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CONTAINING THE CASE OF THE UNITRD STATES ; THE CASE OF GREAT BRITAIN ; THE COUNTER CASE OP THE UNITED STATES; AND A PORTION OF THE ADDITIONAL DOCUMENTS, COR- RESPONDENCE, AND EVIDENCE WUICg -i^^^^^^^— ^^^=n-:^ ACCOMPANIED THE SAME. , ^.^ "' '"'TX ^^'"'^''c^'^:^ U^-S 'o.^^- 1 . v~_ c \'i^ WASHINGTON: iloVKRNMENT P R 1 JN T I N G OFFIOK 1872. TABLE OF CONTENTS. Pnge. Case of tb(! United Statos laid before the Tribunal of Arbitration at Geneva 1 I. Introdiietion to 9 II. Unfriendly course pursued by Great Britain towanl the United States from the outbreak to the close *)f the Insurrection 19 III. The duties which (ireat Britain as a neutral should have observed toward the United States 47 IV. Wherein Great Britain failed to perform its duties as a neutral 80 V. 'Wherein Great Britain failed to perform its duties as Ji neutral. The In- snrfjent cruisers 125 VI. The Tribunal should award a .sum in gross to the United States 185 Case presented on the part of the Government of Her Britannic Majesty to the TribuTial 205 I. Statenu'iit of the matter referred to the Arbitrators as it is understood by the Government of Her Britannic Majesty 207 II. Statement of ev(;nts which attended and followed the commencement of the civil war, and of the course iiursued in relation to it by Great Brit- ain and other Maritime Powers 211 III. Statement on International Rights and Duties; on the powers which were ]>ossessed by Her Britannic Majesty's Government of preventing unl.awful equipments, and the manner and circumstances in and under which these powers were exercised during the war 236 IV. Considerations proper to be ke)>t in view by the Arbitrators in'reference to the cases of the Florida, Alabama, Georgia, and .Shenandoah 272 V. Statement relative to the Florida 274 VI. Statement relative to the Alabama 308 VII. Statement relative to the Georgia 356 VIII. Statement relat i ve to the Shenan«loah 374 IX. Recai)itulation of fiicts previously stated 4t'7 X. Remarks in conclusion 411 Counter Case of the United States presented to the Tribunal 415 Additional documents, correspondence, and evidence accompanying Counter Case of the United States 443 Correspondence relative to tlu^ monitors Cataw ba and Oneota at New Orleans 714 Correspondence relative to the Florida at riiiladelphia 725 Correspondence relative to the Spanish gun-boats at New Yoik 732 Cuban corref .londence, 18(i6-lH71 759 Correspondence relative to the Hornet 827 THE CASE m THE UNITED STAT:I^S I/Ain TJEFOIJE THE TRIBUNAL 9F ^ARBITRATION, CONVENED AT GENEVA, UNDER THE PROVISIONS OF THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND HER MAJESTY THE QUEEN OF GREAT BRITAIN, CONCLUDED AT WASHINGTON, MAY 8, 1871. II TABLE OF CONTENTS. I. iNxnoDucriON'. i'"H"¥i Pi I eJltion. t'u Mcotiiifj of the Joint Iliyh Coinniission at W.isliiiijjtoii Protocol of tlic coiiitTt'iiccs ii8 to tho Aliilmma claims... The Treaty of Washin{;ton Wliat the Uiiitctl States will attempt to estaMisli Evideuci) ami tlocximeuts, and liow refoiTed to Puyr. [) 10 17 lit) 30 J'irif. It 17 II. Tin: LXKRIKN-DLY COUHSK PUR.SUKD 1«Y CiUKAT I'.ltn.VIX TOWAIM) TIIK I'XITKD STATK.S lliOM THE OUTIJKKAK TO Till: Cl.O.si; Ol' TIIK INSlIillKC- TIOX. Relations of the United States with Great liritain prior to 18fi0 Friendly relations of tlio two Governments in 1800 The United States in ItiliO Election of Mr. Lincoln Secession of South Carolina Secession of Alabama Secession of Georgia and other States Opposition to the territorial limitation of slavery tho a ise of soces- sion A i)arty in the South opposed to secession InanjTuration of Mr. Lincoln The British government informed of his purposes Lord John Kussell promises to await Mr. Adams's arrival before acting. The surrender of Fort Sumter The insurgents to issue letters of marque Proclamation giving notice of blockade Objects of that proclamation The joint action of Franco invited by Great Britain When the I'resideut's proclamation was received in Great Britain Opinion of law oCQccrs taken on an imperfect coi)y Her Majesty's government decide on the first of May to recognize! a state of war Lord John En.ssell and tho insurgent commissioners discuss tlu.' re(!og- uition of southern independence Communication with the French government Answers of the French government When the President's proclamation was received by Great Britain.. . Etlect of recognition of a state of war The Queen's proclamation Uncertainty of Her Majesty's government Elfeet of the Queen's 'proclamation Mr. Ihight's views.. The sovereign right to issue such a iiroclamation not denied It was an uufriendlv act ni :v.i 'M 30 36 30 37 37 39 42 42 43 44 44 45 45 45 47 49 51 rr2 53 54 55 57 57 53 02 03 03 19 20 20 21 21 21 21 21 22 23 23 23 24 24 24 24 24 25 26 50 26 26 27 27 27 23 23 28 29 30 31 31 CONTENTS. 0»HTn Pr nl f.lil.ci,,. .•1,1.. .11. II. Tin: rxiitii;Ni'i.Y cuiitsi: iTW.sirn iiv fliiK.vr JJimt.un towakk riir, I'.MiKi) SiATi's I Ko.M riii: ui TiiKr.AK TO iTii; (jLo.si; «)i.' Tin; inm i;i;i:c- TlUN — (>()lltilUH»l. Anil i.Hsiicd witli ill) iiiifiiciKlly iniriMiso HI :!l M. ll(»liii-,l.iii|tiiiii,viiH on tlir (iui't'ii'.s procliiuuitiou (M ;!l Uiiriiiiiidly cumliicl of Ureal IJiituiii as to tlio (locliU'iitioiis ol' tli<> coii- ^jri'ss (if I'm lis OJ* >M Till- iii.slnnlioii.s lo Jjord Lyons nii;;lit luivo bouii rt'^^ardi'il a.s ii laiiso of war 08 'S.\ roriniT negotiations rej^aidini^ tlio declarations ol" tlio t'on^ress of I'aris Cll ?,.\ Lord Lyoii.s'.s intervi<(\v with Mr. Seward 7vi !5I 1'erniinatiou ot' ne;;ol,iatioM.s Willi tiio United Slater 7if IIj Great llritain desired to legalize privateering 71 :'>•'> Kejfotiations iit liieliinoiid 71 Ii.") jMr. Adanis'.s eonnnents 16 M C'ontia.st hetweiMi eouduet of Great Britain toward tlio Uniti.'d States in tJie Trent aflair, and toward violators of liritisli t'ontrulity in tlio insurgent interest t^2 "8 M. Jiolin-.Iaetineniyns on British nentrality JrG 40 I'roof of I lie nnfriendly feuliny of members of tho IJritisU cabinet and I'arlianieiit 87 40 Conclusions lUO 45 IIL Tin: I)i;tii;s which Gkkat BuiTAix, a.s a xeuti'.ai,, siiouli> iiavu oiJ.SEUVi:i» TowAiii) the Unitei> SrvTics. Tin; Qneon's proclamation a rccoyuition of obligations under the law of nations 10,") 47 Great Dritain has rccoj^nizcu its obligations in various ways 105 47 The obligations recognized by the foreign enlistment act of 1810 105 47 Municipal laws designed to aid a government in tho performance of international duties 100 47 Ilist(U'y of the foreign enlistment act of 1819 100 47 Great Ibitain bound to perforin the duties recognized by that act.... 108 48 The duties recognized by that aet 100 48 Koyal commission to revise tho foreign enlistment act of 1.810 ll'.! 50 Report (if that commission 114 51 The, foreign enlistment act ol 1870 110 51 Its judicial construction 117 52 International law is .i part of the coinnion law of England lid Wi Dllti(^s recognized by tho Queen's proclamation of neutrality Vl'i 51} Delinition of neutrality l'J3 54 Duties recognized by instructions to British officials during the insur- rection . 1"25 55 Correspondence between the two governments in 179;5-'94 1'20 55 Treaty of November 19, 1794 i:U 57 Construction of that treaty by the commissiouers appointed under it. 13ii 57 The neutrality laws of the United States enacted at tho recpiest of Great Britain l'o-^> 5c Case of the bark Maury 134 53 Principles thus recognized by the two governments 135 58 Obligation to make compensa tion for injuries 130 59 IV. CONTENTS. /'iy«. ;u :jti -10 40 45 47 47 47 47 47 4S 48 50 51 51 5-^ 53 5:? 54 55 57 57 in. Tin; DT'TiKs wiiicir fiui-AT TIkitaix, as a NKnnAL, snot;LD iiavk uii.MJtVKO loWAiM) Tin; rMii;i> Sr\ri>— CoMliiiiicil. CoiTfspoiHli'iu'r Itctwrcii tile riiitcil Stales iiiiil I'lirtii^iil rriiicijilcs rrc(i;;niz(Ml in tliut (•(•iri'spondciicc IJiili's ill I lie treaty of Wasliin^^fKii Wiiat is due (liii;;euco Fitting lint, aniiinjj, or eqiiiiiiiiii);, path an ofleiise Tlie second eiaiise of Ww lirst rule Roasons tor a (•liaiij;e ;;iii/,ed liy I'ranee The Hecond rule of tlit,' treaty Tile tliiid iiile of tilt) treaty Duty to make eoiniiensntion for injuries The forejioiii"^ views in liariiiony with the opinions of Knroi>ean imh- lieists Ilantef.Miille Uliintsdili Roliii-Ja(((ueniyns Ortolan I'ierantoni Lord Wesll , ly The case ot the Swedish vessels rMrendiny vessels not siinidy contraliand of war Opinion of Ortolan Oi>iiiii)n of Ilefl'ter Case of the Santisinia Triiiiihid Controlled by the cpse of the Gran Para Elfeet of a eoimnission of the olVender as a vessel of war Oiiinion of Sir Ivoundell rainier Ojiinion of Chief Justice Marshall Deeision of tin; Snpreino Court of the United States The priueiple reco;j;iiized by France, Great Britain, Spain, Portuj^al, and the United States Deposit of the otfeiiso Eesnino of principles IV. Win;]!i;ix Gukat Bkitaix tailkd to ri:i!ioi;M it.s dutiivS a,s a KKlTltAL. Admissions of British cabinet mlnistors British ports the base of insurgent operations; a partial hospitality shown to the insurgents; a branch of their government estal)lislied in Liverpool; their government vessels oflicially aided in evading the blockade, and in furnishing them with anus, nuinitions, and means for carrying on the struggle The firm of Fraser, Trenholni & Co Character of the blockaded coast Geographical situation of Nassau and Bermuda What was done at Nassau The United States denied permission to deposit coal at Nassau Complaints to Earl Russell and his rejdy Instructions as to hospitalities to the belligerents ''Il#.Vi» 1 r..4*'nl '. Von, r ^IiIimO. Pane i'U(/i. i;i7 59 14(5 ti:j UH )).< 150 04 159 (W 151) (W 150 (W m\ 09 ir.n (i9 Kit) TO Kit; TO Kia Tl IGO Tl ir.o T2 170 T2 171 T2 170 T4 1-1 TO 184 77 185 77 18G 78 193 80 195 81 19G 81 197 Pf* 201 fi:i 203 84 204 84 204 85 200 85 209 80 209 80 210 87 215 89 218 90 219 91 222 92 22:5 92 225 93 229 94 232 95 233 90 CONTENTS. Geneva Pn'f'ent editiun. eAtion, IV. WiiKHKiN Orkat Britain' failed to perform its duties as a NKtTitAi, — Continued. i Lord r!ilnier.stoii'H threats 231 96 Contraband of war fraiidnltMitly cleared at Nassau for British ports.. 23G 1)7 Resnnit5 for the year lrt(W 5>:J7 97 Base changed to Bermuda 239 98 What Avas done at Li vcrpool by Bullock 240 99 The Florida 241 99 The Alabama 243 99 The Sumter at G ibraltar 245 100 The Florida at Nassau 245 100 Contracts for eonstruetiii}; six iron-clads 240 101 The .Sumter at Trinidad 247 101 The Florida at Nassau . . . : 247 101 Mr. Adams represents the foregoing facts to Earl Russell 248 101 Earl Russell declines to act 249 102 Inetiici(-ney of t he foreign enlistuu'ut act 250 102 ProiK)sitions to amend the foreign enlistment act 251 103 Propositions declitied by (Jreat Britain 251 103 Proposition renewed and d(!clined 253 103 These proceedings were an aljandonment, in advance, of "due dili- gence" 25G 104 Th(! Georgia 250 105 ThcAlexandra 257 105 The rulings in the Alexandra case emasculated the foreign enlistment act 259 100 Laird's iron-clad rams 200 100 Their detention not au abandonment of the lax construction of t}i(i duties of a neutral 204 108 The contracts with Arman for the construction of vessels in France.. 200 108 Conduct of the French Government 207 109 Contrast between the conduct of France and of Great Brita in 209 109 The Tuscaloosa at the Cape of Good Hope 270 110 She is released against the advice of Sir BaMwin Walker 272 110 The course of tlu; governor is disapi)roved 272 111 The Tuscaloosa comes again iuTo the v>aters of the C(d()ny 273 111 The governcu" reverses his policy and seizes the vessel 273 111 His course is again disapproved 274 111 Blockade-running 274 111 Cotton shipments 275 112 The insurgent g()v<'rnment interested in blockade-running 278 113 These facts lironght to Earl Russell's notice 282 114 He sees no otfense in them 282 114 Earl Russell's attention again called to these facts 284 115 Ho again sees no oil'ense in them 285 115 Bh)ckade-ruiming in i)artnersliip with the insurgent government 280 110 Continued partiality 288 117 The Rappahannock 201 118 The Shenandoah 293 118 Mr. Mountagne Bernard's list of vessels detained by Great Britain. .. 290 120 The charges in Mr. Fish's instructions of September 25, 1809, are sus- tained by this evidence 300 121 CONTENTS. 96 1)7 97 98 99 99 99 100 100 101 101 101 101 102 10-2 io:{ 10:? io;$ l-?4 105 105 108 108 109 109 110 110 111 111 111 111 111 112 113 114 114 115 115 llfi 117 118 118 120 ♦'liitiDii. eil.tit.lL v. WuEHKix Great Britaix failed to i>ei:form it.s duties as a neutral. "^^ "*"' The Ixsurgext Cruisers. Earl KussoU denounces the acts of wbicli the United States complain as unwarranted and totally unju.stiliable 309 125 British territory the base of the naval operations of the insurgents. . . :?10 125 Their arsenal ;{10 l-^5 The systematic operations of the insurgents a violation of the duties of a neutral 311 lOQ Continuing jjartiality for the insurgents 313 12(5 Eecapitulation of hostile acts tolerated in British Possessions 314 127 These facts throw suspicion upou the acts of British officials toward the insurgent cruisers ;51() 128 They show an abnegation of all diligence to prevent the acts com- plained of 317 128 They throw upon Great Britain the bnrden of proof to show that the acts complained of could not have been prevented 318 128 List of the insurgent cruisers 320 129 The Sumter 320 129 The Na.shville 328 132 The Florida and her tenders, the Clarence, the Tacony, and the Archer. 332 133 The Alabama and her tender, the Tuscaloosa 3G4 146 The Eetribntion 3tii!ii,<- ^fiMi-rs .u \\';i>liil)8- l«.ri. rrntr)C()l of the (•"iil'Tfin'v* :i« In the INTRODLTCTION. In the sprinj? of tho present year (1S71) five Commissioners on the part of Great liritain and five Commissioners on tlie part of the United States of America met at Washington in a bod}', which, when organized, was known as the Joint Iligli Commission, in order to discuss, and, if possible, to arrange for, the adjustment of several causes of Mr. Fish to Sir Eclwunl Tliorutou, Jamiary 30, 1871, Vol. VI, pase IG. 10 INTRODUCTION. of dollars, without interest, which amoniit was liable to be greatly increased by claims whieli had not been presented; that the cost to which the Government had been i)nt in the i)ursuit of cruisei's coald easily be ascertained by certilicates of Government accojinting oflicers; that, in the hope of an amicable settlement, no estimate was made of the indirect losses, without prejudice, however, to the rif»ht to indem- nification on their account in the event of no such settlement being made. "The Americfin Commissioners further stated that they hoped that the Ijritisli Commissioners would be able to place u])on record an ex- pression of regret by Her ]Mnjesty's Goverinnent for the depredations conunitted by the vessels whose acts were now under discussion. They also i>roposed that the Joint High Commission shouhl sigree upon a sum which should be paid by Great Britain to the United States, in satislaction of all the claims and the interest thereon. * " The British Commissioners replied that Her Majesty's Gov- [12] ernment could not admit that Great Britain had failed to discharge toward the United States the duties imposed on her by the rules of Inter- national Law, or that she was justly liable to make good to the United States the losses occasioned by the acts of the cruisers to which the American Commissioners had referred. Tliey reminded the American Connnissioners that several vessels, sus])ected of being designed to cruise against tlie United States, including two ironclads, had been arrested or detained by the Britisli Government, and that that Govern- ment had, in some instances, not conlined itself to the discharge of in- ternational obligations, however widely construed, as, for instance, when it ac(piired, at a great cost to the country, the control of the An- glo-Chinese Flotilla, which, it was api>rehended, might be used against the United States. " They added that, although Great Bi 'tain had, from the beginning, disavowed any resjjonsibility for the acts of the Alabama and the other vessels, she had already shown her willingness, for the sake of the maintenance of friendly relations with the United States, to adopt the principle of arbitration, provided that a titting Arbitrator could be found, and that an agreement could be come to as to the points to which arbitration should apply. *They would, tlier-'fore, ab- [13] stain from rei)lying in detail to the statement of the ^vinerican Comnnssioners, in the hope that the necessity for entering upon a lengthened controversy might be obviated by the adoption of so fair a mode of si'ttlement as that which they were instructed to propose ; and they had now to repeat, on behalf of their Government, the oU'er of ar- bitration. " The American Commissioners expressed their regret at this decis- ion of the British Commissioners, and said further that they coidd not consent to submit the (juestion of the liability of ]b»r Majesty's Gov'- ernment to arbitration unless the princii)les which shouhl govern the Arbitrator in the consideration of the facts could be first agreed upon. "The British Commissioners replied that they had no authority to agree to a submission of these claims to an Arbitrator with instructions as to the principles which should govern him in the consideration of them. They said that they should be willing to consider what princi- l)les should be adopted for observance in future; but that they were of opinion that the best mode of conducting an arbitration was to submit the facts to the Arbitrator, and leave Idni free to decide upon them alter hearing s-ch arguments as might be necessary. " The American Commissioners replied that they *were willing [14] INTRODUCTION. 11 to cousidor what principles should be laid down for observance in similar cases in future, with the understanding that any princii)les that should be agreed upon sliould be held to be applicable to the facts in respect to the Alabama Claims. " The British Commissioners replied that they could not admit that there had been any violation of existing principV's of Internation.al Law, and that their instructions did not authorize tliem to accede to a pro- posal for laying down rules lor the guidance of the Arbitrator, but that they would make known to their Government the views of the Ameri- can Commissioners on the subject. " At the respective conferences on March 9, March 10, iMarch 13, March 14, the Joint High Commission considered the form of the de- claration of principles or rules which the American Commissioners desired to see adoj^ted for the instruction of the Arbitrator and laid down for observance by the two Governments in future. "At the close of tlie conference of the lith of JMarch, the British Commissioners reserved several questions for the consideration of their Government. " At the conference on the oth of xVpril, the British Commissioners stated that they wore instructed by Her Majesty's Government [15] to declare *that Her Majesty's Government could not assent to the proi)osed rules as a statement of principles of International Law which were in force at the time when the Alabama Claims arose, but that Her 3Iajesty's Government, in (U'der to evince its desire of strength- ening the friendly relations between tlie two countries, and of making satisfactory provision for the future, agreed that, in deciding the ques- tions between the two countries arising out of those claims, the Arbi- trator should assume that ILir Majesty's Government had undertaken to act iq>on the principles set forth in the rules which the American Commissioners had ]>ropose(l, viz : " ' That a neutral Government is bound, " ' i^ irst, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, ot any vessel which it has reasonable ground to believe is intended to cruise or cari'j' on war against a Power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in wltole or in part, within such jurisdiction, to warlike use. " ' Secondly, not to permit or suffer either belligerent to make use of its Dorts or waters as the base of naval operations against the [IG] other, or for *the purpose of the renewal or augmentation of mil- itary supplies or arms, or the recruitment ol" men. " ' Thirdly, '-- exercise due diligence in its own ports or waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.' "It being a condition ot this undertaking that th<>se obligations should in future be held to be binding internationally between the two countries. " It was also settled that, in deciding the matters submitted to him, the Arbitrator should be governed by the foregoing rules, which luul been agreed upon as rules to be taken as applicable to the case, and by such principles of International Law, not inconsistent therewith, as the Arbitrator should determine to have been applicable to the case. "The Joint High Commission then proceerled to consider the form of submission and tlie nmnner of constituting a Tribunal of Arbitration. " At the conferences on the Gth, 8th, 9th, 10th, and 12th of April the 12 INTRODUCTION. Joint Tli^ili Coimnission considered and discussed tlie form of submis* sion, the manner of the award, and the mode of selecting tlic Arbitra- tors. " The American Commissioners, referring to the hope which they had expressed on tiie 8th of *March, inquired whether the [17] Britisli Commissioners were prepared to place upon record an ex- pression of r( gret by Her IMajesty's Government for the depredations committed by the vessels whose acts were uow under discussion; and the British Commissioners replied that they were authorized to express, in a friendly spirit, the regret felt by Her Majesty's Government for the escai)e, under whatever circumstances, of the Alabama and other ves- sels irom British ports, and for the depredations committed by those vessels. "The Americau Conunissiouers accepted this expression of regret as very satisfactory to them and as a token of kindness, and said that they f"l( sure it would be so received by the Government and people of the United States. " 111 the conference on the 13th of April the Treaty, Articles I to XI, ■wer<' agreed to." The Treaty referred to in ^^his statement was signed at Washington Th,. In ,ty <.r <^>'i the 8th day of May, 1871, and the ratifications thereof ^^'' '■"" were exchanged at London on the 17tliday of the following June. The articles which relate to this subject are the following : "Article I. " Whereas differences have arisen between the Government of the United States and the Government of Her Britannic Majesty, and still exist, *growing out of the acts committed by the several [18] vessels which have given rise to the claims generically known as the 'Alabama Claims ;' "AikI whereas Her Britannic IVIajesty has authorized Her High Com- missioners and Plenipotentiaries to express, in a friendly spirit, the re- gret felt by Her Majesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British i)orts, and for the depreilations committed by those vessels : " Now, in order to remove and adjust all complaints and claims on the ])art of the United States, and to provide for the speedy settlement of such claims, which are not admitted by Her Britannic 3Iajesty's Gov- ernment, the High Contraciting Parties agree that all the said claims, growing out of acts committed by the aforesaid vessels, and generically known as the 'Alabama Claims,' shall be referred to a Tribunal of Arbi- tration, to be composed of five Arbitrators, to be appointed in the fol- lowing manner, that is to say : One shall be nanied by the President of the Unitod States; one shall be named by Her Britannic IMajesty ; His Majesty the King of Italy shall be requested to name one; the Presi- dent of the Swiss Confederation shall be requested to name one ; and His Majesty the l]m])eror of Brazil shall be requesteieties. "Article IX. "The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them. "Article X. " In case the Tribunal finds that Great Britain has foiled to fulfill any duty or duties as aforesaid, and does not award a sum in gross, the High Contracting Parties agree that a Board of Assessors [20] shall be api)ointed to ascertain and determine what *('laims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability iis decided by the Arbitrators. "The Board of Assessors shall be constituted as follows : One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannic IMajesty, and one member thereof shall be named by the Representative at Washington of His Majesty the King of Italy ; and in case of a vacancy hai)peniHg from any cause, it shall be filled in the same manner in which the orig- inal appointment was made. "As soon as possible .after such nominations the Board of Assessors shall be organized in Washington, with i>ower to hold their sittings there, or in New York, or in Boston. The members thereof shall sever- ally subscribe a solemn declaration that they will impartially and careful'y examine and decide, to the best of their judgment and accord- ing to justice and equity, all matters submitted to then), and shall forthwith proceed, under such rules and regulations as they may pre- scribe, to the investigation of the claims wliich shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may thiidv [27] *proper, but upon such evidence or information only as shall be 16 INTRODUCTION. fuiiiislicil l)y or on hclinlf of the Oovtrninent.s of tlio United States and of (ircat IJiiliiin irsiuM'tively. Tliey Hliall !»'» bound to liear on ea(!li separate claini, il" n'(|iiire(l, one person on belialf of each (lovernnient, as (counsel or ajiciit. A majority of the Assessors in eacli case shall be sullicit'nt for a decision. "TIk^ decision of tiie Ass(\ssors shali bo given upon each claim in writin;;', and shall lie sif^iicd by them resi)ectively and tlated. "Kvcry claim shall be presented to the Assessors within six months from the day of their first meetin;^', hut they may, for good cause shown, ♦^xtentl the time for the jtrestuitation of any claim to ii further period not exceeding three months. " The Assessors shall report to each Government, sit or before the expiration of one year from the date of their tirst niceting, the amount of <'laims deci«led by them up to the date of such report; if further claims then remain undecided, they shall make a further report at or kefore the expiration of two years I'rom the date of such first meeting ; and in case any claims remain nndetennined at thai time, they shall make a final rei;ort within a further period of six months. "The rejjort or reiH)rts shall be matle in dujilicale, and one copy thereof shall be delivered to the *Secretaiy of State of the |28] United States, and one co])y thereof to the Ivepresentative of ller Britannic JNIaJesty at Washington. " All sums of money which may be awarded under this Article shall be ])ayable at Washington, in coin, within twelve months after the de- livery of each rejiort. " Tin; Jjoard of Assessors may employ such clerks us they shall think necessary. "The exjienses of the Board of Assessors shall be borne equally by the two (lovernments, and paid from time to time, as may Ix* found expedient, on the juoduction of accounts certified by tiie Board. The renumeration of the Assessors shall also be paid by the two Goveru- meuts in equal moieties in ii sindlar manner. en hii sp V Bi "Article XI. "The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Aibitration and of the Board of Assess- y dciMU to liavo been tho duties of Great Britain toward the United Slates, iu re- spect to the several cruisers wiiieh will be named in this i)ai>ev. Tiiey will then endeavor to siiow that (lieat IJritain tailed to per- t'orni those duties, both f.';enerally and speeillcally, as to each of 1 he- cruisers; and tliat such failure involved (he liability to reiuinierato [.')()] *the United States for losses rhus inllicted upon them, ujion their citizens, and upon others protected l>y their llaj;". Lastly, they will endeavor to satisfy tlu; Tribunal of Arbitration that it can lind, in. the testimony which will be oll'ered by the United States, ;nnpl(^ material for estimatin;^' the amount of such injuries, and they will ask the Tribunal toexercisi^ (he powers conlerred ui)on it l)y Arti<;lo VII of th(^ Treaty, in awardin,u' ''a. sum in ^ross, to be \)iud by (Ireat Ihitain to the United States, for all the claims referred to." In Apiil, 1S(»!), the- ['resident conununicated to the Senate a mass of ollicial corresi)()ndenc(! and gther i)apers relating to those claims, which was printed in hv(^ volumes. These, and two additional vohunes, containiuf^' further corresi)ondence, evi- dence, and d(M:iUnents acjcompany tJiis case. Tlie whole will form "the documents, the ollicial correspondence, and the other evidenc(U)n \vhi(;h [the United States] relies," v,iii(!h is called for by Article III of (he Treaty, lleference will be made throu/^hout this paper to these volumes thus: ''Vol. I, pa{^e 1," &c., &c., &c. The United States understan make the ])orts of the United States a baMO of hostile <»peratioi.'S a^ninst (Jroat Ihitain, a new treaty was made, at the instiince ol' the Uniteamo time so as to preserve tl'.o neutrality and the honor of the United States. In the sanu' year, also, the first neutrality act was i»assed by Conj»ress,' presiuibinj;' rules and establi;-hiny the modes ol inoc'cediny to enable the United States to perform their *liities as a neutral toward (Jreat Britain and other belli<4'erents. In LSIU, they were forced into war with Great Britain, by the claim of that i'ower to impress seamen on the high seas from vessels of the United States. After three years the war ceased, and the claim lias never since been practically enforced. In 1818, they met British negotiators moio than half-way in arranging disi)uted points about the North American Fish- eries. In 1827, having added to their own right of discovery tlui French and Spanish titles to tlie Pacific coast, they voluntarily agreed to a joint occupation of a disputed portion t)f this territory, rather than resort to the last arbitrament of nations. In 1838, when a serious rebellion pre- vailed in Canada, the Congress of the United States, at the reipiest [33] of Great Britain, ^^passeo an act authorizing the Government to exercise exceptional powei;' to maintain the national neutrality. In 1842 the Government of the United States met a British Envoy in a spirit of conciliation, and adjusted by agreement the disjnited boundary between Mjjine and the British Possessions. In 18-10 they accepted the proposal of Great Britain, made at their own suggestion, to adopt the forty-ninth parallel as a compromise l''ie between the two Columbias, and to give to Great Britain the whole i Vancouver's Island. In 1850 they waived, by the Clayton-Buhver IV .ty, the right of accpiisition on the Isthmus, across which for many years the line of communication ' For au abstract of this act see Vol. IV, pp. 102, 103. 20 UNFRIENDLINESS OF GREAT BRITAIN. from one part of their dominions to the otiier must run. In 1S54 they coiiferretl upon tiio people of the IJritisli Possessions in North Ameriea tlu». ii(lvaiitai;('s of a free, <'m11 commercial intercourse with the United States for tiieir jiroducts, without securing corresi)()nding benefits in re- turn. Tluis a series of diCiicult questions, some of which migiit have led to war, had been peaceably' :;rranged by negotiations, and the in- creasing intercourse of thc^ two nations was constantly fostered by con- tinuing acts of friendliness on the part of the Government of the United States. All the i)olitical relations of the United States with England, with the i-ri,.m!i.v r.-iiti>.nH cxccptiou of thc cijisodc of the war of bSlti, had been those ol till! two piivirri- . . . . ' i i- • i i • /• 11 nicmsin ihui. <>t increasnig amity and Iriemlship, conurnu'd by a re- peated *\ielding of extreme rights, rather tlian im])eril the cordial [3-t] relations wiiich theUnite*! States so much desired to maintain with their nearest neighbors, their best custctmers, and their blood relations. Tliey lia. Above all, they had at that tinu^ a right to feel confident that, in any controversy which might grow out of the unhappy existence of African slavery in certain of the Southern States, the JJritish Government would not exercise its sover- eign i)owers, questioiuibly or luiquestionably, in favor of the supporters of slavery. On the (»th day of November, in that year, the jurisdiction of the Gov- Ti„. Lnit.astiitM ernment of the United States extended unquestioned over '""^''- eighteen States IVom v.liich ^Vl'ricau slavery was ex- cluded;' over *iifteen States in which it was established by law ;^ [oa] and over a vast territory in which, under the then prevailing laws, persons with African blooil in their vcmus coidd l)e held as slaves. This large unsettled or partially settieIed, was also lial)le to be divided into new States, which, as they entered the Union, might, as the law then stood, become " Slave States," thus giving the advocates of slavery an increased, strength in the Con- gress of the nation, and more especially in the Senate, and a more ab- solute control of the Natiomd Government. Since the date named three new States, entitled to a representation of six Senators in the National Senate, have been admitted into the Union from this territory;^ and the remainder of the great dominions of the United States is now divided into ten incipient political organi- zations, known as Territories, which, with one exception, may at some future time become States.* ' Maine, Now Hainpsliiie, Vcrnioiit, Massiu-liusetts, Rhodo Islaud, Connet'ticiit, New York, Ni'W .Jcisi'v, I'oiiiisvlvauia, 01iit», Lidi.'ina, lUiuois, ilichigaii, Iowa, Wisconsin, Calil'ornia, JMiiniesotn, Ort';;(»n". - Uclawaic, Maryland, Vii'};inia, North Carolina, Sonth Carolina, G(>orgin^ Kentucky, Tenncswc-e, Louisiana, Mississippi, Alabama, Mis.sotni, Arkansas, Florida, Texas. •'Nevada, Nebraska, Ivansas. West Virf^inia vas Ibrnied IVoiu a portion of tho terri- tory of X'iryinia, and for tliis reason does not conio within tho meaning of tho text, thonj!,h it beeanie a State after the dati! mentioned. ••New Mexico, Utah, Washinjjtton, Dakota, Colorado, Arizona, Idaho, Montana, Wy- oming, District of Columbia. The territory known .ns the Indian Territory is without political oi^anization, havirig neither Governor nor Delegate in Congress. It cannot bo cuusideied us comiug witbiu the nicuuing of the text. f3G du( stit hai ma Sti a T to tor; orj UNFRIENDLINESS OF GREAT BRITAIN. 21 [-"'] [3G] *Tl.ie i^enoral election for Pivsidont of tlio United Stiites, -wliicli took pliice on tbe Gth of November, ISijO, wjis con- ,; ,i„„ „f j,r. ducted ill strict conformity with tlie prov'sions ol" tlu^ Con- '•'"'"'• stitutioii and liiw.s of the country, and resulted iu tlie choicu' of Abra- ham Lincoln. The party \vhi(!h ele(!ted him \vai«' pledged in advance to maintain "that tlie normal condition of all the tenirory of the United States is that of freedom," and to "deny tiie authority of (Jonjjress, of a Territorial Lej>islature, or of any individuals, to siv(^ legal existence to slavery in any Territory of the United States."' The word '»T(a'ri- tory " is liere used in the above-mentioned sense of an iucipieiit political organization, which may at some future time become a State.' This decision of the peojde of the United States was resisted by some of the inhabitants of the States where slavery ])revaile(l. s,.,,,=.i„„ „t south The peoi)le of South Carolina, with an undoubtcfl unanimity, f^'^"'""- commenced the hostile movement. In the Ibllowing month they pro- claimed, through a State Convention, their purpose to secede iVom the Union, because the party about to come into pou-er had "announced that the South shall be excluded from the (,'oiiimon terri- tory."- The State of Alabama, on th(> lltli of .lanu- [37] ary, with *much lessni.animity, ((he vote in the Convention being 01 ayes to 31) nays,'') loUowed the exaiii;)le of S;)ntli Carolina, giving as tlieir reason that the election of 3Ir. Lincoln "by a s(>ctional party, avowedly hostile to the domestic institutions [/. c, slavery] of Alabama," was "apolitical wrong of an insulting and menacing char- acter."' The State of Georgia followed after a much greater struggle, in which the party in favor of remaining in the Union resisted to tlu^ .^ onrm ..nj last, the linal vote being L*()S ayes to 8!) nays."' Floi-ida, "'""=;--'••'• Mississippi, Louisiana, and Texas each i'ramed an t)rdinr ,ce of secession from the L'nion before the -1th of February, in each case with more or less unanimity. On the hh of February, 1801, representatives from some of the States which had attempted to go through the form of secession, oppn.iiio,, i.. th. and representatives from the State of Korth (Carolina, which ]:i'i:i^^y u,"'cl.'i"S had not at that time atteni])ted it, met at Montgomery,''' in <"' "■•'^^'^^■"°"- the State of Alabama, tbr tlie purpose of organizing a i)rovisional gov- ernment, and having (lone so, elected i\Ir. Jefferson Davis as the Provis- ional President, and Mr. Alexander 11. Stephens as the Provisional [o8] Vice-President of the iiroposed *Con federation. In accei)ting this otlice, on the 18th of February, Mv. Jeflerson Davis said: ""We have vainly endeavored to secure; traiupiillity and obtain respect for the rights to which we wei'e entitled," [/. c, the right to extend the domains of slavery.] "As a necessity, and not a choice, we have resorted to the remedy of separation." * * '» Qnr industrial ])ursuits have received no check; the cultivation oi' our Ileitis progresses as heretolbre; and even should we be involved in war. there would be no considerable diminution in the production of the stajiles which have constituted our exjiorts, in W'hich the commercial world has an interest scarcely less than our own. This common interestof producer and consumer can only be intercepted * Grocloy's Ainoricaii CouUii't, \'ol. I, i)ii<;(! \i'2i). '^ McPheisou's History of llui Kolu'llii)!!, pa^e lO. ^ Mcl'liersou'tS History of tho liiibollioii, jia^i; 4. •• Appli'ton's Aiimial Cycl(»i)a'(lia, iSiil, \n\[Xi) 10. ^Mfriiersoii's History of tlu' Kobcllion, iia.ijt! !3. *> Applotoii's Aunual Cyelopa'dia, Ictil, Vol. 1, pago 126. ^ Applctou's Annual Cyclopujdia, 18(51, page G13. w 22 UNFRIENDLINESS OP GREAT BRITAIN. bj^ an oxtcrior foico, wbicli should obstruct its trausmission to foreign markets — a course oi" eoncbiet wliicli would be detriuiental to the luanu- facturiujj: and coniiiier<;ial interests abroad." JMr. Stepliens s])!)ke with still nioie exi)licitness. lie said ' the "foundations [of tlie new {government | are laid. Its corner-stone rests ujmn the j^reat truth that the nep-o is not e(|ual to the white nnni ; that slavery — siibcjrdinatiou to the su[)erior race — is his natural and moral condition." *lJaviji.nthnsrornndl.y declared that the contemplated limitation [.')0] of the territory within which nei^ro slavery should be tolerated was tlie sole cause of the projected se|)aration, and havin.i;' api>ealed to the world to support them, the secedin.ij ytat<'S made ellbrts, which i)roved vain, to induce the other slave Htates to Join them. No other States passed ordinances of seccessiou luitil after tlie fall of J''ort Sr.mter. On the contrary, the peojile of the States oL' Tennessee- and JMissoiiri'^ before that time voted by lar;;e majoriiies aj;aiust secession ; and in the Slates of North Carolina and Vir;4inia (;o;iveiitions were called and were in session when some of the events hereinafter referred to took jilace; and these bodies woe known to beopjxised to the rtn'olutionary movements in South Carolina and the six States bordering;- on thedultof .Mexico. A larger minority, it not a majority, of the peoiile of the slave States known as IJorderStates, andof the mountainous parts of the South ''''i!p..M"d u, six States known as the (lull" States, did not desire se[)aration sutC'M;:UiIl. They were attached to the Union, which had fostered and protected their interests, and they expu'ssed no dissatisfaction, except with ihe i>r()posefseeessionJ once taken can never be reca' .'<1; and all the baleful and withering conse(iuences that must ibllow will rest on the Convention for all coming time. "When we and our jiosterity shall see our lovely South desolated by the di tiion of vrar, which this act of yours v.ill inevitably invite e.nd (;all forth; when our green lields of wiiving harvest shall be trodden down by the ninideroe.s soldiery and fiery ear of v>ar sweeping <)ver our land ; our iemi)les of Jnstie*traie ' l?aus,e, [11 j 1 entreat you, and consuler lov a. moment what reasons yori can give that, vrill <'ven satisfy yoi i';;elves in calmer moments; what reasons you can give to your fellow- snlferers in the calamity that it will bring upon us. What reasons can you give to the nations of the earth to justily it ? They will be the calm and deliberate judges in the case, and what cause or overt act can you name or point to, on which to rest tho plea of justilication ? What right has the North assailed? "What ' Ai)i)li'ti)ii'« Aiimiiil Cyi'lopiL'iliii, 18ul, iKijjt; I'JD. - Mirij(.'rsi>ii'H lliHlctiy of the Ki'lx'llioii, pago r>. 3 Applotoii's Annual CycloiiiiMlia, IHiil, pa^o 478. * I^lePhorsou'a History of the Rebelliou, page 25. o foreign lie inanu- ;in(l ' the DiiCi rests laii ; tlijit lid moral )n [:}9] as I'd to tlio li i)ro\('d T States tcr. On ii^ before le States . were in ace ; and ►veiiieiits .Mexico, e States Its of tlio )aration. ercd and 1, excei)t id ly [40J al le in tlie of seces- :()niery. d ; and rest on sliall act of elds of ry and laid in )nt this () shall lonestly act by )sterity [•llj easons 11 bring artli to se, and est the What UNFRIENDLINESS OF GREAT BRITAIN. 23 •i.y is interest of the South has been invaded i What justice has been denied ? And what claim founded injustice and right has been withheld ? Can cither of you today name one governmental act of wri)ng, deliberately and purposely done by the Governmeui of Washington, of which the South has a right to complain ? I challenge the answer." All the iacts above referred to in this paper were patent to the whole world, were ostentatiously i»ut forth by tlie insurgents, and were opeidy coiiuiunited upon by the i>ublic pi'ess throughout the United States. It is, therefore, not unreasonable to ])resuyie tliat the Uritish Government received from its representatives and agents in the United States full infornuition concerning them as they took place. To suppose the [42 1 * contrary would be to ignore the v.ell-known fidelity of those oflicers. Mr. Lincoln entered upon the duties of his oHice ou the 4tli of March, 1801. He found the little Army of the United States scat- in:,„„ur,tiun of tered and disintegrated; the Zs'avy sent to distant (puirters ^J'^- 1"'"'" of the globe; the Treasury bankrupt; the credit of the United States seriously injiued b\ forced sales of (Jovernment securities; the jiublic service demoralized; the various ])e[)artments of the Goveinnjcnt filled with unfaithful clerks and otlicers, whose sympathies were with the South, who had been placed in their j)Ositions for the pur[)ose of par- alyzing his administration. These tacts, which were known to the world, nnist have attracted the attention of the obs(>rvant Itepresenta- tive of Great IJritain at Washington, and must have enabled him to make clear to his Government the reasons why the C'abinet at Washing- ton must ]>ause before asserting its rights by force. The new Government took an early opportunity to inform the British Government of its i)urposes.^ On the Oth of IMarch, four days after the installment of Mr. Lincoln, Mr. Dallas, the .n.n','.ntmi''rr,nenf Ministerofthe United States at London, was instructed '""'"""""'■ [4oJ to connnunicate to Lord Ifussell the Inaugural Ad*dress of the President, and to assure him that the President entertained full confidence in the sjteedy restoration of the harmony and unity of the GovernnuMit. He was further told that " the United States have had too many assurances and manifestations of the friendship and good will of Great Britain, to entertain any doubt that these consi- the i)eaceable return of the Gulf States, was in- terru])ted by the attack upon Fort Sumter, made by order of the Gov- ernment at ]\I()nt;;<)mery. This attack eiuled in the surrender of the garrison on the I.Uh of April. This was followed on the IHth of April by a ' Proclaniati *n of the I'lesident, callins' out the militia and con- vening an extra session of Gongress on the 4th day of the next July. On the 17th of April, ]\Ir. '^Jetlerson Davis gave notice that letters of marque would be granted by the persons who had at- is«n./"h'uc™" ted to establish a *Govorument at Montgomery, [4o| by usurping tlu^ authority of the United States. On the 19(h of April President Lincoln issued a Proclamation de- r..Ki.mnioM fiv. claiing that a blockade of the ports witiiiu the States of iX."""" "' ''''"*•" Soutli Carolina, Georgia, Alabama, Florida, Mississippi, Lou- ohi.Ti. nf iimt i'^iana, and Texas wouhl ho established for the i)uri)ose of i.n,ch.Mnti«n. collecting the revenue in the disturbed i)art of the country, and for the protection of the public ])eace, and of the lives and proper- ties of quiet and orderly citizens, until Congress should assemble. That body vas sununoued to assemble on the fourth day of the following July. The full text of this Proclamation will be found in A'ol. I, page 21. In the course of the discussion between the two Governments grow- ing out of the war, it has been repeatedly asserted that Her Majesty's Government was induced to confer ujmn the insurgents in the South the status of belligerents, in consequeiu'e oi' the receipt of the news of the President's Proclamation of Ai)ril li). The United ^States are therefore forced to invite the patience of the Board of Arbitrators, while they establish, from conclusive proof, that Her Majesty's Government is mis- taken in that resi)ect. Before any anued collision had taken ])lace, there existed an understanding between Her Majesty's *Governnient [40] Kian!.. 'imiu','rby aud tlic Govemnu'iit of the Emperor of the French, <.,LMt b.ami. ^^..^j^ ^^ viow to se(airing a simultaneous and identical course of action of the two (iovernmentson American questions. It is within the power of the British Government to inlorni the Arbitrators when that understanding was reached. The lact that it had been agreed to bv the two Cjovernments was comnumicated to Mr. Dallas, bv Lord John liussell, on the 1st day of May, 1801.-' There was nothing in the i)revious relations between Great Britain and the United States which made it m'cessary ior Her Majesty's Gov- ernment to seek the advice or to invite the supjiort of the Emperor of the French in the crisis Avhich was threatened. The United States are at a loss to conjecture what inducenuMit could have ])rompted such an act, unless it may have been the percei)tion on thepartof Her Mnjesty's Government that it was in its nature not only unfriendly, but almost hostile to the United States. AVhen the news of the bloodless attack upon Fort Sumter became known in Euro^)e, Her Majesty's Government apparently assumed that 1 Vol. I, pajjc IG. * Aiiiilotoii'H Annual CyolopuHlia, 1801, page 137. 3 Mr. Dallas to Mr. Seward, May 2, IbGl. Vol. I, p. 33, 34. UNFRIENDLINESS OF GREAT BRITAIN. 25 ith tlieir ) the in- tes, H8 to relied to tlieir aid !, Avas iii- the Gov- n- oi' the, of April and con- t July, letters of it- ition de- viates of l)pi, I^ou- ri)()se of country, I proper- )]e. That oUowing ge21. ts jj^row- Vlajesty's louth the s of the herefore ile they it is mis- [40] m It '5 il course within s when reed to rd John Britain t's Gov- )eror of ites are inch an ajesty's almost became led that the time had come for the joint action which had been ])revi()usly agreed upon ; and, without waiting to learn the purposes of the United [47J States, it *announced its intention to take tlic lirst step by re- cogni;:ing the insurgents as belligerents. The Picsidcnt's Pnurlamation, whicli has since been made the osten- sible reason ibr this determination, was issued on the J'.Hh ^vh..„ ti,,.- Pr<-», of iVpril, and was made i>nblic in the Washington news- ;',:;;" ^'''1™''''"" pajjcrsof the morning of the L'Oth. An imperfect copy ol' it '•"^^"•^"''"'• was also tclegraplx'd to ^^cw York, and from thence to JJoston, in each of which cities it apncared in the newspapers of the morning of the 20th. The New York iiapers of the 2()th gave the substance of the Procla- mation, witliout the oflicial commencement and close, and with several errors of more or less im])ortance. Tlie Poston papers of the same date, in addition to the errors in the New Yorlc <'opy, omitted the very important statement in n-gard to the collection of the revenue, whicli appears in the Proclainalion as the main cause of its issue. During the mor.Miig of the 10th of April, a riot took ])lace in Balti- more, wliich ciMli'd in severing direct communication, by liiil or tele- graph, between Washington and New York. Telegraphic communica- tion was not restored until tlie.'SOth of the month. The regular [)assage of the mails and trains was resumed about the same time. It [48] aj)pcars by a dispatch from Lord Lyons to Lord *Jolui Pussell that the mails had not been resumed on the 27th.' It is absolutely certain that no full copy of the text of the Proclama- tion could have left Washington by the mails of the IDth. and equally certain that no copy could have reached New Y'ork from Washington alter the li)tli for several days. On the 20th the steamer Canadian sailed from Portland, taking the ]jt)ston papers of that day, with the imiierfect cojiy of the Proclamation, in which the clause in regard to the collection of the revenue was suj)- jiressed. This steamer arrived at Londonderry on the Lst of ^lay, .and the " Daily News" of London, of the 2d of May, published the follow- ing telegraphic items of news: "President Lincoln has issued a Proj- lamation, declaring a blockade of all the ports in the seceded States. The l<\'deral Government will condemn as pirates all privateer-vessels which may be seized by Federal ships."' The Canadian arrived at Liv- erpool on the 2d of May, and the "Daily News," of tlu^ od, and the "Times," of the 4tli of May, jiublished the imiierfect Boston copy of the Proclamation in the language as shown in the note below.^ [4!)] No other than the Boston coi)y of the *I*roclamation appears to have been i)ublished in the London newspapers. It is not likely that a copy was received in London before the lOtli, by the Fulton from New York. ' Blue Book, North Ainorica, No. 1, lHG"i, pngo 2lx -Tlie following is the I'lrsidont's Piochiuuitiou of the hlookadc of tho Southcru ports : '•An insnrroction iifjtainst Ibo Government of tlie United States lias broken out in the States of Soulli Carolina, Georf^ia, Alabama, Floiida, Mississippi, Lonisiana, and Texas, and the laws of the United States cannot be executed eli'ectKally tliercin con- formably to that provision of tho Constitution which requires duties to bo uuifonn throughout tlu' United States ; and fnrthcr, a combination of persons, engaged in suoli iuaurrection, have threatened to grant pretended letters of marque to authorize tho bearers thereof to commit assaults on tho lives, vessels, and property of good citizens of the country lawfully engaged in commerce ou the high seas and in tho waters of the United States ; and \v hereas an Executive Proclamation has already been issued, requiring tho persons engaged in these disorderly proceedings to desist, and therefor ■ 26 UNFRIENDLINESS OF GREAT BRITAIN. 11 Her M:ij«*"'ty V r.dv- ernnii'iit (tfiuli* nn Iho 1st of Mi.v In war. It was on this meiijjor and incorrect information that the ailvice of the IJritish Law Ofliceis Avas based, n|)on which that Gov- o&TiViM, on'" oriiuicnt aiited. On the evening of the I'd of IMav, Lord .ini«ricit.o,,y. ,](,],„ i>ussell stated in the llonse of Commons tl>' "Her *Majesl.v'.s (lovernment heard the other day that tlit Oon- [50] federated States have issued k'tters of niarqne, and to-chiy we have heard that it is intended tliere shall be a blockade of all the ports of the Sonthern States. As to the jyeneral provisions of the law of nations on Ihese (jnestions, some of the points an^ so new, as well as so important, Unit they have been referred to the Law (iihcers of the Crown for tlu'ir oi)inions." It is with deep regret that the United Stat;'s find themselves obliged to lay before the Tribnnal of Arbitration the evidence that, v.hen this annonncement was made in the House of Com- mons, Her Majesty's (lovernment had ahcady decided to recognize the right of the Southern insurgents to attack and destroy the commerce of the United States on the high seas. On the lst(hiy of IMay, 1801, (two days before they could have heard of the issue of the President's Proclamation,) Lord John Kussell wrote as fol- lows to the Lords Connnissioners of the Admiralty :^ "The intelligence which reached this country by the last mail from the Uiuted States gives reason to suppose that a civil war between the Northern and Southern States of that Confederacy was imminent, if indeed it might not be considered to have already begun. *"Simidtaneously with the arrival of this news, a telegram, [51J purporting to have been conveyed to Halifax from the United States, was received, which announced that the President of the South- ern Conlederacy had taken stei)s for issuing letters of marque against the vessels of tlie Northern States." * * » * * " I need scarcely observe to Your Lordships tliat it may be right to apprise the Admiral that, nuich as Her Majesty regi'cts the prospect of civil war breaking out in a country in the happiness and jieace of which Her Majesty takes the deepest interest, if Is Jlcr Miijf-sijfN pleasure that nothiiiij filionUl he done In/ her nstral fonrs ichieh .should indicate any par- iiality or pnfcreneefor either party in the contest that may oisue.^'' On the ftii of ]May ■' Lord John Ilussell held an interview with some Lor.i.joi,nit...ii iudividuals, whom he described as "the three gentlemen i',"mn,V'rimH"7''in's- dciuUcd by the Southern Conlederacy to obtain their recog- ™^Mnhorn,mM.™" nlliou as'au independent State." Although he inlbrme'd diuce. them that he could hold no oilicial communication with them, calling out tlio iiiilititi force for thested uo improbability of such a recoj^iiition. Oil the ~)th of Mi\\ the steamship Persia arrived at Liverpool with advices from New York to the 2.">th of April. Lord John ]{ns- scU stated on Monday, the 0th of May, in a comnumication to Lord Cowley,' "that Her Majesty's (ioveriunent received no«lispatch('s from Lord Lyons by the mail which has just arrived, [the Persia,] the communication between Washington and New York being interrupted." In the same dispatch Lord Cowley is informed " that Her [Majesty's GovernnuMit cannot hesitate to admit that sach Confederacy is entitled to be considered as a belligerent, and as such invested with all tlu' rights and prerogatives of a belligerent," and he is instructed to invite the French Clovernment to a joint action, and a line of joint policy v.ith the British Government, toward the United States. Lord Cov y, [53] under these instructions, had an interview on the !)th of ^lay =•* with the French ^Minister ibr Foreign Affairs. The Tribunal may infer from the jjublished correspondence that it was assumed at this niterview that the two Governments should act together, and that the letters of manpie which might be issued by the insurgents should be resi)ected. Lord Cowley reported that^ "His Excellency said further that in looking for precedents it had been discovered that Great Britain, although treating at the commencement of the American v.ar letters of manjue as piracy, had, after a time, recognized the bel- ligerent rights of the States ni rebellion against her." The answer to these instructions was received at the Ft)reign Ofiice on the 11th of 3Iay. The United States are firndy convinced that no correct or complete copy of the President's Pro(;lamation could have been received there in iidvance of it. It is known that the official copy forwarded by Lmd Lyons to his Government reached LdikIou on the 14th of May.-' The oiiicial copy sent by 3Ir. Seward to ^Ir. Dallas reached Southampton on the evening of the Dth of ^lay, and London on the 10th. It is stated in the British notes on Mr. Fish's instruction of September 25, l.StiO, to ]\Ir. Motley, that the Prochunation was conununicated oilicially by 31r. Hallas [5-lJ to L!)r"i=''' ■"• still the British (iovernment received in the afternoon of the Uth of May, 1801, its first complete and oOicial c()i)y of the President's Proc- lamation, ten days after Lord John liussell had decided to e.ward the rights of belligerency on the ocean to the insurgents, eight days after tlie subject had bin referred to the Law Oflicers for their ojiinion, and live days after the decision of Her Majesty's Government upon thai opin- ion luul been announced in the House of Commons, as hereinaller set furth. On the same day on which Lord John Russell wrote Lord Cowley (May 0th) he wrote to Lord Lyons,^ calling the United States "the ' Vol. I, page ;tt>; sco also samo votunic, page 48. ^Britiuh Blue Book on tlio Bloclcado, 18G1, page 1. - Vol. I, page 49. * Vol. I, pages 30, 37. 28 UNFRIENDLINESS OF GREAT BRITAIN. nortlierii i)ortion of the late Union,'' and reitoratinff tlui^ Her Majesty's •Governnient "cannot question tlie lif^ht of the Southern States to be reeoj^iiized as a l)elliH'erent ;" and in the House of Commons, on the same eveninji', lie announced that the Attorney and Solicitor General, the Queen's Advocate, and tin; Government had come to the conclusion that the Southern Confederacy of America nuist be treated as a bel- lij^erent. On the same eveniuif, Lin'd ralin'''erston said in the [uHJ House of (!oninions,' "No one can rei^Tet more than I do the intel- li{;-ence which has been receivoil within the last few days I'rom America; but at th(^ same time, any one nuist have been short-si;»hted and litth^ ca])able of anticipating' tiie i)robable course of human events, who had not lor a long time foreseen events of a similar character to those we now deplore. From the comi'icnceinent of this unlbrtunate (piairel between the two sections of the United States, it is evident that the causes of disunion were too deei)ly seated to make it possible that sepa- ration would not take place, and it was also obvious that passions were so roused on both sides as to mak'e it hi,u'hly improbable that sucli sej)a- ration (;ould take i)lace without :!, contest." A question was asked in the House of Commons on the 7th of IMay,-^ the next eveninji-, as to the extent of the belli.u'erent ri;;hts ti m V.i- !i' /uic"'"! at sea which would be acquired by the South, to which Lord Palmerston declined to make answer " until the Gov- ennnent should be in a condition, after consultiniL!," its legal advisers, to make some distinct comnnmicatioii on the subject.*' On the 9th of May,- Sir (reorye Lewis an*nounced that a pro- [o(»] claiwation woidd be issued, stating " the general etfect of the common and statute law on the matter;" and on the 10th, Lord Gran- vilkv' repeated the declaration in the House of Lords. In the discussion there it was assumed by all the speakers that the insurgent Government might lawfully issue letters of marque. * It is believed by the United States that it was well Icnown to Her Majesty's Government during all this time, that Mr. Adams was about to arrive with instruction from the new administration, and that he came possessed of its most contidential views on these inq)ortant ques- tions. On the 2d May Mr. Dallas wrote Mr. Seward thus :* " The solici- tude felt by Lord John Kussell as to the ettecrt of certain measures repre- sented as likely to be adopted by the President, induced him to ri-quest me to call at his private residenc^e yesterday. * * * i informed him that Mr. Adams had apprised me of his intention to be on his way hither in the steamship Niagara, which left Jioston on the 1st of May, and that he would probably arrive in less than two weeks, by the 12th or loth instant. His Lordship acquiesced in the expediency of disregarding mere rumor, and waiting the full knowledge to be brought by my suc- cessor." The United States, for reasons already given, have no doubt *that, 'before that interview. Her Majesty's Government [57] had already decided upon their course of action. Mr. Adams did Th.(>,u.,n%. rroo- actually arrive in London on the evening of the l.'3th of May. hun.ti.Mi. rpi^, Queen's rrodamatiou of iieutrality was issued on the morinng af that day. A caref'd examination of the published correspondence and speeches of Lord John llussell shows that Her Majesty's Government ii.r''>iajes'ty'!.'uii." Ou the L'd of May" he asks t!ie Liiw Oriiccis oi the Crown what course the Government shall ]>msne. On the 1st of .Iiine, however, he is in doubt on the subject, and he writes to Ihe Lords (Commissioners of the Admiralty, informing' them of the rules to be observed by the JJritish il- ibices '' in the contest icltidi to be itiiiiiiiienf between the ai>]icai United iStates and the so-styled Gonfedeiate States of Morth America." It would seem, therelbre, tliat on the 1st of .lune, ISC.I, Her Miijesty's Government legarded only as "imminent"' the hostilities which Iler j\lajesty's I'roclamatioii of the IDth of the previous j\Iay alleged [58] Inul "unhappily *comnieiiced between the United States of America and certain States styling;- themselves the Confederate States of America."' In iioint of fact. Lord John liusseirs dispatch ot the Lst of June describe(l with fidelity the condition of tiiinjxs so far as then known in London; Ibr at that time tli(^ intellij;ence of the exiiilar- ating etiect of the (Queen's I'roclamation upon the insurficnts, and its dcpressiiij>' ellect upon the (Jovernment and loyal poimlatioii of tlu^ United States, had not reached Euroiie. ^Vhatever Lord John llussell, and ids colleajiues in the Government, who decided to counsel Iler ^Majesty to issue the rroclama- ^, ^ ^^^ tion of 3Iay l.'itli, may liav(^ thought, the debates in Tailia- «^h-'i'C i'n,ci.mw: meiit removed any excuse for ijj;iioranee as to the etl'ect of ''""' that instrument. As early as the L*Oth of Ajnil, in the House of Commons, an ojiposi- tion member had said that "tliere could be no doubt that if the war should be continued in that country [the United States] tlnrc icoidd he titoumndtt of privatecru hoveriuff about those coasts;'"-^ to \\hicli the Chaii- <;elIor of the Exche((uer (Mr. (iladstone) immediately veplied: "All that relates to the dangers wliich may iirise between Jiritish merchant ships and x\merican or other privateers * * * 1 shall ])retermit, not [5",)] because 1 presume to say or think tlmt they are *insignilicant, but because I I'eel it my duty to address myself to tli<;se points which touch more directly and more practically [the IJudget] the mat- ter ill hand."^ In a debate in the House of Lords, on th(^ lOtli of iNIay, Lord Tfaid- wicke'* said that he "was anxious that the House should i.'ot enter too strong a protest against that which was a natural conse(iueiice of war, namely, that vessels should be fitted out by private individuals under letters of marque. That was, no doubt, privateering, but it did not by any means follow that privateering was piracy. He believed that if privateering-ships were put in the hands of proper otiicers, they were, i-iot engagc(i in piracy any more tlian men-of-war. He thought that a feeble State engaged in a war with a powerful one had a right to make use of its merchant- vessels for the purpose of carrying on the con'^est^ and there was no violation of the law of nations in such a proceeding." In the more elaborate discussion which followed on the lOtli of the same month iii the House of Lords, the Lord Chancellor'^ said : " I'f, after the publishing of the present proclamation, any English subject were to enter into the service of either of the belligerents on the [CO] other side of the Atlantic, there could be no doubt that the *per- son so acting would be liable to be punished for a violatitm of i Vol. IV, pa^'c 482. = Vol, I, ptigc IJIlo. 3 Iliiusanl's IJ.'liates, 3(1 series, Vol. CLXII, iia<>o 1276. * Hansard's Debates, 3cl series, Vol. CLXII, ])age 1"277. 6 Vol. IV, i^agc 4W3. 'Vol. IV, page 490. 30 UNFRIENDLINESS OF GREAT DRITAIN. tlie laws of his own country, mid would lirivo no rijilit to clnim any intcrl'crcncc! on the- part of his Government to shiel of l)elh<;erent ri.ijhts, and canyiiij^- on what mi^ht he calleritish subje»'ts were to ^ - : bine and cou- s])ire together to ex<'ite revolt among the inhabi*tantsof a friendly [Oil State, * * * and these juM'sons, in pursuance of that con- spiracy, were to issue nmniiestoes and ]>roclamations for the purpose of carrying that oltject into effect; above all, >/ llicjj ircrc to svbscrlhc money for the purpose of piirvlumnfi arms to (jive ejfcvt to that intended enterprise, I conceive, ami 1 state with confidence, that such persons would be guilty of Ji misdemeanor, and liable to suffer ])unishment by the laws of this country, inasuuudi as their conduct would lend to embroil the two (U)untries together, to lead to remonstrances hy the one with the other, and ultimately, it might be, to wa". * * * Foreigners resid- ing in this country, as long as they leside here under the inotection of this couutry, are considered in tlie light of British subjects, or rather subjects of lier Majesty, and are jfunishable l)y the criminal law i)re- cisely in the same manner, to the same extent, and under the same conditions as natural-born subjects of Her Majesty. * * * The otfense of endeavoring to excite revolt against a neighboring State is a.i offense against the law of nations. No writer on the law of nations states otherwise. I3ut the law of nations, according to the decision of our greatest judges, is part of the law of England."^ *The United States will close this branch of tin* examination [02] by citing the language of JMr. Bright in the House of Mr. LneiitsN.ows. (_^,J,J,^,y„J,^ q,, ^|,^> j^Jj ^^^^ j\ij|veii^ 1805.^ "Goiug back nearly four years, we recollect wisat occurred when the news arrived of the lirst shot having been tired at Fort Sumter. Tluit, 1 think, was about the 12th of April. Immediately after that time it v.as aniH)unced that a new minister was coming to this country. Mr. Dallas had inti- mated to the Government that, as he did not rei)resent the nev. President, he wonhl rather not undertake anything of importance ; but that his successor was on his way, and would arri\'e on such a day. When ii man leaves New York on a given day you can calculate to about twelve hours when he will be in London. Mr. Adams, I think, arrived in London about the 1-th of i\lay, and when he opened his newsi)aper next morning he found the Proclamation of Neutrality, acknowledging the belligerent rights of the South. I say that the proper course to ' On Fovtigii .Jiuisdictiou .lud tlic Extrailition of Criiuiuals; by tho Kigbt Hon. Sir George Cornw.all Lewis, Bart., M. P., Lomlou, 1859, page 66. "Vol. V, pages 639, 640. hi to th ho C(H an of re ])U l>e ri} tin on.'- I UNFRIENDLINESS OV GREAT BRITAIN. 31 I ill 111 nny Voin jiiiy lie .siunc 'h of llic iir;it(' ibr •d to tlu> <':ill('ly desirons of inaintainiii};' amicable and friendly relations between their eoiintry mid ICnjulaiul." The Unite*! States have nuid(^ this review of the eonrse n,. „„„^,„„ ]mrsiied by (Jreat I'.ritain in reco.iiiii/iniL'- the insurj;ents as :;f;^.Vnin';'on''»M belli/^crciits, with mt pnrposi' of (ineslioninf^' the soven-ij-n '"""'• ri^lit ol' that Power to determine for itself wliellier the facts at fliat time Jnstiiied such a recoi^nition. Althou^j^h the United St^'tes strcnu- ) a "nation is its own judjic when to accord the rij^hts of belli,tierency, either to a people struyj^liiiiV to fiefc themselves irom a oj)pressiv<>, or to inde- pendent nations at war with each other." ^ [(i4J JUit v/hile tlius iirmly insistinj;' upon the sovei*eiendent nationality, they also maintain "tliat the i'i«4-ht- fulness of such an act (h-peiids upon the occasion and the circnnist'oiees, nml it is an act, like the sovereiij;n act of war, which the morality of the public law and practice re(piires should be «'^- that time by a conscious unfriendly pnri)ose toward tlu^ United States. In the lan.nua/^e af a continental i)ubli<*ist, ".IAVn/.;ieteiic a ( te bien pressee de iaire usa.ue de son droit strict ]tour constater solenuellement (pie I'Union Americaine etait ebranlee, et doniier aux insurges, (;e (pie le monde entier a considcie tout au moins comnKMin appui moral; * * Fa{;te a ('le jiose hi veille du Jour oil le noiivel ambassadeur aiiR'ricain, I\I. Adams, deviifc [05] dC'banpier a Londres, et an moment oil posiiivement Ics insurp(5s ii'existaicnt pas comme luiisance iiavale, on ils n'avaient de marine et de tribunaux de jirise (jue sur le ])apier."^ This luecipitate and unfriendly act of Great Britain did ii(>t go forth alone. On the Uth of May, 1801, five days before the re- ceipt of the autlientic copy of the President's Proclama- tion, Lord John llussell instructed Lord Cowley, the British Ambassador at Paris, to ascertain whether the Ln[)eiial 'Annual Jtcssagc of tlic President to CoiJ<;i-ess, liiGi). -Mr. ri.sli to Mi-. Motley, September 525, 18(i9. A'ol. VI, page 4. nir. I'isli to Mr. Motley, May 15, 18(Ji>. Vol. VI, page 1. *Dc In ueiitralito de la Gninde-Bretagne ])endant la gnerrro civile amdricaine d'apr ^ M. Montague litrnard, par G. Eoliu-Jacqueuiyus, page 11. 'Ir. Kf.'liri-JiWnut'- l;ril)tiiiii IVoin I'iicli of tlu^ lM'lii;;('i'('iits (o/^.svrrr lltttt the iiiKurficiitu inrc s/i/lcd ^^ hrllipircntu''^ seven dojin in ((drnitvv of the (Jiiccn''s prorl^iii(ioii ol' th»! second and third artich'.s of the J)cchiration of I'aris."' Thi.s proposilion to open direct neji'otiatioiis *\vith the insiir- [(JO] fjcnts was l!i(^ second step in the Joint action \vhicli I'ad l)een aj-rced upon. I'or reasons which Ilcr ]MaJcst_\'s (lovernineiit is in a position to e.\i)iaiii, but which can only be conjectured by the United States and by tiie Tiibiinal, care apjiears to have been tal;en to ))r<'vent the kno\vIed,i;(' of it frtini reaching the (jovernnicnt of the United States. On the receipt of the information from Lord ('owh\v. Lord Jolin lius- sell i»repared at once a (banjiht of instructions to Lord Lyons, tlie Jbit- isli .Miiiisler at Wasiiiiij^ton, and, on tln^ Kith of iMay, sent theui to Lord Oowlcy to be snlniiitted to the ICinperors (loverniiient.- On the next day Lord Cowley replied (hat he liad seen M. Thoiivenel, the Minister for I'^oreijiii AH'airs, ami addeht." On the IStli of May Lord John Ilussell hastened to send his instrnc- ti(vns to Lord Lyons.'' lie told him "to en(!onra,!4e the (loverniiK'nt" of the United States "in any disposition which they might evince to recogi!i;;e the Declaration of Paris in *regard to |)rivateeiing ;" [(57] and he added that '• Ilcr .Majesty's Clovernment do not doubt that they will, without hesitation, recognize the remaining articles of the declaration."' lie continued: "\'on will clearly understand that Her Majesty's (loveriiiaeiit cannot accept the renunciation of privateering on the ])art of the (loverniiient of the United States, if cou])!ed with the condition iliat they should enforce its renunciation on the (Joniederato States, either by denying (heir right to issue letteis of mar«pie, or by interfering with the belligerent operations of vessels holding I loin them such letters of niai(|ue;" and he closed by instrncii'.g Lord Ijyons to take, such means as he might Jmlge most e.\pi 'bent lo transmit to Her Majesty's C'onsul at Charleston or Kew Oilcan,- a eo])y of a previous dispatch of the saim^ day, in order that it nii<,lit be comnninicated to Mr. Jell'erson j)a\ is a.t jNIontgomery. Lord Lyons had no instriuitions to show to Mr. Seward the dispatch from wliich these citations have been made, and it evidently was contemplated that he should not ex- hibit it. He was, however, to read to him the previous instructions of the same date referred to in that dispatch, and to leave a coi)y with him, if de- sired. These jircNious instructions, numbered l.'JO, may be found on the lOTth page ol the first of the accom^'panying volumes. It [G8] was not only to be shown to Mr. Seward, but a <.*o|)y of it was to bo Hhown to Mr. Jell'erson l)avis.=' The attention of the Tribunal of Arbi- » Vol. I, iiagc 49. '2 Vol. I, pago .'■.0. 'I Vol. I, iiiigc 51. TTNFRIKNI)LIM:SS of CRKAT I'.IIITAIN, 3.T tr.itinn is, in tliis (tomicctioii, inMliciiliiil.v iiivit(» pint of (lie lirilisli (iovcnitiiciif to ])iu itself in (■oiiitiiiiniciilion with \\u'. iiisiiiv.iciil iiiitlit'iitii's, ii(>tlii!i,u' to iiidiicc .Mi'. ScwMid to tliiiiiv lliiit 1Ik\v were lit licr tliiiii wliiit, on tlicir lacr, tli<-.\ |iiir|ioi't('(l to he, n coiiniiiuii ciitioii tVoiii the (loviMiiliifiit o!' (liciit i>iit;iiii to tlic ( lo\ riiitiicnt of tlu^ I jiiii'd Siiitcs, tlii'oii<>'ii till' ordiiiiir.v tliploiiKitic cliiiniicl. It is not iiii|ii'ob:ii>k> t'lat tlic Ailiitratoi.s iiiiiy Im> of ojiiiiion tiiattlio nsc of tiic IJiitisli Li'.uiitioii at W'asliiii^itoii lii tloiny' in the sauu^ [09] *iiiatter simultaneously with the iiroc(>ediiiX''< which ]ia\t! been detailed. In the year IS,"* I the Clovernment of the United Slates submitted to the principal maritime nations twea<;e of 185(i was made, ( treat Britain ami the other nations, parMes to t!u'Con,i«'i'ess, oave their assent to them, and to twoo1heri)ropositions — the abolition of privateerinf-', ami the necessity of efiiciency to the lej>ali/.at ion of 11 blockade. It was also ajir(>ed that t!u5 four projxjsi- tioiis should be niaintaiiieil as a whole and indivisilile, and that the I'owers who mij>ht accede to them should accede to them as such.' Great Britain then Joined in invitin;;' the lJiiiteive its ad- hesion to *he four indivisible i)()ints. The Washinjiton Cabinet of that day replied that the United States was williujL; to assent to all the [70] propositions, except the one re*latin.t!: to privateerinji', as being-, in fact, reeof^nitionsol" i)rinciples which hail always been maintain- ed by them ; but that they could not consent toabolisli privateerin.u' with- out a further agreement to exempt private property I'rom captiiie on the hif>h seas ; and they proposed to amend the deehiration of the donsress 01 Paris iu that sense, and offered to give their adhesion to it w hen so amended. In .Jannary, 1857, the projiosals of the United States not having been acted upon, their Minister at London was directed to suspend negotia- tions until the new President, a\Ir. Buchanan, couhl examine the sub- ject ; ami the suspension continued until alter Mr. Lincoln was inau- gurated. On the 24th of April, 18(51, less than two months after Mr. Lincoln's ac- cession to power, Mr. Seward resumed the suspended negotiations by in- structing Mr. Adams'- (similar instructions being given to tin; JMinistersoi the United States to the other maritime powers) to give an uy(iualitied ' 24tli Protocol, April IG, 1850, Congress of Paris. • Vol. I, page 44. S. Ex. 31 3 34 UNFRIENDLINESS OF GREAT J3RITAIN. I ^1 iissent to the four propositions, and tobrinfjllio negotiation to a speedy and satis!ii('tor\ (lonelnsion. Owiiifi', piohaMy, to the interrnption in tlio connniinications between Wasliiiifjilwii and New York wlien the dispateh of .\])ril 21 was written, -Ml'. Adams does not appear to nave been abU' to *('oni- [71j r.junieate his instrnetions to Lord John Kussell bel'ov(^ tlie 21st of May. lie then infornu'il Lord dohn that lie had reeeiv<'d instrnetions to nejiotiate, wliieh he wonid '•• snhuiit to his consideration if there was any disposition to pnrsiu' tiie matter fnither." Lord dohn linssell ''ex IM'esseil th(^ willingness of (Ireat liritain to neiiotiate, bnt he seemed to desire to leaxc the .ud)jeet in the hands of Lord Lyons, to whom ho intimated that he had already transmitted anthority to assent to any inodilieation of th(M>nly point in issne which the (Government of th(> United .States nnj^ht jn-eter."' He did not iid'oiin .Mi'. ^Vdams that he also pro]>osed to o|)en neyoliations with the insnrj^ents, nor ha«l yiv. Adams reason to siKsi)eet that tact. Matters were thns suspended in London, to eiud)lo Ijord Lyons to work ont Lord John linssell's instrnetions at W'ashinj^ton and in liieh- tnoTid. Lord Lyons re(!cived the disj)atches of the ISth of May on the 2d of .Fjine,-' and at once (conferred with .Mr. 31ereier. Jt was aj,'reed that they slionld try to mana.si'e the bnsiness so as to prevent "an inconven- ient ontl;reak from the (lovernment "' of the L'nited States. Jle then m)tilied \vav\ IJnssell of what tli(\v i)i'oj)(»sed to do, ami inlbrmed him of the instrnetions to JMr. Adams on this snbjeet. lie also intimated that it wonld be nnreasonalde ''to expect that the insnrj;ents [72] should al)an(lon ]n'ivateerinj4, nnless '-in retnrn for some ^reat concession.'' What (concession remained to be given (>X(;ej)t recognition of national indei)endem'ef It was n(»t nntil the l.">thof Jnne that Lord Lyons and INFr. Mercit r comnundcated the jtniport of their instrnetions to Mr. Sew- vu'w'w,u''.Mr.' '.' w ard in a Joint interview, of which we have ^Ir. Seward's acconnt' and Ijord Iaoiis's acc.-oiiiit,' both dated the 17th of Jnne. These acconnts do not dUfer materiaiiy. The ac'tion as to the British Minister was this: Lord Lyons stated liiat he was instrncte(!, in onler that he might more intelligently in- strnet Mi'. Adams. The instrnetions tlierlated that they would proceed to issue letters of maniue. and intended to legalize those letters in the eye of ]iritish law, and to countenance the bearers of them in the destruction of American coui- meice. Meanwhile Lord Lyons had not forgotten liis instructions to secure the assent of ^Mr. Jellerson Davis to the second and third rules of the J)e<'laiation of Paris. On the 5th of July he sent instructions to 3Ir. Ibinch, l>ritish Consul at Charleston, to "oI»tain fnun the existing governnu'nt in thosi' [the insurgent] States securities concerning the [75] proi>ef treatment of neutrals."' He inclosed a copy of *Lord liussell's I'M. He advised 3Ir. Lunch not to go to IJiehmond, but to comnuinicate through the governor of the State of South (Jarolina, ; and he accompanietl this with ''a long private letter on the same sub- ject." ^The nature of that private letter may be gathered from what Mr. Bunch did. He put himself and his French colleague at once in communication with a gentleman wlu» was well qualified to serve his puri)ose, but who was not the governor of South Carolina. They showed to this agent Tiord John Russell's dispatch to Loid Lyons, and Lord Lyons's oflicia! and private letteis to Mr. Bunch, and they told him that the step to be taken was one of " very great signilieance and imi»ortance." The agent asked them whether they "were prepared to receive an ollicial act which should be based upon their request, thus giving to the Coiiteder- ate Government the advantage before the worhl (,f such an imidied re- cognition as this would afl'ord." ^ They replied that they "wished a sjtoutaneous declaration ;" "that to make this request the declared basis of the act would be to iiroclaim this negotiation, and the intense jeal- ousy of the United States was such that this would be 1'o1Iow(,m1 by the revocation of their exequaturs," which they wished to avoid ; that could N'''?'Hi ttioni llirlnijnll.l. ' Vol. I, puji ! 71. « Vol. I, page 1211. 3 Miiimscript in Depaitaient of State. 36 UNFRIENDLINESS OF GREAT HRITAIN. only look upon tliir, s^-p as tlio initiative toward a i 'co publicity to this negotia- lion ; tha*^ we nor our (i(>vernnients should b(» upon the record."' Their ai>ent, beln^' thus possessed of their views, went to liicluuond, with ijord Lyons's letters and Lord Ifussell's dispatch, and whll(> there lie .secured the passati'c, in the insur.i>ent cou.ni'css, of resolutions partially .Irau.i'hted by Mr. .lelferson Davis, which declared their purpose to observe i)riuciples toward neutrals siuiihir to the second and third rules of the Declaration of l*aiis: that blockades to be bindin.iX n)n»t be ellectiial ; aiul that they '■'■ maintained the riglif of prirtdccrinf/.^'' In coni- iinini<;atin.i'; this result to Lord Lyons, iMr. J>unch said, " The wifslics of Her Mritain was thus to gain the beni'lit tc its neutral commerce of the recognition of the second and third ,'nticles, the rebel privateer cruisers were to be jirotected, and their devastation legalized, while the United States were to be deprived of a dangerous weaj)on of assault ui)ou Great Dritain. When the whole story t)f these negotiations was uiulerstood by ]Mr. Adams, he wrote to hisCiovernnu'nt as follows: ' " It now appears plainly enough that lu', wanted, from tfie first, to ge-t . the fust article of the Declaration of Paris out of the nego- tiation altogether, if lie could. l^)Ut he did not say a word of this to me atthe outset, neither was it consistent with the position hereto Mr. .V.I.-.iuh' ini'iiii. II ' Uiiiuililislicd numuscript in the DcpiirtiiK'nf of State at Wa.sliiiigtDii. - Vol. 1, page i;{7. ^ Vol. 1, page i:{(). * Vol. I, page 103. UNFRIENDLINESS OF GREAT BRITAIN. 37 fore tfikoii rcspcctiiis' tin* iKH-essityof a('C('|)tin' or the other. Substantially, incU-ed, he mif>ht mean tliiit the "icneral law of nations, if ailirnu'd between the two CJovern n.ents. would, to a certain extent, atlaii) the object of tlie iirst aiticleol the Declaration of Paris, without the adoi>lion of it as a new prineiiik*. I>ut he must have known, on the day of the (hite of these instructions, ivliich is the rtrji da)/ of his first confvnncc irilli nic, and four days aftei the issue of the (^)ueeu's Proclamation, that the Government of the United States contemplated, in the ])endin^' stiu.u\ule, neither encomaj;- inf>' privateers noi' issuinji" letters of niar(|ue; hence that such a i)ropo- sition would only complicate the nej^otiation for no usdid ])urpose what- ever. Picsides which, it should be borne in mind that the e1fe(;t, it ado[>fed, would have been, instead of a sin)i)le adhesion to the Declara- tion >'-■ i^n■i^■., to render it necessary to reojx'U a sericvs of n(\i;()tiatinns fo ■)■ ni-'iiiication of it between all the luimerons parties to that instru- Diviit. .iloK .)ver, it is admitted by his Lorckship that no ])owers had been f;iven to inake any convention at all — the parties could oidy a.nree. Yet, without such powers, whai was the value of an aj!>reement .' I'or th(^ Declaration of Paris Avas, by its very terms, bindinji' only be [80] t ween parties who acceded to it as '''a whole. Ili'r ^lajesty's (Jov- ernment thus i)laeed themselves in the ])ositi(m of a jiarty which l>roposes what it jiives no authority to perlbini. and which ne,!j,()tiat' s ujion a basis on which it has already deprived itself of the power to conclude. '• How are we to reconcile these inconsistencies ? r)y the terms of the QucM'n's J'loclamation his lordship must have been aware that (Ireat Dritain had released the United States from further .esponsibility for the acts of its new itiade bellijierent that was issuinj>' letters of niarcpie, as well as from Hie ])ossible oifensesof privateers sailinji' under its Shv^-, and vet. when nvernment of the iled States uie a nd Si. i|. receive the ver; it mi^^ht i)ossil. (lovernment of ller ^Majesty cannot consent to t^ that they have been all along askinj>' for, because '1 them to deny to certain privateers the ri;;hts which may acci lie *.) them by virtue of their voluntaiy recognition of them as be!onginj>: to a belligerent ])owei'. Yet it now appeals that, on the ISth ol 3Iay, tlie same (iovernment was willi^ig to reaflir ii the law of nations, which viituaily involved the very same diil'Mndty jn the one hand, wliik' on the other' it had given no r,owers to negotiate a new con- vention, but conteiiii)Iated a sim])le a. in llii' Tri'lU illi.iir. ;iiiil lo- v.T.rd vinhilcu-H of llri'i,-li [ii'iilnilily in ihe in^ui.;i'iit iiilci- I'St. But neither in one case nor in the other was there the smallest iiitima- tion of a desire to put in any caveat whatever of the kind projjosed in his last declaration. Tliat seems to have been an aft<'rthouinht, sug- gested when all other obstacles to the success of a negotiation liad been remo\ed. "That it originated with Lord Knssell I cannot credit consistently with my great respect tor his chaiacter. "That it was suggestc'd after his proposed (;;>nsultation with his col- leagues, and by some member who had m view tlu^ defeat of the nego- tiation in the interests of the insurgents, I am strongly inclined to believe. The same inlluence may have been at work in the earlier stages of the business *as well as the latest, and have communi- [82] cated that unecMtain and in^lirect movement which I have com- mented on, not less inconsistent with all my notions of Ids lordship's character tlum with the gen<'ral rei)utation of JJritish policy.'" The partial ])nrpose which was thus disclosi'd in the; first olhcial act of the Queen's (Jovernment, after the issue of the i)roclama- tion of neutrality, appears often In the subsequent conduct of that (Government. Tiius, when, a few ; . ' later, an ofticer of the Navy of the Unit«Hl States had i,. Irom the deck of a Jbitish ves- s(>l on the high seas four |,, minent agents traveling on an errand that, if successful, would lesult in disaster to the Uniied States, against which they were in rebellion, the course of the JJritish Cal>inet indi<.'ated an unfrieiMlliiiess so extreme as to approach to a desii'c for war. Tli(! news of this reached both countries at about tlui same time. In the United States, whiU^ there was some excitement and some Jiiani- festation of ])leasure. Lord l^yons bears witness to the moderation of* the tone of the i)r«'ss.' ]\Ir. Seward immediately wrote Mr. Adams to ac(praiiit him that the act of Captain Wilkes was unauthorized, and Mr. Adams communicated this fact to Lord Itussell.- * The excitement in Englaml, on the contrary, was intense, and [S,")] was fanned into animosity by the jtress. Although without in- formation as to the purpose of the (lovernment of the United States, perem])tory instructions were immediately sent to Lord Lyons to de- mand the release of the four gentlemen, and t< Iwive Washington with all the members of the legation, if the demand was not complied with in seven days.'' in anti(Mpation of a refusal, vessels of war were hurriedly fitted out at the naval stations, and troops were pressed torward to Canada. In the midst of this i»reparation Lord liussell received from 3Ir. Adams oilicial injbrmation that the act had not been autliori/.ed l)y the Govern- ment of the United States; but this intelligence was suppressed, and public oi»inion was encouraged to drift into a stale of hostility toward the United States. The arming continued with ostentatious publicit,v; the warlike i)rei)arations went on, an. 1(1. - li^iiil liussi'U to Lord Lyons. Siuno, piijjc 11. ^ Earl liussell to Lord Lyons. Bluo Book No. 6, Noitli Anioricu, 18l>'2, pngti IJ. UNFRir.NftLINESS OF GREAT BRITAIN. 39 t i nti ma- il )o.s{mI iu ulit, sug- liid been sisteiitly 1 his col- he uego- 'lined to er ,i- [82] in- ordship's licinl act froclainii- condncb Nivvy of itish ves- iiji' on an (1 Sillies, I Cal.uix't lesin; lor line lime, me niani- ration of" Mliiins to 11 id Mr. I [H-A] Stilt es, to de- with all with in tted ont ida. In Adiiiiis iovern- sed, and toward l)lieit,y ; tionw to ioliition by the <1 _m ica, ISOa, 3. linm Scott,^ with its conrse e()neeriiin,ij the open, nndisjinised, oft-ro- peated, Ihijurant, and indoieiisil)l<» violalions of IJritish sovereiiiiily by the ajients ot tlii' iiisiirj;eiils in Liverijool, in Cilasgow, in London, in Nas- sau, in l>erinnda, it may almost be said wherever thi! IJritish llaj>' could yivethem shelter and i)rot('eiioii. When tho information as to tiie Flor- ida was conveyed to Her Majesty's Principal Secretary of t.tate lor For- eij4'" Ali'airs, he interposed no objection to her sailiiijj; from Liv- [S~)\ erpool. \Vlien the oxcrwlielmin;;- *inoof of the complicity of the Alabama was laid before him, he delayed to act until it was too late, and then, by his nej^h'ct to take notice of the notorious criminals, he en(!onrayed tlie guilty Laird to construct the two rebel rams — the keel of one of thom being laid on the same stocks from which the Ala- bama had Just been launched.- When the evidence of the character ai'il destination of those rams was brought to his notice, he held it for almost two months, although they were then nearly ready to go to se-it, and then at lirst refused to stoj) th{>m. \^'iser and more Just counsels jnevailed four days later." And w hen Mr. Adams, nmler instrm^tions from his Govoinnient, transmitted to Earl Kussell convincing prool' of "'a deliberate attemiir to establish within the limits of this kingdom |(ireat Britain | a system of action in direct hostility to the (Government ol' the United States,'*' emlnacing '-not only the luiilding and litling out of several ships of war under the direction of agents esi)ecially com missioned for the i)urpose, but the preparation of a series of measures under the same auspic<'s ibr the obtaining from Her ^lajesty's subjects the pecuniary me;ins essential to the execution of th(i>e hos'ilo in'ojects,""' Lord L'usseU lelused to see in the inclosed pap(>rs [SOj any *evideiice of those tjuits worthy of his attention, or of the action of Her .Majesty's (iovernmeiit.'' It is not surprising that the consistent course of jiartiality toward the insurgefits, which this Minister e\'nced throughout the struggle, should have drawn fioin Mr. Adams ihe des[tairing assertion that he was '' perniirting himself to be deluded by what I cannot helj) thinking the willful blindness and credulous partiality of tie J3ritisii authorities at Liverpool. From cxix-riciicc /;• the punt I hare i,tile or no conjidincv in any ajyplication that mat/ be made of the kind.-''' The prob- ' Tho Atlanta, () t'liJiilf's Udbiiinoii's Kciiorts. i»ap' 1 10. On the ircoi])! ol' tin? novvs in London, llu' Tunes of Xuvcnihi'i' 'J.