Mr. Adams to Mr. Seward.

No 547.]

Sir: Despatches have been received at the legation from the department, numbered 756 to 761, inclusive, together with a note dated the 14th of November, relating to the discharge of Mrs. Singleton’s son, and another of the 16th, marked “private.”

I have taken the necessary measures to obtain a conference with Lord Russell on the subjects referred to in Nos. 759, 760, and 761. On reflection, I prefer to adopt this course, in the first place, rather than that by writing, more especially as another subject has arisen, having an intimate relation to the main question in agitation, and not unlikely to effect the decision to which the British government will ultimately come.

It is now more than a fortnight since I received private and confidential advices from a person at Sheerness, that one of several war steamers, which had been lately sold by the British government, was remaining at that place, refitting, under the direction of persons connected with the royal dockyards, in a manner which created in him a strong suspicion that she was intended for an illegal purpose. The communication was of a kind that I could not use in any official way; but I conferred with Mr. Morse on the subject, and with his aid procured other information, strongly confirming the idea that the vessel was intended for the rebels, though nothing of a kind positive enough to base any representation upon to the British government. It is not improbable that the parties concerned got wind of the inquiries that were making, for they suddenly determined upon pushing the vessel out of the harbor, in spite of the fact that she was by no means prepared for sea, and had no adequate force to man her; [Page 4] indeed, the workmen engaged in refitting here were actually carried out, and were found still busy when she was brought to at Calais, on the other side of the channel. Here the rebel flag was hoisted at once, and the vessel christened the “Rappahannock,” with the view of obtaining the recognition of the French government. A number of officers and men were also then put on board, sufficient to constitute an appearance of a crew. The trick has succeeded thus far, but the vessel is as yet entirely unfit for sea, and will need much time and contrivance to secure an equipment, manning, and armament. Had the government of the United States a sufficient naval force in European waters she could scarcely hope to escape capture, together with the tenders and the Harriet Pinckney, which are evidently relied on to complete the operation; as it is, the chances are rather in her favor.

Although entirely without any technical evidence upon which to rest a remonstrance, I considered the case so peculiar as to justify me in making a representation to the British government, merely on the strength of a statement of facts presented by Mr. Morse. I have the honor to transmit copies of my note to Lord Russell of the 28th, and of Mr. Morse’s letter to me of the same date. A copy of the reply of his lordship on the 30th accompanies them.

I have confidential information, but which I cannot use, that leads me to believe that high officers of the navy, attached to the yard at Sheerness, have been privy to this fraud. If the government is faithful to its duty of investigation, this cannot fail to appear. From the tone of the leader in Wednesday’s Times on the subject, a copy of which I transmit, I infer that some action or other against the rebel agents is contemplated.

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

CHARLES FRANCIS ADAMS.

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

[Enclosures.]

1. Mr. Adams to Earl Russell, November 28, 1863.

2. Mr. Morse to Mr. Adams, November 28, 1863.

3. Earl Russell to Mr. Adams, November 30, 1863.

4. Leader from the Times, December 2, 1863.

Mr. Adams to Earl Russell.

Mr. Adams, envoy extraordinary and minister plenipotentiary of the United States, presents his compliments to the Right Hon. Earl Russell, her Majesty’s principal secretary of state for foreign affairs, and it is with great regret that he feels compelled to call his lordship’s attention to another instance of the violation of the neutrality of her Majesty’s territory by the agents of the insurgents of the United States. The substance of the information which Mr. Adams has received will be found in a letter from the Hon. Freeman H. Morse, consul of the United States for this port, a copy of which he has the honor to submit to his lordship’s consideration.

It appears that the vessel which has gone out in an unfinished state from Sheerness is one which has lately been sold from her Majesty’s navy. She is not yet in a condition to go to sea, being neither armed nor manned. Mr. Adams hopes that it is not true that any of the people in her Majesty’s employ [Page 5] have been engaged in the work of fitting her out. He has the strongest reasons for believing that two vessels which have just put into Plymouth, one a steamer called the Harriet Pinckney, the other a sailing vessel called the bark Agrippina, may be charged with the materials for the armament, and possibly with a portion of the crews.

Mr. Adams will probably be able to obtain further and more exact information in a day or two. In the mean while he has thought it best to lose no time in making a representation. Not doubting the disposition of her Majesty’s government to do justice in the premises, as well in the rectification of any abuses that may have been committed by persons in her Majesty’s service, as in the prevention of the ultimate success of this audacious enterprise, Mr. Adams prays Earl Russell to accept the assurances of his highest consideration.

Mr. Morse to Mr. Adams.

