responsibility in the management and direction of the technical part of the business. I shall be happy to receive him, and to afford him all the aid in my power in the prosecution of his work.

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

CHARLES FRANCIS ADAMS.

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

Mr. Adams to Lord Russell.

Legation of the United States, London, April 28, 1863.

My Lord: I have the honor to transmit a copy of a letter received from Messrs. Duncan, Squarey & Blackmore, to whom I have referred for advice in regard to my response to the inquiry which your lordship did me the honor to address to me on the 23d instant, together with the enclosure therein. I am led to the conclusion, for the reasons given in this letter, that it would not be advisable now to propose, on the part of my government, to take an active part in the prosecutions connected with the Alexandra. I am the more confirmed in this opinion from the fact that I have reason soon to expect more specific directions from Washington in connexion with the management of the questions involved in the proceedings that may be taken in the courts.

I have, &c.,

CHARLES FRANCIS ADAMS.

Right Hon. Earl Russell.

Messrs. Duncan, Squarey & Blackmore to Mr. Welding.

Liverpool, April 27, 1863.

Sir: We have read the copy of correspondence between Mr. Adams and Lord Russell, which you left with us this morning.

Two distinct processes are pointed out by the foreign enlistment act—one against the vessel, with a view to its condemnation; the other against the persons implicated in fitting out the vessel, who are to be deemed guilty of a misdemeanor, punishable by fine and imprisonment. The expediency of proceeding criminally against the parties engaged in fitting out the Alexandra was discussed on several occasions by the writer with Mr. Howell, the solicitor to the Board of Customs, when that gentleman was at Liverpool; and the conclusion arrived at, in which Mr. Dudley fully concurred, was that, unless, in the opinion of the law officers of the crown, it was legally necessary, to get this vessel condemned, that there should be a previous conviction for misdemeanor of the parties implicated in fitting her out, it was not expedient in this instance to proceed criminally against the parties implicated. The reason why such proceedings were not thought expedient was that it was considered that the evidence, though perhaps sufficient to support proceedings in London for the condemnation of the vessel, might prove insufficient to procure a condemnation at Liverpool of the parties implicated, and that an unsuccessful prosecution would prejudice the chance of getting the vessel condemned, which would unquestionably be the case. We may add, that we have always understood from Mr. Dudley that it was the opinion of Mr. Adams and himself that the criminal proceedings against individuals should be instituted by the government of this country, and not by, or on behalf of, the government of the United States.

We enclose a copy of a letter addressed by us to Mr. Hamel, on the 20th instant.

Yours truly,

DUNCAN, SQUAREY & BLACKMORE

H. Welding, Esq., Vice-Consul U. S. A., Liverpool.

Mr. Squarey to Mr. Hamel.

Liverpool, 10 Water street, April 20, 1863.

My Dear Sir: Your letter of the 17th instant was handed to me, in due course, by Mr. Beverly.

I am not in a position at present to place before you any further evidence, but it is probable that some additional information may be obtained, in which case I will communicate with you.

The American consul has written to the United States for evidence of the capture and destruction of federal vessels by the Alabama and the Florida, and for the original letters from Mr. Memminger and Mr. Mallory, showing Messrs. Fraser, Trenholm & Co.’s connexion with the confederate government, with proof of the handwriting of such letters.

You may rely absolutely upon this evidence being forthcoming.

I have had an opportunity of discussing with the consul the questions, at our interview on Thursday last; and I may state that, although the government entertains a strong opinion that parties implicated in offences against the foreign enlistment act should be prosecuted by the British government, the consul concurs in the expediency, in this instance, of seeking the forfeiture of the vessel rather than the conviction of offending parties.

If, however, the law officers of the crown should consider that the prosecution of the parties is legally necessary in order to the condemnation of the vessel, or that it is otherwise expedient, the consul is prepared to render every assistance in his power in any such prosecution.

Having regard to the great difficulty of procuring such evidence as one would wish to obtain, in support of the proceeding for the condemnation of this vessel, I feel very strongly that it may be necessary and proper to disregard the ordinary rule against calling unwilling witnesses, and to compel the attendance on the trial of parties from the establishments of Messrs. Fraser, Trenholm & Co., and Messrs. Faucett, Preston & Co., with such books and papers as may contain information as to the circumstances under which the vessel was ordered to be built, and the mode it has been paid for. This, I am aware, would be a. bold, and, perhaps, to some extent, a dangerous course; but it must be remembered that the case is exceptional; and I think it may deserve consideration whether Captain Bullock, Captain Tessier, Captain Omquid, and some of the principals in the above-mentioned firms, and the Messrs. Miller, should not also be subpoenaed.

I have ascertained that the advance notes given to the crew of the Oreto, when she sailed from Liverpool, were made payable at Messrs. Faucett, Preston & Co.’s office; and there is, I believe, no doubt that these, gentlemen furnished the armament of that vessel, and of the Alabama.

If I can assist you at any time, let me know, and I will at once come to town.

Yours, very truly,

A. F. SQUAREY.

F. J. Hamel, Esq., Solicitor to the Board of Customs, Custom-House, London.