-^, isiil. juililislK d a li'ailin;;- aiticlc wliicli (.oii- tainctl .some Ktatcnionts worthy of note. AniKnij other tliiiij^s it said: '• I'nwcli'onioas ti'c truth may lu', it is ncvcnlifloss a trnt'i. tliat: wo liavc onrsdvi's estalilislied a sys- tem of Inteniatioual La\\ wliieli now tells a<;ainsl ns. In hinli-haiided and almost deypolio maimer we lia\e, in JDrniei- days, elaiined iuivilej;es over neutrals wliicli liavo at ditlereiit tunes handed all (lie mi'.ritimo powers ot tin; world against ns. We, have insisted even ujjon f.toppin.u the ships of war of neutral nations, and takinjj; I'lritisli sidi.jeets (Hit of tln'ni ; ami an instunee is ^iven liy .leHersoii in his Memoirs in which t.wo nepln-ws of \Vashini;toii wert imjiressed liy onr eiuisers as tiny wore retnniinj; from KiU()})0, and iilaeod as eomnion seamen iiiKler tlio dis(i))line of ships of w;ir. We liavc! always tieeii ilio sironnons asserters of llio ii:;htsof liolIi;j;erents over iu;ntra!s, and the deeisions ot onr ciants of law, as they must now ho eiied by onr law otlieAjrs, have hoeii in conliriiiat ion of these miroasonahle claims, which have called into bi;in<; confederations and armed neutralities aj'ainst ns, and w hieli have always heon nnxli- lied in practict! when wc were not supreme in our hman and every Frenclunau cannot hut foel to ho injurious and insultiu}j;." See also tho oasi; of Henry Laurens, I)i[». (.'or. of Rovo- liition, Vol. I, page 70r*, vt ncq. •Mr, Dudley to Mr. yowurd, Vol, II. pajjo M'k 'Vol. II, page 'JiVi. * Vol. I, page .'itl'v', ■■ Vol. I, pago Cili-i. " Vol. I, pago 578. " Vol. I, pago 55J"J. ■^ 40 UNFRIENDLINKSS OF GKKAT BRITAIN. :i able ('X])laiiation of Lord Iin.sscir;^. cotnsc is to be foiiiid in lii.s own (loclavalioii in tlic lloiisc ol LokIs: "Tlu'ic niny be one end of tlie war that woidd ]>rove a calamity to tlie United States and to liie world, and especially calamitous to the ne^i-o race in those countries, and th;'.t would be the sui)jn<^atiuidan(!«', but Ibr the exertions and saerilices of the people of the United States, migli*. have pu'Nentcd it. The insincere neutrality which induced the Cabinet of London to hasten to issue the Queen's rroclamation n])on the .o-i'-; •.I'i^lu^'im'ui; eve of the (fr//»w, c'est le Juj^e qui, dans I'apolojiue de l'hi;itre et les i)laideurs, avale le cont<'iiu du molliisque, et adjuj^c, les ecaillesaux deux beliijjercnts. 11 n'est d'aucun l)arti, nuiis il s'eni^raisse scrupuleusement :iux dejicns d(^ tons deux. Une Telle coiiduite de la pait d*un .urand people ]ieut etreaussi conforuM' aux jjrecedents (]ue (;elie du venerable inayistrat dont i)arle la fabit'. Mais (piaiid elle se fonde sur une loi jiositive, sur uno re,uleadinise, c'est line jireuve (pie cette re.^le est niauvaise, couime coiitiaire u hi science, ii la di,unit('' et a. la solidarite luiinaiue.'"- This feeliii,u' of i)ersonal unfriendliness toward the Unit^ed States in the lea(lin,u' nu'mbers oi' the British (lovernnient continiu'd durinf>' a lon^' portion or the whole of the time of the commission or omission of acts hereinafter comj)iained of. Tluus, on the J 1th ar 1801, Earl liussell' ivm.f orn„r,i.„,i. .saiid)lie speech made at Newcastle: "We bori'''!i'1i.V\'/nu':h I'O^v see the two parties (in the * United States) eon- [8SJ '^•''""'^^' tendin.n' to.uether, not upon the «pU'stion of slavery, thoujih that 1 believe was probably .he oiij;inal cause of the quarrel, not contendinji' with resjiect to free trade and ])roteclion, but eontend- i:ij>:, as so many States in the Old \V(uid liave contended, the one side tor empire and tlui other foi- indejiendence. [Cheers.] Far be it Ironi ns to s«'t ourselves up as jud.ucs in such a contest. But I cannot help askin.u' myself freipieiitly. as 1 trace the pro.uress of the contest, to what good end can it tend .^ |IIear! IlearlJ Supposing' the contest to eiul in the reunion of the diflcrent States: supposing' that the South slnudd agree to euti-r again the Federal Union v.iih all the rights guaranteed to her by the Constitution ; should we not then have debated over again the fatal (]uestion of slaxery, again juovoking discord between North and Soutli ^ * * * But, on the other hand, supposing that the Fed- eral Government completely concpu'r and subdue the Southern States; KUl'ijiosing that be the result of a long military contlict and some years of civil war; would iu)t the national juosiierity of that counti-y, to a great dcgi'ce, be destroyed i If such ari' the unhappy result> which alone can be looked forward to from the reunion of thesiMlilierent parts of the North American States, is it not then our duty, though our voice, and, indeed, *the voice of any one in this [89] country, may be little listened to — is it not the duty of men wiio UNFRIENDLINESS OF GREAT IMUTAIN. 41 ■were so lately frllow-citlzens — is it not tlio duty of men who profess ;i r(';;iii(l for the ]>riiieii)les of Christiniiity — is it not the duty of men wlio wish to i)n'scrve in i)eri)etnity the saered iiiheritaiice of lilx'rry, to en- deavor to SCI' whether this sanj^uinary eonllict trannot be put an end to '.'" ]Mr. (lladstone also spoke at Newcastle on the Ttli «lay of October, 1.S(5l'. It is scarcely too much to say that his lanj^ua.ne. as well as nuich of the otiier lanjiiia.u'e of members of Her Majesty's liovcrnmcnt hereiii (]uote(l, miiiht well have been taken as oU'eiisive by ti:c L'niled States. lie said : ' '• We may liave our owti opinions about slavery : we nniy be. for or ajrainst the South; but there is no doubt that -lellerson Davis and other leaders of the South have made an army, Tiiey are nudy the North. If it were possible tliat the Lnieu could l)e re fornu'd ; if tiie old feelin<4S of atn-ction and at- tachment toward it could be revived in tln^ South, I, ior one. wonhl lie j^lad to see the rnioii restored. If, on the other hand, tin' North were to feel tlia.t separation was linally decreed by the events of the war, I sinudd be ,uiad to see peace established upon those terms. Lut there may be. I say. one end of tluj war that would i)rove a calamity to the United StaJes and to the world, and esiiecially calanutous to the nei-ro race in tho.se countries, and that would be the subjugation of the Soutli by the North." Jn a spiiited lying to nw^ or to somel)ody else, which was utterly uncalled for. [Hear!] 1 have only to say that I would rather be han ' (l down toi)Osterity as the builder of a do/en .Vlabamas than fis the man who applies himself deliberately to set class against class [loud cheers] and to cry up the institutions of another country, v. hich. when they come to be tested, are of no value whatever, and which reduced liberty to an utter absurdity." [Cheers.] Two years later, on the liUh day of March, 18G5, the course of this mendter of the Ilritish House of Commons, and thi.s extraordinary scene, were thus notictd bv jMi-. Bright : ^ "Tnen I couu' to the last thing I shall mention — to the question of the ships which have been preying upon the commerce of the United States. I shidl confine myself to that one vessel, the Alabama. She was binlt in this country; all her munitions of war were from tiiis country ; almost every man on board her w as a subject of Her Majesty. ' Loiidon Times, Octoltor d, 18(i2. ^Loiuhm Times. Murcli 28, 18G3. ^Voh IV, pns'' r):5.5. < Vol. V, [);ige ()-ll. 42 UNFRIENDLINESS OF GREAT KRITAIN. i:' Slui sailed from oiio oC our vMof ])()rt.s. Slic is rcportcMl to Iiavo been l)iiilt by a *(lnii in wliom ii iiiciiibcr ot'tliis House was, and, [1)2] I pit'suMio is, iiitcresU'd. Xow, sir, I do not coniplnin, I know thai once, wlion 1 rolornsd to this (lucstion two years aj^o, when my lion- orablo friend, the member lor liradlbrd, broMi>Iit it forward in tiiis House, the honorable member for lUrkenhead |Mr. LairdJ was excessively an j^ry. 1 did not (!omi)lain that the mend)er for liirkeidiead had strui-k up a friendship wit li ('a])tain Seiumes, who may be described as another sailor once w;is of similar pursuits, as beini;' 'the niiUlest mannered man that over s(Mittled ship.' Therefore I (U) not complain of a man who has an ncciuaintanee with that notorious ])erson, and 1 do not complain, and did not then, tliat tlu^ member for JJirkenhead looks atlmirin^ly up!)n the j^realest example which men have ever seen ot'the fiieatest crime which men have (>ver committed. I do not complain even that lie should ap|)laud that which is founded upon a fiij^'antie tralfic in livinj»' llesh and blood, which no subject of this realm ean entei'into without beinu' deemed a lelon in the eyes of our law and i)unished as such. But what 1 uecn. I have another comfdaint to make, and in allusion to that honorable member. It is within your recollection that when on the foiiner occasion he made that speech and defended his course, he declared that he would rather be the builder of a dozen Alabamas tliau do somethin.ii' which nobody had done. That langua.y'e was received with repeated cheering' from the opposition side of the House. Well, sir, 1 undertake to say that that was at least a very unfortunate cir- (tumstance. and I b(\^- to tell the honorable ji'entlemau that at the end of tlu> last session, w hen the jiieat debat'3 took ])lac<^ on the question of Dennmrk, there wcn^ many men on this si>untries. We uiiderst.iiid, however, the ol)ject of these i)ro- ceedings in the present instance, and therefore we do not feel that irri- ' Vol. IV, ))ago 5'.]0. UNFRIKNDLINKSS OF GRKAT BRITAIN. 43 my bon- i llouso, ViinjiTV. u'lc lip a ('!• siiilor mil lliiit > lias iiii , i\n(l should Icsli iuul ;• (U'OHU'd hilt i «lo inbiT i'or Ahatever as [9;} J ak viiational 11 of Neu- 1 allusion when on ■ourse, be mas than lC'('C'iV(Hl 0. Well, \tv cir- 1k' v\u\ of lu'Stion of o had no of ollicis ey folt it nto ottice ho could ni- iv- [i)4] M tation viiit'h niiftht otherwise bo excited. But if this cry is raised for tli<^ purpose of drivint'' Iler INlaJesty's (Sovernntent totlo somelliinjj: which may be coutraiy to the laws of the country, or which may be derojiatory to the dij;nity of the country, in the way of alterini; our laws for [!)."»! the purpose- of ])leasin,i;' another };ov*ernnient, tlien all I (^an say is that such a course is not likely to at'complish its purpose." On the .'JOth ol .June, IHO.'J, Mr. Gladstone, in the course of u long sijcecli, s lid: " Why, sii', we nnist desire the cessation of this war. >so man isjus- tilied in wishin;;' for thect)ntinuance of u war unless that war has a Just, an adeciuate, and an attainable ol)ject, f(n' no object is a(h'(|uate. no object is jtisr, unless it also be attainable. We do not believe tijat the icstora- tion of the American Uidon by force is attainable. 1 believe that the ]»nblic opinion of this country is unanimous upon that subject. [No!] Well, almost unanimous. I may be ri.uht or 1 may be wron.y' — 1 do not l»retend to interpret exactly the ])nblic opinion of the. country. 1 ex- jiressin re.uard to it only my inivate sentiments. ]>ut J will j^o one step further, and say 1 believe the ])ul)lic opinion of this «-ountry bears very stronnly (Jn another niatter upon which we have hearcl much, namely, whether tluMMimncipation of tlu^ neyro race is an ol)jectthat can be !e^;itimately i)ursued by means of coercion and bloodshed. I do not beli('\ethat u more fatalerror was (>vercommitted than when men — of hi,i;h intelliticnce I yrant, and of tlu^ sincerity of whose jthilantln'opy I, for one, shall not venture to whisper the smallest doubt — [!l(,^ *came to the conclusion that the emancipation of the ne,!;To race was to be sou.iiht, althouj;h they could only travel to it by n sea of blood. J do not think there is any real or serious ground for doubt as to the issue of this contest."' In the same debate, Lord Palmerston, with an niuisual absence of caution, lifted the veil that concealed his feeliui^s, and said:- "^'ow, it seems to me that that which is rnnninn' in the head of the honorable .gentleman, [Mr. Lirij'ht,] and which j^uides and ' classes of the J-^mpire; and the United States have l)een forced with sincere rejiret to the eon- vii'tion that they did express th<> oi)inions and wishes of much of the cultivated intellect of Great Uritain. The I'nited States would do ^reat injustice, how(»ver, to the senti- uu'Uts of fheir own peoi)le did they fail to add. tl:-at some ol" the most ehxpient voices in l*arliament were raised in bi-half of the principles of freedom which they represented in the contest; and that members ot tlu^ {govern iuj;" (classes most ehnated in rank and distinguished in intel- lect, and a lar.L'C part of the indiistiial classes, were understood to sym- pathize with tliem. They cannot, however, shut their eyes to the fact, au!>) unfriendly acts and omissions which resulted so disastrously to the United States. The L^uited States conplaiu before this Tribunal only of the acts and onnssions of the British Goveiiunent. They refer to the expressions and statements from uuoilicial sources as evidence of a state of public oi)inion, which would uaturally encoiu'aii,'0 the nu'mbers of that Government in the policy and acts of which the United States complain. It is not worth while to take up the time of the Tribunal of Arbitra- tion, by an in(piiry into the reasons lor this early and lonj>-coiitinned ludriendliness of the British Government, toward a jvovcrnuuit which was supposed to be in symi)athy with its ])olitical and moral ideas, and toward a kindled peo[)le with whom it had lonji' maintained the attitude of friendship. They may have been i)artly political, as exjjressed in Parliameid by an impetuous UKMuber, who spoke of the burstinj^' of the bubble rei)ublie,' (lor which he received a merited rebuke from Lord John Biissell)-'; or they may have l)eon those Vol. V, page 671. UNFRIENDLINKSS OF GRKAT URITAIN. 45 ■ the load- 'vston Wiis 1(», ilt tlic innioiis iis , riiiici|i;il li the i'.\- iniiciit on stati'siiu'ii tlic lUiil [08] iiiid ,'st bcpm. •hictcouu- f^Clltlt'llU'll II' Eiiii»irt' ; to till' coii- ucli of tlu' tlio sciiti- il' the iiiost lill<1 to syiii- to the I'iK-t, , that, with )niitiy,iui(l I which the ihlii; I the [i)!»l ly to is Tiil)uiiiil They lelei videiiee t)f e ineinbers itetl States of Arhltra- -continnetl leut which i(h'as, atui le attitiuh' jji'essed in tiii^' of the nun Lord Hit rebuke ]Mar(iui« ot [the tlii.s [100] jieat )ther hand, ourselves:" vear, when .■«, siviiiir.' " It was the ^Tciil objeet of the Ibitish (lovernnient to pres(»rvo foi tliesubject llie seeniify of trial by Jury, and for the nation the legi- timate and lucrative trade of ship-buildiu.L;." Witiioiil laMsiiiiij;' an in(|uiiy in this direction. which, atthe best, would he nro'itk'ss. the United States invite the careful iittcntion ' I ' ' , 1 • 1 • I • (. nne|ii«ioii». of llu Arbitrators to tli<' tacts which appeal' iii llie previous p;iu('s()t iliisCase. In appoachinj^ the consideijit ion of the third branch of tlie subjects herein discussed, in which the I'liited States will en- deavor to showthat (ireat Ibitain failed in her duties toward the United Stiiies lis those duties will be deliiied in the f.ecoiid branch thereof — tho Tiiluiiial of Aibitration will liiid in these fjicts circumstances which could not but inlluciK'e the mindsof the itiemlx'rsof Her .Majesty's (lov- eriimeiit, aiid induce them to look with disliivor upon ellbrts to [101] rei)ress the attempts of iJiitish subjects, iind of *ot her persons, to violate the neutrality of Jbitisli soil and wat«'r.s in favor of the rebels. Some of tlu' members of the llvitisli ('.everniiient of that day seem to have iinticipated the coneliisiou which must inevitably be dniwn Irom their aeis. should the iiijuries and wroii.us which the lliiiteut it merely upon the particular transae- tion relative to the Alabama. I insist upon it in that cas(^ undoubtedly ; but 1 contend that, from befiinnin^i' to end, you had an unduo [102] preference and predilection for the Confederate States; *thatyou were therefinc not loyal in .vour neutrality; and 1 aitpeal to the ]>rocii)itan('y with which yon issued your Proclamation, thereby invnlv- iii!>' a recojjiiition of the Confederate States as a belli^icrent power, as a l)roof of your insiiiceiity and want of impartial attention.' And now, could we prevent him from usinji' Diat document for such a purpose? How unreasonable it was to siiy, when you go into arbitration, you shall not use a particular document, even as an argument ujjon the qiu'stion whether there was sincere neutrality or not."^ Such is the use which the United St"'r,-:!Z'- jiiii, iis a neiitrid, shonhl Inive ()hserve\\'iird th«' United n'nJ!r"tt.."'i '.*"<" Stales (hninji' tlio contest. lJo\vni/('d. Tho Un' I Slates will pursue the examination in this order. They find, first, an evidence of Clreat Ilritain's conception of its [1 . J utUies as a neutral in the Foreiji'n *I\nlistment Act which was enacted in 181J), and was in force durinj;' i-'nl:"r'l:nhs{i,H-*i the whole of the Southern reb(dlion. It must be borne in mind, when considering- the municipal laws of (Ireat Ibitain, that, whether elfeittive or deficient, they are luit ntachuiery to enable the (lovcrnment to pertorm tlu» ►isn. 1 1„ n„i « b..v- '. .• iij' I'lii • »•! r'(H:;K'nt iii horf.irm* niternalional ' directly from International Law, which forbids the use of neutral territory' for hostile luirpose.' The local law, indeed, may justly be rcft'arded as evidence, as far as it goes, of the nation's estimate of its international dnties; but it is not to be taken as the limit of tliose obligations in the eye of tlie law of nations. It is said by Lord Tenterden, the distinguished Secretary of the British High Commissioners, in his memorandum attached to the report^ of Her .^Lijesty's Commissioners upon [KliTJ the nentrality law,'' *that the neutrality law of the United States forme(i the foundation of the neutrality of England.^ "The act for the amendment of the neutralty laws," he says, " was ' Ortolan, Diplomatio do Iji inor, vol. 2, page "215. « Vol. IV, page 7!). 3 Vol. IV, pajit) 'J3, Appendix No. 3, Ity Mr. Abbott, now Lord Toutcrdon. *Vol. IV, page l'2-J. Fliitftry of Forcipn rrili:.lnif;nt A,cl ot IttiU. 48 DUTIES OF A NKUTRAL. intirxlnccd by ^l^i"- Caniiinjj on tlic lOtli of June, 1810, in nii eloquent speecli, in tlie ('(»urse of which lie siu«1, ' It surely eould not be Ibvjuotten that; in 17!>.> this country <;oMii)laiiie(l of various breaches of lUMitrality (tlionj^h much iuferioi in (le;iiee to those now under consideration) eonnnitted on the oart of subject^ ol' the United States of Aineru-a. Winit was the eoiidiuit o'l that nation in conscfinencc? Did it rcs(>iit the conipli.int as an iniiinj^enient of its inch-jsendence ? Did it refuse to take sncii steps as would insure Hk: innnediate observance of neutral- ity f Ni'ither. In 17!M, iniine', under l)eavy penalties, tin; enyaycnient of American citizens in tiu' arndes of any belligerent J'owcr. Was that the only instance of tlu^ kiiul '? It was bnt last year that the United States passed an act by which the act of ITtU v.as coidirnu'd in every res|)eet, a^^ain prohibit inj^' the ('n.nap'inent of their citizens in the seivicc of any foreign I'ower, and pointin;;' distinctly to the sei'vice of Spain or the South Auierican I'ro\ inces."" It apjx'ais from the *whole [IdSj tenor of the debate which i)receded the i)assap' of the act that its sole ])urp()se was to enable the Exetviivc to po/orm inth Jldelitji ilte (h(tie.-i toifdrd neutrals ichieh icerc recognized a.'i imposed upon the Oorern- vient by the Law of Nations. The United States assume that it will be conceded tliat Great Ib-itain r.r.nt nriiM.n ^^•i'^ bouud to perforiu all the duties of a neutral toward tin; u".T!m,,,.IV';bS Uinted States v. Inch are indicated in this statute. If this '""'"•"'■ obliji'ation should be deiued, the United States be^' t() refer the Tribunal of Arbitration to the de<'!iirat!on of Ea.il I'nssell in his ('(inununiealiun to Mv. Adams of Anyust ."iO, bSti,"), where he' " lays down with coniidcnce the followinj;- projxjsition :" ■•' That the Forei/Jin Eidist nu'id Act is intended in aid oi' the ditties * * of a neutral nation.'' ' They also refer to Lord Palnierston's spee<'h in the House of ('omnions, ,Iuly 1*3, 18(K),' in which ho says: "The American Government have a distinct ri.ritish authorities, it will scarcely be contended that the United States had not the right to expect, and to demand of (!reat Britain the i»erformance of the measure of duty re- cognized by existing n\unicipal laws, hov;e\<'r inadecpnite those laws might be as an expression of international obligations. The British Foreign ICnlistment Act ol" ISl!) consisted of twelve sec- tions, written in the v i'.'lU. * V»)l. V, |);ij;t! l.'iUa. 'Earl Granville to Count Benistorff, Sopteuiber 15, 1H70. ■'Vol.111, l):iy.' .')r>(l. DUTIES OF A NEUTRAL. 49 wolvo see- wliif'li nro proliibitod by tlio stntnfo, niid thoy iixlicato tlif ])nT)i^lnn('i>ts ^vlli('li may be iiilli<'ted upon tliciii when convirted ; Ibiirthly, they cxt'iiipt ccitaiu parts of the Empire IVoiii tlu' operation ot the ntat- ntc' [110] *Tliis Tribunal need take no notice of the peral portions of the statute, whicli all'eet only the vehilions between the Slate and those wlio owe allejiianee to its laws by reason of residenee within its territory. Tlie United States will therefore eonline theiaselxcs to at- teniptin;,^ to deduce from the statute the (U'finitions of the juineiples, and the (hities, which are there recoij^nized as oI>li!;atory on the nation ill its relations with other Powers. The adjudicated cases often disre- }iAn\ the distinction between the duties of a neutral, how( -er delines in its courts af;ainst persons charged as criminals for alh'^'cd violations of its laws for the preservation of n«'utrality. l^veu some of the best publicists, in referrinjj to this class of decisions, have not always remend)ered that, while in the former we have oidy to do V. ith |)riiiciples of jniblic law, in the latter we are dealinj*' witli th(^ evi- dence necessary for the conviction of an otfender. Bearin.;;' this dis- tinction in mind, the Tribunal of Arbitration may be able to reconcile jiiany ai»j)arently conflictinj;" authorities, and arrive at just conclusions. The acts which, if committed within the territory of the neutral, are to be reji'arded as violati )ns of its international duties, are enumerated in tlie second, fifth, sixth, seventh, and eijihth sections of the statute. [Ill] *TransIating this statutory lan,i!:ua,ire into the ex]>ressions com- moidy employed by jjublicists and writeis (»n InteriuUional Law, this statute recognizes the following as acts which ought to be prevent- ed within neutral territory during time of war. 1. The recruitment of subjects or citizens of the neutral, to be em- ])h)yed in the military or naval service of a foreign (lovernment or of ]iersons assuming to exercise the powers of governnuMit over any part of toi<'ign tenitory; or the accei)tance of a comnussion, warrant, or aiiiMintment for -uch service by such jjersons; (u- the enlisting or agree- ing to enlist in such service; the act iu each case being done without the leave or license of the Sovereign. 2. The receiving on board a vessel, for the purpose of transjiorting ifvoin aiientral ])ort, persons who may have been so recruited or com- |i!!issi(ined ; or the transporting such i)ersens from a neutral \unt. Aw- ^tliovily is given to seii.e ;he vessels violating these jnovisions. :>. '1"Ih^ e(|nipping, furnishing, fitting out, or aiming a vessel, with iintenl ov in order that it may b( employed in the service of such for- R'ign (uiveiniiient, or of i)ersrvice of such foreign lioverninenl, or of such persons, the act being done without the leave or license of tlie Sovereign.' ' \'ol. I\', iia;j;c rti. - It iiiiiv iutircst tlm incmt)or8 of tlie, Tribnnnl of Arb'tnition to rcc in tlils connec- ti(i:i iiii iil>stiiict of tli(> acts wincli arc iiiatlc penal l»y liic Unitnl States Nintrality L:i.v of IHIH, Tliij law itsuU' will bo iound in Vol. IV, i>a-'j'j 'lO-lhi. Tlit' ulwtract is S. Ex. 31 4 nPBT f f ]' 1 \' 50 DUTIES OF A NEUTRAL. *Duiing' tlie inpunoctioii, as will be seen hereafter, tliis act [113] was. l»v tlie (;()iistriu;tion of tlie Enalisli courts, toriv,., i,.ni.ni,n- stiii)pen to go beyond the limits of the United States with in- tent to be enlisted as aforesaid. "7. IJetaining another person to go beyond the liniifs of flic United States with intent to be entered into service asafore^aid. (lint thesaicl act is not to be con- Hlrued to extend to a citizen or subject of either belligerent who, being transiently within the I'niled States, shall, on board of any vessi 1 of war, v.liieh. at Ihe tinuiol' itsarri\al v. itliin the I'nited State's, was littiil and eiinip[)"d as such vessel of war, enlist, oi' enter himself, or hire, or retain ar.otliei' subject or citizen of tlie same bellig- ♦■rent, who is tninsiently within tin' United Slates, to enlist, or enter himself to serve such belligereni. on board such vessel of war, if the Unite«l States shall then be at peace with such belligerent.) " p*. Fitting out and arming, or attempting to fit out and arm, or i)rocuring to be litti d out and armed, or knowingly being eonci'rni'd in tlu- fniuisliing, tilting out, or arming of any ship or vessel, wiili intent lliiit siieli .ship orvessel siiall be employed in the service of either of the said beUigercnls. ' '••. Issuing or delivering a conniiission within the tci liiciy oj- jurisdiction of the United States for any ship or vessel to the intent tliat she nia^\ be emi»loycd as albre- said. " 10. Increasing or augmenting, or jirocming to be iiuii as( <; or augmented, or knowingly being concernul in increasing er augmenting, the loice of any siiip of war, cruiser, or oIIk r armed vessel, which at the lime of lur arrival within the United States was ji ^iiip of war, eiuiser, er armed vc.-m 1 in the service of i iilur of (lu; said belligeii'iits, or be'onging to ihe subjects or citizens of either, liy adding to the num- ber of guns of such vessels, or by changing those on board of her ler guns of a lai'ger calilier, or by Ihe. addition thereto of any t(|nipment solely applicable to war. " II. IJeginningor setting on loot or j)rovnling or prejiaiing tht; means for any mili- tary i'Xi)cdition or enteipris,' to be carried on from the territory or juri.'-dit tion'of tho United Slates against the territories or dominions of «-ither of ihe said belligerents." Tlie Tribunal of Arbitratiiui will also observo that tho most imiutrtant part of tho Auuriean act la omitted in the Dritish act, namely, the pomr anifcmd bif the cighih ««,- r tiaii oil (he Jxcciitire to fake poHSCvtiion of and dilaiii a ahij) nilhoiit judicial pionnH, and to MHe the iiiiUtn'ii and varnl Jams of the Gorenimnit Joy that j>»r^«w, if nnxmarij. JCarl Knssell is ifuderstood to have determined that tho Uqitoort, and of its various appendices, in vain, to find any indication that that distinguished body imagined, or thought, or believed that the measures which they recommended were not "in full conformity with international obligations." On the contrary, the Commissioners say that, so far as they can see, the adoption of the recommendations will bring the municipal law into full conlbrmity with the international olili- giitions." Viewing their acts in the light of their i)owers and of their instructions, the LJnited States feel themselves justified in asking the Tribunal to assume that that eminent body regarded the acts which they proposed to prevent by legislation, as forbidden by International Law. The report of the Commissioners was made in 18GS, but was not acted upon until after the breaking out of the late war between ti,.. Forrn,. i,,. Germany and France. On the 9th of August, 1870, !'■""'«■" a.i ,.i w™. [117] Parliament ♦passed "An act to regulate the conduct of Her Ma- jesty's subjects during the existence of hostilities between foreign States with which Her Majesty is at peace." This act, which may be found « Vol. IV, puKe 79. ainst for an alleged violation of ii..n„i timtmt. ||jj juovisious. ThccasB came before Sir IJobert J. Philli more, one of Her Ma.jest.y's Commissioners who signed the report in 18G8. In lendering his decision on the 17th of January, 1871, he said : "This statute, passed during thx_ last session, under which the authority of this court is now for the first time evoked, is, in my .judgment, very im- portant and very valuable : strengthening the haiuls of Her jMajesty's , were intended, at least as against the British (lovernment, as a re-enactment of the law of nations, as understood by the United States to be applica- ble to the cases of the Alabama, and other ships of war coustrucied iu England for the use of the insurgents. Tliey conceive tlnit Great Britain is committed to the doctrines there- in stated, not merely by the articles of International Law expressed in its statutes, but also by the long-settled Common Law of England con- lirmed by acts of Parliament. *The act of 7 Anne, ch. IL*, euaetvd in consequence of the viola- [119] tion of the law of nations by the arrest for debt of the Ambas- sador of the Czar, Peter the (Ireat, in London, is prominent iu the history of the legislation of (Ireat Britain. •' Lord JMansiield, commenting on this act in the case of Triquet vs. Buth, 3 Burrow's l{ei)orts, j). 1-48, says that tljis act was hut declaratory. All that is lU'w in this act is the clause Avhich giv<'s ;i ummary Juris- diction for the punishment of tlie iniraction of the law. He further renuirks that the Ambassador, who had been arrested, could have been discharged on motion. This act of Parliament was passed as an ai)ology Irom the nation. It was sent to the Czar, finely illuminated, by an Am- bassador Extraordinary, who made the national excuses in an oration. "The act was not occasion^^d by any doubt whether the law of nations, particularly the part relative to public ministers, was not part of the law of England, and not intended to vary an iota from it." Lord Mans- tield further says, iu refeience to the case of Brevot rs. Barboi, that InteriKitinnnl law JN a piiil (if the corn- inon law ot' England. ' Vol. VII, pivgo 1. -Loudon Times, Jannary 18, 187L See also Admiralty and Ecclesiastical Rcporrs, Vol. 3, i)af?« 332. See also Report of tlio Debate on tlio Foreign Enlistment Act in the House of Commons, in the London Times of Angnst 2, 1870. ^See Phillimoru's International Law, vol. 2, cb. 8, section 194. DUTIES OF A NEUTRAL. 53 oners U lias Inter- iou of riiilli 1 1808. " This rity of 'ly iiu- ijcsty's re that the con- {, icith : [1181 of t'lie 111 into 'u they iiaineist as if to iig as a v of tlie ign. _ iouo, in- a.q,ainst 3 law of applica- IucicmI iu es tliere- essed iu ind con- s' [119] in the rv (jnet r.s'. iratory. jnvis- fuither ve boon apolofjy YA Ani- oration. nations, t of the d ^lans- bot . that 1 Kcporta, Act in the Lord Talbot declared " that the law of nations, in its fnll extent, was ])art of tlie law of England;" and adds, " I ronioinber, too. Lord Uard- wiek declared his opinion to the same efteet, and denying that Lord [IL'O] Chief *,Instiec Holt ever had Tiiy doubt as to the law of nations b»'iurd means for the better en- forcement of that law within the reahn of England. That eminent judge and jurist, Lord Stowell, even goes so far as to say tliat, while an act of Parliament can allirm the law of nations, it cannot contradict it or diisallirm it to any effect as respects foreign (io\ ernments.'' [122] *Lord Stowell's position is in i)erfect accordance with the ob- seivatlon of Lord Manslield, iu an«>ther case, viz : Ileathtield r.s. Chilton, that, "The privileges of public ministers and their retinue ()n the law of nations, which Is part of the common law of Eng- land. And the act of Parliament of 7 Anne, ch. 12, did not intend to alter, nor can alter the law of nations."^ The next act of the British Government to which the United States invite the attention gf the Tribunal, as showing to some ex- n,,,,., ,^.„„,„..i tent that (iovernment's sense of its duties toward the , ','',';,,!?r'5'" 's'":: Lnited fertates, is the Proclamation of Neutrality of May 13, '"'"^ ISdl, already alluded to. ' f'''" fiiitlic'i- I Dliick. Com., 1,1). .|:{, -.m ; I W<><«ls.)ir« L. nes, p. 31. = N.»vill(( rn. T(»()<,'(»(m1, 1 IJiUHW^U and Cir.sw.-iris Ucpoits, .nij. 3Hliickst(.ii.!'H Com., v.il. 4, cli. f). St-r al.so Loid LvmUiurst's opinion, ante, pnj'e GI. * I lie J.oiiis, Dodsoii'H Admiralty Ufpoits, vol. 2, p. 210. M|.'atliH»>ld rs. Cliiltoii, 4 Biinows, p. ijolt!. Tliis observation of Lord Munslield is Uetl and adopted by i'billimore, vol. :J, p. 041. 54 DUTIES OF A NEUTRAL. Ill It is not cliiii'U'rt that n boUifiorcnt lias the lijilit, by tlic onstom of nations, to rcciiiiic a neutral t() enfoici' in its favor an excentive Procla- mation ()f the neutral, addressed to its own eilizciis or subjects; but it is maintained that, as between Great Jiritain and tin; United States, tliere is a binding;- j)re<'edent ibr such a ie«iuest to Great Britain. In ITUii, durinjn' (ieneral Washington's administration, the rejjresentativc of Great IJritain in the United States ])ointed out to Mr. Jell'erson, who was then Secretary (»f State, acts which were deemed by Her IJritannic Majesty's Government *to be '* breaches of neutrality," [123] done '-in contravention of the I'residcnt's I'roclanmtion" of Neu- trality, and he invited tln^ United States to take stei>slbr the repressicui of such acts, and lor the restoration of ca|>tured i)rizes. It appears that the United States complied with these reiiuests.' IJelyin^-, therelore, npou this pi';rdent, j'stablished against Great Britain, rather than upon a right uiuur the laws of nations, which can be asserted or maintaiiu'd against the United States or against other nations, the United States invite the attention of the Tril)nnal to the fact that two princi[)les, in addition to those already deduced from the Foreign Eidistment Act of 181U, appear to be conceded by the Trochi- mation of May l.'i, 1801: 1. That it is the duty of a neutral to observe strict neutrality as to both belligerents during hostilities. Keutrality is delined by I'hillimore "to consist in two])rincipal circuni- T),rt,.;:ion ofmu- stances: 1. Entire abstinence froui any j»articii)ation in the '""* war; 2. Impartiality of conduct toward both belligerents." " This ahsthicnce and this importialiti/ must be combined in the character of a hona-fhle neutral.''^ Bluntschli delines it thus: Lii neutralite est la iwnpariieipa.tion a la guerre. Lorsjpic I'etat neutre soutient un des belligerants, d ])reml *part a la guerre, en faveur de celni qn'il soutient, et ermettant, Utiidis qu^il poutmit Vvmin'tlur^ que, de son territoirc n«'utre, on envoie des troupes on des navires de guerre."^ llautet'euille says: "Get etat nouveau impose auxneutres des devoirs particuliers: ils doivent s'abstenir ccunpletement de toute acte d'im- mixi(Ui aux hostilites et garder une stricte im[)aitiaiite envers Ics deux belligerants. * * # L'impartialit*'* eonsiste a tiaiter les deux belli- gerants de la meme maniere et avec une parfaite egalite dans tout ce itlnion itupaitiiilo surl.a question do l'Aliil)ania. Berlin, 1870, pago 22. ■• Neeessitd tl'uno loi niaritiuiu pour n^gler lea lappoits des ueutrea est des bellig<3- raufs. Paris, 1862, page 7. f'Tlie Eliza Ann, (1 Dodson's Reports, 244.) " Calvo Derecbo luternaciuuul. torn. 2, payo 151, } GC8. til /// sisteiice of a crew, and for their imnuuliate use. 4. A belligerent steam-vessel of war ought not to receive in a neutral ])ort nunc coal than is necessary to take it to the nearest port (»f its own country, or to soiin* nearer destination, ai>d should not receive two sui>i>lies ot coal from ports of the same neutral witinn less than three months of each other. Tile attention of the Tribunal is further invited to the official opinions expressed by the representative of Great 13ritain in the r..r.e-i.nj.n.pi.e. United States during the administration of President Wash- ;."";?,.V/ ',^'1;^; iugton upon the duties of a neutral toward a belligerent; '"'" and to the acts of tlu> flovernment of the United States , a year before the jKissage of the lirst American >ri/es were hroii.iilit in by tliem. On the L'L'd of Ai)ril, ITlKi, M. (lenet not haviii:;' yet reached riiihidelpliia, I'lcsidenl Washiiif-ton issued hiseelehrated |)roc!aniatiou, the lirst of its kind, in which he (h'dared that 'Mlie duty an»l interest of the lTiiite«l States reipiire that ihey sliouhl, with sincerity and j^ood lavth, adoiit and jiursue a coiuluct friendly and iini>ailial toward the l)elli;:ierent Powers;" and he warned all persons a^^aiiist "committing-, aidinj;-, or ahettinj;' hostilities ajuainst any of the said I'o.vers.'" The news of the coniiiifi' of j\I. (li'net had i)recede, Mr. Hammond, the then Ilritish 3Iiii- ister, made complaint of his acts, and (ndletl attention to the fact that jirivateers were littinj;' in South (.'aroliiia, whi(di he conceived to be "breaches of that neutrality which the rnilc«l States profess to observe, and direct contraventions of the Proclamation." Jle invited the (lovernment to "pursue su<;h measures as to its wisdom may appear the best calculated for rejiressinj;- such practices in future, and for restoring' to their lightlul owners any captures which these particular privateers may *attempt tt) bring into any of the [12r>j ports of the lTniteli(). Tliis note, wiiich coiitaius uu ex.- liaustivc review of the American policy, may be found in Vol. VII, page 11. DUTIKS OF A NEUTRAL. 57 It had ) iinny 11 V call , [128] I'aclu'd nation, nl crest 1(1 ;j,()()(l ml tlio nitting, at Phil- isli i\liii- iU't that il to bo jbserve, wisdom 1 I'lUiuv, •h le [125>J [•sou had n.u's, and existinj;' id intcr- ic'spcct- tbr the util the . (ienet to those 'li'octnal ipliMIUMl I'asons : the cap- control nt u- t.y [130] hereCore and that ss.-* er, as it ty of the rei>ress ,• vessels ', i)atend)er, ITSKJ.' The United Stat<'S (ioveniment also, on the 4th of Anjjust, ITO.'J, issue7 a forniidahle rebellion a'^ainst (ileal Britain broke out in Canada. Syinpathi/.ers w ith the insiirjicnts bcjuin nin;;' to *' the disorders," and in(]nircd Avhat means it proposed to employ for that ])iirpose. The President immediately addressed a com- inunication to Congress, calliii;^' attention to delects in the existiii}^ statute, and askiny that the Executive mif>ht be clothed with adi-qnato l»ower to restrain all persons within the, jurisdiction ol" the Uniteiitisli interest, so as to give more power to the Executive, and the request was complied with. c,..u ti,- i>;,ri. 1" ^''^ yf'^i* 1Sr)5, (ireat Britain beinj;- then at warwitli 71ns- """^- sia, it was supposed by the Jiritish Consul, at Xew York, that a vessel called the J\Iaury, which was beiii/i," innocently fitted out at New Voik for the ('liina trade, was intended as a Russian privateer. The British ^Minister at Washinjiton at once called the attention of Mr. IMarcy, the then Secretaryof State, to this vessel. The allidavits which he iiK'losed for the consideration of the Secretary of State fell far, very far short of *the evidence which Mr. Adams submitied to [13o] ICarl Bassell in re;.iard to the JJverpool cruisers. The whole foun- dation v.hich the ihitish ?.Iinister furnished for the action of the United States v\;:s the " belief'' of the Consul, his lawyer, and two police olli- cers, that the vessel was intended for I'ussian service. This was com- niunicated to the (iovernment of the Unitei' Sta"^es on the 11th of Octo- ber. Notwitlistandinji; the feebleness of ii.e so; -don, the ])roseciiting oflicer of the United States was, on t!i > i^'rh «;f i^tober, instructed by tele.n'raph to " prosecute if cause a])pe.i'>*,' ar'O » r..-* at work on the l.'Uh in order to i)revcnt a violation of tlu-' ^'s^>',r^'c:u\- of the United States to the injury of (ireat Britain.'' The p-'veedings given at length in the accom])anying volumes show with what rai)idity and zeal the investiga- tion was made, and that the charge was at oncti proved to be unfounded. J 11 all this correspondence and tliese piecedents, the iol- lowiiig principles appear to have been assumed by the two Governments : 1. That the belligerent may call upon the neutral to enforce its muni- cipal proclatnations as well its municipal laws. ' 2i\ Vol. Mnis. Oi)iiiioi)s, Depaitiiiont of State. ■•^ Mr. JclR'i'.son to M. Gciict, .June f), 179:!. Jeftorson's Works, Vol. Ill, page 572. 3 Mr. Camiinjj's spewli, eitod a«/c, pago 107. < Vol. IV, pagos 53-GJi. rririeipli's thuH rer . Tliiit wUvu tlM'i't^ is a failiuc to use all llic lucaiis in the powiT of a iiciitial to |)rt'V('nt a brcacli ol" the neutrality of its soil or wateis, tlicie is an ohli^ation on tlie part of the neutral t, forsindlar injuries [lo7] inllicted on *.Spanisli commerce durin;^,' the War of the Indepen- deiice of the S[)anish American Colonies, as showing the sense of Spain on this ])oint. Jn the course of the l()n,n' discussions between the two (lovernnieiits on the Alabama claims, (Ireat Britain has attempted to c „rr.-. 1.0.1.1..,,, » justify its course by a lel'erence to the conduct of the United m!,k!, r,/j'i'.uM ubJi! State's toward I'or'tngal between I.sk; and LSl'L*.' These several n-plies of 3Ii'. Ade.ms iimply (h-lended the course of tlio United Stati-s in that alfair. From the replies and from the oliicial de.cmiients referred to in them, it would apjiear that in the yi'ar l.s.")0 the Inited States had bronj^ht to the ]>oint of settlement a lonjA-stand- iii;^ I'laim ayainst I'ortu.nal, for the deslrnetion of the American armed brij;' (leiieral Armstrong, in the harbor of Fayal, in the year J.SUi. 'J hey were at the same time ju'cssing some other claims against I'ortugal, and were conducting a corresjiondence with the I'ortngnese Legation at : "\\ asliingfon, growing out of the seizure ot a J'ortt;gU( se sla\ei'.- i 'ihe roitnguesedcn'ernment, asanotVset to these claims ol the United •'H States, revived some exploded claims of J'ortugal agr.inst the I'nited '^ Slates, lor iiljcj-ed violation of neutrality, that had slumbered for nearly thirty years. These are the claims rel'erred to by l^arl Jvussell in {l.'JSj his note to *j\Ir. Adams of ^lay 4, l.sc.'),'' and his note to the same ol August ^iO, LSO.j,' and his note to the same dated >.'oveiuber 1*, 18G."»." UdVil Kussell asserts that the comidaints of rortugal were more tie(iuent and extended to a larger amount of projierty alter LSbS than they had done lu'lbie. iMr. Adams denies this allegation,'' and his denial is supported by the evidence in possession of the Government of tho Unite8 ii5G-.'C0. ^ Exfciitivf Ddciiinent No. 53, 32d Congress, Ist session. =* Vol. Ill, j,.,gu 525. * Vol. Ill, page 54a *Vol. Ill, page 564. eVoi. Ill, i)ago U'-il. ^p 60 DUTIES OF A NEUTRAL. cnso it slionld turn out tliiit tliiit (lovcriiUHMit wiis iit wnrvitli tlio "solf- .^t.vlcd (lovt'iiiiiH'iit (»r IWu'iios AviTs." lie, liirtlicr st;itr«l lliat li<' did not iii;di<' IIh' iipplicidioii ill Older " to raise allcrcatifnis or to r('(|uii'<' satistiictioii," l)iil tiiat lie .solicited '*tlie proposition toCoiijuri'ss of siieli jtrovisioiis by law as will prevent siieh attempts lor the liit are," Ix-in;;' *' persuaded that my [his] ma;;iianimons Soverei]L;n will receive a moi'e di^nilit'd satisraclion, aial worthier of his hiyli character, hy the enaet- iiM'iit of siieh laws by the Tniteil States." iSIr. Monroe replied, on the L*7th of the same month, " I have commnnicated your letter to the rre.sith'iit, and have now the lionor to transmit to yon a copy *of a iiiessaiHtMvhich he has addressed to (Joiiffress on the snl»- [l.'i!)J ject, \\ith a view to obtaiii siM*h an extension, by law, of the K\- ecntive power as will be necessary to preserve tlu^ stiict n their being manned by Americans, nor indications from which the Unit<'d States might have discovered *those facts for themselves. The [140] Secretary of State, therefore, in reply to such an allegation, very l)roi)erIy stated the fact that the United States ha«l "used all the means in its i)ower to pievent the fitting out and arming of vessels in their pcu'ts to cruise against any nation with whom they were at ])eace," and had "faithfully carried into execution the laws to preserve inviolate the neutral an«l i)acific obligations of the Union ;" and therefore could not consider themselves "bound to indemnify individual foreigners for losses bj cai)tures." It will rot escape the notice of the Tribunal that Mr. Adams calls attention to the distinction between the national obli- gations under the law of nations and the duty of the Government to execute the municipal law ; and that he grounds his refusal upon the fact that both have been complied with. The Portuguese Minister lu^xt complains (October 15, 1818) that a privateer is lifting out in Baltimore, and the Secretary of State orders a ])rosecutiou and asks for the names of the witnesses, and it appears that before November 13th the Portuguese Minister is informed that the grand jury have found a bill against the accused. Ou the 14th of November the Portuguese Minister sends to the Secretary of State depositions and the names of witnesses, and informs him that he is alarmed at the "thick crowd of individuals who *are en- fl4J] gaged in this iniquitous business," and that " great care has been taken to intercept the notice of such facts from the knowledge of the Executive." Mr. Adams, on the 18th of November, informs the ISFinis- ter that the evidence has been placed in the hands of the prosecuting attorney of the United States. It thus appears that the second com- DUTIES OF A XIUJTRAL. Gl liit Ik' tliil i('(iiiin' ;s of siicli (> 11 IIIOI'C tlic CllllCf- '»1, <»M tlic Ml' to tllC >i'y 111.- [V,i\)\ itiiility of [iiiiist tlio liiivc an- iii('iit«'(l to «', l.ith of of State I ohviatt'd red tlu'ie Is, iiiid ht! , 181S, lio lie, of tlic UtttMl ill iiiiy iiskcd for ikinji' this lolc as to cir being ted Hie [140] tM'y the moniis loir ports anil had lolato the I'onld not yiu'i-s for uiial tliat ioiial obli- llllU'Ut to upon tbo IS) tbat .1 of Stat_e 's, and it informed I tlie 14th of State I I at eu- [141] eeii ge of the lie ^Minis- osecuting ,'oud coin- ]ilaint was disposed of to the satisfaction of the representative of Por- tugal. Tilt- tliiid complaint, made on the 1 llli of December, iSlS, states that an aniM'd \ess»'l «!alled IIk' Iiiesistilile, sailing ninU'r so called Ailigan ciiluis, was committing de|)i'cdatioiis on tlic coast of Iba/il, and that the cdmiiiaiidci" and <'i'e\v of the vessel wcic al' * o iiMiiiii.iiMK • .1.... >.«...'. .... .... Anierii-ans. It will Im^ oiiservcd that in this com|ilaint ther(> is no charge made of an illegal use ot the soil or waters of the I'niteil .States in violation of their duties as a neutral. The charge is that eiti/.eiis of the '"liteil States, beyond tlieir Jaiisdictioii, have taken service under ii belligerent against I'or- tiigal. The next commniiieation from the Portugueses 3Iinister is mach' on the 4tli of JM'Iniiary, ISl!). lie asks to have the neutrality act of LSI 7 eon- tinned. TIm' Secretary of State answers, on the !)th, that that has already been done by the passage of the act of 1818. This ai>pears to have been regarded as entirely satisfaettny. i[l 12] *Tlie next note is dated the ITtli of :>rarch, ISIO. Although stat- I ing that there were j.ersons in the IT nite«l States " interested in fthis iuiiiuitous pursuit of plundering the lawful jiroperty of an inotlen- 8ive I'lieiidly nation," in which statement the ^linister undoubtedly sui.- ' posed that lie was correct, hv says that he has "abstaine«l from written applications about the new individual oll'enses," and he makes no iiar- v^ticiilar <'omplaiiit, furnishes no evirnnient of the .iUnil('(lStatest() withdraw- its recognition of the Artigau Hag. "If this," '|he says, " is oii<;e de«'lared illegal, ami the jirizes made under it acts of ■^Ipiracy, all occasions of bitterness and mistrust are ilone away."' " I can, «^in the capacity of Minister of my Sovereign, certify you solemnly, and Jollicially too, if necessary, that Artigas and his followers liav(^ been Mcj-))(llcil/(ir J'i(,>n the vountrics that eoithl aJ)o)'(} them the least means and ''^%[)oH-ef o/mnujul'mj, and ] and assumed by Earl liussell,' to be exactly in point in *dispo.s- ing of the claims growing out «)f the acts of' that vessel. On the L'l'd of April the Secretary of State acknowU-dges the note of )eceiiiber 1 1, 1818, and says that he is informed the <-omniaiider of the Irresistible has returned to Baltimore, and will be luosecuted for a vio- lation of neutrality, and asks the Minister to iurnish proof for tlie trial. r On the L'.Ul of November, 1810, the .Alinister again comidained. He eays : •• Om- city alone on this coast has armed twenty-six ships, which prey on our vitals, and u week ago three armed ships of this nature were in that iiort waiting for a favoi able occasion of sailingfora cruise." But he fiirnislics no tacts, and he gives neither proof nor tact indicating ithe city or the district which he suspected, and notliing to atbnd the jGovernment any light for impiiry or investigation. On the contrary, [lie says : " / shall not tire you n-ith the nnmerons instanees of these faets; "' [and he adds, as if attaching little or no real importance to the matter: I" belying contidently on the successlul eHorts of this Government, I ^choose this moment to pay a visit to Brazil:^ On the 4th of June, 1820, the Minister, not yet having departed, in- ini n ^-"''"\^ ^^'^ Secretary of State that he desires to otter his " thanks [144] lor the law that prohibits tlie entrance of privateers in the *most » Vol. Ill, page 5CG. wm 62 DUTIES OK A NEUTRAL. «: iinport.'uit ports of tho Union ; " that lie " acknowltHljuos tlic snlntaiy infliM'ncc of the J'^xccntivo. in obtaining? tlicso ameliorations;" and tliat \vo. is "fully jxTsuadi'd of the sincere wislies of tliis OovernnKjiit to put a stop to i>ra<-'tiees so contrary to frit.uUy intercourse."' l)n the Stii of -lunc, l.SL'O, he jiives info> 'nation ola formidable priv;-.- veer, which he says is to bo iitted out at Baltimore, and adarties to the war. They have repressed every intemleu violation of them which has l»e<'n brou^iiht before their courts and sid)stantiated by testimony." Other claims were trans- mitted to the riiiicd Statj's (iovernment on tlu' -fth of l)ecemb(M', IKiM). unaccompanied, iis had be<'!i the invariable case before, by iinytiiinu tendiii'jto show a Iial>ility in the Unit«*d States to make compensation. The casi' appears to have been ci.tsed by an otter iVom I'oitn.ual, on the 1st of April, ISi'L'. to iLcrant to tlu' I'-ited States exceptional com- niercial advantaines if the I'nited States would recoj;nize these claims, and the iclhsal ot the rnitc in the Portuj;nese note of ])vccinl>er It. ISIS, had returned to llaltinKire and would be ])rosecut<'d. The Amef ican note ot the LMIth of .Iiily, ISL'O, is also omitted, in wl. ih, in answer to the PortUfincse mite of llu- Sth of .him', isilO, it is staled thai meas ures have been, ai;proval of lOarl liiissell, as Jler Majesty's Principal Se [IKli le rican reply Vmericiiii )t' the lire ('enil)ei" 1 i. The Anier in answer !hai nieas \ioh)te the tliese RU])- iient upon ited Stales a1 of I'/irl \»rei;j;n At- it appears opositioiKS, t t to -which Tier ^Majesty's govoinnient, through Earl Russell, has givou its assent: [1 17] 1. That a neutral soveinnient i.- bound to wi^.o *all the means in its ]iower to i>ivvent the eqnipiiing, nttinj-- oul, or i.n„,,„i.,H ,«•.,«- arniini:', within its jurisdietion, of vessels inteniled to eruise ;;";;!,;,';,i''"' '' ajiainst a po\\\ r with nhit-li it is at peace. L'. If the means >vith)n its iiower are. in the opinion of either bellijier- ent, ina(h'(|nate for the purpose, it is bound to receive sujij^^estions of ehan/^-es from tlie bellij;erent, antl if it be true that the means are inad- etpiate, it should so ameml its laws, either in accoids'nce witli such suj»- gestions or otlierwise, as to put ne\>' and more etlectivc means in the hands of its Executive. ;». That it is bound to institute proeeedin;is under its lawsajjainst all vv'ssels as to which reasonable <>rounds for susjticion are made to appear, even if tin; j^rounds ibr susiiicion fall short of lef^al pioof. The Government of l*ortujj;al, duiinji; the whole correspondence, oll'ered no evidence to jjrove that cai)tures had been made ly armed 1 vessels ille<;ally litted out, equi[>ite(l, or armed in the United States, nor I even statements of lacts tending- to lead to the discovery of uieh evi- dence, which were m)t at once used fer the jaupose of detaininrnment is b(»und — " I'irst, to ns(« dnv diiigen<-e to prevent the fitting out, arming, or equipping, within itsjiirisdiction, of any vessel which it has reasonable gnaiiid to bi'lieve is intemled to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to pre- vent the departure from its jurisdiction oi any vessel intended to ciuiso or carry on war as above, such vessel having'beeii specially adapted, iu whole or in part, within such jurisdiction, t«> warlike use. G4 DUTIES OF A NEUTRAL. X " SocoTidly, not to pen nit or suHct oltlior belli^orcTit to nialio use of its j)()its or waters as the base of naval operations aj;ainst tlu' otlicr, or for tlu' i)nrpose of tlio renewal or aiignienlation of military KUpplies or arms, or the recrnitmenl of men. " Thirdly, to e\ei<-ise due dili<>;enee in its own i)orts and waters, and, as to all ]iersons within its jurisdictiun, to prevent any violation of the forejioin}; olilii'.ations and dniies." Article \'I I contains the f'ollowiii.u' provision as to compensation : "In case the Tribunal linds* that (irei'.t JJritaiii has failed to i'uHiU'any vovides that, "in case the Tribunal find that (Ireat Ibitain has failed to fuKill any duty or dutiesasaforesaid,and does not award a sum in j^ross, t he hi<>h contractinj;' l)artiesaiL'ree that a Uoard of Assessors shall be appointed toascertain an»l determine what claims are valid and what amoimt or amounts shall be paid by (licat Jbitain t'. the United States on account of the liability arisinj;' from such failin*'." The obliuatiou to prevent vessels of war from bein.u' fitted out, armed, or e(piii>ped. within the Jurisdiction of a neutral, when such vessels are intended to cruise or to t-arry on war aj;ainst a Power with which the neutral is at peace, is reco, passed to aid Great Uritaiu in the perforunince (if its duties as a neutral. The rules imj)ose upon the neutral the oblifjation to use flue dUUfcnce wiint i* •• .i.i.mu,. to prevent such littin^i' out, armin};, or etpiipianjj,'. These *""" ' Avords are not re;iardcrent «'ircums1an<('s, implies biamable fault, called in the IJonian law culpa, v.ilh reponsibilily for conse(picnc«'s. The idea of «»bli;;ation, either Witlicalions of the question, either of (lilij;ence or of lU'yli^'ciu'e. be.yal writers in lCn;;laiul, in America, and on the Continent of Eu- rope, have treated this matter in relerence to iuun<'rous subjects of con- troversy, public ami private, it has come under the considera- tion of courts in (pu'stions relatin;*' to the •custcxly of i)roperty, [152] to the i)erformantlu'r, or )pUes or }rs, and, (11 of the u 111 on '>' to [150J •a :l»iit, " in )' tluty or itnicting rtain and shall bo s liability it, armed, 'ssels are vhicli the in which Mr. Can- it, and in •lurmance '^ (ViUqcncc ■>•. Those Ms- he [151] •d nsiou of u i('( are cor- of the t't'dinjis I, and is liters on which ncies of inherent iw culpa, 1, I'lther found in nee or of t of Ea- ts of coii- ra- ty, [ir,2] )ns liseharge my other Scottish urt8, tho question has jronerally boon put as one of nejili.i>ence or culpa, rather than as an absence of dilificnce. JJut, nevcitiielcss, the ]»iiiase "duo diliucuce,'' cxavta (UlUjcniia, is of received use in the civil law.' 'flie extent of the (hlij^eiice required to esc;i]>e responsibility is, by all autliorities. j^Muped hy the cliaraeter and niayiiitude of the mutter wltich it may alTeet, by the relative condition of tlie jjartios, by the ability «»f the pinty iucurriiiy tho exiuvMcies of the case, and by the: extent of tin; injury which may fol- low ne^lijLCeiice. One of tlie earliest and one of the best of the Kuj;lisli expositors of the Iioiiiau law is Ayliife, (New Pandects of lioman Civil Law as an- ciently esrahlished in that lOmijire and practiced in most European Na- tions, London. IT.M.) He says: ''xV fault is blamable through I'l.l.'ij want of taUin,!;' i)i()per *care; and it obliiLi'es the person who docs tlie injury, because, by itn ai>plication of due diligence it might have been foreseen and prevented.'"^ ' Vimiius. Comniciit. ad Tiist., lilt. H, tit. li"). - Aviitl'i', in Ills I'iuhIccIs, i IJ. "J, tit. la, ]>i>. 10-^, lOD, 110.) lias ^jlvcii nil claliorati' view of tliolit'l'cK'Ht sorts of i'aiill or iu';^li;4ciici', and iVand and di'i'fit. The jiassa^ii; is long, bnt as it contains a vi'iy amplt! view of the opinions of tlie Civilians it may In- nscliil to plao- a jiart of it in a note : ••'I'lii' word fanll. in Latin called culpa, is a general term ; and aecordiiig to the deli- iiiti((n of it, it denoti's an ollVnse ov 'injury done unto another hy inipnideiice, whii-li iiiiulil otherwise In; avoided l(y hnniaii cafe. For a fault, says Donaius, li.is a lesnect nnto him who hnits another not knowingly ncu' willingly. Here we use the word otl'ense or injury hy way of a genus, which comprehends deceit, malice, and .'dl other misdemeanors, as well as a taiilt ; for deceit and malice an* plainly intended tor the in- jury of another, hut a fault is not so designed. And therefore we have aihled tho word imiuudence in this delinition, to i>oint out and distinguish a fault from deceit, malice, and an evil purpose of mind, which accompanies ;dl tresi)asses and misdi'niean- ors. A fault arises tVom simidicity, a dullness of luind. and a iiarreniiess of thought, which is always attended with imitrudence ; tint deceit, cal let I doht^, has its rise from u malicious purpose of mind, which acts in ey an applieati(Ui of due diligenci! it might have heen foreseen and prevented, l.iit fortuitous cases often cannot h ; lores(>cn. or (at lea.st) prevented hy the i)rovidence of man ; as death, tires, great lloods. sliiiiwreck^^, tunndts, piracies, iVc. Those things aie superior t > the linidence of any man, and rather happen hy fate. therefor(> are not IdamaMc. Ihit if fraud or .somi' previous fault lie the occasion of these documents, thi-y are not then deemed to Ite fortuitous eas.'s. A tault is a deviation from that which" is good ; and, acccpidmg to li.irtolus, crrhig IVom the ordinance and disi>osition of a law. It is some- times dilllcull to judge what is th," (lilV.rem'c lictwixt a I'ault and ;i (/'»//(••*. si lu'c the.so ■words veiy oftee stand tor one and the saiiU! thing. There is no one in this life lives without a t'ault ; liut he that would sjicak distinctly and properly, must impute a l,is to some wickediu'ss vv kiia\ cry. and a tault to imprudence. The lirst consists chielly ill acting, and the other in not acting or iloing sometliiiig which a man ought to d«">. According to l!art(dus, a fault is divided into live specie's, viz, c«//w latiysinia, hilior, laf'i, lrri>i,i\ui\ hrh-imn. The lirst he makes to ho equal to manifest deceit, jiud tho .sce.uid to heefpiival.Mit nnto iircsumptive malice or iloccit. The tirst and .second of these ilisiiiiitioiis(he ,says) approach unto fraud, and are sometimes calletl hvthe i.amo ot Iraiiil. i!ut a /((/(( ciiIjhi, which is occasioned hy gross sloth, rashness, imi'.nn ithnce, and \\aiit ol advic. is never comparev that w !dch iho oo(,' dfi lata cul;iu, after the manner ive. as lav,- suys tir liitiorc iii.'iiii smuetimes is to l)e underst , that a word of the comparative degive is sometimes pur for a w.iril of the posit in Viig-il : yVi.W • -- • - •• -'- . .. . tor il laniiDiiH onilos xuffiisa inlnil(s. WlieiLf-fr;; 1 sliall liert! distingui.sU a fault into two species only, to wit, into lata and Ic S. E.\. 31- v'lH, though others meution u cii/jja 66 DUTIES OF A NEUTRAL. m *'S\v. Justice Story liiis ohiboratcly discnssod the meaning of [154] these terms, and the extent of ence reciuired to avoid resjjon- sibility. IFe says, as the r<'snlt of a comparative examination of the authorities of dill'erent nations, "AVliat is nsnally (h)ne by prn- *dent men in a particnhir eonntry in respect to thini^s of a like [!•">">] natnre, whether it be more or less, in point of diii^yence, than wlnit is exacted in another eonntry, becomes in fact the general measure of diligence."' Following the exami)l(>()f Sir William Jones, *and other writers [15G] on the civil law, ]\Ir. Justice Story lavors the idea that there may be three degrees of diligence, and three degrees of negligence, whi('h are capable of being accurat<'ly dchned and applied to the various cir- cunjstances of life. ]>ut while asserting, as the authorities supjiorted him in doing, that not only the lionnui law, but the jmists of Conti- nental Europe and of S(!otland all recognize this division, he eany a person docs not employ tiiat oaro in men's atVairs wliieli otlier men arc wont to do, 1iion;fIi lie Itc not more; dili.i;-ent in liisown Imsiness. IJntas often as tli(^ word culpa is simply nsi'd in the law, it is taken lor that which we stylo ciiliiii /rr/'.v. ai lij^ht fault, hecanse words are cvernnderstnod in (he more i'avdrahle t;<'nsc, A <'»(//)(f Icrinniniti, or simple, ne^linencc, is that which jiroci'cds i'rom an nnallccted i^jno- rance and nnskillfnlness, (say they,) and it is lik(^ nnto snch a fanlt, which we easily excnse, ciliier on tla^ account of a>^e, sex, rnsticity, Ac. Or, to set thi' matter in a dearci' lii;!d, a hiid vitlixi is a diligence in :i nnin's own ali'airs, and a nc;:,iigciic(! in the concerns of other men. And a Itris ciilpa is, whi'ii a man employs the saniecare oi- dili- gence in otlier men's affairs as li<' does in his own. Imt yet does not nse all cart; and lidelily which more dilij;ent and circnnisjiect men are wont to make nse of; and this may he called an accnslomcd ne<;li';cnce as well in a man's own ali'airs as in the Inisi- iicss of other men. A lain viiIihi, 1 mean a jjreat fanlt. is eiiuivalent or n<'Xt unto deceit or malice. And it may Iks said to ho next unto dt^'cit imished according to tin? severity of that law, hut in it more gentle unmncr; and thus herein a lata culpa is distingnisluHl from malice, or an evil design, called dolus vutliiK ; for a murderer is liahle on the score of his wicked purpose, and not on the ac- count of gross negligence. Somo say, that generally speaking, whcne, cr the law or an action is touching a pecuniary ]»enalty, and tbo law expressly mentions adoU(9,a, lata culim is insuflicient, and is t-xcludcd." Numerous aatlioritics to flic same cti'cct might be cited; but it will snllice at this stage to refer to such as are most familiar to jurists "ii Great Britain autl tlie Uuitcd States. Wood's Institutes, p. 1(M5. Ihillifax's Civil Law, p. 7S. > licll's Connneutaries, i 2'S'i ct scq, IJrownc's Civil and Admiralty Law, vol. 1, p. 354. Krskine's Institutes, bk. 3, tit. 1. I?owycr's Civil Law, p. 174. Mackenzio's Konuui Law, p. 18C. I)omat's Civil Law by Strahan, vol. 1, p. 317. lleiiieccius, Elemeuta .Juris Civilis, lib. 3, tit. 14, Opera, torn. V. ' Story ou liailmeuts, i 14. DUTIES OF A NEUTRAL. 67 if [154] i- i of the i- e [155] u iiu'nsure rs [150] (', AvliicU lions (;ir- ippoited >f Conti- (■iiiidUlly 11(1 lit' is (lilijivncc Lluit daii- 1) suy, such Mills siicliii Viii IS wh it'll •ss. ]5iit as •h wc stylo r.ihlf siciisi'. I'cclcd ij^iio- ]\ wf easily iiiattfi- ill a i;ciit(; in tlic (■;ii(> ordili- iiU (iuc ami il'; aiitl tills ill tlio Imsi- iiiito (U'ot'it y.'^. iiiiiiit'ly, "not use t!u> (1 issoifi'oss lit 111 iVoiii it. Ill' too great t it is next iiiiiiuds any . (n- a j^ross illows, that |ii only to lio unless it lie ,r hildcitlptl, |t!e luannei' ; lealled dolus H 1)11 the ac- tho luw or |is a dolus, a lifllco at this tho Uuited gcr is, in (lifloroiit states of society, coinpoiiiKled of very (lifferent ele- IlKMltS."' The lii.nliest emirt of the United States has doidited the phUosophy of }4ni7] *ln 1he(hsciissi()n npon llie Treaty of Washin.^ton in the House of Lords, Lord Granville, the Minister for Forei-n Affairs, is repre- sented as sayiiiiL;-: ''The ohlii^ation to use due dili.u-ence implies that the (uivcrnment will do all in its power to prevent certain tiiinjis, and to detain vessels which it has reasonahle ,ur<>iind for helievin^i;- aredesioiu'd for warlike i>urposes."^ Lord Cairns, in tlie samedehate, is represeiitc : as sii.vin;;-: "The point turns npon the words 'diu' dili'^ence.' Now, the momi'Ul yon introduce those words you j^ive rise to another (piesl ion, for -which 1 do not lind any solution in "this rid<'. What is the standard hy ■which you can mcasin'e reater rower." Sir Koundell Palnier, in a sul)se?ir lloundell ralmcr, in the [I5S] sense in which *they are jirohahly made. The dejinitiou to w liicli J.ord Cairns has ^^iven the wei;.;ht of his authority appears to lie nearer to the opinicins as to these wiirds, entertained hy the L'nited States. The Ignited States luiderstand that the diii<;ence which is callience; that is, a dili;4«'nce proportioned to the maj;nitude of the suhject and to the dig- nity and strenj;th of tho J'ower which is to exercise it: — a ilili.ucnco ■which shall, hy the use of active vi<;ilance, and of nil the other means in the power of the neutral, throujih all stages of the transaction, pre- vent its soil from hein,!;' violated: — a dili.nence that shall in like manner deti'r desijiiiin^' men from committiii;;' acts of war upon the soil of tho r neutral ayainst its will, and thus [lossihly drajij^inji it into a war which it would avoid: — a dili;:>encc which prompts the neutral to the most eneri;etic measures to discover any purpose of doinj;' the acts forhiddeii by its o()(,ii faiti, ^s a neutral, and imposes upon it the ohli^atioii, w heii it receives the knowlcd<;e ot an intention to commit such acts, to use all the means in its power to prevent it. No diligence short of this would he "due;" that is, commcustirate n-Hh the cnurfniu'ij, or icith the mai/uttudc <»/ the results of netjlUjencc. Under- standing the words in this sense, the United States hnds them iden- tical with the measure of duty which Great liritaiu Lad previously sidmitted. ' Story on Hailmonts, ^ !■». « Stearnlioat New World m. King, Vi Howard Reports, page 475. See also the author ities there cit«'d. ' Hay on Liabilitioa, c! . 8. * London Tiines, June lU, 187L "A speech delivered n tlio Honso of Con.r>iorr,, on Friday, August 4, 1871, by Sir RotmdcU Palmer, M. J', foe Ricluuoud. Loudon and Now York, Macmillau & Cu» 1871, page Sjtf. 68 DUTIES OF A NEUTRAL. ?|: Tllf Rcroijd rlnu^' of llu- lir>l ItiilH. *It will also ho observed tliat fit^inp out, or arniingf, or equip- [159 pill};", each constitutes iu itself a complete ollense. inB.'"'"r' "'.'uipi'ng Tlieiel'ore a vessel which is fitted out within the neutral's jurisdi(rtion, with intent to cruise against one of the hellij^e- rents, althoujih not e(piipped or arnu'd therein, (and rice irrsa) commits the oiiense aj^ainst International Law, i»rovided the neutral j^overnment had reasonable j^round to believe that she was intended to cruise or carry on war against such belligerent, and did not use due diligence to pre- vent it. The neutral is recpiired by the second clause of the first Hide of the Treaty to prevent the departure from its jurisdiction of any vessel intended so to cruise or cany on war, such vessel liavin;; been sjncially (ulapitd. In whole or iinuirt, icithin tsuch jurisdic- Hon, 1o warlihc use. The Tiibunal of Aibitiation ]»robably will not have failed to observe n^n.nn»fnr,imnee tluit a iicw tciin Is eiiiploycd here. In the lirst clause of the "f"^""'- iirst Ikiile the obligation of the neutral is limited to the pre- vention of the 'Mitting out, arming, and ('(piipping" the vessel. In the second clause, the language is much lnnadcr: a vessel which lias been ''specially a(la|>tcd, in whole or in part, to waililce use,"' may not be iier- niilted to depart. The reasons for this change may probably be found in the ditV«'reiit int(-rpretations which have l)e<'ii put by the Exe- *ciitive and .Indicia] Departments of the two Cioxfiiiuients ui»oii [IGO] the words "littiiig out" and "e(piippiiig,"and in the doire of the negoliators (tf tlie Treaty to avoi(l the use «>f any words that could be deemed e«piivoeal. Ilie United .States will «'ndeavor to explain to the Tribunal what these dilVerences of interpretation were. The eighth section of the United States law of ISIS empowers the Pr<'si»lent to talvc possession of and detain vessels which have been ^\lUtvil out (tnd ;ew York. After some of these boats were launched, but while most of them were on the stocks, and before any had receivtMl machinery or liad been arineroceediiigs were had in London, in 1S03, for an alleged violation of the provisions of the act of 1810, it was held that the proof ' Uiiitrtl States VH. Qiiiucy, C Potere's Keports, 445. « Vol. V, pii-jes 3-470. DUTIES OF A NEUTRAL. 69 [159 'utraVs i. )ollij;e- -■, )imiiits niiueut )r <;airy to pie- ':k ' of the ' T 1 of any ■^ vessel S' ■''s jurmlic- observe J V of the tlio pre- « Iii the las been ■'1 be per- ii )e fouiul c- -1 )n [IGO] :'"■'■ le ;oiiUl be in to the 1 '4 wers the ^ ive been j In the 1 pain and J il years,) ') of thirty f •se boats 1(1 before Ministe)', 3 it of the 1 trality of 1 Dii of the remained ^'y at [101] )n- iir, which irasJii'ist oht to be M ?l was iu- tatiou (in Lithorities ditl'erent exandra,- 11 alh'jred the proof of the ooiistniction of a vessel for the ])nrpose of hostile nse apiinst tlie Tnitt'd States did not establish siieh an equipment, or fittinj; out, or fnrnishin;.', as would biin;^; the vessel within tlie terms of the Foreign EnlistiiH'nt Att' and enable the (rovernment to hold it by proeeediii^s under that statute. Wlieu the Joint IIi,i;h Commissioners met I ir»l.*] at Washiujjton, *and had to eonsider what words they would use iii the Treaty, they fouiul the Exeeutive of the United States and the .Indiciary of (In'at Britain ditferin,;^ as to the meaning of these im- portant words.'- The Tribunal of Arbitration may therefore n>asonably invsuiiie that the frameis of that Treaty, after tlu' e.\pcriene»> of the American insurrection, son.i;ht for lan^ua.ii'e whicli wonhl, beyond any ([Ui'stion. indicate the duty of tlu> neutral to prevent the departure iiom its ports of any vessel that had Ix'en specially abli;;ation to prevent her construction. The United States ie::ard this duty as one that existed by the law of nations prior [lO.'J] to the Treaty of Wash in •j;t on ; but as that *Treaty provides that, for the purpose of the present discussion, the rule is to be taken as haviii;; the force of public law duriny; the Southern llebellion, it is neeiiiy shall iiichidc th«' liuiii^hiiij,' a ship with any tackh', appartl, fnrnitun', inm isions.inius, niniiitions. «.r stoifs. or any oilier thiny; which is used in or aliont a ^ship for the pniposo ot htlin^ or a«la))tin<,' licr for the nca or for naval Kcrvico." • "It IS iMif.itly true that Lord t'iiicf IJaron Pollock and Baron BrnniwcU. as well as other yii at le;,'al anthoritics, thon]i;ht that such words as these did not convey tho true nieanin;: of onr then Foreij^rn Knlistinent Act : which, in thehr opinion, was in- tendtil to apply only to those vessels which might bo anned within «inr jurisdiction, citli.r completely orat least m far as (o leave oiu- waters in a condition immediately to c*"" »f«' hostilities."— Sir K. Taliuer's Speech, Aimuat -1, ld71, i»a«« Si. ^ Vol. V, paye ulW. i > o > . 1 » -TO- 70 DUTIES OF A NEUTRAL. ■'i lionoiiil>lo and leanu'd jjciitU'inan. Tie bcjjiiis with adiniiiistcviiii; a solt'imi fxlimtation, aiKlsoinctliiii^iila^ asolcinii reproof to ICii;^lisli sliip- biiildcrs, lor iiilriii,niii;^' our neutrality laws aiMhlisri'^ardiny- the (^)iu'e!rs I'roclaniatioii by biiildin;; tlieso ships. Well, but if they are violating' our neutrality and disre^^ardin.^ the (Queen's Proclamation, it must ha\e bi'en lu'eausi' they built these! vessels for a belli;;erent to lie employed against some Power with whi<;h we are at peaee. The Inuiorable and learned «;i'ntle;nan assumes that these indivilete the cipiipment. On the way from the Thames to Calais tlu! name of the vessel was chanj;ed to the "Ivappahanock," the insurgent llaj;' w;as hoisted, an insurjient ollicer, holdin;;" an insurj-ent commission, took the command, itnd the crew were mustered into the service of the insurj^'ents. On arrival at Calais, attempts were made to complete the equiinnent. The French Govciiunent stoi)ped this by placinj^- a man-of-war across the bows, and holdinn' the vessel as a prisoner, and the Iiai)pahannock was thus prevented Irom destroyirig- vessels anil commerce, sailing under the tiajj: of ii nation with which France was at peace. The secoml llule provides that a neutral y;overnnicnt is bound not t< The »«^ona uuie poruut or suffor either belligeient to nndvo use of its port> of ii.« Treavy. yj. watcrs US thc base of uaval operatious agaiust the other, 1 DITTIES OF A NEUTRAL. n or for tlio purpose of tlio rcnownl or taujjtiuMitatioii of military supplies or arms, or tiio recruit meiit of me [107] *A (luestion lias been raised wliether this rule is niuli'rstood to apply to the sale of military supplies or arms in the ordinary course of eonnneree. The Tnited States do not understand that it is intended to apply to such a trallic. They understand it to apply to tho use of a neutial poit liy a lielli^erent for Ww rciiciml ov tiiitjDinifiifiim of such military supplies or arms for the iianil oprndions r«'ferred to in the rule. Tal:«'n in this scMise, the IJniteil State's maintain that the same ol»Ii,nati(Uis are to be found, (expressed in other \V()rds,) first, in tlie lM>rei]i;n I'^nlistaieut Act of ISIJ); and, secondly, in the instructions to the naval I'orces (»f (Ireat Ilritain duriu.u' tlu^ rebellion. The Trilmnal of Arbitration will not lail to observe the breadth of this rule. The ports or waters of the ueutral are not to be iuatained there; coal *caiuiot be stored there for successive suppli<'S to the same vessel, nor can it be famished or obtained in such supplies; prizes cannot be brou^lit there for condemnation. The icpairs that humanity demand can be yiven, hut no repairs should add to t!u' stivnjith or elliciency of a vessel, be- yond what is jibsohitely nei-essary to ;;ain the nearest of its own ports. In tlu' sauie sense are to be tak<'H the clauses relatinj;' to tlie renewal or aayiiicntation of military supjjlies or arms and the recruita;ent of men. As the vessel enters the port, so is she to leave it, without aiy of coal is put into her buidiers, the neutral will have failed in the perlormance of its duty. Tlie third Itule binds the neutral to exercise the same measure of dil- igence as required by the lirst Ifiile, in order to ))r<'vent, iu n,, ,i,,ii(„if n its own ])orts and waters, and as to all i)ersons within its "'^ ''^•■'!>- jurisdiction, any violation of the oblijL>ations and duties lu'cscrilx'd by the first and second Rules. The same wakefulness and wat(di- [100] fulness, proportioned to the *exi.u'encies of the ease and the mag- nitude of the interests involved, that was reipiired by the lirst liule, is likewise re(iuired in the performanc(M)f the duties prcscrilicd by the second I'lile, without which the neutral will have faileritain has faileil to fulfill any of her «luties in these respettts) to i>ay to the L'nited States the amountor amounts that may be found due, "oh account o/ the liabiUty ansinyfrom auch/dilKre,'^ makes it unnecessary, in this connec- tion, to do more thiiu to refer to what has already been said on that subject. The doctrines of International Law which have thus been deduced Duty totimkoeiifti* 72 DUTIES OF A NKUTRAL. r r.,..in.vi^w.in ^'f^'" tlio i)nu*tu!e of (jirat I»ritiiin jiiv in lumnony with (lie M'Ml''','.i\"u'rl',i,'r,"n views of the hcst puhMcists. The (li.sciissioiis between the ""'''""" two Cloveniiiients jiiowiii;;- out of the acts herein eoniphiined of, and unfortunately ina(hi neeessary hy tlie unwilhn;;'ness (»f (licat ]>ritain to apply to the United ytat«!S the same measure of jusiiee wiiieh was appUetl to Spain in ISIJ), to l*orlu;;al in ISJT, and whieli was re- eeiv«'d l»y (lii-at Britain fiom llie United Slates in 17!).">, have evoked the eonunents of many writers in ICn^land, in America, and on tlie con- tinent of Europe. For obvious reasons tlie opinions of the ICn;^- lish or Amejiean • writers I'avorable to their respect iv(M-ountries — [1"0] (as for instance I'rofessor JJernard in (Ireat Jiiitain or President \Voolsey in Anu'rica) — will not be regarded. On the L'Oth of ^lay, ISOi"),' Mr. Adams had occasion to (pu)te to Lord llussell the opinion of llautefeuille : "What the obli^^alion ol lier Majes- ty's (lovernment really was, in this instance," he sai«l, "is so clearly laid down by a distinj-uished writer, notoriously disi>os«'d never to e.\a;;';4er- ale the duties nor to undervalue the p;ivilej;('s of m-utrals, that 1 will ask the liberty to lay before you his very words : ' Le fait «le construire un batiment (h^ j;uerre jtour le comple d'lui bellij;erant, ou tie Tarmer dans les etats neuti'es, est une violation du territ«)ire. Toutes les prises I'aites par un batiment luntschli, jjrofessor at the I'niversity [171] of Ileidelbery;, in his i»ami)hlet, entitled ''Opinion im- l>artnde sur la nfro r>:w. - iliiiiti'lcnille. Des droits et ties devoirs des uations ueutres, (Paris, 1811),) tome JJ"'*, pages /D-tiO. DUTIKS OF A NEUTRAL. 73 soil tcnitoiro doa viii.sscaux dc j;ii('rn», dcstiiu's ;\ rtre livrc's s\ uno iA'NTsriii,i, Moilcnirs Viilhrnrvht^ § 7(J.'{,) »•(,"(• devoir i'st pnu'lame jKir la sciciici', ct il drrivc taut «lo Tideo do iM'iitralite qur dcs r^^ards aiixiincls tout ctat rst ii<''<'('ssain>inont tenu ciivns Ics aiilrcs t'-tats, avcc li'stiucls il vit en paix ct aiiiitio. "La iiciitralitc t'st hi n<»i-]>tirtici]Kitinn a la jiiicnr. liorsciuo IV'tat iH'iilrc soulicnt uu dcs b('IIi;;t''rants, il i)n'iid part a la jiiK'n-c v\\ favcur (!(• cchii (jiiMl soutioiit ct «U\s lors // aix. "( 'cs devoirs intcriuitionaux uuivcrscls sont aussi cousacrcs, dans le droit public interne, par Ics lcj;islations anj^laiscs ct anu!'ricaiucs. La loi aii;;laise du 3 juillct LSll) conticnt a cc sujct (art. 7) la dis[iosition sui- vautc: "'.l»r? he it further enacted, That if iiny ])crsou \vitliiu any part of tho United Kin}iainst any prince, state, or potcntat*', or a;iainst the persons exercising', or assuming to exercise, the; jxiwcrs of government ill any colony, province, or part of any i»rovin(;c or country, oi" against the inhabitants of any foreign colony, jjrovince, or part of any province •ir country with mIioiu His Majesty shall not then be at war . . .' '•Cetto loi dcfen.'5 rAiij^lctcrrc, quirtait iVccttcrixxiuoon /i^iU'iK^ iivu' la I-'iancr, sc ii!aij;iiit iU' cf (|iri\ Xcw-Yoik on »''(Hiipat assaaitienliers ei^o'isles.- •' l/opiaioii dii nionde savant et dii nionde i)oliti(|ne(''(lain'' est jiiesiine unaninie a iceonnaitre ees jjiineipes, que le peiiple aineiicain et son pieinier *I'r<''sident ont riioiineur d'avoir proelann'-s avunl [17(5] tons les antics, dans des tt'Xtes de lois elairs et ibiinels." .Ml'. Itolin .Ia<'(pieni.vns, in a notice of tliu able treaties of IMountaj^nt' k..im,.i,,..|.m„^,,.. lleiiiard, published in the same I'cview in ISTl, say?; : " Dans le eas special de rAlal)aniM, M. M, l>(iiiard iiisiste stir le lait que ce \ aissean, en soitaid dn jxat dv liiverpool, n'avait ni nn canon, id ini jnonsfpict. I! recnt dans la bale de iMoi'llVa en\ii-on (piarante lionunes «re(piipa,L;('tini liu fui'cnt ainca<'sde Iaveii)oi)!, mais sans aucan materiel de jjinei'.c. C'est senlenu'nt a Teiceiia, une des lies Acori's, p:ir con- MMpient dans les eanx i)oil ii.naiscs, (pi'il fnt rejoint par la bar(|ni' Aj;ripj»ine, iW Londres, et un ])cu |>lns tard par \v stcitiiicr Mahanni, de laverpnol, (pii lui amenerent ses oliit;ieis, son arnienient, les habits «lo re(|nipa;L;(' <'t un supplement de charbons.'' Un i'ait analo.nue sVst jire- senle pourh'scoi'saireSiSlienandoah et Cieor;;ia, et pp. 31)0 et ss.) " II nons send)lea\ <'t dcs liomincs. I^a consi(l«'ratii»u <|iii' 1:1 liaiidt', iik'HU' coiiliin'c «Iaii.s ccs liiidtcs, sna ciicon' piali- ciilili'. tpic Ics lioiiinics pot I ii( tilt ("'Ire iioiiiiiialciiii'id <'ii^a;;cs pi>iir itiu! dcsiiiiiitiiHi pa('ili(|iH', qiif la dini'iciM-c nitres Ics \aissi'ai!\ ih^ ;,'ii('irc' vl fcii\ (If cDiiiiiii'icc IIC sc i('c(»iiiiait pas tonjuiirs h d»'s caracUTcs < tilaiiis. pent scia ir, dans Ics cms paiticiili«'is, ii i-xcnscr uii a .jiistilicr l;i ('(iiKlnitc dii ^ioiivci'iiciiiciit iiciitic tpii sc laissc tnmipcr aii\ ai>pa- iciici'S. Mais diiiis I'cspccc ccs iiiotirs dc jiistilicatioii on Jiiiilct il Iciir en remit *tlciix aiitrcs; que trois dc ccs docii- iiieiils ('tiiiciit Ics (h'positioiis dc mariiis cn^a^cs a Lord do i'Ala- li;ii!i;i,(t jitlestiiiil commc chose iiotoirc '(pic Ic vaisscan ('-tait nii \ aisst'aii dc eoiiil)at (r/ _///;/;//»// rrw.syV), const riiit ct amcna^(') commc tci, avccdo jiriiiitics (iiiiiiitites dc poiidrc, dc cliarlions, ct (Ic pi'ovisions; »pic Ics iltpn.s;:nt,s ii\;iieiit ('{;■ ciir(')I(''s ]iar dcs |»crs()iiiics Lien connucs comino n.Ut'iitsdes Liitts ('onlcd(''ics: (piMlsiTavaient pas encore d'articlcs toraicls d'cn;:ii.uviiiriit, iiiius (pi'il ('iait };(''ii(''ralciiiciit sii jY Lord (pic Ic vaisscau ^'t;iit nil cuisiiirc (In <;()iivcrncinciit lcd('ial, destine u comlfaltic les Etiits-l'iiis (Ml vertii (rune commission dc 3L .IclTcrson Davis.- I'n dcs uiariiis iijoiitiiit ecitc d(''claration cara('t(''risti(pic, (ju'd avait v(('> diVia capiim'' ciiiiiiiic courcnr dc blocns. ct (pic son iih'c lixc i^-tait de rctcairncr [dans le Slid 'pour s(! vcnji'cr snr les •••ens dn iiord dc ce (pi'ils Ini avaiciit uis ses lialiits.' On liii avait promis (jiie cutte occasion uo tardcrait pas se piL'seiiter. 1^ • "A ccs allidavits ('-tait jointt^ uno consultation (''inaiii't' (run dcs ;[1SU] liiciiiicrs avocats d'An^^lctcrrc, *M. Collier, Icipicl, siir le vu dcs pieces, ('•met tait \\)\) )lati di Eiilintmcnt lettaitloi , „ _ _, ^(7'ctait ('talilie. ct (pic Ic (,'oHectcnr dcs douancs avait Ic droit ct le dc\ t)ir (raiieter le vaisscati. '• Six jours eiu'orc scconit'rcnt avant Ic rapiiort dcs jurisconsultcs ofticicis (law ollieers). Cc fiit Ic L'!) juillct sculcmcnt (pfils concliirciit c^alement a (t inic jc vaisscau Cut arict('. Mais Ic L'S, Ic corsairc, avcrti quonalhiit reinpecher dc jiarlir, sc liatait i\v {\\\\\Xv\-, (inatrc jours pUts tot (jit'il ne fiv I'cUiit in-oposc Ic hassin oil il sc trouvait, ct h^ 20 il prcnait la iiic 1'/ Cciieiidaiit il iic (juitta Ics caux aiiy;laiscs que le 31 'M.li laiNAia). ]>.\)\\[). '■ (\olr hii Mr. niilii,-,! vt'Nsct IS a |iiiV;itf(i' lor t 'nc'ini'myni*.) — '' ' It is well !wii t)y tlic liiuuls on board tluit tlio iiiiil 111' (■()iilc, i>. :!(i:: >(Ao/c /)// Mr. J,'oli„..l„ onlor to liavo ri'taliation of tiu" Xortl iliitiiniiis.)—'' Alli.l. No. H, J). ;U)l). ' 1 wan ti'd t( it Pontli in , — ...< i,,.. i.ieriicrs lor rol)liiii;' me ot" niv clotlii's. He Ll'a^rnt (les (-tat.s (In sml] .«ai(l tliat it I went witli him in lus vessel 1 slionUl very shoitly liuvo that opiiortniiity.' *iyoteliii Mr. JioUn-Juapu^myna.)—" Ama-dxit (1« Clarence Yougo, cito par M. Bku- 76 DUTIES OF A NE(jTi;:AL. " M. r.(M'n;iv c • qui l'iiiail li'tjh'c ot (In'iiisonni'hl". <>uant a nous, nons n(! voyons pas oiHiniii'uf i! st-rait possildo a (indqn'nn <|ni nV'st, ni Anjj,lais, ni Anioiictain, do ]>:irtMjj;or ooHo patriotiqno iiKluIjronoo," *!M{'. 'j'lii'odoio Ortolan, of llio ImoiicIi navy, iVoi)\ Ids praciii ,.i [1>^1 j oxpi'i'ii'iioo, as well as iVoni his tlicoici iciil linowiodiio and 1ms liij^h i('}tutaf ion "s a pid)licisl, is rocop,n i zod as a \vritor of anflioiily on tliosc snhjoots. Jn a la'c odilion of Ids Diplo- fiHiiir (Ic U( nur* \u' dison.-srs (lio sul)|oct of noutral olili/^alions with 8p«'cial I'oforoMoo to tho dillcronocs hotwocn (ircat Ilrita'n and tho I'nitod tStatos. llo says : '•Si Ton sujtposo un naviro oonstruit sur U'. toiritoiro noutro, non pas sur ooimnando .i'nn hdli-iiMant, on par suiio (Pun tiaili' ostonsihh' ou tlissiiiiido avoi; oo hollii;t''ianf, Jiiais on ww d"nn dcssin (inoh-oniiiio. soit nf autre, ot quo oo naviro, ih'ia par lui nii'iro propro a hi unorro ou do nature a otro oonvortl a cot usap', uno fiiis scati dos ]iorts i\o hi nation neiifre, soit veufhi, dans lo couisch' .sa ;:ivi'i:Uii.n, oecasionnollonion!, a I'lin «h's Itolli^^erants, ot so inotto a iiavi^iief on (h'st inalion d,''.eeto pour oo hollii^eranl, unto! naviro dans ar I onnonii ipii pourra s'on oniparor, niais sans (pi'aiionn ^rioi' di; vio- lation ar los Anj;Iais ot juj;o dc lioniie jaiso \k\v la cour hi situation olianj,^o, la oontrohanposoqu'il s'anisso do hat i incuts li,(pii so forniulo en o(^ pt'U tlo mots: ' In\ iolahiiitc ih) icrritoirc nontio.' ('otto iiiv iolahiliti' ost nn droit pour Tctat noiilrc, dont Ic tonitoiro lie doit pas otre attcint i>ar los I'aits rcla- rolifisqiio id' di; vio- lies [IS'J] dc IK' ciriio.i- itus. cap- aiiiirautc IS la (pH's- cf modi- tali incuts pour It' iiici' avt'c '. coinmis aii'iit ('tc d<';iui'.(''»'; diHiciilti's /ant toil- It' second*' la pr<''CL- ics I is; '.J ipc iolabiliti' al nciiUc, 'ire, inais Olio inijmso aussi a oo n)cino ctai ncnti-c iiiio riroito oMijjfalioii, od'o de II,' pas pciiiicttrc. ccllc (rciiipcclicr. activriiiciit an Ix'soin, Tcniploi dc co tcnitoiic par I'liiic dcs parii«'s. u'l an prolit dc Tunc dcs parties l)clli;;c- raiites, dans nn but liostilc a Taut re paitic. " Ia'S piililicistcs en credit ne tout anciiii doute ])onr «'e qui conceriio raniieiiHiit <'t r*'qiiii)einent .'.ans itn port iieiitr*' dc batinients dc iiierrc destines a accioitrc Ics forces «lcs Uclli^jcrants. lis s'accordeiit pour rc- ciiiiiiaiiicrillt'^alitc iV' ccsaniicnientsoii ('(piipeinents, conune une inl'rac- tioii dc la part di; I't'tat iieiitrc qui Ics tolererait aiix devoirs <](' la iicii- 1 tralit.'. '1 " N"'"''-'! 1'"'^ evident rpTil en doit etre de nieino a fortiori pearc(l [1S4] at l'"lorcnccin ISTdfroni tlic pen of i'lofessor ricr*antoui. U'itli- ■j^ out claiiiiiii;:; the cxtreiue rights \vlii< h this IcariH (- ^•entlcinau '^ coiiccdi- to tliciM, llie I'nited States invite the attention of th«' Trihii- il iial oi' Ailiilration to the following- exj»rossi(»n of opinion: '• Dopo (lie nella sc/. XXI I, il professor di Pavia sosticne die ne il g-(nei!io in,i;lesc lie j;li altri ;;i>verni debhano assnineic la giiiiidiovciiio bri- ^ taiiiiii'i>. pel' essere le iiiedesime una coiise,uiien/,a immcdi.ita di iiii iatto illr-ilti.iio. die ebbe liiop) da sua jiarte, N iolaiido api-rtamente le \k"^\*\ dtlia ncuiialita.' '• lo noil poss!) acconsentire a qnesta mite concliiusione, an/.i me no -!o per ((insiderazioni di Iatto e tli diritto. In liiica di fatto, io nou iiiteado loaie il cliiarissiino aiitoro osclmla le altro spe<-ic di olVese. <'ho i" Sumner ed il sno jnoverno adduc<»no di aver patite dalla na/ioiio [is."] iimericaiia (-s/V.) Xella esposi/.ionc ileirar;4«)meiito bo citato "^i tic * c;;pi, iiei (piali ria.ssuiiic il Sumner la .serie delle otVese patil*-. 11 «aso del vascelio cosiriitto a Liverpool e il piu ^rave ; ma ^^li Ameiicani 8osten,t;(!iio die avscniicro altri simi;iliaiiti casi, e sino a prova ctuitraiLi tioii e Iccito dicoseriveiv il niuncro dei fatti addotti conic olVeiisiNi. '• In diritto. io iioii so, che in qnesta sceouda parte lo .scrittore iion ricoriv ad alciiiia diiiiosfra/.ione dottriiiale, peielie e,uli liniili le coiisc- guciize delia ^ iolata iieiilralita al semplice rifacimeiito de' danni eayio- iiati did limio eor<;iio. *• I piineipii della iieiitralita soltanto aeen nlif'thrr .ships iritli a riric to irar lintl hccn hid It in our purls li!> (iiir of tiro hrlHncrciits. Thiij )i<(y (ireat llrilaia, J)iuiiij4' tli<' war lu't ween Spain ami llie SpanisliAiiiericau Colonics, ( ,-.. .1 s,., 1, 1, tlic (lovcniiiiciil of Sweden s(»ld. in tin' ordinary ('oiii'sc ol' "■""' conniK'iee, lo somk' pri\iilc indi\ idnals, some \ i'ss(>ls of war. after first disniantlin;^ iIm'mi ol" tlicir arinaincni. and rediiciiiu' tlicni to a iniieli less loniiidalile eoiiditiftn than tlu' Ala^aaia was in when she h'lt laverpool. S<»me of tlie cctrrespondcnec wiiiili took place lielwccn the Spaiii-'h Minisler at StocMiolin, the KMissian [Minister, and the Sucdisli (lovcnnient may he loniid in l>r Mnrtni's diu^rs ('(■l^ (•hauliers ondro et pour ra\ itailler h's halimeiits. *" Le miiiislie dc la marine de S. 'M. sni'doise avisa done atix [18SI nsoyens iiecessaires pour troiiver des aiMjiHTcurs. Six vaisscaiix, tort hi>ns 4'iicoie, liieii <[iie h'lir construction remontat a iT) vt ."iO atis. ♦uretit d(''clai(''S I'c'formes, et leiir \ cute fiit annoiicee; c'e|;iieiit le vais- scan Fiirsinti!ihitrH(\:i IMi'-voyancc) ct les i'rv'^atvsj' J! urij(li«-i', lit CainiUc, la Miuilifihrtrii, Iv Chaintiou, rt hi Tnpprrhrten. ''Avaiit iiK«"s ^tUi, :M7, ' Du CuHMy, Droit MuiitiuK-, tuiue '^ piige 4U'J. Hsnr DUTIES OF A NEUTRAL. 79 '' Siir le roTus do la Irji'iition osi)ajfiio](' iTt'iitrrT en iiocrocialioii jxmr I iici|ii!:.ili<)n (]('s l);'ilii!i('iits ds'si;--! u'-s, Ic jioiivcniciiiciit siu'duis acccpfa Ics ( I)('ii(Mli('ks: (('llt'-ci ]»(MI apivs rrila Ics hatiiuciits doiit rlKi avail lait rafquisiiidii a la laaisoii aiiyiaisc IJaiclay. llcriiii;^-. Kiclianl- son ct C"', dc Loiidivs. "Or, ccttc dcinicTc inaisoii ayaiit, aiiisi (pu' la iiiaison Cioldsnnlli, do T.oiidrt's, loariH Ics loiids dc rciiipniiit coiiti iiclc, pcii dc tciiips ;i\ ;iiir. par Ic 3Ic.\i(iac, l'I'!spa;;ii(' ciut I'ccomiaitrc, dans la ciicoiistanc!' (!»« TiM-liat (Ics hatiMiciits rclttniics lait par la iiiaisoii IJarclay. Ilcrriiii;'. IvMcli- fl.-i!)j ardsoii ct *(''''. tics mains dc la inaisoii dc Slocklmlia, iiiic iiiH'H- ti(i!i ih' siiiiiildiloii asaiit pour lait d'cluiniicr la pcn-^cc t( .iL'.'i, a M. Ic cianlc (Ic Wcltcislcdt. 'I'Miistrc dcsalVaircs ctiaii'icrcs dc r ..-de, cl par laipielle, il laisait app it\auli'' dc S. M. snedoisc, d(ait la religion a\ait sans (kaile (•!('' sMiprisc, conjiira le ^•oiivciiiemcnt dii roi dc rcsilicr Ics coii- tials dc vcnte. ct avaiit lout 0J " Dans sa n'poiise an eliar^('' (ralVairc.'* d'Ks*pa!:nc. Ic mini^tr*^ siK'dois (h'elaia onvanl excrcer snr ses siijets la siirvcillanee (pii liii eonvieii- jdia. .Mais v(»iiloir, snr de simples pr(''soiiipii(ais, aiictei iiiic \ elite dans ht craintt' (Vvn dniKjir a rvnir, qui poiirnnf in n'snittr^ ee serail ancaiitir |ra(tivit('' et lo (U'veloppement de toiites les transactions eommeiciales.' *' .