Sir: The confederate steamer Rappahannock, reported this morning at Calais, France, was her Majesty’s steamer Victor, recently sold out of the government service. She has until recently been at Sheerness, opposite the government dockyard, and has been prepared for sea, and for active service, so far as she was prepared, when she left suddenly at midnight, by laborers many of whom were employed at the government dockyard at that place. A party of riggers was on board when she left, at work on her. Her rigging was not then ratted down. These riggers were from the government yard, and I am informed that these men were selected and sent off to the Victor by the master rigger at the dock. Also that the masts of her Majesty’s ship Cumberland were used as shears to set the masts of the Victor, then called the Scylla and now the Rappahannock, and that other petty officers at the government yard have been employed to engage men and render other service to this privateer. In fact, that she was being prepared for service with the greatest secrecy and despatch, as a confederate privateer, under the cover and protection which her former ownership, proximity to the yard while being fitted out, and the employment of hands from the yard, threw around her.

She went off in quite an incomplete state, and would not have gone for some days but for the fact that the government here, as is supposed, became suspicious from some cause that materials from the yard had been used in repairing and fitting her, and ordered a search to ascertain the truth of the story. In a few hours after, she left suddenly, near midnight on the morning of Wednesday, the 25th instant, in tow of the tug-boat Bull Dog. She came to anchor near the Tongue light, lay there a short time, and then went to Calais.

The above facts, with many others of equal importance, I expect to make good by sworn affidavits, from responsible men, and will do so as soon as possible.

I do not mean to intimate by anything said above that the British government, or any officer of position connected with it, had any suspicion that they were selling a government war ship into the confederate service, and lending one of their dockyards as a protection to fit her out as a privateer to be used against our commerce. I think they have been deceived by agents of the confederates, and will be ready and anxious to act with more than their usual energy to remedy the evil.

Your obedient servant,

F. H. MORSE, United States Consul.

Hon. C. F. Adams, &c., &c., &c.

[Page 6]

Earl Russell to Mr. Adams.

Sir: I have the honor to acknowledge the receipt of your note, dated the 28th instant, but which was only delivered at the foreign office a few minutes before 4 o’clock on the following day, Sunday, respecting the case of a vessel described in the letter from the United States consul in London, enclosed in your note, as the confederate, steamer Rappahannock, formerly her Majesty’s ship Victor, recently sold out of the government service; and calling attention also to two vessels named the Harriet Pinckney and the Agrippina, which have put into Plymouth, and which you believe may be charged with the materials for the armament of the Rappahannock, and possibly with a portion of the crew.

I have to acquaint you that the attention of the proper department of her Majesty’s government has been directed without loss of time to the statements made by you, and by the United States consul in this matter; and Lord Russell has no doubt that immediate steps will be taken to verify the truth of these statements.

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

RUSSELL.

Charles F. Adams, Esq., &c., &c., &c

[From Wednesday’s Times.]

In the course of the late argument on the foreign enlistment act many hypothetical cases were framed, by way of testing various theories of its construction. It has happened, by a curious and untoward coincidence, that one of these imaginary problems has just received a practical illustration. The case supposed was that of a ship built and equipped for war without any intention of violating the act, and afterwards passing through the hands of neutral purchasers into those of a belligerent government. It was admitted that such a transaction, being purely mercantile in all its essential features, would be perfectly legitimate, though it could hardly be denied that, if repeated too frequently, it might be open to exception, and lead to the very consequences deprecated by the legislature. While the decision on the seizure of the Alexandra are still pending, the combination of circumstances thus suggested has been realized in fact. A screw gun-vessel, called the Victor, of 859 tons burden and 350 horse-power, was sold by direction of the admiralty. She had been constructed, of course, for our own navy, and, besides being pierced for six guns, was, no doubt, adapted in all respects for the purposes of warfare. We are told that certain defects in the engines affecting her rate of steaming were the principal reasons for parting with her. She was bought ostensibly for the China trade, and having been named the Scylla, was allowed to be repaired and fitted with this object under the superintendence of the dockyard officials at Chatham. Certain facts, of which the particulars are not given, came to the knowledge of these authorities, and were reported by them to the admiralty. Orders were eventually despatched to Sheerness directing her to be stopped, but she had quitted the harbor and sailed a few hours before, unfinished, and with a number of workmen on board. She forthwith hoisted the confederate flag, changed her name to the Rappahannock, and soon anchored safely in Calais harbor. There she was detained by the French custom-house; but it appears that express instructions have since been received from headquarters permitting her to leave the port at pleasure.

