Mr. Adams to Mr.
Seward.
No. 500.]
Legation of the United States,
London,
September 18, 1863.
Sir: Lord Russell is becoming a little
sensitive to the multiplication of the claims for damage done by the
Alabama. A copy of his note to me of the 14th instant, in reply to mine
of the 24th of August, on the case of the ship Nora, is now transmitted.
I adjoin a copy of my answer. You will judge from it of the expediency
of furnishing me with new instructions.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Page 431]
Lord Russell to Mr. Adams.
Foreign Office,
September 14, 1863.
Sir: In acknowledging the receipt of your
letter of the 24th ultimo, in which you request that Messrs. Upton’s
claim on account of the destruction of their vessel, the Nora, by
the Alabama, may be added to others of the same kind, which you have
heretofore presented to me, I must, on the part of her Majesty’s
government, repeat the disclaimer which, on more than one occasion,
I have already made to you of all responsibility in regard to the
proceedings of the Alabama, or of any other confederate cruiser.
But, as it is stated in your letter that the Alabama was “fitted out
and despatched from the port of Liverpool,” and as these words imply
that you suppose she was fitted out as a vessel-of-war, I have
thought it right to ask Mr. Laird how far that statement is borne
out by the facts; and I have the honor to enclose, for your
information, a copy of a letter which I have received from that
gentleman in reply, stating that, from the information he had
received, it appears that the Alabama was not fitted out at
Liverpool as a vessel-of-war. When the United States government
assume to hold the government of Great Britain responsible for the
captures made by vessels which may be fitted out as vessels-of-war
in a foreign port, because such vessels were originally built in a
British port, I have to observe that such pretensions are entirely
at variance with the principles of international law and with the
decisions of American courts of the highest authority; and I have
only, in conclusion, to express my hope that you may not be
instructed again to put forward claims which her Majesty’s
government cannot admit to be founded on any grounds of law or
justice.
I have the honor to be, with the highest consideration, sir, your
most obedient, humble servant,
Mr. John Laird to the British Foreign Office.
Birkenhead,
September 2, 1863.
Sir: In reply to your letter of the 21st of
August, stating that Lord Russell will feel much obliged to me if I
can inform him “how far it is true that the Alabama was fitted out
as a vessel-of-war at Liverpool before she left that port,” I
request that you will inform his lordship that I am not able, from
my own personal observation or knowledge, to reply to his lordship’s
inquiry, as I did not see the Alabama after the first week in July,
1862, being some weeks before she sailed.
In order to obtain for his lordship, from a reliable source, the
information he has asked for, I have made inquiries from my
successors in business, the firm of Laird Brothers, the builders of
the vessel now called the Alabama, and I am authorized by them to
state that the vessel referred to was delivered by them at the port
of Liverpool, and that at the time of delivery she was not fitted
out as a vessel-of-war.
They also confirm in every respect the report of Mr. Morgan, the
surveyor of customs at Liverpool, dated 30th July, 1862, (ordered by
the House of Commons to be printed 24th March, 1863,) in which he
states that a strict watch had been kept upon the vessel, and that
she left the port without any part of her armament on board.
I am, &c.,
[Page 432]
Mr. Adams to Lord Russell.
Legation of the United
States, London,
September 17, 1863.
My Lord: I have had the honor to receive
your note of the 14th instant, in reply to mine of the 24th ultimo,
presenting the claim of Messrs. Upton on account of the destruction
of the ship Nora, I shall transmit a copy of the same for the
consideration of my government, with whom the withdrawal of
instructions to me necessarily rests. In the mean time I shall
abstain from presenting the papers in another case which have come
to hand until further advices.
I cannot but regret that your lordship should have adduced the
evidence of Mr. Laird in support of any proposition made to my
government. I trust I may be pardoned if I remind you that the
statements made heretofore by that person in Parliament respecting
their action are not such as are likely to lead to their implicit
credence in any relating to his own.
I pray, &c,