\ la suite dc diverses notes (■(•lianjit'es eiitrc l( ministre siK'dois rt J^r. d'Alvarado, (pii ohtiiit des eiivoyc's des piiissaiK cs amies ct allic«'s do iri;si»aoiu', r«''sidant 5\ Stockliolm. d'appiiNci' ses n'-clamations, Ic i^oii- iveriieiiieiit de S M. le r(*i de SiK-de, \(riilant don.ier uii t(''moi;xanj;e iX^i la Itoiine loi (pji I'avait ;'iiid(''daiis loutecetto atlaire, consent it a resilior lies contracts dc vcnto (pii avaient oto passes, en dernier lieu, a i'occa- [1!)1] sion de hi Prnun/nncr, de VEaryilia'^ et dc i1!] dc la diete snivanlc. " Le .i!,()iivcriicnM'nt sucdois en resiliant lcs contrats dc vcntc, ct eii s'iniposant iin sacriliec d'arjicnt en ccttc circonstance, a}»it dij;'ncinent ct loyalenicnt ; anssi loiijitcini»s ipril n<^ vit dans la vcntc dcs hatiinents dc ^t>nerre n'toiiiics el operation piuc- ment coiiiniercialc, d(»iit lcs n'-snltats devaient protiter nni(ineiiicnt, taut an coniinei'cc (Tancnn acrpicicur, ar la maison dc Stoekliolni ct rcvcii- n'a- vait encoieetc' reeonnne par ancnn d<'s<;rauds eiats enropii'cns, la Sncd(, alli('e oil amiedc ri"]s]»a;;ne, ne ponvait se prefer, sans porter atteinte an jnineipe dc la nentralite, a cc «jiic ses vaisseanx dc guerre relormcs con- conrnsscnt a aecroitre lcs lorces navalcs dn Mexiqne. "Ce nc lilt (pie le L'(! d(''ecnil)rc ISLMi (pie la (Irandc-lircta^nc si.nna, a Ijondres, nn traiti' public avc(! lcs ('tats mcxieains; dans ranin'c ISL'7, *la I'lance, lcs Pays I>;is, Ic Hano\ I'c, le ])aneinark snivi- [1M.'!J I'cnt cet c\enii)le, en siyiiant, avee It' jnoiivernemcnt mcxieain,des traiti'S dc coniincrcc ct de navi;^at ion ; le US (hjccmbrc ]S;>(>, enlin, I'Ks- paj;ne. compicnant riiiiitilit('' de eontiiiiier la Inttc c(Uitrc des colonics (pii s'etaieiit scpar(''cs d'clle sans retoiii-, (;oncliit avec le Mexi(pic nn traiti' (le i)aix ct (rami(i(''. " I'^n a^i.-sant ..utreincnt cjirellc le lit, c'est a dire on i)crslstant a rcponsser lcs i-elamations du c!iai\i;('' d"allaii('s (ri-Npa^jnc, la Siiedc, nous !e r('jK''tons, aniiiit mampK' anx devoirs ct :uix obligations d(^ l;i nentralite''. C'eiit ('te se pivter a lavoriscr run des dcn\ belli;:i('raiits (ct, dans le cas aetnel en ISLT), ]r belli;;(''i'aiit lavori-^e ('-tait nn [n'liplc «l(mt la condition politi(pie ('tail encore iiidetcrmim'c), qnc dc ne pas ])rcndi(' lcs mesures iieecssaires jxnir (pic lcs batiincnts dc fjutMiv riJibniK's, \-endus avee nn deini-armeiiient, n'allass»-tit jtas acen»itn' lcs forces navalcs (rune colonic dc I'l-'spa^iie, insur'^iV coutre rmitoriu* du roi catlioli(pic.'' It may possibly be asserted tliat tlic const ructi«Ti, or the fittinjj .»: . or the aiininii', or (lie e(piii)mcnt by neutrals of vcssi'U < war intended lor tlie scrsiee ol' a i)clliy'crent were. l«<»iore the Treaty (►!' Wasliinjiton, to be rc;:ardcd as standite^ upon tlic same ro(»tin;i' with the (Icaliiijis in articles *oi(liiiai!.\ fl:»lj esteemed contraband ol war. Should this be the case, the In itcil OtrflldlMR VHH'cU not Mmiily c«'tiir:i- buiiii ill v.ar. DUTIES OF A NEUTRAL. 81 Shitf's ipipfl't confoiit tbenisolvcs with a roforonoo to tlio lii.-.tory of tln' ](';:is!atioii of the two couHtiii's, as a comjdcti^ answer to siicli an asser- tion. ^\ liile tlie subjects or eitizeiis oleiliier coiintr.v liave been lett by liiw iVee to inanuliicture or sell muskets or j;iinpow TiMted States to rely in this i('s])e(t upon the action ot the sevt-ral blanches of tlu' (!overnments ot the two countries. The (pu'stion has been considered by several of the Iciidin.!; publicists of the (JontinJ'ut. Ortolan, in his '• Diijloiialie de la iiier.'"- says, in additioji to what has already been cited: "A pait toutei)rohibition faitel(''.iiislativem«'nt par telle outelli' nation, il faiit, en droit international, consith'-rei' conune des actes (leci(;eMient contraires a la neutralite, ri'-ipiipenH'Ut, et rarnie- iiieiit et, a ])lus forte raison, la constractioii dans les ports neutr<'s areils actes a la contrebande de j-uerre piopreiiieiil dite ct quo I'oblifiation pour un etat neutre ectateur< trail- (|iiill('s lie la Inlte, de n'y prendre amiine jiait active, id de ])aiticipev 'iirecleiiiciit aux actes ile la uueric. I.es ijouverneim-nls, le -nje IS (traa/^irs qui Iburnissent ii Tun des belli<;orants des secours directs i'lniiii; I 111' contest ill rmtiiu'al ln-twciii Hdi Miuiicl iiml l>iiiiii:i Maiiu II, an niiiirmcii ■ xprililiiMi ol' tl!(' adlii'itiils of Donna Maria itll I'oii.-moiilii. ostciisililv lor jJra/.ii. 1>IU !i. illy foi' tlic Azores. Tin- I!iili,-li (iovciniiicnl of tliat day iniiMicil it lo 'I'l'ivi'iru, ncd into it and l>roI»> «t' I. mils liy a votr "t IJ.i to :{|, ajid in the Ilonsc of ("oinnions liy a vote nf I'.d toTS, ( liaiianl lor !>-:?'•, ^•■L XXUl. Sfc also Annual Ucj^istcr foi' ]"'■.".>, and I'liillinutn's liiii'inatioiial Law. \"\. !, i»a^c v;jl>, tl XIII.) The t'lihiiiial of Ai Idl lalion wiil not fail to oii.ii'ivc liow dil- I'liiillv' till- I towels and duties cf the tiovernnient wctc cons; rued liy I lie I!riii>li t iov- ':iiiiieid wiieii it was a (nuslioii of I lie dif^inte^ratitm and disiiiption of the e«ijiineivt) iil'tlii- I'niifd Slates. •l»i|)lon.ati.' de la Tiier, Ortolan, tome "i, j)ajit* 211. = ll(lVt»'r, hi-iiit hilrriKilUnutl, (French tratiislatiou by Jules Ber|jf90H,raiw,) pa^eOlHl. S. Ex. 31 '"' 82 DUTIES OF A NEUTRAL. cominottont iino violation li (pn' les jnoprietaires avaient e()nnaissanc«' dii l»nt illicite dn voy- a^^e. Tontel'ois «'ett(! p<'naiit»'' n'est pas tonjonrs <'Xfcntee a leni' eyai'd avee la nieinc^ si'-vt'-rite. JOn r«'-alite elle constitnte nn acte <1<' legitime «letense anipu'l le lu-ntre (jni se n-nd <'oinpli<'e de ran des bellij^erants ne. sanrait <''»'ha]»per du eote de rad\t'rsair«'. '' Mil ilehors dcs eas (pii vicnneni d'ctn* ('nnnn-i'cs, il cxistc encore nn certain nonibrc d'ohjt'ts dcnd le «'oinnicrce est r»'jfar«l<'', d'nne nianient l»lns on moins lii'ncralc ilans la pratiipn' des ctats, coninie [n'oliiltc. il constitnte la contrabandc dc ;incirc propit-incnt tUtc,*' Witliont wcaryin'i' tin' patience ot the TrilKui;;! in tlic Cnrtlicr dis- ,., ,,,„.s„„„. enssion of this (pu'stion, it will lie assntnco aiil hoi i/,ed " to sell the vessel to I he ( lovernmeiil <»l I'.nenos Ayres i/ lie could obtain a snituhlc i» irr." Tie did sell her, nnd nIu> •went iiit' the service (»f that ( m»\ii nmenl as a man of war. She [lODj snbvoipicnily pnt intoa port of the I'ltited Slates, and w hile thern I'lilisicd thirty new nu'ii, and look with lu'r, when she pnt to sea, tbo newly ("idisted inen, ami a tender, which carried some moniitc«l inniis antl iwcnl.N li\o men. Alter this addition to her elloctive power for in li'tii L'(»L' ' 7 Whuttton's RL>iM>rtK, luiyo *i83. DUTIKS OP A NEUTRAL. 83 inmxion [lar tons 'S (l'lU)S- lioinmcs iierrc on c- [107J }\\t con- )I()y«'! Jill si il est ' i'i(:iiil il lore, iiinl v{\ f,r Imt iy lo:nl( (I riiiiiiiicnt. ol Sjiaiii leal iXO\- apcrcaifio A I'.ucaos slu> ^il(^ [l!»i>J I'll- o w>a, tlio iitcd niias \\vi' lor ia- jnry. nssistod by tlio tender, slio cajitnivd tlio Spanisli vossol Santisinia Trinidad, and ranicd Imt caiuo into ,\oi folk, one of tlu' ports «»f tli« Initcil Statrs. On tin; insti;;alion of tin' Spanish anthoritirs. itiocci'd- iiii4;s wfii' talicn foi- tlic rcsiiiniioii of tliis property, on the j,Moniid. lirst, that tlic ItHh'peiidrncia had been oii;;iiially iUeually fitt»'d <»iit, armed, or efpiippeil in the I'liiled States; secfuidiy, tliat she liad, after enterin^jf tilt' service of I'.aenos Ayr<*s, illej;a]ly reeiiiited niei' and aiijjmented her tiirt-e wiiliin the United States. The court deciced a lesiitnt-ion ot tlie liropertyoJi the second {ii-oiind. Any veinarlis, therefore, upon the first |Hiiiit were outside of the re(piirementsof liie case, and. ninh-r the Aineri- cau practice, wonhl b<' ie;:arded as witiiont autlioiity; but inasmucli as tliiv were made by one of the most eminent writers on jaiblie hiw, tliey (l('M-rvetheconsi(h'iation wliich they iiave icceive*!. Tal liav<» reached the <-onclnsion that this i>articular tiansnction was a purely ctaniia rri;d veiituit' : and they phu*ed the ih-cree of restitution ol ih«i captured propeity upon later violations of law. It may. ho»v,'vi'r. be saitl tlial the ordinary experiences of human life show tiiat su' h dced;^ b'udeiiijiMn the debiitable ^inaind between j^ood lailh a»;d I'laud. 'I'Ik^ court wliielMh-eided that case evidently did soon tli<* i:apressions wliich tlie iud.Lres received from the particular evidence before them-, [IMIIJ fur. on tlii' very iM'Xt *day, the most illnsti'ions of r..,.t-.'; : iv n,. American judges. John r.Iarsiiall, then ('hief .Instice •w- >!•-«•■ «'i'«" of the I'iiited States-, in the parallel case of the Irresistilde. a vessel iaiilt at. Ililtiaiore. .sent t(» Ibieiios Ayr«'s, and tlien^ <'(anmissioncd ;i^ a pri- vateer, pionouncinv: the opinion of liie same f flic roKiitri/ iniiild he voiufdiivhi thuifil.^ In justice to the highest cressions of the Chief .Justice on the tblh)\viiiy day. I la vinu' fhiis demonstrated that tlie i>rineiph'S for which the United Stah's <'onten«l have h«'en reco;;nized by tlie statesmen, Ihe Jurists, llie imidicisis. and the lej^ishitors of (ireat IJritain ; that they hav(^ the ap- probation of the most eminentaulliorities upon tlie continent of l'iUro))c; and tiiat they iiave been re;;ararded by the United States at the instance of (ireat iJritain. If a piece of jiajicr, emanating- thron,i;h an JCn^^lish ollice, Irom men who had no nationality r<'(M)^iii/i'd by * Ireat liritain, and w ho ha neutral Sovereij,Mi may see lit to adopt ior tlie assertion of his tenitoiial rights f * * "It is a mere qiies- Opinion of Sir luunJ.-II rainier. DUTIES OF A NEUTRAL. 85 tionof priirticiil discrotion, jnd^^fuxMit. ;ui(l inodoriitiou \vliiit is flu* proner wiiv of viiHli('iitiii.y: the oircmlcd diyiiily oi'tlic iiciitiid Sovereign, V I (.1 I'llicf Jii-lH'L- >l:»rbli;il'. TIic riiit<'ny that the receipt of a commission l>y a vessel lilvc the Alaliama, or the l-'lorida. «m- the (Icorjuia. or t!ie Shen- andoah, exempted (Ireat Ilritain from the liability jLirowin;:^- ont of the violation of liei- nentrality. To this ]Kiint they are foftnnately able o cite two from the nniny jieitinent (^u;es adjndicatcd in the Snprenu'Cnnrr of the United States, which show dir<'(tly what the pnhlic law in this respect is nmh'rstood to he, not oidy by tlie United States, but also by [L'l).5] Spain ami by Portn.ual. *'rhe first is the case of the SantisimiuTriindad,'' the facts «)f which have already been ;;iven. The property for i?. h ■ei«iinn i{ t!i>' SiipfeitieCniirt ■iltll*' I'l it'd St. It.-, ,U till' r.iw* of tin* .*» intini- fir.iii Pur:. which restitution was claimed in this case was Spanish. The libel was tiled by the Spanish Consnl at Norfolk on bv'- lialf of t!ie owners. The captni'c was sli()wn to have Im'cii made alter a commission (o the vess«'I, eypicssly reco^Mii/ed by the (•(init rendcrinj;" the decision. ^Nevertheless, restitntion was (lecreed on the jiionml ol* an illegal increaso of armament in the lu'iitral territory d/tn' the <(nii mission. The second case is that of ihe (Iran I'ara,' also already albidcd to. The libel was tiled by the Consul (leneral of l'ortuj;al. Tin- oitinion ot the court was j;iven by Chiel" .Instice Marshall. The facts are set forth so clearly in the opiidon thai no other stateiiu'iit is necessary. Ti.-e Uliief .Justice, in announcinin' the jtnl^inent of the court, said: "The i»rinciple is im>w liinily settled that jjrizes nnideby \essels which Iiiive vit)latcd the acts of ('onj;ress that hav(^ been enacted for the |.!('S- trvation of the neutrality of the I'tiited States, if br(aijiht within their tcrrittay, shall be icstori'd. The only question, therefore, is, Does this case conu' within the priiH*ii)le u That the Irresistible was i>urcliased, ami that she sailed out [HOT] of the port of Jialtimore, aimed ^and mainu'd as a vessel ()f war, for the i)urpose of bein;; employed as a cruiser ajjainst a nation with w hom the United States were at peace, is too clear for ccuitrovevsy. That the arms ami amnninition were cleared out as carj^j) cainiot \ ary the case. Zs'or is it thoujih.t to be material that the nien were enlisted ill form as ibr a common mercantile voyajiic. There is uothin;; resem- hlin^' a commercia) adventure in any ]>art of the transaction. The ves- scl was constructed for war and not for commerce. There was no car^io oil board but what was adapted to the purposes t»f war. The crew was ' llaiisanl, M si-rics, vol. 17-t, pii-;!' l.")'.*."). = Tlu' Scliooiicr ExtrhiUigL' jiHiuast McEiulilen if ah, 7 rranrh's Kcporttf, 110, "7 Wbeatou, 'M:i. *7 Wlitaton, 171. 86 DUTIES OF A NEUTRAL. i f il t(>i-, nor nds on the restitution of prizes made in violation of them. Vessels com|i!etely titled in our ports tor military operations need only sail to a belli^ereiii poi't, and there, att<>r olttain- iii^' a commission, j^o throu};h the cer<'ii!oiiy of discharjiiu'^' and re-en- listing;' tiieir cri^v, to become iierfeclly le;;itimate ci-iiisers, purified from every taint contracted at tlu^ i)laee where all their real force and capacity for annoyance was acquired. This would, indeed, be a fraudulent neu- trality, dis<;'rac«'ful to our own (iovernment, and of which no nation would be the dupe. It is impossible for a moment to ilis^iuise the facts that the arms and ammunition taken on board th(^ lrresislil)le at Balti- more were taken for the purpose of beiii,^" used on a cruise, and I hat t ho jm-n there enlisted, thofi^^h enjiiificd in form as for a <'omim'i'cial soyaye, were not so en^aj;i'd in tact. Tliere was no commercial \()y;i'in(', and no iiidi\idual of the ciew could believe there was one. Although there mijulit be no express sti|iulation to serve on board the Irrcsisiiltie alter Iter reaching' the La i'lata and obtaininiL> a commission, it must bt> com- ]»lelely undersiood that such was to be the fact. Vov what other ])urp()se could they haxc undertaken *this Noyayc '. ICscrytliinj;" [L't)l)J they saw, everyt hiiij;' that was done, spoke a language tix) plain to be misunderstood. " Il is, therefore, very clear that the Irresistible was armed anil manned in JJ.iltimore, in violation of the laws and of the neutral obligations of the I'nited States. We do not think that any circumstances took place in tlie ri\er La Plata, by force of which this tainl was removed."' The coursi^ of the French CJovernment during the insurrection in the case of the IJappahannoek, already referred to, piaclically asserted the power of the neulral to pioiei^t its violated i"'rt?,„'r"mr''li,',; sovereignty, even against a comiidssioned vess(>l of war. " " ""'■ The IJiilish (Iovernment itself recognized this prinii;.le when it ordered the i\Iai>ama to be seized at ><'assaii, and when it found fault with the (iovei'iior of the Oape of Hood Hope for not detaining the Tuscaloosa at (Jape Town. The i)rinci|)le for which the rnited States contend has therefore bi'cn nn'ognizeil by Clreat liritain, S[)aiii, i'ortu- gal, France, and the United States. It is not deemed necessary to add to the forcible views of (Miief Justice i).p,..,i,rii,. ,1- Marshall in the case of the (Iran I'ara, as to the dci)osit '"'"'■ of the otVeuse of the cruiser. The United States only ask that the same Just rules which they, through their highest ♦judicial olUcer and most eminent jurist, have established for [210] ollenses committed on their own soil, may be applied to the of- lenses against British neutrality from which they have suflerud. The Thp prinripli' re 'tiKiiiZ'-d iiy Kraneiv It liiLtaiii,.'^!' DUTIES OF A NEUTRAL. 87 Aliibiiiriii, tlic (rcof^^in, tlio IMoritlii, tlir SlM'niunloali, n\u\ tlic oilier iii- siiruciit Ncsscis of \v;ir iiiiidt' no niiisc tliiit wiis not phitiiicd oit ISiitisii soil. Tlicir r('S|n'«"liv«' finises were to last till the independence of tluv Ccnlederiuy slionM i»e estaldished. The. eai'eerof the I'loiida teriiuna- tcd at ISaliia — that of the Alaltania nil" ( 'licrhonr;;'. 'I'he Shenandoah Mild the <'.eoi\i;ia eaiiie eventually into the possession of the riiiteil Slates. The principal injniies, which will l)e hereinaltei' set forth, came. Iroiii the acts ol these vessels. 'I'here were, howevei', other vessels, wlio.se careers and crimes, as well as those of the aliovenanied four, will now lie .ui\en in detail. licfore proceedin^i' to do so, it will Ikmv«'1I lo note theiioints which have been thus far made. The liiited States trust that they hav«', establislnMl to the ,;,.„„„„„,■ ,,n„oi. satisl'aetioii of the Trihnnal of Arbitration as aj^ainst Great ''''"■ Uritain — 1. That it is the iliity of a inMitral to preserve strit-t mid impartial neutrality as to both bclli^icrents dnriiiti' hostilities. (Sec flir (Jinrn's rfochdihilion ; til.si> (.rt)<(i-ts from I'driotts inilcffi on InlenitilioiKil Liiic ahin'c citiil.) [L'llJ *-. That this olilijfatioii is independent of iniiniciiial law. (St-c (IS ahorc.) '.]. That a in'iitral is bonnd to enforce its ninn'cipal laws and ilse\«M'n- tive proclamation; and that a belli.n'crent has the ri^^lil to ask it lo do s(i; and also the ii,ulit to ask to have the jiowers conferred upon lln^ neutral by law increased if found insnilicieiit. {Sir flir j)rirrilrttts in (iciicritl ]Vii.'iliiiiiitoii\s 11 ibn ill I strut ion ; Lm'il Pulnnrstnii\s sjiiivh of ■hilif L'.!, 1S(;;5: thr opinion of the llritish Aitornvij (iciiiriil ihirin;/ tlio ('riinvan Kill- ; iinil the I'liitiil Stiitvs Sixriiil Liiir of Miircli 1(>, is;;s.) 1. That a neutral is lioiind to use due dilijuence to prevent the littinj; out, arming', or e(piippin,u', within its Jurisdiction, of any vessel which it lias reasonable jironnd to believe is intended to cruise or to carry on war a;iiiiiis| a I'ower with which it is at peace. (Sir \sf h'lilr of the, Triiitif ; also the Foiriiin Kiilistnwnt Acts of ISIU anil ISTO; also llir prr- irdiiits ill (ii ni nil Wiisliiniiton's luhnlnislrittion ; also the irriti rs on Inter- mitioniil Line leho hnre been eiteiL) ."». That a neutral is bound to use like dilijionce to ])reveiit the eon- slriictioii of such a vessel. [See Foreiijn Enlist inent Aet of 1S7<>; ulso tlie netiou of the rniteil States iiorernnient in 18(»!(; also the writers on Jnferniitional Line ahore eiteil.) [I'll*] *(i. That a neutral is Iiound to use like dili^'cnee t(»])reveiit the departure from its Jurisdiction of any vessel intended to " (lilijicnce in its ports or waters, to prevent either bellijivrent froir oi.tai.iiii;.;' there a renewal or aiifiinent- atioii of military supplies, or arms for belligerent ves.sels, or the recruit- ment of iHon. {See 2(1 Rule of tie Treutij ; also the precedents of General Washington'' s administration; also the Foreign Enmiment Avts of 1S19 and 1870 ; also the Quevn''H Proclamation.) IMAGE EVALUATION TEST TARGET (AAT-3) i* 1.0 I.I itt|||||^ 12.5 S IM ^ m u 12.0 1.8 1.25 1.4 1.6 « 6" ► y the ehans'e of tiie olfc'iidinj;' vessel into a public man-of-war. {See the eases of the Santisinia Trinidad and the Gran J/ara, altove eited.) 11. Tiiat this obli.s'ation is not discharjj^cd by a fraudulent attemjjt of tlu; oflen(lin.i; vessel to evade the i)r()visions of a local muni('ij>al law. (rotection of the interests which they are bound to [217] guard, the *United States will not attempt to disinter from the grave of the past the unhappy passions and prejudices, and to revive the memory of the injuries, often great and sometimes petty, which caused such poignant regret, such wide-sjjread irritation-, and '"I wish the word 'escape' bad not been found in the apology, as it is termed in (k scribing the exit from our ports of the Alabama and other ships of that kind. I cannot help thinking that was an unguarded eipression, which uuiy att'ect the course of the future arbitration. I can easily imagine that in some minds the word 'escape' would be construed unfavorably to tliis country, for it nieanB that something has got away wliich might have been retained. Wo speak of the escape of a prisoner ; and the meaning of the term is that there was power to prevent the escape, and that the escape happened in spite of it." — Lord Cairn's (ex-Chancdlor) speech in the House qf Lords, June 12, IHTl. tfec London Times, June 13, 1871. • w 90 WHEREIN GREAT BRITAIN FAILED TO ■;- 1 W' } u bil>-e f>rinsurgi'iit mt- enitions; ;i p:irti.il li(>!ose of contracting for and superintending the construct- ion of menof-war; and Mr. James Dun woody linllock, who had been an ollicer in the Xavy of the United States, was, in accordance with that I'ecommendation, sent there in the suujmer of 1801, and entered upon his duties before the autumn of that year. Mr. North, also formerly of the United States Navy, was empowered " to purchase vessels'" for the insurgents; and Mr. Caleb lluse, formerly of the Urduance Dei>artment of tln^ Army of the United States, was sent to London for "the ])iu'chase of arms and munitions of war,"* T\Ir. Bullock, ]Mr. North, and Mr. lluse (ujntinued to discharge their duties during most of the struggle, and served the l)urposes of those who sent them there, with intelligence ani»ly, or so nnich of it as could be properly picked, cleaned, iind baled, would, to- gether with what remained from the previous year, have been available for exportation in the winter and spring of 18G1- 02. The quantity actimlly sent abroad, however, up to July or August, 18&2, was reckoned not to exceed 50,000 bales, the great bulk of which, but not the whole, wout to England." — Bernard's Neutralilif of Grmt Britain, page 2tiC. \ PERFORM ITS DUTIES AS A NEUTRAL. 01 It so happened that there wr.s at Charleston, at that time, a well- TIi*» firm ofFraBor, established eoninuMcial house, doiuft' business under the name of John Fraser & Co. The head of this linn was fn ',h„im .v ^ u. George A. Trenholm, of Charleston. Another prominent member [220] *\vas Charles K. Prioleau, also a citizen of the United States. Before or about the time the insurrection broke out, and, as the United States believe, in anticipation of it, this house established a branch in Liverpool, under the name of Fraser, Trenholm & Co. Pri- oleau was dispatched thither to take charge of the Liverpool business, and became, for purposes that inay easily be imagined, a naturalized British subject. George A. Trenholm remained in Charleston, and, in due course of time, became the Secretary of the insurgent Treasury, and a member of the so-called Government at IJichmond. An arrange- ment was nmde by whi<;h the cotton of the insurgent authorities was to he sent to Fraser, Trenholm & Co., to be drawn against by the purchas- ing agents of the insurgents.' The tirst amount (live hundred thousand dollars) was ]»laced to their credit in Liverpool, somewhere about the nnuith of i\ray, or early in June, 1801 ; and, under the name of " depositories," Fraser, Trenholm «S; Co. re- maiiu'd a branch of the Treasury of the insurgent Government. [221] *Tlius there was early established in Great Britain a branch of the War Department of the insurgents, a branch of their Xavy Department, and a branch of their Treasury, each with almost i)leuary powers. These things were done openly and notoriously. The persons and places of business of these several agents were Avell known to the communities in which they lived, and must have been familiar to the British otlicials. If there was any pretense of concealment in the outset it was soon abandoned. On the 22d of Jnly, 18G1, Iluse writes to the olBcer in charge of the insurgent Ordnance Department, complaining of the activity of the agents of the United States in watching ami thwarting his movements. ^' It is ditlicult," he says, " for a stranger to keei) his actions secret when spies are on his path." lie says that he shall have ready, by the 1st of August, some of the goods that had been ordered on the 17th of the previous April, and more bj- the 1st of October, and that " the shipping of the articles will be left in the hands of the Navy Department."^ On tin; 18th of September, the steamer "Bermuda" ran the blockade, and arrived at Savannah with "arms and nutnitious on board."^ [222] She came *from Fraser, Trenholm & Co., consigned to John Fraser & Co. Information of the character and puri)oses of this steamer, and of the nature of her freight, had been given to Lord Ilussell by ^Ir. Adams on the 15th of the previous August,' and he had declined to "interfere with the clearance or railing of the vessel."^ On the fourth day after her arrival at Savannah her consignees offered to charter her to the insurgents, and the offer was accepted."*^ '"01" twouty btcainers, Avliitli wore said to liiivo lieou kept plying in 1HGI3 between Niissau and two of the Mockaded poits, siiveii btlonged to a ineieantilo linn at Charles- ton, who had a branch honso at Liviirpool, and through whom tho Coidcderato Gov- Miunent transacted its business in England." "The name of the Charleston lirm was John Fraser &, Co. ; that of the Liverpool house, Fraser, Trenholm & Co. Of the five JHCMiber.s of the house, four, I believe, were South Carolinians, and one a British sub- ject." — licniartVs XcutraUty of Great liritain, i)a(ie !289 and note. The British subject referred to by Mr. Bernard was Prioleau, naturalized for tho purpose. ^ Huso to Gorgas, Vol. VI, page 33. ' Lawtou to Cooper, 20th September, 1861, Vol. VI, page 36. ■• Adams to Rucsell, Vol. I, page 700. * Russell to Adams, Vol. I, page 762. «BeuJaniia to John Fraser &, Co., 27 tU September, 1861, Vol. VI, page 37. 92 WHEREIN GREAT BRITAIN FAILED TO The experience of tlie " Berraiula," or the difficulties which she en- countered in running the bloekude, seem to have induced the insurgent authorities to think that it wouhl be well to have some surer way lor receiving the i)urchases made by their agents in Liverpool. The strin- gency of the blockade established by the United S; ates, and the nature of the coast that was blockaded, made it necessary to have ii set of agents in the West Indies also. The coast of the United States, from Chesapeake liay to the oMexican chiiracur „c the froutlcr, is low, wlth shoaly water cxteiuling out for some dis- biocknjtacoa-t. tance to sea. A range of islands lies oil' the coast, from Florida to Charleston, and islands also lie oif Wilmington and *the coast to the north of it. The waters within these islands are [223] shallow, afloruing an inland navigation for vessels of light d- luglit. The passages to the sea between the islands are generari;y of the same character. The outlying frontier of islands, or of shallow waters, is broken at Wilmington, at Charleston, and at ISavaunah. Atthese three points large steamers can approach and leave the coast ; but these points were at that time guarded by the blockading vessels of the United States, so as to make the approach diflicult. Vessels not of light di aught and great speed were almost certain of capture; while vessels of such draught and speed could not carry both coal and a cargo across the Atlantic. To avoid this risk it was resolved to send the i)urchases which might be made in England to Nassau in British bottoms, and there transship them into steamers of light draught and great speed, to be constructed for the purpose,^ which could carry coal enough for the short passage into the Avaters that connecited with either Charleston, Savannah, or Wilmington. The tirst order from Kichmond that is known to have been given for such a shipment is dated the 22d of July, 1801.^ The attention of the Tribunal of Arbitration is *invited to the [224] map, showing how admirably the Ocosraphicnl eitua- accompanying tion a Nassau and Britlsh ports of Nussau and Bermuda were adapted for the Bermuda. illegal purposcs for which it was proposed to use them. Nassau was surrounded by a cluster of British islands, so that even a slow-sailing blockade-runner, pressed by a pursuing man-of-war. could in a short time reach the protection of British waters. Bermuda had the advantage of being more directly off' the ports of Wilmington and Charleston, n Neither Nassau nor Bermuda, however, was more than two days distant from the blockaded ports for the swift steamers that were employed in the service.' On the 4th of October, 1801, Mr. Benjamin, writing from Eichmond, and signing himself as " Acting Secretary of War," addressed Mr. Mallory as " Secretary of the Navy," and asked if he could " spare an officer from his department to proceed to Havana and take charge of funds there, to be used by agents of this department in the purchase of small- arms and ammanition."* *Mr. Lewis Heyliger, of New Orleans, was apparently desig- [225] nated for this purpose. On the 30th of November, 1831, he takes ■ I Huse to Gorgas, 15tli March, 1862, Vol. VI, page 69. 3 Walker to Huso and Anderson, Vol. VI, page 31. '" The British Island of New Providence, in the Bahamas, became the favorite resort of ships employed in these enterprises. Situated in close neighborhood to the coast of Florida, and within three days' sail of Charleston, it olfered singular lacilities to the blockade-runners. The harbor of Nassau, usually quiet and almost empty, was soon thronged with shipping of all kinds; and its wharves and warehouses becama an entrepot for cargoes brought thither from different quarters. Agents of the Confed- erate Government resided there, and were busily employed in assisting and developing the trafSc. — Jiernard'a Neutrality of Great Britainf page 299. ' * Beivjamiu to Mallory, Vol. VI, page 39. iiilps miles bat I lul, 1 ory ■ cer ■ ads ■ all- 1 ;25j 1 Isort )tof jtbe loon aa Ifed- Mug Tffn.niimmTTi' ^ linmnBomL . —. . tf aLn mnpn iani _ 'ITffll^TtfflBTiJt"" 'Ml" ! :Hf THE of »hr I'NITED STATES and its relation lo tlie BRITISH WE ST INDIA ( OLONIES ^'"T-''^^^ ■ -BHOEX'anat -^li^ii^^ZTOniLiJicEiacr mx£imMiLCi mxaniBanapa^ D ■<'ft*r., .SI. V N'. -. rv SL\ngustim^ -1//- 'I hftorpusClirnlt i l! i i ■Pf V ;/.. 1 ^4 . "^^^ CfhmiaJ KeyHcst B ^ . • !>■ :'Cayl.Sai ri .1. \'W VcMCru-A-^ti 1^^ o (•':; K^'-' v% C 1 • B A^^^, tn/ra^n ■^' '^ '-ln/^^' plabiisco ^-T xV^j „^— ^ ^^\v GUATEMAli ^■^ ■^ Notci The shaded parts areBriiish possessions 90" P^ ■ SwanD Trtixillo o. •^. HONDURAS -^v?^. It c .. mwiimii ^"T.'T- Bsn West of 8 ^^^ 1 ■■^■^ -K ^^.. (ireenwich w rwamma . . '■taazmcfim ! V^illiMINl.lW ' 'Tutt'Brj-Baat " '-VMm^j'jgjff- 710" piim!ii.i' , 'iip^iH^ ^ -'~J[.-.'-2-: R3/i mllfs 86" mil*"' 'J^ ^ ^c ^ a ^. \ 'X' ^ ^. ■/I ^ •■/; /7ow/rt« •.'CaylSal ^•■■.-. \V;.' '(tvjmaii ■M .SSjIvrtdor ... -/ SaniflniiiCa\ SanifliiiiiCay * "^"v^.- ^% -X ■V.,^-^ Ilia^iial? . ^-^l \ii\uriPZ ' r- w- .'^ ^^' -v> /" fronatves } "•'/'--/ Sbi ^g%lon t^-., HAITI ,-'^ i2^ ^'' > /''■"Priitif 'j-.y ^\f- '1 , > Be'ujamiu to Maliitt, 27th Jauuary, 1862, Vol. VI, pago 57. 94 WHEREIN GREAT BRITALN FA'L,ED TO ir-- Gliuliiitor's vuliiabh' cnrpfo wii.s traiiHsliippod to tlio " Kato," a small HtraiiMT sailing under Hiifisli colcas, aiitl cvciifiially all went in tlic same way. In tin' dispatch annoiiiM-in;'' tlu^ transl'cr to the "Kate," Ilcyli}^*'!' said : " You may i<'a«lily imai^im' how intensely dis;;nsted tlic Yankees ate at this partiality, as they slyle it.» It is ealletl another tla^jrant violation of neutral rij^hts. * * My ri'lations with •the authorities here areot'the most Iriendlyeharaeter. I receive f22S] many marked attentions, which I vahm as }^n\\)ix to show the in- creased er's friendly intimations to theColonial Authorities. Under tne construction juactically i)ut upon it, the vessels of war of the United States were excluded from this harbor for any *purpose, [220] while it was ojjcn for tree iujuress and e<;ress to vessels of the insurgents, i)urchase(l, or built, and owiumI by the authorities at Rich- mond, brinjiinj; their cotton to be trjiusshipped in liritish bottoms t(» Fraser, Tn-idiolm & Co., in Liver) lool, and takin-;' on board the car}»'oes of armsand nuinitiiuisof war which iiad l)een dispatched thither from Liver pool. The Tribunal of Arbitration will not fail taobserve that this was no IJritish commerce which had existed before the war, and which tin' neutral mij>iit claim the ri^ht to continue. It was to a large extent the commerce of theauthorities at llichmoud — carried on in their own vessels, and for their own benelit — and consisted of the export of cotton from the South on account of the so-called Government, and the return of arms, munitions of war, an«l quartermaster stores Irom Great Britain, for the i)urpose of destroying the United States — a nation with which Great Britain was at i)eace. The United State's contidently insist that Great Britain, l)y shielding ami ei#ouraging such a commerce, violated its duties as a neutral toward the Unitei> <>^ the Tribunal of Arbitration to the fact that, at the feVS'rt'N^^^^^ very time of this utlair of the Gladiator, another mat- '•'"■ ter was going *on in the same port, which furnished [230] a commentary on the ideas of neutrality entertained by the Co- ionial Authorities. The day after the arrival of that vessel, the United States Consul at Na«saM wrote to his Government thus : " The coal which is being landed here for Government has^ caused great excitement among the Nassau masses, and a deputation visited Governor Nesbitt yesterday to remon- strate against its being landetl.'" The remonstrances were successful. ' Hoyligcr to Benjamin, 30th Jauuary, 1BG2, Vol. VI, page 48. « Vol. VI, page 175. 3 Whitiug to Seward, Vol. VI, page 44 j Vol. I, page C96. Htl^i PERFORM ITS DUTIKS AS A NEUTRAL. 95 On the sjiino diiy tlio (^)loiii;il Socivtary wroto to tlio Consul that tho coal could 1h' admitted only "on the express condition and understand- iu usajjie of na- tions, for the use or service of either of the said coutendiii-, parties;" yet the Colonial Authorities welc(aneo into otln i vessels, in like manner usin{>' the IJritish Hay- for the ])urpose of transportiu!'" it Lo and on account of a beli;;;erent. ."{. That Her ^lajesty's Pioclamation inado no nu'ution of coal, and that coal is not re^narded by Her .Majesty's CJovcvnment as an article necessarily contraband of war ;•' yet tho ['2'o2] (lovernment of the *United States was forbidden by tlie same authorities, in the same week, to deposit its coal at Nassau, ex- cejtt u[)on the conditiou.that it would not use it. The United States have no reason to sui>i)ose that either of these partial decisious met with the disapproval of Jler Majesty's Goverii- nicnt. On the contrary, Earl Russell, on the 8th of January, 1/'f, either from (Ireat Jiritain or elsewhere, and that no munitions of war have been shipped from thence to the Conled- erate States."^ The United States with contiileuce assert, in view of what has been already shown, that, had I'^arl llussell seriously in(|uired into the ctmiplaints of 3Ir. Adams, u state of facts would luive been disclosed entirely at variance' w ith this report — one which should have impelled Her Majesty's Government to suppress what was goinj;' on at Nassau. The foregoing" facts were all witiiin the reach of Her Majesty's Government, although at that time not within the reach of tlie [233] Gov*ernment of the United States. Tho failure to discover them, after Mr..Adams had called attention to them, was a ueglec^ of the diligence in the preservation of its neutrality, which was " due,'^ ' Tliompson to Whitiug, Vol. VI, payo 45. « Vol. I, page 44. 'Lord Granville to Count Bernstorff, 15tU September, 1870. * Kussell to Adams, Vol. VI, page 57. wr hi 96 WHEREIN GREAT BRITAIN FAILED TO from Groat Britain to the TJnitod States ; and it taints all the subse- quent conduct of Great Britain toward the Uuited States during' the strus'jijle. On the 31st day of the same month, instructions issued from the For- e'l^n Oi'lice, i)rescribing' tlie amount of hospitalities to be extended to the belli};erents. These instructions have already bc;\ii referred to. They provided that: 1. No shij) of war or privateer of eitlier beilij;erent was to h.4ua'mi'""uri:,e be perniitt(?d to enter any port, roadstead, or water in the c .g.MMts. Bahamas except by s|)ecial leave of the Lieutenant Gover- nor, or in cas(? of stress of weather; and in case such permission should be given, the vessel was nevertheless to be recpiired to go to sea as soon as possible, and witli iio su[)plies except such as migiit be necessary for immediate use. 2. No shi]) of war or j^rivateer of either belligerent •was to be i)ermitted to use British ports or waters as a station or place of resort for any warlilve i)iirpose, or for the purpose of obtaining any facilities of warlike eqnipment. li. Such ships or privateers entering •British waters were to be recjuired to depart within twenty-four hours after entran(!e, except *in case of stress of weather, or re- [231] quiring ])rovisions or things for the crew or repairs ; in which cas(;s tlu^y were to go to sea as soon as possible after the exi)iration of the twenty-four houis, taking only the supplies necessary for immedijito use; they were not to remain in i»ort more than twenty-four hours after the completion of necessary repairs. 1. Sui)plies to such ships or pri- vateers were to be limited to what might be necessary for the subsist- ence of the crew, aiul to enough coal to take the vessel to the nearest ])ort of its own country or to some nearer destination ; and a vessel that had been sup])lied with coal in British waters could not be again sup- plied with it within British jurisdiction, until after the expiration of three months from the date of the last su[)ply taken from a British port.^ Almost simultaneously with the announcement by Earl Eusscll of an Lord paimprHion'a Imaginary condition of atl'airs at iS'assau, Lord Palmerstou thm.t«. stated to oNIr. Adams that " it would not do for the United States ships of war to harass British commerce on the high seas, under pretense of i)reventing the Confederates from receiving things tliat are contraband of war."- Thus, Great Britain, in the month of January, 1802, through Earl Russell and Lord i^alnu'rston, and tlu^ in structious to the Admiralty ex*cluding United States vessels of [23.")] war from the jiort of Xassau. except by ])i'rmission of the Gover- nor, virtually said to the United States: *' You comi)lain that the insur- gents make illegal use of Nassau, to your injury, in violation of the Queen's rroclaniation, and of our duties as a neutral. We deny the fact; at the same time we exclude your vessels from that port, the place where you can best establish I'm', truth of your allegations, and we warn you not to attempt to prove *' .-.<• by examining too closely, on the high seas, the vessels which sail under the British llag." Having now shown ho\,' the operations of the insurgents began at Nassau, and how they Avere facilitated by the co-operation and roniplieity of the local authorities, it will not be necessary to trespass on the i)a- tience of the Tribunal of Arbitration by a similarly minute examination of the doings at that port for the rest of the year 1802. Other vessels, freighted with contraband of war, followed the Gladiator. The Econo- mist and the Southwick came closely upon her track, and Ileyliger w;is ' Vol. IV, page 175. 'Earl RussoU to Lord LyouS; Vol. II, p.igo .Wl. PERFORM ITS DUTIES AS A NEUTRAL. 97 [231] of an crstou United undiT iit are imiavy, : [23^] le liiyli S,'an at l)li('ity lie pa- lation essels, Kcono- er was directed to do with their earj>oes as lie had done with tlie Gladiator's.' Jliise was also instructed to continue his purchases, and to send to the West In«lia Islands, where tlie steamers could break l)ulk.^ nuse [230] called tlie attention of his i)rin*cipals to the elticiency of the blockade; said that the vessels which brouj^ht the cargoes across the Atlantic could not enter tlie blo(;kaded ports; urged them to continue the system of transshi])nient; and complained of the activity of the United States ofticials.'' It was considcreil important to haves a jiaval olliciir in charge of the transshipments, and Maflitt was detailed for the purpose.'* He arriveth of July, 18(52, he reported that the "Steamer Scotia, a private' venture,"'' was about to leave with a large sup])ly ot rifles, i>owder, and other ammunition, lie did not rei)ort any other "[irivate venture," so far as known to the United States. The opei'ations of Iluse * Huso to (loij^as. t,')lh Manii, !:!()>, Vol. VI, pa-joGD. ••KaiKlolph to llovligtM', lllli April, 1H(W, Vol. VI, pa ye 72. f'M.nllitt to Kaiulo"li)li. '^Ist Mav, Ifc'ti^, Vol. VI, pajro eiJ. •■•H«'vli;,'cr to Uamlolpli. '^Htli .liiiip, I8()'i. Vol. VI, pafjo 87. "Han ley to .Soward, i>7tli .Jiiiii', lfO;{, Vol. VI, page 1"^7. ^llcylijicr to K i iilol);li, Vol. VI, paj;;o 92. 9Gor«,'a,s to Seddon, Vol. VI, paye 104. S. Ex. 31 7 98 WHEREIN GREAT BRITAIN FAILED TO ^n ; li. amount of £444,8r>0, a sum oquiviilonf, wliou the value of cxclmnjio is eonsi(k''<'d, to 8'">,i'-">,40L' of oui-cuneiicy. * * .An a^ent, Mr. Norman S. Walker, was lately (lis[)atelie(l with 8-MI<)0,000 i;i bonds of the Coii- feih'iatc States. The instructions to Mr. Walker direct him to return to IJernuuhi, after the disposition of the honds in En^'land, and aiter conference with !Major lluse. lie is to r2, pui'chasedarms, anununition, and sup[)lies to the anu>unt of about nine ndllions of dollars, and that the branch tf their Treasury [240] established at Liveipool liad during the same tinu^ i)aid on ac- count of these purchases over tluee millions of dollars, and that vessels either belonging to or «'hartered by the insurgent authorities were oecn- l)ied as transports, (in violation ((f the Foreign I'^nlistment Act of 181!>,) in carrying this large (luantity of war material from Urilisli ports to the insurgents, and in bringing back cotton, tlie projierty of the insurgent authorities to be used in making payments therefor, it is now necessary to see what the branch of their Navy Department, under the direction of Bullock, was engaged in during tlie same period. The United States are not able to trace these transactions with the minuteness with which they have been able to narrate the doings of Huse and Heyliger. The correspondence of those who assumed to direct the naval atiairs of the insurgents has not come into the posses- sion of the United States, a-> did the conlidential correspondence of other agents heretofore cited. Bullock's operations, however, were on so large a scale that it will not be diiycult to follow him. In doing this the Uinted States will continc themselves to general statements, reserv- ing the ])articulars for the remarks that will be made ui)on the career of each cruiser. ' Huso to Gorgas, 4th iVnjjiisf, IHG2, Vol. VI, page 93. * Gorgas to Raiuloliili, 1st l^ovouibiT, 1662, Vol. VI, pago 103. 'Gorgas to Huso, 1st January, ISti'A, Vol VI, pago 107. 'Gorgas to Huso, 'Jtli February, 1803, Vol. VI, page 111. PERFORM ITS DUTIES AS A NEUTRAL. 99 [211] Biillook, as lias boon said, established himself in Liverpool in the suinmer of ISOl. The U.iited *States (.'onsiil re- wu,,*.,. .i..n^,,t ports hiiii on the 2()th of September as "residing in ''"■ni'..Myi:"ii.„k. private lodi^inji's in Liverpool," and as beinjr "chiefly in eoniniunieafion "itli Fraser, Trenholin »S: Co., whose ollice he visits daily." J'rioh'an, one of the tirui of Fraser, Trenholtn & Co., says that he occupied lor a vciir after his arrival a room in their otlice,' It is probable that as eai'ly as October, ISO], he had made the con- tracts for the two gun-boats which were afterward known as the Florida and the Alabama. The drawings of the Alabama were sigr.ed by the Lairds, Avho built her, on the Otli of October, LSGl. The United States have im means for determining th<^ date when the contract was made with Fawcett, Preston & Co., for the Florida. Tiu'ir Consul at Liver- j)ool has stated that on his arrival at the con ulate in Novemliei-, lS(il, his attention was called by the acting coiisul to this vessel, then ealle«l the Oreto, and to tlie Alabania. It is ch-ar, tlierefore, that tlie work was ailvanced at that time.'* Prioleau also testifies that he introduced Bullock to Fawcett, I'restou & Co., for the purpose of making the con- tract for the Flori«la.'' By the 4tli of February, 1802, the Florida was so uearly completed that the Consul at Liverpo(d wrote, " She is now tak- [242] ing in her eoal, and api»ear*aiu'es indicate that she w ill leave here the latter ])art of the week ,\ ithout her armament." Pier gun-carriages were soon taken on board, in pieces, sonu:' in a rough state, and wen; put in the held,' and a day or two later she received her provisions, au0:J. THeyliger to Randolpli, ad May, ISm, Vol. VI, page 76. 8 Dudley to Edwards, Vol. Ill, page 17. a Vol. II, pag(!8 .fiOrj and 004. '0 Dudley to Seward, Vol. Ill, page 1. Tlie Alabnma 'liM ill I 100 WHEREIN GREAT BRITAIN FAILED TO & Co."' Captain Bullock was "all the time in coinmnnication with Fawcett, Treston & Co., who fitted out the Oreto, and with the Lairds, who were tittiug out this vessel," and went "almost daily on board the gun-boat, and seemed to be recognized :,s in authority." It was even said in Liverpool that he Avas to command her.^ Mr. Adam."-^, on the 2'M of June, invited Earl llussell's attention to this vessel, and an ex- .amination was (udered. The examiners reported to the Lords Commis- sioners of Her Majesty's Treasury that it was " most apparent tliat she is intended for a sliip of war," and that " the description of her in the communication of the United States Consul is *most cor- [24-i] re(;t, with the exception that her engines are not constructed on the oscilhU(M\y principle."^ The evidence of the criminal character of the vessel became so over- whelming that Her ^Majesty's Governnient was at lengtii induced to give an order for her detention. Beibre the order reached Liverpool she Iiad escaped. She ran down to Moelfra Bay, on the coast of the Lsle of Anglesey, and there took on board twenty or thirty men from the tug Hercules, with the knowledge of the British ollicials at Liverpool. She then sailed to the Azores, where she was met by the Agrijjpina from London and the Bahama from Liverpool. These vessels brought her ollicers, her armaments, and her coal. The transshipments were made, and then the British ensign was hauled down, and the insurgent flag hoisted. It is not deemed necessary to examine further, in this connection, the evidence showing the palpable (ihaiacter of this vessel, especially as liOrd Ivussell, in the course of the discussion which ensued, admitted that " it is undouhU'AUj true that the Alabama iras parth/ fitted out in a JJritish 7)orf."* That eviden«'e will be discussed more at length in its appropriate place. For the present, the United Stales only aim to satisfy the Tribunal that, tiagrant *j;s was the violation of neu- [245] trality in the case of the Alabama, it was but a pavt of the great scheme which was set on loot when Huse, Bullock, and Fraser, Treu- holm «& Co., combined together in Liverpool. The operations of Cai)tain Bullock were manifest about this time in The Sumter at H'^itc auothcr (juarter of the globe. The insurgent steamer G!,r,!ie.. Suuitcr put luto Gibraltar in January, 18(!2, out of coal, and not being able immediately to obtain any was obliged to remain thereuntil United States men-of war arrived in those waters. Deeming it impossible to escape she was then offered Ibi* sah', and when the sell- ers came to make title, the otlicer in charge produced "a i)ower of attor- ney from a <;ertain Bullock, who styles himself senior naval oilicer in Eiiroi>e."^ (iieat Britain, in spire of the piotests of the United Stateii oihcials,'' pel milted a sale to take place,* and it is not improbable that, it the sale was bonajidc, the money went to the insurgent agents to swell the fund for the payment of the Alabama and the Florida, then in the Mersey. ■NYhen the Florida reached Nassau, it was again found necessary to depend upon the Liver[tool combination for funds. The insurgent Secretary of the Xavy making *application to [2-IOJ The Florida at Na^»uii. ' Diulloy to Eilwards. Vol. Ill, pagt 18. 'Dudley to Aduiiis, Vol. Ill, page G. ^l.eport of IJoard of Cii.stom!«. Vol. Ill, page 7. ••Earl KussiH to Mr. Adams 5 1 Earl KussiH to Mr. Adams, 'iiUli 8i-i)tciiilti r, 1804, Vol. Ill, page HinajjiU' to Adams, Otli Dett'iidHr, l!^&2, Vol. II, page 507. .Si>rajj;ue to Fri'"liii<;, Vti5. II, pagr oil. 299. bpragne to Adams^ Vol. II, page 515 PERFORM ITS DUTIES AS A NEUTRAL. 101 thoir Secretary of the Treasury for fifty thousand doUars, to fit out and equip the C. S. Steamer "Manassas," [Flori«hi,] "now at ^Nas- san,"' was answered that "the Department had funds in l^nglaud,"' and that he coukl have " a bill of exchanjje on Enjyhuid for the amount required."* MaUory aceei)ted tlie sugjifestioii, and requested ^Memminger to " transmit to Nassau, throuj^jh JNIessrs. J. Fraser & Co., of Charleston, a bill of exehanpfe in favor of Lieutenant John N. M; {Utt, for lilty thou- sand dollars, ($50,000,) or its equivalent in pounds,"^ which was done. The construction and dispatch of these vessels were by no means all that was planned in Liverpool during that year. Ou tlie r.M„™t-.iwr ..,.,. 21st day of August, 1802, MaUory, the insurgent Secretary clX.""' of the Navy, wrote Mr. Jetterson Davis: "Acoj»tra(!t has been made for ike construction abroad and delivery of six iron-clad steam-vessels of war, upon jdana and specifications prepared by this departnuMit, which, with the outfits to be furnished, together with six complete extra engines and boilers, are estimated to cost about $.'3,500,000."* Tlje estimates an- nexed to this letter are to the same amount. Thus it ai)pears [247] that, before the 1st of *January, 1803, Bullock had dispatched from Great Britain two formidable cruisers, the Alabama and the Florida, to prey ui)oi'. the commerce of the Unite;]. The Florida steamed into Nassau on the morning of the 20th of January, in that year. What took place is thus described by an insurgent writer: "This nw Fh.rid:. i,t seems to be our principal port of entry, and the ^' " " [248J amount of nuniey *we throw into the hands of the Nassauites proh- ably inliuenees their sentitnents in our i'avor. Wc tooJc on board coal and proi'isiom to last us for several montlts.^-*^ This history has now arrive.iiii fmt.i Hi Karl Uims.ll. ' MaUory to Mcmminser, SOth May, 18(52, Vol. VI, pago 84. - .Meimiiinger to MaUory, 27th May, 18(52, Vol. VI, 85. 'MaUory to Moiiiuiinge'r, 27tii May, 18(52, Vol. VI, page 85. M'ol. VI, pa^e UG. Sec also, ou the same iwiut, MaUory to Mason, 30tli October, 1862, Vol. I. ]y.{i^c> 57;}. ' Hiriiaid to Sew.nrd, Vol. II, page 4R5. "^Jouniul of Coufcderato Steamer Florida, Vol. VI, pago 335. 102 WliEREIN GREAT BRITAIN FAILED TO V,i| i ■ liglit upon tlic iiaviil i)ioi»iirations tliov are lujikiujr in Great Britain."' On the lltii day of February, 180.5, ]Mr. Adams inelosed this eonesijond enee to I'^arl Jlussell, with a note in which he said — what conhl be said witliout the least exa^^ficration — ''These i)ai)ers g'o to show a deliberate attempt to establish wjlliin the limits of this lvinj;(loin a system of action in direct hostility to the Government «)f the *Uniteraces not oidy the buildinj; and tittin*;' out of several ships of war under tlie tlirection of aj>ents especially commissioned for tlie purpose, but the i)reparation of a series of measures under the same ausi»jees lor the obtaining;' from Her Majesty's subjects the pecuniary means essential to the exe(;ution of those hostile projects. ♦ * * Taken as a whole, these i)apers serve most conclusively to show that no respect whatever has been i)ai(l in her own realm by these i)arties to the neutrality de<'lared by ller Majesty at the outset of these hostilities; and that, so far as may be in their power, they are bent on makiny ]Mr. Adams went "merely to show that the agents of the so- called Confederate States resident in this country [Great liritain] have received instructions irom their own Government *to en- [250] deavor to raise money on securities of that Government in Eng- land, and to enter into contracts for the purchase of munitions of war, and for the building of iron-clad vessels; but there is no proof in these papers that the agents referred to have as yet brought themselves within the reach of any criminal law of the United Kingdom."^ In order fully to comprehend the force of this answer, it is necessary imffi, •vri ti,- ^** ''^^'^ ^^'^ Tribunal to pause, for the purpose of inijuiriny F..m8."''i:'ni,»unti'ri iuto w luit had taken place; between the two Governments as to alleged defects in the Foreign Enlistment Act, and as to the necessity of amending it so as to give the Government greater powers. It was found when the Foreign Enlistment Act of 1819 came to be put into oi)eration, under the direction of a Government inspired by un- friendly feelings toward the United States, that there were practical and multiplying ditliculties in the way of using it so as to prevent the departure of the cruisers. Earl llussell, as early as March, 1802, in re- ply to an earnest re[)resentation^ made by Mr. Adams under instructions, said that " the duty of nations inamity with each other is not to suj^cr their good faith to he violated by ecil-disposed persons ivithin their borders, merely from the inefjiviency of their prohihitory jwliey.''''^ * Within a few months after this the Alabama escaped from the [2ol] port of Liverpool, and never returned. The openness and the audacity with which this was done seemed at one time to induce the British Cabinet to entertain the idea of amending the Foreign Enlistment Act. On the 19th day of December, 1802," Lord Russell, iu reply to what * Seward to Adams, Vol I, page 546. * Adams to Russell, Vol. I, page 562. 3Vol. I, page578. * Adams to Rnssell,Vol. I, pr ^o 30. •^ Russell to Adams, Vol. I", page 5;J3. " Russell to Adams, Vol. I, page 067. PERFORM ITS DUTIES AS A NEUTRAL. 103 he callod Mr. Adiiins's "doniiiiul for a more offoctivo prevention for tlje fiiiue of the fitting; out of sneli vessels from IJiiiisli i)()rts,"iiil'»rmee nitro- daced itilo the Foreij^n Enlistaient Act, whieli, if sanctioned hy I'ar- haau'Ut, wonhl have the elVect of ^ivinj;- jireater i)o\ver to the l']xecn- tive to prevent the construct inn in liriti.sh ports of ships destined for the tise of l>el line rents. ''^ lie also said that he was ready at anytime to confer with >ir. Adams, and to listen to any suujjfestions which he nn<;ht have to make by which the liritish Foreij^n l-^nlistnuMit Act and tlici corre- spondinj; Statnte of the United States miyht be made more elHcient for their purpose. :\Ir. A(lams communicated with his Government, and, having obtained instructions, inlbrnn'd Lord liUssell that his "sn,iiestions of possible amendments to the enlistment laws in oidL'rto h,, ,ii,., („.-,,t i)..i. [252] make *them more effective liad been favoi-ably re- ceived. Althonyh the law of the United States was considered asof verysntlicient vi,uor,the (Jovernmentwere not nnwillin;;- to consider proiH)sitions to improve upon it." Lord linssell replied that, since his note was written, the subject had been considered in Cabinet, and the Lord Chancellor had exi)ressed the opinion that the Uritish law was sufllciciitly elfective, and that under these circumstances he did not see that he could have any ehanjie to inopose.^ The United States jire unabi;' to state what amendments to the For- eijiu Enlistment Acts of the two countries the J5ritish Government mi,i4ht have ))n)posed had they not chau;;ed their minds between J)ec(Mnbei', 18(12, and ]\larch 18(i;>. It is to be i)resumed, from the use of the wortl '■^construction'''' in Lord ItusselTs note, that it was in contem])lation to make some proposition to remedy a sup])nsed defect in the liritish stat- ute as to the construction t)f a vessel intended to carry on war, as dis- tiufiuished from the ^^ cquippinr/, /urnishinfi,fittinfi ovt,orarminive the Executive in Great Britiiin somt! jxtwer similar to that possessed by the Executive of the United States for the arrest of vessels so constructed. As the ])roposal for nej>(»tiatioi:8 on the subject was withdrawn, it is impossible to do more than conject- ure what was contejnplate«l. From the hour when Lord Ituss(>ll informed ^Ir. Adams that the Lord Chancellor was satislied that the British laws were sutiieiently elfective, the British Government resisted every attempt to change the biws and give them mory vigor. 3Ir. Adams again, on tlie 20th of INfarch, 1803, sought an interview with Lord llussell on the subje(;t of the rebel hostile opera- vn,v^.\x^m^. r.-- tions in British territory. \Vhat toolc jdace there is de- -"^"^'i""-! •i"!"""' scribed by Lord IJussell in a letter written on the following day to L()re to propose"' in it. Jt will also now be observed that when that declaration was made, ]\Ir. Adams's note of February 0, 18G.'3, with the i)roof of the (complicity of the insurgent agents in England, had l:ecn in Earl Ilussell's portfolio four dayp. It will also be obseived that that proof established, or aflbrded to Earl llussell the clue by which he could, and, as the United States say, shouhl have satisfied himself — 1. "That contracts were already made for the construction of iron-clad 'fighting-ships' in England."^ 2. That Eraser, Trenliolm & Co. were the "depositaries"' of the insurgents in Liverpool, and that the money in their hands was " to be api>lie closed tliat briiiK'li ol" (li(^ in- [2.">!i] istMietioiis by saying, " tlie (juestiou is whether .von think that this vessel was litted. Aiiiu'd she eeitainly was not, hut was there an inten- tion thai she should he linishetl, lilted, or e(juii>]»ed, in ljiver|)(»ol ? JJc- eause, j;rnt]enien, 1 must say, it seems to me that the Alabama, sailed away Irom Jiiverpool without any arms at all ; mer<'ly a ship in ballast, unfurnished, uiKMiuipped, unjjrepared ; and her aims were put inatTer- 'ed viola- tion of the rorti]L>n Enlistment Act. On the trial, which took place in ]804, it api)eared that tin' Scottish courts wei'c not disi)osed to follow the I'hijilish courts in deprivin,^' the Foreign realist ment Act of all force. The insurj>ents, thereibre, abandojied the attempt to use the Pampero as a cruiser, and ceased to contract for theconstnict'-u orlittinji' out of vessels within the Scottish Kin^^dom. A similar course in tlie EnglisU courts mi^ht have i)roduced similar results in J'^nj^land. About the same time the arrangements were made with the Lairds for the construction, at Birkenhead, o])posito Liverpool, of the two iion-clads w Inch were afterward known as " Lairds' ii^ou- clads," or " Lairds' rams." The keel of one of them, as has been already said, was laid in the same stocks from which the Alabamti -was launched.'' These vessels were niostformidable, and were *" pushed [201] , forward with all possible dispatch. The men were at work night and day upon them." The machinery and guns were m;.ide sinudtano- ously with the hull, ami it was rei>orted that " by the time she is launched they will be ready to be placed in her."^ Their construction was originally ordered from Richmond, and tlicy were superintended bj- Cajjtain J]ulloek,'^ who was at that time in fre- quent correspondence with Mr. Mallory " about building the two above- named and other war vessels in England," "and about the money to pay tor the same."^ '' The drawings lor them were in the ottice of Fraser, TrenUolm & Co., as early as June, 1802, in Captain Bullock's 'Vol. Y, pajio IW. 2 Dudley to Seward, Vol. II, page 201. "Dudley to Seward, Vol. II, page 315. * Dudley to Seward, Vol. II, page 316. " Younge'd deposition, Vol. II, page 330. raiMS. irnii-ti.td PERFORM ITS DUTIES AS A NEUTRAL. 107 [201] liiimls."' IJ.v tlio oinly piirt of Ajdil, ISOM, " tlic Imlls wvro comploto, jiikI tlie sides wvw covcicd witli sliilis ol teak-wood id)oiif twelve iiielies tliick.*' J'iiirly in .hine, 1MI;5, one of llie xcssels liad l)e;^iiii to receive lier iron iuiinir jtlates, ''about lonr inclies tliiek," • " Tlr.' deek of eaeli vessel was prepared to reeei\i' two turrets.''- '" Kaeli ram had a stem, nuide of \vrou<;lit iron, al»out ei;;lit inches lliiek. projectiii;^" about livo feet nn«h'r the water line, and obviously intended for the pur- [JOUJ i)ose of ii4-i:etratin;; and destroying' other *vessels.''"* These facts, and others, were i*(uumunicated by ]\Ir. Adams to I'lail I'usscll iit a note dated .Inly 11, lS(i.».' Comnu'iitinji' upon them .Mr. Adams said: "A war has thus been )»ractically «'ondu«ted by a jtortion of her p«'oplo a;iainst a(Jovernment with which Her Majesty is under the most solemn of all national enj':aj''enu'nts to ]»reservea last iujn' and dura bh- peace." On the Kith of July, Mr. Adams sent to Lord I{uss<>ll further evidence of tho character of these vessels.^ i)u thel!5th of July, he a;;ain wrote him on the subject, with iresh proof of their purposes.'" On the Mth of Au<4Ust lie aj^ain wrote to Karl IJussi'll with " luither information ;" said that he regretted to see '• that the i)rei)aration « * * is not intermitt<'d ;" and added : "It is dillicult for nu> to ;;ive to yourLonlship an adiMpiate idea of the uneasiness and anxiety created in the ditleretit jtorts (tf tho United .States by the idea that instruments of injury, of so formidable ii character, continiu' to threaten thi'ir salety, as issuinj^' from the ports of Great IJritain, a. country with whi<'h the people of the United States are at i»eace."'' ()n the .'Jd itf !Seiitend)er 31r. Adams aj^ain earn- [L'0.']j estly returned to *the subject, lie wrot(( to JCarl IJussell, iuclos- in<;' ''cojiies of further d«'positions relatinj;' to the launchin;;' and other i)rei)anition of the second of tin- two vessels of war from the yard of .Messrs. Laird, at l)irkenhea«l."' lie said that lu! believed there was '•not any reasonable pound for doubt that these vessels, if permitted to leave the i)ort of Liver|)ool, will beat once f ajjfiression committed a<;ainst the (lovernnient and the jjcople of the United States by either of these Ibrmidable vessels." The new evidence inclosed in this letter related only to the tact that the second ram was launched, and cannot be said to have strengthened the ease as i)reviously presented. Aj;ain, on the 4th of September, Mr. Adams sent to the Uoreijiu Ollico evi«lence to sli'>— tho prei)aration lor immediate departure of one of these vessels." Laie in the afternoon of the 4th. alter the note had been dispatched to I'.arl lliussell and a eo])y of it sent to Mr. Seward, 31 r. Adams received from l-^arl liussell a note, dated the 1st of Sei)tember, sayinj;' that *" Her ]Ma- [2G4j jesty's Government are advised that they cannot interfere in any- way with these vessels."" OntheStli Mr. Adamsiej)lied, e.\i)ress- inghis "profonnd regret at the conclusion to which Her JMajesty's Gov- ernment have arrived ; " and added : " It would be supertluous in me to ' Youngc'is (li'posiiion, Xo], II, page JvJl. ^ C'liapiniin's allida vit, ^'()l. II, page ;>33. 3 Adams to KiishcH, Vol. II, pago :i"25. * A(laiii8 to RusHi'll, Vol. II, page 3;J(). "^ Adams to Kussoll, Vol. II, page 341. eVol. II, page 34()-'7. f Adams to Russell, Vol. II, page 353. 8 Adams to Russell, September 4, 18G3, Vol. II, p. 358. » Russell to Adums, Vol. II, page 3G0. III: J 108 WHKREIN GREAT BRITAIN FAILED TO point out to your Lnnlsliip tliat tliis Is wsir."* On the Stli of Soptonihor Mr. Adsinis ivirivcd a short note, written in tlit? tliinl person, in wliidi it was siiiteui- ber was received at the Foreij;:n Olllce.-' There was little in all this transaction to lead the Ilm'ted States to hope for a returninfjand better sense of jtisticein the IJritish an „i.ii.i...,....„t „r CiovernnxMit. lor they could not but observe, when com- '^ n^ >i".'l«l.' "u'll parinjj^ thc! dates of th<' receipt <»f the several notes whi«li "'""'■ passed between Lord liussell anrdeaux, whereby Mr. Arman engaged " to construct four steamers of 400 horse-power, and arranged for the reception of an armament of from ten to twelve cannon." As it was necessary in France to obtain the consent of ^lie Government to the armament of such vessels within the limits of the Empire, Mr. Arman informed the Government that these vessels were "intended to establish a regular communication between Shanghai, Yedo, and San Francisco, passing the strait of Van Dieman, and also that they are to be fitted out, should the opportunity present itself, for sale to the Chinese or Japanese Empire." On this representation per- mission was given to arm them, the armament of two to be supplied by 1 Adams to Kussell, Vol. II, page .%5. * Russell to Ailams, Vol. II, page 366. 3 Layurd to Stuart| Vol. II, page 363. Arni;in t triiM at Niintcs. [JOT] *<)ii lh»' l<»th td'.Iiily, ISO;'., iiiiofhcr a;,^r('('i[U'iit was nia(h* in l>or- draiix hclwrt'ii Mr. Aiiiiaii and Mr. IlnllocU, "actin;j: for th«' ac- count of primripals.'' Arnian a^^rccd to constnict two scr<'W straniships ol wood and iron, with iron tnrrcts, of ;;()(> hctrsc -powrr. Ihillock was to supply thi» arnianu-nt; tho ships were to hr linishrd i:i six months; one tilthOt'tho prico was to he paid in advance. Under these contracts I>nno«'k is .said to have ]>aid Arnian a,'JS(),(l()() francs.' ]»id one of tin* vessels ev«'r went into the possession of the in- surj-cnts, and that by frand. Jt may interest the TrihumJ «)f Arl>itra- tioii to learn, in a few words, tlie result of these contracts and the conrsu ])ursued by the Trench (rovernin«'td. The autliorization winch liad been obtained for Mv. Annan and jMr. Voius toarm the four vessels, under thecontract of th(^ l.">th ,,„„|,„, „r ,i>. ol April, and the doinj-s of Mr. Annan under the «'ontract of »"i.i,<..„.rmm„i. the KUh of July, were uidvuown to the minister of forei^Mi affairs. When they werebrou^iht to Mr. J)ronyn de lihuys'atteidion by the; minis- [208] ter of the United States at I'aris, he took immediate *stcps to lue- vent u violation of the neutrality ot'I'r.mce. J le wrote to Mr. Day- ton, (October -'2, 18().'3.) "Que M. le ministre de la marine vientde noti- lier a M. Vorusle retrait do Tautorisation s<'l! to the Prus- sian (lovernment two of the clii>pt'rs constructed at lli/rdeaux umlerthe contract of A[)ril 15. Two other clippers, constructed ar Nantes unns, so stiitus: " 111 nous rcstc niaiutcnuiit £l iiiiliiiucr ii \'A cour ce que lit M. Arnian, e U-s navircs (ju'il const rnisait ct dcscapitunx qirii aviiit refus dc M. Bullock, capitanx u iit Ic niontuut, suivaut lo diic dc M. Annau lui-iiK'nic, nc s'clevc pas a nuiin» dc o.'Ml JO francs." - Bullock to Ellmore, July 3, 1833, Vol. VI, payc 129. I! -''i 77 110 WHEREIN GREA.T BRITAIN FAILED TO £20,000 ni)(l £;]S,902 l.>. 4(7., in favorof Commnndor Janios D. Biilloclc, on the C. S. Depositary in Liverpool, were forwarded to liini,""^ Other Iniuls were .vent that tlie United States are not able to trace. In Sep- tember, 18(».">, liis <'ontraets haes."- He (unild *not pay them, and the men " l)ej;an to ^et restive." ]\Iallory [270] made an effort to send him farther lands, and asked Mem mincer to instrn(!t " the Depositary at Liverpool'' to eountersij;!! certain cot- ton certificates "on the apjdication of Commane of flood Hope whitli tested afresh the purpose of Her ^Majesty's (lovennnent to maintain British neutrality and enforce the Queen's Proclamation. On the r)tli of An;;ust, ISO,'}, the Alabama arrived in Table Bay and Ti... Tu«iii,...«aat gave infomnition that theTnscaloosa, a prize that had been iiM.,V"* " '"" captured off Brazil, would soon arrive in the character of a tender. On the 8th that vessel arrived in Simon's Bay, havinj;' her orijiinal caryo of wool on board. SIk^ lay in port about a week, and \Yhile there "overtures were made 1 y some i)arties in Cape Town to i>nr- cliase the carj^o of wool.''* The wool was disposed of to a Cape Town merchant, on condition that he shoidd send it to Europe for sale, and two-thirds of the price should b(^ paid into the insurgent treasury ; and it was landed for that pur*pose by the Tuscaloosa, on a wild [171] S[>or, called Anj;ra I*«'quena,tsi«leofJjritish Jurisdiction.'' When the Tuscaloosa nmde her a[)i>earan(!e at Cape Town, Bear- Admiral Sir Baldwin Walker wrote to the (lovernor,desirin<;- to know "whether this vessel ou;.;ht still to be looked ui)on in the lii^ht of a prize, she never having been <'on(lemned in a prize court.''''' He was instructed to admit the ves- sel. Tliei»racticalex[»erienee of the hiMU'st sailor lebelled at thisdeeisioii, antl he rejdied, " I ai)prehend tlnit to brinji a captured vessel unuise her real chai'actcr as a prize. Now, this vessel has her orijiimd c.irgo of wool still on board, v> liich cannot be re(piired for warlike i)urposes, and her armament ancl iH!nd)er of her crew are orts, where, if the ca[)toi's wished, arr;ingements *could [272] be nuulc for the disposal of her valuable cargo."" The Governor replied that the Attorney General was of opinion that Php in roiPH,.>i "it" the vessel received the two guns from the Alabama or nn .1^-1 t'h-mKiir„V other Confederate vessel of war, or if the person in command i)t her has a commission ot war, * # * therowiUbea sufTicient setting forth as a vessel of war to justify her being held to be 1 >[all()rv to Elmore, Jnn.^ 25, 18G3, Vol. VI, page 126. sMatlitt to Bullock, Soptembor 3, IHG3, Vol. II, p.ijje ti39. ^Mallory to MiMiuiiinger, Sei>t»!inl)er 12, 1HG3, Vol. VI, jtnge 132. * AValkcr to tlio Secretary of the Adiiiiialty, Vol. IV, page 2115; Vol. VI, page 4?6- •■^Moinitngtic IJcinard's Neutialitv ol'Great Biitaii), &c., page 421, note I. e Vol. IV, page 217 ; Vol. VI, page 4r)8. ' Walker to WodebouHC, Vol. IV, page 218; Vol. VI, page 459. PERFORM ITS DUTIES AS A NEUTRAL. Ill a fliip of war.''' Tlio Adininil ro])liof the the Ilonie Government at London,^ and the Colonial Minis- f,.v..,„„r.i„.,p„rov,.,i. ter wrote back that Her Majesty's (jovernment were of opinion that the ''Tuscaloosa" did not lose the character of a ]irize captured by the Alabama merely because she was at the time of Iter bein.i;' brouj;ht within Dritish waters armed with two small ritle guns, and manned [273J * Avith a crew often men from the Alabama, and used as a tender to that vessel under the authority of (\ii)tiiin Senimes.' ITe said tliathe "considered that the mode of jaoceediuj^ in such circumstances most consistent with Her Majesty's dijiiiity, and most proper for the vindication of her territorial rights, would have been to jirohibit the exercise of any further control over the Tuscaloosa by the captcu's, and to retain that vessel under Her 3Iajesly's control and jurisdu-tion until ])roperly reclaimed by her original owneis." These instructions were looked upon by the Governor as a censun^;'' and the Tuscaloosa having in the mean time come again into jtovt and phiced herself n,- Tuv:,io..sn within the jurisdiction, was seized, and the facts reported to 'v'.''''.VTt'it?uir'Iy! IjOImIou.'' Her ^Majesty's f Jovernment disavowed this act, and instructed the Governor*' to restore the Tuscaloosa to the lieutenant of ti..- r.„v,.,„nr re- the Confederate States who lately commanded her; or, if he MX''iir.v!'''Ji.''' should have lelt the Cape, then to retain her until she can be handed over to some person who may have authority Irom Captain Semmes, of the Alabama, or from the Government of the Confederate St.ites, [274] to receive her."" The *Governor was also informed that th(> Home Government had not in any degree censured him for the eourse which he had pursued.^ The Duke of Newcastle jdaced his „;, ^„„„^. ^^ .,g^,„ histractions to restore the vessel uj)on " the peculiar cir- *•• """'• cmnstances of tliis case." But the Tribunal (»f Arbitration will observe that, inasmuch as, notwithstanding his first decision of the tth of No- vomber above cited, he did, in his second instructions, fully approve of the course of the Governor in receiving the vessel origie.ally as a man- ofwar, in violation of the Queen's Proclamation anci of well-settled jirinciples of International Law, and against the sensible and honest iidvice of Kear-Admiral Sir lialdwii! Walker, h(» was in no ]tosition to shelter the British Government from responsibility for the hostile act of her officials, by pleadingany spe'^- '' Walker to Wodelioust^ Vol. IV, i»urts."^ On the ISth of April, l.S(»,J, Walker forwarded to Fraser, Trenholm & Co. 8(K> bales of cotton, drew a.i;'ainst it for £L'0, 001) for lii.s own disbursements for commissary stores, and notified Iluse that the balance would jjo to his credit with Fraser,Trenholm* & Co. rie also reported the arrival at Ijernuuhi of '• Confederate steam- [270] ers," block.ide runners, with cotton, aiul he called Iluse's attention to"the imi>ortaiiceof sendinj^ to this place (Uennuda) one or two carg;'oes of Duflryne coal for the Gnrerumcnt steamers ;^^ and adds: "You will readily see the iiijurimis delay which nmy result from the want of a pro])er sui^ply of coal." He also says: '■'•From all that I can ham, aiuj Coufeilcriik- manoj'-irar irhUh mail come to this port ictll have no diJjicuU}) in coaVntij mtd procnrinff supplies."^ Tiie bltukade-runners of the IJichmoiul authorities were by this tinio well known, and were making re,!:4ular voyages. The Cornubia was runninij before Jainiary, 1S(m.'' The (lirafte and the Cornubia ran regu- larly to l>ermn on Fraser, Trenholm & Co." The insurgent government was all this while iu'g*ing its agents [277] to dispatch arms and munitions of war. In Ai)ril, 1803, twenty thousand Kufii^ld rifle bayonets were wanted as soon as possible." On the Gth of ]May "one hundred and fifty thousand bayonets" were wanted, "and lead and salti)eter in large ry, t>!h M;;;.\ l>i>.\, \'ol. \"I, pajio 119. =• Nildoii to >ii'ixas. 7tli'A|>ril. l.-^tiV. Vol. VI, pago IV.\. * WalUi-r (o llii.si>. 1-tli April, l^&>, Vol. VI, paj^e ll.'j. ^ (ioiyas to Ilu.se, 1st .laiuiaiy, li^;i:5, Vol. VII, page 48. B .Same to saiiu', "Jiitli 1\ liiuaiy, l-li:!. Vol. VII, pajje 48. ' f?aim' to saiiif, f^tli MuilIi. Vo!. VII, i)agt' 4.-?. " Saiiif to same, "Jtli Maivli. Vol. VII. iiage 49. « lioigas to llnsi'. Vol. VII. j.agi- .M. I "' iSaiiic to saiiu', titli May. \ol. VII. page 51. " (joigas to WalkiM-, Vol. VII. page o4. "* iriaiiic to sauR', Vol. VII. i)agc 54. PERFORM ITS DUTIES AS A NEUTRAL. 113 [275] , goiii;,' [270] On the ivaiitt'il, If Jniu', boat ;■' utity"" ,0011 as lovo to- \U6. Walker shows in all tins eniorgencj- a fear of being crippled for want of coal. On the 21st of March he was arranging for a cargo in the jmrt of IJoruuula.' On the 29th of IVIarch he writes that he has pnrchased that cargo, and wants more.'* On the IGth of May he nrges Ilnse to seud coal. "Every steamer takes from one hnndred and sixty to one liundrcd and eighty tons." He has bnt six hundred tons left.^ On the 23d of May he again calls attention "most earnestly to the [27 j] *iniportanceof keeping him supplicMl with good steam coal." He "hopes that some are already on the way." His " stock is almost exhansted."* On the 30th of June he cries "send us coal, coal, coal! Each steamer takes one hundred and eighty tons, so that six hundred tons will be quickly consumed."'' Again on the Oth of July he writes "coal, coal, (!oal. S'-nd me two thousand tons. Tlie Ijcc, I fear, will be laid up for the want of it. You may calculate that each steamer will take one hundred and eighty tons."" He wrote also to Eraser, Tren- holm & Co., to the same eli'ect, saying that there should be a " reserve there of at least three or four thousand tons."" »Shii)ment8 were made, and the supplies reached him before there was any serious detention of the blockade-runners. He was enabled to fulfill all the onlers given in Kichniond a short time before the advance of Lee's army into Pennsyl- vania. In spite of the countenance given by the authorities in Bermuda and Nassau, funds could not be forwarded fast enough to Major Huse to meet the great demands madt; upon him at this ermmM'um?r"st,,"m time. Onthe23dof July,18G;{, "on behalf of the Con- """'' ""■""" [279] federate Government," he made an arrangenjent with *the INIer- cantile Trading Company for an advance of £150,000, to bo ex- tended to £300,000, for the purchase of goods for the insurgents, avul their shipment by the company, "via Bermuda, Nassau, or Havana ;" "the Contederate iGovernment to have two-thirds cargo space iu each vessel, the company one-third each way;" "the cotton receive*! from the Confederate States to be consigned to the company's agency in Liv- erpool."" Stringer, the managing director of the company, soon be- came doubtful of Huse's powers, and wrote ]Mr. Mason, saying that he liad already advanced him £2(),000 on saltpeter, and inquiring about the powers;* to which Mason replied that he did not know about the extent of lluse's powers, but that he had no doubt that the saltpeter Avould be taken by the insurgents.^" Stringer's doubts were soon set at rest; for it would seem that about that time there must have been re- ceived in London an agreement without date, executed in Itichmond by '•J. Gorgas, Colonel, Chief of Ordnance," anil "approved" by "J. A. SeiUlon, Secretary of War," which probably rej)laccd the temporary agreement of July 23. Eive steamers were to be put on to run from Bermuda or Nassau to Charleston or Wilmington, two thirds to [2S0] be owned by the insur*gents, and one-third by the British con- tractors. The insurgents were to pay for their two-thirds in cot- ton, at Charleston, and were to be allowed commissions for their part of » Walker to Hnse, 21 March, Vol. VII, page GO. ^ Sauio to saino, Vol. VII, pauo M. ' Same to same, Kith May, InoU, Vol. VII, page 52. * Same to Maine, Vol. VII, pajjo .')3. * Same to same, Vol. VII, page 55. 8 Same to same, Vol. VII, page 5fi. » Walker to Huse, Vol. VII, page 57. *Memoraudam made in London, 2:Jd July, 1863, Vol. VI, page 13G. 9 Stringer to Mason, IGth September, 18G3, Vol. VI, page 134. '0 Mason to Stringer, 19th September, 1803, Vol. VI, page 138. S. Ex. 31 8 . Si ;.i i I! 114 WHEBEIN GREAT BRITAIN FAILED TO the work, the other contracting parties having a similar allowance. Tlie portion of the proceeds of cotton belonging to the insurgents was " to be paid to the credit of the War Department with Messrs. Fraser, Tren- holm & Co., of Liverpool." The insurgents were to furnish oOicers to command the vessels. The document was signed by "C. E. Thorburn," and by "Clias. H. Keid & Co.," and by "The Mercantile Trading Co., Lim- ited ; Edgur P. Stringer, Managing Director, London, -o(i September, 18G3."' Mr. Thorburn was a shareholder in the Trading Comijany,^ and on the 3d of October Mr. Stringer is found corresponding with him about the purchase of these vessels.^ Meanwhile the operations of the insurgents at Nassau and Bermuda had gone on with even more vigor than during the previous year. Huse's credit had ^een strained to the utmost, but was now restored. The purchases and supplies for the Quartermaster's Department ap[)ear to have been transferred during this summer exclusively to Nassau. Seixas was instructed to place one thousand bales of cotton at Nassau for the Quai"*termaster's Department, before the close of [281] the year, and was told that "the wants of the Quartermaster General are at Nassau, not Bermuda."* Heyliger diligentlj' complied with his instructions to forward quarter- master's stores. On the 29th of October he sent 40 tons by the " Anto- nica," " Margaret," and " Jessie." On the 2d of November he shipped by the " llansa" 19 tons ; the next day by the " Beauregard" 40 or 50 tons; and a large quantity by the " xilice ;" and on the 5th of November he sent 20 tons by the " Banshee." The "Margaret" and the " Jessie" were captured; the others ran the blockade. The Quartermaster's Depart- ment was much employed iu collecting and forwarding cottou to meet these purchases.* Major Ferguson was iu Liverpool at this time as an agent for the purchase of quartermaster's stores, and was sending 1/irge amounts for- wartl. Fraser, Trenholm & Co. refused his di-afts, because Heyliger had already overdrawn the Quartermaster's account." Ferguson thereupon wrote, urging that cottou should be forwarded. " 1 have," he says, a more faith iu cotton than I ever had. If we can but get that or most *of the men, as well as [282] out, we can buy all England, for their merchandise, have a price. On the ud of November, 1803, Mr. Adams, laid before Earl Eussell "new proofs of the manner in which the neutrality of Her to E'.r'r'iiuSs Majesty's ports is abused by the insurgents in the United States, iu order the more effectually to procrastinate their resistance," which he eontended showed the "establishment in the port of St. (ieorge's, in the island of Bermuda, of a depot of na\ al stores lor their use and benefit in the prosecution of the war.'"' This information should have put Lord llussell on the track of all the facts in regard to Bermuda. Had Her Majesty's Government pursued the investigations to which it gav(^ them the clew, it would have done so. Earl llussell, He.ee, no offense <>» thc 27th of Novcmbcr. auswcrcd that "Her Majesty's inihenu Goveriuueut do not consider that they can properly inter- fere in this matter.'"* The dates would seem to indicate a possibility that no inquiries were made at Bermuda. » Vol. VI, page 140. n'ol. VI, page 144. 3 Vol. VI, page 143. * Bayne to Seixas, Septenilter '^, le;G3, Vol. VI, page 139. * liiiylo to Lawtoii, November 13, 1863, Vol. VI, page 147. 6 Fraser, Treubolm & Co. to Lawton, November 2U, 180:1, Vol. VI, page 149. ^Furgusou to Lawtou, December 23, lti63, Vol. VI, page 149. • Vol. I, page 735. » Vol. I, page 738. PERFORM ITS DUTIES AS A NEUTRAL. 115 On the 29th of December, 1863, Mr. Adams wrote Earl Russell that he had " information entitled to credit," that Ralph Cator, " an officer in Her Majesty's naval service," was '* engaged in violating the [283] blockade ;" and that there was *" a strong disposition on the part of a portion of Her Majesty's navy to violate the neutrality of their Sovereign in aiding and assisting I he enemies of the United States."' This, too, was answered in a week from its date, without taking the trouble to inquire in the West Indies.'' Again, upon the 25tli day of January, 1864, Mr. Adams called attention to " ihe manner in which tlie insurgents habitually abuse the belligerent privileges Avhich h.ave been conceded to them by Great Britain," It would seem that lie had lately had a conversation with Earl Rnssell on the subject, for he sf.ys that he " deems it almost superfluous to enlarge further on the difliculties which must grow oat of a toleration of the outrageous abuses of the belligerent privileges that have been granted to the insurgents."^ " It wonld be diflicnlt," lie adds, " to lind an example in history of a more systematic and persistent effort to violate the neu- tral position of a country than this one has been from its commence- ment, that has not brought on a war. That this has been the object of the parties engaged in it I have never for a moment doubted." "It must be obvious," he says, " to your Lordship that, after such an expo- sition, all British subjects engaged in these violations of blockade [284] must incur a suspicion *strong enough to make them liable to be treated as enemies, and, if taken, to be reckoned as prisoners of war." * Earl Russell replied to this note on the 9th of March.^ He ignored the evidence and charges of the hostile use of the British West India ports. He alludetl to a charge against Lieutenant teniini "g'u caiK Rooke, which he set aside as unimportant, and to u charge against one James Ash of a purpose to build ships for the insurgents. As to the latter charge, he reiterated the oft-repeated plea that there was no " legal and proper evidence" to sustain it; and having disposed of these, he confined himself to a notice of Mr. Adams's intimation that it might boconie necessary to treat blockade-runners as prisoners of war. TJiis, he said, could not be assented to. A short discussion ensued, which was closed by a note of ]\Ir. Adams, transmitting further evidence of the character of the trade between t. e British West Indian i>orts and the insurgent States, and calling Earl liussell's " particular attention to the express condition exacted from all vessels in trade with the insurgetit ports, that one-half of the tonnage of each vessel may be employed by the so-called Government for its [285] own use, both on the *ont\vard and honunvard voyage ;"** to which Earl Russell replied in an answer in which he said, in sub- stance, that admitting' all the facts sti.tod to be true, there was nothing in them worthy of attention ; lor " the subjects of Her Ma- „^ „^,„ „.^, „„ jesty arc entitled by International Law to carry on the opera- °''''"»« 'n"""" tions of commerce equally with both belligerents, subject to the capture of their vessels and to no other penalttj.'"^ This discussion closed the correspondence which took place between the two Governments on this branch of the subject. It leftGreat Britain justifying all that took place, after actual knowledge of much, and pos- > Vol. I, page 739. - Vol. I, page 740. * Adams to Kitssell, Vol. I, page 745. * Russell to Adaais, Vol. I, pages 749-51. "Adams to Rnssell, Vol. I, page 75U. ' Russell to Adams, Vol. I, page 757. » Vol. I, page 74G. 116 WHEREIN GREAT BRITAIN FAILED TO sible knowledjpre of all, had been brought within its reach. It left, too, the Queen's Proclamation as to this subject virtually revoked, and Her JMa- jesty's subjects assured that it was no violation of international duty to break the blockade. It is worthy of remark that Lord Westbury, the Lord High Chancellor, gave a judicial decision to the same effect,' which was soon after followed by the High Court of Admiralty.* The ev^'.u- tive and judicial branches of the British Government were thn<=* a second time brought into *accord in construing away Her Lia- [28G] jesty's Proclamation. Blockade-running throve, and Nassau and Bermuda prospered under Bio. k«de - ninniii, tlicso Tcpcated dccisiocs of Her Majesty's Government. The '^JlnZ'i^n? ilov. Florida, too, arrived at Bernnida on the ICth of July, 18G4, .mnwut. and remained there until the 27th, taking coal and sup- plies on board ; and this at a time when like permission was refus }d to the vessels of the United States. It was a favorite idea of the insurgent authorities from the beginning to become interested with Englishmen as partners in blockade-running. One contract to that eifect has already been alluded to. In July, 1864, Mcliae reported other contracts.^ Captain Bullock, with whom (he said) I [Mcliae] am directed by the Secretary of the Treasury to consult," was a party to the transaction. These contracts " made provisions for fourteen steamers, four to leave during the month of August, eight in December, and two in April, 1805."^ They were to be " built of steel, and* to carry one thousand bales of cotton each, on a draught of seven feet water, and with an average speed of thirteen knots per hour."^ Arrangements were at the same time made for the purchase of supplies for Huse and Ferguson pending the fin- *ishing of the vessels. The " Owl " was the first of these vessels [287] to arrive. The insurgent Navy Department claimed the right " to place a naval officer in charge of her in conformity with regulations."* The treasury doubted this, but Mallory insisted upon his right.^ This drew from Bullock an indignant letter, complaining that the navy had taken these vessels. Good ships were building for the navyj why take these vessels, which were not suited for naval purposes.^ On the 5th of October, 18C4, orders were given for more arms, and Mcliae was ordered to supply Huse with $50,000 for the purpose.' Ou the 2Gth of November, Ferguson reports his doings in the purchase of woolen goods, and gives tlie reason for " making Liverpool his head- quarters."" As late as the 7th of January, 18G5, McRao is ordered to pay to Bullock £105,000. The steamer " Laurel," the same which took the arms anil men to the Shenandoah, was then in Wilmington. She was sent out with a cargo of cotton, with instructions to the officer iu command to sell the steamer and the cotton, and to pay Bullock £12,000 out of tbe proceeds, putting the balance to the credit of the * treasury, with Fraser, Trenholm & Co." No efforts seem to [288] have been spared to sustain the dying fortunes of the insurrec- tion. The insurgents, at the last, fell into the unaccountable error of supposing that the British Government intended to interfere with their « 11 Jurist N. S., 400. 3 Law Reports Admiralty and Ecclesiastical Courts, Browning, Vol. I, page 1. 3McRae to Seddon, July 4, 1864, Vol. Vf, page 163. * Mallory to Trenholm, September 21, 1864, Vol. VI, page 171. 6 Same to same, September 22, 1864, Vol. Vl, page 172. « Bullock to McRae, November 1, 1864, Vol. VI, page 173. ■> Gorgas to Seddon, October 5, 1864, Vol. VI, page 172. "Ferguson to Lawton, November 26, 1864, Vol. VI, page 175, 3 Trenholm to Fraser, Trenholm & Co., December 24,lS64, ' Vol. VI, page 177. I^^j PERFORM ITS DUTIES AS A NEUTRAL. 117 [287] ions."* This had take , and Oil lase of head- red to li took She [288] Tor of their Continued partiality. blockaderunninjr. They changed tlie apparent ownership of the Stag into the name of John Fraser & Co., k;st it sliould be seized as " a transport owned by the Confederate States, 'jii gaged in the blockade."