We must reserve our opinion on the conduct of our own officers at Chatham [Page 7] and Sheerness until the special report of the case, which has already been forwarded to the admiralty, shall have been laid before the public. In the mean time it is much to be lamented that, after their suspicions had once been aroused, it was possible for the vessel to slip through their hands. The Alabama escaped by a similar ruse, executed with the utmost skill and secrecy, but such mishaps ought not to occur twice, and very good reasons will have to be given for the delay which caused the order of embargo to arrive just too late. On the other hand, it would be folly to doubt for a moment that the admiralty acted throughout in perfect good faith. Even if our government had not been engaged, at much risk to their popularity, in maintaining the forfeiture of the Alexandra, the notion of their wilfully manufacturing vessels of war for the confederates would be utterly absurd. No one has ever pretended that proceedings of that kind are consistent with neutrality, or that the liberty of commerce which has been claimed for private ship-builders can be conceded to a state in its public capacity. Some time ago a case in which the Swedish government was concerned came under discussion in our columns. Remonstrances were made at Stockholm by one belligerent against the sale by Sweden to the other belligerent of some old vessels-of-war, and the justice of the objection was admitted. To adopt the contrary principle would be to make the workmen in our dockyards the mercenaries of a foreign power, and the naval resources of Great Britain an instrument of aggression against states in amity with us. For the sake of our own dignity, if better motives were wanting, we could not tolerate this, and we may be sure that it is the very last thing which the government would sanction. The difficulty is to prevent it in an exceptional instance like the present. Suppose the Victor, being unsuited for her original purpose, was sold to a respectable English firm, and transferred by them, at a high profit, to confederate agents. How is it possible for the admiralty to look beyond the first purchaser and to control the ultimate destination of the vessel? As it happened, certain repairs were needed, and the privilege of using the national dockyards was conceded to the new owners. This gave the admiralty a power which they would not otherwise have had, and which they were about to exercise when they found themselves outwitted. Apart from this incident of the business, the trick which has been played could not have been anticipated. There is nothing strange in the proposal to convert a man-of-war into a merchant vessel. We have only to read the evidence as to the equipment of the Alexandra to learn how slight are the differences in structure between the two. Greater solidity, more or less height in the bulwarks, the addition of ringbolts or hammock nettings, the being pierced with bow ports—such are the trifling indications which, interpreted by a sailor’s eye, distinguish the hull of the frigate from that of the “frigate-built” merchantman. Yet it is notorious that some Indiamen possess both hammock nettings and bow ports, and even carry their bowsprits at that peculiar angle which is, perhaps, more characteristic of a “Queen’s ship” than the symptoms we have mentioned. If second-hand men-of-war are not oftener bought up for the merchant service, it is because the admiralty generally find what they consider a profitable use for them so long as their timbers are sound. Moreover, it is only for long voyages and certain kinds of traffic that vessels of such costly materials and workmanship are in request among ship-owners. Aware of this, the parties who negotiated for the Victor took care to specify the China trade as that for which she was intended, and might have taken her across to Calais at once, if they had kindly selected that as their port of departure in the first instance.

While, therefore, we heartily regret this evasion, we regard it as one of those which must and will be practiced from time to time so long as the war last in America and we remain neutral. It is not to be expected that the confederates will see their enemies supplied with arms and munitions of war from this country without trying to compensate themselves in the readiest way. No doubt we can justify ourselves by conclusive arguments for prohibiting the [Page 8] equipment of ships under penalties, though we leave the export of contraband articles in general to be checked by the hostile right of seizure. No doubt we can draw sound as well as subtle distinctions between building a vessel for sale to the highest bidder, selling it ready made, and equipping it to order, with a knowledge of its destination. These are important, if not essential, safeguards of neutrality; but it is too much to hope that they will be scrupulously respected by a belligerent whose coasts are blockaded. The confederates feel, and with some justice, that the impartial application of international law by us is injurious in its actual effect upon them, and increases the inequality of the struggle in which they are engaged. Men in this state of mind do not stick at trifles, and may be pitied, though they cannot be excused, when they combat force with fraud, and sometimes deceive their friends to injure their foes. Nations are not always jealous of their own honor, but they are seldom particular about that of their neighbors. The probability of our becoming involved in a quarrel with the federals about the Alabama or the Victor is not a consideration which would deter a confederate agent from defeating our foreign enlistment act if he could. This is not his affair, but it is ours; and duty requires us to look at it from our own point of view. Let the confederates strain our laws to their own advantage and our inconvenience if they will and can, but the administration of these laws rests with us; and when they happen to break them, they can have no decent pretence for expecting immunity.