Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I
Mr. Adams to Mr. Seward.
Sir: On the 31st of March Lord Russell addressed to me a note covering a newspaper report of the trial of the men alleged to have been enlisted on the steamer Kearsarge, and asking me if I had any explanations to make in regard to the same. Recollecting his lordship’s having said to me, before the adjournment of Parliament for the Easter holidays, that he should, in connexion with the observations of Lord Clanricarde in the House of Lords, like to have such explanations, I drew up a paper on the subject on the 2d instant, which I sent to him at once. He appears to have had recourse to it in the debate that took place on Tuesday, the 5th. Copies of all the papers are herewith transmitted. It is intimated by Lord Russell in his speech that the correspondence is not closed.
In the midst of these questions Captain Winslow thought proper to send notice to Mr. Morse, the consul here, that he desired to come up to London to make some repairs. Mr. Morse had barely time to apprise me of this intention, before learning that he was actully here and in the Victoria docks. Under these circumstances I wrote as soon as possible a note to Lord Russell, frankly stating the facts, and asking the requisite permission. It certainly was not an opportune piece of information to him. The consequence was, a reply not over-gracious, complaining of Captain Winslow’s conduct in other respects, and omitting all notice of the permission asked for. I immediately made a rejoinder, and considering his note as equivalent to a refusal, I notified him that I should direct Captain Winslow to leave forthwith. Copies of all the papers are transmitted.
I learn, this morning, that the Kearsarge left yesterday, having completed all necessary repairs, before the reception by the captain of my notice.
* * * * * * * * *
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Enclosures.]
1. Lord Russell to Mr. Adams, March 31, 1864.
2. Mr. Adams to Lord Russell, April 2, 1864.
3. The Times, (debate in Lords,) April 6, 1864.
4. Mr. Adams to Lord Russell, March 31, 1864.
5. Lord Russell to Mr. Adams, April 4, 1864.
6. Mr. Adams to Lord Russell, April 6, 1864.
7. Mr. Adams to Captain Winslow, April 6, 1864.
[Page 574][London Times, April 6, 1864.]
THE KEARSARGE—BREACH OF THE ENLISTMENT ACT.
The Earl of Donoughmore said that certain persons at the last assizes for the county of Cork had pleaded guilty to an indictment charging them with having violated the foreign enlistment act. Their offence was having enlisted certain subjects of her Majesty to serve on board the United States ship-of-war Kearsarge. The captain of that vessel stated that the men came on board without his knowledge, and that when he went to Brest he put them on shore, but that, as they were then without the means of subsistence, he conveyed them back to Cork. When the subject was last alluded to, the noble earl (Russell) made what certainly appeared to be a very extraordinary statement, for he said he could not see what else the captain could have done. It appeared, however, from the evidence that had been taken, that the men were actually put into the uniform of the United States navy by the order of the officers of the ship. He wished to know whether the noble earl had required any explanation from the American minister with regard to this circumstance.
Earl Russell said that at an early period of the discussion of this matter he had complained to the United States minister of the conduct of the officers on board the Kearsarge. After what had passed in that house and in a court of justice in Ireland, he had again called the attention of the United States minister to the subject, and had asked him to refer to the newspapers and to the opinion given by Mr. Justice Keogh. The United States minister informed him that in the month of November last he had received instructions from his government that if the consul had been at all instrumental in violating the foreign enlistment act he should be at once dismissed, and that, with regard to the officer in command of the ship, if the minister found that he was to blame, he was to be reported to the government, in order that the proper notice might be taken. Mr. Adams did not act upon those instructions, because he did not consider that there was any blame due either to the consul or the officer in command of the ship in enlisting these persons into the service of the United States. The correspondence was not yet concluded, but when further explanations had been given the despatches would be laid on the table.
The Earl of Derby said it appeared Mr. Adams did not deny the essential facts of the case, viz: that these men were examined by the surgeon and attested, that their names were borne on the books of the ship, and that they were clothed in the uniform of the United States. It was impossible, therefore, that the officers of the ship should not be cognizant of the men being on board.