^ It is needless to say that the precaution was not required. Evidence had over and over again been laid before Lord Kussell that these blockade-runners were, in fact, transports (►f the insurgents, carrying their funds for Liverpool, and bringing back their arms and munitions of war, and that the operations of these vessels were brought clearly within the terms of the Foreign Enlistment Act ; but he ever turned a deaf ear to the charges. On the 15th of March, 1865, Mr. Adams complained of this matter for the last time. The United States steamer San Jacinto having been wrecked on the Bahamas, and her ofhcers and crew having found shelter at Nassau, the " Honduras," also a man-of- war, was sent there for the purpose of paying in coin the claims [289] for salvage. *The Consul asked permission for the " Honduras" to enter the port, which was refused, although the " Florida" had, less than six mouths before, remained eleven days at Bermuda, and taken on board a full supply of coal. In bringing this breach of hospi- tality to the notice of Earl Kussell, Mr. Adams said : " 1 shall not seek to dwell on the painful iin])ression this proceeding has made in the Naval Department of the United States, which at the same time had too much reason to be cognizant of the abuse made of that p t by persons practically engaged in hostilities in violation of Her Majesty's Proclamation. There was no single day during the month in which tliis incident happened that thirty-five vessels, engaged in breaking the blockade, were not to be seen flaunting their contraband flags in that port. Neither has its hospitality been restricted to that hybrid class of British ships running its illegal ventures ou joint account with the insurgent authorities in the United States. The Chameleon, not inaptly named, but before known as the Tallahassee, and still earlier as a British steamer fitted out from Loudon to play the part of a i)rivateer out of Wilmington, was lying at that very time in Nassau, relieved indeed of her guns, but still retaining all the attributes of her hostile occupation. But a few days earlier the steamer Laurel, whose [290] history *is already too well known to your Lordship, by my note of the 7th i!istant, had reappeared after its assumption of the name of the Confederate States, aiul had there been not only received, but commissioned with a post mail to a port of Her Majesty's Khig- doin."^ Lord Kussell took no notice of Mr. Adams's charge, that many of these blockade-runners were, in fact, transports in the insurgent ser- vice, and that the ports of Nassau and Bermuda were depots of ordnance ami quartermasters' stores. His only reply, made four days after the surrender of Lee at Appomattox, was a repetition of the old story, "there is nothing lu the law of nations which forbids the attempt of neutral ship-owners or commanders to evade the blockade."' To the last the British Government refused to interfere. The fears which in- duced the insurgents to try to cover up the ownership of the " Stag" were groundless. The partnership continued until the United States interfered, and closed the business, before the English partners could deliver the last vessels under the contract. It is necessary to add a few words in regard to the closing operations of Bullock's department, before bringing this imperfect outline o I Great Britain's violation of its duties as a neutral to a close. ' Trenbolm to Mallory, December 17, 1864, Vol. VI, page 176. * Adams to Russell, Vol. I, page 709. 3 Rusaell to Adams, Vol. I, page 714. ii W ' 118 WHEREIN GREAT BRITAIN FAILED TO Tbe Rnppuhnnnnc'k. *On tbe 30th of November, 18G3, tbo London Times announced [291] that "tbe screw gun- vessel 'Victor,' recently pur- cbased from tbe Admiralty, bas, as had been exp"cted, passed into tbe bauds of tbe Confederate (Toverumeut.''- " Tbe ' Victor,' an old dispatcb-boat belonging to Her Majesty's Navy, was one of a uumber of sbii)s ordered by tbe Admiralty to be so'd as worn out and unserviceable. An offer for ber was accepted on tbe 14tb of September, 1803, and on tbe lOtb of Novembertbe bull wasdelivered to tbeorderof tbe purchasers, Messrs. Coleman & Co., tbe masts, sails, and rigging having been previously removed, as tbe pivots and other fittings for guus."* The steamer, instead of being taken away, remained at Sheerness, "refitting, under tbe direction of i)ersons connected with the royal dock-yards."^ Many facts came to the knowledge of Mr. Adams, indi- cating that tbe vessel was intended for tlie insurgents. In pursuing bis inquiries, however, tbe suspicions of tbe i)arties concerned were probably excited; for tbe vessel, "by no means prepared for sea, and with no adequate force to man her," was carried with the workmen actually engaged upon her, across tbo English Channel and taken into Calais. Mr. Adanjs called Lord IlusseU's attention to these *pro- [292] ceedings,'' and furnished him with evidence tending to show the guilt of the purchasers, and also that one Uumble, inspector of machinery afloat of Her ]\IiiJesty's dock-yard, Sheerness, had been the principal person concerned in enlisting the crew. Humble was subsequently tried and acquitted, although the proof against him was clear. As to the vessel, any doubt of ber character was at once removed. The insur- gent flag was hoisted, and she went into commission under tbe name of the llappahannock in crossing the Channel, and she entered the port of Calais claiming to be an insurgent luan-of-war. What was done there is described in the statement of the Solicitor General to the jury on the trial of Rumble: "The preparations for equipping, which had been interrupted, were proceeded with; a number of boiler-makers were sent for from England, and many of them were induced to leave their employ- ment in the dock-yard without leave, and when they returned they were discharged as being absent without leave; attempts were made to enlist more men ; a large store of coals was taken in ; but at this point the French Government stepped in. The French Government, not choosing their ports to be made the scene of hostile operations, in- terposed, and preveutelace in England.'^ On the day after the Sea King left London, the Laurel, a screw-steamer, "nearly new hnilt, very strong, and admirably adai>(ed for a privateer,"" leit Liverpool, clearing for Matamoras via Nassau. She took on board "a number of cases containing guns and carriages;'" and she had "twenty-one seamen, six stewards, besides deck-bands and firemen,"* as first reported by the Consul at Liverpool. Further infor- mation after sbe left le«l him to write that sbe had taken "about one hundred men, forty or liftj' of whom were on tbe pirate Alabama, and all Englisbmen."^ Tlie two vessels met off Madeira. On tlie morniuflf of tbe ISth of October they went together to tbe barren island of Porto Santo near Madeira, and there, with eighteen hours' work, transferred to tbe Sea King tbe arms and ammunition from tbe Laurel, "guns, gun-carriages, sbot, shell, powder, clothing, goods, &(;."" Tbe insurgent conunander of tbe Sea King and about forty men came out of tho [205] Laurel and took possession of *the vessel, and named her tlie Shenandoah; tbe insurgent fiag was hoisted, tbe Laurel boisted tlie English tlag, and took on board some of the men of tbe Sbenandoah, Avho could not be induced, even by "a. bucketful of sovereigns," to aid ill violating the Queen's Proclamation ; and th.e two vessels separated. Tbe next appearance of the Shenandoah in a British jwrt was at Mel- bourne in January, 1805. Her character and history were well known, and were at once brought to tbe notice of the Governor by tbe Consul of the United States.' Tbe evidence was so cletir that tbe authorities evidently felt they must go through the form of arresting and examin- ing ber. This was tbe shell conceded to the United States. Tbe kernel was reserved for the in surgcnts. Tb e vessel was discharged and al lowed to nake extensive repairs; to go upon a dry dock; to take on board three hundred tons of coal, having at the time four hundred tons on board ; and tbe authorities deliberately shut their eyes while she enlisted about fifty men." The Shen.'indoah, with its British crew, continued its career of destruc- tion until long after tbe insurgents had abandoned the contest in [29G] America. It was not until tbe lOtb of June, 1805, that Bul*lock, managing things to tbe last, issued his instructions to Captain Wadilell to desist." This communication the Foreign Oflice undertook to forward to him.'" Captain Waddell arrived with his ship in the Mer- sey ill November, 1805, and surrendered bis ship to the British Govern- ment, by whom it was handed over to tbe United States. > Dudley to Sowanl, Vol. Ill, p.ago 319. » Wilson's affieliivit, Vol. Ill, i>iigo 326. « Dndley to Seward, Vol. Ill, page 316. * Dudley to Adams, Vol. Ill, page 317. 6 Dudley to Seward, Vol. Ill, page 318. Wilson's affidavit. Vol. Ill, page 325. ■> Vol. Ill, pages 31)3, 394, 396,' 396. 8Vol. Ill, pages 384-444. 9 Bullock to WnddcU, Vol. Ill, page 457. «> Hammond to Mark, Vol. Ill, page 459. If m^.-i 120 WHEREIN GREAT BRITAIN FAILED TO It is tluo to (hvat IJritaiii to say that, in addition to tlic rams, Rome Mr. M.n„.,,«u^ otlioi" vcsscis wvi'ii dctaiiicd by IJcr Majosty'-s (lovt'ruiuent. Il:ir;i;!n'',,!',iT; Mr. Mountajjuc Jit'ruard, one of Her Majesty's Ilijuh Com- lir.i.iKni,,,,. inissioiiors at Wasliin^^ton, in liis able and courteous, but essentially JJritish, "Historical Account of tlio Neutrality of Great Britain durinjf tlie American Civil War,"' tlins recapitulates the action of the Ihitish Clovernnjent in the cases which have not been hitherto noticed in this paper. From his position, it may reasonably bo assumed that tl>^ list is a complete one : " November 18, l.S(»L* — The Hector. Mr. Adams's application referred to the Admiralty November 18. This was an incpiiry whether the Hector was building for Her Majesty's (lovernment. On reference to the Admiralty it was answered in the alhrmative. — .January 1(5, ]8(];j — The Gcorffiana. Keferred to Treasury and Home *Otli<*e [297] January 17. Sliip said to be litting at Liverpool for the Conled- erates. Mr. Adams could not divulge the authority on which this state- ment Avas made. Reports from the customs, sent to Mr. Adams on the 18th, li)th, and 27th of January, tended to show that she was not de- signed ior war. She sailed on the 21st of January for Nassau, and on the lOth of March was wrecked in attemi)ting to enter Charleston Harbor.— March 20, 18(5,'j — The FhunUmi and the SotUhcrncr. Keferred to the Treasury and the Home Otlice March ' T, to the Law Ollicers of the Crown June 2. The Phantom was tilting at Liveri)ool, the Southerner at Stockton-on-Tees. Loth proved to be intended for l)lockad('-runners. # * # * — March 18, 1804 — The Amphlon. itelerred to Homo Office March 18. This vessel was said to be equipped for the Confeder- ate service. The Law Officers reported that no case was made out. Slie was eventually sent to Copenhagen for sale as a merchant-ship. — April 10, 1801— The JIaicL lieferred to the Home Office, to the J^ord Advo- cate, and the Treasury April 18. This case had been already (Ajiril t) roi)orted on by the customs, and the papers sent to the Lord Advocate. On the It'Jth of April the ship, which was suspected of having be(!U built for the Confederates, left the Clyde without a register, and came to Greenhithe. The Law Offic^ers *decided that there was no evi- [-9SJ deuce to warrant a seizure. She i)r(ned to be a blockade-runner. * * * — January 30, 180."i — The Viryinia and tlm Louisa Ann Fann)/. Referred to Treasury February 1. Yes.sels said to be in course of eruip- ment at London. No case was established, and they proved to be biock- ade-runners, as reported by the Governor of the Bahamas, who had been instructed to watch their proceedings. — February 7, 1805 — The Hercules and Ajax. Eeferred to Treasury and Home Office February 8 and 9. Both vessels built in the Clyde. The Ajax lirst proceeded to Ireliud, and was detained at (Jueenstown by the mutiny of some of the aew, who declared she was for the Cmifederate service. She was ac(!ordiiigly searched, but proved to be only fitted a's a merchant-ship. The Gov- ernor of the Bahamas was instructed to watch her at Nassau. On her arrival there she was again overhauled, but iiot,hing suspicious discov- ered, and the Governor reported that she was adapted, and he believed intended, for a tug-boat. The Hercules being still in the Clyde, inqui- ries were made by the customs officers there, who reported that she was undoubtedly a tug-boat, and the sister ship to the AjaxJ^ This is the whole catalogue of good works, additional to those alrexdy alluded to, which the accomplished advocate of Great Britain is able to put in *as an offset to the simple story of injuries which [299 has been told in this paper. Comment upon it is unnecessary. ' lieruard's Neutrality, page 352. PERFORM ITS DUTIES AS A NEUTRAL. 121 The rhnrR*.'!i in Mr, Fiwh't* iristruc^ttm ot StptemliLT aa, IHtil>, i«ii!)tiiinci.l by iliia er* iiicnco. Tlie United States have now completed what they have to say in this coimection of the conduct of Great Britain during the insurrection. Some of the narrative may, in its ju'rusal, appear minute, an«l to refer to transactions whicli will be claimed on the part of Great Itritain to liavc been conducted in confonnity with some construction of alleged International Law. These transactions are, however, historically nar- rutcd; and even those which come nearest to a justification, as within some precedent, or some claim of neutral right, exhibit a disinclination to investigate, not to say a foregone conclusion of adverse decision. British municipal statute rather than recognized luternatioiml Law was the standard of neutral duty ; and the rigid rules of evidence of the English Connnon Law were applied to the complaints made in behalf of the United States, in striking contrast to the friendliness of construc- tion, the alacrity of decision, and the ease of proof in the interests of the insurgents. Before proceeding to relate in detail the acts of the several cruisersj which will constitute specitic claims against Great Britain, the United States ask the Tribunal to pause to see what has been already estab- lished. [300J *ln a dispatch from Mr. Fish to Mr. Motley, on the 2oth of September, 1809, in which the Government of the United States, for the last time, recited diplomatically its grievances against Great Britain, certain statements were made which were esteemed to be of sufficient importance to be tninsferred to Mr. IMountague Bernard's book. Mr. Bernard was l)]eased to say of these statements, that a "rhetorical color, to use au iuofl'cusive phrase, [was] thrown over the foregoing train of assertions, which i)urport to be statements of fact." The United States now repeat those statements which IJer Majesty's Iligh Commissioner did them the honor to incorporate into his able work, and to comment upon, and they confidently insist that every statement therein contained has been more than made good by the evidence referred to in this paper. Those stiitenients were as follows,* the references to the proof being inserted for the convenience of the Tribunal : "As time went on ; as the insurrection from political came at length to bo military ; as the sectional controversy in the United States pro- ceeded to exhibit itself in the organization of great armies and lleets, and in the prosecution of hostilities on a scale of gigantic magnitude, then it was that the spirit of the Queen's Proclamation showed [301] itself in *the event, seeing that in virtue of the Proclamation maritime enterprises in the ports of Great Britain, which would otherwise have been piratical, were rendered lawful, [see Lord GamphelVs speech in the House of Lords, May 10, 1801 ; cited ante, page 14,] and thus Great Britain became, and to the end continued to be, the arsenal, [see Hme and Ferffuson^s letters and Oorgas's report of Ruse's purchases,] the navy-yard, [see the foregoing account of BuUoclc's doings,] and the Treas- ury, [see the foregoing evidence a« to Fraser, Trenliolni & CoJ's acts as depositaries,] of the insurgent Confederates. "A spectacle was thus presented without precedent or parallel in the history of civilized nations. Great Britain, although the i)rofessed friend of the United States, yet, in time of avowed international peace, permitted [see the decision in the Alexandra ease; also the refusals to proceed against the Florida, Alabama, and the rams] armed cruisers to be fitted out and harbored and equipped in her ports to cruise against the 'Bernard's Neutxality of Great Britain, 378-380. 122 WHEREIN GREAT BRITAIN FAILED TO i#i m lil: pi 9 it I it |[ I ! :■ I merclmntsliipa of tlio UiiiU'd Statow, and to bnrn and destroy tliom until our niaiitinic (M)njnu'rc(» was swept I'roni the ocean. [Sec Mr. Coh- dcn^n Hpci'cli in the JIouhc of (Joiiniionsj Mli'atically by eai»tors w1m» had no p(nts of their own \H<;e Earl KuhscU-h npcech in the Home of Lonls, Aitril 20, lHiH\ in which to relit *or to condenui prizes, and wliose tudy [oOi'J nationality was the ' the onndpotent Parliament, which mij^ht have settled these questions in an hour by approjjriate lejiislation, sat with folded arms, as if unmindful of its international obli^iations, and suffered ship after ship to be (jonstructed *in its ports to wage [30.3] war on the United States. [iSec the decision of the Cabinet, com- vniuicdfed to Mr. Adams, February 13, 1803, anil Lord Palmerston'S speech in the House of Common f, March 27, 1803.] " "Vv hen the defects of the existing laws of Parliament had become ai)parent, the (Jovernment of the United States earnestly entreated the (Jueen's .Ministers to provide the recpiired remedy, as it wouhl have been easy to do, by a i)roper act of Parliament ; but this the (Queen's Government refused. [See the account of Lord RusseWs interview with Mr. Adams, February 13, 1803.] " On the present occasion, the Queen's Ministers seem to have com- mitted the error of assuminj? that they needed not to look beyond their own local law, enacted for their own domestic convenience, and mijjht, under cover of the dellciencies of that law, disregard their sovereign duties toward another Sovereign Power. Nor was it, iu our Judgment, any adequate excuse for the Queen's Mi I'i'^ters to profess extreme tender- ness of private rights, or api)rchension of riitions for damages, in case of any attempt to arrest the many ships whifii, either in England or Scot- land, were, with ostentatious public.f^, being constructed to cruise *against the United States. [See the evidence as to the [304] Florida, the Georgia, the Alabama, the rams, the Bermuda, the Tal- lahassee, the Pampero, the Rappahannock, the Laurel, and other vessels.] ******* " But although such acts of violation of law were frequent in Great Britain, and susceptible of complete technical proof, notorious, flaunted directly in the face of the world, varnished over, if at all, with the shal- lowest pretexts of deception, yet no efficient step appears to have been taken by the British Government to enforce the execution of its muni- cipal laws or to vindicate the majesty of its outraged sovereign i)ower. PERFORM ITS DITTIES AS A NEUTRAL. 123 com- their nijjht, ert'igii UR'Ut, ikUt- •ase of Scot- [304] ;/s.] * Great lunted sbal- been I niuni- iwwer. \Tlio Ahthamn, the Florida, the (hnnfio, and the Shcnanthxth escaped. The rams irere sei::e(t, hut ntrer eimdeitiiivd ; no (juilfi/ party was veer punished ; lUdloek aial I'rioleaii were uerer i,itir/er (lovi'iiiincnt of tin' Uiiit«'(l Slatj's cannot believe — it wonUl conceive itself waiitin;;' in respect for (ireat iJritaiii to iinimte — that the Queen's Ministers are so much hampered i>,vjnri(lical ditllculties that the local administration is thus reduced to such a state of le;;al inipott'ncy lis to depriv*' the (lovernment of capacity to uphold its soverei;;iity ayainst local wronfjf-chiers, or its neutialily as re<;ards other Sover- cij»n I'owers. [Contrast with this the cDitrse of the liritish Gov- [30j] *ernntent and Parliament dnrinij the Franco-German war.\ " If, iinhn'd, it were so, the causes of leclaniation on the part of the United States wcndd oidy be the more positive and sure, for the law of nations assinnes that each (lovernment is ca|)ab!e of dischar;:;in;; its international obli;>-ations; and, ])erchanc<>, if it Ix^ not, then the ab- sence of such capability is itself a specill<; ground of responsibility Ibr conscjiiiences. [This statement probahli/ will not be denied.] "IJnt the (Jueen's (lovernment would not be content to admit, nor will the (lovernment of the United States i>resiiine to impute to it, stick political orfjanization of the British JOmpiro as to impl.v aiiv want of Icfial ability on its part to discharj^e, in the amplest nmnner, all its du- ties of sovcrcij^iity and amity toward other Powers. ''It rcnnuns only in this relation t») refer to one other i)oint, namely, tlic (jucstion of neart of olllcers t>f the Jhitish (lovernment, whether sui>erior or subordinate, to detain Confederate cruisers, and especially the Alabama, the most successful of the depre- dators on the connnerc. of the United States. "On this point the President conceives that little needs now to bo said, for various cojjfcnt reasons : [300] * " First, the matter has been exhaustively discussed already by this Department, or by the successive American ^Ministers. "Then, if the question of negligence be discussed with fraidiness, it must be treated in this instance as a case of extreme negligence, whicili Sir William Jones has taught us to regard as equivalent or apj)roxinuite to evil intention. The question of negligence, therefore, cainiot bo i)re- sentod without danger of thought or langiuige disresi)ectful toward the Queen's ^Ministers ; and the President, while purposing, of course, as his sense of duty requires, to sustain the rights of the Uinted States in all their utmost amplitude, yet intends to speak and act in relation to Great Britain in the same sjtirit of international respect which he expects of her in relation to the United States, and he is sincerely desirous that all dis- cussions between the Governments may be so conducted as not only to prevent any aggravation of existing dilicrencjes, but to tend to such reasonable and amicable deiermination as best becomes two great na- tions of common origin and conscious dignity and strength. "1 assume, therefore, pretermitting detailed discussion in this resi)ect, that the negligence of the oflicers of the British ("ioverniuent in [307] the matter of the Alabama, ut least, was gross and inex*cusable, and such as indisputably to devolve on that Government full responsibility for all the depredations committed by her. Indeed, this conclusion seems in effect to be conceded in Great Britain. [See the pre- face to Earl EusseWs Speeches and Dispatches.] At all events, the United States conceive that the proofs of responsible negligence in this matter are so clear that no room remains for debate on that point, and it should bo taken for granted in all futiu-e negotiations with Great Britain." [310] [309] *PART V. WHEREIN GKEAT BRITAIN FAILED TO PERFORM ITS DU- TIES AS A NEUTRAL.— THE INSURGENT CRUISERS. " In the first place, I am sorry to observe that the unwarrantable practice of build- ing ships in this country, to be used as vessels of war against a State with whi(;h Her Majesty is at peace, still continues. Her Mnjesty's Government had hoped that this attempt to make the territorial waters of Great Britain the place of preparation for warlike armaments against the United States might be pnt an end to by prosecutions and by seiznre of the vessels built in pursuance of contracts made with the Confederate agents. Bnt facts which are unhappily too notorious, and correspondence wbich has been pnt into the hands of Her Majesty's Government by the Minister of the Govern- ment of the United States, show that resort is had to evasion and subtlety in order to escape the i)enaltie8 of the law ; that a vessel is bought in one jilace, that her arma- ment is prejiared in another, and that both are sent to some distant port beyond Her Majesty's jurisdiction, and that thus an armed steamship is fitted out to cruise against the commerce of a Power in amity with Her Majesty. A crew, composed partly of IJritish subjects, is i>rocured separately ; wages are paid to them for an unknown ser- vice. They are dispatched, perhaps, to the coast of France, and there, or elsewhere, are engaged to servo in a Confederate man-of-war. " Now, it is very possible that by such shifts and stratagems, the penalties of the existing laAv of this country, nay, of any law that could be enacted, may bo evaded ; but the offense tbus offered to Her Majesty's authority and dignity by the de facto rulers of the Confederate States, whom Her Majesty acknowledges as belligerents, and whoso agents in the United Kingdom enjoy the benefit of our hospitality in (piiet se- curity, remains the same. It is a proceeding totilly unjustifiable, and manifestly of- fensive to the British Crown." — I:!arl litisselVa Letter to Messrs. Mason, Slidell, and Mann, February i;i, 18G5. Vol. I, pafje 630. '' The Tribunal of Arbitration will probably agi'ce with Earl Rus- [310] sell in bis statement to the insur*geut agents, that ^nri Ru,,eii de " tbe practice of building ships" in Great Britain "to I'JUJr'.'il" u.'i.ej be used as vessels of war" against the United States, and SmltmlXSn," w the " attempts to make the territorial waters of Great Brit- '^"^ ■"O.-iinuui,-. aiuthe place of preparation for warlike armaments against the United States" "in pursuance of contracts made with the Confederate agents," were '' unwarrantable" and "totally unjustifiable." British territory was, during the whole struggle, the base of the na- val operations of the insurgents. The first serious flgbt „ri,i,,, ,„,„„,, hiid scarcely taken place before the contracts were made vni.''j»r:,.'i'.ml,'«ft"i;9 ill Great Britain for tbe Alabama and tbe Florida. The >"'""^""'- contest was nearly over when Waddell received his orders in Liverpool to sail thence in the Laurel in order to take command of the Shenan- doah and to visit the Arctic Ocean on a hostile cruise.^ There also was the arsenal of tbe insurgents, from whence they drew their munitions of war, their arras, and their supplies. It is true that it has been said, and may again be said, that it was no infraction of the law of nations to furnish such supplies. But, while it is not maintained that belligerents may infringe upon the rights which neutrals have to manufacture and deal in such military supplies in the ordinary course of commerce, it is asserted with confidence [311] that a neutral *ought not to permit a belligerent to us 3 the UvJii- tral soil as the main if not the only base of its military supplies, (luring a long and bloody contest, as the soil of Great Brit>iin was used by the insurgents. iVol. Ill, page 461. Their nrsenal. i>' 1 ; 126 INSURGENT CRUISERS. It may not always Ik- easy to determine what is and what is not hiwl'iil coriimerce in arms and munitions of war; bnt the erIt'iocTof"!im'''T Uiiited States conceive that there can be no doubt on which or?h""iui 'rof'"S side of the line to place the insurgent operations on Britiy'i neutnii. fiTitory. If Iluse had been removed from LiverpocI, Hoy- liger from "^lassau, and Walker from Bermuda ; or if Fraser, Trenholm & Co. h'.d ceased to sell insurgent cotton and to convert it into money for tJ'^ use of Huse, Heyliger, and Walker, the armies of the insurgents mr.st have succumbed. The systematic operations of these persons. carried ou openly and under the avowed protection of the British Gov- eenraent, made of British territory the " arsenal " of which ]\Ir. Fish complained in his note of September 25, 18G9.* Such conduct was, to say the least, wanting in the essentials of good neighborhood and should be frowned upon by all who desire to so establish the principles of International Law, as to secure the peace of the world, while pro- tecting the independence of nations. It is in vain to say that both parties could have *done the same [312] thing. The United States were under no snch necessity. If they could not manufacture at home all the supplies they needed, they were enabled to make their purchases abroad openly, and to transport them in the ordinary course of commerce. It was the insurgents who, una- ble to manufacture at home, were driven to England for their entire military supplies, and who, finding it impossible to transport those snp plies in the ordinary course of commerce, originated a commerce for the l)urpose, and covered it under the British flag to Bernmda aiui Nassau. Under the pressure of the naval power of the United States, their ne- cessities compelled them to transport to England a part of the txeeii tive of their Government, and to carry ou its operation in Great Britain. They were protected in doing this by Her Majesty's Government, although its a«^tention was called to the injustice thereof.^ Tliis eon duct dei>rived tlie United States of the benefit of their superiority at sea, ami to that extent British neutrality was partial and insincere. The United States confidently submit to the Tribunal of Arbitration tliat it is an abuse of a sound i)rincii)le to extend to such combined transac- tions as those of Hu.se, Ileyliger, Walker, and Fraser, Trenhohn & Co., the well-settled right of a neutr:tl to manufacture and *sell [iU'] to either belligerent, during a war, arms munitions, and military sui)plies. To sanction such an extension will be to lay the huindatioii for international misunder.standing and probable war, whenever :i weaker party hereafter may draw upon the resources of a strong neii- tr:jl, in it.s ellbrts to make its strength equal to that of its antagonist. I'lom the Queen's Proclamation of neutrality to the cIo.se of tiii' struggle, Great Britain framed its rules, con.strr.ed its laws Continuinc par'i.il ;y I eentt>. .y lor the in ur: ainlits lust ruct lou.s, and.govemcd its conduct in the in terest of the insurgt'iits. What c(mld tend more to inspirit them than the news that on the eve of Mr. Adams's arrival in Loiuhm. as if to !'; 1? vhich permitted the transshipment of goods contraband of war \vit!iin the colonial ports; by otlicially informing the colonial oili- cers that " British authorities ought not to take any steps adverse to merchant-vessels of the Confederate States, or to interfere with their free resort to British ports ;"* by giving oflicial notice to the United States that it would not do to examine too closely, on the high seas, British vessels with contraband of war;^ and by regulations which operated to deter the United States vessels of war from entering the British ports from which the illicit trade was carried on. The Foreign Enlistment Act of 1810 forbade the employment of a British vessel as a transport ; and yet vessels known to l)e owned by the insurgent authorities, and engaged in carrying mnnironsot war for them, were allowed to carry the Britisii Hag and were welconied in British ports. Still further, l!>e same vessel would ai)i»<'ar one day as a block- ade-rniuier, and ju'i/ihor day as ti aian-of-wav, receiving an ely of coal in excess ( f what would be necessary to take the vessel to I'e nearest i)<)ri of its own country or some nearer destination. This rule was enforced upon the vessels of the United States, but was utterly disregarded as to the ves- sels of the in« i;.!onts. Those instru ..3 also forbade the granting of any supjdy of coal to such a vessel li' r. /; ^ been coaled in a British port within three months. ' Ami! yiffo, 251. * I)uk« of Newcastle to Governor Ord, Vol. II, page 558. > Earl Russell to Lord Lyons, Vol. II, page 591. 128 INSURGENT CRUISERS. Yet iu tliroe notable instances this salutary rule was violated, tliat of the Nashville, at Bermuda, iu February, 1802 ; the Florida, at Barbadoes, in February, 1803; and the Alabama, at Capetown, in March, 18(54. These admitted facts were repeatedly, and in detail, broujrht to the notice of the British Government, and as repeatedly the »^vcTJy^m"Z answer was given that there was no cause for interference. naiViow'mr'msur- At leuQth thcy were, as a system, brought to Lord llussell's tentrru,«r». attcutiou, by Ml'. Adaius, with the threads of evidence, which furnished him with the proof of their truth. Yet he declined to act, saying that " this correspondence does not appear *to Her Majesty's Government to contain any sutficient evidence [317] of a system of action in direct hostility to the United States;" that it furnished no proof as to the building of iron-clads that '' could form matter for a criminal prosecution ;" and that the other acts com- plained of were " not contrary to law."' In other word?., he declared that the only international oftense of which Her Majesty's Government would take notice was the building of ironclads ; and that no steps would be taken, even against persons guilty of that violation of neutral- ity, until the oflicials of the United States would act the part of detec- tives, and secure the proof which a British court could hold competent to convict the ofleuder of a v' >)!'tion of a local law. It is important, in considering the evidence which ; ir it to be referred to, to bear in mind these constant demon.strations c iality for the insurgents. They show a persistent absence of real nti, dity, whi<'.h, to say the least, should throw suspicion upon the acts of the British officials as to those vessels, and should incline the Tribunal to closely scrutinize their conduct. The United States, however, go further than this. They insist that They .hnw an Ht'r ^lajcsty's Government abandoned, in advance, gen'e't'Ket'Il'ih'e ^••t' excrcisc of that due *diligence Which the Treaty [318] acfcompiunedof. of Washiugtou dcclarcs that a neutral is bound to observe. They say that the position of Her Majesty's Government just cited, taken in connection with the construction put ui>on the Foreign Eniit-tment Act by the British courts in the Alexandra case, was jv practical abandonment of all obligation to observe diligence in prevent- ing the use of British territory by the insurgents, for purposes hostik* to the United States. They aver that it was a notice to them that no complaints in this respect would be listened to, which were not accom- panied by luoof sufficient to convict thr ofleuder as a criraiiuU under the Foreign Enlistment Act. To furnish such i)roof was simply impos- sible. The Tribunal will remember that it was judicially said in tlie case of the Alexamlra, that what had been done in tlie matter of the Alabama was no violation of British law, and therefore constituted no oflense to be i)unished. Weil might Earl Bussell sav that the Oreto and the Alabama They tlirnw iipnn Gre.it llntiin tlw biiriten i)f proof to ehnw tli.'it tlie art- rompfi'dlieil ftl roiittl nol li i\e bt'eu pre- vented. were a scandal to English laws. r fi! The United States with great confidence assert that the facts whicli have been established justify them in asking the Tribunal of Arbitra- tion, in the investigations now about to be made, to assume that in tbe violations of neutrality which will be shown to have taken jdace, the burden of proof *wi'l be upon Great Britain to establish that [319] they could not have bee . prevented. Her Majesty's (iovernment declined to investigate charges and to examine evidence submitted by Mr. Adams, as to repeated violations of British temtory, which sub- sequent events show were true in every respect. It idaced its refusal 1 Earl Boasell to Mr. Adams, Vol. I, page 578. THE SUMTER. 129 npon principles which mnst inevitably lead to like disregard in future — principles which rendered nugatory thereafter any measure of diligence to discover violations of neutrality within Her Majesty's dominions. Thereby Great Britain assumed and justified all similar acts which had been or might be committed, and relieved the United States from the uecessity of showing that due diligence was not exercised to prevent theiu. Of what use was it to exercise diligence to show the purpose for which the Florida, the Alabama, or the Georgia was constructed, or the Shen- andoah was purchased, if the constructing, fitting out, or equipping, or the purchase for such objects was lawful, and could not be interfered with? What diligence could have prevented the excessive supplies of coal and other hospitalities to the insurgent cruisers, or the protection of transports, all of which made these ports bases of operations, if such acts were no violation of the duties of a neutral, of which the United States might justly complain ? [320] *The cruisers for whose acts the United States ask this Tribunal to hold Great Britain responsible are (stating them uatof th. m»ur in the order in which their cruises began) the Sumter; the »*«<=""»•"■ Nashville; the Florida and her tenders, the Clarence, the Tacony, and the Archer ; the Alabama and her tender, the Tuscaloosa ; the Eetribu- tiou; the Georgia: the Tallahassee; the Chickaraauga^ and the Shenan- doah. The attention of the Tribunal of Arbitration is now invited to au account of each of these vessels. The Sumter. THE SUMTER. The Sumter escaped from the passes of the Mississippi on the 30th of June, 1861, and on the 30th of the following July arrived at the British port of Trinidad. She remained there six days, taking in a supply of coal.^ Comi'laint being made of this act as a "violation of Her Majesty's Proclamation of Neutrality,''^ Lord Eus- sell replied, that " the conduct of the Governor was in conformity to Her Majesty's Proclamation ; " that " Captain Hillyar, of Her Majesty's Ship Cadmus, having sent a boat to ascertain her nationality, the com- manding officer showed a commission signed by Mr. Jeffei'son [321] Davis, calling himself the Presi*dent of the so-styled Confederate States.'" Her Majesty's Government thus held this vessel to be a manof war as early as the 30th of July, 1861. Having got a full supijly of coal and other necessary outfit, the Siuuter sailed on the 5th of August, 1861, and, after a cruise in which she destroyed six vessels carrying the flag of the United States, she arrived in Gibraltar on the 18th of the following January. Before she could again be supplied with coal and leave that port, she was shut in by the arrival of the Tuscarora, a vessel of war of the United States, which " anchored off Alf^eciras."* The Tuscarora was soon followed by the Eearsarge, both under the instructions of the Government of the United States. Finding it impossible to escape, an attempt was made to sell the Sumter, with her armament, for £4,000.' The consul of the United ■ Bernard to Seward, Vol. II, page 466. ■Adams to Rassell, Vol. II, page 484. ' Rnssell to Adams, Vol. II, page 486. * Spragae to Seward, Vol. II, page 502. > Spragae to Adams, Vol. II, page 507. S. Ex. 31 9 130 INSURGENT CRUISERS. Ki m States at Gibraltar, by direction of Mr. Adams, protested apjainst this sale.* The sale was finally made "by public auction" on the 19th of December, 18G2.* Mr. Adiuus notified Earl Kussell that the sale woultl not be recognized by the United States, and called upon Great Britaiu not to rej;ard it, as it had been made in violation of principles of law that liad been *adopted by British courts and publicists.' He [']22] maintained that "Iler Majesty's Government, in furnishing shelter lor so long a periwu to the Sumter in the harbor of Gibraltar, as a ship of war of a belligerent, had determined the character of the vessel ;"< and that '' the purchase of ships of war belonging to enemies is hold in the British courts to be invalid.'" After reflecting upon this simple proposition for more than five weeks. Earl llussell denied it. He said, "The British GoVernment, when uoii- tral, is not bound to refuse to a British subject the right to acquire by purchase a vessel which a belligerent owner may desire to part with, but it would not denj' the right of the adverse belligerent to ascertain. if such vessel were captured by its cruisers, whether the vessel hail rightfully, according to the law of nations, come into the iwssession of the neutral."" j\Ir. Adams also maintained that the sale was fictitious," to which Earl llussell replied that he "could not assume that the Sutiitcr had not b(!en legally and bona Jide sold to a British owner for commer- cial and ])eaceiul i>urposes."^ IMr. Adams insisted (and the result proved that he *was correct) that the sale of the Sumter was [323] fictitious, and that the purchaser was an agent of Eraser, Tren- holm & Co., the treasury agents and depositaries, »&c., for the insurgent authorities at llichnioiid.'' His representations were disregarded, and the vessel was taken to Liverpool and thoroughlj' repaired. She then took on board a cargo of arms and munitions of Avar, and, under the the name of the Gibraltar, fortified with a British register, became an insurgent transport.^" In all these proceedings on the part of British oflRcials the Uiiitod States find a partiality toward the insurgents, which is inconsistent witli the duties of a neutral : 1. The SuHJter was permitted to receive at Trinidad a full supply of coal. The United States, hown^er, were forbidden by Great Britain even to deposit coal in the British West Indies for their own use, under such regulations as might be prescribed by Her IMajesty's Governinont. What look place at Nassau in December, 18G1, has already been ioVi In Bermuda, on the 19th of February, 18G2, their consul was offi- cially informed that "the Government of Her Britannic Majesty *had determined lot ti> allow the formation in any British colony of a coal-depot for the use of their vessels of war, either by the Government of the United States or of the so-styled Confederate States."" ' Sinaguc to Codringtou, Vol. II, page 509. " Spiague to Adams, Vol. II, page TjIG. 3 Adams to Russell, Vol. II, page 522. 4 Adams to Kiissell, Vol. II, page 523. * Aduuia to Hiissell, Vol. II, page .'>22. * Russell to Adams, Vol. II, pagu 526. ' Adams to Kussell, Vol. II, page 520. * Russell to Adams, Vol. II, page !J21. "The nominal purebasers were M. G. Klingerder & Co., (Vol. II, page 529.) Tlii house was connected with Fraser, Trenbolui & Co., aud paid regularly a portion of tl) wages of the men ou the Alabama to their families iu Liverpool. (See Dudley to Adams, Vol. Ill, page 210.) w V«)l. II, pages a^l -538. » Onl to Allen, Vol. II, page 590. See also the reports of tho oflBcers of the Keystone and the Quak«T City, who, iu December, 1861, were refused supplies of coal at this port. Vol. VI, pages 52 and 53. See also the cose of the Florida, j>08f, where this subject ia more fully discussed. m THE SUMTER. 131 m .mi J9.) Tlii on of lb udky to Keystone this port. subject is Before tliis Case is finished it will be seen how thoroughly this doter- miiiJitiou was disrejfarded as to the "sostylcd Coufedoriite States." If it should be thought that the habitually insiueere neutrality of Great Britain, as already detailed, did not constitute such a violation of the duties of a neutral as wouhl entail responsibility for the acts ot all the insurgent cruisers, (which the United States, with confidence, maintain that it did,) it is clear that tlie Sumter was furnished witii an excessive supply of coal at Trinidad, which supply enal>le(l her to iiillict the sabsequent injuries on tLeconinierce of the United States. It is not contended that at that time there were any precedents which settled absolutely the quantity of coal which might be furnished to a bellige- rent steam man-ofwar by a neutral. When the proclanuition of neu- trality was issued, it seemed to be the opinion of leading members of the House of Lords, (Lords Brougham and Kings sale of tjie Sumter was palpably an evasion. She went into the haiiiis of Fraser, Treuholm & Co*.; and, knowing the connection be- tween that firm and the insurgents, it is not too much to ask the Tribunal to assume as a probability tluit there was never any change of owner- ship. But if it should be thought that the transaction was made bona fide, then there is an equal i>roabability that the money found its ' VoL IV, pp, 486-491. 'The Prewidi'iirs Proclamation of October 8, 1870, issued during the Frauco-Gormnn war, limited the supply ^»f coal to tbo war vessels or privateers of the belligerents to 80 umch as iiiigbt be sufflcieut, if without sail-power, to carry the vessel to the uearest European port of its o'va couatry ; if with sail-power, to halt that quantity. 'Vol. II, pages 502, 503. * Sprague to Adams, Vol. II, pages 502, 503, 506, 507. w^ 132 INSURGENT CRUISERS. way to the *credit of the insurgents in their Liverpool trans- [327] actions. By reason of these repeated acta of insincere neutrality, or of actual disregard of the duties of a neutral, the United States were great suf- ferers. Before arriving at Trinidad the Sumter captured eleven Anieri can vessels.^ After leaving that port, and before arri^^ng at Gibraltar. she captured six other vessels belonging to citizens of the United St.ites, The injury did not stop there. The United States made diligent eli'orts to capture this vessel which was destroying their commerce. For tliis purpose they dispatched across the Atlantic two of their men-of-war, tlip Kearsarge and the Tuscarora. These vessels followed on the track of the Sumter, and the plans of the United States would have been suc- cessful had Earl Russell's instructions of January 31, 1862, been carried out toward the Sumter in the port of Gibraltar, as they were canied out toward the vessels of the United States in all the colonial ports of Great Britain. Under these circumstances, the United States ask the Tribunal to find and certify as to the Sumter that Great Britain, by the acts or omissious hereinbefore recited or referred to, failed to fulfill the duties set forth in the three rules in Article *VI of the Treaty of Washing- [328] ton, or recognized by the principles of International Law not in- consistent with such rules. Should the Tribunal exercise the power con- ferred upon it by Article VII of the Treaty, to award a sum in gross to be paid to the United States, they will ask that, in considering the amount so to be awarded, the losses of individuals in the destruction of their vessels and cargoes by the Sumter, and also the expense to which the United States were put in the pursuit of that vessel, may be taken into account. THE NASHVILLE. The N8,shville, a large paddle-wheel steamer, formerly engaged on the New York and Charleston line, lightened to diminish her Th« Na»hT.iie. draught, armed with two guns, and commanded by an officer who had been in the Navy of tne United States, ran out from Charleston on the night of the 26th of October, 1861.'* She arrived at the British port of St. George, Bermuda, on the afternoon of the 30th^ of the same month, having been about three and a half days making the passage. She took on board there, by the permission of the Governor, six hundred tons of coal,* and this act was approved by Her Ma*jesty's prin- cipal Secretary of State for the Colonies.^ This approval seems to have been elicited by the complaints which had been made to the Governor by the Consul of the United States at that port." It may also be that Her Majesty's Government preferred to have the question set- tled, before it could be made the subject of diplomatic representation on the part of the United States. • In view of the rule as to supplies of coal which was soon after adopted by Her Majesty's Government, the United States insist, as they have already insisted in regard to the &imter, that a supply of six hundred ' Beraard to Se-nrard, Vol. II, page 4^5. ' Bernard's Neutrality of Great Britain, page 267. ' swells to Seward, Vol. II, pace 538k • Governor Ord to the Dnke or Newcastle, Vol. n, page 557. • Duke of Newcastle to Governor Ord, Vol. II, pake toS. • Wells to Ord, Vol. II, page 639. THE FLORIDA AND HER TENDERS. 133 tons was greatly iu excess of the needs of the Nashville. There are no meiuis of knowiug whetlier she had any coal on board at the time she arrived in the port of St. Georg(i. Assuming that she had none, the utmost she should have received was enough to take her back to Cliarleston, from which port she had just come in three days and a Iialf. lustoad of that, she received more than a supply for a voyage to South- ampton. She left Bermuda on the afternoon of the 5th of November,' and anchored in Southampton waters on the morning of the L'lst [330] of the same n)onth,* *having destroyed at sea the United States merchant-ship Harvey liirch-^ on the passage. A correspondence ensued between Earl Kussell and Mr. Adams as to the character of this vessel, in which Lord llussell said, " Tlie Nashville appears to be a Confederate vessel of war."* She was received as such, was " taken into dock for calking and other repairs," and " received one hundred and fifty tons of coal" on the 10th of January. On the 25th "Captain Patey, of Iler Majesty's Navy, reported the Nashville coaled and necessary repairs completed."^ On the 4th of the following February the Nashville left Southampton and proceeded to Bermuda, where she arrived on the evening of the L'Uth. . On the day previous to that (the 19th) the Consul had received from the Governor the oflicial notice already alluded to, that the Gov- erumeut of Iler Britannic Majesty had determined not to allow the formation, in any British Colony, of a coal depot lor the use of the vessels of war of the United States." The Government of the United States was, therefore, not a little astonished to learn from the Consul at Bermuda that the Nashville had taken on board one hundred [331] *and fifty tons of coal at that place, and that she left '-under the escort of Her Majesty's steamer Sj)iteful."^ Those circumstances, in accordance with the principles hereinbefore stated, justify the United States in asking the Tribunal of ArbitratioM as to tins vessel, to find and certify tliat Great Britain, by the acts or ouiissious hereinbefore recited or reierred to, failed to fultill the duties set forth in the three rules in Article VI of the Treaty of Washington or recognized by the principles of International Law not inconsistent with such rules. Should the Tribunal exercise the i>ower conferred upon it by Article VII of the Treaty, to award a sum in gross to l>e paid to the United States, they will ask that, in considering the amount so to be awarded, the losses of individuals in the destruction of their vessels and cargoes by the Nashville, and also the expenses to which the United States were put in the pursuit of that vessel, may be taken into account. [332] *TnE FLORIDA, AND HER TENDERS, THE CLARENCE, THE TACONY, AND THE ARCHER. The Florida, originally know'u as the Oreto, was an iron-screw gun- boat, of about seven hu^ Jred tons burden, bark-rigged, and Ti.e nomia ..ad had two smoke-stacks and three masts.* The contract for ''«'^ »«■"'«" ' Wells to Sewjird, vol. II, page 540. " Captain Patey to the Secretary of the Admii-alty, Vol. II, pages 543, 544. ^ Uiissell to Adams, Vol. II, page 555. * A'ol. II, i^age 587. M)rd to Allen, Vol. II, p.age590. * Adams to Seward, Vol. U, page 542. " Allen to Seward, Vol. II, page 591. •Dudley to Adams, Vol. II, page 594. 134 INSURGENT CRUISERS. bcr conatrnction was inado with Fawcott, Proston & Co., of Liverpool, by Bnllock, soon after lie cnioe to England in the snininer of ISOl. lie was introduced to them by Prioleau, of the linn of Fraser, Trenholm & Co., in order that he niifjht make the eontraet.' It wa.^ pretended, for form's sake, that she was constnicted for tlie Italian (lovernment; but it was a shallow pretense, and deeeived only those who wished to be deeeived. The Italian ('onsul at Liverpool disclainu'd all knowledjje of lier,* and people at that port who were fa- miliar with Rhiplmildinjj understood from the first that she was b.'iiig built for the Southern insurgents.^ The precise! date of the making of the contract cannot bo given by the United States. The *range of time within which it [333] must have been made can be determined. Bullock lelt England in the autumn of LSOl, at or about the time that the Bermuda sailed with Iluse's first shipment of stores; and returned in March on the Annie Childs, which ran the blockade from Wilmington."' The contract was matle before he left, and the Florida was constructed during his absence. The contract for tiie construction of the hull was sub let by Fawcott, Preston & Co., to Miller & Sons, of Liverpool.^ The payments to jNIiller & Sons were made by Fawcett, Preston & Co.; the payments to Faw(!ett, Preston & Co. Avere made by Fraser, Trenhobn & Co. By the 4th of February the Florida was taking in her coal, and ap- pearances indicated that she would soon leave witliout her armament.* She made her trial trip on the 17tli of February. By the 1st of I\Iareh she had taken in her provisions, "a very large quantity, enough lor a long cruise," and was "getting as many Southern sailors'" as i)ossibk'. She was registered as an English vessel.* Although api)arently ready to sail, she lingered about Liverpool, which gave rise to some siiecnlatioiis in the minds of the i)eople of that town. It *was [334] said that she had "injured herself and was undergoing repairs.'"' The mystery was solved by the arrival, on the 11th of March, in tlio Mersey, of the Annie Childs from Wilmington, bringing as i)assengcrs Ca])tain J'ullock'" and four other insurgent naval oiticers, who came on board of her "some twenty miles down the river Irom Wilmington,"" and who were to take commands on the vessels which were contracted for in Liverpool. As soon as they arrived they went on board the Florida, and were entertained there that evening.'* On the 22d of Marcli the Florida took her final departure from the Mersey,'^ with "a crew of fifty-two men, all British, with the exception of three or four, one of whom only was an American."" She was consigned by Bullock to Heyliger. Another account says that she was consigned to Adderly &Co. ' Prioh'iiu's ovideiice, Vol. VI, page 181. - iJndloy to Seward, Vol. II, page 592. ■'See Mr, Dudley's dispatches of January 24 and 31, and of February 4, 12, 17, 19,21, 22, 20, and 27, and of March 1, 5, 12, 15, 19, and 22, in tlio year 18G2, Vol. VI, page 214, et 8iq. * Dudley to Seward, March 12, 18G2, Vol. VI, page 223. ■• Same to sanie, February 12, 18()2, Vol. VI, page 21.5. 6 Dudley to Seward, Vol. 11, page 592 ; Vol. VI, page 215. ' Same to same, Vol. II, page 590 ; Vol. VI, jiago 220. "Same to same. Vol. II, page ,597 , Vol; VI, page 221. 'Dudley to Seward, March 7, 1802, Vol. VI, page 222. '" Same to same, March 22, 1802, Vol. VI, page S24. " Dudley to Adams, Vol. 11, page COl. '•Vol. II, page GO I. '» Vol. II, page G04. ^* Customa Keport, Vol. II, page 605 ; Vol. VI, page 231. THE FLORIDA AND HER TENDERS. 135 SimiiltaneoiiHly with these proceeditijjs, shipments were being mado at Hartlepool, on the eastern coast of Enfjland, of cannon, ritlea, shot, shells, &('., inten^UMl for the Florida. They were sent from Liverpool to UurtU'iMH)! by mil, and there [mt on board the steamer Bahama for Nassau. It was a matter of public notoriety that this was *goins on.' All the facts about the Florida, and ai)out the hostile expedition it was proposed to make against the United States, were open and notorious at IJverpool. JMr. Dudley's correspondence, aheatly cited, was full of it. The means of intelli;;ence were as accessible to British puthorities as to the consular otiicers of the United States. Neverthe- less, it was esteemed to be the duty of the officers of the United States to lay what had come to their knowledge before IJer ^la.jesty's Govern- nient. Mr. Dudley, the Consul at Liverpool, wrote to JMr. Adams that he had information from many different sources as to the Oreto, "all of which goes to show that she is intende«l for the Southern Confederacy."* Mr. Adams transmitted the intelligence to Earl liussell, and said that he "entertained little doubt that the intention was precisely that indi- cated in the lett^'r of the Consul, the carrying on war against the United States." * * * lie added, "Should further evidence! to su.s- tain the allegations respecting the Oreto be held ne(;essary to effect the object of securing the kiterposition of Her Majesty's Government, I will njake an effort to procure it in a more formal manner."^ |33C] The United States ask the Tribunal to observe *that, notwith- standing this offer, no olijection icas taken as to the form of the information submitted by Mr. Adams, nor ivas he aslccd by Earl KhsscU for further partieulars. Lord liussell, however, in reply, transmitted to Mr. Adams a report of the British Commssioners of Customs, in which twas stated that the Oreto was a vessel of war, "pierced for four guns;" that she was "built by Miller & Sons for Fawcett, Preston & Co.," and was "intended for the use of Messrs. Thomas Brothers, of Palermo;" that she "had been handed over to ^Messrs. Fawcett & Preston : that Miller & Son stated their belief that the destination was Palermo;" and that "the examiners had every reason to believe tiiat the vessel was destined for the Italian Government."* Further rei)re- sentations being made by Mr. Adams, the same officers subsequently reported that, having received directions " to inquire into the further allegations made in I'egard to the Oreto," they found "that the vessel in question was registered on the 3d of March in the name of John Henry Thonuis, of Liverpool, as sole owner ; that she cleared on the following day for Palermo and Jamau-a, in ballasf, but did not sail until the 22d, * * * having a crew of fflty-two men, all Britiili, [337] with the exception of *three or four, one of whom only was an American."^ The Tribunal of Arbitration will observe that even from the r^norts of these British otiicers it is established that the Florida was < v;'ssel of war, "pierced for four guns;" and also that notwithstanding their .alleged belief that she was intended for the King of Italy, she was allowed to clear for Jamaica in ballast. Attention is also invited to the easy credulity of these officials, who, to the first charges of Mr. Adams, re- plied by putting forward the "belief" of the builders as to the destination * Seo Mr. Diidlny'a 'J4 ; Vol. VI, page 216. * Adams to Russell, Vol. II, page 593 ; Vol. VI, page 216. * Vol. II, pages 595, 96 ; Vol. VI, page 218. * Vol. II, page 605 ; Vol. VI, page 231. ' i:!' 136 INSURGENT CRUISERS. of tUo vessel, and who met bis subsequent conipluints by estractinp^ from the custouj house records the lulso clearance which liullock, and Frazer, Trenholui & Co., had caused to be entered there, buch an exaniinatiou and such a report can scarcely be regarded as the exercise of the ' duo diligence" called for by the rules of the Treaty of "Washington. The Florida arrived at Nassau on the 28th of April, and was taken in charge by lleyliger, who was then a well-known and reiognized insur- gent agent. The Bahama arrived a few days later at the same port by preconcerted arrangement. The two branches of the hostile expe- dition, which had left Great Britain in detachments, were thus ♦united in British waters. They were united in their conception [338] in the contracts with Fawcett, Preston & Co. They were tempo- rarily 8ei)arated by the shipment of a portion of the ammunition and stores by rail to Hartlepool, and thence by the Bahama. They were now again united, and the vessels went together to Cochrane's Anchorage, a place about nine miles from the harbor of Nassau, not included in the port limits. While there Captain Hickley, of Her Majesty's ship Greyhound, thought it his duty to make a careful examination of the vessel, juid he reported her condition to the Governor. In a remarkable certillcate, signed by himself, and by the oflicers of the Greyhound, dated June 13, 18G2, it is stated that ho " asked the Captain of the Oreto whether the Oreto had left Liverpool in all respects as she was then ; his answer was yes; in all respects."^ As, therefore, no changes had been made in her after leaving Liverpool, Captain Ilickley's report may be taken to be the oflicial evidence of a British exi)ert as to her character, at the time of Mr. Adams's complaints, and of the customs examinations, lie says, " I then proceeded to examine the vessel, and found hei" in every respect fitted as a war vessel, precisely the same as vessels of a similar class in Iler Majesty's Navy. She *has a magazine and light- [3*^ rooms forward, handing-rooms and handing-scuttles for powder as in war vessels; shell-rooms aft, fitted as in men-of-war; a regular lo\»^. deck with hauiuiockhooks, mess-shelves, &c., &c., as in our own war vessels, her cabin accommodations and fittings generally being those as fitted in vessels of her own class in the Navy. * ' * • iShe is a vessel capable of carrying guns ; she could carry four broadside-guns forward, four broadside-guns aft, and two pivot-guns amidships, ller ports are fitted to ship and unship ; port-bars cut through on the upper part to unship also. The construction of her ports, 1 consider, are pecidiar to vessels of war. I saw shot-boxes all round her upper deck, calculated to receive Armstrong shot, or shot similar. She had breeching bolts and shackles, and side-tackle bolts. Magazine, shell-rooms, and light- rooms are entirely at variance with the fittings of a merchant-ship. She had no accommodation whatever for the stowage of cargo ; only stow- age for i)rovisions and stores. She was in all respects fitted as a vessel of war of her class in Her Majesty's Navy. • * * The Oreto^ as she now standSj could, i'i my professional opinion, tcith her crew, guns, arms, and ammunition, going out icith another vessel alongside of her, he equipped in twenty four hours for hattleJ^^ ♦The judge before whom the case was tried, commenting on this [340] evidence, said : " Captain Ilickley's evidence as to the construc- tion and fittings of the vessel I should consider conclusive even had there been no other ; hut that construction and those fittings were made, not liere, htit in England,^^ ' > Vol. VI, page 24G. « Vol. VI, pages 264 and 266. ' VoL V, page 513. i' \ THE FLORIDA AND HER TENDERS. 137 ) was, therefore, tlie comlition of tlio Florida when she left Liver- pool. That she was then " iiiteixkil to cruise and carry on war" against tbo United States there can be no n'asonable doubt; that she was "fitted out" and "equipped" within the jurisdiction of Gri'at Ihitaiu, with all the llttinjjfs and equipments necessary to enable her to carry on Buch war, ii« ecjually clear from Captain Ilickley's professional statement. "Aruihig" alone was necessary to make her ready for battle. ]>y the rules of the Treaty of Washington either the "tittin;j: out" or tho "equipi)iujj" constitute an olfense without the "aruiinj;.*' That Cireat Britain had reasonable grouml to belicne that the fittin;j: out and tho equipping had been done within its jurisdiction, with intent that sho should carry on such a war, the United States claim to have substan- tiated. That she had been specially adapted within British jurisdiction, to wit, at Liverpool, to warlike use, will scaniely be (pu'stioned [341] after tho positive testimony of Captain llickley. That h^r ♦de- parture from the jurisdiction of (Jreat Britain might have been prevented after the information furnished by Mr. Adams would seem to be beyond doubt. And that a neglect to ju-event such departure was a tailure to use the "due diligence" called for by the second clause! of tho first rule of tho Treaty obviously follows the last conclusion. If these several statements are mcU founded. Great Britain, by i)ermitting tho coustructiou of the Florida, at Liverpool, under the circumstances, and by consenting to her departure from that port, violated its duty as a oeutral Government toward the United States. Tho United States Consul, soon after the arrival of the Oreto at ^Nas- sau, called the attention of the Governor to her well known (character.' riie Governor declined to interfere, and Avith an easy credulity accepted the statements of the insurgent agents that tlie vessel was not and would not be armed,^ and he made no further inquiries. Slie was then pormitted to remain at Cochrane's Anchorage. A second request to in- quire into her character was made on the 4tli of June, and refused.' On thoTth of June both the Oreto and the Bahama were arrested [312j and brought up from *Cochrane's Anchorage into the harbor of Nassau. On the Sth the mail steamer Melita arrived from Eng- land, with Captain BaphaelSemmes and hisofUcers from the Sumter as passengers. They " became lions at once."^ The Oreto was immedi- ately released. The Consul reported this fact to his Government, aud said that " tho character of the vessel had become the theme of general conversation aud remark among all classes of the citizens of Nassau tor weeks."' On the same day Captain llickley, whose professional eye liiul detected tho purpose of the vessel from the beginning, signed with his officers tho certificate quoted above. The Consul, finding that reenwed representations to the Governor* were met by an answer that tho agents of the Oreto assured him of their intention to clear in ballast for Ilavana, aud that he had given his assent to it," applied to Captain Uickley, of the Greyhound, and laid before him the evidence which had already been laid before the civil authorities. He answered by sending a tile of marines oii board the Oreto and. taking her into custody.^ ' Consul Whiriug to Governor Bayloy, Mav 9, 1802, Vol. VI, page 235. « Nesbitt to Whiting, May 13, Iniii, Vol. VI, page 236. 3 Vol. VI, pages 2:{tf,239. * Whiting to Seward, June 19, 1862, Vol. VI, page 241. 'Whiting to Seward, June 13, 1H()2, Vol. VI, page 242. • Whiting to Davley, June 12, 18C2, Vol. VI, page 243. '' Nesbitt to Whiting, June 13, 18«2, Vol. VI, page 244. « Whiting to Seward, June 18, 1862, Vol. VI, page 200. 138 INSURGENT CRUISERS. ir Tlio civil autljorities at Nassau were all actively *fneniliip-lmildin;; linn, as tbo Alabama bad boon ordered by biin from an otbor ; and Cai)(ain Malliti, tlio ollicer a[»i>oiiitod to eoiumaud Lor, wan all this wbili' at Nassau, waiting tho.resulfc of tbo trial. — licrnard'a Neutrality of Great JJrUain, pago ool. ' Soo Evans and Cbapniun's vouchers, Nassau, .Inly 28, Vol. VI, page 330. •See Consul Kirkpatrick's dispatch to Mr. Suward, July 7, ItfCy, as to the stamliug of those men. Vol. VI, pugo 387. •Vol. V,pugoul7. THE FLORIDA AND HER TENDERS. 139 I'ti'd oukl I'lltS, lit was [3-15] „o-r,.. iirris," exam- t»> tlic im Ity Sei: Govorii- TOIIl ill! is wliili' tin, liaS" tauiliug Fraser, Treiiliolm & Co., and was to clear for St. Jolm's, New Bruns- wick. It might have been supposed that counsel desirous of ascertain" iD{? the truth would have followed up these dews, and would have shown from this witness the origin and the real purposes of the vessel ; but that was not done. Thedirect examination of Captain Tlickloy, of the Greyhound, disclosed that officer's opinion of the character and destination of the Oreto. His cross-examination was conducted by a gentleinan who was repre- sented to be the Solicitor General of the Colony, but who, in this case, appeared against the Crown. The testimony of sailors was also [340] received to show that the vessel carried Con* federate flags, and thatSemmes and the other insurgent ofiicers were in the habit of visiting iier. The judge, in deciding the case, disregarded the imsitive proof of the charncter, intent, and ownership of the vessel. He said tiiat lie did not believe the evidence as to the insurgent Hags, coming from common sailors, and he added, " Had there been a Confederate lliig on board the Oreto, I should not consider it as very powerful evidence." The over- whorming testimony of Captain Hickley and bis otlicers was summarily disposed of. To this he said, " 1 have no right wliatever to take it into consideration; the case depends ui)on what has been done since the vessel came within this jurisdiction." While thus ruling out either as false or as irrelevant evidence aga nst the vessel which events proved to he true and relevant, he gave the willing ear n' credence to the mis- statements of the ^H rsons connected with the Oreto. He could see no evidence of illegal intent in the acts of those who had charge of the Oreto. It is no wonder that the trial en(h>d on the L*d of August with a judgment that, " Under all these circumstances I do not feel that I sliould be justitied in condemning the Oreto. She will therefore be restored." * The United St ites call the attention of the Arbitrators to the [347j important fact tliat the princi*pal ground on which this vessel was released, namely, the irrelevancy of the evidence of Captain Hickley and li is associates, was believed by Her Majesty's Government not to be in accordance with liritish law. When the news of the seizure of the Oreto arrived at London, Earl Russell directed incpiiiies to be made, '' in order that a competent officer should be sent to Nassau in order to give evidence as to what occurred at Liver[)ool in the case of that vessel."* Her Majesty's Government evidently considered that it would be relevant an 1 proper to show the condition of the v«'ssel when she left Liverpool; and should it appear, as it did ai)pear in Captain Hickle.v's testimony, thatnt the time of her leaving she was litted out as a nian-of-war, witli intent to cruise against the United States, then it would be entirely within the scope of the powers of the court in Nassau to condemn her for a violatit)n of the Foreign Eidistment Act Oi 1819. Had the trial not been hurried on, such i)robably would have ueen the instructions from London. Both before analpable fraud. On the 9th the schooner Prince Alfred went to the wharf of Adderley & ('o., the Nas- sau correspondents of Fraser, Trenhobn & Co., and there took on board eifjht cannon and a cargo of shot, sheds, and provisions, and then went ' Vol. V, payo 521 ; Vol. VI, itaKo '^9^>. 'Solomon's dopoailiuu, Vol. VI, page 310. aVol. II, iiugcsdlO, Oil. 140 ISSUBGENT CRUISERS. ^■•r ! 'i over the bar and laid her course for Green Cay, one of the British Ba- hama Islands, about sixty miles distant from Nassau. The Oreto, hav- ing been thoroughly supplied with coal while at the island of Kew Providence, laj' outside with a hawser attached to one of Her Majesty's ships of war. Wheu the Prince Alfred appeared she cast off the haw- ser and followed and overtook the Prince Alfred, and gave her a tow. It was a bright moonlight night, witli a smooth sea, and the voyage was soon nmde. The arms and ammunition, and so much of the supplies as she had room for, were then travisferred to the Oreto; the rest were taken back to Nassau, where the Prince Alfred went unmolested for her vio- lation of the law. The two vessels i)arted company, and the Oreto, now called the Florida, made for the coast of Cuba. The United States ask the Tribunal of Arbitration to find that in these proceedings which took place at Nassau and in the Bahamas, Great Britain was once more guilty of a violation of its duty, as a neu- tral, toward the United States, in regard to this vessel. *The Oreto had been, within the jurisdiction of Great Britain [319] at Liverpool, specially adapted to warlike use, with intent that she should cruise or carry on war against the United States. She had come again at Nassau within tlic jurisdiction of Her Majesty, and no steps were taken to prevent her departure from that jurisdiction. This alone was a violation of the duties prescribed by the second clause oi the first rule of the Treaty; but it was not the only failure of Her M.njesty's officials to perform their duties at that time as the represent- ative of a neutral Government. The Oreto was armed within British jurisdiction ; namely, at Green Ca.y. The arrangements for arming, however, were made in the harbor ot Nassau ; and the two vessels left that port almost simultaneously, and proceeded to Green Cay together. The puri)ose for which they went was notorious in Nassau. This was so palpable an evasion that the act should be assumed as having taken place in the harbor of Nassau. In either event, however, the act was committed within British jurisdic- tion, and was therefore a violation of the first clause of the first rule of the Treaty. In like manner, the same acts, and the enlistment of men at New Providence, were violatiiins of the second ride of the Treaty. There was no diligence used to prevent any of these illegal acts. •From Green Cay the Florida went to Cardenas, in the island of Cuba, and attempted to ship a crew there. "The matter was brought to the notice of the Government, who sent an official to Lieu- tenant Stribling, commanding during Lieutenant Commanding J. N. Maffitt's illness, with a copy of the [Spanish] Queen's Proclanmtion, and notification to him that the Florida had become liable to seizure."' This efficient conduct of the Spanisli authorities made the officers of the Florida feel at once that they were no longer in British waters. She left Cuba, and on the 4th of Sieptember she ran through the blockading squadron of Mobile, pretending to be a British man-of-war, and flyiug British colors. During the night of the IGth of January, 18G3, the Florida left Mobile. On the morning of the 20i;li of the same month she re-entered the harbor of Nassjiu. Between Mobile and Nassau she had destroyed three small vessels, the Corris Ann, the Estelle, and the Windward. At Nassau she was received witli more than honor. She '* entered the port without any restrictions,'^ and " the offi<,'er8 landed in the garrison boat, escorted ' Copy of voucher orMauiiel Corany, Vol. VI, pane 331. • Wbitiug to Seward, Juuuary 20, 18(i3, Vol. Vl, page 333. [350] bvthe , ' R [351] ra h( for thirt to last 1 sion of t The at excess o tions iss " Thes erent, w hours all provisioi In either ration of w [352] t so was she special p These were not the treat The FI 18C2, an( mington, THE FLORIDA AND HER TENDERS. 141 bv the post arljutant, Lieutenant Williams, of the Second West India Regiment."* The Governor made a feint of finding fault with the 1351] mode in which she had entered, but *euded by giving her all the hospitality which her commander desired. She was at Nassau for thirty-six hours,* and while there she took in coal and jirovisions to last lor three months.^ This coal was taken on board by " permis- sion of the authorities."* The attention of the Tribunal of Arbitration is also invited to the excess of those and all similar hospitalities, as violations of the instruc- tions issued on the Slst of January, 18C2.' "These orders required every ship of war or privateer of either bellig- erent, which should enter British waters, to depart within tw?nty-four hours afterward, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs. In either of these cases she was to i»ut to sea as soon alter the expi- ration of the twenty-four hours as possible, taking in no supplies beyond what might be necessary for immediate use, and no more coal [352] than would carry her to the nearest port of *her own country, or some nearer destination, nor alter coaling once in British waters was she to be suffered to coal again within three months, unless by special permission."^ These rules were rigidly enforced against the United States. They were not only relaxed, but they were oftentimes utterly disregarded in the treatment of the iusurjient vessels. The Florida when at Nassau, in the months of May, June, and July, 18G2, and again in the month of January, 1S63, was distant from Wil- mington, Charleston, or Savannah, only two, or at most three, days' steaming. She ordinarily sailed under canvas. Even when using steam iu the pursuit and capture of vessels her consumption of coal, as shown by her log-book, did not average four tons a day. Thirty tons, (more than the amount taken by the United States Steamer Dacotah Sei)tera- ber, 18G2,) was all that she should have been allowed to tJike on board under the instructions, even had she been an honest vessel, and one that Great Britain was not bound to arrest and detain. Yet in July, 1862, she received all tlie coal she wanted, and in Jauu: 1803, she took on board a three months' supply. The Tribunal also will note that in January, 1863, the entry [353] into the harbor, though made *without permission, was condoii' ' that the visit hasted thirty-six hours instead of twenty-four; and that the "supplies" exceeded largely what was immediately necessary lor the subsistence of the crew. The excessive hospitality was in striking contrast with the receptions given to vessels of the United States at that port. It has already been shown that in December, 1801, the United States had been forbidden to land coals at Nassau or Bermuda, except on condition that it should not he used for their vessels of war. It has also been shown that in ' Whiting to Seward, 26th January, 1863, Vol. III. page 333. Whiting to Sewlkrd, January 27, ld63, Vol. VI, icige 333. ' Journal quoted ante, page — . See also Vol. II, page 617. See als'^ Vol. VI, page •Whiting to Sewlkrd, January 27, ld63. Vol. VI, page 333. ' Journal quoted ante, page — . See also Vol. II, page 6] 335, the deposition of John Demcrith, who says, " Wo filled her bunkers with coal,' and t laced some on deck, and in every place that could hold it. I suppose that she had on oard over one hundred and eighty tons that wo put there. She did not have lem than that quantity. The coal was taken from the wharves and from vessels iu the harbor. The money for coaling her was paid from Mr. Henry Adderley's store." « Whiting to Wells, Vol. II, page 616. Vol. IV, page 175. 'Bernard's Neutrality of Qreal Britain, pages 965 and 266. 142 INSUKGENT CRUISERS. V.I" September, 18C2, tbe UiiHetl States war-steamer Dacotali was forbidden to take more tbaii twenty tons of coal, and tbat only upon condition tbat for ten days sbe would not re-appear in Britisb waters. Ou the 20tb of tlie previous November tbe commander of tbe Wacbusett was informed tbat be could not be allowed even to ancbor, or to come within three miles of tbe shore, witbout permission of tbe Gov^ernor. In fact, tUe indignities to wbicli tbe vessels of tbe United States were subjected were so great tbat ibe Jtear- Admiral in command of tbe tleet, on tho 2d of January, 18G3, wrote to the Secretary of tbe Navy, '' 1 have not entered any IJritisb port except Bermuda, nor do I intend to enter, or permit any of tbe vessels of the squadron to ask permission to •enter, or subject myself and those under my command to the [354] discourtesies those who bad entered beretofore bad received."* Tbe United States insist that tbese excessive 'ospitalities to the Florida and tbese discourtesies to tlie vessels of war of tbe United States constituted a further violation of the duties of Great Britain as a neutral. By fuiiiisbing a full supi)ly of coal to tbe Florida, alter a similar bosi)itabty had been refused to the vessels of tbe United States, tbe Britisb otiicials permitted Nassau to be made a base of hostile oi)er- atious against the United States; and for this, fis well as for other vio- lations of duty as to that vessel, which have been already noticed, Great Britain became liable to tbe United States for tbe injuries resulting from her acts. Tbe Florida left tbe port of Nassau on tbe afternoon of tbe 27tb of January, 18G3. By tbe middle of tbe Ibllowing montb her coal was get- ting low. On the 2Gtb day of February Admiral Wilkes, in coiiunaud of tbe United States Squadron in tbe West Indies, wrote to his Gov- ernment thus: '' Tbe fact of tbe Florida having but a few days' coal makes me anxious to have our vessels off tbe Martinique, wbicli is the only island at wbicb they can hope to got any coal supplies, tbe Englisb islands being *cut oil" under the rules of ber Majesty's [3.55] Government for some sixty days yet, wbicb precludes tbe possi- bility, unless by chicanery or fraud, of the hope of any coal or com- fort tbere.'^^ Admiral Wilkes's hopes were destined to disappointment. On tbe 24tb of February, two days before tbe date of bis disjiatch, tlie Florida bad been in tbe harbor of Barbadoes, and bad taken on board about one hundred tons^ of coiil in violation of tbe instructions of Jan- uary 31, 1802. Hear- Admiral Wilkes, bearing of tbis new breacb of neutrality, visited Barbadoes ten days later to inquire into tbe circumstance. He ad- dressed a letter to tbe Governor, in which be said, " I bave to request your Excellency will attbrd me tbe oi»portunity of laying before my Government the circumstances under which the Florida was permitted to take in a supply of coal and provisions to < outinue ber cruise and operations, alter having so recently coaled and juovisioned at Nassan, one of Her Majesty's colonies iu tbe West Indies, anq)le time having been afforded, some thirty days, for the information to bave reached tbis island and Government ; and if any cause existed w'.iy an investi- gation was not instituted after the letter to your Exc.riency was received from *the United States Consul." * The Governor evaded [35G] tbe question. Ue "tloubtcd very much wbether it would be de- sirable to enter into correspondence upon tbe points adverted to," and ' Il(>ar-Aermission to repair. The *Governor directed [360] an examination to be made by experts, who reported :* " 1. She can proceed to sea with such repairs as can be made good here, which, as far as we can judge, will require five days for one man, viz, a diver for two days and a fitter for three days ; or three complete days in all. 2. She can proceed to sea with safety in her present state under steam, but under sail is unmanageable with her screw up in bad weather, and her defects aloft (cross-trees) render maintop-mast unsafe. This could be made good in two days." On this report, the Florida received per mission to remain there live days ; she actually remained nine days While there she took on board one hundred and thirty-five tons of coal, half a ton of beef, half a ton of vegetables, a large supply of bread, provisions, and medicines, a large supply of clothing and other stores, and twenty days of carpenter's work were done upon the vessel.' Morris, the new commander, then drew lipon Bullock, in Liverpool, in order to pay these bills, and provide himself with means for a cruise ; and on the 27th of June, 1864, the Florida, being thus completely fitted out, left the port of Bermuda, and cruised off the harbor, boarding all vessels approaching the island.* •The breach of neutrality and violation of the instructions [361| issued for the observance of British officials involved in these transactions were brought to Earl Eussell's notice by Mr. Adams.' Earl Russell replied that " although some disposition was manifested by the commander of the Florida to evade the stringency of Her Majesty's regulations, the most commendable diligence and strictness in enforcing those regulations was observed on the part of the authorities, and no • Consul's report to Mr. Seward. ■ Vol. II, page G39 ; Vol. VI, page 349. ' Anto, page — . • Dudley to Seward, January 21, 1864. Eraser, Trenholm & Co. to Barney, Septem- ber 22, 1863, Vol. VI, page 352. •Morse to So ward, January 8, 1864, Vol. VI, page 353. •Vol. VI, page 357. T See the vouchers for their payments, VoL VI, page 358, tt leq, •Welles to Seward, Vol. II, page 652. • Adams to Russell, Vol. II, page 651. THE F70RIDA AND HER TENDERS. 145 snbstantiiil doviution. citl)or from the lettor or from the spirit of those reqiilatioiis, was i)eriniltt'(l to or did take place."' With the evidence now submitted to tln^ Tribunal, which are the oriiriiial vouchers for the ])urchases made'at l»erniudn by tlie Florida, it is evident that Earl Hussell inus;t have been misinformed when lie stated that there had b( en no deviation from the re/^ulations. The live .(lays' stay which was fjranted was extended to nine. Twenty days' '(•ari)cnter-w(n'k were done instead of five; supplies for a cruise were taken instead of supplies for immediate use; <'Iolhinfr, rum, medicines, . and general supplies were taken, iis well as sui)i)lies for the subsistence [30: of the crew; one hundred and thirty-five tons of coal were ♦taken instead of twenty. In all this the United States lind fresh ami cumulative cause of complaint on account of this vessel. Tliey also call the ])articulnr .attention of the Tribunal to the fact that at that time there was no necessity of luakinj^ any repairs to the Florid;.. Tbcexperts employed by theGovernor to make the examination reportcn!, ^^She can proceed to sea icifh mfetij in her present stute under steam. ''^ Tlie repairs, therefore, were only necessary to enable liev to use her sails, baukingher lires,' and laying to for the pur]M)se of watching and destroy- ing- the commerce of the United States. Permitting any repairs to be made at that time was another violation of the duties of 'Grreat Britain as a neutral toward the United States. The Florida left IJermuda on the 27th of June, 18(54. On the 1st of July she destroyed the Ilarriet Stevens ; the Golconda on the '^'^h ; the Margaret Y. Davis on the 0th ; the Electinc Spark on the 10th ; and the Moiidamin on the 20th of September, all being vessels belonging to the commercial marine of the United States. On the Tth of October, 180 1, her career as an insurgent cruiser terminated at Bahia. During her cruise, three tenders were lifted out and manned [3G3] from her oflieers and criiw. The *Clareii('e was cai)tured by her off the coast of Brazil on the 0th of May, 1S03. She was then fitted out with guns, ollicers, and men, iUid during the first part of the month of June, 1803, captured and destroyed the Tlate Stewart, the MaryAlvina, the Mary Schindler, and the Whistling Wind. On the 10th of that month she captured the Tacony. The .Clarence was then destroyed, and the Taco ^y was converted into a tender, and, in the Siune month, destroyed the Ada, the Byzantian, the Elizabeth Ann, the Goodspeed- the L. A. Macomber, the Marengo, the Uipple, the liufus Clioate, and the Umpire.-' On tlie 2.")tli she <;aptured the .^vcher. The crew and armament were transferred to that vessel, and the Tacony burned. On the 27th tlie United States revenue-cutter Caleb Cashing was destroyed by the Archer. The amount of the injury which the United States and its citizens sulfored from the acts of this vessel and of its tenders will be hereafter stated. The United States Avitli confidence assert that they have demonstrated that Great Britain, by reason of the general principles iihove stated, and In consecpience of the particular acts or omissions liereinhefore recited, failed to fullill all of the duties set forth in the three rules of the sixth article of tlie Treaty, or recognized l)y the [3G1J *principles of International Law not inconsistent with such rules, and they ask the Tribunal to certify that fact as to the Florida and as to its tenders. Should the Tribunal exercise the power con- ferred upon it by Article VI I of the Treaty to award a sum in gross to ' Rnssi'H to Adams, Vol. II, page 653. 'i Maftitt to Barni'v, Vol. VI, pages 351, 352. 3 Vol. VI, page 370, S. Ex. 31 10 - V • L:- f 146 INSURGENT CRUISERS. be paid to the United States, tliey ask that in considering tlio amount so to be awarded, the losses of individuals in the destruction of thoir vessels and cargoes, by the Florida, or by its tenders, and also the expenses to which the United States were put in the pursuit of either of those vessels, may be taken into account. THE ALABAMA, AND HER TENDER, THE TUSCALOOSA. The Alabama, a vessel which lias given the generic n.amo to the claims before this Tribunal, is thus described by Semmea, her corn- to! ui.dc?,\To"'Tu"- mander: "She was of about 900 tons burden, 230 feet in length, 32 feet in bretidth, 20 feet in depth, and drew, when provisioned and coaled for cruise, 15 feet of water. She was barkentine- rigged, with long lower masts, which enabled her to carry large fore and aft sails, as jibs and try-sails. The scantling of the vessel was li<^ht compared with vessels of her class in the Federal Navy, but this was scarcely a disadvantage, as she was designed *as a scourge [;}(Jo] of the enemy's commerce rather than for battle. Her engine was of 300 horse-power, and she had attached an apparatus for condensing from the vapor of sea-water all the fresh water that her crew nii<,'ht require. * * * Her armament consisted of eight guns; six o2- pounders in broadside, and two pivot-guns amid-ship, one on the foro- castle, and the other abaft the mainmast, the former a 100-pouiuler rifled Blakeley, and the latter a smooth-bore S-inch."* The Alabama was built and, from the outset, was " intended for a Confederate vessel of war.''^ The contract for her construction was " signed by Captain Bullock on the one part and Messrs. Laird on the other." The date of the signature cannot be given exactly. The draw- ings were signed October 0, 18G1, and it is supposed that the contract was signed at or about the same time. " The ship cost in United States money about $255,000." The payments were made by the agents of the insurgents. Bullock " went almost daily on board the gun-boat, and seemed to be recognized in authority ;" in fact, " he superintended the building of the Alabama."^ On the 15th of May she was launched under the *name of the 290.* Her officers were in England awaiting her completion, and were paid their salaries " monthly, about the first of the month, at Fra- ser, Trenholju & Co.'s office in Liverpool.'"' The purpose for wliich this vessel was being constructed was noto- rious in Liverpool. Before she was launched she became an object of suspicion with the Consul of the United States at that port, and she was the subject of constant correspondence on his part with his Gov- ernment and with Mr. Adams." The failure of Mr. Adams to secure in the previous March the inter- ference of Her Majesty's Government to prevent the departure of the Florida, appears to have induced him to think that it would be neces- sary to obtain strictly technical proof of a violation of the municipal law of England before he could hope to secure the detention of the then ' Semiucs's Adventures Afloat, pages 402, 403. • Journal of au oflicer of tho Alabama. See Vol. IV, page 181. 'Dudley to Edwards, Vol. Ill, page 17 ; Vol. VI, page 383. • Dudley to Seward, Vol. Ill, page 1 ; Vol. VI. page 371. • Vol. Ill, page 146 ; Vol. VI, page 435. ■£ee Vol. ill, jpawini. THE ALABAMA AND HER TENDER. 147 nameless Alabama. That lio had Rood reason to think so ia not open to reasonable donbt. On the 2',U\ of .Mine he thon}>ht he had such i)n)ot'. He wrote to Earl KnsscjU that day/ rec^alliiijj: to his recollection the fact that notwithstanding the favorable reports fnnn the Liverpool cnstonis in regard to the Florida, there was the strongest reason for [3G7] *believing that she had gone to Nassau, and was there " engaged in completing her armament, ]novisiT()J not disheartened, lie caused a co]»y of his letter to be laid be- fore li. r. Collier, Esq., one of the most eminent barristers of England, Avho, a few months later, became Solicitor General of the Crown, uutUi Lord I'abnerston's administration, and who is now understood to be the princi))al law adviser of the Crown. Mr. Collier advised that " the principal officer of the customs at Liv erpool * * be ai>plied to to seize the vessel, with a view to liin condemnation," and, "at the same time, to lay a statement of the fact before the Secretary of State for Foreign Affairs, coupled with the re quest that Her Majesty's Government would direct the vessel to be seized, or ratify the seizure if it has been nnule."