1. Lord Russell to Mr. Adams, April 11, 1864.
2. Mr. Adams to Lord Russell, April 16, 1864.
Lord Russell to Mr. Adams.
Foreign
Office,
April 11,
1864.
Sir: I should not have thought it
necessary to prolong the correspondence which has passed between
us in regard to the treatment of British subjects found on board
the vessels captured in attempting to run the blockade, had it
not been for the passage in your note of the 15th ultimo in
which you say, “For whereas in common cases it is the duty of
the captor to presume the parties to be neutrals, by the new
element now introduced it becomes his duty to presume them to be
guilty until they can show the contrary.”
I feel it incumbent upon me to say, that if the meaning of this
passage be that captured British vessels or their cargoes are
generally to be treated, henceforth, on a different footing from
that on which, by international law, all neutrals are
placed—that is, if they are to be all presumed, in the first
instance, to be engaged in the enemy’s service, and to have
thrown on them the burden of proving the contrary, her Majesty’s
government could only regard such conduct as a violation of
international law, to which they could not in any way consent.
Her Majesty’s government must therefore protest against the
adoption of such a course.
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.
Legation of the United
States, London,
April 16,
1864.
My Lord: I have the honor to
acknowledge the reception of your note of the 11th instant,
taking exception to a passage in mine of the 15th ultimo.
I have carefully re-examined the circumstances connected with the
proposition objected to, with the care which is customary with
me when I find myself so unfortunate as to differ with your
lordship, but I regret to confess my inability to at any varied
conclusion.
In further confirmation of the position taken, I now have the
honor to transmit
[Page 635]
to
you copies of certain papers which have lately come into my
possession. These consist of a printed paper purporting to be an
act passed by the insurgent authorities at Richmond, “to provide
for the public defence,” and another called “official
regulations to carry into effect the aforesaid act.” Inasmuch as
these are found in a newspaper printed in London, and avowed to
be in the interest of the insurgents, and entitled “confederate
official documents,” I presume there can be no question of their
genuineness.
I pray your lordship’s particular attention to the express
condition exacted from all vessels engaged in trade with the
insurgent ports, that one-half of the tonnage of each vessel may
be employed by the so-called government for its own use both on
the outward and homeward voyage.
In other words, the rebel authority insists upon the right to
convey, on its own account, under the shelter of a neutral flag,
the means to retain its resistance to the United States, to the
extent of at least one-half of the capacity of every vessel
employed in the trade. This is a fact brought home to the
knowledge of every person engaged in it, by the necessity of
giving bonds for the faithful execution of the condition.
Concurrently with this, I ask your lordship’s attention to
another paper, being an exact copy of a private and confidential
circular which has been lately issued by parties well known in
London. The object of this scheme is obviously concerted action
to carry into full effect the purposes contemplated in the
regulations aforesaid, to wit: to furnish facilities from this
kingdom to the rebel authorities for transporting, on their own
account, under the flag of Great Britain, supplies to enable
them to continue the war, on the one side, and the commodities
with which to pay for them, on the other.
I cannot avoid the conclusion that this proceeding, taken in all
its parts, must be regarded by my government as placing British
subjects and British ships engaged in this trade in the category
of allies and servants of the insurgents; and inasmuch as no
persons appear to be permitted to be engaged in it but those who
comply with the conditions, it necessarily follows that all must
be considered as enemies, and liable to be treated
accordingly.
It is proper, however, for me here to observe, that I have made
the present representations on the strength of general
instructions heretofore given to me by my government. Time
enough has not elapsed for it to receive information of the
extraordinary facts developed by the appearance of these papers.
I have felt it my imperative duty to lose no time in submitting
this remonstrance to your lordship, while I transmit a copy for
the approbation of my government.
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.