The Marquis of Clanricarde said he believed the Kearsarge was now repairing at one of our ports. If so, why should not the officers at once come to London and make such a statement of the real facts as the American minister would be prepared to vouch for? It was rather too much to extend to them the hospitality of this country in the face of such statements as were made on the trial at Cork. Either these gentlemen had stated the truth or not. If they had told the truth, let them come forward and verify the facts. No one who knew Mr. Adams would dispute whatever he was prepared to vouch for from his own personal knowledge.
The subject then dropped,
Earl Russell to Mr. Adams.
Sir: I have the honor to bring to your notice an account, taken from a newspaper, of what passed at the trial before Mr. Justice Keogh, of the British subjects [Page 575] indicted for having taken service in the United States ship Kearsarge, at Queenstown, in violation of the provisions of the foreign enlistment act; and, with reference to the correspondence which has passed between us, I have the honor to request that you will inform me whether you have any explanations to offer on the subject.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Adams to Earl Russell.
My Lord: I have had the honor to receive your note of the 31st of March, bringing to my notice an account, taken from a newspaper, of what passed at a trial before Mr. Justice Keogh, of the British subjects indicted for taking service in the United States ship Kearsarge, at Queenstown, and further requesting me to inform you whether I have any explanation to offer on the subject.
I am very happy to seize the opportunity thus offered to me to state the facts connected with that case, so far as they have been submitted to my examination. And first, it gives me great satisfaction to apprise your lordship that so long ago as the 26th of December last my government, on the receipt of the first intelligence of your note to me of the 30th of November, addressed to me instructions immediately to investigate the charge against both of the officers referred to in that note, and if I found it sustained against the consul, Mr. Eastman, to dismiss him at once without waiting further directions. And with respect to the commander of the Kearsarge, in case he was found to have been guilty, I was directed to apprise your lordship that he would be promptly relieved of his command, and other satisfactory amends would be offered to her Majesty’s government.
I trust that this statement will serve to convince your lordship that, so far as my government is concerned, it has no disposition to tolerate any act of its officers which shall be shown to have been done in contravention of the laws of this kingdom.
The reason why I have not acted under these instructions has been that I have thus far seen no evidence to justify me in doubting the statement of the consul, Mr. Eastman, made to me, that he had no part whatever in the matter. The first intelligence he appears to have had of the men being actually on board the vessel was by a letter from Captain Winslow, reference to which is made in the letter of Rear-Admiral Jones, of the 7th of December. The only testimony affecting him is that of Patrick Kennedy, merely to the effect that he saw him on board the Kearsarge in conversation with some of the officers. Mr. Eastman had early informed me that he did go on board to see the captain; that he found he had gone ashore; that he did not go below, but stood conversing with the first lieutenant a little while on a subject having no relation to enlistments, and that he soon returned to land.
I trust that your lordship will agree with me in the opinion that the mere fact of being on board the Kearsarge would not justify me in suspecting the consul of being privy to an unlawful act, in the face of his positive denial to the contrary.
With regard to his denial of the charge against Captain Winslow, it is obvious that he could have made it only upon such information as he then possessed, and his own personal belief at the time that it was correct. Even were it admitted that he had been mistaken in this averment, it does not at all follow that his affirmation respecting himself is in any way impeached.
[Page 576]Having thus no evidence whatever in my hands, coming either from the persons alleged to have been enlisted, or from any other source, to prove Mr. Eastman’s knowledge or participation in the acts charged, no case seemed to exist to justify me in pursuing any investigation. At the same time I feel it my duty to add that I have been directed to communicate to your lordship the desire of my government that I may be furnished with any such additional proofs as may be in your possession and may be deemed to be material, should it still be the wish of her Majesty’s government that the matter should be further pursued.