-' It was useless to attempt to induce the collector to seize the vessel. Mr. Dudley thereuiiou set about to get tlui direct proof required by the authorities as to the character of the Alabanui or 290. "There wore men enough," he said, " who knew about her, and who understood hei <;hara(!ter, but they were not willing to testify, and, in a prelimiuarv proceediug like this, it was im])ossible to obtain process to compel them. Indeed, no one in a hostile comnumity like Liverpool, '* where the feeling and sentiment are against us, would be a will- [371] ing witness, especially if he resided there, and was any way de- pendent upon the people of that place for a li vel ihood."* At last Mr. Dud ley succeeded in liuding the desired proof. On the 21st day of July, he laid it in the form of affidavits before the Collector at Liverpool in compli- ance with the intimations which Mr. Adams had received from Earl Kus sell.'' These alhdavits were on the same day transmitted by the Collcctoi to the Board of Customs at London, with a repears dillicnlt to make^ont ii stioiiucr ease of inl'rinju'ement of tlu^ l'"'orei.nn ICidistment Act, which, if not ('iifor(!ed on this occasion, is little better than a dead letter. It well (Icscrvos (H)nsideration whether, if the vessel be alh>w«'d to escajie, the IVdcral (Jovernment would not have serious j^ronndsof remonstrance."' The lilH) was at this tinu; nearly ready for sea, and time was important. Mr. Dudley, thronj^h his c(uinsel, in order that no time nii.nht be lost, oil the same day laid Mr. CoLier's w\v opinion before the Under ISecre- tiuy of State for Forei,i;'n Alfairs an«l. before the Secretary of the Hoiird of Customs. The Umler Secretary " was not disposed to discuss the matter, niU' did he read ^Ir. Collier's opinion.'"^^ Tin' Setiretary j,)!;!] of the iJoardof *Cnstoms said that the Hoard could uut act with- out onlers from the Treasury Lords.^ The last of these answers \v;is not connnunicattHl until the liiStli of July. Tlie additional ])roof and the new opinion of Mr. Collier were also (illicially comnuniieated to Her Majesty's Government throuj;li the reg- ular di|>lomatic channels. On the L'L'd of July co[>ies of the depositions of Dudley, ^Nlaguire, J)aCosta,Wildin<>', and Dassmore were sent to Lord liusst'll by Mr. Adams ;' and on the 2-ith of July co[)ies of the ritain re.uarded as suflicient to require the detention of tl'e L".)(>, was comnmnicated to Her Majesty's (Jovernment in three ways: first, on the lilst of July, [.'i74] throu««h the channel at Liverpool, *wliich had been indicated l)y Earl Kussell ; second, on the 2lid by the solicitor of J\Ir. Dudley in person to the Customs and to the Under ScH-retary of State for l'\>r- ci.iiu Alfairs at the Foreijxn Ollice; ami thirdly, on the L'.'Jd and on the 'lUh by Mr. Adams olUcially. It also ai)pears that the information (.ommunicated on the 21st was transmitted to London l)y the Colhn'tor, with the statement that the vessel mi<;ht sail at any hour, and that it was important to give the instruetions for detention by telegraph ; and it still further ai)peiirs that notwithstanding this ollicial information from the Collector, the papers were not considered by the law advisers until tUe 28th, and that tho case aj)peared to them to be so clear that they gave their advice upon it that evening. Under these circumstances, the delay of eight days after the 21st in the order for the detention of tlie vessel was, in tho opinion of the United States, gross negligence on the part of Her Majesty's Government. On tho 29th the Secretary of the Commission of the Customs received a telegram from Liverpool ' Vol. Ill, page 29 ; Vol. IV, piifio 398. 'Squaiy to Adams, Vol. Ill, i)aj;o 29 ; Vol. VI. page 397. n'ol. Ill, page 31 ; Vol. VI, page 400. ^Vol. Ill, pago 21 ; Vol. VI, page 397. 'A speech delivered in the House of Commons on Friday, August 4, 1871, by Sir Eouiulcll Palmer, M. P. for ELclmiond, pago 16. 150 INSURGENT CRUISERS. i : sayiiif? that " tlio vessel 200 caiiio out of iloclf last nif^lit, and loft Hk. port this inoniin^jr."' ]\li'. Adams was justly iiidijLfiiaiit at the failiuc of tlic customs authorities to redeem their voluntary juomisc^ to Mjitcli the Aessel.* *()n the ;nst of July INFr. Adams had a "conference with Lord \:r,'t] liussell at the Forei};!! Oilice," at which "his L(»rdship first took \\\} the case of the liO(^, and remarkessel was {ione. ]/<' shniiltl, hoiccirr, noid direct hms to have hr tifoppcd if she went, as was i)robable, to Nassau."-' The jud/irment of IJer j\Iajesty's Government u]>on the character of the Alabama iiiid uiion the tning this time the tug Ilerculcs, which had returned from the hell- buoy with the Lairds and the ladies, took on board at Liverpool a num- ber of new hands for the 290. One account says there were as many as forty." The master of the Hercules admits that there might have been thirty." This was done publicly — so publicly that the United States Consul knew of it, and notified the Collector. The Collector had his orders to seize the 2!)0, and had only to follow the Ilei-cules to ^et the inibrmation which would enable him to obey those orders. Uc did cause the llercuhs to be examined. The Surveyor v>ho did that w ork *reported to him that there were a number of persons on [;)771 board, who admitted " that they w^ere a i)ortion of the crew, and were going to join the gun-boat,"^ and yet he neither stopped the Ilei- cules, nor followed it. In an emergency when, if ever, the telegraph ought to have been employed, he wrote a letter by mail to the Coimnis- sioners of Customs at London," which could not be received until the following day. When this letter was received the Commissioners took no notice of the admitted recruitment of men, but ordered inquiries to 1 Vol. Ill, paffo 3C). s Adams to Kiissoll, Vol. Ill, page 536. 3 Vol. Ill, pages 35.36; Vol. VI, pago 414. *Seinuies says in his Adveuturtis, "Fortunately for the Confederate vessel, tidings of tlie projected seizure were conveyed to Birkenhead." " Our unceremonious departure was owing to the fact of news being received to the effect that the custoius authorities had orders to hoard and detain us that morning." Vol. IV, page 181. 6 Vol. Ill, page 147 : Vol. VI, page 437. 6Vol. VI, page403. 'Vol. VI, page 411. 8Vol. VI, page409. »Vol. VI,pago410. 435 and 47'2. THE ALABAMA AND HKR TENDER. 151 ho iiiiulo na to powdor niul fjniis.' llcforc t'lu'sr iiuiiiirios could ho coin- iiu'iiccd, IIk' olVt'inIn' was at sea.* I iuUt the »'iicum.staiM'«'s tliis licsita- tioii iiiiil inj; near the Giant's Causeway. SIic [;}7,S] tliiMi nnulc for Trrecira, ono of *the Azores, whieh she leai^hcil on the KMli of Anjjjnst.' On tin' le. It proved to be the "A;;ripi>ina of London, Cui»fiiin McQueen, havinj,' on board six .uuns, with auiaiunitioii, t-oals, stores, »S:c., tor the Alabama." J*rej)araHons were immediately mas containing guns, gun-earriages, shot, rani- iiiiTs, &C., weij^hing in all 158 cwt. 1 is conclusively cstaMished a;4aiiist (Ireat Ilritain, 1st. l>y the opinion of Mr. (Jollier, wiio, sodii alter .uiviiiji' it, becaiiica nienib(>r of Her Majesty's (Jovernnient, nndei- th(^ lead of l.ord faliiur- ton, and with iv,\v\ Russell as ji colleaji'ue. Tiiey niiisi. therefore. Imi lield to have adopted his views «)n one of the most important «;ne-;tii)i)s. half le^ai and half itolitical, that eauie before L(/rd I'almerston'.s (lov- ernment for determination. I'd. llei oMaJe.sty's (iovernment, by ordeiiii^' the detent ion of The L'liO, {ubnitled her illepd chara-cter. ]Carl lius.sclj hiinsell' hints that it is •^ impossible that '-the ollicer.s of the cusloms were misled oi- blinded In the f^enerul partiality to lue cau.st; ot tin' South known to i)rcvail ;ii Liver])ool, and that a prima Jacic case of ne^li<,'ence could Itr made (uii.' .■>d. I''arl Ilussell stated to Air. Ad- ns in an ofliciai note that "it is inidoul'tedly true that the Mabamawas partly fitted dut in a Ibitish [)ort."- *T!iis is all tiiat is tx'eessary to be said in order [oSl] to brin.i;- it wiihia the operation of the rules of the Treaty of Washiiifiton. Thus i'onstrucfed, e(j!iipped, lifted out, and maniM'd as a ship of Wiir in Liverpool, and armed under tlie ori;;inal (•oiitra< t made at th(« siaiif ])lace with ai'uis and ninnit iuns tiiere cotleetrd by the eontractctrs o: ihc vessel, but .sent oul from (licul IJrilain I>y a separati^ vessel in order to eohiplywith ilu^ ollicial (;o:is!incl ion of Ibitisli niiinieipa! lavy, t!ie .\h\- bama comnieneed a career of destruel ion whicli proved hi:.iiily Witli the (exception of a half a do.'^'n pr(;;es, all caplures were made with tlio Hcrew hoisted and ship under sail."' I'he Uniicd States will conlin<^ their comments to \]\o ojllcial trriit- i!jei)t which this ve.ssel i'e«*eiv('d within JiriiisI; jnrisdit tioii. Ib'r liiMtory for a *Marji>e part of her <'areer may b<' lound in \'o1. IV, 1.381'] between paj>'es 181 and lMU. It has also been nnule the subj^'ctof an elaborate volume, troni which souu' short extracts have been (luotctl above. From Terceira. shecros.sed to the West Indies, takin/j; at j\rartii!i<|ii(' coal aj.',ain from tlu! bark A};rippina, whieii had been sent from I';hj.i;UMi for the purpose;'' and she passed up thence into the Clulf of Mexico, markiu:.;' her (U)urs(^ by the ccli('.s .'iiul (li,i)iat(lii'M of l^iiil IJiiHst'II, Vol. II, i>(ij;L-b 'i'>0, 'MK -Karl l{ii!-Ncll 1.1 -Ml. A.liiuis, Vol. III. pii;4<« lii)U. ■' SriiinuH's Advi'iitiiics Ailoat, ]yAH'- (('->. ai;i« 4'20. 'Same, imp' .") 14. Tlii) Agniipiiiu is tint Hnine vt'iiB«l that took coal .'indBupiiiios to • licr ivl 'i'i.'rocini. THE ALABAMA KER TENDER. 153 most o«r(li ill rolations were at oiu'o ojitiib'.isiM'd bctwoon tho ofiicors of all tIn'-^«' ships iind of +1k- Alabama,'" and flio (}()vo>".'.:»r of tlio island nrouiptly {granted >So!nim'.s's reqiu'st to ho pcrniith'd to repair liis ship.'^ (ill the LMtli of .laiuiary, luiviii;;^' Ixhmi rt'fittcd and i'mnishcjl with ,;.S.'I] siipplios, she left Jamaica, *" bt.;::;'.! tn the coist of JJrazil, antl thence to the Cape of (loo«l IIojn'.*'.' On the .'loth of the i>revions November, ath'r Captain Semmes's mo(UM)f iiinyin^!' on war ••,^ius known in Kn^^hunl, ."Mr, Aduns nuiie to Lor«l Kns- M'll the first of a lonj,' series of rei)resenfations ctuicerninH; this vessel. This coiiiinnnieation contains a sninmary of all that tlie United Stat<'s ilirm it necessary to say about the Alabama in tliis place. " It now iilipeai Mr. Adams savs, ''from a siuvev ol' all the evidence, l''irst. Tliiit this vessel was bnilt in a dock-yard belonjiinj^' to a commeicial hdiise ill I/iverpool, of wliich the chief member, down to October of last \(';ir,isa member of the Ibnise of Commons, yecondly That from'tlui iiiiiiiiier other constriictionv and lu-r jiecnliar atatioii to v, ar ])ni!>o.se, ilii'ic could have, been no Ihnibt i>y those enfia};cd in the wt)i k, and liiiiiiliiir with Huch details, that she was intended for other jMirposes !li;iii tlios(> of legitimate trade; and, Tiiirdiy. That artun' from I.iver- :lSt] iiool, which she was sntfert-d to lca\'e *withont any <»f tiie cus- tomary eviih'iice at the eust()m-hon>;e to desiii'iiate her ownership, ,at' of (ln'at liritain, in order the better lo execute liis system of lavaj^e and^ depredation on the hi;;h seas. Ami lastly, it is im tie clear that he i)ays no re.uard ^\hatever to the lecM^'i'.'/.ed law of (;apture of merchant-vessels on tin* hij;h seas, wh.ic'i ivi|iiires (he action «)f some Judicial nibnnal to conlirin tiie rightfulness nltlie proceed in ]ns, but, on \lie contrary, that he resorts to the piratical toiii of (akin.u', pliimleiin«f, and burnin;;- j>rivate property, without lU'd to conseciui'iices, or responsibility to any legitimate authority whatever.''^ The courso of conduct so lorcibly sketched by Mr. Ae o!\'('herbourji. [is.')] *The Alabama went from the West Indies to Ihdiia, where she •met the (leorgia. She then crossed to the Ca])e of l!ood Hope, iiml entered Table iJay, as has alre.idy b«'en seen." It is not necessary til .siiy a^jfain what took place as to the Tuscaloosa; to sju-ak of tbt3 -ys IViT ! Si'iiirnesrt AtlvtMituros All();it, )iay;e 'u^i, ■ lliid. '■ ]'>\ (lie act ot'eonHfiitipii; to rci'i'ive tlic A1:i1)!iiii:i in Kiiij^ston. ninl p('niiit(iii;i; '''■.III veil I 1111(1 siij»]ily liorsoir at (iiat, we liml eoiiHi»lerf a jioMitivi' recii^iiitiim, anil Imviiij^ assntnefl tlie icspunxittilit.v for tho j <'ims('(|in!!C(>H 1)1' fliiit MuiK'tioii." — Mr. .UJumn^ti Htulaniiit tu Lord liiinmll, iUiaj,'e 110. (tut, i>ajjo 't(]'X 154 INSURGENT CRUISERS. evident character of the vessel with tlie captured car^o «)n lioavd ; of the honest indi^rnation of Kear-^Vdniiral ^Sir Baldwin AValker ;it tin llinisy attempt to convert the j)nze into a cruiser; of the i»:irtialit.v (»i tlie Governor and the Attorney (ieneral; of the decision of IJcr Mnj. estv's (lovcrnment that she must be regarded as a ])rize anved out of Table 15ay for the last *tiiMe. amicl.st Insty cheers and the [387, waving of handkerchiefs from tiu' boats by which they were sur- rounded.''" ''Military and naval otlicers, governors, Jndges, siipciiii- temients of boards of trade, attorneys-general, all on their way to tliiii missions in the far I^ist, came to see her.''" She now made her \\ay to northern waters, anil cm the lltli of June. IStJl, cast anchor in llie lijirbor of Cherbourg. Her career was lutn linished. The United States war-steamer Kearsarge was in tho.se waters. and on the IDth of the same dune, within sight of Cherbourg, this Ibitish-bnilt, liritish-armetl, and liritish-mauncd cruiser went down under the fire of Anu'rican guns. During her career the Alabama litted out one tender, the Tn.-sialotwi. The •'C»>nrad of Philadelphia, from Uuenos Ayres to New York, wiili part of a cargo of wool," was <;aptured on the 2Uth of June, istl >. in latitude L'.j^ 4s' .south." It has already been seen that this prize wiis ""l^Vol. Ill, IKIRO "Ml. ' Si'iiiino's Atlvoiitun-s All«:U. pajjo 7:?7. 3 Semiiu->*rt Ailvfiitiiie.s AllotU, pa;n' TIT). aj;t) 7-1 1. "This is c-vid«-ut l'n»m Semnit's's uccoiuit of his voyage ou ltiaviuivtcnse was rccog- uizt'd as valid. A\'!i('U the Alabama left to ciuisc in tlio Indian Ocean, ScMiincs "disi)atclicd this vessel from Aiijjra Poquefia back to foSS] llie coast of Jirazil, to *make a crnise on tiiat coast."* It has also been seen how, on her return to <'ape Town, she was seized by (he Governor of Cape Town, a;:r<'vent licr dei)arturefrom its Jurisdiction at Liverpool ; nor, subseipu'ntly, from it>jnrisdi('tion at Kingston; nor, sid)se(piently, from its Jurisdiction at tlic ("ape 2, she ca]>tured, near the island di San Douun^o, the United States schooner llanover, and took the prize to Lonahamas, and there sold the cari;(), " without previous judicial process."^ IJepresentations bein.if made of these facts, an answer was nujde by the Colonial Authoriti* , *claimin.i>' that they were deceived, and that they supjtoscd that [1501] the person nndiin.ii: the sale was the master of the vessel.'' Mr. Seward replied that this answer w as not " deemed altojicther conclu- sive.*' Subseipiently one Vernon Locke was represented as the pcrsiiu who had, '' by fraudulent personations and representations, ])roctniMl the admission of that vessel [the Hanover] to 'entry at the iN'vciuie Oflice and elfected the sale of lu'r earjio there.'" Locke was indicted. and bail accepted in the sum of XliOO. The United States are not aware that he was ever brouj;ht to trial. Mr. S(^ward thouj.;ht the bail "sur- prisinth of February. l.Si!'!, when off Casth,' Island, one of the IJahamas, she captured the Anicii- can bri<;' lunily Fisher, frci^^htcd with suj^ar and molasses. This prize also " was taken to Lon<,'Cay, onc^ of the Bahama Islamls, and notwith- standing the ])rotest of Captain Staples, [the master,] and in the pres- ence of a British ma.nistrate, was despoiled of her caryo ; a portion ol which was landed, and the balance wUlfully destroyed."^ ThcBetrilm- tion then went to the harbor of Nassau, where she was sold, assuming' the name of the Etta.^ *The United States, with confidence, ask the Tribunal to find [.!!»:;: and certify as to this vessel, that (Ireat, Britain failed to fullill the duties set tbrth in the three rules of Article \'l (»f the Treaty, or rect)jinized by the juinciples of International Law not inconsistent with such rules. The.y ask this, not only for the j^eneral reasons hereietoiv nu'ntioneil as to this class of vessels, but because, in the case ol' each of the ca[)tured vessels above named, the acts complained of Wiere doue within ller 31a jest v's jurisdiction. THE GEOBGIA. The Georgia was built for the insurjicnts at Duaibarton, below Clyde, Theoeo ia. * "" ^^'^* GhisjiDW. SIic was laiuu'hcd on the 10th day of .laii- eontia. iijiry^ ISc;,;, at which tiiiic, as has already been said, "a Miss North, daugliter of a Cai»taiu North, of one of the Confederate States, iilliciated as priestess, and christened the craft Yir^inia."^ It was uo- ' Mr. .S«\vanl to Liml Lyons, Vol. I. ]nn;a 701. ' 15iinisi4lc to Xt'sliitt. Vol. I, piij^o 7tej. 3 (JoviTiior Baylf.v to Diikn of Ncwta.stle, Vol. 1, puj^o 700. * Allhlavit of Tlioiiia.s Sampson, Vol. VI, pagt) 7:Ui. » Uuik-rwuoil to Sewanl, Januuty 1(3, 18ti3, Vol. VI, pago 593. THE GEORGIA. 157 torions that slio was boiu'^' consti'Mctod for tin's sorvico.' Wlion finislicd slie ^Vils a " scrow-stcamcr of about live hmidivd tons rcjjistor, (•lil)I»er-built ; iijinvc-licad, liddlc bow; short thiak I'linncl; with f.j93] *ii iiiiniber ol'conii)aitiiU'nts Ibrward on botii sides, iroin oij^ht to ten feet siinavo, and stronjici' tliaii a Jail, si ion;; doors to thoni, with hini^'<'S about three inches thick, and biass ]»a(lhK;ks accordin;:;!y, iiiid a strong- magazine Ibrward in the bow."' On J'riday, the l!7tli oi" Miircb, she left lor (ireonock.^ By this time she had parted with her iiiuno VirjJ^inia, and had the name Japan, " written in small letters on her how ;" and it was pretended that her voyage was to be to China. On the eveninj:? of Monday, the .'iOth of March, sonic seventy or oighty men who had been shipped at Liverjiool lor this vessel were sent to Greenock. The apeenients with this crew were nia started again, and next morning they were olf Castleton, Isle ol" Man." Here they changed their course, and went into the Atlantic, liirough the northern passage, between Ireland, and Scotland. On the iltli of April they rea(;hed the coast of France. Ushaiit light was the lirst place they sighted. Here they turned their steps toward St. Malo. proceeding uiuler slow steam, and in the morning they sighted, oil' -Morlonux." the steamer Alar, with arms, ammunition, ami supplies for till' Georgia, under charge of Jones, a partner in the Liveri)Ool house of Jones & Co." It liiippened that these proceedings were afterwar!l5] at the Liverpool Assizes, in *Augiist, IStil. In his af waging war against tln^ Xorthern States of America ; and lln'ic seemed to be very little iloubt that both the defendants had to do with the men's leaving the port of Liverpool, for the purjjose of joining tiio Japan, afterward called the Georgia. * '' * X»)w came the iiiu'stioii, whether the defendants had procured the men to be engaged 'Kxtiattw from Loiuluu Daily Ncwh, Fcbniiuy 1"^ uml 17, 1803, Vol. VI, pa^ouOiJ, ' ' 'tq. -Diidloy to Hpw.nnl, Vol. 11, pa:,. .M^ ; Vol. VII. |.a,u.r H8. 'Mr. Adams t(» Kail I'nsscll, Voi. II, pajfos 077, (JT-^ ; Vol. VII, pago 88. 'Miiiinn's anitluvit, Vol. II, pa},'o (iJ.'; Vnl. VI. pagi; .'.i:!. ■TiiuinjisoM'H allidavif. Vol. II, pagoCTl ; Vol. VI, pago r>U. 'Spetcli ol Thoiuua Baring, Esq., M. 1 , liuusard, 15(1 Kerio», Vol. 175, page 467. 158 INSURGENT CRUISERS. |M'r I in war against a country toward which this conntry was bound to main- tain a strict neutrality. No doubt it was possible that the lements of war.*'- All were put on board before Friday, the lOth of April ; the insur- gents' flag was then hoisted ; ]\Iaury, the insurgent officer destined for the connnand, produced his commission ; the .Japan was changed into the (Jeorgia ; fifteen sailors who refused to cruise in her were trans- ferred to the Alar, and the Georgia continued her cruise. On the Sth of April My. Adams called Earl Kussell's attention to the departme from the Clyde and Newhaven of this hostile expedition, "with intent to depredate on the commerce of the United States,'" and he stated his belief that the destination of the vessel was the island of Alderney. Earl liussell replied, on the same day, that coi)ies of his let- ter ''were sent, without loss of time, to the Homo Department and to the Board of Treasury, with a re(piest that an immediate inquiry might be made into the circumstances stated in it, and that if the result should prove the suspicions to be well founded, the most effective ineam'd |398] might be *taJccti which the laic admits of for defeating any siich at- icmptH to Jit out a'beliigercnt vessel from a British port"* Had Her Majesty's Government taken the measures which Earl Bus- sell suggested, it is probable that the complaints of the United States, as to this vessel, might not have been uec^ssjiry. The sailing and the ' Vol. VI, page 567. « Vol. II, page 671 ; Vol. VI, page 511. » Vol. II, page 666 ; Vol. VI, jioge 509. * Vol. II, page 667 ; Vol. VI, page 610. THE GEORGIA. 159 destination of the Japan were so notorious as to be tlie subject of news- iiiinor comment.' Xo time, therefore, was required for thtit investigii- Itiou. It couUl have been very little trouble to ascertain the fa(;ts as to the Alar. The answer to a tele^j^rain could luive been obtained in a few minutes. ]\Ien-of-war might have been dispatched on the 8th from roits'HOuth and Plymouth, to seize both these violators of British sov- ereignty. In doing this Her Majesty's Government need only have ex- ercised the same powers which were used against General Saldanha's expedition, arrested at Terceira in 1827, and whose use in that case was sustained by a vote of both Houses of rarliament.^ The island of Al- (kruey and the other Channel islands were on the route to St. Malo and Brest, and it is not at all probable, scarcely possible, that tlie [399] Alar and the (Jeorgia *would not have been dis(!overed. The purposes of the latter vessel, thus taken flagrante delicto, would then have been ex])Osed. This was no*, done. Instead of directing action td be taken by the Xary, Lord liussell caused inquiries to be made by the Home Otiice and the Treasury, and the Georgia est^aped. On the 1st of December, 18(J3, Mr. Adams called Lord Eussell's atten- tion to the tact of " the existence of a regular ollice in the port of Liv- erpool for the enlistment and payment of British subjects, for the pur- pose of carrying on war against the Government and people of the Ijiited States;" and he expressed the hope that "the extraordinary ( hiuacter of these i)roceedings, as well as the hazardous consequence to the future peace of all nations of permitting them to gain any authority iiiider the international law, will not fail to flx the attention of Her Ma- jesty's Government."^ The depositions inclosed in this communication liiriiished conclusive proof that the members of the firm of Jones & Co. were still engaged at Liverpool in procuring and shipping men for the Georgia, and that the payments of the wages of the crew of tliat vessel were regularly made through the same firm.'' It was also i)roved [400] that Tones had *superiiitended the shipping of the armament of the Georgia off Brest ; that he had lieen standing by the side of Miiury when he assumed command, and that he had told the men, as an iiuliicenieut to them to remain, that " of course they would get the prize I money." ^ On the 11th of January, 1SG4, Mr. Adams inclosed to Lord liussell' Icnpiesof papers which he maintained went "most clearly to establish I the proof of the agency of IMessrs. Jones «& Co. in enlisting and paying |l!ritisli subjects in this Kingdom to carry on war against the Unite(l States."" Proceedings were taked against Jones & llighatt, as has al- I ready been shown. They were convicted, and were lined but fifty pounds each — manifestly a punishment not calculated to deter them Irom a repetition of the ott'ense." 'Vol. II, page COS. 'Hansard, now series, V«)ls. XXIII and XXIV; Annual Register^ History, &c., A. D. [ \m, Vol. LXXII, page 187. 'Vol. II, page m-i ; Vol. VI, page 519. M'ol, II, pages (583, 684, 68G, tWD, &c. 'Stanley's ailidavit, Vol. II, page 684 ; Vol. VI,. page 522. See also Charles Thoinp- [ son's affidavit, Vol. Ill, page 87. "Vol. II, page 098 ; Vol. VI, page 534. "'Five prosecntious were instituted at different times against persons charged with liaving enlisted or engaged men for the naval service of the Confederate States. Of these, throe wore successful. Five of the accnseahia. From thence sh(^ went to the Cape of (lood Hope. On the way she tell in with the Constitution, a inerehant-vessel of the United States, laden with coal. " We tilled our vessel with coal fr(.)ni her," s.ays one of the witnesses, In a few days after that she entered Simon's Bay, Cape of Good Hope, There she staid a fortnis:ht, havins' repairs done and gettiii}? more coal, She left Simon's Bay on the L'Dth of August. It is not probable that tlie snpi)ly troni the Constitution was exhausted at that time.* She then worked her way to Cherbourg;, and in a short time after eame again into the i)prt of liiverpool. Her career and character were rai)idly but forci bly slietched by lliomas Baring, Esq., in a speech in the House of Com- mons on the 13tli of IVIay, ISOi. lie s.aid : "At the time of her depart ure the (Jeorgia was registered as the property of a Liverpool mercbaiit. a partner of the lirm which shipped the crew. She renniined the property of *this person until the 2."d of June, when the register [40l' was can(;eled, ho notifying the Collector of her sale to foreign owners. During this period, namely, from the 1st of April to the 23(1 of June, the Georgia being still registered in the name of a Liverpool njercliant, and thus his property, was carrying on war against tlic United States, with Avhom we were in alliance. It was while still a Brit ish vessel that she captured and bunied the Dictator, and captured and released, under bond, the Griswold, the same vessel which had broufflii corn to the Lancashire sullerers. The crew of the Georgia were paiii through the same Liverpool firm. A coi)y of an advance note used is t ' be found in the Diplomatic Correspondence. Tlie same firm continiiwi to act in this cai)acity throughout the cruise of the Georgia. Attir cruising in the Atlantic, and burning and bonding a number of vessels, the Georgia made for Cherbourg, where she arrived on the 28th of Octo t^r. There was, at the time, much discontent among the crew ; niaii, deserted, leave of absence was given to others, and their wages wen paid all along by the same Liverpool lira). In order to get the Geor;;i;i to sea again, the Liverpool firm eidisted in Liveri)ool some twenty sen men, and sent them to Brest. The Georgia left Cherbourg on a second cruise, but having no success she returned to tiuit *port, [403 and thence to Liverpool, where her crew have been paid oft" with- out any concealment, and the vessc- is now laid h[). Here, then, is tli. case of a vessel, clandestinely built, iraudnloitly leaving the port of iie: constiuction, taking Englishmen on board as lur crew, and waging' war against the United States, an ally of ours, witliont once having enteni: a port of the power the commission '*f wliich she bears, but being, li ; some time, the property of an English subject. She has now returntii to Liverpool — and has returned, I am told, with a British crew on bowl. who, having enli.stcd in war against an ally of ours, have committetl ;. misdemeanor in the sight of the law."- The Attorney General, Sir Itoundell Palmer, replied on behalf of tin listinciitH for tho servico of tho United States. {See Vol. IF, page 547, and Fol. lV,)wy 54U.) It i.s to be obsiTved, too, tliat Mr. Adams furui.slied Lord IJusseU with eviiUn" to sustain a i)r()se(!ution against Bullock. {Mr. Adama to Earl Jluaaell, March 30, Itiw rol,JII,pa(jci:H).) ' See the atlidavits in Vol. II, page 684, et seq. * Uausard, third aeries, Vol. 175, page 467 ; Vol. V, page 577. THE OEORGIA. 161 Govornmont to tliis speech. TTe did not serlonsly disjuitc tiiO faets ns stated l»,v IMr. Biiriii|H'. "Tlio wl)oIe of the hon()iiil)U' j>eiitleni!urs iir.u;u- iiiciit," ho said, "assumes that the fa(!ts, and thi^ Imv apjilieahh' to tlie I'iicts, are substantiated, that we are in a i»osti()n, as between ourselves Aw\ tl>e ('onf'e(U'rates, to treat the matter as beyond controversy, and to iissuiiio that the (Jieorjjfiji was, in fact, fitted out in viohition of our neu- trality. Now wc may have very stronjL!: n'asou to suspect this, ajid [401] nuvy even believe it to be true; but to say *that we are to act upon stronfj suspicion or belief against another state, ui)on cer- tain facts which Inive never been Judicially established, and whi<'h it is not easy to briii}? to the teat as between (lovernment and (lovernment, that is a proposition which is not without grave consideration to be a<'- ceptt'd."' lie found a defense lor the irresolution and inactivity of the (iovernment, in the fact that the United States were unwillinn- to aban- don their claims for compensation for the losses by the acts of the Ala- Imma. "I have no hesitation," he said, " in sayin;:? that the United States by advancing such denninds, and by seeking to make our (lov- ernment responsible for pecuniary comjiensation for ])rizes taken by the Ainlinina upon the high seas, and never brought within our pcnts or in any way whatever under our control, are making demands directly con- trary to the principles of International Law laid down by their «)wn jurists, and thereby they render it infinitely more difticult for us at their request to do anything resting on our own discretion."^ When it was apparent that the Georgia was to be allowed to remain in Liverpool, and that she was not to be made "subject to the ruh's of January 31, 1802, Mr. Adams addressed a note to Lord Kussell [405] in which he said: "I learn that she is 'about to rennuu for an indehnite period, the men having been discharged. 1 scarcely need to suggest to your Lordship that it has become a matter oC interest to my (lovernment to learn whether this vessel assiunes the right to re- main in virtue of her former chara(!ter, or, if receive (licsc noh-s, toolc no notice of Mr. Adiuns's protest ii;,'iiiiiHt tlie vnlidit.v ol' the s.ile, or of liis itupihies iis to the elutriicter llie vessel enjoyed in (lie port of Liverpool. He snid that ihv, e\idene(! failed lo satislyhiiM that I he sli'amer (leor^iu woidd heajiain used I'oi' lu'liijicicnt puiposes; and he added Ihat, "with a view to prevent tiie I'eeunciiee nl any (piesti<»n such as that whieh hasaiiseii in (he ease of the (leoi;;iii, ili'i- ^l.ijes(y's (loN'ernnieid have ^iven diiei-dons that in future noslii|» (»f war, ol eilher l»elli^c!('n(, shall he allowed to be hrouj^ld into aiiy of Jlcr Majt'sty's por(s (or the purpose of hcinj; disnumtled or sold."" 'I'his iernMna(e«l (he discussion on thtMpU'stions raised Uy IMr. Adams. A U'w days later, the career of (lu^ (leor^ia itsell' was terndnated hy its captur<' by (he I'nded S(ates vessel of war Miayara. 'llie l'ni(eles of Inter- national Law not inconsistent with such rules. Should (he Trilmiiiil exercise (he ))ower cont'ened upon it by ArtieU^ VI 1 of (he Treaty, to award a sum in j;n)ss to be paid (o the ITid(cd States, lliey ask that, in consid( rini;' the amount to be awanled, the lossi^s of the United States and of individuals, and (he expens*^ to which the Uidted S{ates were put in (he pursuit and capture of th<' {Jeor}4ia, may be taken into acciuint. Tiu'y ask this, in addition to (he ficnera! reasons already assijj;ned. lor the followni;;' reasons applicable to this ]>ar(icular vessel : 1. Thai, (hou;j;h nonunfflly cruising- uiuler the insurgent lla;^;', and uider the direedon of an insur^'eid oliicer, (he (leor;;ia was essentially a !!rii- ish vessel. The evidence on (liis point c not be better stated (liaii in (he W(U(ls to which ."Mr. Thomas iJarinj^- ^.ive the j^rcat uci^ht (»!' liis name in the House of Commons. When she retuined (o Ijiverpool, in .May, I.sdt, she was received as u Uritish vessel, i\lr. Ationof the proceedings as to enlistments. The I'nited States insist (hat l)y reason of the ori,i;in and history <.f the vesxl, and by rea- son of this nef'li^cnce of llei' ]Majes(y's (lo\-eru:aen(, (Ireat Ihitnia (lecame Justly liable to the L'luted States for (!ie injuries done by tlii^ vessel. L*. (Jrcat IJritaiu did not use «lue dili,L;ence to jKt'Vent the (i(liM.!4();it ;;nd c(H'.ippinj4' of the (ieor;;iii within its JurisdicLoii. It was no(oiioiis I hat she was beiui;' constructed lor use under tl);' ii:sLir!;i'n( lla;^'. /'N-' llic cjiract J'niiii ike Xiivs, ami i'lidcra-oixCs (!!:^:p(iit li.J lier littiuj^s we.v of such a nature and character as to have allbrdv.! <:f themselves a iva- und to believe (hat she was iideiidetl tj < liiise or [o c.nr\ i>n sonaoi :io iiat war was to war; and her destination I'endei'cd it certain iUu cariied on aj;ainst the L'nitcd States. It was th. refore the duty of (iicat Uritaiu to prevent her dei)arture from the Tiyde. ;>. It was the duty of Her ^iajesty's Government, on (he receipt of Mr. Adams's note of the .Sth of April, to take the most eliectual measiii which the law aduiitted of Ibr ' the attempt to lit (Uit the CJciir^ I'om a British port. Lord liusselhuhnitted this meastnc of «luty in his reply es ria to ;\Ir. Adams's note. The ;ussel nu»st eliectual, and in fact the only effect- ual remedy, was not*taken,sofarasknown to the United State; iii('asiii«» ' Eail Russell to Mr. Adams, Vol. II, page 719 ; Vol. VI, page CoO. THE TALLAHASSEE. 1G3 Vossclsof wiirt of Mr. Aoiit Hrrst iind the CliiiiiiK'! Isliimls, would liiivc iillordcd )i comiilctc I't'iiu'dy. This \v;iH ;i iiiciisiirc siiiit'lioiicd hy Ilritisli iMcccdciit iind l)y IJritisli law. [.SVr the Tvtrvim caxa, ahorr vilnl.] Tlic lailiirc to adopt tliat "t'llrctnul iiiciisiiic," taken in connection wilh llie ori^iinai litliiiu," out and e(ini|»- pinn' of tln^ (leoi'fiia, in the Clyde, and wiiii tlie arming- iier throiiyli th(? Alar, iit Newliaven, constitnte a violation of the dnties of (Ireat Uritaiu ;is a nentral toward tlie I'niled Stales, which entails upon it the oldi.^a- tioii to niak(^ fall compensation for the injnries caused l)y the acts of tlio (U'(»r!,da. [. When tliedeorijia ariived at ('ape Town, (li'cat P.ritain failed to detain her. This .,as a violation of tin- dnties of a neutral as set forth in the second clause of thc^ lirst rule of the Treaty of NVashiny;tou. Tin: TALLAnASSIOK, OR TIIK OLUSTKE. TlieTalIalnisse<' was "a Uritisli .steamer litted out from London to play the pai't of a privateer out of Wihninj^ton.''' She was ri>rT i!.h,.,r-or [HO] orii^inally called the ^Atlaida.- Tuder that name she """■"•'" ariive(lin Peiinuda IVoni ICn/^Iand on the ISih day of Aiiril. ISOt. She made two trips as a blockade-runner between there and Wilmin;;ton, 1111(1 then went out \\n' a eruist' as a vessel «>f war. llev captures wei'c, Ijiiiicipally made under the name ol'lhe Tallaliassee. Some were made iiiidcr the name of tbe()liisl"e. It is not (pute clear whether she made two tiiiis, one Tinder each Jiiiiie, or whetiier tlie name was chanji'cd in one tvip, in ordei' to blind the jtursuers.' On t!ie IDth oi' Anj^ust, ISIIl, she. arrived in Ilalil'ax. after (h'stroyiu^n" several vessels near Cape Sable. The Ceiisiil of the I'nited States al Halifax reported her a '• about six; liiiiidicd ttjus biu'deii,"' '^an iron double screw steamer,'' havinji' "alxnit one hundred and twenty nu'U.''^ Ib^ also said that the insuru'cnts hail ('Still ilislied a coal depot there. On arrival, the otlicer in command fiillcd upon the Admiial and Lieutenant (loveruor. lie jiives the fol- lowiii;^- account of what took place: " .Aly reception by tlus first [tho AdiiiiralJ was very cidd and uncivil; that of the (loveiiior less so. [ Mated that I was iii want of coal, and that as soon as I could fdl up E Viould {;■(» to sea; that it would take from two to thn'o days. No [IllJ objection was made attlie*tinie — if tli:'re had betui I was pro- pared to demand f(!rty-eif;ht Ii!>u'.s for repairs. The (Joveni.or ;isk(Ml me to call m»xt day, ami let him laiow how I was pro;j;'ressinm', ;iii(l when I W(udd leave. I did so, and llien was told tlial he piised that I was still in jjort ; that we must leave at once; that 'iiidd leave the harbor with only one hundred tons of coal on board. £ jiidtcsted a,!;'ainst this, as Ix in;;- utterly iiisuflieient. lie lojditd that the Adnnral had rei)orted tliat (jnantity snliicient (and in siicli ma t rs he iiuist be, jjovenHMl by his statement) to run the ship to Wilmin';t ii. Tlie Admiral had obtained this inl'orniiition by sendini;' on board l.iireo t»t' liis oflicers, ostnt.v tons of coal wtue put aboard instead of Imli tiuit quantity. * * llad 1 proeureil the coal needed 1 intended to iinvt struck tlu; <'oast at the capes of tlu^ Dehiware, and foUowed it down to (Jape Fear, but L has at Nassau, ]t<'nnu that the rule of January .'Jlst, I.SGL*, as to tlu' sup ]»Iy of coal, was fairly carried out, the operations of the insurgent cruiser, to which it was applied, were arrested on the spot, and the vessel was obliged to run for a home port. The Tallahassee apparently remained in"\Vilmingt(U» for some months. On the 13th of January, 18()."5, she arrived in liernnula again, under tin* name of the Chameleon. On the l!)th she sailed again, taking a <'ai^() to Liverpool, where at the close of the war she was claimed by the United States. From the fact that she was fitted out in London to be used as a i)ii- vateer from Wilmington, and that she did go out from Wilmington witii what pur])orted to be a commission from the insurgent authiuities, and did prey upon the commerce of the United States, and Ibr the reasons already given, the United States ask the Tribunal to lind and ('crtily as to this vessel as they have been asked to lind and certify as to the SHUiter and the Nashville, the Florida and the Alabama, and the Georgia. ♦THE CHICKAiyrAUGA. f4iaj Among the new British-built blockade-runners reported by the United States Consul at liiverpool on the 5th of March, 1804, was ic aroauga. « ^j^p jj^jiti, ng^y doublcsiaew ; two pole-masts; forei-astlc raised one foot higher than bulwark ; two funnels ; marked to draw nine leet forward and ten aft; no figure-head."^ She arrived at Bermuda from England, on the 7th day of April, ISOt. On the 23d of the t(dlow ing June she sailed for AVilmington, and on the 7th of the next .lulv arrived from there with co.ttou. On th<» 23d of July she again went to Wilmington. The Eilith was one of that class of blockade-runners, like the Talla liassee, which was owned by the insurgent authorities. In the year ISlit other parties as svell as the insurgent authorities were largely engaged in the business of running cotton out of the blockaded jmrts. Thus, in the quarter in which the Edith left Liverpool, 34,754 bales of cotton were im[)orted into Liverpool from the Southern States, via Bernnida, Nassau, Havana, andMatamoras, of which only 7,874 were consigned to Fraser, Treuholm & Co.'" The Edith, however, was a vessel be- longing to the ♦so-called government at liichmond, and, being [414] found to be fast, and adapted for the sort of war that was can'ied f Wowl to Mallory, 3l8t August, 1864, Vol. VI, page 729. 'Manuscripts iu Dupartuiuut of State ; 84i<3 Vol. VI, iiages 723-4-5. 'Dudley to Seward, Ut April, 18G4. Only 097 balett eame by way of Havana. THE SHENANDOAH. 165 on iif,'iiin.st tlio rominorco of tlio T^iiitcd Statfs, it was drtcrmiiuMl to put her ill roiniuissioii as a man ot-war. Till* attention of the Trihiuial of Arbitration is invitcil to tlu> facilo iiiama'r in wliicli tlicso vrssris wvw iM'iiniftcd to a«lapt tlH'nis«'Iv«'s t(» ('iiriiiiistann's. Tin' Siunti'i" cniiscd as a man-of-war, ami rrrrivnl lios- |iitiiliti«'S as sncli. SIm' was iillowcd to iliaiiyo Jn'r cliararti'r in a IJritisli |ioit,:iiiil then to siiii nmlcr tlii^ Lhitish lla^^as a hlockatlc-ninncr, owned j ;iii(l «»p<'ratt'(l by tin* insnryentH. The saimj tliinff would undoubtedly ' Iiave been done with the (leor<;ia had she not been <'aptnred by the Ni;ijrara. The Atlanta stait«'tl her career as a bloekatle-innner, owned ' liy tlie insnrp'iits; slu- was converted into a man-of-war und(>r the name oi' tlieTallahass«'e. When unable to ])invsue furtlu'rher work of «lestrue- tidii, she 1)ecanie a^ain a carrier for the benelit of the insur};ents, and wiis accepted by (Ireat Ihitaiu in her now churacter. The Kdith wi»s now to go through similar transformations. On the 17th of September she was in commission as a man of war. Between that date and the liSth of October she took on board large [415J supplies of coal Irom blo«'kath of November she sailed Iroui llt'iimida, and on the l!>th arriveay Company, and had been employed in the East India trade,'^ was " a long rakish vessel of seven hundred iiul ninety tons register, with an auxiliary engine of two hundre<1 nt flic siuiKM-niK'lusioi!, ;ni(1 nii;,'lit liavcdctiiiiK d 1)1)1 !i >liii)s. TIk' ;ii>t»!»itit('(l ))I:ici' of iiiccfiim' was tlic linihor of I'^inicliiil. in llii» jsi.uifl of .M;ii;;i. Thi' L:mi'i'l ;irriv<'(l tlici'*' luo dii.vs in jidvaiicc «»f jIic Si'Ji Kiii;ji.' 'JMic l.itic!' vessel liiul eiilistc'l its erew '• !'nr ;i \().\ii}4t' to !'ii)i;il>:iy oi- ;mi.v port lA' the Iiiilian ()ee:iii. <'liiii:i Sciis. or .liii):iii, lor .! tirni not toexeeed I wo .veiirs.""- Slic 'Mvent liauic! to Ihe Sea Kini; the licav;. .unns." " .\\ tiie expiralioe of thirty-six hou!.' the transfer was itVt'ited. and the ninnil ions of wai', clot hin.y. and stoi s, witii whieh the Linnc! had l)ereten«led sale of the vi's^el. (the I'cal sale !;a\ iii;^' (akeii place in London.) and tried to induce he men who had ('iilisled to sail in tiic Sea Ivinj;' to continue jlL'lj tln'ir coiitrael in Ihe She;iandoah. The ''eondnet of I his peison was so palpably a \ ioiation of ! he I'orei.uii I'nlistmeiit Act that ;'u' Ihitish Consul at l''uncha! >ciil him home as a prisoner, aecoin- i/iiirdhy li.^cd her '• to dcpfiid upon her an\iliar\ en'.:ine." N\'lien the news ol' these procei (hnps was Inlly knov, n in London, Mr. -Vi'.a'iis hrou,iiht the snhjecl to the notice (?f ICail K'us.scll." In a suIksc- •jiiciii Mile he referred to this fact in the loliowinu' lan.iiua;^*' : '- ••Oil ihe JSth of N(>\i'i:d)er, iMil, I had the honor to transmit lo Vdiir Leidshrp certain evidence wliii'h went I o show that on the SIh of <>iloi'<'r preceding; a steamer had I-eeii dispatched, under the ;l.'.i Ihitish llaji, from I/»ndon, called tlu' "fcjca Kin;;, with ;i view lu ■ I niisr (.(' (lie Sllcll.'lllihial) I'.l. Illl-. I'.llisiiiis iilllihu it. \ III. III. p.iiji' :i."i'.) ; ^■|>1. \l. i)a;;<' •""'ll. llanisV iililiilii\ it. NO!. Ill, imui- 1!('>;>: Vol. \'l. |t.i^'i' ">"'l. '( rmsf ol" the .Sliiiiiiniloitli. |i:ij;i's !1». •JO. ■(' :iM> of llir Slx-liiMiilii:)!). pii;:;!' ',M. Vn|. Ill, jiiipi ;!i;:; ; Vol. \1, |i;ii;o .>!). Sec jiIm) llic otlliM illlltlavil.-. wliiill follDW \"l. \ !. {•Hlfto iu'i. 'riilsi'ol III)* Sliri);n)i1o.n1i, jmitc 'i2. '( iiiiHcof till' SI)ciiiiii(loiili, |ia;;i> '.ilt. 't iMJM'ol' ti)c SiiiMluililoiili, j»M;jr^JI. ' Aifiinn to l{ii*M-ll, Vol. Ill, jiuK"' :WU ^iiiiii' to Ktiiuu, Vol. Ill, inigv 377. i 1G8 INSURGENT CRUISERS. nict't jinntlui sNaiiKT, ciilK'd tlic Liimrl, likewise beaiiii}; that flaf;, (Iis|)iil(li( to ihe peo))le ot' tin- I'nited States, with whom ilii-at IJritain was at the time under soltiiiu ol»li;^ations to preserve the jieaee. "It lurtliei- apjiears ihat.oM or about the IStli of the same inontli, these \cssels m«-t ;it the phu-e a<;reejt>et ; and lastly, of a lunnlier of persons, some callin<; tlteiii- selves ollieers. who hail been bi'ouinht from Liverpool expressly to take part in the enter*prise. Of these last a i-onsidcrable |L'l; portion consisted of the very same |)ersons, many of them Ibitish sulijecls. wh»» had been rescued from the waves by Ibilish intervention at the moment when they tiad snrrenderetl trom the sinkin;; Alaltaiim. the lacvious history of which is but too well known to your Lordslii|t. " Thus e<|nipped. fitted out, and armed Irom (ireat Ibitain, the >ii<'- cess(»r to the destroyt'd cor>air, now assiimin;^ the name of the Sheiian doah, th<»u;4h in ii<» other i-espects chan^in.u' its Itritish ('haractcr. adilnssed il>elf at «)nc«' to the work for whicli it had been inteiitlcii. W no lime in her lal«-r career has she »'ver rt-ached a port of the eomitiv wliicii her commander has pretended to represent. .\t no instance ii:i> she earnetl anv national chaiacterist ic other than that witli which sin' started Irom (Ireat Ibilain. She has thus tar roamen a;;ainst the <-onse(piences of the iiioM piratical acts tVom the uifl of a nominal title which (ireat Ibilain liiM liest«)vved upon her <-ont rivers, and then reeo^ni/ed as legit imal in;; iluii suiM'essful fraud.'' it is not necessary to follow in detail the cruise of the Sheimndoali from Madeira to Melbourne, it is eniMigh to say that it lasted ninety days,' •during which time sevend vessels of tln^ nu'ichaiit fUM) marine of the I'liitecl States wt-re th of .lanuary, lS(i,"», hin "dropped anchor oil Sandiidge. a small town aiMiut two miles from Melbourm*.''- "Tlie Novendx'r mail fiom lasrope, wlii(h arrived at l\[elhfnirne aboMt the middle of .faniiary. had brought the news that the Sea King li.nl left l-aiglaiid with the iideiition of being (converted into a war vessel to cruis4' against the commerce of tiie Lnited States. Suspicions were at once aroused that the nevvlv arrived man-ofvvai under the insiugciii flag was no other than the Sea King; suspicions vvhi«'h were ccmhriiicil by the statements of the prisoners froiii the eaptuicd vt'ssels, and hy others.' ' ('riiiw of tile Sli('n:iiiil, (01, '.\)-2, lO.'., 4(17, niul 117. Tln> h:iiin' (lepohitionn niav Ih' I'ihiiuI in \'nl. \'l. riii.H )H)inl i>ppi>ai'sto liavti luu-n Heltltd brjuud «lonl)t. tk-e cxtrait fioui Mi-llMtuiin- IliiaM, Vol. VI, paj{»' i^'A), THE HHENANDOAH. 169 sill' f!i; lit'ii tloah •Vdiul TIk Consul of tlic T^iiitod States iipix'iirs to Imvo nctod with both ti'sy and vij^or. He ]>hif«'(l bcloic the authorities all the infoinia- iKur iKin in his possession, tending;' to show the illeinal oiij;in «»f the vessel, ;!ii(l llie liabilities which she was iniitosinf^- upon (Ireat Krifain I>y her depredations on the eoiMnieice ol" the I'nited Slates.' Me told iL'.'iJ the (ioveinor that the " Shenandoah, alias Si-a *Kin;^-,*' had nev<'i' ••enteicd a port ol" the so-st,vled ("onl'edeiatc States loi' the pnr- |M(S('s of naturali/.atioti, an committed il allowed to dt'part from 12(!| •this iMUt/'^ II(^ placed in the hamis «>f the Attoriu'y (b'lu'ral eoMclwsive "e\idence to estaldish that the Siienandoah is in tavt ilic Sea Kin;.;'."'' AN'hen it came tt> his kno Aixi' that W a«hiell was ralistiny;; '<'W in Melbourne for the Shenamluali, he put tlu^ proof «)f at (UK- 1'.; the hands of the (ioveriior." Wlien he heaid that .she uas ta!Jn;>' coal on board he communii'ated that iact also.' l-'rom the lM-;;iniini;;' of the visit of the Shenamloah at Melbourne to the Imur of lur departure, this ollicer was constant in his \ i;.;ilance, ami in his iliiirts to aid the Ibitish autluuities in the iierlbrmance ol their duties, lis the H'preseiitatives of a m'Utral initi«»n. As soon as she arrived, almost Iiefoie her ant'hor was dropped, her Kiiiimaader wrote to th«' (lovernor lor permis.sum to " nmk ami extent ot IllUll ■ .-'] hail 1 , d Id ■ iii;,dil WCl'l' JiCtIt ■ as |)i ■ and IIU'll I ~ 1 l>v ■ his re(piirem<'nts as re,i;ard«! n-paiis and supplies 10 Tl lis was tin ollieial answer. The ru>l'M iit(l. to .Mr. St'Wt.nl, Vol. Ill, pa;;!- :i~ t. 3 Vol. Ill, |iH>rt( :V.M ; Vi)!. VI, i.a«.- .'ilK Mllaiicliiu-il to Dariiii;,'. Vol. Ill, |.ii«.' :{\K ; Vol. VI, ihiko WW. ■ ■• ItiaiitlianI to Dunin;;. \„\, n|, |,..^,. .;;»: , Vol. VI, |)ai,'f '!(M». '^ IMaiicliaril to DailiiiK. Vol. Ill, |ia«ti;UH; Vol. VI. pa'cotHHi. "Vol. Ill, pngi^ m\ aiitl HU, 1(1.-, iititl 4(17. .s.i- also Vot VI. ' Vol. Ill, |ia;i..8 414, 4VII, 4-i:». 4'.>7, 4",'H. .s.. • also Vol. VI. "Vol. III. |iaj:!•'• •' WiMUkll to iJai-liiiu. >ol. V. paj;<- .V.W. " FranciB to Wadddl, Vol. V, puK" iV.nt; Vol. VI, paRo HiW, a INSURGENT CRUISERS. lie n-tiinicd hrforc muhili/Iit^ hovhifj .succeeded in hi 170 Siiry T<>]);i!rs. Two «!.i_\s wen; tilkrii to reply to (he (inrstioii iis fo llic iidIiiM' ani <»Xfiiirs ;uhI sil|i|»li(S. N\';i(l(lt'!i lllcll sl;it('(I. ;>> i'<';isoii v.iiv Im' conlil not yet report, thai tlic iDeeliaiiies liatl no} reidiiM.; to iiir.i. lie spoke ^cnevally alioiit IIm- eeiidilion o!" Iiis pi<)]iellei' slialt. and I lie b.'aiinj^s under water, and, lu' addeil, " the other icpaiis arc jm> ffrcsfiiiif/ ,-t!itiill>(.""' it llms apjK'ars I hat he liad l)een at I hat time llm, days in port, had niaih' no oliicial stalenient of the snpplies or the ii(t(> saiy re| ;:iis, and th;!t he Isad a Ibree at \voil< npon his ve^^sel, wiiliini; jiny report fo tlie (loveriior showinn the Jieeessity. The next liay lie was asked to ininisha list olsup|»lies re(juired initln iniMiediate use oT hi - vessel.' lie appears to have tui nished sueli a state- nienf, hut ii has not Ixcn printed in any doetinient uiililn i L'- the «i)ntiol of tiie I idled States. As the list is in the ])ossession ol'dreat iJritain. it will doid)tless hv' i)rodne;'d, if it tends to ivIium thai (loverninent irom responsiliility. Oil the loilowinji- day, I'cin;;- the liflli dayalU'r he arri\'ed in poit. ilu foiii Ih d:;y aftt'r I'.e received jtemiission to niake his repairs, and t'l third oi lonrili day alter the repairs v.cre eoninieneeil, he reporlcij i., the Ciovenior that the linin.y of the outer sternliaek (prolia!)ly nicanii:: the on; el" sternl»nsh) was entirely p)ne. and that in ordei' to repl.ici- i the .-''';:enandoah niu>t .uointo the (oivernnient slijt ftsr about ten tliy-. (.)n the 1st of Fehrnarvthe (iovernor assenteosiiion to stale more delinil Shenandoah will In- in a jtositioii to |)r<)ceed t(» sea. elv when tlie 'I'll;' reply shows that llie Slienamloah was then on ilie slip, anil \\;l> to l»e !anneiie«l tin' next day. lie thouj^ht he <'ould jiroeeed to Mill'. the ISli'h. ihoii;ih he had yet to take in all his stores and coals.' 'J'he next correspondenc l>etwe(-n W'addell and liie (loN-ernor's Si civ- tary Inrnishi's tiie solution of the delay in the orr^inal report npnii th' li'piiirs, tlu' delay in the <:-etlin:i' the vessel iido ihe slip, the del:i\ in jic' tiii'i' Ik"'" out of it. and tlie unreasonable time i'e(|nii'ed " to l.iKc in .stoix's, <'o:,is, and toswin^ tli(' ship." Diirni/r wli ihis time Waddt 11 IiihI lu'eii enli.stin^ men for tin' Shenandoah out of the stre«'ts of MellHuuni, and i.ad piotrarteil his re)>airsas an excuse Idr delay, whili^ lie Jilliduii the ihin ranks xii sation. An iiM|nirv was made of the (iov.-; nnnnt in the Lej;i-ilal!iic 1" know if I lei' .Majesty's rroclamation had not been violale«l by tiic Shenandoah. 'J'lie iiH'inber making' the imiuiry ealletl atteiitieu t" ' Ciiiisf- «»f tlic .'*Iii'ti:in«l«>:ifi, |n>K'' •'7. - Vol. W \nv/.r litiii ; \(ii. \I. [i.iui' <'l"- ■> Fraiit i.i to \V;iil fhi-ruiiiiiiixsioiici 111' 'Irail.-. Vol. V. pnj,,. (Idd; Vol. VI ■■ FmiuiH hi Waddeli, Vol. V. [y.v^f «iifJ: Vnl. \ I. ji!V'>,« 1154. " Fiamis lo Waihlcll, Vol. V, jinp' !»»•.•; Vol. ^ 1. pap> (14^. ' WatJdrl! to Francis, V •!. V, jiaj^i- (itl-J ; Vol. VI, pa^p (ii4. •" Fiiiiu i.s Jo WaiMi-il, Vol. V. pajji' ii(f.i; Vol. VI, payr. «i44. "Wadth II to Francis, Vol. V, laye m-4] Vol. VJ, page (141. i»l. THE SHENANDOAH. 171 [1.10] tlio news of I lie (l('*i);ii'lm'(' (tl'tlir Sew Kiuix •". "iii T>(»ii(l<»n lor tiic liurposc of l>»iii,y' coiivcilcil into a criiiscr, and he sliowcd tliaf tlu' Sea Jvin,ii' and tli<' Slicnandoali were the saiac vcsm'1. 'I'lic iloiisc \v;is opposed to liini, and lie was ealled to ordei' as lie did (liis. 'I'lie ("lii'f Si'( retaiy repiieil, not so inneli ealiinu' in (|nestion (lie identity «tf the Sea l\in.n' with the Shenau(h)ah, as diaild in;>- tite |>;opriet,v of aeeepf in-; llie fact on tiie e\ idenee (pioled by the fornier speaker; and he Mildeil lliat, '• in (h'alin;;' wilii this vessel, they had not only to consider llic Iri'ias of the proclamation relerred \i), biil also llw conji'lnififd iu- xlniilioits/'niiii I lie Unnir (lon niiiK iil."^ Here tlie Tniled Stales learned for tin- lirst time that, in addition to the piililislied inslrnctions which were made Known to the world, there were private and eonlideiilial and jterhaps conllielin.y; instinctions on ill is sul)iect. It is licNoiid 1 heir power to Inniish to lliis'l'rihnnal copies (.f these conlidcntial instinct i(»ns. Should their prodnciioii he deenietl iiiipnrtant by Iler ."Majesty's ( lovernmeiit. or .•.lH)iild they l<'nd to iclieve (neat IMitain from lialiility to the riiited States, they v.i!l. niidoiiln- edly, he fninished to the Trilmnal. |i:lij The Consnl of the I'liited States a' McHior.rne ^'penetrated the ri^asoiis foi' WaddelTs delay, and supplied ihe ('idoni.il Aiilinai- ties with eviih'nce iha! men were heiiiu' enlisted at i\leil»unriie lor the Shciiniidoah. His lirs! Ic'tei' to tiie as refused.' Till' iieM day h<' went ayain. and ( 'aptain \\ addell '• slated, on his honor ami Ihiih as a j^cnileman and an oliicer, liiat there was no such person ;is Charley on board."" On the eveiiiiiji' el the same da.\ ( hailey and iliiii' oilici' men who had lieen "ulistcd in .Melboiii lie wcic arresli-d as 'Viil. V, pjijio (511 ; V»)l. VI. ])i\ii>iil Cni iii .In d tiir ex idi'iici' ol' ilic iilcu- ' i> III' ll:c l\vi> vi'-sfls. Vol. 111. piijii' ;'.~.i; \'iil. \'l, pajii' ."I'ja. •I!l,iii(li;ii(l lo l);r,liii;:. \'iil. 111. i«;i;j,v 1 .'n ; \,,\. \|. p-i^c r.-i.'.. I'.l.inrli:inl (o Dilliill-. \o\. Ill, li:i;,r,. .Jl I ; \',.l. \'|, pjir,. (ill). \iii. 111. ]iii!i<' t-'i ; Ni'l. V I, luiLiv r.j:.. Vol. III. |,ii-(^ t-JJ; Vol. VI. IKI-r tiJti. Till- .sicoiiil siilioii ol'ilic I'oici.;!! 1 jilisliii'Mit .\<'t oflHii) madi' it illcjjal to ]>ro,iir«> :iiiv pcrMdi to ciijiJit;!' lo ciiii.sl a.> ;v .--iailoi' in fvn sitv ice iiiidcr any prf^on .ns>niiiiim to •■xciciM- any iiowiTs ot' p>vi rniiiciil, or lo a;fi'('i'-lo j;o I'roin an.s pailol' Iler .M:: ji'siy's iliiiiiiuiiirs I'lirllii' piir|iii.H(^ of liciiifj; so I'lilislcd ; ami prr.sons roinniiti in ,; that MH'tpso «in' ti) Im' (Icciiii'd t^nilly of a inistlciiM-anor. anil lo lie pnni.slicil, on convii'tion. In lino "i' i"'iuis(iniii('iit, or l>otli. It. would Itc ilillii nil to dcscrilii' wimt Captain \Vadd< II 'Kiiiaily did at .Mrllionrni' in inon^ aicnrato hingnajjt' tliau tlii^i. •Vol. \', pa;:ti (llrt; \'oi. VI, luii^i' (iii.'t. '^^Jl. V, pa^ff tUH ; Vol. VI, paye tiOi. lili^f nil 172 INSURGENT CRUISERS. '^ that thov .j;;:5! Tho they left tho Sliouaudoiili by tho water polico,' thus sliowiii must have hoou tlicn^ all tlic wiiilo. In ("()iis('(nu'ii('(* of tliis tlu' ]H'niiissi(iii tomal'c n'jtairs was siispciidcd; but it was soon restored. The reason yiven lor tin* restoration was that. Charh'v beiiij;' taken, Waddell was "in a ])osition to say, as coininandiii^ oflieerol'the ship, that there were no i»ersons on board i'xeept those whose names are on tlie sliippin;^' artieU's, and that no on<' lias hccii enlistetl in the MM'viee of the ('onfederate States since arrival in this port."^ It does not ai)pear tlnit Wad:ably (lisn'speettnl and insidliiifj:.-' *Tlie Mell)onrne anthorities did not insist npon havinj; such an assnrance. The Secretary of tlie (irovi'riHn- had said that Wad dell was in a i)osition to j;ive the assnrance; that was enonjil Chief Secretary said in th<^ Assenddy, speakinyj of the enlistment (»t •'Charley,'' "it appears to me ami to the (iovernment that if anythiii;' can be a violation of strict nentrality, this is it ;"•' bnt lu' added, in ;i few moments, (his attention bein(il., Vol. V, |»aj;i> ()()."•. 3 Vol. V. puK.' (iiit ; Vol. VI. i>ik«« iym. * Vol. V, inn{es r>v'(* aiitl ()()7. " Jiliiiielmnl t<. Daiiiiig, Vol. Ill, pages 425, 426 ; Vol. VI, page 030. \U\\ THE SHENANDOAH. 173 of men wciv about violatiuj^ the nciitnility laws."' The Solicitor said 111' niiist ««) fo liis (liuiuT, and passrd on. Tlu^ C'oiisul tlicii went to several otlicr otliccrs in oriU'V to scciiit^ iinincdiatc action on his coni- |ilaiiit. AnioMj; others, In* went to the Attorney (Icncral, who sent him roiinotlier Solicitor; but he conid ^^et no one to attend to it. and the Sliciiandoah lett early in the morning" of the ISth without further l^ritish iuU'rtcrcnce. Tlic attention of the Tribunal of Arbitration is invited to the fact lliat a swc.rn list of the crew of tln^ Shenandoah is attached to an alli- (liivit iuan at Melbourne, liiT iWrce on leaving" would ha\-e been thirty three marines, lireiiien, ind oidiiiary seami^n. One ollircr :in lifl\ three. She was a full-ri^ificd ship, L'L'd feet in lenulh iiiil .M icel Immui. and carried royal studdiii^-sails, and reipiired double '1 tu'lile that uund)er ol' men to make her etfectivi; as a nmn-of-war iiie Tribunal w ill see how important it was to r«H;ruit njen at Melbounu' II 721. ' Lord lu IMiiiulianl, Vol. Ill, pu;;f I'J'.l ; Vol. VL paj^t" •i^'o. = Vol. 111. i»a};<> 477 ; V..1. VI, I'lW 7(>:». => Vol. in. i.aj;<' •J'^H; Vol. VI, Diif^.' 711). M ol. 111. i.ajr,. 4Ml>; Vol. VI. pa^"' 7J7. "Vol. HI, j.aKi'H 4H1I, 4')(»; Vol. VI, l^W *< r\iisi' ot tlu' Kliunaiiduuh, payc 4'-i. ' Htiil., i>a;;,v <''<' exci-cisc of the most unij. nary diligence, it oujiht to have heen stopjicd alter the Consul's Ictii" of the Kith of I'eliruary. It oujiht to have !»een stopped alter liislcitcr of the Mill. The autintrities should have detaincil the Sheiia!i(lii;i!i on the informati(Mi lie conuiiunicateil on tlu^ 17th. Most of the nun weiklon hoard that iduht. It was a jireat ne,:ili;;-ence not to have ]nv- vente tiie Tiiljunal of Arl)itralion that iiie least mensiiii' of " dili.ii'cnce "' would have discovered the fact to the local autlioi iiji ^. Tlie pei-adttin.ii" a shipment oi' thiec hundred tons of co;d at Mvl Ixmine was also a violation of the duties ol a m-nlral. The Shen; aidiMii w as a sailin,;;' vessel. Her steam power was auxiliary. l-'rom c:al,\ Si -Veil Dccemlier initil two (hiys bclore In r arrival at .Alejhonrm'. s(»me weeks in all,'' she was luider sail, without usin''- hei' steam: she wnit from Land's lOnd to .AIad<'ira ia .he sanu^ wav, Shi took wisen s!ic left London, a sunplv of coal fia' twel'.c nn)nth.- on 1m ) I \V lull! ilrcd tons of it remained when s!ie reached .Melbourne. IShe re(jiiii(M| no I'resli sn|>ply to enable her to relurn to an insurgent pint, ami sin- Koiiyht it only for the purpose (sf cruisin.i;' a;^.finst tin- coaimerce of tlio I'mti'd Stalt's, thus makin.'^' Melbotu-ne a b,;se of the insur,u('id naval opei'ations. *Tiie United States arc of ila- o]iiiMon that it [!!"' v,as a breacli of the duties of an imparti.d nepirai to permit un- limited .sapplii's ol" coal to lie furnished <;» the Shcnandoali in a lliilisli port, ir.uh r circumstance similar to tl.ose la which like sn|)i)hes l!i heen reliisc il to tlie \('ssels of l!a' I'liilcd .^•■tates; and tliat it was >, stii! jirciiler \ielali!ili, |)!i^i' IK!. -\iil. Ill, ]>a;;<- i:ir.; \ nl. \ I. ii;ii;v (is;{. 3 Vol. Ill, !> •.^.' 4:!(i ; Vol. \l. iiii^^' tiS-l. * Vol. III. p:i^!;<' r.iti ; \'ol. \ 1, )iaj;i) t)S5. " Ittiiianr.s Ncntrality, (laiif l;!l. •-('riiisc ol' the Sliciiiiiuloali, payees (i:i-I)4. 'Scliutchcr's iiUhliivit, Vol. Ifl, page 305; Vol. VI, p.nge 58G. 'fniisf, of tlif t? ■"'ill., pan;,. CT. "WaliicT to 13oL't THE siii:nanddaii. 175 WIh'Ii tlio Slionaiuloiili li'ft London she took {xeiioral supplies lor ji \(';ir; \<'t slic was allowed to replenish at ^Icllioiiine wiliiiu less than six iiidMlhs IVoni the lime ofleavinj^' liOiulon. It uiiist he eoneliided iVoiii the (leelaial ions of (he author of Mie Trnise of the Shiiiandoah, iliiit when this was done she had enoii;;h supplies on boai'd for tlu' sid>- •istciice of the crew to (he nt'ai< St insin'm-nt port. The addition oh- li; Inlll 1 at Melhourne enabled her (o continue her hostile crui.se and to lit uj>tln! icy seas of the north with the lir<'s of Anieiican Ncssels, iilti-r the ndlitary resistance to the I'nited States had ceased, iiie I'uitcd States further insist that wlien tlie authorities at .Mel- e perndtted th(^ Slu'inindoah to make repairs to her machinciy in iiDiirii ti. liiiit port, a still jurt'ater violation of the duties of (ireat ilritain as a iiciitral was connnitted. It lias Just been shown that this xcssel was under n(t necessity of iisiii!^' her steam ; that slie had i^'oih' to ^Madeira under sail; tliat she iiad niiiic from the Cape of (lood Hope to Meiitourne under sail. I'or many (|;iys before arrivinji' at Melltourne '••a heavy and continuous fiale" pre- Viiili'd.' At its hei,!4ht it was "suidime beyond description," and the Sliciiaiiiloah "'drove before it at the rate (d' eleven knots an hoiu'. un- >r close-reefed topsails and reefed foresail."- Vet tlu' author ol the li'uiisi'of the Shenaudoidi makes no mention ol" any injury to tlie ves- .il. (U of any lea!;, and there i; nothin;^' to sln)W that the hull la'cded ,,ii,iiis. or that auythiujn' was dune to it except that "a ^anj- ol' calkers , iv |)r(iciu('d and v\cid io work upon the decks with pitch and oakum."' i.H' I nitcd States are convinced that no other ri-pairs \>(re iM'ce,-s;iry imtlic hull, and that if the deitarture of the xcsscl was delayed foi' ilio iiviciisible purpose of fnilher icpairs (o the vessel itself, the prcieuse, \v,is made solely for the purpose of delay. Tile repairs to the machinery, asdistin.uuished fromthehnll, were made with the object of cliablin;.;' the Shenandoah to jno to the Ali'tic IL'j Ocean, there to destroy the whalers of the Tnited Srates, *iu accordance with IIuUocIc's instructions to Waddt !1 iicibre he left !.;v('.|iool.' it is evident, not only from the absence of any mention of liiiini.v to the hull by the autiior ol' the Cruise of (he Shenanduali, but uix) iVum the statement of i-xpcrts of the repairs winch the maciniiery iivi|iiiri'(l, that lln^ hull was sound and seaworthy, an iisf of the SIi(.'iiaii(l(iiili, piif^i' ()(■>. ill., ii;!-;!' (w. ill.. \KVj,r KM. Hi, i>ii,ui! 'Itil ; V(.l. VI, piifjo 70.'j. i> iiiif tliat llic iiiMir^cMts lia.liiii ports ut tliat tiincwliicli tlic Sliciiandoali cotild . Wi'miiijitoii, (lie last of tJicir jiort.s, wa.s closed l)y tlic captnrc of l''oil J'islicr, liiiwcvc T, wa.s an addilional ica.son wliy (lie Siiciiaiuloaii .slioiUtl not have Ik'cii 'il to li-avt! M(llu)miu', ( {uryinji ii Hag tliat liad no porf, to icci'lvc it. Sets tlio -piiailciKH) betwei'u the. United Htatt'.s and Poituyiil rufencd to iiutc, page WJ. alkcT to Hoggs J V«)l. VI, pages I7b-U. w 176 INSURGENT CRUISERS. •Tut'iity-foiir hours rhipscd bcforo niiy qnostioiia wvro ])itt to [M.T Capfiiiii ^^''iul^l('ll by tlio local juitlioritics. 'I'lu'ii \\v wsix told to stiiU' wliiit ivpiiirs hv waiilcd, in order that the (lovcrnor ini^^ht know how Ioiijj: he was (o ciijoy the hospitalities of I he port. Jle (lelayed tor two . wcic to examine the pi(>i)eller and Iiraeinj^s (proI)al)ly ji nusprint lor "hem inj^s"') uiKh-r watei'; that a diver had that «lay examined them; iiml that ''so soon as M(>s.srs. Langland lirothers ^: Co. shoidd hand in tlicii repoit" he would inelose it. Two (lays later, on the .'JOth, Langhnnl brothers »& Co. made their re- l)ort. "after inspeetion by the «liver,'' sayinjf that ''the lininj; of the oidei' slernbat'k'' (probably a nusprint for "sti'rid)nsh") is entirely {foiic. and will have to be replaced; that "three days will elapse before sli(> ii slipped," and that they " will not be able to accomi»lish the repairs witiiin ten days I'rom date."' Tin' Tribunal will observe that it was proposed that two kinds of iv- ])airs should be made. Theliist <'lassdid not re(pure the vessel to jjointo the slip. These included the calkinj^ referred *to by the author of the Cruise of [141 the Shenandoah,- ami perhaps also repairs of a general (character, which all steam machiiu'ry requires alter having been run for any le!);,'tli of time, such as r<'littiug of brasses, j)a<'king stnning-boxes, examiiiiii:; an time with tht^ others. The other class of repaiis w<'re those which Langland lU'others & Co. were to report upon — repairs to the |)ropelIer. It ajipears from the re- ]>ort made by these mechanics on the ;>(Kh of January, that they fomidt'il their estimate ui'K)!! the report of adiver. Mecdianics ordimirily liavcto depend ujion such a report, and (o found their estimates ui)on it. Tlir examination of the i)ropel!er of a scr*'w-steamer, and <»f its beai- ings *below the walcrline, is a simple matter, and takes but a [li", short time. It is conlined to (he stern of the vessel. A practi- cal expert can go down, satisfy himsell of the extent of the injury, nrl return and report in a few minutes. I lad the (lovernor trcatecl Captiii:; \\'addell as Captain JJoggs was treated, (he examination could en have been made on the morning of the L'iJth, and the whole extent the injury could have been reported to (he (Jovernor on (he afternoon n' silv lie tlid not send his diver down until (he L'S(h ; he did not get the otti cial report of his met hanics until the .{Oth. Thus he spent tive days ii doing what could have been done in live hours. There nuist have beii a njotlve for that delay; the Uuit sity to eidist a crew. ' Wadilell to Francis, Vol. V, pago fiOO ; Vol. VI, page 040. < Cruise of tbo Slienaudoab, pago 77. The Tril extent of h lie reporte entirely gii under wa(e .jmy [4t(i )i nami The 1 c I ( ft U( )l Ik di the sanu' day within twenty-four houis after the arrival of the vessel i;i ■] ndnn't of (li .slip, the pi then (In* n s(enihnsli, coidd he c( slip. II tin ccived moi( Iiinds, whici It (hereto Mclhoarne . (ireat Ihita lirodiers »S: ten days a every re(pns (liver, excli liiinfjlands) hy( [•147J (wo a<-tual on hoard thn mate. Instei tlic Alelhonrn I'liiir days. 'J ot the lorty-t •I'ldcr the eii 'liiwdled alouj tliorities, to i Mpociallyifit ^viis on board I'liirs, and ass that (his (act t'lninent engii to see that VVi Leaving Me to the J [US] issued 1 the wha "pr attacks up l)ort. Captain Waddell, however, was not re one;' aini tlieii the renewal of the li;>!iumvita' lininjj;, teehnieally known as tho .stenil)ush, the only repairs whi(;h the experts reporti'd to be neeessary, ('(iiiM be completed two or three days after the ship should be on tho slip. If the vessel was necessarily lon^icr on the slip slu' lunst have re- I'civcd more repairs than are described in theollicial report of the Ijaii^- laiids, which end)raeed all for which the permission was {^ranted. It thcrctbri^ appears that, o\i the supposition that the authorities at Mi'lhoiuiie «'(Mdd, under the circumstances, without violatinj;' the duty of t'licat liritain as a neutral, permit the repairs reported by Lan;;;land ilidtlicrs iS: Co. to be made, the Shenandoah should have yone to s«'a in tell (lays after her arrival. This estinmte j;ives the extreme tinu' for every riMiuisite sl»'i), viz: one I'alendar day for the examination of the (liver, cxchulinj? the day of arrival; three days (the estinmte of tho Laiifilands) for pnttinj; the vessel 'w the slip; three days for the repairs by the Lanjulands; one day lor ;;ettin;;' her out of the slip; and [U7J two days for *reloadin}j[ and };ettin^' to sea, v.hicli was the time actually taken ; but as, during' this time she unwarrantably took on hoard three hnndred tons of coal, this is probably too lar^e an «'sti- iiiate. Instead of re^piirin}*' these repairs to be comi)leted in ten days, tlie .Melbourne authorities allowe«l the Shenandoah to stay there twenty- liiur days. The «'xtra fourteen days were occaipied in the recruitment lit the torty-three men whom she carried away with her. It is dilHcidt, under the circumstances, to resist the (conclusion that the repairs were dawdled alonjj for the pnriwse of securing? the recruits, and that the au- thorities, to say the least, shut their eyes while this was j^oinji' on; ospoeially if it be true, as said by Temple, that the (love'rnment engineer was (HI board three or four tinu's a -% <^. ^ '# C? / fliotographic Sciences Corporation ,-v 4^ <^ ' 2 1.^03 cS^ ,<° €P. .pear — " 1. That .iie Sea King did depart from a British port armed with id! the means she ever had occasion to use in the course of her cruise againts the commerce of the United States; and that no inconsidcnible portion of her hostile career was passed while she was still registered as a liritish vessel, with a British owner, ou the otlicial records of the Kingdom. " 2. That the commander had been made fully aware of the snpi»res- sion of the rebellion the very day before he committed a series of out- rages on iiniocent, imlustrious, and unarmed citiirens of the Uniti-d States, in the Sea of (Okhotsk. " 3. The list of the crew, with all the particulars attending the sourees from which the persons were drawn, is believed to be so far suh- ' V'ol. Ill, p.-i^os 4^-2, 483 ; Vol. VI, pai^n- TOO, et siq. m coiilirnicd liy llathiiwiiy's iUliidivvit, Vol. Vil, pajjc •'' Vol. III,'i»ii<;c. 4.')^< ; Vol. VI, i>:i,u;i' dtW. ^Criiiso of till' Slicnaiidoali, iVh) : Vol. Ill, page 44i). 6 Chock to i'ajutor, Vol. Ill, payo 505. • Vol. Ill, iJiige 475. This statomeut by Tciuiilf is THE SHENANDOAH. 179 [451] stantinlly *cori'(:'ct as to set at rest the pretense of the oflieer sent on board that there Avere no British subjects beh)nging' to the V'f.sel." The United States confidently insist tluit they liave incontestably es- tablisliod tlie points there <'lainied by Mr. Adams; and further, "4. That the Slienandoah was fitted out and armed witljin British jurisdiction, namely, at London, for the ])urpose of crnisinj? a;;ainst the United States; that Great Britain had reasonable ground to believe that siR'li was the case, and did not use due diligence to prevent it. "5. That she came again within British jurisdiction, where all these facts were open and notorious, and the Jiritish authorities exercised no diligence to prevent her departure, but claimed the right to treat her as a counnissioned manof-Avar, and to permit her to depart as such. ''0. Tliat twice within British jurisdiction she received large recruit- inonts of men, without due diligence being used to prev<'nt it: 1st. At Liverpool, from whence the men were forwarded by the Laurel ; and, I'd, at Melbourne. "7. Tiiat she was aliv)wed to make rei)airs and to receive coal and sniiplies which were denied to vessels of the United States in similar circumstances." [1,j2J The subsequent career of the steamer Laurel, *which, with the Shenandoah, formed the hostile expedition against the United States, tlirows additional light on the sincerity of the British neutrality iutlie case of the Shenandoah. On the 7th of March, 1805, Mr. Adams wrote as follows to Earl Kussell : "I am ])ained to be obliged once more to call your attention to the proeeedings of the vessel called the steamer Laurel : ''This is the vessel concerning which 1 had the honor to make a repre- mentation, in a note dated the 10th JiTovember last, which appears to have proved, in substance, correct. "Iler dei)arture from Liverpool on the 0th October, laden with men and arms destined to be placed on board of the steamer Sea King, her meeting with that vessel at Porto Santo, in the Madeira Islands, her subsequent transfer of her freight to that steamer, which thereupon assumed the name of the Shenandoah, and proceeded to capture and destroy vessels belonging to the people of the United States, are all facts now established by incontestable evidence. "It now appears that this steamer Laurel, Iniving accomplished her object under British colors, instead of immediately returning to this Kingdom, made her way through the blockade to the i)ort of [4o3J Charleston, where she changed her register and *her name, and assumed to be a so-called Confederate vessel. In this shape she next made her appearance at the port of Nassau as the ' Confedort8 of a number of British vessels, with the aid of the recognition of their belligerent character in all the ports of Her Majesty's dependencies around the globe, has resulted in the > Vol. Ill; pago 339. > Vol. UI, page 341. > Vol. Ill, page 533. SUMMARY OF THE POINTS ESTABLISHED. 181 burning and destroyinj? on the ocean of a large munber of merchant vessels, and a very large amount of property belonging to the peojjle of the United States. "8. That, in addition to this direct injury, the action of these IJritish- biiilt, manned, and armed vessels has had the indirect etiect of driving tVom the sea a large portion of the commercial marine of the United States, and to a corresponding extent enlarging that of Great Britain, thus enabling one portion of the J-ritish people to derive an unjjist advantage from the wrong committed on a friendly nation by another portion. "J). That the injuries thus received by a country which has meanwhile sedulously endeavored to perform all its obligations owing to the imper fection ot the legal means at hand to prevent them, as well as the [457] unwillingness to seek for more *stringent powers, are of so grave a nature as in reason and justice to constitute a valid claim for reparation and indemnilication." The United States, with confidence, maintain that everj* point thus asserted by Mr. Adams has been established by the proof hereinbefore nterred to. In leaving in the hands of the Tribunal this i)art of their Case, they think it no impropriety earnestly to call attention to the majjnitude of the issues to be decided. Many a vindictive and bloody war has grown out of less i)rovocatiou than the United States thus sutfered from a nation with which they sup- posed that they weres holding friendly relations. On the 4th of July, 1777, during the war of the American Revolution, Lord Stormont was iusti'ucted to say to the French ]\linisters that " the shelter given to the armed vessels of the rebels, the facility they have of disposing of their prizes by the connivance of the Government, and the conveniences allowed them to retit, are such irrefragable proofs of support, that scarcely more could be done if there was an avowed alliance between France and them, and that we were in a state of war with that King- dom." He was also directed to say that however desirous of maintain- ing the peace. His Britannic Majesty could not, "from his respect [4o8] to his honor and his regard to the interest of his aading *sub jects, submit to such strong and public; instances of support and protection shown to the rebels by a nation that at the same time pro- fesses in the strongest terms its desire to maintain the present harmony subsisting between the two Crowns."' The injuries intlieted upon the United States during the insurrection, uuder the cover of professions of friendship, are well described in this language of the Ministers of George III, except that the insurgents were allowed to burn, instead of assisted to dispose of their prizes. But the United States, although just emerging from a successful war, with all the appliances of destruction in their grasp, preferred to await a belter state of feeling in Great Britain, rather than follow the exami)le of that Government in resorting to war. The time came when Iler ^Majesty's Government felt that it would not be derogatory to the ele- vated position of their Sovereign to express regret for the escape ot the cruisers and for the depredations which they committed. The Tiiited States, receiving this expression of regret in the spirit in which it was made, stand before this Tribunal of Arbitration to abide its judg- ment. If the facts which they bring here constitute, in the opinion of the Tribunal, no just cause for claim against Great Britain, they must • Vol. Ill, page 599. 182 SUMMARY OF THE POINTS ESTABLISnED. bow to the *(locision. But if, on the other liaiul, Grosit Britain [459] shall not be able to oxitlain to their eoni])lete satisfaction the charges and the proof whicii they inest'iit, tlu> United States will coniit upon an award to the full extent of their demand. They feel that it is their duty to insist belbre this Auj^nst Body, not only in their own inter- est, but lor the sake of the luture peace of the world, that it is not a just perfbrniance of the duties of a neutral to ])erniit a bellijierent t-o carry on or^janized war Ironi its territories against a Towcir with wliidi the neutral is at i)eace. If this Tribunal shall hold that combined operations like those of Bullock, Fraser, Trenholm »S: Co., Iluse, Ileyliger, and others, (wliich in the judgment of the United States v instituted an organized wiir.) are legitimate, their decision will, in the oi)inion of the United States, lay the foundation for enre venting, within its territory, the con- struction, arming, equii)ping, or titling out of vessels by one belligerent, Avhi<'h nuiy be intended to cruise against the other belligerent, or tlie fni'nishing" of arms or military sui)plies to such vessel, or the recruit nuMit of men for such belligerent, are to be limited to the exercise of the powers conferred upon the neutral (Jovernment by numicipal law, the United States, with their extended fr«mtier on both oceans, have more *interest than any other maritime Tower in recogniz- [101] ing that fact. If the recognition of belligerency by a neutral, in favor of an organ- ized insurrection, authorizes a so-called Goveriunent of insurrectionists to issue commissions, which are to protect vessels that may have violated the sovereignty of the neutral from examiiuvtion, incpiiry, or punishment by the neutral authorities when again within their jurisdiction, tlie United States, and other nations here represented, nuist hold themselves at liberty in future to conform to such measure of duty, in that respect, avS may be indicated by this Tribunal. If Georgias, Alabamas, Floridas, and Shenaudoahs may be allowed to go out i'rom neutral ports without violations of international duty, to prey upon the commerce of friendly nations ; if it be no oft'ense to recruit men for them and to send the recruits to join them in Alars, Hermiida.^ lie relievt dillienltie!' If Tall a ritory, wit the [WU] ri.M CoUi when view iiiary intei And if i tnred earg e(l}ie and Powers, k will be the It will d precedents The Uni the attenti^ tVom this ' eoniphiint j The I'lxe snhjeets, ei B( [4(Jo] Belg had i The l!:mp laniation co struggle en States whic States rel'ei man's vesse ernment nn The (Jov( ports, and subjects ab liave \M kw The Gov( minions ag; had no con so far " as t l>locl. [1041 *coal Willi ^vall came i intwenty-f( tins honora The Prus ■^liipping or SUMMARY OF THE POINTS KSTAHLISIIED. 183 npnnndnH, Biiliamns, iiiul Laurels, tlio United States as a neutral will !)(• relieved, when other States are at war, IVoin a ju'cat part of the (lilliciiities they encounter 'in wateliinju; a lon^' line of coast. If Tallahassees and Chickauiau^as may be constructed in neutral ter- ritory, without violation of international duty, to serve as it may suit the ])leasure of a belliyeient, alternately either as blockade- I4C2] rii'ou'ra or as men-of-war, those maritime *nations whose normal cout .tion is one of neutrality need not rejiret such a doctrine, wlicu viewed, not in the liyht of prineiple, but as affecting- their pecu- niary interests." And if it b(^ no oflense, as in the case of the Ketribution, to take a cap- tilled carfi'o into a neutral ]K)rt, and there to disi)ose of it with the knowl- cdjje and without the interference of the local maj^istracy, the maritime rowers, knowing;' that such buc(^aneerini;' customs are to be perndtted, will he the better able to jiuard a*;'ainst them. It will depend upon this Tribunal to say whether any or all' of these precedents are to be sanctioned and are to stand for future {guidance. Th.' f" nilui't ol ntli'M' t;nti(i)»s i uij- lri.il. 'il viilh lli,it 111 tin-.:t llrit.iin. The United States, in closiuf? this brauch of the Case, ro(;- lamation commanding his subjects to ''maintain a strict neutrality in the striisgie entered ujwn between the Government of the Union and the States which pretended to form a separate confederation."^ Tiu> United States refer to the foregoing recital of tlu^ i)roceedings ag;iiiist j\Ir. Ar- iiiaii's vessels, as a proof of the lidelity with which the Imperial Gov- t'lnineiit maintained the neutrality which it imjjosed ui)on its subjects. The (lovernment of the Netherlands forbade ])rivat('ers to enter its ports, and warned the inhabitants of the Netherlands and the King's subjects abroad not to accept letters of nianiue/' The United States have 110 knowledge that these directions were disobeyed. Tlie Government of Portugal shut the harbors oi' the Portuguese do- minions against privateers and their i)rizes.* Of this the United States hail no complaint to make. At a lat<'r ])eriod that Government went •solar "as to forbid the coaling of any steamer designing to violate the blockade," and to "require a bond to be given, belbre allowing [404] *coal8 to be furnished at all, that the shij) receiving the supply will not run the blockade.''^ When the insurgent iron-clad Stone- wall came into Lisbon Harbor in March, 1805, it was ordered to leave ill twenty-four hours." The United States bear willing testimony to this hoiiorabl3 conduct of Portugal. Tlui Prussian Governiueut announced that it would not protect its shipping or its subjects who might take letters of marque, share in pri- ' Vol. IV, na.ro 3. 'Vol. IV, page G. -Vol. IV, pago 4. , . e, ■• Vol. IV, page 7. Mr. Harvey to Mr. Seward, Diplomatic CorrospoiKlence, 18(14, part 4, page 296. ^ Same to same, Diplomatic Correspondence, 18(55, part '.i, page lOt). rR 184 SUMMARY OF THE POINTS ESTABLISHED. Viiteoiinj'' enterprises, carry inercliaiidiise of war, or forward (lispatclics.' The United Stat-es have no reason to sujjpose that the snbjects of tlie Kinfi;' of I'rnssia departed from the line of duty tlius indicated. The IJussian Government ordered that even " the flag of men-or-war beUMijiing to the seceded States must not he saluted.'" !Sl)ain followed France in tlie track of England,'' but care was tiikcn to avoid, in the lloyal rroclanmtion, the use of the wovd " belligerciits."* It has been seen with what fidelity and impartiality the authorities at Cardenas carried out the letter and the spirit of this iiroclama- tion, when the *Florida arrived there from Nassau, in the sum- [4051 mer of 18G2. The ]!}mperor of Brazil required his subjects to observe a strict luu trality ; and his Government informed them what acts of the bcllifii'i'. Guts wvere " extensive direct losses in the capture and ^""""'^'"'>»- (lestnu'tion of a large number of vessels with their cargoes, and in the heavy national expenditures in the pursuit of the cruisers, and indirect iiijuiy in the transfer of a large part of the Anu'dcan commercial marine to the Ihitish Hag, in tlie enlianced i)ayments of insurance, in the pro- lonj^atiou of the war, and in the addition of a large sum to the cost of the war and the suppression of the rebellion." They further said that tlie amount of the direct losses to individuals '• which had thus far been inesented, amounted to about fourteen millions of dollars, without inter- est, which amount was liable to be greatly increa •icd by claims which hud not been presented:" and that the direct loss to the (Jovernment " in the pursuit of cruisers could easily be ascertained by certiU- [108] cates of Government accounting oflicers." They added tliat *"in the hope of an amicable settlement, no estimate was nuule of the imliiect losses, without prejudice, however, to the right of indemnifica- tion on their account in the event of no such vsettlement being made."^ The British Commissioners declined to make the " amicable settle- ment'' which was proposed on the part of the United States, u.i.vticn ..r th» The Joint High Commission then entered into negotiations ol;;',,,';^',,;!;,',^!;"''"'' which resulted in jin agreement "in order to remove and „/rr™on'' ty" t'ho iidjiist all complaints and claims on the part of the United '"""*• States, and to provide ibr the speedy settlement of suith claims," that iill the claims " growing out of the acts con)mitted by the several ves- si'ls which have given rise to the claims generically known as the Ala- kiiiia Claims," should be referred to this Tribunal of Arbitration. It WHS iiuther agreed that this Tribunal, should it find that Great Britain liad, by any act or omission, failed to fulfill any of the duties set forth iii the rules in the sixth article of the Treaty, or recognized by princi- ple's of International Law not inconsistent witli such rules, might then "proceed to award a sum in gross to be paid by (xreat Britain to the United States for all the claims referred to it." [lOOj *The claims as stated by the American Commissioners may be classified as follows: r.,.,„r,ni statement 1. The claims for direct losses growing out of the destruc- "f ""^ *-'^'"*- tiou of vessels ^md their cargoes by the insurgent cruisers. 2. Tlie national expenditures in the pursuit of those cruisers. 3. The loss in the transfer of the American commercial marine to the British tiag. 4. Ti>e enhanced payments of insurance. 5. Tiie prolongation of the war and the addition of a large sum to the cost of the war and the suppression of the rebellion. So far as these various losses and expenditures grew out of the acts ' Ante, pages 10, 11. 186 A SUM IN GROSS SHOULD BE AWARDIJD. liwi The Oovcriiiin'iil vc comiiiittod l».v tlio several eriiisers, the United Stiites nre entitled to ask coiiiix'iisation iind reiiinneiation tiieiclor bet'Dre lliis Tiibunal. The i'liiiins for direi^t h)sse.s ;;n)\vin<;' out of the destrnetion of vessels ii!id their ciirmoes may he fni'ther snixlivided iiito : I. ('luiiiis ..t.i..,tr,„i,m,..iv. .. lor (lestrnetion ol vessels and property oi the (>overiniieiit (4 the Tuited States. U. Clainis lor the deslrnclioii of vessels and property uiidei' the Ha^' of Ihe United States. .'}. (Claims for (lam- a;;('s tjr injnries to peisoiis, <;ro\vinji' ont of t!u' destrnetion of eaeli c'ass of vessels. In the a('e()nii)anyi!i;i' \'olnine, \'I1, the Tribnnal will linil ample data for «U'lerinini!i;u' *tht! amount of damai'c which [ ITnj slnadd Ix^ awarded in eonsecjuenee of the injnries inllieted Ity reason of the dc\sti iietion of vessels or property, whether of the Vmy- ernmi'iit or of i»rivale jiersons. (iovernment vessels destroyed were of two ehissps — those iukUt the eharyc of the Treasury DejiartnuMit. and those in cliaijic of the Navy Department. The Triltunal (»f Arbitration will Iind in Vohune VII ,hts as to all classes of (;laims, in case this Tribunal shall determine not to award a sum in gross to the Uiiiied States. The United States, with this reservation, present a detailed statoinciit of all the claims which have as yet come to tlieir knowleil^v, . ,-r,i,.nt-*.-„.i,. ^. ^^ ^j^^^ destruction of vessels and jjroperty by the cniiseis, The statement shows the cruiser which did tiie injury, the vessel destroyeil, the several clainiiiuts for the vessel an\{' of the United States, and have been inliietin^r an aiiioiinl of dam- ii^i'c on that eonntry greater than would be produced by nian.\ ord'nary Wilis. It is estimated that tlie loss siish'ined by the capture and iiini- iiit;' of American vi'ssels has been about s|.'),U(io,0(i(), or nearly ,C.).erty lor the i)resent valne*less. Under tlie sys- tem of free trade, by which the eommerco of the world is now so liirji'dy carried on, if yon raise the rate of insurance on the lla.u' oi' any )liiiitiine Power you throw the ti'ade into the hands of its conqietitors, liccause it is no lonj^er j)rolitable tor merchants or manuiaetiirers to em- ]il()y ships to carry freij^hts when tliosc^ vessels become liable to war lisks. 1 have here one or two facts which 1 should like to lay before tlic honorable and learned jAcntleman, in or(l(>r to show the v. ay in which this has been operatiiiiL'". AVheii he has Iward them, he vs ill see what a criu'l satire it is to say that our laws ha\-e been found sufiicient to eu- for('(^ our neiitrjility, 1 hohl in my hand an account of the forei<;'n trade of Now York for the (luarter ending' ,!une ;!(), l(S(i(), and also lor the (|Uiu-tov ending;' Juno oO, l.S().'», which is the last (lat<' up t<> which a com- ])iiiisoii is made. I lin«l that the total amount of the tbnMiiii trade of Xcw York for tlic iirst mentioned jteriod was 8niJ..<)'*»), of whi(,'h .•'iii.*,(«)(),0()O were carried in Americaii bottoms and $:;(),' )(),ll()0 in for- ('ii;ii. This state of thinj^s rajjidly ehan.y,('d as the war cojitinned, for it iiplH'nvs that for the ,()00,(K)0 wore carried in American vessels and s().").(i!il(,(l!)!) in [471] foreif>'n, the chanj^e *bron.uht about bein.y- tlmt whih^ in 18(50 two- thirds of the commerce of >«'ew York wc^re carried. on in Ameri- can bottoms, in 1803 three-fourths were carried on in forei!L;n bottoms. You see, therefore, what a comi>lete revoluticm must have taken place ill the value of American ship{>iny; and ■what has been the conse- (lui'ijcef That a very large transfer has been made of American ship- ping to English owners, because the proprietois no longer found it prolit- iiblt' to carry on their business. A doeuuK'Ht has beiMi laid on the table which gives us some imimrtant information on tiiis subject. I ivfer to an account of the number and tonnage of United States vessels which have been registered in the United Kingdom and in the ports of hiitish North America between the years IS^.S and 1803, both inclusive. It shows that the transfer of Uidted States shii)ping to English capi- talists in each of the years comprised in that period was as follows : " In 1858, vessels 33, tonnage 12,084. " III 1859, vessels 49, tonnage 21,308. " In 1800, vessels 41, tonnage 13,038. " In 1801, vessels 120, tonnage 71,073. " 111 1802, vessels 135, tonnage 04,578. J^u 1803, vessels 348, tonnage 252,579.2 'Hansard, 3(1 series, Vol. 17.'), pp. 496-500 ; Vol. V, pay the transactions cotnu'cted with these crniseis; Ik-. cause there is a vast amount of individual sutfering, personal widiij;, and personal I'ancor arising out of this matter, and that in a comitiv where popular I'eeling rules in jtublic alfairs. 