No. 728.]
Legation of the United States,
London,
June 23, 1864.
I now transmit copies of the two last notes which have passed on the same
subject.
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Enclosures.]
1. Lord Russell to Mr. Adams, 18th June, 1864.
2. Mr. Adams to Lord Russell, 20th June, 1864.
Earl Russell to Mr. Adams.
Foreign
Office,
June 18,
1864.
Sir: Her Majesty’s government have not
failed to consider with the attention they deserved the
observations contained in your note of the 16th of April, in
which you enclosed copies of certain papers in confirmation of
your position that British subjects captured in blockade runners
may properly be treated by the United States as enemies, but I
feel constrained to observe that in the opinion of her Majesty’s
government there is really nothing in the acts of the Congress
of the so-styled Confederate States, or in the prospectus of the
“Atlantic Trading Company, Limited,” which either calls for or
tends in any degree to explain or justify the orders issued by
the United States government on this subject.
Her Majesty’s government must continue to insist that it is not
competent to the United States government to treat generally as
enemies the subjects of her Majesty captured in the act of
trading with the other belligerent, whatever may be the
regulations of the confederate government under which that trade
is carried on. If the circumstances of any peculiar case should
prove that any of her Majesty’s subjects have been taken while
actively employed in the military service of the belligerent
states, no just cause of complaint would be given if such
subjects were treated as enemies. But the subjects of her
Majesty are entitled by international law to carry on the
operations of commerce equally with both belligerents, subject
to the penalty of the capture of their vessel and to no other
penalty, if they attempt to violate a properly constituted
blockade -or to carry contraband of war to the enemy. This is a
proposition which Great Britain in common with all neutral
states is bound to maintain and uphold, and her Majesty’s
government are decidedly of opinion that the circumstances under
which the trade between the Confederate States and this country
is now carried on are in no respect so exceptional as to entitle
the United States government to depart in their manner of
dealing with it from the ordinary course of procedure.
Her Majesty’s minister at Washington will therefore be instructed
to continue to protest against the course adopted by the United
States government in this matter, and to press for the
revocation of the orders issued by the United States
government.
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,
June 20,
1864.
My Lord: I have had the honor to
receive your note of the 18th instant, in reply to that which I
addressed to you on the 16th of April last, on the position in
which British subjects who consent to navigate vessels destined
to any port occupied by the insurgents in the United States are
placed by the regulations established by those who assume to aot
by authority among them, without assenting to which they cannot
be received.
[Page 184]
Your lordship is pleased to observe that whatever may be the
nature of those regulations, the subjects of her Majesty
captured in the act of trading should not be treated as enemies.
I regret to be compelled to adhere to the position heretofore
assumed, that regulations which require as a preliminary
condition to an act of trade that the vessels to the extent of
one-half of their carrying capacity should be placed under the
control of the so-called government, for conveying the public
property used for the, continued prosecution of the war in which
it is engaged to and fro, necessarily take to that extent the
character of transports engaged in the service of the enemy, and
must be considered accordingly. All British subjects, therefore,
who, as a preliminary to trade, voluntarily enter into a like
compact, cannot be considered in any other light than as
changing their neutral character of traders, and becoming for
the occasion allies and servants to the insurgents in carrying
on the war. As such they appear to forfeit their immunity in
case of capture. It being apparent from this fixed opposition of
sentiment that little can be hoped from further pressing my
views upon your lordships here, I shall content myself with
referring your latest note as well as the subject involved to my
government, by whom I doubt not it will be again respectfully
considered with an earnest desire to decide on it with the most
scrupulous regard to every international obligation.
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.