In regard to the action of the officers of the Kearsarge, who appear to be generally involved, by the language of Mr. Justice Keogh, in the suspicion of being parties to a violation of the enlistment act, the facts, so far as I have been able to ascertain them, are these:
It appears that one James Haley, a native of Ireland, but now in the service of the United States as a petty officer on board the Kearsarge, on or about the 2d of November went ashore to visit his relatives at Ringaskiddy. While at this place there is reason to believe that he suggested to several men whom he met the probability that they might get employment on board the steamer. There is no evidence that he himself promised them any, nor that he had any authority whatever to do so if he did. In point of fact, he could have had none. To the extent thus defined, it would seem as if he might have made himself liable as having violated the spirit if not the letter of her Majesty’s laws.
The announcement thus made and soon spread abroad produced an immediate effect among the population in the vicinity, the consequence of which was that a number of men, variously estimated at from one hundred and fifty to three hundred, went out to the ship eagerly seeking to be employed. A few of these, being the immediate townsmen of James Haley aforesaid, appear to have been presented to officer Thornton as applicants for enlistment, who, in the absence of the commander, and of any definite instructions, gave them reason to suppose that they might be engaged. They were therefore subjected to the usual ex amination, subject to the approbation of the captain on his return. To the extent here specified officer Thornton appears to have made himself liable as having violated the spirit if not the letter of her Majesty’s law. It is proper in his case to add that he avers he was not aware, at the time, of the provisions of that law.
On the return of the captain to his vessel he was consulted in regard to what had been done, and immediately gave orders not only to forbid the enlistments. but to clear the ship of all the men who had come; and further, to forbid the numerous boats that were crowding around it from coming alongside. The orders were executed not without considerable difficulty, from the desire of the men to stay, and the vessel sailed.
On the next day, however, it was discovered that several men, principally the neighbors and townsmen of James Haley, of Ringaskiddy, had succeeded in escaping detection and were still on board. That these people had been concealed with the connivance of some person or persons belonging to the crew of the Kearsarge, and in the hope of ultimately retaining them, there can be little doubt. But there is no reason to suppose that the commander had any knowledge of or share in it. On learning the fact, his first decision was to put them ashore at Brest, the port to which he was going. This was actually done. But on a reconsideration of the destitute condition in which they would be left, and of the probability that they might be driven to have recourse to enlistment in the vessel formerly known to your lordship as the Oreto, and now the Florida, which has been notoriously fitted out from a British port, and filled with British subjects, for months past carrying on war against the United States, he determined to take them on board once more and to return to Queenstown for the purpose of restoring them in safety to their own homes. This was accordingly carried out.
The conclusion to which I arrived from an examination of the facts as they [Page 577] have been recited is, that no evidence is brought forward to show that Captain Winslow ever gave any authority to enlist one of these people in Queenstown or elsewhere. On the contrary, he forbid any such proceeding so soon as he knew it was contemplated; and when he found that his orders had been evaded he took the only method in his power to repair the wrong by promptly restoring the individuals concerned to the condition from which they had been taken.
I am not, however, disposed to doubt that among some of those constituting the crew of the Kearsarge there may have been a desire to keep these men, with a hope that they might ultimately be suffered to retain their places on board. But I have no reason to suppose that this motive operated upon a single one of the principal officers of the ship.
Presuming that it was not the purpose to pursue these investigations further than was necessary fully to sustain the majesty of the British law, I have rested quiet in the conviction that the clearly proved absence of all intention on the part of my government, or of any of its responsible agents, to commit an offence in the present instance, had most conclusively effected that object. If, however, it should turn out that additional measures would be agreeable to her Majesty’s government, I shall be happy to be informed of the fact by your lordship, as well as to receive any and all further proofs that may be in its possession, in order to enable me to arrive at a more complete and satisfactory result.
In the mean time I am instructed to inform your lordship that my government, in this as in any other case that may occur, will not fail to vindicate its respect for the laws of Great Britain and for the law of nations.