1 am not sure tli:il ;niy legislation <*an meet tins (piestion. What with the high rate <>!' Imsiu ance, what with these captures, ami what with the rapid traiisler df toiMiage to IJritish capitalists, yon have virtually ma far as it iias come to their knowledge, ol tliccii hanced payments of insurance, caused by the acts of tli<' insurgent cruisers. Al'. of these cruisers came from lOngiand: ainl should the Tribunal iind Great Britain rcsijonsible for the iiijiuiis caused by their acts, it canjiot be denied that the war risk was tlic iv suit of their disi)atcli from IJritish ports. The anunintof this injury, so far as yet known to the United States, apjtears in Vol. Yll. It is impossible for the United States to determine, it is perhaps iiii iTniongatmaoftht. posslblc for aoy one to estimate with accuracy, the vast in- ^^'" iury which these cruisers caused in prolonging the war. The great exertions which were made in the months of April, May. and June, 1803, to secure arms and ammunitiim for immediate use in llichmoml have already been noted. Letter followed letter in laiiiil succession, urging Walker to forward the desired articles without delay. The energetic measures which Walker took to obtain ♦coal [I'T] to enable him to comply with his instructions have been com- mented on. The insurrection was at that moment gathering itself up for a blow which was intended to be final and decisive. On the 29th of April in that year Grant, having taken an army past the fortiflcaaons of Vicksburg, began the attack upon Grand Gnlf, and from that day conducted his operations with such vigor that, by the 21st of May he had defeated the armies of tueli insurgents in live pitclitd battles, and had commenced the investment of Vicksburg. In the At lantic States the fortunes of the United States had been less favoiabk'. The Army of the Potomac under Hooker had met with a decided reverse at Chancellorsville, and was resting inactive after the failure. The military authories at Richmond, having received the snppliw which Walker had forwarded, selected this moment for a blow in Poun- sylvauia, which was intended at once to relieve Vicksburg, and deciiie the contest. History tells how utterly they failed. After three days of bloody fighting, Lee retired from Gettysburg discomfited. The same day Grant entered Vicksburg and opened the Mississippi. A SUM IN GROSS SHOULD BE AWARDED. 189 The Kli «lay of July, 180;j, siiw tho nffffrcssivo force on laiul of tlio iiisiirrcct'on niisIuMl. From that «lay its only liopc lay in i)ro- [478] lon^iiiij;' a dcfoiisc! *nntil, by the contiiniaiuMi (>f the prnnittod violations of Ihitisli n«'utiality by the iiisurjfcnts, tlui United States sliouhl becoino involved in a war wiih (Ircat Ilritain. The in- sii'.'ijeiits liad, at that time, j>'o()d reason to look foi- that resnlt. Tho rimidii, the Alabama, the (leorj^iii had left Hritish ports for the pnrpose of ciiiryiii}; <»n war aj>ainst tlu; Tnited States, iind were, nevei-theless, ivccivcil with unnsnal honors and hospitality in all the coloiiiid ports of Ciiviit I'litain. Ordy ten days before tln^ battle of (Jettysbur;:;', thejndj^e wlio l>resided at the trial of the Alexandra had instrneted the jury that iioliiw (»!• dnty of (Jreat Jiritain had been violated in the eonstrnction 1111(1 (lispateh of tln^ Alabanm. About three nuaiths before that time Ilcr Majesty's (loverinnent had de<'i(led that they woi.ld not recommend Piiilianieiit to emu't a more elfectiv:, had declared in the House of Commons, s|)eakin;>' not individnally, bnt in the jjlnral, '-We do noi, beli(>ve that till' restoration of the American Union l)y tbrce is altiiirible." Under these eircnmstances the insnrjjents mad(^ jjreat exertions to keep [470] the *riorida, the Alabanm, and the (leorj^ia ath* d, and to stinni- late their otlicers and crews to renewed des. action of the coin- iiieree of the United States. They connted, not ' ithont reason, n])on iiitlaniiii}; popular passion in the United vStates by the continuance of tiiese acts, n iti' he people should force the (lovernm-nt into a retalia- lion npon (Iroat IJritain, the real autlan" of their woes. In pursuance of till- i»olicy they withdrew their military forces within tlm lines of llieliinoiid, and poured money into linliock's liamls to keej) alloat and increase his British-built navj', and to send it into the most distant seas in pursuit of the merchant marine of the United States. Tlins the Tribunal will see that, after the battle of GettysbnrjCf, the ntlensive operations of the insur<;ents were conduf ])r()1iiilil(; Jirrival in London known in advanco oO arrivt's in LmihIou oT connnciits on ni-f^otiatioiiH r<'"J (•(imiilains of insurgent ojx'rations in IJiitish jnrisdiction 2-M siiyts iiisuij^cnt govcrnnK-nt is interested in bloekade-rnnniny Ss'ii-yS-l fiutlier rcjtrcHi'ntations a.s to bloekade-rnnners 28^ rciire.scntations as to the. llondnras.. .'. 'Jtit) not i lies Ivirl Knssell that sale of Hninter will not be rceoynized o'Jl informs Earl Kiissell of tlio character of the I'iorida ',V.]7) brings to Karl Knssell'.s notice treatment of Florida incoloiuijs ISdl calls Karl liMssell's attention to the Alabama 'MG sends Karl l{nss(ill allidavits regardin;;' Alabama 373 confers with Karl Knssell about tin; Alabama 375 complains to Karl Knssell of the (icorjiia 397 complains to Karl Knssell of enlistments for the Gedrjfia ... 31*9, 4U0 comjjlains to Karl Knssell of the (ieorgia 404, '105 comi>lains to Ivirl linssell about the Shenandoah 4"il,450 conipliiins to Earl Knssell abont the Lanrel 452 Aii.ois, John (Jrixcv: correspondi-nco regarding claims of Portngal 130-145 AliMUiALTY AM) COLONIAL INSTIU'CTIOXS : of Jannary 31, IriG'i, unfriendly to United States 229 abstract of those instrnctions 233 Adiui'PiXA, The: takes stores and coal to Alabama at Terccira 378 takes coal to same at Martinic^ue 382 Ajax, Till-; : inijnirios as to 298 Alaiuma, Till-; : short sketch of 213 Lord Knssell thinks it u scandal to British laws 254 description of 3(i4 l)nilt for insnrgent man-of-war 3(55 contracted for by Bnlloek , 3C5 crew of, wages paid by Eraser, Trenholni & Co 3(iG cnstonis oilieers report her a nnm-of-war 3G8 attenticm of Liverjuiol collector called to her 369 lie s(>es nothing wrong in her 3(19 Mr. K. P. Collier's opinion taken as to 370 affidavits as to charjicter of obtained an«l ollicially eoniuni- nicated to British government 371 these aflidavits remain a week unacted npon 373 orders then given to detain 373 orders revealed and Alabama escapes 575 goes to Moelf ra Buy ntul the Hercules follows next day with crew 376 gross ineflicieucy, or worse, of the -oUector 376 the Alabama proctseds to Terceira 377 receives arms, stores, and coal from Bahama and Agrippina. 378 was adapted for warlike purposes wlicu sho left Liverpool.. 379 was litted out there, at lejist in part 380 Senimes's opinion c f the vessel 381 she receives coal from Agrippina at Martinique 382 is received at Jamaica as a man-of-war 382 114 16/ elili'iu Ihiije 28 28 36 95 101 -115 117 117 i;;o 135 144 147 149 150 158 159 161 178 179 60-62 91 96 151 152 120 99 104 146 14(i 146 146 147 147 148 148 148 149 149 150 150 150 151 151 151 152 152 152 152 192 INDEX. Alakabia, Thk : jfoes to Brazil and the Cape of Good Hope Mr. Adams cotiiphiins to Earl Russell lier tcnd(.'r, the Tuscaloosa, (see Tuscaloosa) she coals at Singapore she coals ajjain at Table Bay is sunk oft" Clicrbourg by the Kcarsarge reasons why Great Britain is liable for her acts Ala K, The: takes arms and stores to the Georgia 396 Alkxaxdisa, Tiik : ruling of the court in the case of 161 seizure, trial, and acquittal 258 ruling of the court in, enuisculated the foreign enlistment act of 1819 259 Amendments : of municipal laws may be asked by a belligerent 147 of law of 1H19 asked by the United States and refused 251,253 Ampiiion, Thk : inquiries as to 297 Archer, The : career of 363 Armax. (See Bullock ; France.) Arming : ^ when arming a vessel is a violation of neutrality 159 should be prevented by due diligence 211 Ayliffe : views as to diligence and negligence note. 153 Bahama : takes out Florida's armament 334 arrival at Nassau 337 arms and crew from, for Alabama 378 Barbadoks: a base of hofjtile operations 358 Baring, Thomas : speech on the Georgia 401 Belgium : course of the government of, contrasted with that of the British government , 462 Belligerents, (see Blockade; liuasell:) insurgents recognized as 47 recognition determined upon before May 1, 1861 50 France consulted as to recognition 52 answer of the French government 53 Presid«;nt'8 proclamation not then received 53 privateering of, legalized by Queen's proclamation 58 right to issue such proclamation not denied 63 it was an unfriendly act 63 and issued with an tinfriendly purpose 64 may ask to have defective neuti-ality laws amended 147 Benjamin, Judah P.: sends agents of insurgent war department to Nassau 224 Bermuda : (steamship) runs blockade with arms, &c 221 (island) well adapted as a depot of insurgent supplies 224 an insurgent depot established there 238 Bebkard, Mr. Mountague: computes amount of cotton in 1861 , note . 219 statement regarding; Fraser, Trenholm & Co note . 220 describes Nassau note. 224 describes the Alexandra note. 258 GenCTS edition. eilitiiin. Page. Page. 383 ir,3 383 lo3 5,387 153, 1.14 386 ir,4 386 1.14 387 1.14 388 1.11 lid nil ifli; lo:i lio 141 ."7 (11 i;5 i:!!i l.'l 143 ii;o 1^3 2.1 •2ii •27 27 27 •21' ;ii 31 31 91 9; 90 91 91 105 INDEX. 193 Geneva 8«ronJ ediiiun. editi'ttk Pige. Page, Bebxard, Mn. MoMXTAorE : f;i ves list of vessels t!«l by Great Britain '296 120 lis criticism on ilr. Fisli's dispatch not sustained IJOO Til his stateniont concerning the Florida note 344 I'M Ills statement as to prosecnticMis fur offenses against foreign enlistment act 400 159 Blackstoxe, Siu Wiixiaxi : deiines extent and force of law of nations 120 53 Blockade: notice of, by proclamation 45 24 proclamation of, when news of, received in England 47 25 an imp(!rfcct copy submitted to lawolHcers for opinion 49 25 BlX)CKADE-RUXXERS: general character of, deterniinec' by insurgent government.. 223 93 converted into men-of-war, and fjtc versa 414 1G4 Bl-OCKADE-RUXXIXO : operations in 18fi2 237 97 operations in 1?5G3 274 111 insurgent government interested in 278 113 complaints thereof to British government 282 114 answer tliat it is no otl'ense 282 114 further proof of insurgent interest in 28G 116 BuxTSCiiLi, Dii. : deliuition of neutrality 123 54 criticism on the Alabama 171 72 BiiAZiL : conrso of the government of, contrasted with that of the government of Great Britain 465 184 RnionT, Mr. : views as to the Queen's proclamation .... 62 30 speech of, March 13,1865 91 41 BrixocK, James Dunwoody : sent to England by the insurgents 218 90 arrives there in the summer of 1861 240 99 has an oflice with Fraser, Trenholm & Co 241 99 contracts for Florida and Alabama 241, 365 99, 146 superintends construction of rams 261 106 contracts for constnietion of men-of-war in Franco 266 108 remittances to 269 109 writes Waddell to stop destruction by Shenanct8 authorities defining neutrally l''^'* f>4 [Cami'iii:i.i„Lori): views ;i8 to effect of Queen's proehinniti«m 59 29 was Lord CInuicellor when prochunat ion issued 98 44 JCaxxino, Mr. : his opinion regarding comhict of United States as a neutral. . 107 48 |('ape Town, (see Tuscaloosa ;) Alabama at :W6 154 Georgia at 401 160 f^HlCKAMAUGA : description of, and her career 413 164 shifts from blockade-runner to man-of-war 413 164 reasons wh v Great Britain liable for acts of 415 105 S. Ex. 31 13 V ^ ' V ( • 194 INDEX. eJilinn. Pag*. Pan Claims of the UniVed States : ^reiiei'iil Htatouient of, by American comniissiouers 10, 4fi9 9, IRo rejection of, by Britisli coniniissioncrs 12, 409 Id, i,.; ik'tailcd statement of, wliero to bo found and sbonltl bo met by award of a gross sum 469, 480 If^o, 1-9 Ci^MtENCK, Tin:: career of 303 14:, Coal, (see .//«//« Hirt; Georgia; Florida; Shcuandoah :) great r.i-ed of insurgehts of, at Bermuda, iu 1803 277 ll:i wliiit is a Just rule regarding .siii)]>lies of note 3*ir) l;,i l»eri!iissioii refiise«l to the United .States to deposit at Nassau. . 329 i;;,' Coci) necessary extent of, iu order to escape responsibility 152 '■^ definition of term due diligence 158 C7 duty of a neutral to exercise 211,212 '^ abandoninent of, in advance by Great Britain 250, 317 104, 1'^ Drou VN r>E Liiu Y8 : his note to Mr. Dayton, concerning iron-clada 267 1*'' INDEX. 195 edition. Pag*. DlPLEY, COXSI'L: his i'ntTgetie action regarding the Alabama 370 EsouM). (See Grtat Britain.) Eqlipi'IXO : when equippinsr a vessel is an offense ir»9 (k'lined in the Alexandra case l(Jl defined in the IJritish act of 1870 101 should he prevented by dne diligence 211 EviDEXCK, (see Tnali/ of Washington :) of the United States, how cited and arranged 30 Fawcktt. ritKSTox & Co.: contract lor the Florida 211,332 Fisn, >Ii!. : > f. onn his instrnctions to Mr. Motley ^ ''^^ the alle;;ationsin those instrnctions sustained 300 contrasts the course of Great Britain with that of other powers 466 Fitting oit : of a vessel, when a violation of duties of a neutral 159 should be i>reventcd by due diligence 212 Florida, Tiik: construction of, advanced in November, 1861 -. 241 sketch of jiroceedings as to 242 money s«!nt to Nassau for, through J. Fraser & Co 240 i)r(K-eedings at Nassau as to 247 Lord Ilussell tliinks it a scandal to British laws 254 Bullock n)akes contract for 3;52 coals at LiveriHK)l and registers as a British vessel 333 armament for, shipped in the Bahama 334 clears for Palermo and Januiica 336 customs ofiicers report to be a man-of-war 336 arrives at Nassau 337 proceedings against, at Nassau 338 complaints as to, disregariled 341 civil authorities neglect duty in proceedings against 343 judge disregards law and evidence iu decision as to 346 crew cnlists'd for. at Nassau 347 clearance of for St. John's a fraud 348 receives amis and stores in British waters 348 attempts to elude Spanish laws and fails 350 enters and leaves Mobile 350 coals and provisions in excessive quantities at Nassau 351 receives Iresh »nipplies at Barbadoes in one month there- after 355 protest of Admiral Wilkes as to 355 rc^ei vev repairs at Bermuda 358 goes to Brest 351) receives crew, armament, and niaciiinery from Liverpool 359 receives reonirs an«l supplies at Bermuda •• 300 these reiui , f. and supjilies excessive 3GI teiiuiuatlon of cruise at Bahia 362 career o( tenders of ,» 363 reasons why Great Britain is liable for acta of 363 Foreign- Enlistment Act of 1819 : is founded on the United States laws 107 intended to aid in performances of international duties 108 duies recognized by it Ill commission to revise 113 report of comunssioners as to 114 object of pro|Ktsed commission 116 inelliciency of the act 250 propositions for amendment of 251, 253 declined by Great Britain 251, 253 emasculated by ruling in Alexandra cose 238 Second edition Page. 148 68 iiS 69 87 17 99,134 31,121 184 121 184 68 87 99 99 101 101 104 134 134 KJ5 135 135 136 136 137 138 139 139 139 139 140 140 141 142 142 143 144 144 144 145 145 145 145 • 47 48 49 50 51 51 102 103 103 105 196 JNDEX. OerwTa etfitiun. FoKKiGN Enlistment Act ok 1870 : provisions of 117 judicial construct ion of 117 its o1>j(;ct, to enublo Grcut Britain to fulfill international dutioa 117 FiiiVNOK : joint action of, invited and secured 45 how rcfiards the effect of a commission on a cruiser ille- gally lilted out 209 detains vessels constructed by Annan 2()7 courso of, contrasted with Great Britain's . . .'. 4(»3 FiJASEK, Tkeniiolm & Co. : lirm of, when founded in Liverpool 219 treasury depositaries of hisn rjrents 220 insurgent remittances to Bullock through 2(>9 supply Walker with coal at Bermuda 278 pay wages cf Alabama crew 36G Gi'.NEr, (see Wanhhigton :) comnussions French privateers in United States in 1793 127 Jefferson's rebuke of 129 Geougia, The : sketch of career 2r)6 built for insurgents, dtrscription of 392 crew for, engaginl and shipped in Liverpool 39;{ registered as a British vessel 393 armed from the Alar 396 negligence of British governmi;nt as to 398 com]>laints of enlistments for 399 returns to Liverpool 401 her career sketched by Mr. Thomas Baring 401 goes into dock at Liverpool 400 capture*! by the Niagara 40G reasons why Great Britain liable for acts of 406 Okoijgiana, The: inquiries as to 296 (jir.TTYsnuitGii: preparations for the battle of 276, 277 ( v.adiatoUjTiie: insurgents contract in London to purchase 225 arrives in Nassau with arms and munitions of war 226 gets permission to break bulk and transship 226 Gladstone, Right Hon. W. E. : declines to consider effect oi Queen's proclamation on pri- vateering 58 speech of October 7, 1862 89,215 speech of June 30, 18G3 95 GitAN Paua, The: opinion of the court in the case of 201,206 Gi.'axvim.e, L<»i!n: definition of due diligence 157 GiJEAT Britai.v, (see Uuiled Slates ; Crimean trar :) friemUy relations of, with United Spates before 1860 31 various treaties with 31,32,33 early informtMl of views of Mr. LIucoIm's Government 42 , joint action of, with France 45 invitation of, for such joint action unfriendly 46 law of nations part of lav; of 61,118 eondnet in Trent affair 82 cabinet of, personally unfriendly to United States 97 people of, with some exceptions, nnfriendly 98 possible reasons for such unfriendliness 99 action of, influenced by it 102 its neutrality laws 1071-18 pmelamation of its neutrality 57,122 iustructiuus to ofiicials of, during insurreetioa 125 /■oik Hi 91 HI ifi;t ll:i 14n 111.-, u l.)7 i:.; i.>f i:.^ ir)9 m V*} n m liO m 9:1 9;i y:i 41,. »9 4;i 83,8:: c; 111 19, 'Ji) 'i'l •>i 30, :c' G 44 44 4.1 47-ol !W,53 INDEX. 197 Great Bhitain : minister ot, intervenes against course of Genet reply of Mr. Jeft'erson to duties recoKnize 1:55 .')H 2-21 1>I 223 1)1 :{oo 121 ;uo 12:. 310 12;-. 311 12(1 313 i2(; 314 127 317 12s 430 171 4GG 184 467 196 298 358 i5?r. 128 128 129 5G 59 29 124 54 171 72 297 120 296 120 81 225 92 228 94 237 97 337 13G 120 13G 218 221 235 237 90 91 97 97 282 310 114 125 36 37 39 44 21 21 22 24 311 126 117 52 198 INDEX. iM \ . i.UM eUitioit. I'agr, Intkrnatioxal Law : a part of tbo common law of England Gl, IIB TiioN-CLADS, (hi?o LamVs rams ;) inHiirgcnts' contract for six, in 18G3 24G Jacqukmyns. (See lioliii,) Jamaica : tlic Alabama at - 382 Jay's Thkaty. (Seo United States.) iKKKKltSON, Mil.: r«q)ly to Mr. Hammond's roproHcntations 129 his views of the dnty of a uontral nation 133 Joint High Commission : iiiet'tinfj at Washington 9 l»rotocol of coufcreucos 10 Jones &. Co.: shiji crew for Georgia in Liverpool 393 trial of members of, before Sir Alexander Cockbnrn 394 Kmngkndki!, M. G. & Co. : connected with Traser, Tronholm & Co note 323 pnrchas(! the Snmter at Gibraltar 323 and pay the wages of Alabama crew note 323 Laikd, John : speech of, April 27, 18G3 90 &. Son's contract for Alabama 241 and accompany her as far as the buoy when she sails 370 LAIUDS' I5AMS : contract for, and construction 2fil various representations by Mr. Ad.Tuis as to 2G3 Lord Kussell refuses to interfere with 2C3,2G4 the seizure and detention of, not an abandonment of pre- vious lax rule by British government 2G4 LAUitKL, Tin; ■ takes arms and crew to Shenandoah 419 Mr. Adams complains of 452 Lewis, Sik Gi:oi!Gk Cohnwall: says a proclamation will ho issued by the Qucon 5G opinion as to the duties of neutrals GO Lincoln, Puksident, (seo United States ; Blockade:) elected President 36 inaugurated 42 convenes Congress, and calls out militia 44 Liverpool : branches of insurgent government established at 221 collector of, m)tiiied as to Alabama 3G9, 371 Louisa Ann Fanny, The : inquiries as to 298 Lyndiiukst, Loud : views as to law of England and duties of neutrals GO Maffitt, Commandeu : arrives in Nassau 227 sends to Bullock men discharged from Florida 2G9 ships crew for Florida at Nassau 347 Mansfield, Loud : opiu ion in case of Russian ambassador 119 Maksiiall, Chief Justice : opinion in the Gran Para case 201, 206 on the effect of a commission upon a man-of-war 204 Mauuy, The baiuc : seized by request of British minister at Washington 134 seizure without cause and discharged 135 Melbourne. (See Shmandoah.) Sorncil eOit 1^ 30,-:. 101 IGl) r.i; 5") ir.r ir.7 i:!0 i:io i;;ij 41 0,1 i:;u loi; Kir in; 103 Hi] ISO 21 ill 147, 14H 120 30 9:1 110 IJH 52 83,?.) e4 58 ad INDEX. 199 Mf.rcaxtii.k TifAPiNO Company : li.riii ])arlm'r«liii> with insurgent goverumout coin'siioiitltMicc regarding claiiiiB of Portugal .... 1!W MlXMl'AI. LAWS : (hsiiiiu'il to aid in ]»orfornianco of international duty 10(5 international oliligation not. dependent npon tlieni KH!, '-^1^ an eviilenee of tlie nation's sense tif its duties ltK» nential lioniid to enfonc 'J II ln]ll;;eient may re Nasiivim.k, Tin; : eseaprs from Cliarleston 328 rt'ecivcs exei'ssive siipjdy of eoal at Bermiidii IJ'J'J limns tlie Harvey ilireh 'X\0 arrivi's at Southampton ',V.\0 proeeeds to bernnula and coals there '6'.W reasons why Great ISritain should ho hehl responsiblo for acts of 331 Nassai' : well adapted for a dejmt of insurgent supplies 22'i made an insurgent depot and base of operations note. 221, "^'ifi Mr. Adams eomplaius of, to Lord liussell 2;$2 made depot for (luarternujster's stores 2(50 civil authorities of, act in interest of insurgents 342 N'KTIIKlil.ANDS : course •)f government of, contrasted with that of Great Britain 463 XEL'TItAI.ITY : deiinilions of, bv Phillimore, Bluutschli, Hautefeuillc, and Lord Stowell 123,124 duty to observe 210 failurt! to observe as to San Jacinto and Honduras 288 NlXTitALrrv laws, (see Forvhfii Eiilifitmciit Act :) of United States enacted at re(|uest of Great Britain 133 XiaTi!Ai.s, (Set! /"<()•(«; IkllUjercntH ; Treat;/ of l\'anhintilon :) duties ol", as delined in the treat, of Wa.shingtcm 22, 148 duties an bound to euforet; municipal proclanuitions 135,211 u.se all the means in its power to prevent viola- tioiisof their neutrality 130,212 when liable to make compensation 13(5,212 should amend defective ncutralitv laws whou requested by belligerents '. 147,211 when should in.stitute proceedings to prevent violations of uentrality 147 Bhoidd detain offending vessels connng within their juris- diction 162,211 should not permit their ports to be made the base of hostile optirations 166,212 summary of the duties of, as applicable to this ciise 210-213 obligations of, as to an offending vessel, not discharged by commission as man-of-war 213 nor by evasion of municipal law 213 wlien they may not set up a deposit of the offense 213 North : sent to England by the insurgents 218 Miss, names the Virginia, (or Georgia) 392 0iniouH of Hriti.sb luwyiirs noto. 1G2 biH views aH to iLe ellect of a couiniiH^ion upon an oll'onding vessel 204 bis siM^ecb on thu Georgia 403 Palmerstox, Loiti) : tbinks separation nnist take place 55 awaiting opinion of law otlicers 55 Bpeecb of. March 1*7, 18(13 i>4 Bpeecliof, Juno 30,1803 9G speech of, July 23,1803 108 minatory couvcrsatiou with Mr. Adams 234 Pampkiio, Tiik : seizure of, and trial 2G0 Pai!I8, Declahation ok : unfriendly course of Great Britain as to, detailed 65-82 Phantom, Tin;: a blockado-runner 297 PiiiLUMORE, Sin K, J. : decision in the case of the International 117 definition of neutrality 123 PlERANTONI : criticism on the Alabama 184 Portugal : abstract of correspondence between, and the United States.. 137-146 principles recognized by, in that correspondence 146 recognizes international duty to make compensation for injuries committed by cruisers fitted out in neutral iiort. . . 169 how regards efl'ect of commission on such cruiser •. . . 209 course of government of, contrasted witl. hat of British government 463 Prioleau, Charles K. : managing member of Fraser, Trenholm & Co 220 becomes naturalized as British subject 220 Privateering : declaration of congress of Paris, as to 69 Great Britain willing to legalize with .insurgents 74 but not with the United States 77 Proclamation : announcing blockade. (See Blockade.) recognizing insurgents as belligerents. (See BeUigerenta.) the Queen's, a recognition of the international duties of Great Britain , 105 such duties recognized by it defined 123,125 Prosecutions. (See Bernard.) Prussia : course of government of, contrasted with that of British government 464 Rams. (See Laird's rams.) Rappahannock : short sketch of 291 is detained by French authorities 2d!t course of French government aa to, contrasted with conduct of British officials S93 Regret. (Seo Treaiy nf Washington.) S»n,n,) ^H »Jlll..tl, ^H Pair ■ H RcTltllllTION, H H lU H >•] H KoMN, Ja(:(jI-i H H (17 (J'J H H Ri:i,Kf!. ^sct! Ti >^\ ■ tlic p m) H ■ El'SSKM., hoii o- H iiit(ijr( >)« 1 c'l'caff 4-.' 1 Ei>8i':ix, Ivvifi 4:! H piiinii^ 4H H discus % H calls t H loi; 1 is (Ion 1 spet'ch H s|i('e('li jJi-iw H SMeceli 1 says tl V^l 1 ■ reply t • 52 H ilecliiK :.4 ■ g<'»<^ ■ dccliiii 77 ■ suys tl ■ thinks ■ ade- 59-(y (rj ■ i'*4)ly t ■ scuds *•.' I Floij rtj I reply j ■ Jierii l«l ■ tells M 1 IHXtl 91 ■ cuni'oro Dl I says Al I ivply t( X! I forwart ■£, B reply t( % I Ki'SSIa: I course < ■ Bi'ita I Ri'ssiAX Aaujas ■ arrest o 47 54 I Saldanua's EXl ■ arrest o I Sausiil-uy, Mai I speech 183 I Sa\ Jacinto: I bow trc I Santisima Trin IW I opinion 118 I Ska-Ki.\g, The. 118 1 Semmes, RaPHA] ■ his opiu INDEX. 201 0'*nrrr\ Si-iontl Pilltiiitl. Pilitinn, RKTKIHl'noN.TlIK: liiiilt iiMJufralo, oniitiinMl liy rebels HHO l.-(j tmni'il into ii friiiscr lilX) l.'l» h.r caivcr :Wf>,;5D,> K.r. KdUN, .lAClifKMYX.S: VK'WH as ti» tliti Quimmi'h proclanuitiou (!l lU views as to Itritish neutrality M7 '10 ( ritirisni on Mr. ]5eiiiai'irs lioolv 17(i 71 Ri:i,K!«, (set! Trcati/ of ll'ai^hhii/toii ; Xciilriih:) the iiiinciples stated in tliesu rnles in force beforo the Treaty of Wasliinjrton 148 G'A RcssKLL, L(>i!i» Jt)liN, (seo lluHwll, Earl, ivlurv references io, are iiidixed:) I'leated Earl Ilnssell dnrinj; iiisnrreetioii U7 44 Rl>si;u., K.vi!!., (see DnlluH ; .lilniises to await Mr. Adams's arrival 4IJ iJlJ discusses indoiiendenci! with insnri{eiit eoininissioners 51 y(5 calls tlio Uaitod States tho northern i)ortion of tiio lutu Union M 27 is doubtful Juno 1, IHIil, wiiethcr then; is u war 57 iiH speeeh of, Oetobtr 11, 1^(11 H7 40 speccii of, I'Vbrnaiy r>, 1HG;{ IM) 41 Hpeecli of, June D, iHi I l)() 'l;{ says the insnrgeids build ships of war in Great IJritain bo- eause tliey have no ports of tlR'ir own !.'ir» HI) roi>ly to Mr. Adams's (toinplaints re^ardinj;' Nassau 5i;J2 U.'> declines to act on ^Ir. Adams's complaints regarding insur- gent operations in February, lHl!;{ 24'J 102 declines to atlvise amendment of foreign enlistment act 251,'^.'),$ 10:{ says the Alabama and Onitoare a scandal to llritish laws... Xi.')4 104 thinks tlie interest of tlie insurgent government in bhiek- ) y^i', •>'4 114, ll.'» ade-runncre shoubl not bo interfered with ^ '2'M 117 letter to Mason, .Slidell, and Mann '.UYJ li'i reply to Mr. Adams's note regarding sale of Sumter ;>iiJ I'.'.O scuds Mr. Adams the report of customs otlicers on tlio Florida iliW V.IZ rcjdv to Mr. Adams reganling treatmeut of Florida ut Bermuda SGI 144 tells Mr. Adams to refer evidence about Alabama to Liver- pool collector :{()G 140 conference with Mr. Adams after <'scapc of Alabama 'Mi> l.'O says Alabama whs partly fitted out in (ireat Ibitaia ;{H0_ l.'i'i reply to Mr. Adams's com[daints about Georgia liD? If^S forwards IJiiUock's letter to Waddell 448 ITS reply to Mr. Adams's complaints regarding Launl IHO RissiA : course of tho goveruinent of, contrasted w itb that of Great Britain 404 1«.1 RissiAN Amuassadou: arrest of, in time of Queen Anue 119 't2 Saldanha's k.xpkdition : arrest of, at Terceira 194 SI Su/isijuuv, Marquis ok : speech of, when Lord Robert Cecil 99 44 Sax Jacinto: bow treated atBarbadoes 356 142 Santisi.ma Tiunidad : opiuiouin case of 197 82 Sea-Kixg, The. (See Shenandoah.) Semmes, Rai'Hael, (see Alabama:) bis opinion of the Alabama 381 153 202 INDEX. 8rwaiii>, Mil. : iiiNtnii'ls Mr. AiIiiiiih to roin|>1ain of iiiHiirgoiit oporatioiiH mail*' iVoiii ISiitirth jiiriiulictum tMiS iiii 8im"M. (.S«'«> I'rmch.) BiiKN.vNDOAii, Tin;, oit Ska-Kino: sliort hki'icli of 2<):i i|. built ill ("lvt' (Jiirhett, a wi'll-kiiown liloilvaili'-niiMMT 117 lin; lii-r olliriis anil iTi'W sail fniin Livi>rpi>ol in tlie lianii-l 4H | ;i; is anni-iHVoni till* Lanrrl at .Mailriiii -I'JO ]>;; is mIiiiiI iifnii'ii -I'JI |ii; »i rivi's at iMrlliomiie 4',' I li;- lirr traiisl'ir to tlio inNiir;ri-nts known tlu'ro in uilvaiirr of Inr arrival 4"JI Id- ri-|iirsi'nlalion.'s an tu, liy I'nitril Htati.'s i;onsiil to aiitlior- itiis ! , 4-,'4 ];:i caiitaiii of, asks pi'i'iniMsion to coal and niaki; ri-iKiirs 4'J(i |i.;i pi'iniission liiantcil 4v!7 li;;i iK lay in n porliii;; what ii'iiairs wire nrrrssary 4",'7 Km report Jis to repairs niaili; live ilays after arrival l'.'"^ K" lierinission to repair a^^aiii fjranteil A'-iti ]',<> eiiptain is rei|iiesteil to name ilay when he can f{o to (sea. . .. 4'J!( i;ii many men are ilicjiially enlisteil iur crew of 4'J!( ITn l>roi'eeiliii^s :is to, in eoloiiiiil lejjislatiire 4;!() ITu correspomlenci! with colonial authorities re<^ariliii<| onlist- mentsfor 4I'l 171 enlistments i-ontinne; rejjairs Hiispenileil 4;i'i Hj repairs resiuneil ami coin)tleteil 4:!:t IT,' three hnmlreil tons of coal t.ikeii from a transport sent for the piiii»ose from Liverpool 4154 I'i consnl furnishes proof of illelies or coal iieeiU'd for 4111* \H repaiis iirolon;j;eil to enlist men 440 1*4 • no ve|>airs iiceileil , 441 K'l critical examination of report of repaiiH 44^-447 17(1-1" ref urns to I^i verpool 44'.( 1"' violations of nentriility by 4.^)0 IT" reasons for holding Great iiritain liable for acts of 4r)4 l-" SlNC.Al'llllK : Alabama coals at 38G VA Slavki!Y : opposition to the liinitatiou of, the cause of secession 37 21 Spain : recofjnizes international duty to makvi conipensatioTi for injuries by cruisers titled out in violation of interna- tional duty ICO ''2 how, regards the effect of a commission on such cruisers 201) ^ course of the {;overiinient of, contrasted with that of the Ih'itish government 4t)4 1"^ STOKisKitDDKi!. Tin:, OK Ston'kwall: , short sketch of career o*' 268 W9 STOUV, Ml!. JlSTICK : delinitions of diligence 154, luG (j*' opinion in the case of the Santisima Trinidad 197 ^' Btepiikns, Alkxandeu H. : vice-iiicsident of insurgent government 37 -' his views as to slavery ;18 '-' bis speech against secession 3ti ^' INDEX. 203 SlMTKIi: |ir(i<'cc(1iii;:;M at Ciibriiltiir iih to |iri)i('('(liiiHH lit 'I'l'iiiiiltul us to (Hills lit Triiiiihul iinivi's lit (iildiiltar Hliiit lip lln'in liy KciiiHarjx*' m>U\ limit r piotcMt. of I'liitj'tl Stat <'h consul tt'ijitiiiciit of, 11 pai'tiality towanl iiiHiir^ciitH nasoim why (ircat liritiiiii liiililo for iict.s ol' SiMTEii, Four: Hiirrt'iiilcr of 41 SffKDisii VKs.si;r,M: tlifiasoof 1H7 Taco.ny, Tiik: tare»!i- of IMiH Tau..\iias.si:i;, I'iik: lilted out ill London as a privatwr 409 licr career 410 wiiat was done at Halifax as to 411 iciisons why Orcut liritain liiil»l« for acts of 4 1'J Ti;Nii;iiin:N. Loi!i>: iiieiiHiiaiidiiiii on ncntrality hiws lOiJ Niiys iirivateeriii,'.; was siip|»i'essed by reiison of tin; coiirso adopted liy Wasliin}4,ton .' i:il Trr.Ci:il!A, (see SnhUinli(i'n vsimUlinn :) Al.iliaiiia arrives there IJ78 TllAXSSllII'MIAT <»1' C<)NTI!.\nAM> OF W'AI! : llie )>i rinission in colonial ports a fallnrn to ])erforni tlio duller* of a neutral 2'^7 iiijiirioiis to the United *State« £27 TliKATY OK Wasiiini.ton : expresses reynH^t at escapo of tho cruisers 18 terms of siilnnission of claims of the Uniteti States 18 iiier'iii<; of till! luititiators, provisions for. ID till lor delivery of cases and evidence 121) time for delivery of counter cases and evidcnc*) 21 wlieii orij^inals must he protlnced 21 duties of iv;ents of each ^overinnent 21 counsel may he heard 22 rules ap|tlicable to I Iks case, (seo Neutrah) 22, 14!) award, whi'ii and how made 24 hoard of assessors, how constituted and (liitics of 25 till) first claiiso in tho iirst rulo to he found in li'nited States neutrality law of 1794 IHO what is dno dilif^oncc 150-1^8 littiiijj out, arming, or eqnippiiiK, each an olfenso IH'J reasons for words " specially adapted," »X;c l.^U continuing force of second clause of lirst rule in;{ limitation and explanation of second riih; 1(>7 recognizes obligation to make couipeusatiou for injuries.... 1G9 TiiEATY OK 1794. (See Unilcd States.) Ti;i:xuoLM, Gkokge A. : principal member of firm of Fraser, Tronholm & Co., and secret ary of insurgent treasury 2r.O Tkkxt. (See Great Britain.) TiuxiiJAD: Tho Sumter at 247,320 Tl'scai.oosa, ou Conilvd : a prize captured by the Alaboma 270 claims to bo received at Ca-»e Town as a tender 270 is seized, then released, and 3cived as uiau-of-war 272 this decision reversed in Lo ilon 272 comes again to Cape Town nd is seized 273 this act disapproved in London 274 0«'n«'»r» ^1 *nd e'liiiuii. i-tlitKin. i--ti-. I'UffA 21.-. 1(10 2t7 101 T,-4{) 121> :iil I2t» :{2i 129 :«2i i:io :vj;» i:',o :J27 i;i2 24 145 ir.;i Kilt ](■.;{ KM 47 57 151 91 101,129 110 110 110 111 111 in Drj i 9:{ ^ 12 ■} 12 i:{ ii" i;i i;{ i:t i:{ 14 ,(« i 14 1 15 r.4 -f)7 (i8 (i8 69 71 71 204 INDEX. n CcnoTa SwonJ eililion. eOit„. TwENTY-roun nouns' nin. : contaiued iu uchniralt.y and colonial inatiuctions 233 % XJsiTVU Statks, (set! Great Britain ; If'anhiiKjtoii :) rolations witl) Great Britain belbrc leiGO friendly 31 i;) various treaties with Great Britain 31-33 lO-ju uuuiber of States and Territories in 1860 note ',io •,»() election of Mr. Lincoln as President 3G o] secession of South Carolina and other States . . , 36 -Ji cause of secession 37 '>[ neutrality law of 1818 note. 112 ',(\ liad no nnmicipal law in 1793 to aid iu pei-fonuauce of inter- national duties 127 Sj course during President Washinjjton's administration 127 55 treaty of 1794 131 57 construction thereof hy commissioners 132 57 enact neutrality laws at re(]uest of Great Britain 133 5' correspondence with rortu<:;al 137-146 59-0.' principles recognized by that corr(>spondence 146 tjij what they regard as diw. diligence 158 G; seizure of Spanish gun-boats in 1869 160 fc character of southern blockaded coast 222 K Vksski.s of wak, (see Commimon ; Contraband ; yeutrals :) of belligerents, sale of, in neutral ports 322 l;W ViHOiNiA, Tiik: inquiries as to 298 I'JO Wachuseit : treatment of, at Bermuda 353 \\i Wai.kkk, NoitMAN S. : made insurgent agent at Bernnida 238 (i* his urgent demand i'or coal 277 111! is supplied with coal by Fraser, Trcnholm «fe Co 278 ll.i Washington, Prksidknt : his course toward Mr. Genet 1291-31 5C-5T determines to restore prizes captured by privateers fitted out in United States his course suijpressed privateering 131 5" Wi:sTBT7UY, Loud : appointed Lord High Chancellor, June, 1861 93 44 regards animus of neutral as sole criterion 101 45 says United States may use Queen's proclamation to prove animus 101 45 says ship should not bo built in neutral port by belligerent Avith view to war 185 *3 Wilkes, Admiualc correspondence with governor of Bermuda 355 14"J '^^*i3 Geneva Swon.1 edition. eOilm- pHffe /■ajr. S33 % 31 ID 31-33 19<'tl '■io a 3a '21 36 21 37 21 112 30 127 r.;. 127 ffi 131 .iT 132 5" 133 ri>' 137-146 59-(W 146 t« 158 (u 160 (x> 222 92 322 lliO 298 1-20 353 Ui 238 9^ 277 113 278 Uo CASE rUKSKXTKD OS VUi: I'AliT OF HIF. ;OVERNMENT OF HER BRITANNIC MAJESTY TO TIIK 5C-," TEIBTJIAL OF ARBITEATION, 131 93 101 44 45 101 4.") 185 76 355 14'i coNWTnriKO NDKH ARTICLE 1 OF THE TREATY COXCEIJDEI) AT WASHINCiTON ON THE 8th MAY, 1871, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. 1 M m .^ GENERAL CONTENTS. The case now presented to the arbitrators on tbe part of the government of Her Britannic Majesty comprehends a statement of the facts which that }?overuniwit ,.egard8 as material to a just adjudication on the claims of the United States, andm gonie general propositions on which it intends to rely, believing them to be in accord ance with the piinciplcs of international law and the practice of nations. The Contents of the Case ahe as follows : Gcntiva Prcscni edition. iMlitiriii. 1. A atatoir.ent of tlifi ni-itter roferred to tlic arbitrators, as it is understood by Ilor Britannic Majesty's froverniiieut. Part I, papcs 1-3 SO'-^iW II. An Introductory Htiitcin'unt of tbe events wbich attended and followed the coinnieueumeht of the civil war in America, and of tlie course pursued by Gn-at Uritaiu and the other maritime jMjwers in relation to the war, and particularly as to tbe reception of belliifcreut vessels of war into their ports and waters, I'art II. pagos 4-22 ail-aj III. A further introductory statement on international ri<;hts and duties ; on the powers which were possessed by iler Britannic Ma.jesty's (government of preventing unlawful equipments; and setting forth the manlier and circuni- stanc(!S in and under which these powers were exercised during the war, Part III, pages 23-50 23(1-371 IV. Considerations proper to be kept in view by tbe arbitrators in entering on the cases of the vessels siM^citically mentioned in the four following parts, V, VI, VII, and VIII, Part IV, pages Sl-.IS 27i2r) V. Statement of facts relative to the I'loiida, I'art V, pages 53-80 •i',UVf, VI. Statement of facts relative to tbe Ahibama, Part VI, pages 81-110 aoc-'ia VII. Statementof facts relative to the Georgia, Part VII, pages IJO-lS.'i ;iJt-;i:;i VIII. Statementof facts relative to tbe Sheuaiidoah, Part VIII, jmges 13(i-lC2 TA-iiiH IX. Kecnpitulation of the material facl« stated iu tbe preceding parts. Part IX, liages lti;i-l(i.") •I(l7-41ii X. Kemarks in conclusion, Part X, pages IGti-KiB 411-41J Tun Appendix to the Case consists of four volumes, the Contents of wnuii AUK AS follows: Vol. I. Correspondence relating to the Florida, Alabama, Georgia, and Sheuautloab. (Sec vol. 1, 2)ag€s '-217 to 1002 of this editiou.) Vol.11. Correspondence relating to the Siimtv;-, Na.shville, Georgiana, Piiantnui Southerner, Alexandra, and other vessels respecting which repieseiitatioii:* were made by the Government of the United States to that of Her Bri- tannic Majesty during the civil war. {See vol. II of this edition.) Vol. III. Papers relating to the commencement of the civil war ; proclamations and regulations issued by the governments of Great Britain and other coun- tries during that war; the v.Liitrality laws of the United States and of Great Britain ; judgments delivered by the British Court of Exciieiiiiir and by the Supreme Court of the United States; conespondence betwein the Governmenfc of the United States am', the governments of Spain and Portugul relative to the fitting out of privateers in the ports of tlie fiN- named country; and the report of the royal commission appointed to inquire into the character, working, and eJfict of the British laws for tlie enforcement of neutrality. (See vol. Ill, j)ageii 1 to 395, of this edilioii.) Vol. IV. General correspondence on the "Alabama claims," presented to Parliament. (Sec vol. Ill, pages 397 to 965, of this edition.) i ■ ' , Sl PART I. STATEMENT OF THE MATTER llEFERRED TO THE ARBITRATORS, AS IT IS UN- DERSTOOD BY THE GOVERNMENT OF HER BRITANNIC MAJESTY. }/' The governraent of Ilei' Britannic Majesty, in proceeding to state, for the inforinatiou of the tribunal of arbitration, the facts i.A„Ti._i„tr«dui. and arguments Avhicli appear nialerial toa just adjudication "'^»«"t«-""" on the claims to be presented by the Government of the United States, tindsit necessary to remark, in the tirst place, that no definite and com- plete statement of those claims, with the grounds on which they are (oiuuled, has ever been furni: « * « « * » AuTicLE II. The Arbitrators shall meet at Geneva, in Switzerland, at the earliest cnnveuient day after they shall have been named, and shall proceed impartially and ciircfnlly to examine and decide all (luestions that shall be laid before them on the part "I' tlie Governments of Her Britannic Majesty and the United States respectively. All iliifstions considered by the Tribunal, including the linal award, shall be decided by a ■iiiijority of all the Arbitrators. Akticlf. VI. In deciding the matters subnutted to the Arbitrators they shall be gov- iriiwl by the f(dlowing three rules, which are agreed upon by the High Contracting I'iiities as rules to be taken as applicable to the case, and by such principles of inter- national law not inconsistent therewith as the Arbitrators shall deteru'ine to have wen applicable to the case : RULB8. within A neutral Government is bonnd — I'irst. To use due diligence to prevent the fitting ont, arming, or equipping, i is jurisdiction, of any vessel which it has reasonable grounds to believe is intended jo cruise or to carry on war against a Power with which it is at peace ; and also to use I 'Ike diligeuoe to prevent the departure from its jurisdictiou of any vessel intended to 208 TREATY OF WASHINGTON. &|i M;!^^ criiiso or carry on war as above, such vessel having been specially adapted, in wholt or in part, witliin such jurisdiction, to warlike use. Secondly. Not to permit or sutler either belligerent to make use of its ports or wa- ters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military su|tplies or arms, or the reeruitme.it of men. Tliirdiy. To exercise duo diligence in its own ports or waters, and, as to all pn- sons witliiu its jurisdiction, to prevent any violation of the foregoing oblijrations and duties. Her Britannic Majesty has commanded her High Commissioners and Plenipotentiarifs to declare that Her Majesty's Government cannot consent to the foregoing iiilw [2] as a statement of •principles of international law which were in forte at tlie time when the claims mentioned in Article I arose, but that Her Mnjesty's Gov- ernment, in order to evince its desire of strengthening the friendly relations between the two countries and of making satisfactory provision for the future, agrees, that Id deciding the questions between the two countries arising out of those claims, the Ar- bitrators ,hould assume that Her Majesty's Government had undertaken to act upon the principles set forth in these rules. And the High Contrjicting Parties agree to ob- serve these rules as between themselves in future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them. AuTicr.K VII. The decision of the Tribunal shall, if possible, be made within throp months from the close of the argument on both sides. It shall be made in wrltin;;, and dated, and shall be signed by the Arbitrators who may assent to it. The said Tri- bunal shall lirst determine as to each vessel separately whether Great Britain has, liy any act or omission, failed to fultill any of the duties set forth in the foregoini; three rules, or recognized by the principles of international law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In case the Tri- bunal find that Great Britain has failed to fulfill any duty or duties .is aforesaid, it may, if it think proper, pi'oceed to award a snni in gross to bo paid by Great Britaiu tn the United States for all the claims referred to it ; and in such case the gross sum so awarded shall bo paid in coin by the Government of Great Britain to the Govern- ment of the United States at Washington within twelve months after the dat* of the award. Ahticle X. In case the Tribunal finds that Great Britain has fjjiled to fulfiU any duty or unties as aforesaid, and does not award a sum in gross, the High Contracting Parties agree that a board of assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on acconnt of the liability arising from such failure as to each vessel, according to the extent of such liability as decided by the Arbitrators. Articlk XI. The High Contracting Parties engage to consider the result of the pro- ceedings of the Tribunal of Arbitration and of the Board of Assessors, should sueh board be appointed, as a full, perfect, and fin.tl settlement of all the claims hereiutie- fore referred to ; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the Tribu- nal or Board, shall, from and after the conclusion of the proceedings of the Trihuii.il or Board, be considered and treated as finally settled, barred, and thenceforth inad- missible. The second of the above "Eiiles" is understood by Her Majesty's gov ernment as prohibiting the use of the ports or waters of the neutral for the renewal or augmentation of military supplies or arms, only when such supplies or arms are for the service of a vessel cruising or carry- ing on war, or intended to cruise or carry on war, against either bellig- erent ; and as not prohibiting any sale of arms or other military sup plies in the ordinary course of commerce ; and Her Majesty's govern- ment have no reason to believe that it is otherwise understood by the Government of the United States. The claims, then, which are referred to the tribunal are "claims growing out of the acts of" certain vessels, in respect of which the Government of the United States alleges that Great Britain has failed to fulfill some international duty. The duties specifically mentioned, and to which the attention of the tribunal is directed, are duties to be performed by a " neutral government" as such. As to each vessel sep arately, the tribunal is to determine whether there has or has not been any failure of duty on the part of Her Majesty's government. If, in the iiaiiiii claiin.s" CASK OF lil.'KAT r.I.'ITAIN. 2(U» liitl-iiiRiit ot tlie triluinal. there lias bci'ii such n faihire in respect of my spccitied vof^sel nv vessels, tlie tribunal may adopt, at its tlisere tioii. cither of tvrb courses. It uiay. on the one hand, award such a jfross «iiiii as tiie arbitrators may deem Just to be paid by Great Uritain, in iiill satisfaction di' all well-founded claims on the i)art of the Unite«l States, "jirowin.cr out of the acts'' of tlu^ vessel or vessels in respect of which tiiere has Ixen a failure of duty ; or, on the otlu>r hand. It may content itself with de<'ion to deternnne whether, i;i respect of i'crtain vessels not designated by name, the government of (iicat Ihitain, as a neutral jmwer, has made default in the performance (if any international obligation ritanni<- ^Majesty's governnuMit to I'liilmice all claims '•growing'' (to use the language of the treaty) "out "t acts conunitted by" this vessel, and by other vessels which are ille^eil to have been procured, like the Alabama, from British jmrts 'liiriiig tlie war. and under circumstances more or less similar, an«l to 'le emitiiied to such claims. The only vessels in res])ect of the acts of \^liicli claims have been made by the Governnjent of the Tnitetl States "1 that of Her Ibitannic ^lajesty, either during the civil war or in the >ix Years which have elapsed sinct^ its tern)inatiou, are the Alabama liirsclf, and the vessels formerly known as the Florida, Georgia, and i%iiiuidoah. On one i)ccasion, indeed, since the close of the war. I'lauioly. ill a dispatch dated L'Tth August, ISOO, and communicated by 'liiMiiiiiister of the United States to Her Majestv's government, men- 14 A ! U TT '*i*»-'.|i 1 210 lUKATY OF WASHINGTON. tioii was iiuulo, of ji vessel called the Sumter, as one of those in ivspLvr of which the Government of the United States conceived itself to liavi claims against Great Jiritain. But no claims in respect to the Suintci were in fact included in the detailed list which was inclosed in that (lis patch and then presented to Her Britannic ^Majesty' overnment, noi have any such claims been presented before or sij»'^ Xor is Her ]>ii tannic Majesty's government aware of any grouiuls on wliicii siuh (Haims could be made with any show of reason. Iler liritannic Majeshs government is, therefore, entitled to assume that the claims rcforiod tu the tribunal are claims "growing out of the acts" of the four vossdv above named, or of some or one of them. The circumstances under which these four vessels respectively saiicii from ]>ritish ports, and came into the possession of the goveniiiicntfi! the Confederate States, and the considerations which the tribunal will be called upon to apply to them respectively, are, as will hereattoilii seen, dissimilar in very material resi)ects. Her Jiritanni(; Majesty's government, however, maintains that in respect of none of tluin w'liv there, on its part, any failure in the discharge of international ohlipi tions rendering (.ireat Britain Justly liable to nuike reparation to tin United States for acts committed by them, or by the persons in wIkisi possession they resi)ectively w»>re, out of the Jurisdiction (tf the British Crown. For the guidance of the tribunal in adjudicating on the «[uestioiissiili mitted to it, three "rules" have been laid down, which, by agreeiiun! between the two gov<'rnments, are to be taken as applicable to the case, and to be reciprocally observed in future by Great Britain and tin United States. These rules purport to lay down certain specific ohVvfii- tions incumbent in time ot war on neutral powers. By them, and by such principles of international law not inconsistent with them as tlif tribunal shall determine to have been applicable to the c;ise, the trilni nal is to be governed. Her Britannic JNLijesty's government has de «!lined to give its assent to these rules as a statement of principles ol international law whi(;h were actually in force at the turn? when the claims now submitted to arbitration arose. But by Her Britannic; Majesty's government, as well as that of the United States, they are believed ami intended to be not at variance, but in substantial accord with the general i)rinciples of that system by which both powers alike hold tliem selves bound, which they alike desire to preserve sacred and inviolate. and from the dominion of which neither of them i)roposes to \vithdra^\ the questions that have unliapi)ily arisen between them. Accepting? tlic rules sincerely ami without reserve, in the manner expressed in the sixth article of the treaty. Her liritannic Majesty's government will assinm (as is, indeed, clearly implied in the terms of that article) that theyaiv to be construed with reference to, and in connection with, that loiii; established body of international rules and usages which was, and still is, common to Great Britain and tho United States with other civili/eil peoples. -lovcrnnient. CASK OF (IHK.\r HKIT-MN. 211 [^] M'Airr 1 1 vTVTEMENT OF EVENTS WHICH ATTENDED AND FOLLOWED lllE COMMENCE- ME\t OF THE CIVIL WAR AND OF THE COIJKSE FURSUED JN RELATION TO "it BV GREAT BRITAIN AND OTIIEll ]IARITIME F0WER8. Deloiv ai>pioacliin};' the cases of the ve>;sel.s to whieh tlie chiims in (|iipstioii are uusty's .uovorn- iiiout. aENKKAL riioi'osrrioNs. The Ibllowinji' pro[>ositions are believed by ITcr Alajesty's j^overnnient to be in accordance with the principles of international law and the practice of natious : 1. It is the dutj' of a neutral ft'overnnient, in all niatt. Maritime war being carried on by hostilities on the high seas, and tiiroiigh the instrumentality (ordinarily) of vessels commissioned by public authority', a neutral power is bound to recognize, in matters re- lating to the war, commissions issued by each belligerent, and captures made hy each, to the same extent and under the same conditions as it it'cogiii/es commissions issucMl and captures made by the other. L Where either belligerent is a community or body of persons not it'coguized by the neutral power as constituting a sovereign state, com- iiiissions issued by such belligerent are recognized as acts emanating, not indeed from a sovereign government, l)ut from a person or persons oxercising ev(!n States — South (.'arolina, Florida, Alississippi, Alabaum, Georgia, Louisi- ma, and Texas — had one by one formally renounced their alh>gianco to Hie Union and declared themselves independent. They hatl formed themselves into a separate confederation, under the title of the " Cou- ti'tlerate States of Xorth America;" had adopted a federal constitution, I'l'^titutcd a twleral legislature, executive, and judiciary ; taken measures 21-2 TKKATV OF \VA.SilIN<}TO\. i*)>^ to raise an army of 100,000 men, and appropriated sums of money ainomn ing to iif2,0LM),'tsr. (ecpial to more tluui 10,000,000 iVancs) towant tlic creation of a navy. This series of events commeneed in Noveiiilior. 1800, and was completed before the end of March, 1801, at whicli tiint the confederate legislatun^ had been for more than a month in session, In Ai)ril, ISOl, hostilities commenced between the (lovernment of tin Union and the Confederated States of the South : and shortly afterwiud four other States — Viri>inia, North Carolina, Tennessee, and Arkaiisiis — likewise sei)arated themselves from the Union and Joined the ('oiifcd eracy, which thus embraced a vast and comiiact territory, extendin;; from the river Totomac to the (!onfmes of the republic of Mexico. The war began with the attack and boinbardment by the confedeiatts of Fort Sumter, a fort situate at the mouth of Charleston Harbor, and held l)y a small gariison of United States troo])s. On the reduction oi this i)lace, which was si)eetlily eli'ected, followed within a few daystlir seizure, by Virginian militia, of Harpei's Ferry, an important militan arsenal at the confluence of the rivers Shenandoah and Potomac, anil of the great naval arsenal and shipbuilding yards of Norfolk, where the James I'iver discharges itself into Chesapeake l»iiy. Fovt Sumter |5J surrendered on the l.Sth April. ( )n the liith the * J 'resident of the United States issued a proclamation (calling out militia to the mini ber of 75,000 men.' On the 1 7tli Mr. .lelferson Davis (who had been elictod in February to the ollice of President of the Confederate States) pnb lished a c()unter-i)roclamation, inviting applications for letters of niarqm and reprisal to be granted under the seal of the Confederate Stat(> against shi])s and property of the United States and their citizens. By a further proclamation, dated the 10th April. President Lincoln. after rel'erring to the proposed issue of letters of marque, declared that he had deemed it advisable to set on foot a blockade of the i)orts within the seven States then in revolt, "in pursuance of the laws of the UiiittMl States and of the law of nations in such case provided." ■ For tIiis]>iiriio.sc ii competent ibrco will lio jiosted iso as to pri'venf- t'litriiiK'c .'ind ixii of vessels IVom tlio i)oi-ts aforesaid. If, tlicreforc. with u view to violate siitli lilock- ado, .1 vessel sliall approach, or shall atteinitt to leave any of the said ports, slic will he duly warned hy the commander of one of the sai may be deen\ed advisable. By another proclamation, dated the -7th April,' the blockade was declared to be extended to the ports of Northern Virginia. On the ])ublication of these proelannitious, Lord l^yons, then IIii Britannic Majesty \s envoy at Washington, requested of the Governuieiit of the United States that he might be furnished, for the guidance of British merchants, with definite information as to the manner in wliicli the blockade was to be enforced. He was assured, in rejily, by )h. Seward, then United States Secretary of State, that it would be con ducted as strictly according to the recognized rules of public law, and with as much liberality toward neutrals, as any blockade ever was bv a belligerent. ■ To the minister of the (^ueen of Spain, ]Mr. Seward wrote as follows: Sik: In acknowledging the receipt of j'our note of the lUlth ultimo, on the sulijectui the blockade of the i>arts in several of the 8iutcs, I deem it proper to state for ymn further information : 'Appendix, vol. iii, p, 2. ilbid., p. 6. •Ibid., pp. 10, 11. -Ibid., p. 4. ^ Ibid., p. 9. (ASK or (iKKAT I'.l.'l TAfN. 21 iUid I'xii h lilock- ilic will will ill- chilli .S(Mlt t" ini/r n- 0. \v;l> IK'l iimc'iit nice of wliii'li by Mr. DO con- iw, aiul was by lllpjl'L't 111 t(ir vmii 1. That the lilockailt' will In' strictly cnlon'iMl upon flic |Miiici|ilcs ii'c();;iii/i(l liy tlic liiwof iiatiDiis. •>. Tliiit iirincd \cssclfi h seas. Vessels or car«>"oes so cai)tured were carrit'd before, and condemned by, courts of the United States exereis- iiij: jurisdiction in matters of prize; and the validity of the sentences thus pronounced was upheld by the Sui)renu'. Oonrt of the United States, wiiich is the highest court of ai»peal in such matters. Air. Juh- liceClnor, in delivering the Judgment of the court on this question, sail! : To l('^itini:itt! tin- capture ol' a neutral \ essel or jiropi-rty on tlie liiji'li s.'iis, a war iuuhI ■xist ('(' /(('•'(), iind tlio nontral nnist Iiave a kn()wled;L;e oi' notiei- of the intentiou ^f one if llie jiarties helli^icrcnt to nse this inede of coercion auaiiist a jtort. city, oi' territor>- ,11 possession of the other, 111 a subscipient part of tiie same jiulgment he added : Wlullier the I'resident, in fuUillinj;' his duties as coniniandcr-in-chicd" in suppres.siuj;' aiiiisiirrtction. has met with such arnu'd liostilc rt^si.stauce. and ii civil war cd" such ;i'inniiiiii; iiroportioni-i as will 4'()Uipt'l him to accorree of toi'ce the '.risis demands. The iUdclaiaation of the hlockade is itself oilicial and conclusive evidence) to tht; court that .1 ■itatc (if war existed which demanded and authorized a recourse to such a uicasure iiiiilir the circninstauces peculiar to the case. The correspondeiU'C of Ijord l-yous witli 'i'ii('S|.ii(tary of State admit.s the fact, and concludes the i|uestion. (i] *()n the ;)d I^Iay, ISfil, President Lincoln din'sted that the naval force of the United States should be increased by (lie enlist- liuiit of 1S,(K)(> additional seamen, and their land for(;es by fifty addi- lioiial rogiuieuts, ])artl\' of regular troops aiul j)artly of volunteers, with ill! ;i,ii;;iegate maxinuun of o4,74S men. It IS needless to refer particularly to tlie subset hostilities were carried on over an inunense area, with varying for time, for nearly four years : and that the contest terminated, in 18G5, 111 till' complete reconquest of the eleven Confederated States, which, filter being held for a considerable time under military control, were liiially re-admitted to their original position in the Union. The events stated above are mattt'rs of general notoriety, re«;orded in tlio liistory of the period. On the 3()th April, 1801, . Air. Jefter.son Davis, as Tresident of the t'oiifoderated States, addressed to the congress of those States a mes- ''iige, which contained the following passage: llip operations of the navy department have been iuiec.s8;u'ily restricted by the fact I ''i:it snlHcient time has not yet elapsed for the purchase or coustructiou of more than ' Appendix, vol. iii, p. 10. 214 TKEATV Ol' WASlllNaTUN. aliiiiitnl miiiilx i »ii' vt'hsclH n(lni>te(l lor tin- imldic Horvicc. Two vcnsrls liavc bw, propni'dl iiiid iiiiiiiiK'tl, tliM Smnt<>i' and McWiic, and nro now Ijoiii^ ])i'c|iiir<-d tor xcii at NowOrlfariH with all jioHsildu disiuitrli. Oil tlio l8t May, ISOl, Mr. kScwiu(1, Si'cretiir.v of State of tlu' United States, addressed to the: Britlsli Minister at Wasliingtoii a, j;t'd an iiisnni'ctionary war a^jniust tlii- (Jovoinniont. They aro hn.viiiK, and cvt-n sj'i/.inn', vessels in several places for tin- |iiii poHc. of furnishin;j; tlu^niselves with a naval force, und they a''* issnin^j letters ni inavqno to jirivateers to bo einjdoy(Ml in preyinnj on the coinnierce of this conntry. Vdi arc aware that the IMesident has proclaimed a blockade of the ports, inclndeil ujtliii the insnrf^ent States. All these circninstances are known to the world. On the (5th IMay, 18(»1, the eon^ress of tlie Confederate States passed au act entitled "An act lecogniziw};' the existence of war between tin United States and the Confederate States, and eoncernino- letters ei marque, prizes, and prize-goods."-' The first section of this act \va.sa> follows : The contjress of the Confederate States of America do enact that the jiresidcnt o; the Confederate States i.s hereby anthorizcd to nse the Avhole land and naval fonvd; tho Confederate States to meet the war thus connnenced, and to issne to jtrivate vi> .sels connnissions or letters of niartpi' ind {general reprisal, in snch form as lie slial! tliink proper, tnidcr tho seal of the ' '.li federate States, a<;;ainst tho vessels, <;oo(ls. am; effects of tho United States, and of the citizens or inhabitants of the States and IViii tories thereof; provided, however, that property of the enemy (inilt;ss it be contnihnii^ of war) laden on bo.ard a nentral vessel, shall not 'lo snbject to seizure iiinler this act: and inovided further, that vessels of the citizens or inhabitants of the I'nited Stati- now in the ports of the (Jonfedeiate States, exceiit snch as have been since tlie.'ll April last, or nuiy hereafter be in the service of the (Jovernmcnt of the rnited Statr< shall be allowed thirty days after the publication of this act t<» leave said ports am reach 1 heir tlcstiinition ; and such vessels and their carj^oes, cxceptino' articles eoiitr;! baud of war, shall not be subject to capture under this ;ict durinj;" said pcriml, uiili>- they shall have prmiously rf.'ached fhe (lestinatim! i'av which they were IioiukI v. leaving said ports. The act tluiii jiroceeded to lay down in detail reonlations as to tin conditions on which letters of injir(]ue should be granted to pri\ ate ve^ sels, and the conduct and behavior of the officers and crews of sudi vessels, and the disposal of prizes made by them, similar «to the regulii tions which lune been ordinarily prescribed and enforced with respioi to privateers in the United States and by the maritime powers of Kii rope. The fourth and .scventii sections were as follows: 4. That, before any commission or letters of mar([uc and reprisal shall be issiii'd ;i> aforesaid, tho owner or owners of the ship or vessel for which the same shall ho n quested, and the commander thereof for the time beinfj;;, shall give bond to the Con- federate States, with at least two responsible sureties not interested in such vessel, iu tho penal sum of !i)i5,000, or, if such vessel be provided with more than 150 men, thcnii. the penal sum of $10,000, with condition that the owners, officers, and crew who shall bo employed on board such connnissioncd vessel shall and avIU observe the lawsoi tho Confederate States, and tho instructions which shall bo given them according ti' law for the regnlatiou of their coudnct, and will s.atisfy all damages and injuries whid shall be done or committed contrary to the tenor thereof by such vessel dining liei commission, and to deliver up the same when revoked by thN(;liisivi' oi'i;;iiial • iiUiii/iiiK'*' tiu'i'i'ol, UH tlio civil caiiscsof iiiliiiiiaity aiul inaritiiiicjiiiistlictioii ; mid tiii; miiil courts, or tho <<»iirts li('iu;f rointM of" tlio CoiiiV'tltTatt! Stattss into which siicli cuscm xjiall he ri!iiiovc(l, in wliich tiicy shall In; liiially le. A liutlior act, t'lititlcd ''An net regulating tlu' .sale «)1' pri/e.s and the distrilmtion thereof," wa.s likewise^ passed by the Congress of tlie Toii- f.'dcrate States on the 14th of 3Ia.v, l.SOl.' Miiiiy i)er.sons who had served as ollicer.s in the Xa\y of the I7nited States ollored themselves for employment in tlui naval service of the <'ou('o(lerate States, and tho.se for whom employnnMit eonld he found were received and em|)loyed in such .service. In and .soon after tho month of May, ISOl, a number of armed .shipu, mostly of small tonnage, wen^ fitted out in and sent to sea from ports ill (lie Coidederate States, and a considerable number of cajiturea were made by them. .Some of these were commissioned as public ships of war of the Confederate States, and commanded by oHicer.s in the naval si'iviec of the confederacy; others as private ships of war or privateers. Aiaonj;' the armed vessels which were so lifted out and matle prizes were t!ie Calhoun, a steamer of upwards of l,()()() tons, sent to .sea in May, ISiil ; the .letV. Davis, Savannah. St. ><'icholas, Winslow, and York. More than twenty i)rizes were nuuh^ by these vessels. The Sumter (to wliieli ref(M'ence will b»' made hereafter) went to sea in .June, ISCJl ; the Sallie and ^'a.shvillo in October, ISO] ; the Echo in 1802; the Jtetribu tionand iJoston in l.S(i.">: the (Miickamauga, Olustee, and Tallahassee in ISiil. These ves.sels are said to have taken from sixty to .seventy prizes. it apitears from an ollicial report of the Secretary of the Navy of the I'nited States that the number of vessels ca]>tured and destroyed by vessels of the United States during the war, for breach of blockade or i)i battle, exceeded 3,200. NH^■Tl^^Ln'^ <>f the makitimk im»wi;ks. The iiiiiritime powers, on ri'ceiving infoiination of theoutlueak of the war, resolved to maintain a strict and im[)artial neutrality in their rela- tion.s with th«' belligerents, holding that it did not belong to them, as ;overmnents, to decide on the questions which had unhappily divided the American people, nor to take any part in the contest on whi(!li the future of the American Commonwealth ai>peared to depend. Of all the nations of the world, (Ireat Britain, by reasoii of lier geo j,'rapliical position, the activity of her maimfacturing and trading in- dustries, her vast commerce with America, the extent and number of her tiiin.«atlantie possessions, the magnitude of her military and com- luercial marine, and its dispersion, not only over tho .seas bordering on the Anierieau coast but over every part of Ihe world, was the power most immediately and profoundly attected by a civil war in the United 'States. The European power which, after Great Britain, possessed the largest marine was Franpiiy at peace with all sovereigns, powers, and states; And whereas hostilities have, unhappily commenced hotweeu the Government of the 'Appendix, vol. iii, p. 15. Ibid., p. 17. •Jic liiKvTV n|- W AS||IN(il().\. I jiilrtl Slali'> 111' AiiicricM ;iiul rcrliiiii Siiiii-s st vliii>i flifin-icUi , i he ('i>iilriliT,itc >iiiti- of. Vim licit ; And u lit'icns \\r, lu'iny nt, iicjirc with tin' < Hivi'iiiiiiciit of i In- I'nilfd St.iio, lim, il< rliii't'd oiii I'cix 111 ilclciniiiiiiliiin to inaintiiiii it stiiit iiiid iiit|iiu I iiti iii'itli'ulil> in ||i, iMinti'sl lit'twcfit titc said cDiiti'iidin;; |iai'ti('H; NVc lltfii'tntc Ititvc llinit^fltt lit, Ity iind with lite iid\ ice ofintr i>ti\,\ i unnil. tn i,M . this iiiir I'o.Mil iii'ix'liiniittiott. And wt' do licit 'Ity sliii'tly clittr;,'c it nil ciininnind nil iiiir Inviii;; sttlijccls tn hIimi' , strict ncittntlity in itnil tlnrin;> llic itturcsaiil Inistilitic'^. iiinl to atistain IVmn viiijaim- or ctintiavt'iiin;; cithci' >Im' lavN.s a ltd statutes ot' I lie realm in litis lieliall', of the Inw i,: nations in relation thereto, as they will answer to the contrary at their ]ieril. Ami whereas in and liy a certain stitiite made and |iassenses, withm,; His Majesty's license," it is anion;; other things deelareil ami enacleii as follows: ••That it' any natnial-liorn siiliject ol' His ^Fajcsty, his heirs ami successors, witlinur the lei;ve or license of 1 lis Majesty, his heirs or siiccessors, fur that ]iiiriiose, lirsijuiii and (ilitaincd. nndcr the si;;ii manual of llis Majesty, his lieiis or successors, roviiice or p«'oitlc. either as an ollict^r or soldier, nr .:i any othei' inilitar\ caiiacity : or if any natiiral-liorn snliject of His Majesty shall, with- niit such leave or license as aforesaid, accept, or a^ree to take or accept, any (■oiiiiiii- sion, w, ".riant, or aiipointineitt as an olHcer. or shall enlist or enter himself, nr i.li,il; a^ree to enlist or enter himself, to serve a.s ii sailor or marine, or to he enijilovcd.ni en^a^t'd. or shall scr\ c in and on lioartl any ship or \cssel of war, or in and on Imiini any sitiii '"' ^ cssci used or litted out, or ei|iii]iped oi' inteiideil to he used, for any warliki piir]iose. in the service of. or for, or under, or in aid of any forci;;n iiower, jnincc. stati . potent.'ite. colony, jirovincc, or part of any province or iieojile, or of any person or pci- sons cNercisin;; or assiimiiiji to <^\ercis«? the iiowcis of jroverniiient in or over an;. foreign country, colony, jirovince, or jiart of any province or]>eople; or if any rutiiral- horn snhject of His .Majesty shall, without sneli leavt; anil license as .-iforesaid, ei;i,'ai;, , contract, or aj;ree to ^o, or shall ;;o, to any foreien state, country, colony, province m part of any jirovinee, or to any |>lace, heyond the seas, with an intent or in order tn ii:- list or enter himself' to serve, or with intent to serve in anv warlike or military niii'ia- lion whatever, whether hy land or hy sea, in tins service ot', or t'or, or under, or in aiii of any forei;;!! prince, state, ]>o, or to .•t<;rec toi,'" or embark t'roin any part of His Majesty's dominions, t'or the purpose or with intenr to be so enlisted, entered, eii;;aj;cd, or employed as aforesaid, whether any eiilistiiii; money, pay, or reward .shall have been or shall be actually given or received, or my. in any or either of such castas, every person .so otleiiding shall bo deemed guilty of a mis- ileuieanor, and upon being eonvieted thereof, upon any information or indictiiHint. Nliall be punishable by lino and iuipri.sDumeiit, or either of them, at the discretion m the court before which such ott'eiuler shall be convicted." And it is in and Ity the said act further enacted : •• That if any iieraoii within any part of the United Kingdom, or in any part ot Hi> ^lajesty'n dominions beyond the seas, shall, without the leave and license of His Majisty (ASr, ul- (;|,M'\T I'.UnAIN. -'17 III ;,rtlitil |iiii'|i tittiu^j out, or aniiin;;, ol' any Nliip oi' vessel, witli intent or in iiilrr tliut saeli sliip iM' \ es.-tel sliall lie eni)dnyi'il in t lii' service of any loreij^n priitee. .\:['.r. el' |iotentate, or of anv foreijrn I'olony, |ir(i\ inee, oi- pari of any ]irovinie or peo- i,li., or iif any perMMi or persons e\eicisiiin oi- assnniin;^ in esereise nny powerw of ijov- .riuiH'iit ia or over any forei;^n stale, eolony. province, or part of any pro\ ineo or jieo- ,il,., ;is n transiiort or store-sliip, oi' with intent to i rnise or eoniinit lioslilitie.s against i!i\ priarr, state, or ]iotentate, or anainst the snlijeets or eiti/etis of an.\ prinee. stati-. ,r liiitrntate, or a;iainst the persons exereisiu;; or .assnniinjj; to e\ereise tlie |io\\ersri| cranu-nt in any eol(Miy, province, or part of any province oreonntr.s. ora;;ainst tin ^lAcranu-nt in any conniy, province, or pan oi any province oreonnTr.s. ora;;ainsr ine "iihiiliitinits of any forei;;n colony, ]iidviiMe, or part of any jtio\ ince iu 11 ti II I lit I'll li II n 1(1 i 1 1.^ ..itij isty'.s cnstoins or excise and the ofticeis of His Majesty's navy an; eniixiwcred ri'S|icetively to make siaziires under t he l.aw.s which may lielop'. to or Ik; on boanl of such ship or vessel, may he iirosecutcd iiiil ((iiiileianed ill the IiUe manner and in sncli courts as shi|is or vessels may lie (iros- ■riiiciliinil ciindeinned for any breach of the laws made for the ]ir(iteetion of the revc- ,.i'.,,,..t..,.,^ i.ii.i ..^-..'t^,. /,'i' /.I' 1 1,., I., i>'^ ..r f I....I .1 I,.,. I,..., t ;..■> " iuiu riiliili uiui II ii'i ,lii,\ iiii-tii 11 I'l I III: i(l^^> illjKli li'l I HI Jilii :us (if ciistoiiis and e.\cise. or of the laws of tradi' and iia\ ij^ation." \iiil it is in and liy the said act further enait ed : •Tliiit if any person in ;my jiart of the rnited Kiii.i^doiii of (Ircat lirilain and lie- ::i:;(l, (ir ia any jiart of His Majesty's dominions lie.\ond tlie seas, w itliont the h^ave and luiiisi! oi' Mis Majesty for that purpose tirst had and olitaiii'-d as aforesaid, shall, liy iililiii;;t(i the nninlicr of the j;nns of such vessel, or hy elian^jinj^ those on board for other ;iiiis. or liy the addition of any ei|ni|iment for war. increase or aii;;nii!nt, or procure t, or ]iotentate, or of any person or jiersons exercisinj; or assnminj;' iiii'Xci'cisc any ])owers of jvovernini'iit in or over any colony, province, or part of any 1 i>r(ivince or )ieoi)lo beloiifjin.ii to the subjects of any sncli prince, state, or poteiitati'. ol* I'liii' iiilialiitants of any colony, province, or ^la.rt of any province or country undei- j iii' idiitidl of jiny person or jiersons .so e.xercisiin;' or as.^llnlinJ^■ to exercise the jiower.- 't Uiivci anient, every sncli person so olieiidiiii;' shall be deemed ijnilty of ;>. niisde- i :iii;iii(ir, and shall, upon lieing convicted thereof upon any information or indictnit nt. '"■p'liiislialih? by line and imprisonment, or either of them, at the discretion of the couit '«!"rc which such offender shall be convicted." ■Vow, in order that none of our .sulijects may unwarily render tlieinselves liable to lii'pi'iialties impo.sed by the said statute, we do hereby strictly command, tliat no "i^iiM or per.sons whatsoever do commit any act, niaiter. or thin'.:; whatsoever contra ly '"the provisions of the, said .statute, upon pain of the several .penalties by the said ''Hiitc iiiiprised, and of onr liij;h displeasure. .\n(l we ilo heniby further warn all our lovinj^ snbjeets, and persons whatsoever ■iiiu III- no iienniy iiuTiier Avarii an onr lovinj;; snojeers, aim persons wnaisoe\cr iititliul to our ])rotectioii, that if any of them shall iiresiiine. in contoinpi of this onr ".Viil ])r(Klaiiiation, and of our liis'i displeasure, to do any acts in derogution of their ''Hy as .siihjects of a neutral .sovoroij^ii in the said contest, or in violation or contra- Vvntirtii .,4' 4-1... 1.. — ...i.' *: :.. ai...* i...i...li'. — r. i .. 1 ..^.. :..ll.. l.,. Mil'/ i:;p 21 s Th'Kv^'IV OF WASHINGTON. tjiilist or «!iijfiij^o ill any such uirvicii, or by proiMirinfj; or attoiiiptiii};' ti) iirDciuc, withii; Her Mii.jeMty's doiiiinions at lii)mn or abroad, otlusr.s to do ho ; or by littiiifj out, anniii", or eiiuippiiif^ any .ship or vcssr) to Iw oinployrul as a ship of war or privati-er or trans port by eitlior of the said contoiidiiig parties; or by broakinj^ or cndoavoilni; to l)i(>;ii, any blockado lawfully and actually <;stablislicd by or on behalf of i;itli. r of tlio suid rontendins parties; or by carryinj^; oiliucrs, soldiers, disi)atchcs, arms, ndlitavy ,stor(>. or materials, or any article or artic^los (considered and deemed to ]»i5 contraband of war according to the law of niodcn'u usage of nations, for the use or serviiJt; of eitlK.rof tin said contending parties, all persons so oHending will incur and be liable to tiic si'vcriil penalties and ]»eual conscMiuences by tlx' said statute or by th(! law of luitioiis in tlmt iK'half inii)osct of intelli}j;'ence that President Lincoln had published a proclamation of blockade;- nine tlays attor ii copy of tliat ])roclaination had been received from Her Ihitaunii Majesty's consul at Xew Vork;' and three «lays after the saiiK proclamation had been otlicially communicated to Her >Lnjesty"s som- tarv of state for foreicni aHairs bv the Tnited States minister, .Mr Dallas.' (^n the 1st June, iSfH, Uer IJritannic Majesty's jnovernmciit issiicil orders by which tlie armed ships of both belligerents, whether publii ships of war or i)rivateers, were interdicted from carrying' prizes made by them into the ports, harbors, roadsteads, or waters of the Uiiitcn Kingdom, or of any of Her 31ajesty's colonies or i)iMsessions abroad, The government of the (.'onfederate States remonstrated waiinl.v against the.se orders, as ])racticall;\' une(iual in their op(U'ati(»ii, and unduly disadvantageous to the b»Mligerent whose ports were blockaded. The Secretary of State of the United States expressed his sati.st'aetion Avitli them, as likely to '-prove a death-blow to .southern i)rivatoei ingv jlOl *These orders were strictly enforced throughout the wlioli period of the war, and no armed vessel was suffered to brinj; prizes into any British port. On the 10th June, 18G1, the government of the Emperor of flu French issued a declaration, which was as follows :'' Tahls, h lOjiiiit, I81II. I^e ministro des affaires t'trangeres a soumis a reniiiereur la declaration suivanti'. m"' s,i ni.i.iesti^ a revetue de son approbation : l>K< I.AISATION. Sa majoste Tempereiir des Franvais, ])renant en consideration I'etat de piiix m"' existe entre la France ct les J^tats-lJnis d'Amdriiiuo, a. n-solu do maintenir uiio striiti ucntralite dans la lutto engagee outre lo gouYernement uo I'union ct les etats f|" pretendent former nne confederation particuliere. En conseqnence, sa majeste, vii I'articlo 14 de I'ordonnauce do la marine ilu moi^ d'aoTlt ISfil, rarticlo 3 de la loi du 10 avril 18-.i5, les articles 84 et 85 du code p(^nal • Appendix, vol. iii, pj). 2 and [\. ' Ai>peudix, vol. iii, p. 4. ■'Ibid., p. 18. - " Times" and " Daily News " of May 2, ISfil. * Ibid., p. 7. « Ibid., p. 22. I.I' iiiiiii.' : ' ■ ^' ■ Hi' "iM i (•A«K oi" (;i{i:at i'.kitain. 21!) iM ct >iiiviintH dn oodo iH'iial. sans jnvjndice do rapplicatioii i|U'il poiirrait y avoir lion do laiio anx dits ooiitrovonants dos dispositions dt; Tarticlo •Jldii cod(! Napoh'on. ot dos artioh? (i') ot siiivants dn d('crot dn 21 mars l^^o. siir la iiiiiriuo iiiai'cliande, 'M'.\ ot snivants dn code jti'iial jioiir ^arnl('(^ do nior. Sa iiui.joHti' d('elai'o, on ontro, ijik; tout FraiK.ais (pii no s(> tunw pas oonforiiK- anx liri-ifiiti^s ]ir('soriptions no poiirra i)r(''tondr(i a aiionno protection d(! son }vonvoriicinoi)t DOiitii' Ics actes on inosnres. (jtiols t^irils soion). (|iie. les bolli«4('raiits ponrrai(!nt oxorct r .111 (IrcH'ter. xAroj.r:oN. \.r iiiiiiistre (les all'ain's I'l raii;;vie.s. i;. Tiiolvkm;!.. A (leciro, of whicli ;i n'iUislatiou is subJoiiuMl, was on tlio ITtli .Jnni', ''^:ll. issueil l»y Ihi^ .ydv pniuii'iit of the Quern orS[);iin:' ITiiUi.-liiticiii.l I'Ai.Aii;, Jiiiii IT, 1*(')1. Takiiii^ into oDiiKideraliiMi the reiatiuns wliieli exist I)('t\V(M!n Si)ain and tlio UnitiMJ ^tati's iif Aiiiorioa, and tlio desirability that )ho roeijirooal sontinionts of good nndor- ■■tandiij; should not bo eliangod by reason ot'tlio grave (:Vonts Avhich have taken ])laoe iut'.iat. repiihlie, I have I'solved to niaintain the most strict neutrality in the contest liij;iiii lietwoen the I'odiMal States of the Uiii(ni and the States le'doratod at the South ; :inil in order to avoid tlio daniago which might act;rne to my snbj(!otsaiid to navigatioii iiiil coiiniiorce, i'rom the want of clear )irovisioiis to which to adjust tlii;ir (MWidiiet, I do i]m\'{' the following : AiiiK i.K 1. It is forbidden in all tin; ports of tlio monarchy t<> arm. iirovide. or e(|iiip :iiiy laivalcer vessel, whato\i'r may be the tlag slo' displays. Alii. 'i. It is forbidden in like manner to tli<' owners, masters, or captains of nier- 'liaiit-vi'sscls to ace(!pt letters of iiiar(|iie, or o(yniribnte in any wa.\ wiiatsoever to the iiniiiniiciit or eqnipmonr of voss(ds of war or privateers. Alii. I!. It is forbidden to vessels of war or pri\ati>ors with fli(;ir prize.i. to enter or to remain for more than twenty-fonr hours in the jioits of the monarchy, oxoeiit in iisiMif stress of weather. Whenever this la^t shall occur, the anthorities will kec)i «atiliover the vessel, and'iblige Iter to go out to sea as soon as possible, without per- iiiittiiig her to take in any stores except tlioso strictly necessary for the moment, bnt ill lui case anus nor supplies for war. Aiir. J. Articles jn-oceeding from )ni/.o> shall not be sold in the p(nts of the iiimiai'(;hy. Alii.."). Tlio transportation under the Spanish tlag of all articles of commeroo' is i'laraiiteed, except when they are dirceted to blockaded p.>'ts. The traiisi»ortiition of ttiMtsof war is forbidden, as well as tin? carrying of papers or com.nniiioations for '" lli^'eieiits. Transgressors shall be rpsponsibli> fm' their .acts, and shall have no right '" till' protection of my goveriinuiiit. Alii. t). It is forbidden to all Sjianiards to enlist in tli«j liollig.'renr armies, or take service on hoiird of vessels of war or privateers. i'lj *Ai{T. 7. My subjects will abstiiin trom every act which, in \ioliiti()n of tlio laws of the kingdom, can lie considered as contrary to uciitrality. ' Axipcudix, vol. iii, p. 22. w 220 THKAIV OF WASHIXGTUX. .'I'lti'i'. J'liir!) til.. Aim. ■■^. Tliosc ■<■. lio violate tin- IVnrgoiiiff ]>i'()\ isions sIiuU liavt- hd rij^lif to tlm iii tion of iii.\ jfo.criiini'iit. shall sillier tlif, ( (Hisi'i;i;u\ Cui.i \vii.>. Tlio, following public iiotirieutioiis woic, pieviously to the lOtli .liun. ISOJ, issiu'il by tli(»v«'nim('nt of the Kinj; of the Netlitrlamlx: I'l'raii^liilic'ii.l Tin: H.M.ii.. In obedience to flie Kiiij^'s orders, 'he nuiiisttM's for loreii>n affairs, of Justice, iiml the marine, inc'^ent to tlio knowledge of all whom it may concern, that to j^iiard ii<^; l»r()hal)le diliicnltics duriuj; the doiihtfiil complications in the United Htatiis of N .Vinerica, no privateers nnder any lla^r, or provided with any commission or lettci !riar<|iie, or their iirizes, shall he a auniii to sea as speeilily as possilde. Dins: Oltli ■S (II 'i'he ministers ahove iiame presents, all inhabitants vi' the kiiiffdoni, that dnrinji the existiiisdi- tnrbances in the I'nited States of America they in nowise takt; jiart in iirivatfi'iiii; because the \etherlands mniunication from the niinisti', nmrin<' that the Kinj:; had authorized ,*ho naval force in the West Indies to lie sias ably stren!;tliened by His .Majesty's steam-frigate Zealand and the screw \m Dyambi and N'esuvius. for the pui po viving protection to the trade and iiaviyuiiiiii of the Netherlands during tiie contest whitdi sc-ems to be in existence in the I'liiti States of North America, wlierever it may l.e desired, accordingly est(>ems it tn lii'lii- duty to direct tin' attention of shipe.iasters. consignees, and freighters to the pfii! i" which their insurance against loss w ill be e.\])osed by any violation of the obliiiiilioib imposed on neutral powers to respect actual bluekatles. and not to eaii'y eomnibam' of wiir. or disitatches of belliirerents. In th ■T ises thev w ill I e sulijeet to all I he resulting losses thai ma>' lollnw. will. out (lie benetit of any protection oi- iiiter\ eui ion r;i/il issued the Ibllnwiiig m cular, iuldi'csst'd t<» the ]H('sidoiits of proNJnctss within th(> r.i;i/ili;iii Ktnpiiv. : ' <"hii;litr III llii iiis'kIdiIh nf jir/irincr-''. "riMUsliition.l Km hi: .lANiiiifo, .MiMsim m Koi!i:niN Ai iviir-. .Ui;iiisl 1, l^i'l' li.i.vsriuuts AM> K\ri:i.i.i;Nr Sot: The strife that has Iiroken ont. bctwcoii tli' Icderal (iovernment of tho Tnited States of North America and some of those .'•tiitr' whicii have declared themselves constituted as a separate confederation, may iirodiM .\ppeudix, vol. iii. p, 'i7. -Ibid., p -.M at' lie.ligerents iH'chiratioii IIMVitillll' ])ONV CASK OF (;in:AT mhitain. I'l I , ae.'.tioiis for our coiiuiiy.for tlic solution of nliicli it is iiniioiiaiil tliiit \i>iii' cNci-llfiKy I'liiiiiltl Ijf iHL'paveil ; niul I liavc, tiiciTloio, it'ci-ivcil imli'is IVom llis Majesty tin- KiiipcriH' to declare to your cxcclk'iu'y tliat tlic iiiiijcrial j;ov<'riiiiH'iit considers that it oiidit to maintain itself in the most striet nentrality dnrin^j the war in which those ■ stati'S'W^ jMiliappily en;:;anc(l ; and in order that that neutrality may he ]tieserved. I it is littinj;' that the loUowiu;? determinations lie observed : T!ie Contt'dorate .States have no rcco;rnizetl existcne.e : lint, Iiavinj^ constitnttMl a dis- tiiKt government dc facto, tlio imperial ,ini)v<'rnment cannot consider their naval arnia- iiienti as acts of piracy, nor refuse them, with the neeessary restri<'tions, the eliaracti'r if lie liferents which thoy have assumed. In toiit'ormity with this, Brazilian subjects are to abstain I'mm all partiiiipation and I'll in favor of one of the belli.i^erents, and thc.\' must Jiot take ]iart in any acts which ;;iii be considered as hostih.' to ^ *Tlie same trade in contraband of warmnst ]w forbidden to Brazilum ships, altliou;;h they may be, destint'd for the ports subject to the n-overnnu>nt of the Niiiih American Union. Nil sill)) with the tla<>' -if one of the bt!llie;erents. and whieh may lie. eini)loyed in this , ir, cir iij(end(Ml for it, can be jirovisioned, e(|nii)pe(l. or armed in the jxirls of the riiipiii'; the lurnisliinfi of victuals and naval jirovisions indispensable for the contin- ,;i;in;nif the voya<;e not beinj; included in this prohibition. No sliiji ef war or ciniscr shall be, allowed to enter and remain with prizes in onr l:,iil> (II- bays more than twenty-four hours, excejii in ease of Ibrced arrival, and tht^y -Ii;:l 111 1 (I w;iv be allowed to dispose. ol' tile said prizes, or ol' objects eominj; from ■ie-ii 1 i'.r . ,'tion of these measures, :ind in the solution of the questions wliich may ., V . ! a(, 'leiicy will !)(• j'uided by thi' iirinei]iles of international law, keepin;L'in niiiiilth' in.sti'uclions issued b>- lliis ministry ou the f-^lli of May, l.':-^ri4, ictaiuin^- the. ]>':rii(ii1 of the circular ol the ;;!)t!; of .Inly. If.'U, relative to the L'nited States at strife V iih t1ie Ciinfederate States; and you will communicate to the imperial ^Dveinnienf :.: viliflicultics or extraordinary occurrences that, reouire fresh instructions. I ri|ii'iil. vVc. UEN'VKMTo Ar(;i:sT(» j)r. AiA(;Ai.irAi:s iA(,»n;s. l;ilii< l',\cillency ihc 1'1!I;sii>i:m (ff Ihf rrnvimr of . Dcclaiiitioii.s. (Iccroo.s, or uotifK.'atioiis wciv likcwi.si' is.siicd by oilier liMvitiiiic poM'ovs. THE Sl'MTElf. 01' till! aviiK'd .4'ip.s .sent to sea l/v tlio Conlederato kStati'.s (liiiiiij>' tlu; liist year oftlie '"ur. two only, tl'o Snintcr aiul Xashvillo, entoictl any I'ort bolonging the ciiriunfstin; - Tlio tSujnt*' ■• " ilcimrtiiicnt ».■.' \ Hoiu'd as a imbi 'oillIliaiKUHl l»v I'^uroiieiin p )\vor. It is nocossary to state brietly ■! '•, »>i(.]i oceurret' in relation to these vessels. ;. \ ^^teanishij) Avhieli had been jjiirehased by the navy J - iTiinient of th.' < 'oni'edeiate States, was ooinnus- u --iui! of wai' in the service of those States, and was 1. . '■ er who had previously held a eoniini.ss on in the Navy of the United State.s. It iippears from the nie.s.saye of Mr. Jeffer- -011 Davis, dated 2J)th xVpril, 18G1, tmd hereinbefore referred t >, that .she liiul at that date been nnn'hased and manned, and was bein >• ttetively incpart'd for sea. "^he sailed IVom the ]Mississii)pi IfixCi on the ."•Oth •liUK', 18(31, cruised for six months, and < aptnred seventeen i)ri7.es. In the course of thi.s cruise she entered (in the order herein nanted) I'oits with ' he doiiiiiii ns of the following' soverei{?ns ttnd states, iiiiiiiely. tl. ' .en of Spain, the King- of the Netherlands, the rei)nl)lic I't Venezui]'.'; ?i} • (}ru\n\ of (Jreat Britain, the Emperor of JJrazil, and the Eiuperoi . ' • le !• i euch. She obtained cotd and supplies in the ports ot Cioiifue,uos, ( ura(;oa, raramaribo, Trinidad, tind Martini(pio succes- lively. At the time of her Jirrivitl at (Menluegos she had with her six prizes, 'ai'tiu'cd since her tlepartuie from New Orleans, tuid those she left 222 TlilvMV OK \V\SmN0TON. behind Iicm- in luirbor v/lu'ii she sailcil. The Govciiiiiu'iit of tlic I'niici States eoniplaiiied to the Spanish government of the admission of the Sumter into port, and of lier having; been i)erniitted to take in coal and water; and demanded that the prizes shouhl be released, on the ground that the capturing vessel was a pirate. The Spanish governinoiit did not assent to the demand that the Sumter should betreatedasa]>iriiU': hut the prizes whieh she had left in port were set at liberty by oidei of thecaj>tain-general of the island, on the ground that they were proved. on examination, to have been eaptiired witliin t\w territorial waters di ( 'uba, under unlawful eireumstanees. The Sumter approached the port of St. Anne'.^. C'uracoa, on tiic l.Vli July, hoisted th(^ tlag of the Confederate States, and rerpiested itormis sion to enter. Tlie governorof the islaiul withheld tliis permission ui:»'' .issured that she was not a privateer, the regulations issued by tIi(i;ov ernment of the Netherlands luohibiting the admission of privat('(r> unless in ease of distress, but granted it upon receiving from lici' com mander a de(;laration in writing that the "Sumter was a ship ( c" of his colonial coum-il. The Sumter": inaiinil eight Cnited Stato. on the l."»th of August, l.SOi, addressed to the government of tiie Nctli t^rlands a complaint and a demand for reparation.' The latter govern ment answered that it had faithfully fulfdled its duty as a neutral jiower. and would continue to adhere to it in future. In the dis[)atch «'onve.viii^ this answer the following propositions (anu)ug others) were laid . ;ill nations, without exception, maj* admit ves.^els of war beloiifiiii: to a belligerent state to their ports, and accord to them all the favnb which constitute an asyhun. 1'. As evidence that the Suujter was iu)t a pri\ateer, the governor di Curacoa was bound to l)e satistied with the word of lier coiniiiainlii given in writing, and had no right to tlemand further proofs. .'3. The Sumter was not, howcer, in fact a privateer, not beinutln' l)roperty of privati' owners. Slu. was a ship of war. i. It cannot be admitted that all vessels carrying the contederatt- lia;: should, as contended by the Covernment of the Cnited States, be eon sidered as privateers: because the princi[»les of the law of nations. ;i> well as the examples of history, nHjuire that the rights of war .>shtu;l pirates, or ••eiigaiieil." in the words of the Annu-ican Secretary ot State. " in a i)iratica! oxih' dition against the connnerce of the United Slates." This would 'kmh compatible with neutrality. Adhering to these princiides the g\tvernnu'nt of the NetlMTi;iiiil> recognized, at the sanu» lime, that it is the dut\ of a m-utral state;" take care that \ s.sels of the belligerent parties comn\it no act of li*'^ tility within the limits of its territory, and do not keep ,\at(l) in tlu ports of its dominion to attack from them vessels of the e.nemy : ami ji informed the (Jovernment of the (rnited States that instructions on tlii> iu'ad would be sent to the governors of the King's <'olonial posscvsions. Subsccpu'ntly to this correspondence, and on the lUth of August, l^^i'l Ainiendix. vol. ii, \\ 725. Ibid.. 1'. 7."0. CASE OF (iKKAT I'.HJTAIN. ')•>• the Siiuitor was a«linitto(l into the port of l*a rain aril jo. in J)ntrh (iniana, 1111(1 coaled there. reniainiu}>- in port eleven day.s.' The {Toverument of the Netherlands shortly afterwards issned orders 10 tbe authorities in its colonial possessions to the effect that no vessel of either hclligerent should be allowed to take in more coal than would lie suttioient for twenty-four hours' consumption, or to remain in ])(>rt iliiriug a lonper jjeriod than forty-ei. ^cjilimlnr :ui, l-iil. Till' imilfrsiuiin-d. ciuKy i\tiiii>r(liii:ivy :iii(l niiiiistcc iiliMiipotcntiary of tlio I'liitod ^latt's. it'mets ti> bi- <>l»li;;iMl lo iiil'diiii tlu.' i] iiiimipiil "-('riftary nf >t:itc lor li)icij;ii ati'airs. lliat lie lias been iiistnu-tcd liy tln' I'lesidi'iit 111" thf i'liiti-fl States to pi'ctt'V a ('(>iiii)laiiit a^auist the aiulioiitics of tlif i-liiiidof Tiiiii«l.-1 for a violation of Hor ^Ia.ji'sty"s proclamation of inMitrality. b\ :iviii!; iiitl anil tnu-onraji»-nient to tiic insurgents of tlio United States. It appears by iiMXtrai't from a letter recei\eil at the Department of Stale from a <;eutleman l)i - iiivi'il ti> lie worthy of eredit, a resident of Trinidad. Mr. Francis IJernard, a eoi)y of "liii'li is Niilimitted herewith, that a >team-vessel known as an armed insnrjjent priva- rxCfalled the Snniter. was reeei%ed on the :'(ith of .Inly last at that port, and was j)er- iiiiitctl ti> remain tor ^ix days, ilurini; which time she was not only fnrnishod with ali iine?s;uy supplies tor the oontinnatice of her cruise, nnder the satictionof the attoriicy- ;'(neral, biu that Her Majesty's Jia;; was aetnally iioisteil on the goveranieiit llau-statl iiiaikiiowledgment of her arri\al. riic uiiilersifjned has been directed by iiis Ko\ ernment to brinj; this extraordiiiiiry iiiMit'wliiij; to the attention ol Lord llnssell, and. in ease it shonld not b(i satisfactorily ■x|ilaineil, to ask for the adoption of such measnres as shall insure, on the part of tlu' iiitliorities of the island, tlie j>reventioii of all occnrreuccs of the kind durin;; the eon- tiimance nf the dillicnlties in America. Till' un(lersi;;iied deems it jiroper tt> add, in explanation of the absen<".; of any orticia I riproM'iitatioii from Trinidad to substantiate the present complaint, chat there was no "iiiMilof the luited States there at the time of the arrival of the vessel. Tlie niuler- ; >i.umil liad the honor, a few days since, to .-ipprise Lord Kiissell of the fact tl.at this Itlicii'iicy had been since siii>plied by prifirrinj;' an application for Her Majesty'^ c.r - ■lii'ihii- for a new consid. who is alreadx on liis way to (H'cnpy his post. Till' imder>i!;niMl. vVc. 1 si^ne.l. ClIAIMd'.s KHAXC'IS ADAMS )] •■ j Illrliislllc. ! Mr. Ill niard In Mr. f>i iranl. [Kxtract.] TllIMltAIi. Aiiijisl 7, l~l«l. I ■■ •'■■ .iiiMiiean Ms.M'is. i nave ascertained tlie names of sonn; oi ineni, viz : iiii' IJosoph Maxwell. Abe I'.radford. Minnie Miller, West Wind, of Westerly, with a car;,'o ol |*iigiir troiu Havana, and Gulden Jfockt-t, which was burnt by her off the coast of Cuba. Appendix, vol. ii. p. 734, -nnd., p. 737. « Ibid., p. 3. ■S24 ti{i:atv oi" \\asiiix(;ton. TIu' SiiiiitiT Ijiiidcd fijflit (if 1 (■!• ]irisoni'rs liero in u (Icstitiitf coiMlitioii ; Imi ;, contribiitinii lius liccii .aisiHl licro I'nr their Ijr-iii'lit. siillicit'iit to .snitply tlicir iiiiiiicili;iti wants, iiiid I will takt; ; arc that thi-y air [iroviiliMl t'oc until an ojiport unity otl'iis i„ •-hi)) them to the Statrs. Th(! Sunitiii' I'lMnaincd Ihtc till the .">th instant, and was aihiwcd to sMpjily lursi'li with coals and othtr necessary ontlits. Tin' Hriti.sh Hay; was hoisted (mi tlu; v:iivoni- ineiit lla;i-Htalt' for her arrival, and the ollieers of the liritish war vessel ('inlinn, appeared to he on amieahle terms with tlnise of the Sumter. The iiiereliant who mh,. plied the Sc'.rit.'r with coals did it with the consent and approval of onr atldnicy. t;eiit'ral. IJeiiifj !i loyal Amerii'an. 1 consider it my duty to send yon these iiiforniatii)iis. n^ there has been no consiil ot° our nation in this island lor many months. I am, Are.. C^ijjjned) FUAN('I.>< l!El,'N.\i;i). yv(f»7 L'lia.iill to Mr. .tiluiii".' lM)i{i:i(iN OriiCK. Oc/(>/)(/- 1, L'di. Tlie iindeisi^iiied, Ifer .Majesty's ))vincip:il secretary "f state for fonn^^n atVaiis, ha, had the honor to receive ii complaint from Mr. Adams, envoy extraordiiiaiy ;i:i(; minister plenipotentiary ol' the I'liited States at tliis c(Mirt, ajjainst tlio authdiiticsdi the island of Trinidad for a viol.ition of Her Majesty's proclamation of nentrality. In jfivinj^ aid and encoura^iement to the insni';xi'ids of the I'niteil States. It appears, irom the accounts reccdved at the CVdonia! Ollice, and at the Adiiiii;iliy, that a xi'ssel liearinjf a secession \\i\rt of Trinidad on the :!(itii (if .liijv la.sl. (,'aplaiii llillyar, t)f ller Majesty's ship Cadmns, Imvin.^' sent a lioat to ascertain lii; nationality, the eomni.'Uidin<>' ollicer.-diowed a commission siii'ncd by Mr. .lellersun l):lvi^. ejiUing himself the I'rt'sideiil of the so-styli-d t'onfederale .Stales. The Sumter, which was the vessel in i|uesti(in. was allowed to stay six (l;iys iii Trinidad, and to sujiply lu'rsidf with coals .and provisions: and the attorney-i;(ii'. r.il »! the islainl j)erceived uo ille;r;ility in thes!> proeeedin;;s. The law-oliicers of the Crown havi; reported that the condnct ol" the novernoi- \\:i> in conl'ormity to Her Jlajesty's proclamation. \o mention is m.ade by tln^ j;overnor (>voiiinioiil of (licat Uiitaiii '-that the l^i'osidciit (It't'i)h r(:' minister tit Washington to Her 5lajcsty's secretary of sttito fi)r foreign affairs, and by the minister of the United States in Tiontlon to the Secretary of State of the United States : Lord Lfioiix /(> luirl liii'^niU. ■\VAsiiix«iTON, Xovcmbir 1, l~iih Jlv Lor.i): Mr. Sewanl spoke to nu', the day before yesterday, respecting the .■iiliiii>- sion of the confederate vessel Sumter into Ihiti.sh and Dutch ports. NVith regard to the I)utch governmeut, Mr. Seward said that ho hud been oblijjedto Appendix, vol. ii, p. 5. CASE OF GREAT BRITAIN. 225 [15] caiisf very "serious rornonstrancos to be addressed to them, hut that he had now been informed that they had given orders that the Southern privateers should not lip allowed to remain more than twenty-four hours in a Dutch port. It was true, he said, that it had been declared that these orders had not been issued in deference to tlie representations of the United States Govern nient, but this was immaterial ; ho long as tne privateers were excluded in practice, ho did not tain Palmer, [Translation.] GOUVERNEMKNT DE LA MaRTINTQCK, CaIH.VET I>U GoC'VERNia'U, ^^0. 430 Fort-de-France, le 15 Novenibrji, i<^][. M. IA-: Commandant: I have the hoi:or to rejdy to the letter which you addressed uie this morning. I am not ignorant, M. le commandant, of the presence in the roads of St. Pierre of a vessel belonging to the States of the South, who profess to have formed a separate con- federation. To accomplish the generous intentions of the Emperor, I wish to be hospitable to tb' vessels of the two belligerent parties, but I will not, nor can, without violatinji the orders of His Majesty, divest myself of the absolute neutrality that I ought to observe. That is to say to you, M. le commandant, that if it is not my intention to refuse au anchorage to a vessel belonging to the States of the South, I otter to you, on the other hand, the same hospitality and the same facilities to the vessels belonging to the Gov- ernment of the Union which you have the honor to command. There exist, besides, international laws, that every civilized nation scrupulously ob- serves, and which I need scarcely recall to you, M. le commandant, nor to the com- mander of the Sumter. Accept, &c. (Sigjied) LE AMIRAL, Gouvimeur de la Martinique, 4c- M. LE Commandant de l'Iroql'Ois. i'S- [18] The captain of the Iroquois was also informed that, if the Sum ter should leave *the port before him, he would not be permitted to weigh anchor until twenty-four hours should have elapsed after her sailing. He quitted his anchorage immediately, and cruised iu the offing, with the design of intercepting her, till the night of the 23d, when she succeeded iu making her escape. On the 18th of January, 1802, the Sumter arrived at Gibraltar. Tlie American consul at that port immediately aildressed a letter to the governor, informing him of the fact, and expressing the hope that he would " give such orders as may prevent this rebel cruiser from obtaiu- Ui^,ii^9f i CASE OF GREAT 15R1TA1N. 229 ingtbe necessary facilities, and making equipments for tlie continuance of her unlawful vocation." To this letter the following answer was returned l)y the colonial secretary of the tlependeiun- :' Mr, Fredlng to Mr. Spnujuc. 8kc-I!etai!y's Okiick, dihraJtar, January 10, l-V.-J. Sir.: I mil inrccto*! l>,v ]iis oxcclli'iK-y tlu^ yovftruor to lu.'knowli'ilj^e tliw receipt ot your It'tttT of ycst'Tilay's date on the Mubjoct of the coufedcrato steauier Sumter, now at anchor in this liay. His excolleni'y desires me, in reply, to inform you that the instructions cfiutained in _»•_•»..•,, ,;. 1. <: 4' *1... i)ti. ,.!• \t u. ... I i.i: .1 1 :.. »i. . / ':i _ .1. . .. rti 11- by nis exceiiiMii.,) uiviwc.-i nil , Ml n-iPi_\ , i<» iiiiiiiiii \ mi iiiiu iiiu ui.'^Lriiiu.ioiis I'liuiHliH'u 1 Her Majeoty's proclamation of the 1:1th of May fast (piiljlished in the (iiiiraltar Chroi icle of the Ist of .luMo, l^'Cil j with ri'ferenco to tlio striet ueutr.iiity to be oliserved by llerMiijesty's subjec^ts in tlio eontest between the (Joverument of the United States of .Vinmcii and certain States stylinj; theni.selvos " the Confederate States of America."' will be strictly carried out wi.'b regard to th(! ri;,'bts and oblij^ations toward botli bel ligerent parties. I have, A:c. (Signed) , S. r;ii:i:LiNfi. Colonial Sevrelarii. On tlie 21st January, ^$(^2, the consul avldros.-^.ed a letter to the .senior iiaviil otlicer at Ciibraltar, asking' to be informed, for the .i;"uidance of the uiasters of American vessels tiu'u lying in the bay, ^vhat rules he in- 't'luU'd to lay down and enforce " in case any American ves.sels .shouhl .tave port before the Sumter, or if the kSiunter should be outside the ;tort, waiting to intercept them." He was informed, in atiswer, that "Amorican merchant- vessels quitting Gibraltar while the Sumter is ill the hay, are entitled to a start of twenty-four hours before being pur- sued with a hostile intention, and it is the duty of the authorities con- cerned to see that such i)rotection is extended over them." ife was fur- ther informed that notice of tliis regulation had been given to the com- mniuler of the Sumter.^ On the same 21st of .fanuary, the consul telegraphed to the minister of tlie United States in London information that the Sumter was still in harbor, and added, "Th6 British governor observes strict neutrality, in conformity with the Queen's proclamation." The Sumter was, in fact, according to the statements of the United States consid, unable to leave Gibraltar for want of coal, the consul having succeeded in inducing the merchants of the place to refuse to supply her with coal, though her commander otfered oO per cent, more than the market price. She then applied to be allowed to purchase coal from the government stores ; but this was refused, in conformity with the rule observed throughout the war, at alJ British ports, toward the vessels of both belligerents.^ On the 12th February, 18G2, the United States war steamer Tusca- lora arrived at Gibraltar, and proceeded to coal at the neutral port of Algeciras. She was soon afterward joined by the United States war steamer Ino, and sub.sequently by the Kearsarge; and ; e Ino and Keansarge remained oft" Algeciras waiting to intercept the Sumter. The Sumter was paid off in April, and lay in harbor till December, 1SG2, ^vlien she was sold by public auction (after having been first deprived of Iter armament) to a British subject resident at Liverpool. The United States consul addressed to the governor a protest against the sale, on the groimd, first, that the Sumter had come into the possession of the confederate government as a prize of war, (which was proved not to be the fact, the vessel having been purchased by that government from a ' Appendix, vol. ii, p. 13. - Ibid., pp. 9 and 10. »Ibid.,p. 18. 230 TRKATV OF WASHINGTON. privatP owner,) iiiul Kooondly, that the .sale was miu\v '* for tlio purpose of avoiding a capture by the cruiserM of the United vStatea." This pro test was not accompauied by any proofs, but notice of it w is otticially ]>ublishod by the colonial secretary before the day fixed for the .sale.' With reference to this sale the subjoined letters jiassed bitween tbe United States minister in Tondon and IlerlUitannic !*flaiesty's :^ecrotary of state for forei^^n atlairs:- ^fy, .Iddin.i lo L'lirl liinafll. Li;0A1Iin\ Ol IKK IMlKI) Sl.VlKS, Lovdov, Decnnhei- I'D, [>^\2, Mv Loi{|>: On uar)i !''•, ISfi;!. Sir: With reference to my letter of the li^t instant, in which I ackuowleilgei the receipt of your letter of the 3i)th ultimo, respecting the sale of the Sumter at Giltr.^lt;ir, I have now the honor to inform you that Her Majesty's naval and military ofliccrH at that port have received instructions not to give any protection to that vessel beyond the waters of Gibraltar ; but it will of course be clearly understood that those iustrnc- tions do not preclude the owners of the Sumter, if that vessel should be taken by United States cruisers, ftom appealing, according to the usage and practice of inter- national law, to tho prize court in the United States against the captors ; nor will Her Majesty's government be precluded from taking any course which may appear here- after to them proper, if the Sumter, now assumed to be British yiroperty, should be hereafter conde-^ued, or otherwise dealt with in any maouer which might not be, m their judgment, warranted by international law. I have, «S:c., (Signed) • RUSSELL. i Mr. Adams had on the 3d January, 1863, telegraphed to the Ameri can consul at Gibraltar that Captain Bryson, commanding the United States war steamer Chippewa, was to endeavor to capture the Sumter sbould she leave Gibraltar under the British flag ; and on the 19th Jan uary, 1863, he again telegraphed, " The Sumter should be captured if 'Appendix, vol. ii, p. 4.'j. nbid., p. 52. * Ibid., p. 47. * Ibid., p. 54. ^ (^ASK OK (IIJHAT iUtlTAIN. 231 ulio iiofi^ out of the British wateirt on the hijjh 8eas. If .she have nomi- nal British papers she must be sent home for adjudication as prize." Tiie American consul, on the li I st January, answered as follows: " Your telegram comraunicateil to our commanders : Sumter coaling aj^ain and jirovisioning todaj'." Hho sailed from (Jibraltar on the 7th February, was not captured, and reached Liverpool on the l.'tth.^ At Liverpool 8he remained until the 3d July, 1863, when she sailed as a merchant- vos»ol, without armament, and <;arryingas freight some heavy ordnance, which could not ))Ossibly have been usey Her Majesty's government. Mr. Adams, aftT reeiting the caiitnre and destruction by lire of the United States incrdiant-sbip on the high seas by order of the commander of the armed steamer called tlif' Nashville, and the subsc'iuent arrival of the Nashville in the port of Southampton, acks for an inrjuiry as to two classes of facts : the lirsi, '■ as to the authority jiossessed liy this vessel to commit so aggressive an act on tho citizens of a friendly power, and then to claim a refugo in the harbors of Great J'.ritain ;" the second. " in case the na- ture of that authoritj' be deemed sufTicicnt, at least in the view of Her Majesty's gov- trument, as to tho purpi -es for which the ship is alleged to have corno across tlie meau, to wit, tho making u)ore effective preparations in the ports of Great Uritain for iiMTj'iug on war against the people of a friendly nation.'' Her Majesty's government have directctl their iucpiiries to both these points, and also to the state of the law as applicable to the facts thus by them ascertained. With regard to the first jioiul , the undersigned has to state that the Na.shville ap- licars to be a coiifederato vessel of war ; her commander and ofticers hiive commis- sions in the so-styled confederate navy; some of them have written orders from tho navy department at Richmond to report to Lieutenant Pegram "for duty" on board tbe Nashville, and her crew have signed articles to ship in the confederate navy. In these circumstances the act done by tho Nashville, of capturing and burning on tlk: bi;;h seas a merch;t•lt-^•ess(d of the United States, cannot be considered as an act "vohmiarily undertaken by individuals not vcstcay that if, in order to maintain inviolate rne neutral character which Her Majesty bas assumed. Her Majeuty's government ' Appendix, vol. ii, p. 95. Ibid., p. 101. 234 TREATY OF VVASHIXGTON. ■ 1* ■ :■ ''i fthould find it necessary to adopt further aieasares -within the liuiits oi" public law. Her Majeoty will be advised to adopt such measures. It is the earnest desire of Her Majesty to preserve intact the tVieiiUly relations))^ tween Her Majesty and the United States of America. The undersigned, «&c. (Signed) KUSSELL. [22] *0u the 2(1 Dec-c nbor, ISO], Mr. Adams answ-eroil the foregoiii" note ixa foHows: Mr. Adams to Earl Ramell.^ Legation or the Uniied States, London, Decemher 2, 1861. Tlie undeihigned, envoy extraordinary and minister plenipotentiary of the UniW States, baa tie honor to acknowledge the receipt of a note from the Kight Hononibif Earl Russell, ller "Majesty's principal secretary of state for foreign atfair.-*, dated ou the 28th of November, and in answer to the note of the undersigned soliciting au investigation into the case of the armed steamer the Nashville. While the undersigned regrets that Her Majesty's government has determined to give what he cannot but think a liberal construction to the evidence furnished of the character of the voyage of the Nashville, it is yet a source of great satisfactiou to iiim to learn the intention expressed by the government to apply all its power to the pre- vention of measures taken within this kingdom by ill-disposed persons to tit outent«r I)ri8e8 of a hostile character to the United States. The undersigned euterlaJM un doubt that this infonnation, which has been already transmitted by him to this gov crnment, will be received with much pleasure. The H ndersigned, &c. (Signed) CHARLES FRANCIS ADAMS, Eeports of the nature of the repairs which the Nashville was under going, showing that nothing whatever was being done to fit her more completely as a vessel of war, were from time to time received at the Foreign Office from the senior naval officer at Southampton, and were forwarded to Mr. Adams for his information. Mr. Adams, in acknowl edging the receipt of these reports, addedf, *' It is a source of gratifi cation to him (Mr. Adams) to observe the continued supervision exer cised by Her Majesty's government over the outfit of that vessel."— (28tli December, 1861.)* On the 15th December, 1861, the United States war-steamer Tusca rora arrived in Southampton Water. She remained there, occasionally shifting her anchorage, until after the departure of the Nashville, whicli occurred on the 3d February following. While the two ships remained in British waters. Her Majesty's government enforced with strict im- partiality the rule which had previously been enforced by the Frencli authorities at Martinique in the case of the Sumter and Iroquois, that, if either should sail, the other should not follow within twenty four hours afterward. The facts are stated in reports addressed byCaptaia Patey as senior naval officer to Her Majesty's board of admiralty. ' Both ship* coaled at Southa.npton. In July, 1862, the Tu.scarora returned to Southampton, and remained in that port undergoing repairs for three weeks or thereabouts. GENERAL COURSE PURSUED BY HER BRITANNIC MAJESTY'S GOVERN MENT, AND BY OTHER MARITIME POWERS, IN REGARD TO I'M RECEPTION OF BELLIGERENT CRUISERS. From the beginning of the war to the end of it, Her Britauuic Maj esty's government scrupulously observed, in respect of vessels entering British ports or waters under the flag of either belligerent, the duties of a neutral power. The cruisers of both were admitted upon the sane 'Appendix, vol. ii, p. 102. « Ibid., p. 105. 'For a summary of the proceedingH of the two vessels, see Appendix, vol- ii) P- '*'• CASE OF GUEAT BRITAIN. 235 toims ; aud the rcgulatious which it was found uecessaiy to nuike from time to time in order to prevent the hospitality thus accorded from being abused, whether by design or through inadvertence, were impartially applied to both. Unremitting care and vigilance were employed to jirevent these necessary i)recautions from being infringed or eluded, and cepecially to prevent any belligerent vessel from engaging in hostilities, or from enlisting seamen or otherwise increasing its military force, within British territory, or using such territory as a station from whence to observe aud attack enemy's ships. The dififlculties occasioned, especially iu Her Majesty's colonial possessions, by the resort of belligerent cruisers to British ports and waters, were considerable, and calied for the exercise of much judgment and moderation on the part of the local authorities. By United States cruisers the ports and waters of Her Majesty's dominions were resorted to for coaling and other purposes more frequently than by vessels of the Confederate States. The impar- tial neutrality maintained in these "aspects bj* Her Majesty's govern- ment was nevertheless made a irciuent subject of complaint by the Government of the United States, which continued to insist that con- federate vessels ought to have been treated as piratical, or at least ex- cluded altogether; whilst the Confederate States, on their part, com- plained that the regulations enforced were unequal in operation, and unduly disadvantageous to a belligerent whose ports and coasts were under blockade. The neutrality observed by Great Britain was observed also th.'ough- out the war by other maritime powers. By them, as by Great Britain, the armed vessels of both belligerents were admitted impartially and indifferently into their ports, subject to such regulations and conditions as they respectively judged it expedient to impose for their own protec- tion, and to prevent their hosi»itality from being abused. TT" [23] *PART III, STATEMENT ON INTERNATIONAL RIGHTS AND DUTIES: ON THE m\R< WHICH WERE POSSESSED BY HER BKITANNIC MAJESTrS GOVEIINMEM OF PREVENTING UNLAWFUL EQUIPMENTS, AND THE MANNER AND CIR- CUMSTANCES IN AND UNDER WHICH THESE POWERS WERE EXERri© DURING THE WAR. With a view to enable the tribunal to form a just appreciation oi rviTiii-Ttrn. the circuni stances under which certain vessels were pro ,i,au.,v M„ua;...t. QHYQ^\ froHi ports in Great Britain by the government oftlie Confederate States, it will be proper to sta*e, in the first ])laco. some | general propositions, applicable to the subject, which are believed '.,v Her Britannic Majesty's government to be in accordance ^"lth intprna i tional law and practice; secondly, to explain the means of prevention j which were at the command of Her .Alajest.v's government: and. thirdly, to describe in .some detail the manner in which those means of preven- ! tion were exerciseonsibility for all existing claims which could [iiherwise have been enforced against her. '■•• Due diligence on the part of a sovereign government signifies that lieasure of care which the government is under an international obli kHtiou to use for a given purpose. This measure, where it has not been plied by international usage or agreement, is to be deduced from the Wiireof the obligation itself, and from those considerations of justice, N«ity, and general expediency on which the law of nations is founded. 1 10. The measure of care which a governi ut is bound to use iu ^nW to prevent within its jurisdiction certain classes of acts, from "" li harm might accrue to foreign states or their citizens, must 238 TREATY OF VVAHIIINOTON. always (uuless specifically determined by usage or agreement) be de- pendent, more or less, on the surrounding circumstances, and cannot be defined with precision in the form of a general rule. It would commonly however, be unreasonable and impracticable to require that it shoulil exceed that which the governments of civilized states are accustomed to employ in matters concerning their ow^n security or that of their own citizens. That even this measure of obligation has not been recognized in practice might be clearly shown by reference to the laws in force in the principal countries of Europe and America. It would be euougii. indeed, to refer to the history of some of these countries during recent periods, for proof that great and enlightened states have not deemed themselves bound to exert the same vigilance and employ the same means of repression, when enterprises prepared within their own territorie-s endangered the safety of neighboring states, as they would probably have exerted and eui* 'oyed had their own security been similarly iin periled. 11. In every country where the execntive is subject to the laws, for- eign states have a right to expect — (a.) That the laws be such as in the exercise of ordinary foresight might reasonably be deemed adequate for the repression of all acts which the government is under an international obligation to repress; (6.) That, so far as may be necessary for this purpose, the laws k enforced and the legal powers of the government exercised. But foreign states have not a right to require, where such laws exist, that the executive should overstep them in a particular case, in order to prevent harm to foreign states or their citizens; nor that, in order to prevent harm to foreign states or their citizens, the executive should act against the persons or property of individuals, unless upon evidence which would justify it in so acting if the interests to be protected were its own or those of its own citizens. Nor are the laws or the mode of judicial or administrative procedure which exist in one country to be applied as constituting a rule or standard of comparison for any other country. Thus, the rules which exist in Great Britain as to the admis- sion and i)robative force of various kinds of testimony, the evidence necessary to be produced in certain cases, the questions proper to b* tried by a jury, the functions of the executive in regard to tte [25] prevention and prosecution of oifenses, may differ, as the *ors[ani zation of the magistrature and the distribution of authoritr among central and local officers also differ, from those which exist in France, Germany, or Italy. Each of these conntries has a right, as wed in matters which concern foreign states or their citizens, as in other matters, to administer and enforce its own laws in its own forum, ami according to its own rules and modes of procedure ; and foreign states cannot justly complain of this, unless it can be clearly shown that these rules and modes of procedure conflict in any particular with natural justice, or, in other words, with principles commonly acknowledged by civilized nations to be of universal obligation. In connection with the foregoing propositions are to be taken the three rules stated in Article VI of the treaty, and accepted by Her Britannic Majesty's government in the nuiuuer expressed in that article. NEUTKALITY LAWS—LAW OP THE UNITED STATES. The case of a vessel which is dispatched from a neutral port to or for the use of a belligerent, after having been prepared within the nentral territory for warlike use, is one which may be regarded from different C^SE OF GREAT BRITAIN. 239 points of view, and may fall within the operation of diliereut principles. The ship herself may be regarded merely as an implement or engine of war, sold or manufactured to order within neutral territory, and apfter- ward transported therefrom, and the whole transaction as falling within the scope of the principles applicable to the sale, manufacture, shipment, and transportation of articles contraband of war; or, on the other hand, tke preparation and Jispatch of the ship may be viewed as being really and in effect the preparation and commencement of a hostile expedition. The circumstances of each case can alone determine from which of these two points of view it may most fitly be regarded, and to which class the transaction ought to be assigned. But the difficulty of drawing a clear, precise, and intelligible line between these two classes of transactions has always been considerable in theory, and still greater inprtictice; and it was enhanced to the utmost during the civil war by the ingenuity and audacity of American citizens, who were engaged in carrying: on hostilities against the Government of the LTnited States, and wero de- sirous of availing themselves for this purpose of the ship-building and manufacturijig resources of Great Britain. This will sufficiently appear from the narrative which follows ; and it will be setn also how serious and incessant were the trouble and embarrassment which these enter- i)rise8 occasioned to Her Majesty's government. It is by the many dif- ticulties encountered and by the experience acquired during the war that Her Majesty's government was finally led to the conclusion that it was expedient not only to enlarge the scope of its municipal law in rela- tion to this subject beyond what has hitherto been deemed necessary in any other country, but, further, to accept for itself, and propose to other powers, rules of international obligation somewhat more stringent and comprehensive than are to be found in earlier expositions of the law of uations. The acts of which the Government of the United States is understood to complain belong to a class which have nut commonly been made an object of prohibitory legislation. In lew countries, or in none, according to the information received by Her Britannic Majesty's government, did the law directly prohibit such acts, or make any definite provision for prevCiiting them, at the time when this war began, except in the United States and Great Britain. Laws a^'e not made till the necessity for them has arisen. In the United States the necessity rrose at a very early period in the history of that commonwealth, and has again repeatedly l)re8ented itself at various times. The first maritime war in which the United States held the ])osition of a neutral ])<)wer was that which com- menced in 1793, when the French Kepublic declared war against Great Britain and against the United Provinces of the Netherlands. Withir: three months after the declaration of war several i)rivateers had been procured, equipped, armed, and commissioned in ports of the United States to cruise under the French fiag against the commerce of Great Britain, with which the United States were at peace. They were not only fitted out in American ports, but were owned, officered, and manned, in huge proportion, by American citizens. The measures adopted by the Executive of the tjnited States to restrain these enterprises proved inadequate ; they were renewed from time to time, and the persons who took part in them were not punished ; and on the 5th June, 1794, an act '>f Congress entitled "An act in addition to the act for the punishment "t certain crimes against the United States" was passed for amending tue law in this respect. This act was a temporary one, to continue in lorce for two years, and thenceforth until the end of the then next ses- sion of Congress. Its provisions were re-enacted on the 2d March, 1797, 240 TREATY OF WASHINGTON. te'M^'^ '.I i' and were made perpetual by an act of Congress passed on the 21tli April, 1800. It was not completely effectual. From the published [26] reports of cases decided in the American *courts it appears that depredations on British commerce were again and again com niitted by French privateers, subsequently fitted out and armed for war in ports of the United States. In March, 1806, an expedition against Spain (with which the United States were at peace) was fitted out in New York by one Miranda, n native of Peru, who had served in the French republican army under Dumouriez. This expedition, which consisted of an armed vessel, carry ing 18 guns, and two schooners, sailed for its destination. Orders were issued for arresting it, but they were too late. Persons who participated in it were afterward prosecuted, but were acquitted by the jury before whom they were tried. In the year 1810 w.ar broke out between Spain and her American colonies, and in 1810 Portugal engaged in the war on the side of Spain, The United States remained neutral. It appears from the correspond ence which subsequently passed between the Government of the United States and the governments of Spain and Portugal, as well as from the published reports of cases decided in the courts of the United States, that a considerable number of privateers were, at various times during the war, but chiefly in the earlier part of it, fitted out, manned, and armed in ports of the United States for the purpose of cruising against the commerce of Spain and against that of Portugal, and that large numbers of Spanish and Portuguese ships were captured by these privateers. In the dispatches of the Portuguese minister at Washington not fewer than twenty-six of such privateers are mentioned as having been fitted out and armed at a single American port; and fifty ships belonging to Portuguese citizens are stated to have been captured be tween the years 1816 and 1819, inclusive. It wjis further stated that the privateers were, for the most part, not only fitted out, but owned and commanded, by citizens of the United States. The facts alleged do not appear to have been disputed by the Government of the United States. In answer to the first representation of the Portuguese minister, in which he indicated ten ships which had armed, or were believed lo be then arming, at Baltimore, Mr. Monroe, then Secretary of State, wrote as follows : ! ■ 'i m The United States Setrnfary of State to the Portuguae minister at Washington. Washington, December 27, 1816. Sir: I have bad the honor to receive your letter of the 20th instant, complaining oi certain equipments of armed vessels from Baltimore, and of instructions given to tlit commander of one of those vessels to attack conditionally the vessels of your sovercijin, the King of Portugal and Brazil. You are aware that these vessels are equipped with out any authority from this Government, and ou pretexts very different from those ■which you assign. You are also aware that the existing laws do not autliorize tlii President to interfere in such cases, and it is your object to obtain such ameudmeut il them aa may be sufficient for the purpose. I have communicated your letter to the President, and have now the honor to trans- mit to you a copy of a message which he has addressed to Congress on the subject, with a view to obtain such an extension by law of the executive power as will be ueccssary to preserve the strict neutrality of the United States iu the existius' war b' tween Spain and the Sjpanish colonies, and effectually to guard against the uauger in regard to the vessels ot your sovereign which you have anticipated. As soon as a law may be passed on this subject, I shall have the honor of communi- cating it to you, and I avail myself of this opportunity of a.ssuriug you of the great interest which the President takes iu cultivating the uiost kindly relations with yuu' sovereign, his subjects, and domiuious. I have, &c., (Signed) JAMES MONROL. Chevalier J. Courea dk Skrha. CASE OF GREAT IIRITAIX. 241 On tlio 20th Deceinber, 1810, President Madison voniniunicated to t'oujjieas the following message : Washington, Ihrrmbcr 2i\. IHKJ. It is foMiid that tlioexiHtinjrlaw.shavr not thoctflcaiy iiciicssary to provciit violations of the (>l>li^ations oftho United States as a nation at pis'KU! toward lielliy^enMit partioH, ami other unlawfnl aetH on the liijj;h ,soas by armed vessels eiinipped witiiiii the waters i,f the I '"it«'d States. With a view to maintain more etfeetnally the respei^t dne to the laws, to the charaetei', aiiil the iientral and paeitic rehitions of the United States, I reeoniinend to the eon - siilcriitioii ofCon^^ress the expediency of sneh further lejfislativt^ provisions as may he i(M|iii.site for tletaiiiinK vessels actnally e(|nipi>ed, or in eonrse of equipment, with a warlik" force within tlie Jurisdiction of the irnited Stat<'s. or, as the ease may he, for oh- laitiiii;;' trom th<' owners or eommaiider.s of such vessels adtMj Kite securities a^^ainst the ainiseef their .•'.rmaments, with tin; exceptions in sucli provisious of the cases of mer- (liant vessels fnrnishi-d with the ih'feiisive armaments usi-d on distant and danjjerons cxiit'ilitions, aud of a private commerce in military stores permitted hy our laws and which the law of nations does not riiquiro the United States to prohjhit. (.sj^riuHl) JAMES MADISON. Papers relating to the same subjeet were at the same time hiid [JT] hv the Committee on *Foreign Alfairs before the llouse of liep- resentatives. Among these was one by Mr. Monroe, then Secre- tary of State, in which he reported as follows : The provisions necessary to make the 1 iws etl'eetnal ajjainst tittinjj out armed vessels in our ports, for the jmrpose of hostile eruisinj;, seem to he — 1st. That they shonhl be laid under homl not to violate tlie treaties of the United States, or the ohlijjations of the United States nn ler the law of nations, in all tjases will-re there is reason to snspect such a ])nrpose ou foot, iuelndiug the cases of vessels lakiiij; on hoard arms and nninitions of war, a])plieable to the equipment and arma- iiuiit of such vessels snhsequent to their departure. •2d. To invest the collectors, or other revenue oilicers where there are no collectors, with power to seize and (hftain vessels umler cireumstancesindieatinjf strong- piesump- tioii of ail intended breach of the law ; the detention to take i)laeo until the order of the Executive on a full representation of t!ie facts had thereupon can bo obtained. The statute-book contains analoj^ons powers to this above suj^gestion. (See particularly till' eleventh section of the act of Conj^ress of April 2'i, IdOS.) The existiiiff laws do not ^'^ to this extent. They do not authorize the demand of si'tiirity in any shape, or any interposition on the part of the maj;istracy as a preven- tive where there is reason to snspect an intention to lominit the otteiise. Tliey rest iiptm the j;eneral footiiif? of punishini? the offense where, !<" there be full evidence of the actual perpetration of the crime, the party is bonded over after the trial to the penalty (ll'IlOllllCCCl. Ou the 3d March, 1817, a short act was passed, by the first section of wliicli provision was made (by the introdnction of the words "colony, •listriot, or people,'') for the case of a belligerent community or body of IRT.sous not recognized as a sovertMgn state. The second and third sections were as follows : SK.r. 10. And he it further itiactcd, That the owiu-rs or consij^neesof every armed ship or vt'ssel sailinji <>"t of the ports of the United States, bel()nf;in<> wholly or in part to iitizi'118 thereof, shall enter into bond to the United States, with sutlicient sureties, |iiiiir to deariiifj; out the .same, in double the amoniit of the value of the vessel iiiid cargo • 11 lioard, ineludin}j; her armament, that tht> said ship m- vessel shall not be; employed 'y such owners to cruise or eonimit hostilities a7, and 1817, were repeahMl, and tluii provisions were revised and consolidated, but without being made iiion stringent in any material resj)ect. It has never since been repealed, alteied, or an»ended, and continues at the present day a part of tlielaw of the United States. Notwithstaiuling the legislation of 1817 and 1818, the Spanish and Portuguese ministers continued from time to time to complain to tiic GovernnuMit of the United States of depn^lations on Spanish and Portuguese connnercc^ by vessels fitted out and armed in i)orts of tlii' United States. By the Si)anish minister, writing on the 2d Noveinlu'i, 1817, it was afllirmed that "the act of Congress of the 3d March, ISli, has in nowise lessened the abuses by which the laws are evaded. [28] and whi subject on your attention, if it had appeared possible for me to restrain tlut.si! ariiia ments by the employment of judicial means ; but, unfortunately, the act of (."i)tij,'rt''* of the iJOth of April last, for preserviiifj; neutrality with foreign nations, ami otben- already in force, although highly judicious, are easily eluded ; and although tliesi- practices are jtublic and uotorious throughout the whole Union, His Majesty's ccm.siils advise me that through a deficiency of evidence they cannot be restrained by a regidai application of the law. CASE OF GREAT HRITAIN. 24.'i And on tlie 'M\\ ,]\uw, 1818, lie rcurcsontcd that there v/ere tlicn at Haltiinon^ four priviitcer.s, three of which were notoriously Httcd out thciv, whilst the fourth wiis a sclioouer captured from Spanish owiu'rs. All tin'sc vessels, he atllrrneil, wereconiiuanded Wy citi/,ensof the l'nite«l States, and nianiu'd, with scarcely an exceptiod in the United States by acts much more tiagrant thau any of those now chargei'(>vi(l«Ml those powiM'H had boon bona JitU; nxcniisjMl, tho United Stiiti > were not iCHptmsihle for any hjs.scs, however se\ei«', indicted hy am vessel or vessels, however ninneroiiH, lltted and armed within tlH-iitcni toiies. It has l»een th(^ praetieo of tlie executive autiiorities of the riiitcd Ktates, in enforcing; the law, to act upon information laid before tliwers, or other p«'rsons interested «)ni(iiil|y m otherwisj' in jneviMitiii}; the acts prohibited by the law, and to rc(iiiiii the persons funushin}; such information to product^ evidencu' in sn|i|Mirt of it ; and the iniportan<'e of such informatioi., to eiiabh> the iieiitiiil l)Ower to intervene in proper cases, was expressly (lointed out in tlu'lct tor of .Mr. detterson to Mr. Hammond, of the r)th Septeirdjer, 17!)'{, im nexed to the treaty of the l!>th November, 17!) t, between the Unitcil ►States and (Jreat Britain. LAW OF Majesty's subjects to serve in foreif>n service, an sels had actually been titted out, and had actually committed ho-tiliii, and depredations against the commerce of a friendly power, whei\.i> n. Great Britain it was only apprehended that st)me vessels were about tn be fitted out and dispatched with a like purpose. The legislature of Great Britain, in framing the law of 1819, iiit|ii!ii> to have adopted as its model the law which had been i)assed by tlH'( in gress of the United States in the prece«ling year. The British jicf is. however, as regards the matters now in (piestion, mon^ stringent, rijim oils, and comprehensive than that of the Uinted States. In regard to the fitting out of vessels for belligerent jinrposes, tlit'stt tion of the act of the United States which defines the offense is a> follows : Skc. I?. Aud he it further etiaded, That if any person shall, within the limits oftlif United States, fit ont and aim, or attempt to tit ont and arm, or procure to lie littiil out and armed, or shall knowingly bocioneerned in the Inrnishinfj, tittin<; out, or aim- ing of any sliij) or vessel with intent that eneh ship or vj'ssel shall he emiiloyeil in lli'' serviee of any foreign prince or state, or of any colony, district, or ]»eo])le, to cniisior commit hostilities against the suhjects, eiti/ens, or property of any foreign priiiii"' state, or of any colony, district, or people with whom the United States are at ptnoc. or shall issue or deliver a commission within the territory or jurisdiction of tlie fnitiil States, for any ship or vessel, t»> the intent that she maybe employed as iiloivsiiiii. every person so offending shall be guilty of a high misdemeanor, and shall he (iiu'iluuf more than $10,000, and imprisoned not more thau three years; and uvery such .sliiimr vessel, with her tackle, apparel, and furniture, tog»'tlier with all materials, iinns, am- munition, and stores, which may have been procured for the building and eciuipni;"' thereof, sliall he forfeited; one-half to the use of the inforoier, and the other ball to the use Of the United States. CAHK OF (JItKAT URITAIN. 24') Tho section of the. Hritisli act which il«'titu>s tli<> otreiiso is us IoIIowh: VII. Inil hi \l fiirlhvr inurlnl, Tluil if iiiiv piMsoii within iiiiy |»iHt of Hu- ITii'tt'd Kiiii.'ili>iii, or ill any pint <>t° liis Miiji-sty's iloiiiiiiioiiH In-yoinl tlio mims, Hliall, witlnMit till' li'itvi' itiiil liriMiHi! of His Miiji'Hi V for lliiit |iiirposi' lirst liml aiul olitiiiinvl ih aforo- >.iiii. i'<|iii|i, fiiriiisii, lit out, or iiriii, or iittciii|>t or cinli-iivoi' t |iiip, fiiriiisli. lit out, or ,|,iii, or jiroiiin' to In- ('((iiippcd. fiiriiisln'il, litfi'il out, or anin'd, oi' shall kno\viii!,r|y Jiiil, ,i4^ist, or III- coiKHM'iD'd in tli(M'i|iiippin}r, furnishing;, tilting out, or arniinj; of any ship iir vi-MHi'l with intiMit or in ordi'r that sindi ship or.vfssid shall l>i> I'luploycil in tin- scr- viccdf any Ibrnij^n prini'i', .st:iti%or poii-ntatc, or of any f )rt!iy;u colony, provinci-, or part III' any provinci) or pi>opli% or of any person or pi-rsons i-xcrcisin;; or assinnin;; to I'xi'i'i'isti liny |M)\vi'rs of fj[ovrrninrnt in or ovur any fori'ijjn stati', I'olony.jtrovinri', or part of any |,iiivinri' orpropli', asii transiiort or store-ship, or with in tent to cruise or com mi t hostili- liisajjiiiiist any prince, state, or pn'ciilate, or a;;ainst the Hnltjeets or citizens of any iiriiicr. state, or potentate, or against the persons exercisin^j or assuming; to exercise tli(|Mi\V( IS of government in any colony, provimc, or part of any province or co mtry, III ai.'ainst the inhahitants of any fmeiirn colony, province, or jtart of any province or iiiiiiitry, with whom Mis Majesty shall no' then he at war; or shall, within the United Kiii^'iioiii or any of Mis Majesty's dominions, or in any settlement, colony, territory, island, or jdace i)elon;iintf or snltjecl to His Majesty, issin- or delivei' any cmnniis- |:iii] hion for any ship or 'vessel, to the intent that sindi ship or vessel shall he em- ployed as aforesaid; every sindi person mo olfeinliniiwcr<;(l to make seizures for any tnili'ituii' incurred under any of the laws of cnstoniH or excise or the laws of trade and iiaviiration, to ncIzd such Hliips and vessels as aforesaid, and in nnvh places and in such iiiaiiiii'r in which tho olHcers of His Majesty's customs or excise and the oHlcers of His Majesty's navy are empowered respectively to make seizures under the laws of customs mill I'vcise or iiiidor the laws of trado and navi;;ation ; and that every smli ship and vi'sii'l, with the tackle, a|>parel,and furniture, toj^cther with all the 'naterials, arms, itiiiininiition, and stores which may l)elon<; to or lie on hoard of such shiii or vessel, may lit' priisecutiid and condemned in the like manner and in such courts as ships or vl^s('l,s may he pro.secuted and condennu-d for any hreai'li of the laws made for the pro- tiitiiin (if the rovennes of customs and excise, or of the laws of trade and navi;;ation. Tilt' ti'iith aiul eleventh .sections of the American act (which areconi- iiioiily ivfeiretl to as the "bondinjf chmses") were not introdiicetl into tlie British act; but, inasmuch as neither of tliese chuises couhl have been ii|)|ili('(l witii ett'ect to any of the vessels which sailed from IJritish ports diiriii};' the war, and the acts of which have given rise to the clai'ns now ill (iiication, they may be dismissed from consiileratiou in comparing tlic two acts for the purposes of this discussion. Diiriiii; the forty-two years which elapsed between the passing of the lift of 1819 and the year 1ritain so far as it specifically relates to the matters now in ijUestion, it is proper to add that, according to the general principles of the constitutional law of the kingdom— - 1. The Executive cannot deprive any person, even temporarily, of the possession or enjoyment of ]»roperty, nor subject him to bodily restraint, unless by virtue and in exercise of a power created and conferred on tin Executive by law. 2. No i)erson can be visited with a forfeiture of property, nor sni) jected to Juiy j)enalty, unless for breach of a law, nor unless such breach can be i)roved to the satisfaction of a (^omjjeteut legjd tribunal. l)y testi- mony given on oath in open coui t, sul)ject to the rules of procedure es tablished here for the due idmirnstration of justice. Every witness is liable to be cross-examined by the accused party or his advocate. ii. No person can be compelleu to answer a question put to him in it court of law if the question is such that, by answering it, he would in (rur the risk of a penalty or of a proset'utiou before a criminal tribunal. Statements on hearsay are not admissible as eviden(;e. [.'{1] *Tliese general prin(;iples ap|)Iy e«iually, whether the object sought to be attained be the i>revention or puui^ nient oi an injury to the state, or to any citizen of the state, or to any otlier person or persons whomsoever. It may be further observed that, during the whole period to whidi t.lie (piestions submitted to the arbitrators relate, every case of allejicil infringement of the British foreign enlistment act brought to *iial v.itliin the United Kingdom was reqiured to be proved to the satisfatitiou of a EFFECT OF THE BLOCKjM)B. After these observations tin the nature, extent, and limitations of tin' powers of i>reveution which by the laws and constitution of Great Brii aru were vested in Jler Majesty's government, it will be convenient to state the circumstances in the midst of whiclithe g<*''ernment wascallfii upon to exercise those ])owers during the war. It has been mentioned above that one of the flist acts of the (Govern nient of the United States, alter the outbreak of the war, was to i^et o" foot a general blockad«» of the ports, Imrbors, and sea-coasts of the Con federate States. These States being hemmed in to the landwsu'l "" CASH OF GRKAT ISRITAIX. 247 (vpry si(U\ oxcept o:? the remote soiitherti frontier of Texas, by States \vlii(li rciiiaiiied faithfiii to tlie (Iiiioii, it w.;s (l<*si{4iuMl by this blockade 10 (lit tlicm off i(i'V('r. .Vt the same time th.; l)lockaavy ofthe United States bein^ quite inad- iMjiiiitc for the purpose, and neeclin}"' to be sui)plemented by vessels of all kinds Iiiistily procured, and the Heet thus composed beinj? distributed iloii"' an inunense coast-line. These facts are notorioi: >. It is evident that a blockade of this cljaracter offered extraordinary iiKJiiceiiients, not only to th«i people of tlu' Confederate St.ttes themselves, liiit to traders in Kurope, to use every etlbrt in order to elude it wher- I'vcr an opening* could be discovered. Accord in}i,iy, in the year lvS()2, an iictive tiaflic bcjujan to be carried on with some of tlu^ blockaded ports; ;iik1 lor the purposes of this tra.Hc it was found profitable to procure or iOiisti'uct vessels of a peculiar class, specially adapted for speed and I'or |irotection against the fire of blo«'kadin,i>' sipuidrons, ami differing in viuious ways, externally anose, Such a course, indeed, would have been not only a dei)arture tioiii the ordimvry practice and usatie of neutral nations, but in conflict with tli().S(i considerations of general expe«liency on which the rules of i'itcniational law are founded. The right of blockade is a belligerent 'i;:li(. and the enforcement of it belongs to the btlligerent, and not to iii'utial powers. That blockades, to be binding, must be nuide effective liy tlie l)lo(!kading power, is a settlero])er officers of tlie {jov ernment at the several localities for careful investigation and iii(|iiiry. If, on such investigation, it a|)j>eared by sufficient j[;>twjrt facie evideiur tliat any illegal act was l»eing or had been committed, the vessels were forthwith seized, and proceedings instituted according to law; if not, tiie result was at once communicated to Mr. Adams, aiul iiri«»! Ht-r Mnjcsly's ;;ov(TniiHMit tliat a violiition of tin iict prohibiting thii littiii;; out of vt-sst-ls tor wai liiv«' |mrpoHt's is on tin* jjoiiil of Ixii'- conimittttd in oiioof tlio pi>rts of (Jrcat Hriiaiii. wlu-rclvy an ariiuMl steamor is Iti'lirvei! to ltt< al)oiit to bo (liHpatclu'd with tlie vii-w of malting!; war against tho pi-oplc of lln' Unite*! States. It is stated to uu' that a now screw-steamer, ealh'd tho Hernnida, osteiisilily owiieil by th»! commereial house of Fraser. Trenliohn A Co., of Liverj>ool, well known to «"»• Bist in part of Americans in sympathy with the insnrjfents in the I'nited States, is now lying at West Unrth'ixtol, ready for sea. She is stated to carry English colors, I'lit tn be commanded by a Frenchman. She is two-masted, brip-rigged, lower part of fiiiiml blnck and npper ])art red, blaf iiiiTcy or of jieacc^ I am inlormcd that this vessel will sail in a day or two. I therefore feel under the iii'lii'ist (ililij;ation to submit the information I have obtained as the jironnd for an ai)i>li- ,;i?ii)n fi>r a promiit and effcctivt! invi'stij^ation of the trutii of tlie alli'iiations wliile ;liiif is tiiiuN Not donbtiiiji; the earnest disposition of Iler JIa.jesty's <;overnment faith- Inlly toiidlicrc to the pvinciplis of ncuitrality to which it has ])h'dji<'d itself, 1 ask, on ilii' Hint- of tlie United States, for no more than a simj)}!^ enforcement of the law, in ease it. shall iiii])car that evil-minded persons are seekinj^ to set it at nangliL (8i<;'iicd) "' CHAKLES FKAN'CIS ADAMS. Oil the siiino 15th Auftust Earl Russell informed INFr. A«lanis (as the lact was) that he had lost no time in comnmnieatiiiji' on the suhject witli the i»roi»er department of the government. Inquiries were imme- diately directed to be made on the spot, and it was tound, as the result of such inquiries, that there was no reason to believe that the 33J vessel * was intended' for warlike use. Earl liussell, on the 22d Aujjust, 18G1, wrote to iM^'. Adams as follows : JUarl Ilusucll to Mr, Jdama.^ Ft)Ki:i(;N Oi-FICE, Auyunt 22, 18C1. Sii! : I acquainted you in my letter of the l.'ith instant that I had lost notinu; in eoni- miini(atiii<.C with the jiroper department of Iler Majesty's {government respectiufj the ^tiaui-vcsscl fittinjj; out at I{artl«'i)ool, wliich you believed was about to be disjiatched with 11 view of niakinfi; war aji[aiust the j)eople of the United Stat<'s. 1 have now the honor to state to yon that the result t)f the incpiiries into this ease hiivini^ liccn submitted to the pro]»er law-otHcer of Uw Crown, Htir Majtvsty's jfovorn- ;iii lit have beiMi advised that tiieri! is not sutlieient evidence to warrant any interference with tilt! cU;arau<'e or the sailinjf of the vivssel. The seventh section of the i'orei9 Geo. Ill, cap. ()!), ai)i)lies to the ii|nilini('iit of a vessel for the purpose of bein^ employed in the service of a foreign -tall' lis a triiiis])ort or cruiser, but has no reference to the nuire nature of tiie cargo on I'liard. and tiiere is at present no proved intention that the vessel itself is to bo oni- lildViil for a warlike jmrptise. Till- pcisoiis eiiffaj^ed in the venture must take the conse(|uences which, accordiiifj to iliclawdt nations, may happen to ensue during transit, owing to a jiorti*)!! of the cargo loaded iiy them being contraband of war. I am, iVe., (i^iKiicd) RUSSELL, The Bermuda was doubtless intended for blockade-runniufj, for which imrpo.se alone she was em])loyed. She sailed frouj Liverpool with cargo lor Savannah, and succeeded in entering that port and returning thence to Liverpool. On her second voyage she was captured by a United States .ship, and was coiulemned as prize. The vessels to which Mr. Adams next called the attention of Her Majt'.sty's government were tlie Oreto. or Florida, and the Alabama, orijiiiiiilly known as "No. liJH)." The facts which are within the know!- 'dgt' <»f Her Britannic Majesty's government, relating to the prepara- tion, «le|)iirture, and subseciuent history of these two vessels, are fully stated in Parts V and VI of this case. THE HECTOR. In Noveud3er, 1802, Mr. Adams made inquiry of Earl Russell respect- 111? a ves.sel then in course of construction at (ila8go",v, which subse- quently became Her Majesty's ship Hector. He was i?iformed in answer ' Ai>pendix, vol. ii, p. 138. 250 TREATY OF WASHINGTON. (as tlio fact Mas) that the vessel was being built lor Her Majesty's gov eruiiieiit.' THE GEOBGIANA. The next ease was that of the Georjiiana. On the 1 7th of January, 1803, Earl Russell received from ^Iv. Adams the subjoined note and inclosure : Mr. Adamx to F.arJ Russell. - Lkgatiox <)K thk Unitki) Statks, Loudon, January 1(1, Ixi;:;, MvIjOIM): It Iiiis Ixcimic my puiiifiil duty to call your lordshii/s arttMitioii tomn iiiori! of the <'as(s ill wliicii tlio neutral territory of Great I?rit:iin is almseil liy cvil- (lisj)oserative evidence from that place. I'nder these cimiui- stances I f<'el myself impelled to nniko this representation without further delay. 1 have reason to lielieve tliaf tln^ vessel in question is intended to (tnrsue a similar ciiiiisi with that formerly calleil Xo. 'i'.H», to wit, the destruction of the commerce of the I'ni- ted States. I therefore solicit the interpositnin of Her Majesty's j^overnment. at Ica^t so far as to eiiahle me to procure further evideiu'c to estal>lish the proof of tlu' alli'j;;i- tions here made, in season lor the prevention of this nefarious enterprise. I'ravinK, «Vc.. (Siyned) CHAKLES FRANCIS AlJ.UIS. :i-ll ♦flnclosiirc.) Mr. Mornc to Mr. Adaim. C0X.SIL.\TK OK TIIK UXITED STATIvS, Loudon, Januarij l(i. Hi).'?. SiK : I have information, on evidence which secures my beliei, that the iron screw steann-k asnrem(>nt. She left (ilasj^ow for liiverpool on the lid of the pn'sent month, .nulls now lit the last-named port, i»reparin;i for sea. She has port-holes cut for four ritlid cannon, and liolts, Ac, arranged for them, since she left Ghis<;ow ; and also a jtortidii of lie'.' ariniu'-platin;;- put on. autl small-arms enough for a crew of i>rivateersiiieii. Slir will t'lke some forty or tlfty men, all told, from Liveriiool, and nnike ujt a full cnnv after li^avin^. Amon<;; those now eiijrajred is afjunner, once a serfjeaut in the royal ar- tilh'ry. She is adv(^rtised for Nassau, and will pretentl to jjo out as u rejinla." uaiit-i. I r<'}j;ret that I am unable to sustain the above statement by the atlidavits of luy in formants; but I am bound in Junior not to use their names. My information coiiniii- iufjf this steamer, for the last \\\v or six weeks, contirins the accuracy of the stateiiuiil. and I have full coiilidence in its truth. 'I'he(ieoi<;iana will call at (^ueeu.stowu for coal. Ycmr <»bedient uervuut, (Signed) F. H. MORSE, Conml Immediately on receivin}>' the said note and inclosure, Earl Russell sent copies of them to the proper departments of the e.vecutive jfDVoru ment, with a request that instant inquiry might be made; and on tlif same 17th January, 1803, he wrote to .Mr. Adams as follows:^ ' Appendix, vol. ii, p. 14;i. Ibid., p. 147. » Ibid., p. 148, CASE OF GREAT BRITAIN. 251 Earl limnell to Mr. Adamx. FoiiKiGN OrFiCK, January 17, 18(5:}. Sir: I liavf the honor to acknowlwljjc tlio recoipt tliiH day of your IctttT of the l(!th iiul.uit. iiKlosin^ a letter from tlie riiitcd States consul in Lontlou. ijiviiiji tin- partieu- !:ir> liit-"' tiv he intended for a confiMlerato privateer, and to be now tittin;; out for tlie l)iisiiiis.s of privateeriuft. I iiavt' ciMumunicatetl copies of your lotttsr and of its iuelosure to the hoard of treas- niy. anil to the secretary of state for the llom(^ department, witliout delay ; and I have i,c|iusted that oijUts mi^ht be sent by telegraph to the projjcr authorities at Liverpool iiijitiniiii; them to take such ste|>s in the matter as may le;^nlly be taken. I tiiiiik it rijiht, however, to observe that Her Majesty's j;overnment cannot be au- swrnilile for any ditHenlty which may be experienced in carryinj; out those orders, iu I ipiisf 4iHiue of the evidence on which the statement of the United States consul is iiiatlf iK'iii;; withheld from them. 1 have, &.C.. (Sij;ued) RUSSELL. A t('l('s:raphic dispatch, directing- an immediate investigation, wa.s, ou the same day, sent to ^Ir. Price Edwards, the collector of customs at I,i\"«'r|HM>l. Tin* \ es.sol and her papers were exam ined accordingly, and on the iiillu\viii<« day (Sunday) the collector reported hy telegraph the results 01 such examination as follows : ' (iiipr;;iaiui. British, -W! tons rej^ister; hri<^ rij;" ; carjjo, merchaJidise, provisions, and '\m%-: 11" ^uns on ileck : no littinj; for guns on boarcl ; one cwt. jiowdi-r ; iron luil- warks; no iK>rt -holes for ^riins; no fittinfjs for jruns on board; a fast vessel ; forty, ■ nw: nut titter Nas>au : now in the Mersey, and is intended to leave to-day, say 4 p. in. SiMtAY, Jmtiiartf 1^. Detailed reports of the examination were subsequently made by the oilicers employed for the puri)ose, and were as follows :^ Rt port of the surrvyor of vustoma, Lircrpool, to the coUnlor of ciintomn, JAnrponl. SlNDAY, ./fJHHfU.i/ 1-, l-tJ:!. Sil! : Last night, about 10 o'clock, I receivi'd the telegram sent to yon relative to the iMiir;;iaiia. but being too late, I had no alternative but to wait till this iiioi niiig early, wlitii I weut in search of the vessel, and found that she had hauled into the river on Saturday. [■'•''] 'I gave directions to the acting assistant surveyor, ^Ir. Wel)b. to accompany lUf to her. but. its we were going, 1 met the master of hei-, (Davidson,) who in- iiiriiu'd iiic that all the chip's pajiers were ashore. I then accompanied the master, while Webb went to the vessel. On my inspi!cting 111- papers. 1 found nothing to induce the suspicion that she was intended lor priva- irriiig. she had a great many bills of lading, in which the goods (cargo) were coii- Mu'iiiil to jiartit's at Nassau. Among other thi'.igs. there were a great many ])ackages of drugs, which convinced nil' that they were intended to run through the blockad<'. 1 aJMi saw the ship's articles, iijion which the names of all the crew stood. The :iiiiouiits sit against their respective names, forty in number, were not higher rates of w;ij;ts than usual ; and his charter-party was iu the usual style, and destined him to N;issau. Havana, or New Orleans. 'hi the return of th< othcer trom the shii>, he stated that she had no port-holes, no Willis, and no tittings for guns on deck, and nothing to denote! that sin- was intendetl for ■I privateer. I nder these circumstances, I am respectfully of opiuiou that she is in no way subject III detention. \ery n'spoctf.illy, &l . (Signed) C. MORGAN, S»«rm/or. The t'oiXECTOP. ■Appf mlis, vol. ii, p. 149. «Ibid., p. 151. |i|Mlv- ' m PI m m 252 TREATY OF WASHINGTON. Declaration of the avtimj asHiHlaiit mirveyor of ciistoiim, Liverpool.^ I havt) boon in tho servico of the customs noarly twenty-sovon yoars. I entered tin 8orvi('.:>() a. m. Sin- was altout half a mile nij' tin- ^roat lanilin;^-sta<^o. I wiiut on board and had tlie hatchos removed in ordi-r to cximu- ino tho (•ai';;o. Siie was not above half full. She appeared to havt^ a :;ravin•. Diitlivy to Mr. .tilams. Unitkh Statks C()NSi;latk, Liverpool, March 24, lHt>:t. Sir: On Saturday last Mr. William C. Millor &, Sou launched from thuir y.ird, in LiveriiDoi, an iron scrow-stcamcr, (talitsd tin- riiautoni, built for Fra.scr, Tronlmlui & Co, Tliis vessel is larfje and (o have j;reat speed. The contraet is not less than seveu- tirii nautical niiltts per hour. Her en,<^iues aio beinsj; made l»y Fawcett, Preston «V Co. •She has three i)()rt-lioles on each sidt;. Captain Jiullock, Captain Tessier, Mr. I'lioleau, the Itailing niemhers of the firm of Eraser, Treuholni A Co., Mr. Thomas, of the firm (if Fiiwce*'. Preston & Co., and others, werc! present at the lauiieh. She is iutendtsd lor tbe .South, either as a privateer or hloekade-runmr ; there is no douht about this, I ihiiilii She will turn up a itrivateer. Her draught of water will be light, and with her powerful engines her speed will be very fast. When alloat sin; will lie a moat iliiiiHi'io'"* eraftto our commeree, if armed with two or three guns. I Lave on several occasions referred to the steamer Imilt at Stockton for Eraser, Treuholni &■ Co., called the Southerner. This vessel came here yesterday either to coal orelse to fit out as a privateer. Thens is no doubt about this vessel. I suppose it will l»e imiiossible for inc to obtain legal evidence against these two vessels, and nothing short (ifthi.s will satisfy this government. I am, iVc, (Signed) THOMAS H. DUDLEY. Tlie receipt of this note was immediately acknowledged by l*^aii Uiis- sdl, and Mr. Adams was informed that tlie proper dei)artmeiitM of Her Miijesty's government would be requested to make immediate inquiries on the subject. On the same 27th March, 18<>3, Earl Kussell sent copies of the said note and indosure to the proper departments, witli a re(pi('st tliat iu- stant impiiry should be made, and on the following day he wrote to .Mr. AilaiiLS as follows : ^ Earl IluHsell to Mr. Adams. FoKKUiN Oi'riCK, Miirrli2>^, Mi'i. Sir: With reference to my letter of yesterday's date, I have tln^ honor to inform you lliat I liiive received from the home olliee a (Mijiy of a letter which has been addressed III till' mayor of Liverpool respecting the two vessels. Phantom ami SouthtMMier. staled liy the I Jiited States consul at that port to Im; fitting ont for the servitc of the s (-styh^d Coiilfilerate States. In that letter the mayor of Liverjiool is instructed to make inunediate impiiries as III tlH'se vessels, or whichever of them is now at Liverpool, and to ascertain whether tliere is any reason to believe that they or eitherof them are or is lieing etpiipiied, iiir- iiislied, litted out, or armed with the intent to commit hostilities against the I'nited States (;()veriiinent ; and, if so, to report whether any evidence on oath can be ]iro- iiu'cil in order to proceedings being taken under the foreign-eulist'ment lu-i. I liave accordingly the honor to suggest that, as the I'niti'd States consul ar, Liver- iHiiil has slated in his lettia* to you tliat there is no doubt with respect to the vessid iiaiiieil the Southerner, you should instruct that olHeer to furnish the mayor of Liver- I'ool with the information on which his belief is founded. I liave, SiC, (Signed) RUSSELL. The oHirers of customs at Liverpool made prompt and careful inquiry into tile matters alleged by Mr. Ath, sind -*.'>d Miiy. 18(1!, sent to Earl Uiissell copies of several sworn disi»ositions made by a df tective police officer at Liverpool who had been employed to watch tln' .ship-buildin<>; yards, and by other i>er.sons. The.se depositions tendotl rn show that the bnildinji" and fitting; of the Phantom was superiiitc'iidiil by persons in the employ of Messrs. Kawcett, Preston <& Co., a Iniii "t iron-founders atid enj^ineers carrying- on a very extensive business at Liveri)ool, (a member of which lirm was the registered owner ot tlif vessel.) It also iippciired from the depositions thtit a Captain Biilloik (to whom reference will be made herejifter) took [)iirt in superinteiidin^' the work; and it was further sworn by two of the deponents (win" were police-constables) that the vessel was entirely cased in stc' plates; that she had three port-holes on each side, with steel plntf 'Appendix, vol. ii, p. 171. -Ibid., pp. 171, 173, 176. CASE OF GREAT HKITAIN. •2f)5 sliiittt'is; that she had very little room for carj^o ; iuul tlui: she appeared U) tlit'in to be built for war i)urposes. IniiiK'diately on the rect^ipt of these depositions, iurther iiuniiries were (lim'ti'd by llei- Miijesty's fjovermiieiit, and were prose(Mit«'d aeeonl iu'ly, and the result of tluMn was, on the -'7th May, ISfJ.'i, coiuniunicated bv'^Karl Kussell to Mr. Adams in the lollowinj;' note:' Jiarl RuHHtll to Mr. .tdamH. F()I!KIi;n nriici;. Man 'Si, IrtdU. Sik: I liiiil tlit> lioiKtr, in my note of the l? not snilicicnt to carry: nH)reover, the permant^it fittin;>s on deck wonld interfere with till' working of j^unH. Tln^ snrvcyor aiiif.^ ves.sel, her steel-plates beiiif; hnt a (|ii;nt»r ( f an inch thick, and lu;r iron frame of the same iiroporlion. The Phantom sailed on the 10th Juue, 1863, from Liverpool for Xas- ''aii, and is believed to have been employed as a blockade-runner. Hhe was never used for war. THE SOUTHEKNEK. On the 3d June, 1803, Mr. Adams addressed to Earl IJussell the fol- lowiiio note respecting a vessel called the Southerner, allejj^ed to bo tittiug out at Stockton-on-Tees:^ Mr. Ailatm to Earl IUihucU. Leoation ok thk United States, London, June '.i, l^'lilJ. Mv Lord ; I have the lionor to submit to yoiu' consideration copies of two disposi- tions relating to a vessel w^hicli hiw been fitting out at Stockton-on-Tees, for some ' Appendix, vol. ii, p. 177. - Ibid., p. 179. " Ibid., p. 187. 256 TREATY OF WASIIINOTON. tm |iiir|)oso not iisiiiil in tiimis of poiirc!. TIuh vhshuI in cnllotl tho Sniiflinriiiir, imd is tlic .siiiiu- (i> w liicli I I'iilltMl yimr loitlship's atiiMitioii in my inttn nf tlm 'Jiitli of Munli Ihm I (liiiiii it vMi Ncai'i'itly udiiiil of a lioiibt lliat hIk- i.i inftMnloil to I'uiry on ihr sam, piratical gioili' of warfare a^rainst tlip coiniiicrco of tli*^ lJiiitr No-callcd Alalianni ami tlie On-to. 'l'li*> pciHon MiiprrintendinK In r i-(|nipnii'iit ;i|iiirah to ln! tlu' sanH- wlio was uiinaily active in the case of No. 'J'.K). 1 Mieriifoie feel it i> niv (Inty to call your lor(l.slii[)'s attention to the ca.si^, in oril(;r tiiat the propci' iiH'asiir(.i may he taken in Neasl. 1 have, «.Vc., (Siniie.l) CIIAULKS FRANCIS ADAMS. In this iiohMvcn' iiiclosod two tl('|H)sitions, sworn by jiorsons who had inspected the ve.s.sel. These depositions, howi^ver, fiiniished no evichiicc that slie was in any way lltted or intended for war. It ii|)peare(l t!iat she liad two small ynns mounted on her \ t(de>j;raiih to the ]iroper authorities, to jiay iiumetliate attention to tho circllnl.•^talll■l■^ set forth in your letter. I have. iVe., (Si^nied) i?r.<.^i;u. Orders w<'re forthwith sent aeeonlinjuly, and the (jollectorsot cifstnnis at Stockton and Middlesborou<>li-on-Tee.s, at West ITartlepooI, ami iiiv erpool, respe(;tive!y, were instructed by telegraph to watch the vt'.sscl, to report any suspicious circumstance, any those statements would not siipi»ort ii elnuno against the vessel that she in ,iie(iiii|'l»'3, ho, again wrote aa follow.s:' /v((>7 llimmll to Mr, Atlam». FoHKKiN Oii'iric, ./((/»/ ;{, iHfjn. Sik; 1 had the honor, on the lUth of .luue, to <'ommnnicate to you the result of the iiM|niii(s which had, up to that time, lieeii instituted by Her >i.i,ieHty's {government witli rt'lVn^nte to the statements respectiufj the vesstd .SouthiMiier, contained in your Iticrof the ;td of that month. I howtsver added that attention .should nevertheless iitjiiuf to he paid to that vessel, withthe view of jjnardiny, as far as])ossible, a;;ainst .1 liciii;; eipiipped in this country in a manner inuonsisteut with the provisions of the iMni;,'ii-rMlistm.'nt act. I iiavi' now to inform you, in fultillnient of that assurance, that Her .Majesty's j;(iv- iMinifiit considered it desirable to re«iuest the board of admiralty to associate with the cistiim-house surveyor at l^ivcupool an otlicer well acquainted with the build and ri|iiiii!ii(iit of vessels (d' war, with instructious to survey the Southerner, and to report iliricsidt to Her Majesty's j^overnnuMit. Tliat ollicer's report has now been received, and I have tlit^ honor to acquaint you that it appears from it that the Southerner is an ordinary-built iron screw steam psus- Mii^jcr and car};o vesstd of l,.")!!^ tons, fitted with en;;iims id" '.WO horse-jiower ; that she i> also lit till with top j^allaut, forecastle, and poop-deck, with deck-house continuous (ore ;inil all with the same, in the same manner as the Inmaii lim- of screw-boats sailinij; lie- iv.rrii Liverpool and New York; that she is titted up aft, under the poop-deck, with iiiiiii aiionniiodation for about sixty-six saloon i»assenj{er8 ; the forecastle for tlu^ crew. nil! ileck-houscs for the ship's ollicers ; that her holds are appropriated for the n^cep- i.iiii iif car;;!!, and that she is titted with steaiii-wiiiches for workinij; the saiiu!. Till' adiiiiialty surveyor further reports that he tiiids, ii])oii examination, that her top Allies are of iron plates three-eijjhths of an ineli tliiek, and are in no way tittud or i' that she was intended for belligerent purposes. I have, Ac, (.Si-iicd) RUSSELL. Oil the 9th August, 1803, the Southerner sailed from Liverpool, with a dearaiice for Alexandria, via Carditt". She proceeded to Alexandria, ami was employed in tiie Mediterranean in the conveyance of cotton anil i I't passeugerH, and was never used for war.'^ n ♦the ALEXANDRA. On the 28th March, 1863, application was made by Mr. Dudley to the collector of customs at Liverpool for the seizure of a vessel stated to ' Appendix, voL ii, p. 208. 17 a ''Ibid., p. 209. M w i pi!-;; m m 258 TKKATY OK WASIIIXfiTON'. hv l.viiiy ill oiM' of (lie docks in i\w poll of' liivoi'ixu)], niiil ciilh-d tin Ah'XiiiKli'ii.' Mr. Diiillcy at llic .saiiic time laid b('tbi'(> tlic collcctiir six sworn depositions, one niado by IninsoU", and tin* otlins l»\ various otlHi |)«'rsons, lending;' to show that slif. was constriK'U'd tbi- warlike use, and that she was intended lor the S('ivi<*(', of th«' Contedeiafe States. Copies ot the de|>osilions wei'e, ou the .Mst .Mai'eh, received l>v |;ai| IJusselJ iVom Mr, Adams, to^-ether wit h a note, in which Mr. .\(|a[||> stated tiiat lie would leniit no exeitioii to place in the hands nt ||,., iMaJesty's uoM'ininent ail the iidbrnnilion that conld he ohtaint'il. Tlic reitcipt ot" this note was on tin; same day acknowh'd;;ed by lOml iJiisscli. and insfiiiclions were immediately ;;iven that whatever nieasares ('(miM Icjially lie taken in \ iew of th«' facts thus bion;L;ht t(» the knowlcd;;!. ,,| Her Majesty's <;oveinnn'nt should be adopted.-' The (h'positinns wvn at tin; same lime laid befoic the law otlieers of the (.'rowii, in order tlnit they miylit ad\ ise the ji'overnmcnt thereon. On the .id April, ISO.i, Earl Jtusscll further wrote to .Mr. Adams, a, follows:' J'Jarl liuHHtll to Mr. .IdainH. FoHKKix f)i'iici-,, .Ipril:',. l-c,:;, Sot: Willi !( rt'rciicc to my li'ttcr of the- Hist nltiino, I li.ivc tlif liiiiior In inroini vi that tlif s('< rctiiiy nl' utiitr lor tlu^ Iikiik^ (l»']>iirtiiu'iit li.is inskiiiitiil tlir innyoi i>\' l,i\ 4!r|iool to t'liiis*' iiiiiiir(li,'il<< iiji|iiii'i('s to In; iiiiulc witli the view of asciMiaiiiiii;; wlictlii" tilt* AlrxiiiKhii, (li'iioiiiiccil liy you ill your li-ttcr of tlit; :tr>tii iiltiino, is liiiiii; i'i|iil|i|iiil. liiriiislicil, lltlcd out, or iuiikmI witii tho iiitcntiini of licr Ix-iii;; ciiiiiloyi'd in tin Hcrvit'c of III!' so-c;»llcil OoiilViKTiitd Stiitfs, with iiitfiit to ('oiiiinil, hosliliiics ii;,'aiii«! the l'"t'(h'rii) (iovfrminMit of tho United States; iiiul if tiiis shouiil appear to lu' tlir case, tlie mayor is further instructed to adoiit whatever steps can le;,'aHy Ik; taken in tile matter. I have, &e., (Signed) UI'.^^.Si;!.!, On the otli Ajiril, ISO.'), tlio Alexandra was, pursuant to the diicctidii of Her .Majesty's fi'ovcrnment, .seized by the olllcers of tlu' ciisloiiis at Liverjiool, under the powers created by the seventh section of the im eijfn-enlistmeid. act ;^ and proceed! njjfs were .soon aft«'rward institiitnl in the court of ex('heIm. Mr I>oi!i> : I liave the honor to acknowledge the rocp|ttion of ycnir lordship's iioteol the otii instant, in answer to iniiie of the :U)th iiltimu, niakiii;; certain represcntatiinb in re^tard to the liiaracter of n vessel in Liverpool known as the Aiexandiii, Jt is with the most lively satisfaction that I learn tin; decision of Her Majesty's f^ovcniimiit in detain that vessel. Uelievinn' that such an act, at the pn'seni nioment, is caliulatnl to defeat the san;;;nine li()i»es cd" the coniinon cneniieH of hoth nations, to sow the swil" of dissension het ween them, I shall remit no etlurt to procun; all the inforiiiatiouiios- sihle to sujiport it. To that end 1 have, agreeably to your lordship's su{j;}{''''''""i''f'" the necessary instructions to the cousul of the United States at Liverpool to put liiui- self in communicatiou with the authorities designated at that X)lace to pursiii> tlit;!iiili- ject. I pray, &c., (Signetl) CHARLES FRANCIS AD.\MS. ' Ap])«ndix, vol. ii, p. 222. 'Ibid., p. 22y. ^Ibid., p. 23L "■ Ibid., p. 227. * Ibid., p. 2;J2. CASE OF (SKKAT URITAIN. 2r.o On tho 22(1 Jiiiio, 1M«5.'{, tin' riuiso cainn on for trial in the court of ox- (•li('(|ii»'r, Ix't'on' tin' lord «'hi«'ri>ai'oii (tlio cliirf jim1;;i' of that <'oiiil) aii«l a siu'ciiil Jiiiy; tlio attoriwy ^jft-iicral, the solicitor jiriicral, and the QlU't'll^'< iHlvo(;ate, with two other niciiibcrs of the har, coiKliictiii;;' th«'. case for the Crown. The trial oeenpied three days. At the close of the tiiinl (lay the Jury returned a verdi(^t a;;ainst the Crown and in favoi' of tiic persons claiming,' to he owners of the shi|».' Appliitation was tliere- ii|M)ii made on behalf oi' the <'rown to the fonr Jndj;('s oi' the conit of e.\- (•li('(|iier siftin^i" as a collective conrt, It) obtain a new trial of the cause, oil the ;4roands, first, that the instrnclions which had iteen delivered by tlic 1(11(1 chief baron to the Jury as to tlie int(>nt and interpretation of the law were erroneous: and, secondly, that the verdict was coii- 11) trary to the weij^htof *testiinony. Alter lonjjfarj'unient, the hear- ing' hein^ continued during six days, this application failed, the tour Jiul^'cs eoinposin<4 the court bein;;' e(|ually divided in opinion, .ind jiid^'iiieiit was j^iven a;;ainst the Cr<»wn.- All the Jud;;('s pronounced tlicir opinions .v<^>'(Vr//m in open court. From tliis jud;>'inent an appeal wasiiiadt^ on behalf of the Crown to another tribunal, (the exelie(pier cliaiiiber,) composed of all the jud;;es of the suju'rior cotu'ts of common law sittiiifi collectively ; but it was ad.judf^ed, after argument, that the jurisdiction assigned by law to this tribunal did not authorize it to enter- tiiiii tile aitpeal. Costs and damages amounting to ii.'?,7(M» wer(i paid by the Crown, as tlic (Icfeated party, to the claimants of the ship. Wliile these i)roceedings wer«^ pending, and after the verdict of the jury had been delivere«l, Mr. Seward addressed to Mr. Adams a dispatch, dated tlu^ 11th 'luly, l.S«i3, which (contained the following instructions ill ivjjard to the ease of the Alexamlra : 1st. You iicc iKitliorizi'tl niid rxitntcd to iissiiri- Kiirl IiiishcII that this (lovfrmncnt is iiitiiily satislii'il tliat lire Ma.jrsty's ;ion Anu'iican coniiiit ri'(( Hill to make war ajjainst the I'liitt-d States. '.Mly. 'I'liis (lovfinnu'nt is satistiod tlial tho law-oniccrs of tho Crown have pcrfonnod iliiii (IntifH in i('nanl to till- case of the Ah'.\andri( with a sinci-rt! (conviction of tho .i(lii|iiacy of tho law of (Jit-at Ihitain, a(Ml a sintcro (h'sirc to j;ive it olhot. 'Ml\. Tlio Ciovormncnt of tho I'lntod Statos doos not dosocnd to inijiiiro whotht r tlm jiiiy in tlio casf wero or wt-ro not inii»artial. It willin<;ly hditnes tht-y wore so, and it accrlits the Htatcniont niado with so nmch nnaiiiiiiity by all the rcnortcrs of the cjiso, liiat tlic jud^f who prosidttd at tho trial made tln^ htiuh rcsiionsildo lor thovordict by till' lioldiirHs and din'otnoss of his r((linjjs ajjainst tin- iiroscontion. Itiily. (ircat Uritain hcinj; a iroo and oonstitntional fo((ntry, ami tho proooodin^s in till' eiisi' of thoAloxandra havinj; la-on thus far oondnctod by tho fjovonnnt-nt in muni taitli, and act'ordiniiriiig the whole course of these proceetlings, vi/, from the .'ith April, l.S(13, to the 24th April, 1804, the Alexandra remained under '^mmv and in the possession of the oflicers of customs. At the end of that time, the executive having no legal power to de- tain her, she came again into the possession of Messrs. Fawcett, I'n-ston "^' Co., the persons claiming to be her owners, by whom she was, in June, 1804, sold to a Mr. Henry Lafone, a merchant residing at Liver- ' Appendix, vol. iii, p. 56. ^IbUl., p. 57. 2G0 TKKATY OF WASHL\(iTON. m'i' pool. ]>y lit'i- now owner her name was thon clnui'jcd to "The Marv;" her littin}».s on deck and helw were altered and made apparently suit able to a vessel of eoinnierce; and in July, 1854, she sailed from Livt-r ;)ool tor Bermuda and tlienee to llalitVix. Mr. Seward, on \n-\un:N:' or Siaii;, Waii'ilii'jf".!, Septvhibvr l;i, l-'iU. Sii; : This Dcpartincut liiifi iM'fii infoiiiU'd tlr.it th<^ stcaiiMT M;iry, wliicji Inimiiiv ..inli'i liu' iiiiiiif 1)1' t!i<' Alcxaiuha. \\ as »'li!u\u;f(l in tlif Urili.sli cmuts with li:i\ iiij; liid; biiiit I'cr tlic naval scivift! kC iln- insnr^tMils, lias anivcil at llalilax for tin' siippoM.d jtiirjxi.si- 1)1 (licrc Ik'ii)^ armtMl and »'i|(tii>|it'(l U,v that stTvici!. It is ('(/JisfMiiirntiv .siijijjcstcil that \oi. I'dniniiinicatc with the jiovi'iiior of Xova Scotia, in ortlfi' that thi- linsliic itcsij^iis oi' (Iiat vessel a};aiiist tlm I'nittMl Stati's aiiii tlu;ir .shiiijiin;; inay not Ix' canictl into cfliTt from any jiort within )iis Jurisdiction. 1 havi", \.--., (Si«n.'d) WILLIAM IL SKWAII]). A <'oi)y of this note was at once transmitted by Mr. Ilnrnley to the litutenant-{>t>vernor of Nova Seotia, win* rejdied as follows: LKultiKiiitdonriivr MacdoinulHo Mr. Ihiriilcij. (ioVKIi.VMKNT lIolM;, llnlifajr, Xora Srolin, SfptvntlHr ;'.(i, l-itU. iSli;: T have thr lionor to acknowledge the nceipt of yonis of the Killi iiist:).iil. I'liiniiiii' ihich did not rcacii nie till Ilie'J'^th instant. Yonr letter inclosi's ;i [I'J] nieatioi iVoni Mr. Seward. re|)n'seniiiij.; that 'liie Mary, I'onnerly the Al (ha. ha> arrived at Halifax, for the .s(i])))(ised i)Ur[)ose of beinj; aimed ami ei|ni;i|>ed tor tin eonfedeiate service. Mr. Seward therefore sn;j;j!iests that you should eoniiiiunieale with uie, in order tliiii Hie hostile des!;j;ns of that vessel a^jaiiist the l.'nited .S|at<>s and their .shiiipiii;,' may not be carried i'l!:; elfeet from any )iort witb'.n my jurisflielioii. Ill lejdy, I !'.avi> to sf.ite that, iu future, as heretofore, my most streiinoiis cxerti(iii> sliall be tlirected to 'naintainin^r within the neutral NsatiMs of this portir.u ot lln Majesty's doininioiis tiie strii-test oliservauee of those orders which have been issued for i>>y (guidance in ret'e.'eiu'e to beltii^eient cruisers, whether Federal or eonledeiatc. I cannot, however, intijlere with any vcskcI Hritisb-owned, iu a Ibitish hiirliDi. mi im re Husjiieion ; nevertheless, J have so deci(b il a d. ■termination to luuveiit any al.iiM of llie accoMimodatioi! alforded liy this port to any i>arty, thit I have iiistitiittd iiKluiry, for my own satisfaction, into the rumored destination of the Mary. 1 have tivi'ii dir.'cit d tint the Mary shall be watched, and am iJiepari'd to interlcre, if any ilb'j^i.l ei|niiitiient t)f thai vessel, ier warlike purposes, be atteinpred iu this proviiin'. At the H.-uii- time you ui;iy inierni Mr. Sewaro that the resultof my iiHpiiriesliitiiiitH leads me .o snppost- (iiat the Mai y, althouj;;li oi iijinally Htroni^JN built, and a|ipaiiiiil) iiiJeiided for warlike ])ur|)OHes, is now Ijiiij; liere an embariassinent to lici iiwiiciv isalaiih and uu.sei viceable, either , as an oidinar.\ mere!iantuiau or a cruiser. Ikr and a lialf knots, and I believe sin; is cniisid- nil sp"ed unil"r steam does not exceed ered a failtire, whatever may have liecu lier oiijiiuiil destiiiation. Therefore no dilli- ciilfv is likelv to arise iu her case. I iiave, A (Sijfiied) K. .}. ma(M)Onni:ll, LiculcHtntl-duririiiir, ,i- Tlie Mary returned in Novend)er from Halifax to IJerinuda, and thcmr j»ro<'ee«led to Nassau, wln.'re, on the l.'Uh December, 18(M, she Wiis.sciziil by order of the . 9M. CASE OF GREAT HRITAIN. 2(5 i heard on tlui 22(1 niti^ 23(1 May, 180"), and on the MHh May tlio (H)iirt (U'cidHl tliaf tlipro was no "n'ii«onal>ly sntricicnt" evidence of illegal intent to support a sentence of forfeitnre, and the vessel was accord- iiigly released.' The war had by that time teriniinited, and all arnie«l lesistiuice to tlni authority of the (loveiiunent of the ('nite«l .States ^viisat an end. The costs and expenses which the colonial j;overnnient iiiciuTcd by the seizure of the vessels ann)unte(l to £'il 1 \>>x. El Toussoii ami El Monassir, firon-chul rumx.J On the 7th July, 1S03, Mr. Pudley made formal applicatioji to the lollcotor of customs at Liverpool to seize, under tlu^ provisions of the iibovc-mentioned a(!t, a vessel described by him (Mr. Dudley) as "an. 11(111 cliul steum vessel (d" war," launched three days before, and then !yii!;iai llirkeidiead.-' He at the same time, laid betbre, )he collector sVviMiil depositions on oath, sworn by himself and various other jiersons, ill wliicli it was stated that t'.vo iron-clad stea». 'ships, sindlar in all material respects to each other, had Ibr many mo.'iins been in process III' construction in the ship-buildinji' yard of Messrs, Lainl iV: Co., ship- hiiilders of i»irkcnheaort of the appli<;ation were subseipmntly siil)iiMtt('d by Mr. Dudley to th«' collector of customs, and transmitted I'V M , Adams to Earl Kussell.-' Tlu second of the two vessels above mentioned was launched on tlie :*!ltli August, I.S(i;{; and an application, sui)portetl by sworn t'i| (Jepositions, for the seizure of her was, on *the 1st September, bSfi.'l, nnnh^ l>y Mr. Dudley to the collect(M' of customs at Liverpocfl. *'i>|ii( 's of these further dei)ositions were sent by i\Ir. Adams to Earl li'iissell.'' Her Miijesly's jjfoverntnent had, at the earliest moment, j;iven diicc- 'ions tliat a strut wat. Mbid., i)[).:wii,;?:a. -Il.i.l. !• :tl7. 'Ji>it. M. Miavay had, in fact, in Anj^iist, ISO^J, inadean appliiiation to the ImvikIi ;f(>\('inni('nt, slatinj^ tlic alh';^('d pundiase, and requesting that the j^ood olliccs of the I'''rencii rnihassv in London niijiht be used in his l)elialt'. in onU'r to einibh' him to send tlie vessels to Alexamlria ;' and it rintluM appeared lliat lie Inn', in I'\'bruarv, 1S(».!, inadea elainiupon the rnsliaV •i'overnnient on aeeonnt of two iron-elad vesselsof war, whi<'h he alliinKM! that lie had been ordereil to ()roenreby the then Pasha's jjredeeessor, (who died in 1S«L',) and. for wliieli he allejicd that he had |>aid a larj^c sinii tm aeeonnt." Finally, he produced to the IJritish naval attaelu' at Tiuis ;i number of jjapers relatinj; to the vessels, and furnished him with a vn\)\ of a lej^al instrument, dated istii .Iul\, IS*;;}, iVoiii whi(!h it appcaitil thai the iroii-i'lads hail, in fact, been built to the order of Uullock. Imi that IJuIlock's inti'rest in them had been transferred, or puri)ort«Ml to Ik transferi'ed. to llravay,' On the L'Sth Au^^ust. lS«i.>. Her liritannie ^Majesty's eonsnl-f^'eneral ii Efjfypt lejtorted to tin' ;;overnment that the Pasha of l'';iypt refiisod 1m ratify the order alie;ied to ha\e been j^iven by his i)redeeessur, or ti ]Mir('hase ihe vessels. This report was received by the jroverninciit oii the ."itli September.' On the same ."ilh September the builders of the vessels, in rei>ly toai: incpury address«'d to them l»y the undersecretary of state for t'oicij;!: alVairs. wrote to him as follows:'' ihy^^mm^^ Meiuirs. lAiird llrothvrn to llir Mujitilyn Jhniijii offici'. hlUKKtiUV.Alt, Seplrmliir :>, Mi.i. Sut : \V<' Imvc received your letter of the 4th iiistiMil, .sfatiiiH that l^onl IJiissilI has iiistnict('nr woiks. Ill reply, we lie;; to say that althouiih it is not usual for Mhip-builders to d' rhnr tli. names (d" jtarties lor whom they are liuildin;r vessels until the vessels are eiiiiiiiiiin: and the owners have taken jinssession. yet, in this pai'tienlarease, in <'onse(pieurf nl'ili' inan,\ rumois alloat, coupled with the ii'peatcd visits id" Mr. Mor;;an. the .snivevni i. ensloms. to our works, wc »lion;;lt it ri;4lit lo-ask pciiuission id' the i»:irties mi wlii." accuunl wi' are Iniildiie; the \ essels to j;tve their ininies to the Kiij^lish f;ovcrmiii'iil. in the event ol' sn(di int'onnation l>ein;j asked fointllieiali.N in writinj;. They at (Uice ^ranted us thr ]>erinission we Non;;ht for. W'c thercror<> lie;; to iul'omi you th.-it the linn on whost; account we iire huildiiij,' tli'- vessels is A. I5ra\ ay A Co.. and that their address is No. (! l{ue de Londres, I'aiis. :mii1 that our en^tayiement istodelivei the vesstds to them in the port of l.iverpnol wlni tlley aie completed aeeordiii); to our coidra(^t. The time in which we < \pect to lia\e Ihe lirst vcss(d so completed is not less tliiili one month from this date, and the second not less than six or seven weidvs from tlii.>ii:ili We are. &v., (Siyrncl; LAIltl) HlioTlIKKS. A. II. L\vm:i.. I:s.|.. M. p. The iiH|uiries directed by Hei' .Majesty's government were actively prosecuted, and, althouoh the> led to no conclusive result, ne\<'i'tli<'l(S> eoii\inced the o'osci iimciil that there was a reasonable prospect nt obtainiu};' siillieient .vidence as to the «lestination of the vessels. On the !>t!i Sei)temi»er. IHiJ.;. ijoth vessels beiiio- then in an tinliiiishtMl stittr. the l'oll(»win<^ notice was .sent ,to the builders by the seeretai\ of tlir treasurv : ' AppMitlix, vol. ii, j». :U<9. •'I hid., p. :!72. f- Ibid., p. ;{,">;>. -ibid.,p. :nr). ^ Ihul., p. :iu:i. CASE OF GHEAT BRITAIN. 203 //( )• .]fiij(sty'n Tnunnry lo .\frnnfs. Lnlrd llrolhvrK. T|{i;asii!V C'HAMiiKit.H, St'plfmher {), 18(5:}. Ckxi'I.k^"'^' : f iiiii (IcHircd 1»y my lords commissidiMMN til' Hit M:i,ii'-ii)|irl it yiiii tliiil tlii'ir l()rilslii]is linvc fclf it llu'ir duty t<» is-»iic ordtTs to tlif rimiinis- s lit' iiistoiiis tliiit till' two iron-dad stciimcrs now in tin' I'oursi' ol i'oni|iirlioii in iiiiniiick ;it MiikiMilii-ad mic not to l)i' pcrniittnl l.i Iimm' tiir Mitsi'v until s;ilis|'aftory iviilriiri- can l)c ^fivcn of tlicir di'stination, or at li'ast until tin' iiii|Mirii's wliiidi ari' now lieiii;,' |>r LaiI!I> iV r<>.. Ilirhciihidd. 