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,
Right Hon. Earl Russell, &c., &c., &c.
Mr. Adams to Earl Russell.
My Lord: I learn from the consul of the United States at this place that application has been made to him by the commander of the United States steamer Kearsarge to obtain an entry into the Victoria docks for the purpose of effecting some necessary repairs to the boilers of the vessel. As the steamer is reported to have actually arrived shortly after the notice, I lose no time in soliciting of her Majesty’s government permission for her to remain here for the period that may be necessary to complete the repairs.
I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, &c., &c.,
Right Hon. Earl Russell, &c., &c., &c.
Earl Russell to Mr. Adams. —(Received April 5.)
Sir: I have the honor to acknowledge the receipt of your letter of the 31st of March requesting permission for the United States ship Kearsarge to remain in the Victoria dock for the purpose of effecting some repairs to her boilers.
Anxious as her Majesty’s government are to extend hospitality to vessels-of-war [Page 578] of the United States, her Majesty’s government cannot but be aware that the Kearsarge has now for a considerable period been cruising in the immediate neighborhood of her Majesty’s coasts under circumstances which render it impossible to doubt that that vessel has been using the British channel as a station or place of resort for warlike purposes, and her Majesty’s government have been informed that the Kearsarge came up the river and went into the Victoria docks before your application was made. Considering the orders issued by her Majesty for the preservation of a strict neutrality in the contest in North America, her Majesty’s government feel themselves entitled to complain that, before asking for permission, the Kearsarge has proceeded to refit in the Victoria dock.
I have the honor to be, with the highest consideration, sir, your most obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Adams to Earl Russell.
My Lord: I have the honor to acknowledge the receipt of your note of the 4th instant, in reply to mine of the 31st of March, requesting permission for the United States steamer Kearsarge to remain in the Victoria dock for the purpose of effecting some repairs.
I cannot deny the precipitate action of Captain Winslow in coming up to London before permission had been obtained for him. I shall forthwith notify him of your lordship’s remonstrance, and shall direct him to depart at once without waiting to complete his repairs.
If Captain. Winslow has been engaged for a considerable period in cruising in the immediate neighborhood of her Majesty’s coasts, or using the British chan nel as a station or place of resort for warlike purposes, as your lordship is pleased to intimate, I would respectfully call your attention to the fact that the duty has been in a measure imposed on him by the circumstance that a war vessel belonging to her Majesty’s government has been suffered to pass into the hands of the enemies of the United States, to escape from this coast with the privity and connivance of some of the officers of her Majesty’s dock-yard, and take refuge in a port on the other side of the channel, where efforts are certainly making, with the and of supplies and men furnished from this side, to fit her to carry on hostilities against the people of the United States. Surely, under such circumstances, if my government, instead of depending on her Majesty’s authority to take active measures to intercept that vessel, whick would be scarcely an unreasonable expectation, has endeavored to accomplish that task with its own forces, I trust it might at least be permitted to hope that no reasonable facilities would be denied to the accomplishment of its purpose, especially when the denial would practically secure the safe accomplishment of the nefarious enter prise.
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.
Right Hon. Earl Russell, &c., &c., &c.
Mr. Adams to Captain Window.
Sir: I regret to be compelled to inform you that her Majesty’s government, in reply to my application for permission to the Kearsarge to remain here for the completion of some repairs, has taken exception to the sudden manner in which the vessel has been brought here and put into dock, before notice given or any discretion exercised about allowing time for an answer. I am obliged to admit that there has been an omission of courtesy in this respect which is embarrassing.
There has been also some disposition to object to your use of the harbors on this side as a base of hostilities, which I desire to mention for the sake of putting you on your guard against giving causes of offence.
As I do not understand his lordship as giving the permission asked for, I regret to be constrained to request you to proceed to sea without delay, whether the repairs be completed or not.
I have the honor to be, sir, your obedient servant,
Captain John A. Winslow, U. S. N., U. S. S. Kearsarge, London.