44] * Tlic, builders replied ws follows 111 rrply, \\r licji to inriirni yon that we have forwarded a i-ojiy of your letter t MrSSl> A. Iti.ivav A Co.. at No. ti Kite, de l.midi'es, I'aiis, on wiiose aeemiiit we ar(( \'^ till' vessels, and to w lioiii we Itei; to refer yon for Inrtlier iiil'ormat ion ; iiiiis- iiiiiili ;i> iiiir iiiiianeinent with tlie;n is to deliver liie vessels at tiie [mil uf Liverpool ■aImii iliey ale loniideii il aceordiii^ to onr coiitrael. riic Imildcrs liiiviii^' inl'orincd the eollectcM' of customs tli:it they wished 111 take the vessel whi(di w;is neiu'est e,oiiii>letioii (iKiiiied 101 Toiissoii) for I trial trip, in order to test the machinery, hut with au iissiiriiuee that shi' sliiiiild he l>roi';;iit hack a,oaiii. they were told that circumstaiiees had iiiiiulo the ivnowled;:'' ol the o'overinueul which uave rise to an appre- lieiisioii tiiat ail atteiiipl mi.:;lit l)e made, without the privity and aoainst the intention of the hiiihh'is theiuselves, to .' The o(,ver"Mient. therefore, coii'd not lii'Miiit the trip to lake place, unless on the .mlition that a force of sea- men ;/ i Duirines, Irom !ler Majesty's channel tleet, (which was then in llie Ml : -(• ,) siinicMciit to defeat any such attempt, should he placed on liniinl of the vessel. On the 7th Octolter, 1S<;.'>, the builders w<'re tohl that, in coiise(pieiicc lit liiitlier information received by the o()vcrniiient. it was deemed ne<'es- >an to place an ollici'i' of tlu' customs on boary ao-rcc- iiiiMit. sold and tiansferred to Her Majes(\"s .o<»veriiiiient lor the aojrre- ^Mtesiim of Cl'liO.ttOO.'^ Tlie e\ idence which Ihe o()\ (.nimciit liad up to 'liiit tiiiie been able lo olitain was so inii»eil'ect as to make the event of ! irial (loiibtfiil ; and in aofeein^ to tiie |n;rciiase, Her ."Majesty's ;;(ni'rn- ii'iit was mainly actiialed by a desire to prevent liy any means within 's power (however «'ostly) vessids of yo formidable a character, (ron- ^tiin'Ud in a Mritish port, from passing' directly or indirectly into the iiiuls of a bellio(>i(.ut. THE CANTON, *)U PAMPERO. On ilie ISth (Vt :wv lliid.. jip. 4.")r -4r>it. Ibid., p. H-*?. Ibid. 1» 4(i7. 264 a- ■*-f- !^ A ■f i ?' 4 TKKATY OF WASHINGTON. Mr, Adams to Earl Ituxmll. LKtlATION OK IIIK rxiTi;i> SlATKS. London, itctnhir 17, \k[\.\. Mv LoiMK It is with jjroat ro^jiot tliat I Jiiul it my duty once iiKiri- to cull ymir i.n,; Mhip's attention to tlif t-lVorN niaUin<{ in this kingdom to aid tin- insinuiMts in Aiihiiim in fairy iiifj on tlirir resist. ini'f to tin- (iovt-rnnicnt of tin- I'nilrd Statfs. I lia\c stnui" reason for liclii-vin;; tliat, in atldition to a very lorniidaMi- stcain-rani now in iirncoMii construction at I lie |iorl ol°(iljis;;o\v, hut not yet so far advanci'd a.s t'lilly to y W. L. I'liderwooil. es(|,, ih,. consul of t lie I niled States, ^i vin;; some information in re<;ard to this ease. Mr. I'ihIim- wood himself entertains no donhr of tlu^ destination of this vi-ssel. althonj;ii fmm tin secrecy used in the |ii'occss of construction iuid |>re|iaratioii, itself ;i cause of ,siis|iiijiii], he has lieeii slow in ^ainiii!; evidence on which to lia>e a representation. Not douhlin^i that ller .Majesty's ;ioveiiinieiit will takt' all siiitalilc measures toiisni tain the corrcctiiiss tif thesi? ulleyations, 1 prav, &c. (Sifriied) CHAKM.KS I'K'ANCI.S ADA.M.-^. Tlio t'xtract.s iiujlo.sed in tlio above notecontaiju'd a (Uvscriptiiui uCtlir Canton. Tlic inioiiiiation tlni.s f'arni.slu'tl by Mr. Adams wa.s iMinicdiatcly (iiiii inuiiifatcd to (lie prop»'r dciiaitiiu'iit.s of tin- jiovcnimciit, and thcotti ccr.sot' cnstonis and local antlioritics were in.»;trnct(Ml to inak«' iinincdiatc in<|nir\, and to take such Icj^al njcasiires as nii<4lit prevent any atti'iii|it to infrinjie llie law. The in(pnries tlins ow .soon afterward made a formal apidicatmn that slic niio'lit lie seized, snpportino; it by several dejiositions on oath, lo wiiicli others were afterward ad(leai t'.Klt Sinclair had lately iieen, and >hen was, desirous of i-;nK-i'hiu; tin' >'oii- tract. A letter Irom Sinclair, .iskin;.j that the .oniri+tit wiuriil hi>.Ociii- Till:: AMTH '.m. .\|ipeiidix, vol. ii, [i. 478. »id.. ;•. i&k CASE OF GRKAT BRITAIN. 205 ,vVh]. was plar-ol in tJie hands of the hiw-offieers of the Crown for NotlaiMl, and was as foUows :' LoN'l>oX. Stplemhi r '2i, H(>3. My Dkai: Sii;: WIkmi I mailc a contract with you in Noveinhtr last ("or tin- iMiildinj^ l' ;i stt'Uiii.>lii|'. I was uinliT thi" ini|>i'f.ssion, liavinjr tak(Mi it'y;al advii'c, tli il tluTf was iiotliiii!: ill ''"■ '•'^^' "' J'^n^ilJiiKl that wonhl jnnvfiit a Hiitish snhjict lri>!ii hnildi!!;; •mi'h a vesst-l for any t'lirfiirn snhjcct us a connncrcial transaction. Altlioiiuii thi- ri'- iciit iltcision of the conrt of cxi-in'((n('i' in thti case of the Ah-xandia wonhl sccni to Mi>taiii the ojiinioii. yet the evnh'nt (h'terniination of your y;overninent to yieitl to th<^ jiif>siire of tlie I'nited States niiuiMter, and j»revent the sailiiiiiof any ves>cl that may 1h- >iisiwt<- where I can have more lihernl action. In tlifse ciri-ninstances I ilesire to jint an end to onr transaction, hy your rctnrnin;; nil' till- cotton certiticates which I delivered to account of price, and my ram illnj; ilifi'iiiitract. Till' iiHTi-ast-d value of shi)t]>in^ since the date of our transaction will. I have no ,;,iulit.ciiahle you at onc<' to meet my wishes in this respect. I shall feel mmli oliliWAl!l> I*KMIU:oKK. Ksq. Oil the l(>tli Doeeinlu'r the Pampero was, by direction of Iler Ma- jtstv's };t>v»'rnnu'nt, ."^vized by tin* «'ollector of customs at (llji.sjiow. jitid li^al luocccdinji^ wi-rc instituted to obtain a dec^uation of ftufcitnre. - Tlii'fiise was appointed to be tried in Ajnil, IHVA. when, no dcfcn.sc be- lli;' made, a Vi'rdict was entered for the Crown, timl tlte vcsst'I was de- (laicd forf«'ited. 8he remained nnder seizure until October. ISO.'), and was tlieii ;riveu up to her owners, all reasons for detainiiiji her beinj^ at an t'lid. ' THE AMrniuN, THE HAWK, THE VIUGINrA, THE LOl'ISA ANN TANNV, THE HERCULES. Ill the year 1S(I4 repn'scntations were made by .Mr. Adams to Karl IJiissfil res[K'ctin,:_' two vr.ssels named the Amphioii and llau U : and, in till' year Isim. respecting three others, the Virolniii, tlie Louisa Ann I'aiiiiy, and the Hercules, all of which In^ allej^ed to be titling out in jMMtsot" the riuted lvinj;dom under suspicious circiimstanei's, and to i"' jtrobalily destined for the nav.il service of the Confedeiate States. Ill eacit of tlu'.se cases the information furnished was iminediately traiis- iiiittttl to the proper departments of the government, and carefnl in- ||iiiry was ntath'. In none of them were any rea.soiiable utounds of Misiiicinii found on examination to exist, which would have Justified the xtMiitive in interfering:, and noiu^ of the suspected vessels were evt'r 111 tact armed or u.sed for purposes of war. The dat<'s at which Mr. Ailaiu.s's representations in the.se several cases were respectively tirst i't't'ived, and were referred for iucpiiry, were as follows: The Autphiitn. — Heceivetl March IS, 1SG4; referred on the saute day t«» the home department.^ !'' * TlnIIoirk. — Received April 1<», ISOt; referred to the treasury, the hoiue department, and the lord advocate, (the law , ISfJo. ■ ' A|t|>«>nilix, voL Ji, p. filL ll'id.. p. r>-20. i'lid.. p.ii;«. 'li'id.. pp. :*G, .^^7. •''Ihid .i»p. r)4:<. .■>44. "Iiiid.. pp. .')'.•:>. r>y6. 'Ihid.p. :>0, 26G THKATV (IF WASH1N'(;T0N. Ill Jickiiowlcdfiiiif; tlio ret'cii)! of Mr. Adams's note respectiiij; tlif Iloiriih's, Kail HiissHl wrote as follows: ' Jutrl ]li(sxiU to Mr. AdnmM. FoiiKKiN Oii-fCK, Fdiniarii s, ix;.-, Sii!: I Iiiivi' received your letter dated tlio 7th instiiiit, and delivered at the i'oni;;: otlite at a li'te hiiiir yesterday ev(^niii;4- after tlie elose of hiisiiiess; luit not Iicin. iiiariied iiiiirn Hate, it did not come under the notice of tlio under-seertitary of stat" nntil 1 p. ni. to-day. '•'he matter shall he immediately attended to, hut, in tlm mean time, I wish to rail your attention to the dates of the 1« tiers wjdeji yon inclose. The lirst letter of tli. I'niteil States eoiisiil at l.iverpoi^l is dattMl the 'J<1 instant, and alllrms that a sliainn named tlm Hercules is litlin;; out in the Clyde for the confederate service, mid tliat this vessel is to he ready foi' sea in eifjht days. The second letter which yon traiiMnit to nn> is dated (ilas vcs.sj'ls. A vcs .s«'l called the A.iax, as to which no represcMitation had been made or in- formation furnished, but which was suspected by some of her crew of beiiiii' intended for the confedenite service, was examuu d and sciiirlicil by the ollieers of cn.stoins at (^>ueenstowii, and afterward, niidcr in strnctions from the K<>^''''""^*'"t, by tlie colonial authorities iU Niissun. She was not,, however, found to be adapted or intended for warlike use, and was never applied to such use. In sending inlbrinati(ui to Mr. Adams resi)ectin<; the Virf^inia, Mi. Diidh-y, in a letter dated the L'Tth January, l.S(}.j, wrote as follow.s:' Li'.e the Sea Kiiiji, any steanu'r now destined for i)rivateerinn fits away as a conimor- i'ial vessel, and tliere is not hiii.<>' about her movement before she Iciivcs jioi-t, or until within a few hours ot' her leaving;, when she may suddenly chan;;); owners, aiulliii master lie ;i;iven anthmiry to sell at a o;i\ i-n sum out of British waters, to create any mistrust of the |nir|i>ise of those who control her here. I'ndei' such a mode o. open.tions it is next to impossibh* for ns to jret testiinony in season, and snibt ieiitl.N sti(m,!j, to ask for their detention. The only course Ict't nir, theretbre, is Ik lali your ,'Uter.tion to all eases otVerin;^ any reasonable jfround of Mb- picion, and Uam- them to In 'lisposed of ,is you nuiy deem most expedient. SIMMAKY. The ju'ecedin^ statein<'Ut of fa<'ts .shows the o'eneral course of con duct pursued by Her Hritaniiir Majesty's o()vernm«'nt, in relatimi tn vessels alle^yed to be, or sns]H'eted of beiiio-, httetl out or jueparcil witiiin r.rii-^h t<'rritoiy for belliii'erent u^e. It includes all the cases (except those of tlie Florida ami Aial»!ima, wliic^h will lie presently stiUcil in which intbiin ition thai any vessel was bein;;' built, ecpiipiied, or pro pared for .sea in any Hritish poi-t, and intended, or sUi)po.sed to 'h' in tended, for warlike u.se, was received by, ov came to the knowk'ilj;c ot. irer Majesty's <;overnineiit before the departure of such ve.s.sel. It will have ln'cn .Keen — 1. That in every ease din ct ions weix> given, witluuit the least tlokn- for investij>ation Jind impiiry on the spot by the proper i>tHeer8 of pov i ' Apiiendix. v(d. ii, p. .')8'2. -Ibid., pp. .">7.'), oilO. •■•ibia., p. r)9(i. CASE OF GREAT RUITAIN. 2G7 iTiiinont; any rea- soiiahlo evidence is understood t<'stini(Uiy which, though n(»t conclusive, otl't'iHl Mevertlieles;4 si reasonable jnospect that the jnoveinuHMit mif»ht he able, when the time tor tryinj>' the case should arrive, to sustain the ^t'iziiie in a court of law. ."». That in several of the t-ases in which a seizure was made the j;'ov- ciiiiiiciit tbund itself unable, or uncertain whether it would be able, to >iistaiii the seizure by sutlicient evidence, and was unth'i' the necessity (if t'itlier releasinj*' tlie vessel and paying the costs of the trial and e falhuaous, espe(rially in cases wliiTc the vessel is c(nistructed with a view to somtM'inploymciit which, tlidiifrh (;onnnercial, is out of the ordinary course of commerce. CASE OF THE ANOLO-CHINESE FLOTITXA. The steady determination of Her Britannic Majesty's liii\vii ill that of the llotilla of j^uuboats eipiippcd foi- service in China. ill March. lS»iL», tlu' Chinese }i(>vernment <;ave authority to Mr. Lay, iiispecttH' general of Chinese^ customs, then on Ieav(^ in I'^iijuhind. to piir- iliasi-aiid eipiip a steam-Heet lor the l*Jupi'ror's service;' and a sum oi iiitiiicy was placed at his disposal for the purpose. Ml. b;ty :wcoi'dinNlM»rii. ail otticer in Iler Majesty's navy, accordinj; to which tiie latter "lis to take commaiid-in-chief of the Ih'ct, receivin}»" oi'ders from the ('iiiiicsc government through Mr. I^ay. Her ^laji'sty's iioverninent, by "itlci's it) tonncal, gave perniission to enlist olUeers and men tor this -'•ivii'c. Ill September, IStJ.'^, ('aptain Sherard Osbora arrived in (,'liina with ilif llotilla, consistinjj^ of six vessels of war. These were the IN'kiu, ' liiiia. and Keanj^-soo, of six }>uns ea<'li, tlie Kwanjitunj^ and Tientsin 't t"iir fiiuis, and the Amoy of two, the Thule 'acht, and the Hallarat ^''I'csliip. ' Appondix, vol, ii, p. G81. * ' ■i-'-;f IS: '' ■ - Ci 2G8 TUKATY OF WASITINGTOX. alii-.: ; Ml-':/' A tlidii'n'iicp, liowovor, avow lu'twtni tl»e Cliiiiose govpriiiiKMit on tlic OIK' .si(h', iiinl Mr. Lay and ('aptaiii Osboni on the otlicr, as to tlic coiulitions on \vlii<;li (Japtain Oshorn was to hold his command; and. this ditrcifnci' not havinj; bt'cn adjnstod. Captain Oshorn inlonncd Sir F. Hruc*', Ih'r Majcst.v's minister at Pckin, that tlie foreii wonld he (lis haiiih'd. He aslvctl at the sanu' time wlu'tlier Sir V. llruce saw any oli Jection to his snrrcnderin;;" to the Chin«'se gov«'rnment the eij^lit ships \vhi«'h h<> had hronyht ont.' Sir F. IJrnec thereupon informed the Chinese y;overnment andCap tain Oshorn (d' hiseonvietion tliat Iler Majesty's }>'overnment would iint liave consented to the orj^anization stion was now it could Im done with safety. I fcart'd that the ships nii','!il lili into till' haiiils of the confederates, who arc snpposed to liave a^icnts in Chiii.i; -am then there was Iheconiinon apjirehi'iision t'rnni lawless nww on the coast in llx' iiili'i- est of the 'raepinns as well as from pirates, and the desire of the d.-iiinies in ,1:1111111 ;- ]irocnrc steamers at any ]iricc. It'was clear that the Chinese could do nothiii;; of themselves with the st camels, anil that, unless soniclhinj; were done yon, Ihey would ceiiainlv fall a i)rey tn mn"; these several dan;fers. In my solicitude on .account of the reliels in my own c(iiiiiM\. 1 made an earnest protest ajiainst the dclivi-ry of the ships to the Chines". Ymi i. spoudcil, in that spirit of comity which has ever distiii;j;uishcd oiu relations, thai iL'' siiips should lie t.'ikcn hack to Kn;;land, and that no elfiut, on your )iart sliiiiilill» s)iareil to ))rcV4'nt them froiii taking a tlircction against the interess of my cdiiiiliv. Thouffh siihse(|ucnt events made it necessary for the ships to tak ■ the ilin'i'liuii im!: «'atcd l>.y the desire of the Chinese themselves, still I shonhl he waiiiin;^ in appn'ciaii" of your conduct did 1 not mark it with my most heartfelt thanks, and at as caih ; ]H!ri(id as jtossihh' hriii^ it to tho uttciitioii of my (lovernmeiit. I have, Ac, (Signed) .\. in'KLIN(i.\Mi;. It was eventually Jirrangetl that (^iptain Oshorn s.jould send iiartot the Uotilla to Englaiul, take the other portion to Boiwhay, iind sell tlum all on account of the Chine.se f;()vernment. Captain ()sl)orn accordin^^ly took three vessels, the Kean^'-soo, li guns,) Ivwangtung, (4 guns,) and Amoy, (2 guiM,) and the dispatdi boat Thulc, to llombav, where he arrived in J iiiuarv, 1>S(!1.' At lii> reqiu'st the g(>vernment of India took charge « f the vessels and tlic military stores on board of them, and he th, ;. pioceeded to l']M,ulaii't. where he arrived in February. The rest of the flotilla, consisting ot'tlif ' Appendix, vol. il, p. ii&i. -• Ibid., !», im. a Ibid , 1), . Cyj. CASE OF (IREAT HKITAIN. 2(J9 III' iiiii'i- :i|i;ili :>' UTS, anil II mil' "! iiuiiir\,l Yiiii i< lliiii \i'' IiomIiIIi iiiiili) . lion imi ICI lilli" IS I'iiih .1 (iAMK. part I'f •11 tlifiii ■soo, 'i spatcli At lii> I ml tlif :iij-laml. <>■ of tilt' IVkin and China, (G guns,) the Tientsin, (4 guns,) an«l tlio HiiUarat stort'ship. wore sent to Knglaml, where they arrivecl in April.' On the first intelligence of tlie arrangement made with the (>liinese ..'ovcrmiieiit lor disposing of these vessels in India and lOnglaiid, a letter was addressed by the foreign oHiee to the atliniialty, India ollice, ;,iiil colonial olVn-e,-' stating that the ''vessels are e.mh'rstood to he fully I'tiuipped for belligerent purposes, and ller Majesty's government are , it opinion that it is incumbent upon them to take any precaution that may U';,'ally be within their power to prevent them from passing in their iiiesent state into the hands of any power or state engagtul in hostility with another power or state in amity with Her Majesty.'' It was theielbre desired "that the attention of the naval, colonial, or Imliaii authorities, both at home and on any station abroad within Iler Majt'stv's dominions, where the vessels nuiy be expected to l»e met with, >lu»ultl l)e ealletl to the necressity of taking such measnres iis may be li-pilly within their power in furtherance of the views of Her Majesty's oiiveiiiiiieiit in this matter; and specihcally as regards Captain ()sborn, who is an otlicer in Her Majesty's naval ser\ice, that he should be point- nlly laiitioiied against disposing of any of the vessels to be used in the naval service of a belligerent power.*' t>ir F. Ihuce, at Pekin, and Sir H. I'arkes, at Shanghai, were in stniited to make a similar comnumication to Captain ()sborn, in case tli.'.t ollicer was still in China when the dispatch reached them. hi anticipation of these instrimtions Commodore Montn'sor 'had warned Captain Osborn on his arrival at Houjbay against selling the vessels, and had joined with the governor in remonstrating against any iitrenipt to sell the Thule, which, as being an unarmed dispatch-boat, ilid not, in Captain Osborn's opinion, come within the same category as the armed vessels, but which the two former oUicers considered open to oHjcetion, as having been eiiuijjped for naval service, and cai>able of be- in;: adapted in some degret^ to belligerent purposes.' The TUule was, notwithstanding, advertised for sale in l>ond)ay on tlu' Kitii of February, after Captain Osborn's departure; but thegovern- iiicnt of liombav forbade the sale. Orders were sent from home iu April to permit the sale of the Thule, but to retain the other vessels, (are was also to be taken that the Thule was not eijuiitped ;,s a vessel iif war for either of the belligerent |>arties in America.' Tile sale, however, (lid not take i)Iace. ti'l *The three armed vessels sent to Englaiul arrived in April, and wen' moored in Woolwich do(;k-3 ard. The ISallarat, l)eing merely astoie ship, did not come under the custody of the government, and was sold. The ailiiiii'alty refused to archase the vessels for the government; Hid it was settled that the}' siioidd be placed at moorings in the IVIed- way, and there retained until the objections to their sale might be re- iiiiived, and that any expenses incurrejectiiin tn in, selling; tlie vt'ss(^ls to any person or in any way tiiat lie n»i;4:iit thinU ijt; such sale. (provid(>d no a«hlition were made toth<>ir eipiipiiienis or iiimj tare, lielbre delivery to the piUithaser, lor the. pnrposes of any helij^) ivnt power) heinji' in no waiy contiary to law. If, on the other liiind, the yt)vernMient wvw not prepared to take this eonrse, it was nioially UoiiihI to take npon itself the responsibility from which Captain Osbnrn (Icsiivd to be freed. Captain Osborn, the admiralty, and India oilice were thereupon :i|i inised tiiat Her Majesty's {.jovernment (-onld not at present saiMtimi tin sale of the vessels in India, but was prepared to take on it. sell' the i, sponsibility of di'tainin}^ the vessels in (piestion nnsohl until furtlm onlers. A similar communication was made to thetJhinesejuovenmu'iit. through Sir F. I>ru(!e, with the assurance that the Chinese jjoverimiciu should not ultimatelv lose the valiu' of the vessels.' An offer was made in December, I-SIJI, by .Messrs. Ritherdon tS: Tli ()iii|i son, to purchasi^ the thre«! vessels in Kn;;land on b«'halfof a forei>;ii j-(j\. ernment.- They were informe. 71'.i-714. ' Ibid. 721. C'AHK OF (»RKAT lUMTAlN. 271 military aiiMioritics in lOii^flaiHl iinil Iiulia, iiiul tlio lunoniit roiiiittnl to tli(("liiii<'s«' jLCovcninu'iit. Sir Krcilcrick nnicc, writing; in DcummiiIkm', l.Sd."), IVoiii Wasiiiu^itoii, to aific a si»'('(iy .scttlonu'iit of tlie ('JiiiM'so claim, salt!, "I iriay :,0i iiM'iitioii tliat tlit'ii' is no douUt that a;,'<''its •of tlir <'oiilV(U'ratt'S Wi-rcoii tlu' !(*oiv out to pincliasc tin' nioic powt-rfnl vt-sscls of tin' iidrou IVoin the ('liincsc, had they bfj-n left in tht'ir hands, anil it is ally certain thai lln^ Chincso wonid have sold these v«'ssels as hein;;' iiiiteil to them. It is not dillicnlt to eonjeetnre what wonId hav(^ luM'n till' (licet on onr relations with this ;;oveiinnent had any of these vessels hccii turned into confederate crnisers. It wonId have been impossihh; [(.(lisahusc this j;(tvernnu'nt and i»eo|)lc of the idea that the tlotilla was adti'p laid scheme to snpply the c()nfetlerates with aiiotlicient sqnadron ill tlic Pacilic.' AimI Mr. Adams, in a note to Lord Clarentlon of Decemher L'S, 18(15, mi tlio same subject, wrote as follows:- " In a conversation which 1 Inul till' lioiuir to hold with youi- |)redecossor, the IJi^ht Honorable Karl Itus- .(|ii nil on the L'."»th of l''<'brnary, 1S(»4, } ac(|uitted myself of what was to me a iiKist afjreeable duty, of si«>iul'vin;4' to Her ^lajesty's jjovornnu'nt tlic lii;,'li sense enlcrtained by that which I have the honor to represent 111 tilt' friendly proceedinj^s of Her Maj»'sty's envoy in China, Sir Fred- dick Brace, in re<;ard to the disposition to be nuide of the vessels then kiidwn as the Osboru Flotilla." I 'Ai»in'ii(lix, vol. ii, It. 7lH. -Ibid. 719. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 ;i 1^ 1 2.0 111= U ill 1.6 V] <^ /i ^1 '<^1 ^ ^> # '/ # Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4S03 ^ :\ 5' "V ^1> 6^ ;«' €^ 'i£ >" * .*' «?- .vided there were suflieient proof of an unlawful intent, although the vessel might not be actually armed so as to be cai)able of immecliate employment for war. But no court of law had pronounced a decisicm on tins point, and the (|ae.stion was never raised before any sudi court until the trial of the ease of the Alexandra in 1803. Her Britannic Majesty's government now proceeds to state for the in- iormatiou of the tribunal the facts relative to the cases of the ['>'!] Florula and Alabauia. It may be here *remark<'d that when these cases were brought to the notice of Her Majesty's govern- ment, and up to the tinu' of the departure of the Alabama from Liver- pool, there had been no instance from the commencement of the war ot a vessel ascertained to have been litted out in, or dispatched from, any British port for the purpose of engaging in hostilities against the L nitcd states. The oidy vessel to wliicli the attention of Her Majesty's ,:ovciiinient had been directed before the Florida had i)roved to be a bloeicade-runner. It iiia.\ be a, 18'L*, on evidenee considered by him to "apply directly to iniiingements of the municipal law, and not to anything beyond it."' ' Appendix, vol. i. p. "iKi. 13 A 274 TREATY OF WASHINGTON. .).) •==PART V. STATEMENT OF FACTS RELATIVE TO THE FLORIDA. :-%- pakt v.-Th- Oil the lOtli Fcbniiiry, 1802, Earl Kiissoll received liom '^'""•'' ]\[r. Adams the following; note and iuelosure : Mr. Jdums to Earl liiissell.^ Lkgatiox or tiik Umtko Stah.s. Lomhu, J'lhniarji I-'. \-{yi. My LoiJT) : I liavo tlio honor to siibiiiit to your coiisidcratioii tlic copy of an cxtraci of a letter addressed to uie by tlie eoiisiil of tlit^ United Sjtates at Livei'iiool. fiojiiijtd show the i)rei)aration at tliat port of an armed .steamer evidently intended fur hosiili. operations on the oeean. Fi'om the evidenee fiirnisiied in the names of the iicrsnns stated to he coneerned in her eonstrnction and outlit, I (sntertaiu little doiil>t tliiit tiic intention is jireelsely that indicated in the letter of the eonsul, the earryinj;- on wiii' ajiainst the Inited States. The parties are the same which disi»atehed the IJernnulii. laden with contrahand of war at the time, in Au}j;n8t hist, when I had thi' hoMunil' calling' your lordshl])'s attention to her ]iosition, which vessel then succeeded in rim- uing the blockade, and which now apin'ars tt) be about again to de[»art on a liiic errand. Should further evidence to sustain thc^ allegations resjtecting the Oreto beheld mci's- sary to etl'ect the object of securing the interposition of Her Majesty's governnu-iit. 1 will make an elTort to procure it in a more formal luanner. (Signed) ' CIIAKLES FRANCIS ADAMS. [IiicliKSurc.] Mr. Diidhy to Mr. Adams, UxrrKD Stati'.s CoxsiiAri:. Lirtrpool, i'dinntrii 17, I'lW, Silt : The gun-boat Oreto is still at this jiort. She is nniking a trial triji in tin- river to-day. No ainianient as yet on board. She has i>nt u]) a second smoke slack ^ilH r 1 wrote you. She therefore has two liiiinels. three masts, and is bark-rii:ged. I iim nowinformed that she is to carry eight ritled cannon, and two long s\vi\ cl-;;ini-i mi pivots so arranged to rake both fore and aft. No jiains or expense has l)cen spinril in her construction, and when fully arimd she will be a formidable and danuciiius ciiiti. In strength and arnniment (piite ei|Ual to the Tnscarora : so I should judne iVoui wliiii I learn. Mr. Miller, v ho built the hull, says he was employed l»y Fawcett. Ficston iV (n.. and that they own the vessel. I ha\e obtained information from man.\ dili'irtiit sources, all of which goes to show that she is intended for the southern confederacy. I am satisfied that this is the case. She is ready to take her arms on lioard. 1 laiimii leain whether they aie to be shipi>ed here or at some other iimt. Of eouise she is in- tended as a ]trivateer. When she sails, it will be to burn and destroy whatever >1m meets with bearing the American Hag. The Herald sailed for Chailestou on Saturday last ; Captain Coxeter went out in liir. The liermnda will sail this week. I have. &c., (Signe.l) H. DrDLEV. Vnitvd 7«/' this ves.sel to Her ^Majesty's in'overnnu'iit. lininediat(!ly on the receipt of Mr. Adam.s's in)te and inelosnre, (-opies of both were sent to the secretary to the treasury, accompanied by the folhtwitiy letter sioii(>d by Mr. Hammond, one of the under secretaries of state for foreign affairs :' FuiM'.KiN' Oi'i'ici:, rihniurji 19, lsG'2. Siu: I aai dii(!eti'd 1>\ Earl Russell to transmit to yon a copy of a letter from Mr. Ailiiiiis. iiu'losinji' an extraet of a letter from tlie I'niteil .States eonsul at Livcipool, in which !ie ealls attention to a steam-vessel called the < )ieto, reported to he littinn' out lit Livciitool as a southern privateer; and I am to retiuesf that you will niovi; the I'onnnissioners of Her Majesty's tieasnry to eausi; immediatt^ ini|niiies to he made! 'tiii^- this vessel, and to take such stents iu the nuitter as may be light anil [ilojicl'. mi, A:(! I (Signed) E. HAMMOND. Earl Kn.s.sell on the same day acknowledji'ed the re(!eipt of Mr. Adams's note and inclosure, and stated (as the fact was) that he had lost IK) time in communicating' with the pro[>er departnu'ut of government on the subject. The eommissioiuM's of customs were instriu'ted to inciuire and report upun the matter; and on the -4th of F(d)nniry, IStJi', the secretary to the treasiuy transmitted to Mr. Ilammond their re[)ort, which was as follows :'' ClsToM-Hiti si;, F(l)r iKiri/ '^i is; Vour lordships havinfx referred to us tli<' annexed letter from Mr. IlMnimond. trans- initliMir, hy desire of Earl l^lss(•lI. eopy of a lettei' from Mr. Adams, inclosin;!- an ex- Had ij ^J ^M ''rm 27(5 TREATY OF WA.SIIIXGTON The Onito is jiierced for four ■i;nns; but slic lias ns yi't tjikcii iidtliiiiif on honnl luit toiils and ballast. Hlic is not, at jtrcsciit, tittcd for t!ic rccf|ition of i^nns, nor aii' lii. bnildrrs awaio that she is to bo sniiplicd with ;iven to the ol'licers at Liv- erpool to \vat<^li the movements of the vessel, and that we will not fail to nqxtrt forrli- \\ itii any eirenmstances which may occur worthy of your lordships' eoirni/ane(>. (Signed) TIIO. F. FHKMANTLE. (iKKNVlLLE V . L. JJKliKKLKV. The reports wliicli tlie coinniissioiiers of customs had received fidHi their ofticer.s tit Liveri)ooI were as tolh)\vs : ' Mr. Edwurdx to the commimonern o/citntoms, LiVKHi'OOT., Fchnmrii 21, Wri. HoxoitAiii.K Silts: The builders of the vesstd Oroto are Messrs. Miller »V Sons. .M. Miller is the eiiief surveyor of tonnaj^e. J'.y their note inclo.sed the vessel is corrcit!'. d'scribed, and I have evt^ry reason to believe that she is for the Italian governiiitnt and not I'or the confederates. It will be seen by the note of the surveyor, Mr. Morjjan, which I annex, that as yet she has nothing in her, so that the information furnished to the government is, so ini. ineoirect. Sjieeial directions have been given to the ofticers to oliserve the movements of tin vessel, so that ■whatever takes ]dace can b(! made known to tlui board at any time. IJespectfully, «S:c., (Signed) S. PKICE EDWAlfDs, Mr. MiJhr fn ^fr. Edwards. LiVKin-oor., Fchrunri/'U, \^l\-l Silt: "We have built the dispatch-vessel Oreto for Messis. Fawcelt, rreston iV Co.. engineers, of this town, who an; the agents of Messis. Thomas Mrothers, of I'.iicniH.. i*)V whose us(i the vessel, Ave understand, has been binlt. She is pierced for four uiin^: [o5J she has taken nothing whatever on board except coals and ballast; she is ia in Avay titted f(U' the recei>tion of guns, as yet; nor do wo, know 'that slic is ii have guns while in England. Mr. Thomas, of the lirm at ralermo. frc. -ced for guns, but not fitted for the reception of tliem, and had none on board. J5eyonXXACii:. No. ()( tens. Tiiiiiiai^e under tonnage-deck 410. 41 Closed-in spaces above the tonnage-deck, if any, viz : Space or spaces bctw(!en decks I'lPOp liiiiiiid-house Other inclosed s])ace8, if uuy, naming tlieui Gross tonnage 410. 41 liediiction tor bpace required for propelling power '.>:{!. !)0 Registered tonnage 178. 51 I-ingth of engine-room , fil feet. Number of engines 2 Coinbiued power, (estimated horse-power,) number of horse-power .. 200 [''^] *I, the nndersigned, John Henry Thomas, of Liverpool, county of Lancaster, merchant, declare as follows : I am a natural-born British subject, born at Paler- i"o, ill the island of Sicily, of British parents, and liave never taken the oath of allegi- •iiice ti) any foreign state. The above general description of the sli'p is correct. .Tames Alexander Dugnid, whoso certificate of competency or service is No. 4073 is the master "t said ship. I ain entitled to be registered as owner of sixty-four shares of the said ^'iip. To tlie best of my knowledge and belief no person or body of persons other than ' Appendix, vol. i, p. 10. 278 TUEATY OF WASHIXfiTOX. B T' ¥-9 .sii(;li jK'rsoii.s or iMidit's of ^icr.sons as arc l»j' tlit) mcri'liaiit-sliipiiin^' a(.'t, l"-.")t, (|ii,ili(inl to l>t! owners of lintisli sliips is t-iilith'd, as owner, to any interest wliatever, clfli,.! le;;al or henelieial, in tlii^ said sliip. And I make tills solemn declaration consiiiii- tiouslv, liclievinf; the same to )jt! true. (Sifrned) JOHN H. THOMAS. Maile and Hiihseribcd the Ist day of Miucli, IriO'J, by tins above-named .lolni Ihnrv Thomas, in the presence of (Sigiiwl) J. C. .lOIIXSTONE, .Ti;., liVf/infrar of Shippiii;/, I'lirt of Linrpni)!. Oil tlie 4tli ^Nrarcili, isn2, rlie Orcto was (tlcarod from tlic ollico of ens. toins, Liverpool, for I'alcrmo aiiaste iSnj^ar, relincd Sii^ar, (lor dra\vba(dv) Sn , .do.' .do , .do .do , .b> r]»onn canisters ; 2A0 Ib.s. 4 bags ; (140 lbs. 1 barnd ; 1 cwt. S lbs. f;I'""% h:5cwt. ^(irs.l-Jll... 3 barrels S 3 boxes; 63 Ib.s. 2 boxes; 10 lbs. 12 boxes; 2 cwt. 1 qr. 20 Uis. 11 jars ; 2 cwt. 1 i[V. 18 lbs. (Signed) -, 1862. Examined. Cleared March 4. J. MUDIE, Searcher. , Collector. SAMUEL WAKEHAM, Broker, 17 Park Lane. ' Appeudix, vol. 1, p. 8. CASE OF GHKAT BRITAIN. 270 Tiic iibc)v<> victiiiiliiift' bill is in the nsiial form, printed with bl.'inks t(» hv filled up iH!(U)rdinj;' to the fiicts in each ease. TiM> blanks ;,")7| toUowiny the words •' passcn^^'ers or *{ro()ps'' and tlu^ word '•jniiis," respectively, are «'(pii\ah'nt to a statement that the vessel had on board no i)asscn;i'ers or troops and no j;niis. The words '•ITS tons" dcnott! tlit^ rejj,istered tonnafi'e of the ship. It may be articulars should be yiven before the vessel sails ; it is complied with provided they be fur- nished within six days after she has ch'ared. I'icviously to the year 18(;7, no penalty was attached by law to tlio departure of a vessel for foreign i>orts without a clearance, provided she was in ballast and had on board no stores except such us were tVt'c or had paid duty. Since that date, however, clearance has been required in these as well as in other eases. A clearance may not be granted until the master of the ship lias declared the nation to which he aflirms that she belongs; and a siiii» attempting to jMoceed to sea without a clearance may be detained nntil such a declaration has been nuide. The ollieer, however, cannot (pit's- tion, or re(]uire proof of, the truth of the declaration. As to the desti- nation of ships sailing from the United Kingdom, the ollicers of customs have little or no means of ascertaining this beyond the intoi- nmtion which the nuister or owner gives on entering outward. It IVe- (piently haiipens that a vessel entered outward for a specified destina- tion changes her jourse when at sea and jiroceeds to a different destina- tion. There are no means of preventing this. The number of vessels clearing from ports of the United Kingdom in the course of the year is very great. In the year 1870 the nuiiilier of clearances granted was li(KJ,0;31 . Of these'13,214 were for vessels sailinj; from Liverpool and 17,0.'}7 for vessels sailing from London. On the 21id of March, l.S02,i the Oretosailed from Liverpool. Her master was James Alexander Diiguid, a master-mariner residing at Liverpool, and the person named in the above declaration. Her crew were hired, as appears from the articles signed by them, for a voyage from Liver- pool to Talermo, and thence, if required, to a port or i)orts in the Medi- terranean Sea or the West Indies, and back to a final port of discharge 1 Appeudix, vol. i, p. 161. 1 CA!ii: OF (ilMCAT hHlTAIN. ?M ill tlio ITiiitcil fvinydoni, tlic term not to cxcinl six nioiitlis. They were not enlisted in the service ot tlie ('ont'e''.eiiite Siiites; and it is eleai', 11(1111 wiiat siiliseqnently occuired at Nassan, that tli«'y Inid no intention whatever of enteiin;^' tliat seiviee, and had at the lime ol sailinj;' no kiiowledj^e or snspicion that the vessel was intended to \n'. emidoyed as a cenl'ech'rate ship ol' war. The snbjoined statements, made in the month ol" AnjinsI, 1S(»l', i'or the inlV.rnnition of tlie eommissioneis of customs and of Her Majesty's lidveriiment, by otlicers of the lic lift the river she had no warlike stores of any kind whatever (ni iioard. After she went into the river she was constantly watched by the tioaidin;;- ollicers, wild were directed to report to nu' whenever any jjoods were taken on lioard, tint, in iiplv to inv fr(U(in'nt inquiries, they stated nothing was )iut in th" ship Imt coals. (Siji'ned) KUWAIU) MOKCAN, ,V(uiTi/«r. Sltiliinviil of Mr. Ilcnyij I.Ioi/d. Ill e()nse(|iiciic(^ of instructions received from Mr. Morj;aii, surveyor, I, in conjunction with tile other three surveyors of the river. ke])t watch on the ])iMcee(liinj;s of the ves- velOivto from the time she left the Toxteth I)o(dv, on the 4tli March last, till the liay she sailed, the 'J">d of tht^ same month. On one occasion I was alongside of hei', :iii(l spoke to Mr. Parry, the pilot, and the chief mate. Neither I nor any of I lie other liver sill' veyors saw at any time any arms or warlike ammnnition <>f any kind taken oil hoard, and we arc perfectly satistied that none such was tal:en on lio.ud dmiiif; her >fay ill the river. (Siffned) IT. LI/)Y1J, fJxamin'nitj Officer, Slatrmciit oil oath of Mr. WiUUtm Parry. I was the ]tilot ill (diar^e of tlie ship Oreto when she left the Toxteth Dock on the tth March, IHii-J. I eontinn(>d on l)oar while in the river. (.Si!,rned) WM. PARRY. Sworn before me, at the custom-house, Liverpool, this 'iWd August, IHfi'ii. (Sij,'ned) S.PRICE I:DWARI)S, Collector. On the 2Glli March, 1802, Earl Russell received from Mr. Adams a iiotr dated the previous day, which contained the following- pas.sage : It i.s with ffieat ndnetance that I am drawn to the conviction that the r(>])resenta- tioiis made to ytiur lordship of the purposes and destination of that vescl were delu- sive ; and that, thoui^h at lirst it may have been intended for service in Sicily, yet that such an intention has loni;' bt^en aliandoned, in fact, and that the pretcMise lias lieeu held up only the better to conceal the true object of the parties enjiiiged. That "hjt'ct is to make war against the United States. All the persons thus far known to li 41 ''*. 'If''" ' Appendix, vol. i, p. 34. ahid., p. 4. 2S2 TRKATY or WASIIINOTpy. 4 4 m (, 1h« miisf ciiiiin'c'icil witli til'- midiTliikin;; arc cither difcctly I'lniiloyi'd liy llic insin-- {•ciits ul' till' I'li'lcd StiitcH (>r AiiiciicM di' rc-lockihlt'liy;ations in similar cases, and sneh it ddiihts not is that ol'ali lorcii;ii eations w ilh whii h it isat peace. It is Cor that reason I depiei;iii. till! inl'crciice I iiat may hcdrawn from the issue rcti>, and that fonr other officers for this vessel came over with tlieiii in tln' Chillis, '["lie ii.niies of three are Vouiiii,-, Low, and Mallit or .Motlit ; the fourth was called Kilily : the twolirst are lieutenants, and the two last-named midshipmen. Tln'y further state liuit these iif/iccis diiriii;;- the ioya,ij;n wore naval nnifonns; that tiny came on the Cliiids at a jdace called Sniithville, some twenty miles down the rivi'i' from Wilniineton ; that it was talked ahoiit and understood by all on hoard that tlicii' a.s.saii. I li;ivc, iVc, (Siened) TIIOJIAS H. DUDLEY. [(JO] *The above note was dated on the third day, and retieived (with its iiielosnre) on the fourth day, after the Oreto had put to sea. In answer to tho above note, Earl lin.ssell, on the 27thMarcli, ISUL', wrote to ^Ir. Adams as tollow.s: Earl liusnell lo Mr. Adams.'^ FoKKiG>f Oi'KiCE, March 27, 18()'2. Sir ; Upon recinvinj"; yonv letter of the 25th inataut, I immodiatidy directed that tlic treasury and customs department should be requested to take such steps as may lie necessary to ascertain wln^tlier the Oreto is equipped for the purpose of making war oil the United States, and, if that fact can be proved, to detain tlie ves.sel. 1 Ajipendix, vol. i, p. 6. CASE or GRKAT lilMTAIX. 2H?> Tlu' cliarj^o tliat iiciirlv nil tlir n siHtaiUM^ now oltlaiiinl (Voiii aliroatl 1>.\- llic iicinoiis ^lill III aniiH a;jaiiist tlir (invMiiiii. iit of tlic I'liitcfl Slates, ami wliicli malili's tlii'in to iDiitiiiai' Mic rolicy. Kiit it is, ;it tin' saiin liiiii', a (Inly not to iniiiish |iitso!1s on siispirion without any proof of thi'ii' i'\ il iiiti-nt. It is not thr cnstoiii of this i-itiintry to drpiivr any piMsoii of lilicrty or propnfy witii- 1111,1 I'viilt'iii't' of sonic olVciiHc. Ifsiich cviili'iiri' can he oUtaincil. tin' l.iws arc siitlicicnt \i) pri'Vi'iit the accoin]tlisliiiii'nt of their evil (lesiy;ns ay;aiiist fiicinlly nations. Ytiii have not yourself liilherto fiiniishcil nic with evidence that any vessel has veil a hostile or warlike e(|iiipiiient in Hritisli waters, which lias iiccn iifterwaid ii;;ainst. tht< United States. The care that was taken to prevent the warliko pMiciit of the Naslivillc III I>ritish waters must lie familiar to your recollect imi li'Ccl ll>i'l' illl With rcffiud to co-opciiition with the polic>- of the I'nited Stales in respect to the liliii'kailc, I must remind yon that (ireat Mrit,;in has ahstaiiicil, as far as possihie, from (oiiiplaints of the irreifiilarity of the lilock.nle which has lieeii institnteil. Iler MaJ- , sty's i;i)Vernnient have heeii inindfnl of the siiddeiiiiess of the danger with which the riiiftil Stales were tlirealciicd ; of the in;idei|iiacy "f the naval force then at the dis- hosal III' the j;(>verniiieiit ; and of the jjicat (iilliciilly of Idockadin;;' a coast of :i,(J(t(( null'! IJiit heyond forheiirance, and a liheral interpretation of tho law of nations in favor (if the I'liited States, Her Majesty's e;overiiiiient cannot <;o. If hy co-opcial ion will' till' policy of the I'liitcd Stales is nieaiit, either takiii"; part in the civil war stii' i;ii;iiii;. or imposing!; restraints on the (Queen's snlijects unknown to international law. I caiiiiiit undertake that Iler .Majesty's uoverninent will adopt eillier of those conrsL.s. It wdiilil h(^ an unheard of measure to prohihit merchanls from sciidin;:;' ••hips i sea ijotiiiiil to the soiitliern ]iorts. Shoiihl such ships attempt to violate the It, ■ wade, liilitiire and condemnaticm are tln^ ijro'x'r pi'iialty of siicli attempts; no aiilhorily can li!' found for any other. Kill while these attempts are made on the one side, the I'nitid States (iDVeiiini. nt liuvc willinely received iii 'he ranks of tlicii' army JJriti.sli siihjecis, who xiolnle the (^iii'i'ii's proclamation in order to serve aj;aiiist the confederates. Xay, the lav, of the I'liitcil States, liy which ]iar('iits can pi'cNcnt the enlistment of their sons, licint; iniiidis. has heeii set aside to the prejudice of ]?iitish snlijects, the fathers and mothers (if tliiiiij;litless lads of sixteen or seventeen years of ajje. Tlifse evils arc^, i»erha)is, inseparahle from the nnhappy contest now carried on in .Viiirrica. I can only trust it ma.v hav(.' a speedy termination, snitalile to the reimta- liiiii of the rnitcd States, and condncive to the future liai)pin('Msof till the iiilial)itaiits (if 11 cdiinlry so lately prosperous and united. I am, i\cc., (Sifrned) RUSSELL. Iiiforiiiiitioii that tlio Oroto Inid put to sea. liiul not at this time been received by Her Miijest.v\s o-ovoniuient. Oil tlie Sth April,' l.S(i2, Karl Uusscll sent to Mr. Adams the f'olhnv- iii^' report of iiitpiiries made respecting the Oreto by order of the coiii- inlssioiiers of ciistojus : ' CrsToM-iroi-sK, Api-il 4, 18G2. Your Iordshii)s liiivin' that your lordsIiii»s would instrnct this board to j;ive dirtictious tliat the Oreto iniffht he vigilantly watched, and that, if any ariuameut i)iohihited liy the foreign-eulistinent act should be discovered, the vessel might be at once dc- tiiiiicd. W leport — That, on the receipt of your lordship's Teferonce, wo directed our collector at Liver- pool iiimiediately to inquire into the further allegations made in regard to the C'sto, and to govern him.self in accordance with the instructions contained in Mr. Haiu- moiid's letter, and, having reeidved the report of the collector. Wi; tiiiil that the ves- sel iiiipicst ion wjis registered on the IJd ultimo, in the name of . John Henry Thomas, tit Liverpool, as sole owner ; that she cleared on the following day for Palermo ' .^Itpendix, vol. i, p. 7. MA '■•..'ril im ■ ''4 » W 4 i 284 TREATY OF WASHINGTON. anil Mam.iicii in luilliist, l»nt tliil nut sail ti'itil the. 'iid, Mm day on wiiidi tli,. Anicrii-aii c^nsMl's lofttir is owl iiilriiii,Ml to form any i)oilion of the erew of the Oreto, inasmuch astln'y \v<'re still in Li\er|MMil, and that the dippinyj of the, (Misie;ii on board tins latter vessel on the ai'rival of the, Annio (!hilds, as far as tho coll(;ctor had huen onahhsd to ascurtaiii, was iutende(l us u complinuMit to ime of the Cniiard steamers and aiuither vessel wliicli saluted the Viinie Child.s on hi'r arrival, the masters of tliu several vesscds heiiifj; known to one iin I'licr. (Signed) TIIO. F. FUKMANTl.K. OKENVILI.E C. i.. HEKKl.LKV. This ivport, was accompiiniod by a coi)y of the sliip's victiialiii;^-])!!! On the 28th April, 1802, the Oreto arrived at Nassau, as appears by the subjoined entry in the books of the revenue department of tlie (;()l(iiiy of the IJahaiuas:' Inwards. (No. 4H.) In the IJrilish steamer Oreto, Duguid, master, from Liverpool; 178 tons; \'i I'cet; 'i'i null. liallast. Nassau, A'cir /VorirffiiKr, . 4 ^>n7 28, 1802. On the L'DMi April she (piitted the ])art of tlie harbor which is adjiiceiit to the town of Nassau, and proceeded to Coehrane's Anchorajjje, it stiilioii distant from the town about fifteen miles, measuring by the eoiiisc usually taken by vessels of heavy drau<>ht. It was stated that this was done on (he advice of the i)ilot, and for the retison that tiiere was not room for her in the harbor. On the l>th IMity, 1802, the }>overnor of tlie Hahamas received from ]Mr. Wliiting', Uniteute to your exci'llency's hi^^li character when I express my tirm belief tiiat no illejjal steps will b;* allowed to those who seek to subvert tUo Government which I luivc the honor to represent. I am, Ac, (Sij-ned) • SAML. WHITING, United Statcft Coiixid. Mr. Whitiiiji^ was on the same day informed in answer by the colonial secretary that the «»overnor would cause inquiries to be made into the circumstances alleged in his (Mr. Whiting's) letter. The letter was at the same time referred, by orclerof the governor, to the attorney-general of the colony, who reported as follows :' ' Axtpcmlix, vol. i, p. 58. •i Ibid., p. 14. "IbuL.p. 15. CASE OF ORKAT BRITAIN. 28.') AssMiiiiiif; tlif )':ir;f() of the l''iumy Lewis to lu-sucli as is st.-iti-il by the Tiiifi'il States (■(iiisnl. it is ii('V4'rtli('l('ss()iit' lliiit can bt; Icj^ally iinportcd licrt! tVoiii tin- I'liiti-il Kiiij^- (1(1111. anil its future ]iri'sniii('(l ilestinatiDii docs not invcs^ it with any <'Iiaractcr of illfi;alily wiiicli calls for or would aiitliori/c any action with ifspcct to it on the imrt (if till' exeeii tive or other aiilhorities of the colo.iies. '>. Witii ris|»cct to theOreto the eonsiirs allef^ation is to the cIVcct that it is lu-lieveil iinil ii'iiiirtcd hy many resiih'iits here, that slie is heinj; ]tie|paicd and litted out where slu'iidw lies, at (;oii.i,i>()fi, Xaxioni, Miiji 'if*, IHtl-i. Siu; Several steamers having anchoreil at Cochrane's Anchoia;>e. 1 snit an ollicer u'hli'iiiay to visit them and muster their crews, iindasi'crtain what tiny were and how ciiililovi'd. The ollicer rejiorts that one steamer, the Oreto, is apparently fittiii;^ and jncparinj; lor a Vessel of war; niider these circiimstanees I would sii^jrest that she slnniid come into the harbor of Na.ssiiii to prevent any misunderstandin<; as to her ei(iiipi)iii!j;- in this |ioi't, contrary to the forei^n-eiilistmeiit act, as a privateer or war vessel. I am, iVe., (Si}>ned) H. I". M< KIM.OP. No liicts were fiuiiislied by Commander ^leKillop in siippoi I ui' the stiitciiieiit thiir, the Oreto was "apparently Jittiiij;' and i)repariii;i lor a vt's.scl of war." On receiviiij;- this eoinniunieation the f;()\ eriHU- re(piested Coinmander jSteKillop to take snch steps as he n)i}»ht think l)est for iise('itainiii,tj the true charaeter of tlie Oreto and the nature of ii'-retpiip- iiit'iit: and if he should be eonvintted tiiat slie was really a man-of-war nr itiivateer arinin;.;" her.self there, to concert nieasnres for brinjiiii"' her down into rhe ]»art of the harbor tuljacent to tin; town, or else to rt'inove lii.sown ship to Cochrane's Anchorage and there watch her proceedings from day to day. Kiiily in the month of June, 1S(>2, tin; consignees of the vessel, who wt'ic a mercantile firm at Nas.sau, ai)j)lied to the receiver ocncial (the proper ollitter for that purpose) for permission to load her for an outward voyiige to Saint .John's, New IJrunswick. llcr Majesty's governmc'iit is inlbrnied and l»elieves that during the bloi'kade «)f the Confederate States it was a common i»ractice for ships leaving the ])ort of Nas.sitii, with the intention of endeavoring to run tlu'ir ciiigoi's into the blockaded ports, to clear tor kSjiint .lohiTs, ^'cw IjiiiiKswick, and many of them took in tlieir outward cargoes at the aiulidiages adjiiceut to the harbor of Nassau. In the aj>i>lication itself, tliei'cfore, there was nothing peculiar; btit in conse(juence of the suspi- cions which had arisen about the ship, the reciuver-general, iieforc grant- ing the usiud permission to load, referred the matter to the governor, iiiitl it was brought by him before the e;.ecutive council of tin* colony on the 4th June, 1802, when the following; order was ntade :-' Jink 4, 18(52. .\t an pxeciitivci council liis excellency the {fovernor, with the advice of the board, Wiin pleased to make tin? following order: " 1. That the Oreto, if practicable, should take in her carj^o within the port of Nassau. "2. That if, however, it be fouud iniprncticuble, from the depth of water in port or Appendix, vol. i, p. 16. » Ibid., pp. lU, 53. \W' 286 TREATY OF WASHINGTON. otherwise, that slio cannot conveniently take in her carjjo within the port, then tliat she be perniitttid to do so at Cochrane's Anchoia^je, iiniler tlie direct supervision oi olilicera of tin; revenue department to be specially appoiuted f.>r the piu|» »se. " 3. That in conse»ineiiee of the suspicions which iiave arisen respeetinj^ tlie eliaracii-r of the Oreto, it is aeriod to bi- tlcsi;;. iiated by the chief oflieer of the revenue department." His excudlency was furtluir pleased to direct that a copy of the fore^oin;; order be furnished to the receiver-general and treasurer, and the commander of Her Majisty's ship Bulldog, respectively, for tlieir information and guidance. On the same 4tli June, 1802, the United States consul sent to the governor the subjoined letter aud inclosure:' I'nitki) Statks Coxsii.Ari,. Xtixxiiii, yciv I'roi'ulvtirf, Jiiin4. If^li-J. Siu: I have the honor to inform your excellency that 1 am in receipt of a coinniiuii- cation from one of tlie crew (in prison here) of the steamer On-to, now lying at Cot^hrane's Anchorage, a copy of wliich I in<'lose. May I rcfiuest your excellency to inform me if any steps have bi't-n taken by tin- colonial governuKMit to as(M'rtain tin,' true character of the Oreto, the service for w hieli she is intended, and if her longer stay at Cociiraue's Anchorage, umler all tiie circinii- stances disclosed, is in accordance with Her Majesty's late m-utrality proclainatiou. I am, &(',., (Signed) SAML. WHITINCJ, [63] * [Inclosure.] Mr. Jones to Mr. Whitliuj. N.vss.vf Phison, June 4. iSii. Sih: Tin; ship I am from is the Oreto, built by W. C. Miller, in Liverpool, aftir tiie model of the. English navy gnu-boats, with magazine, shot-lockers, ports, ami bolts for twenty guns. Everything is rigged and reatly for mou *ing; even all the articles necessary for seamen, such as hiiunnocks, bedding, kettles, and pans, with three years' provisions. In short, she is ;> pcrfcist nuin-of-war. Captain,. lames Duguid: chief olii- cer, William Duggin; second oiT'cer, Hudson; I, sir, was third otticer and boat- swain. The chief steward and purser, who refu.sed duty, aie in jail here. Yours, &.C., (Sigiu'd) ' EDW'D JOXKS. The counsel renewed his representations on the 12th June.^ In con fori:, ity with tlui above resohitions of the exeiuitive council, the coinnian(Un' of tlie IJulhlo^jf proceetled to Cochrane's Anchora<;e, put one of his ollicers in diar^e of the Oreto, and phu'.ed his own ship near lier. On the 7th flnne slie was I'enioved by tlie consif>"nees to the part of tiie harbor ('h>se to Nassau. On the Stli June, 1802, the gfovernor received froni ConiinaudtT McKiHop a h'tter dated the 0th,' reportiu"' that he had visited aud e\- HuiintHl tlie Oreto; that she was titted for war luirpose.s, and had fittings at variance with the character of a nierchant-ves.scl, but had on boaid no guns or aniinunition. On the J)th June the consignees bi^gan to load the vessel with caijro, part of which consisted of arms and ammunition, including some boxes of shells. On the morning of the lOth, however, the cargo which liiul been put on board was discharged, the consigm^es having obtained leave to land it, and to clear the vessel in ballast for the Havana. Commander Mclvillop (piitted Nassau on the Uth June, and was suc- ceeded, as senior naval ofticer at the i)ort, by ComniUntler llickley, ot 'Appendix, vol. i, p. 11). Mbid., p.ai. 'Ibid., p. 20. CASE OF GREAT IJRITAIX 287 Her Majesty's sliip flioyhouiid. On the lOth June, Conmiiinder Iliekley went on hoiinl tlie Oieto, but, bein};' inlbi ined that she had cU'ared lor the Havana in balhist, and was to sail shortly, forbore at that time to ex- amine ner. On the loth he again went on board of her, and -sent in a report to the governor, which was ars follows:' GuKViioixij, Nassau, Nkw I'kovidkm k, .Jialitimflu, June i:?, 18C2. Sue On ;i<)in}i on board the Oreto this Mioniiiii;', tlir captain infornioil nn^ tliat tiie (lew iiail ri'fnst'd to )j;t't the anciior nj) until tlicy could he «•( rtain as to w Ihtc the shi]» was ;ir her owu ii|nii>nient, and I have the honor to make the following report : That the Oreto is in tnery resiiect lifted as a man-of-war, on the principle of the dis- liateii ;inn-vessels in Her Majesty's naval service. Tiiat she has a crew oflifty men, ami is capalde of carryin;; two pivot-jrnns amidships anil lour broadside, both forward and aft, the jiorts being made to " shiji and nnship.'' jKirt bars, brceidiinjj;, side tackle, bolts, &v. That slie has shell-rooms, ii nniga/ine and light-rooms, and •'handinLT-seuttles" for liaiiiling powder out of the magazine, as litteil in the naval service, and .•^hot-boxes, for Armstrong shot, or short similar to them. Ifonnd the iipjier deck she has live boats, (I s!iiiiil(l say,) a ten-oared cutter, an eight-oared cutter, two gigs, and a Jully-lioat, and davits for hoisting them u\> — her accommodation being in no respect ditfeieiit from ber >iiiiilar d.ass of vessel in the royal mival service. Anil on m\' asking the ca|)tain of the Oieto, liet'ore my own oltlcers and three of his iiwii. whether she had left, Liverpoid lifted in all respe-cts us she was at jirex'nt , his answer was, •' Ves, in all respects," and ••that no adilition or alteration had bi-en made whatever." In witness of this ri-port, and ready to testify to its correctness, we. the tiudersigned, aliix our names. (fSigued) H. D. HICKI.EY, CommaiKhi: JNO. L. (JILHY, Liinteiiaiit. V. S. CAKDALE, Liciihiutiit. U. ]{. .^Tl'ART, MaxUr. 1'. <). M. VUKSiillWE. AHiiitunt Puymasia: E. li. (ilDLEV, Cuinur. * E. EDWAWDS, Carpi liter. W. ]U)^KUAA, (hiniur^ Mate. JOHN LEWAN, •Siamaii (iniiinr. The attornoy-general of the colony, being called upon to advise the ;.;()verii(»r upon this report, gave his oi)inion that it would not justify the detention of the vessel. [•14] *On the l.")th June some of the crew of the Oreto came on board the (Ireyhound and stated lo Commaiuler Ilickley that they Inul left the ()ret(> becau.se they were not able to ascertain her destination, iHid tliat she was endeavoring to shi[) another crew. Commander Uickley thereupon seized the vessel, but, on the nnn-ning of the 17th, released her, the attorney-general being still of opinion that there was not evidence sufficient to justify a seizure. Notwithstiinding this opinion, however, the .seizure was forthwith (mimely, on the morning of the 17th June) renewed, with the sanction of the governor, that olli(!er Iioldiiig that, after the sttitements which had been made to him i)y i'uni- iiiander Ilickley. it was right and proi)er to submit the case to judicial investigation. The .sanction of tlie gi>verin)r was given on tiie 1 7th •bine,and proceedings were, by his direction, forthwith instituted in the vice admiralty court of the colony (whicli was ami is the court having by law juri.sdiction in matters of this nature) for the condemnation of tlie vessel. On the trial of the case, the following witnesses were examined on behalf of the Crown: ' Appendix, vul. i, p. 'Xi, 288 TREATY OF WxVSIIINGTON. i* i-il Wynii Fcly .laiiics r)iift}jiin, chief orticer of the Oi'eto. \Villiimi I'oitcr. seiimaii of Divto. Putcr Hiiisoii, sfiimaii of f)ii'to. Chillies \\ iiitl, stfWiinl of Oiclo. Walt< r Iiviii;:;, fireman of On-to. John (,>ninii, lii'eniaii of Oi'eto. Thomas li'ohinson, fireman of On'to. Daniel llamy, eoal-trinnner ol Oreto. Comiiiaader lliekley, of jler Majesty's ship firoyhonnd. TlioiiKis .loseph waters, a master marine!' in the merehant-serviee. Lienleiiant Canlale, royal navy. iiay lieanfoy .Stuart, master and pilot of Her Majesty's ship Ureyliound. OiK^ of tlio lifm of iiii'i'cliaiit.s who wore t'oiisio-ncos of tho vessel at Nassau, tlic iiiastci" uiuUt wlioiii she luul made Iut otitwanl voyage, iiiid otlier witnesses, were examined for the defense. Tlie eoiisi,!»nee, in the course of his e\ idenee, nwide the following statements on oatli :' We (meaninj;- Ills lirm) had tin' soht direetion and nnina' cargoes liy all tlieir vessels to Messrs. \V. and K. Wriju'lit, Saint John's, New liniiis- wick, on iU'coniit and risk of J. 1'. Armstronj;', of Liveriioid. Mr. .John J.owe. 1 tliiiili, hronjiht a 1. tterof introduction from Mr. Trenholm to the 'ini. I do not know wlu'tlicr Mr. Lowe was in any way interested in the Oreto. I do not reciuieet Mr. Lowe luiii^' mentidiied in any corresiiondeiice which we i'eceiv<'d from fraser, Trenholni A. t'o. We never had any transactions with Mr. Lowe in rejrard to the Oreto. She reiiuiiiicd her<' several weeks hefore any attempt was made to ship earj!;o in h(>r. We iliouijlii we siidiild receive some instrnetions from our friends ahoiil lier, hut we did not. Tin shipiiinjj,' of tliecaro'oon lioard the Oreto was perlormed hy ns under our j;eiii nilin- siinetions. 1 am not prepared to say whether the vessel was actually John's. New Ihunswiek. iOlllii' to SmK! The master, Jauies Alexander ])iiyiiid, gave evidence as follows:' I am master of the Oreto. * » * TIumiwium' of the Oreto, I helieve, is nanuMl Mi. Thomas. 1 look my instrnetions from Fawcett, Preston ».\: Co., the aj^ents. * * 1 arrived here at the latter end of April. 1 went to Codirane's Anehorat^e, and coiiiiim- nieated with II. Adderly «S: Co. as the agents uf tlie vessel representinj; my owners ir Knj;laiid. 1 had no instructions, when leavin<;' England, who the a;;ents of the vcssf! Avere ; hut, 0. CASE OF ORFAT BRITAIN. 289 Ann!i'ic!i. I have no kiiowledjje wlictlier tht^ vnssi>l was to roturn to Eiiiope or not ; I liiivc no knowh^lfjo one way or Mio other. I have, no kiiowh>clj;t'. whatever that Hho liiul b(M'ii sohl or iij^reeil to hi; sokl to any persons in the Confederate .States. With respect to the crew of the ve.s.sel, the cousiguee gave evidence iis follows:' W(^ liinl some diffienlty with the crew. Tliey set n]) a plea that the vessel not liav- iiicv toiiclied at Faiermo, there had been a deviation ot" the voyiijje, and therefor*! they claimed their di^if-diarf^e. We deninrred to this, hut afterward ajiieed to pay them their wMiji's up to date, and ;j;ive them a hoinis of £•"> and i)ay their jtassaKe to Kiij^land it'tluy wonhl not remain in the sliip. This they refused to aecept, statiiifj; tliat, from llic several visits of the otlieers of the man-of-war on hoard the vessel, they e(»i)sidered sill' was of a siispieioMH eharaeter, and that they would not <;o in her unless tlie gov- iinoriiiid (Japtaiu Iliekley j^narantecd their safety. iSome aeeepted the terms that were (ilf'iieil. In conseqiiente of this they were summoned hefore the ])oliee ma;ristrate, and tilt' case was broiij^ht under his adjudieation. They eleeted to take tiu^ir diseharj;*;. 1 was jiresent at the time t!iey then and thcn^ a-master to ship another (irew for till! OiTto. I think there were fifteen or sixteen new hands then shipped. They riceivcd the usual advance. It was our intention to send her immediately to sea. I iiad anaufjed with the pilot to take her out tht! followinjx morninff, (Sunday;) they, however, missed tin; title, the erew not haviufj eonie on hoard. Tlie vessel was ajjaiii siizid that day. The crew we shipped then h^l't the Oreto. I have not setm thom fcod to ii|iiip, fnrnish, and tit her out as a vessel of war; Jiliy. That such attempt was made with the intent that she should be employed iu thi' Mivice of the Confederated States of America ; and, '•'My. That such service was to cruise and coaimit hostilities aj^ainst the eitizeuH of tin; I'liited States of America. Witnesses have aecordinj;ly lii-en prodmsed to prova tliiittlK! Oieto is constructed fi . . '. titted as a war-vessel; that acts have been done ill hor, since she came to Nassau, wiiieh constitute an attemitt to etpiip, tit, and arm liirasa vessel of war; rhatfiom certain conversations which were overheard between till' Miii.stir of the vessel and a person wli<» came out jtasstMiger iu hei', and from certain ii'tudime by this person, there is proof tliat she was intended for the service of the I'lnt'i'dcrated States of America, and to cruise a<;ainst the citizens of the United States. After recapitulating the substance of the evidence, he said :* 1 iii^ question now to be decided is, whether, upon a (iareful consitleratioii of the evi- dence, there appears proof, fir circumstantial evidence amoiiutiujj to reaMonabiu [WJ proof, tliat a violation of the provis*ions of the foreij^u-eulistment act has boeu c'lnmiitted by the parties h^viii;; charge of the Oreto. First, by attempting, by my act dime since she came into {(his colony, to lit or eipiip the Oreto as a vesstd of war. ■^'•I'lMidl^ . by making sueh attempt for the purpose of fitting and e(piii»ping her as a U'ssel of war for the service of the Confederated States of America, to cruise and com- ' Appendi.v, vol. i, p. 'Ibid., p. ay. 'Ibid., p. IDA ). 4(). - Ibid., p. 49. * Ibid., p. 5U. 290 TREATY OF WASHIN(JTON. luit li()8tilities aj^uinst the citizens of the rnitcd States of AiiKU-icii. I havo iilr('a(l\ Haiti that wliat took phico hi-foro tho vessisl caiiii! here viui only he leccivod as cliK'idiJ. tory or explanatory of what has occurred since that time. Two lin^ts have heeii iirovcd. both of which, it has l»ee' her with the Con federate States, as a vessel to be used in their service to cruise against the United States, was " slight.'" It rests entirely on her connection with a gentleman named liowe, who eanie out \)i[>- senger in her, and some evideiK'.e has been giv(Mi from which it may !i would not have been an infring<'nii'nt of the act under which she is lil)eled. Hut tin' evideiu'c. connecting tlu? Oieto with the ("onfederated States restsalmost entirely on t]\r evidcince of tin; steward, Ward, whose testimony I have already (ixplained my rcnson^ for receiving with nnich doubt. , The Judge, therefore, made a decree for the restoration of the vessel to the master, claiming on behalf of the alleged owner, John Ilenn Thomas — Under all tho eircumstiinees of the case, I do not feel that I should be justified in , condemning th(i Oreto. She will, therefore, be restored. With respect to costs, although I am of opinion that there is not snftieient evidem ■ of ilh'gal conduct to condtunn the vessel, yet I think all the circumstanc(!s of theciiM' taken together seem suHicient to justify strong suspicion that an attemi)t was beini; made to infringe that neutrality so wisely determined upon by Her Majesty's govern- ment. It is the duty of the oHicers of Her Majesty's navy to ))rev<;nt, as iar as iniiy 1"' in thi'ir power, any such infringement of the neutrality. I think that Captain llick- ley had prima /ae/e grounds for seizing the Oreto; and I, therefore, decree that ciuli l)arty pay his own costs. The assumption, on whicli the judge appears to have proceeded, tliiit evidence of acts ort aii caittaiii of the I'rinco Alfred, or others who may have been guilty of violating tlit; foreigu-enlistnient act. Hut his excellency has no authority to take any steps against tho Oreto, which is out of his excellency's jurisdiction. I have, &c., (Signed) C. R. NESHITT, Colonial Svcrdary. GS] *Xo evidence whatever in support of the allegations of the con sul appears to have been furnished by him, and no facts wore produced on which a prosecution could be founded. The subsecpient history of the Florida, so far as it is known to Ihi Majesty's government from official reports and other sources, iis as follows : On the 25th January, 18(»3, the Florida came into the harbor of Nas sau, where she renuiined twenty-six hours ; and on the 24th February she put in at Barbados, where she remained about two days, (being detained for twenty-four hours at the request of the United States con sul, in order to allow time for the sailing of a United States merchant vessel then in the harbor.) Each of these colonies had been repeatcdh visited by United States shii)s of war. It was alleged that in each oi them some advantage or indulgence which United States vessels bad not enjoyed had been granted to the Florida. But it was shown by the governors of those colonies that this assertion was entirely erronc (HIS, and that no advantage was conceded to the Florida which had not been before granted to cruisers of the United State; . It appeared, liow- ever, that both the United States ship Sa" Jacinto and the confederate ship Florida had been permitted to obtain coal at Barbados within a less tinje than three months after they had respectively coaled at anotlier British colony, the commander of each vessel having alleged that his supply of coal had been exhausted by stress of weather. In consequence of this the following dispatch was addressed by Her Majesty's secretary of state for the colonies to the governor of Barbados ; and instrnctions, substantially to the same effect, were sent to the governors of the other British colonies in the West Indies :^ 'Appendix, vol. i, p. 87. ^ Ibid., p. 102. CASE OF UIIEAT BRITAIN. 293 DowNiNO Strket, Julji If), 1863. Sik: I lifivc r«(!eivo(l iintl liad nn(l«?r my consideration your (lispatoli of tlio 7th Marili, Ki^''"K "" iiccouiit of certain cotnninnind ■iiipjily in the same or another colony, the aj)])lication nniy ho fi;rantcd if it is made to appear tiiat, owinjj to real necessities arisin;>; from stress of weather, the coal orij^inally iiveii lias been prematurely exh;insted befor«! it< was jiossible that the vessel could, under existinji circumstances, havt; reachi-d the destination for which she coaled. lint if it shonid be the case that the vessel has not, since taking in coal, been hoiin /ii'((ieeupied in seekinjj her allej^ed destination, but has consnnu'd In-r fuel in <'rnisinj;, theeiial should not be replenished under the terms of the proclamation. Sui;h a. case is not one to which " special permission" referred to in that proclamation was intended ti> apply. Her .Majesty's government are of opinion tliat the ref^ulations of the proclama- tion thus iMter[)retcd shonid be strictly adhered to without any arbitrary concession tiiiithcr bellin-i^ient. It is by such a cotirso that misunderstanding's and comi)laints »(■ jiartialily will be most certainly avoided. An nnanthorized concession to one bel- ii),'ereiit. it i.ii'y be safely assumed, will not be acct^pted by those to whom it is made asa jnstitication of a similar concession in an opposite, direction. I approve of your havinij coiiununicatcd to the olKicers administerinn; the {rovern- iniiit of the other West Indian islands the fact that certain Federal and confeder.ite vessels of war had calhid at Barbados. I shall instruct the }>overnors of the other islands to follow the same course, com - iiiiiuieatiim; in all cases the name of the vessel, its allej^ed destination, and the date ot neeiviiij;: the coal, and the ,v the authorities; that he could not agree with the consul in regard- ing the Florida as piratical, and could not admit his protest. Ou the 16th July, 1803, the Florida came into the port of St. George's, Bermuda, her commander having previously applied for and obtained leave to enter for the purpose of procuring coals and making necessary repairs. Being unable to obtain coal from private persons, Captain WW 2!U TKKATY OF WASHINGTON. M Miiflit requested to he allowed to purcliaae some from the Governmont .stores, and he recpiested also that peniiissioii ii)i{>lit he <;iveii liim to have his ship repaired in the jjoverninent doek-yard. Thes(^ requests were refused, as appears from tlie following;' correspon«lenee:' Mr. U'alkir to (ioventor Ord. Saint Giooitiiii's, JnJti IH, imx SiH : At llio rccniost of ('Mptaiii Malilt, comiimndinj? Coiifcdcratf^ States stcaiiur (■'loiiila, I Iiavn tlio lionor to iDforni your oxct'llciicy that, on lii.s apitlicaticii at tin (lock-yard this iiifniiiiiK lor loals, lu^ was inl'oriiicd liy (Japtaiii Glass*; that, iiikIit lii> Iti'f.st'nt iiistnictiouH, \\v did not feel jiiithoiiztsd to furnish the Florida with tin- Mimll Hiiioiint oven whii-h Captain Matlit nM|nir<-<1. Ah tlio Florida must tliert'forn of neceHsity be detained at tliis port as a vessel in distn^Hs until the arrival of coals which are -ate Stato steamer of war Florida beiuf^ ett'ected in Her Majesty's dock-yard. In 'makinjj this communication I have to express a hope that Captain Matlit may yet find it in his power to obtain for his ves.scl such supplies of coal and such uoetwarv repairs as will enable her to proceed without delay to her destination, but I nuist at the same time point out that Her Majesty's instructions (with a copy of which Cajitaiii Matlit was sui)plie in coin immediutely, or of having them returned iu kind, within two or tlint' weeks, at any point in the island which may be indicated. I have, &c., (Signed) NORMAN STEWART WALKER. ' Appendix, vol. i, p. 109. CA8E OF (JUKAT HRITAIN. (loronior fhd lo Mr. IVafkct'. 21)5 Slit: I hiivo t\w Iionur U> iickmnvlcdjfi^ tlic ri'i'i'i|it nf your li'ttcv ol' lliis divy's troopM. I liavc, Ae., (Si^rnod) II. ST. (iEOIUiK OKI). ColoiiCil Mmiro roliiscd to allow coiil to bo, supplied to the b^loiida I'rom tl)e roiiimissafiat dcpai'tint'iit. She siibsciiiiciitly obtaiiii'd .soaic tVoiii a vessel which anivt'd at the colony (Voiii Halifax. The coiniiiaiidaiit of the fort at IJenntida had, on the arrival of th(^ Florida there, (joiistMited to ex<'haii}>'e salutes with her. This at^t was (lisapiti'oved by Iltu- Majesty's ;'()veniinent tor the reason that, whiU< (ireat liritain had reei)j;iiized the Confederate States as a bellijjerent, slie had not reeoynized those States as independent or their ii slm a^iiin left iSicst, and c'l'iiiHi'il (itrciii rlioiii;; nnlil, as I am inrornicil, licr coinnianilcr aHt'crtaiiicd tlmt till! cont'cili rat)> vcshcI (icorfriu, tlit'O ifpairin;; at tluit |>oi't, would not lir iiiiil.v loi Mra for home time; wlnTriipon tlx^ Kcai'.sai'g«i returned to KreNt Kay, and anclidtcil tliero on the lltliof tlie Name niontli. Mean\>liile the Kloiidn liad eompleted lier repairH in tlie doel<-,vaid, and alhi. [71] waid to(dv mooiiiii>.s 'in tiie merclniiit harbor of Urest, wlieie hIh' was slowK refitted. On tin- '^7tli of Heeenilier siie wa.s moved to the roadstead, and tlicic unciiored witliin a halt' a mile ot the Kearnai;;!'. At hairpast I o'eloek on (he afternoon of tlie **"Jth of Deeemlier the Kearsarj;'' a;;;ihi left Itrest lor an unknown destination. It a|i|iearH that some of liii^ nieehanisni of the more heavy ;:iins of the Fjoriilii liiul never lieeii re;;uiated ; and her eoniniander desiring; to have this done, an a|i|iliiMtj(i|| vfUH made to the port admiral for permissicm to land the <;iins tor that jinrpose, ixit tlijs was at onei; and ]iositividy refused, on the ^rionnd that siieli jin act mi;r||t lie iiiicr. preted as an e(|nivaleiit to allowin;;' a re-enforeeinent of arms. Hut, it ajiiiears, her small-arms were allowed to he landed, in order to herepaind liy a frnn-maker of Mrest, named Koek. 'I'liis permission was granted on the a^rnt. \\. Anmaitre, ^iviii^ a };narantee to the autlunities of the eiistom-houNo that they slioiild hv reshipped on lioard the Florida. No arms or ammunition were furnished to the Florida, while liere. 'I'linuifili M. Anmaitre, the aj^ent, I have aseertained that thirty-five seamen cliiinicil and ohtained their disehar;;;!- fnuii the Florida here; that they were, iii parr, leiilaceil by others, eliielly natives of r>el};ium, (iermany, Italy, and .Southern Austria, liioii;;lii to Hrest by railway direet from I'aris, in numbers never exeeediii};' four at a time, ;iii(l tliat they were (|nietly sent on board in similar niimliers. The Fedeial eoivette Kearsarf{e re-appeared in J?rest waters on tht^ ^id t\i' .laiiiiiiiv, lH(i4, and after steamiiij;- about tlii^ bay to within a mile of tlio town, a^^ain proircdiij to HfH. The eonfederate cruiser Florida, beiiiff ready for sea. left Hre.st between!) and III o'clock on tilt! evening; id' thi! lUh of February, 1H()4. in chariie of a pilot, and at a dis- tiiiice of about thirty miles fidni this ]iort iia.^'.'^ed tliioii^h the dan;;erons ]ijissa;;e Dii Hsi/, inside the Saints, landin>; the pilot at Andierne. On the If^tli of I'ebriiary the Kearsar<;e, eiuniiifj; from Cadiz, re-aiiitoared in \Uv>\ lioads ; but her commander, ilndin^ that the Florida had left, departed the followiii;: i\ny for an unknown destination. Dnrin;j the stay of these two ships of war in the port of Brest the French slii])-of thc- line Louis Xl\' was placiMl in a jiositimi to wati-h their movements, the comiiianiliii^i ollicer haviiifj orders, in the event of one of thesi; vesstds quitting tlii^ por*, to prevent 1 hi' other from leavini;' until after the expiiatioii of twenty-four hours. I am inlbrmed that tlK^ a^ent, M. Anmaitre, paid tim authorities of the do(d(-yiird lor repairs to the Florida i;{.'),()()() frames, and that thu total sum tixiiendeil on her lieie ex- ceeded :U)l(,(*U() francs, which amounts were later rt!-imbur.sed by Mr. Taylor, the piiy- inaster of the ship. The Florida, on her arrival at Brest, was commanded by Cai>tain Mafiit, who was later replaceerton, then acting' consul, the day before I took clnujie of the consulate, he had already collec^tt-d valnalde iul'nr- niation on the siibjeet to which it riders, and I am, theiefore, indebted to him for a \m- turn of tliat furnished in the present dispati h. 1 would, however, add that bMiiic availinij my.self of such information I had it veritied by persons competent to do so. U\\{\ II («i{j;ned) HAKKY KAINALS. Tlie United States minister at Paris, Mr. Dayton, addressed .several remonstrances to the French j>overnment against the facilities attbnU'il at lirest to the Florida, but without success. An account of these re- monstrances and the answers given to them was furnished by liiiii to his Government, and is contained in the following extracts Iroin bi.s dispatches, published by order of the Goverument of the United States : I have this day sent out a note to the minister informing him that I had lenriieil that the Florida had come into Brest, not for repairs of nnichinery only, but for coal, which had been denied to her at Bermuda, from which port she had come. The tact JH that, as she is a good 8ailing-v«;ssel, aud bus crossed the Atlantic, as I believe, priu CASK OI-' (JHKAT lUMTAlN. 2!I7 (•i|nill,v 'vv tliiit nicftiiH, iicitlicr coal nor nmoliitu'vy is ncicHsary to Ikt Niifcfy, nlllKUiKli it^liriil ciiiivfiiiotici', doiilitli'Ns. ill ciiuiiiiii^ iuT lo picy iipiiii our ('(iiniiH'i'rr. Il iiia.v vM'ii Im> lioiilttrd wiii'ilii'i- tliif niii- which iiiiiils aiil in niicIi < iiscm to wliat is rallcil lor liv iitTcsHity and hiiiiiaiiily ai)|ilii-N at all to her case. -(Mv. Itdi/lon to Mr. Siininl, 'i'tth Aiijiiist, i-t;:(.) I hiivc t(i-(lay had a coiivcr.Hatioii with M. Didiiyii dr LImivh upon the siil.Jrct. lit- Miivs tliry ai'o Miiii'h aniioyfd that thr I'Morida Hlioiild liasr coiiir into a I'mirh p(M't. Hilt, liMviiiji; n'('o;j;iii/('il tlii' South as liclliifcn'iits, they fan only deal with llu' vessel ;is llii'V would deal with out' of our ships of war under like eireiinistanees. They will ni\i' III r .so iiiiieli aid as may he essential to her iia\ i^ration. thoii^h they will not pro- vide liiT with anything; I'or war. I slated that .she Was a ;;ood sailer, and really needed iMitiiiii;; in the shape ot' rep.'iirs to niaehiiiery, iVc, to eiialile her to navigate, lie said that it' sliii were deprived of her iiiiiehinery she would he /»/•(» IiiiiId disaMed, erip|ded, ami iialiii', like a dn;-ed after she came iiitd Hiest were dLscIiarfjed because the iieriod for wliicdi they had shi])])ed jiad expired. ill' said, furthermore, that it was reported to him that the Kearsarj^e had likewise ap- jilii'il fur .some sailors and ii pilot in that port, as wcdl as for coal and leave to maki^ rtjiairs, all of whicli had been and would be, if more were ueodetl, fheerfiilly jjriintcd. I tdlil him I was quite ooutident the Kearsar^t had made no attempt to sliijt a crew tliirc, and that, as respects a pilot, that stood on ' mi On the 13th April, 1864, the Florida touohed at Bennn(ljj,bnt roniaiiuMl only a very short time, anchoriiicf on the afternoon of that day and put tinpf to sea the same evening". On the IHth June, 1804, slie ajjaui arrived at Bermuda, and obtained permission to remain during tive days tor the purpose of makin<;' ncccs Siiry repairs. The circumstanees wiiich occurred, and the (loiirsc ])in sued by the authorities at Hermuda, are set forth in the subjoined dispateli from the aetinj? governor:' BicitMUDA, July 7, H(j|. 8iu : I liavo tlio lioiior to report the t()l!owiii States steamer Florida, (jii Saturday, the Htli .Iiine, tlie Florida arrivtMl at tlie outer aiichorajjje, and (Commander Morris sent oiii' of his ollieers to rei)ort liis arrival and ask ])eriiiissioii to taki^ in coal, and [UMinission, also, to ell'eet soinn lepairs. 1 was informed that nosut>i)li(!Sor coal had lu'en fmiiislnd ti> I lie Florida in any Finglish iK)rt for ton nionths |>ast, and that it would not ln' jiDssi- hle to ascertain the full extent of tlui repair- mujessary until the vtvssel came into pdii. I tluMi f^ave permission for the Florida to he hrought into Saint (Teor;;;e's Harlnn' to;' twenty- tour hours, exclusiveof Snn(hiy. The vessel came in accord in;ily on SunilMy,;i ml. shortly afttu' his arrival, Commander Morris waited upon me and delivered nic a littci askino; that the repairs whicdi were found necessary mijjfht hci carried out at llcr Mnj- esty's dock-yard. I innnediately transmitted this letter to Vico-Admiral Sii' .IniiK ■; Hope, who di'clined to allow any repairs to he carried out in the doek -yard, hut oUcnil to send competcMit oliliiuirs on hoard the Floridji to ascertain the extent of the rcpMiis necessary, (,'ommauder Morris was very j^lad to ohtain thi^ opinion of these olliccis, and the knowledfj;e was necessary to nie, in orihu' that I mijiht ,jud)j;e what time slionlii 1)(^ firaiited. The admiral sent tlie llajj; lientiMiant, chief eny;ineer, and two assistant en^jineers on hoard the FloHda, and they reportiut t»n the vessel: " 1st. She can jtrocced to sea. with such rei)airs as can he made good here, wliicli, ;i.s far as we are ahlt! to judj^e, will reipiire five days for one man, viz, a diver for two (Im.v> and a litti-r for three days, or tlirtic (iompleto days in all. "2d. She can ]iroceed to sea with safety in her prosont state undi!r ■steam, hut [7:j] unih'i- sail *is nnmaiiaj^ealde with her ser(!W up in hinl weather, and her di'f'Mt^ aloft (cross-trees) render main top-mast unsafe. Tliis could he made i;in);l in two days." I consulted personally with Sir .Jaines H'tpi;, and gave Commandin' Morris pi'riiiis- siou to reuirn live working days in Siint Ueorge's to complete the rei>airs. I aisit furnished (Jummander Morris with printeil extracts of some portion of th(! eireiil;M'(lis- pafcch dated the llith .fiily, l^lii, informing him of the regulations under wliieli uloiic h(! could he allowed to take in coal. He .asserted thiit Mi>hilo was the lirst eonfeili'nitc port lie expectiMl to visit, and reports tliat ho took in about eighty ti»iis of coal. The tive working of Sir .Tames IIi)i)e until he quitted Herminla in the Duncan for Halifax, anil our views were compli^tely in acionl. During this visit tln^ conduct and demeanorof t!o:nmander Morris were all rhat I eoiiiil wish, and he appeared vt-ry desirous to avoid the least infringement of the instiin- tions laid y, and als.. on the morning of t\w "iitth. Again she \v;i< signaled off the south side on the '. m. I received ;i verbal mi^ssage to say that two men, supposed ti> be deserters, liiel been fonntl on board, and re((uested that 1 would send some ))ersons off to ideiititV tliein. in a steam-tug that was going off to visit the Fhwida. The de|)arture of this tag \v:i> delayed until .after sunset, and the fort adjutant then \>erceived that slu> was going I" tow out a barge full of coal. This oHieer immediately told Mr. Black, who is teiiipn- rarily acting tis agent for the Confederate States, that he ought not to take out iiial without the govt^rnor's permission. Mr. Black then .sent me a note, of which I iiiLliisr a copy, asking for permission to tiikt* out fifteen tons of coal to the Florida in coiisi'- «lu had done in sijjht of these islands. Mr. Hlack, who helongs to tin; Southern States, states that he sent the coal at the re- (|iiest of Commander Morris. The Florida then immediately left the islands, and has not since he<'n seen. I hefi; to aiuiex a coi)y of a printed extract from the circular dispatch of the Ifith July, 1H()3, which I forwarded to Commander Morris. I liave, &c., (Signed) WILLIAM MUXUO. With reference to these circninstaixies the followiiijf correspoiitlence passed between Mr. AcUims and Earl Russell :^ Mr. AdaniH to Earl Eiiisell. Lk(!.vtk>n ok thk Uxn'KD Statics, London, AuijHHt 11), 18t)4. Mv LoKO : It is with very great regret that I find myself compelled to call tlu^ at- tt'iitioii of your lordshij) to the aliuse made of Ww lU'Utralily of the il),sou, of Richmond, agent. I ain,«Src.. (Signed) • C. M. ALLEN, Consul. Earl BknucU to Mr. .Idamn. ^U FouKKiX Oi'i'iCK, Srptemhvr T), 1864. Sii! : In reply to your nott^ of the IDth ultinn) respecting the proceedings of the Florida at Hermuda, I h.ive the honor to inform you tliat Her Majesty's government liiive received reports on the same subject from Her Majesty's colonial and naval au- thorities, and that, after tine cousiileration of the same, they are of opinion that al- though SOUK! disposititfu was uuinifested by the commander of tlie Florida to evade the stringency of Her Majesty's regulations, the most eouuneudable strictiwss auiufectly jiroper. I am, Arc, (Signel) RUSSELL. ' Appendix, vol. i, p. 1^4, 300 TREATY OF WASHIXGTOX. On or about the 5th October, 1864, the Florida entered the port of Bahin. On this occasion the following correspondence passed between the United States consul at that place and the president of the province of Jiahia:' T/m! United States voiintil to Ihv prcaldnit of the prorhicc. CONSIJLATK OK TUK I'XITKI) STATES OK AmK.1!K" A, Bahia, Octol)cr ;">, lv-'()4 — I) a. in. Silt: Tills nioniiiij^ a stcaiiior aiKihoi'i-il in tliis port l>('arinij;tli(' Ha;; ailoptcd liy those Avlio am i;iv()lv(Ml in tlw icljcllioii aijjiiiiist tlu- (Jovcrniiicnt of tin- Uiiitfil Stat s of America, and I am iiit'ormcil tiiat tin; said vessi;! is tim Florida, wliii-ii is cii^aifi-il in •■ajttiiriii}^ vessels iiaviujatiiij;; under the llajj; of Mu; iriiited States of Ainerira. and in destroyiiiji tliem by makiiij;' Uonliitis of them and their carjjoes. The vessel in (luestion is not eonimissioned by any reeo^ni/.ed •"government \vliateV(!r, and her <»tilicii;i. be detained with all her officers and crew, in order to answer for so Hajj;rant a violation of the soverei<;nty of the ;rovernment of Brazil and of the riijhts of citizens of the United States wiiliin the jurisdiction of the Brazilian j;overnmeiit. I avail, A'C, (Si},'ned) THOMAS F. WIL-^OX, Cuiixid of the United Slates. His Excellency AxToxio .Toaquim ok Sii.va Gomks, J'renideiit of the Province of Jiahia. The prexident of the pvorinve to Mr. Jl'ilsoii. PaLACK ok TUK GOVICKXMEXT Ol" THK PiSOVIXCE OF BaHIA, OetolH-r o, l-^li4. In a noti', dated this day, Mr. Thomas F. Wilson, consul of the I'nited States, claims that the ateamer Florida, now anchored in this port, shall not be admitted to free pra- tique, iun- obtain ]»erniission to provide herself with coal, provisions, supplies, and utensils of any kind whatever, niu' receive on b()ard any i)ersoii whatever; he likewise requests tiiat, as the cruiser, in combination with the Alab.ima, violated the sovereignty of the imperial }j;overnniiMit of Brazil, by capturing and dostroyinj^ vessels bdoiiLitinj; to citizens of the United States of America within the territorial waters of tlie em- pire, near the island of Fernando rveiition of ;ut of the state, which is ahuie compettiit to authorize such a ANTONIO JOAQUIM i.a SILVA GOXIE.S. • ports of the empire, and would cousul, which would !)»' :-• ' the siipreuie governuie rupture. I renew, »fce.. (Sif,'ned) Mr. THorf \!S F. Wii.sox, Consul of the Cuilid Stntia. Before diiwu on the nioniiii<»" of the Vth October, 1S04. the Florida was surprised and eai)tured in the port of Bahia by the Tnited States war-steamer Waclmsett, and was carried as a prize to tlie United States. Sliortly aiter her arrival she sanic in Chesapeake Jiay, in con- sequence, a.s was atlirnied, of liavins* sprnn;.( a leak durinjj: her voyage ami of liavinj? been injured while at anchor by a United States transport-steamer. The ji«)verninent of Brazil protested immediately, in stronj^ terms, against this violation of its sovereignty and of the nentiality of the port; and the United States minister at liio declared, in reply, that the capture of the Florida had not been directed or authorized l)y himself, condemned the act of the captain of the Wachu.*-ett, any the Hrazilian forces in tliat port ; liiil we liiive no ])articular inlbrniation of the circuiiistanees which iireceded the collision, and (iiir infoiination coucerniiifj the transaction itself is incomplete. At the same time. w<' are alisolntely without knowled}j;e of any correspondence that it may iiave elicited lictweeii yourself and the Brazilian {;oveiiinient. Ill this stajit' of the matter, tlie I'lesideiit thinks it proper that ynrpoHe, deciar('(l hy htsr eoniniander lo the [)resident of the province, to-iii|>iiIy heix-lf witli nlimeiitary provisions and coal, and to repair some tubes of in-r iiiaeliiiitr\-. [7()] "Tlie president, proeeedinfi in accordance with the policy of neutrality whiili tile empire res(dved to adopt on the (|nestion in wiiicii unfortunately thest- Stiitcs are inv(dvcd, and in conformity with tin; instructions in this respt'ct issued hy the im- |)erial }:;()vernnient on the 'S-kl of Jinie of tin; year last |)ast, assented to the apiilicatidii of tlie commander of the l-'lorida, and Irxed tlie term of forty-iM^rlit hours for takiiii; in supplies, and tixinj;. in dependence, on the final examination by the enjiineer of the ar- senal, the determination of the residing of the time which, peradventnre, should !»• deenuMl indisju'ii.saide for the com))Ietion of the repairs. Tlie same authority at once took, with the i;reatest impartiality, all the mea.Mirts necessary to avoid any c(Uiliict between the two hostih; steamers. The I'loiida was jilaccd under cover of the batteries ot the Brazilian corvette 1>. .lannaria, on the iii-shore side, at the rediv'st of her commander, who, rifposin.; on tin- faith witli which, without donbt, the chief authority of the province could not faii to inspire liini, considered hinis» if sheltered from any attack of iiis adversary, iind in this cf the night, iiiul of other circnuifitaiices, tho ((iniiiiiiiHler of th(! \Va(;kii.«t consider the event which occurred at l>;diia otherwise than as the individual act of the eonnnander of tin; Wachusett, not luitliorizcd or apjuoved by his (;overnnu;nt, and that it will cons(;(|U(;nHy give to the uiivcrnnient of Jlis Majesty tin; Kmperor the explanations and reparation which, in i(inf(innity with iut(;rmitional laws, are tlue to a power which nuiintaina friendly and liaciiic relations with the Unitetl States. The just reclanuition of the iini>erial government Ijcing thus jiresentcd, the under- '<\>iin'([ awaits the reply of the honorable Mr. Seward, ; id, fully conliding in his exalted wi.sdoin and in the justict; of the (iovernment of the United States, he has not evt-n for ;iinoiii('iit doubte(l but that it will be as satisfactory as tlu; incoutestabh; right which aids the empire and the vast gravity of the otfense which was done to it may re(|uir(;. Tht; undersigned, «fcc., (Signed) KiNACIO DK A\T:ULAK MARliOZA DA SILVA. His Excellency the Hon. Wh.i.iam H. Skwaisd. Mr. Seward to Mr. ISarhoza. Dia'AKiMKN r t)i' Statk, IVanhiiif/toii, iJeamber 20\ 1861, Huy. I have the honor to acknowledge the receipt of your nt)te, which sets forth the »('iitiiiit;nts of the imperial government of Brazil concerning the capture of the Florida '>.v the United States war-steamer Wachusett in tiie port of Baiiia. You will, of course, explain to your government that, owing to an undtirstiinding littweeii you and myself, your note, although it bears the date of the 12th Deceuibor, wiis not submitted to nie until the 'ilst instant. Jealousy of foreign iuterventiuu iu every form, ami absolute non-intervention in the 1 Should be dated December 26, 1864. ' 304 TKEATY OF WASHINGTON. ft :1r :,e? tlonmstic affiiirs of foreif^n nations, aio ciiidinal principles in the policy of thf> rnitcil States. You have therefore .justly expeirted that the President would disavow and refrr'et the i»ro(;e('dinj?.s at IJaliia. Me will susjiend Captain Collins and direct IiImi to appear hefore a court-niarlial. Tlu^ consul at Itahia ailniits that ho advised and iiicito' the cai)taiii and was at^tive in tlie pr()(.'eedin};s. He will therefore be dismissed. '•" i\n^ of Urazii will receive from tin; United States Navy tlw honor customary in tiii' intereourse of friendly Tuaritinu? jjowers. It is, however, not to l)i^ understood that thi.s filovernnient admits or jjivcs credit to the charK't's of falsehood, treachery, and deception which .\ou have l)rou>;lit a^jiiiufst the ca])tain and the consul. These charges are denied on the authority of the ofticiTs accused. You will also be |)lcased to understand that the answer now given to your rcpn- .sentation rests exclusively upon tln^ ground that the ca])tuie of the Florida was an nnauthorizcd, unlawful, aulying of these piratical ships and their crews in Lb'jiziliaii poits were wrongs and injuries for whi<'h Hrazil justly owes ri'iiaration to the United States as ample as the reparation which she now receives from them. They hope and con- lidently expect this recii)rocity in good tinu', to restore the harmony and frieuilsiii[i which are so essential to the welfan; and safety of the two countries. In the positions which I have thus assunu'd the imperial govfuninent will recognize an adhereiic(! to rights which have been constantly assert<'tl, and an enduring sense of injuries which have been the sulijcct of earnest remy the (iovernment of the Uniti'd States. As a member of the family of nations, the United States ju'acticH- order, not anandiy, as they always juvfer lawl'ul itroceediiigs lo aggres- sive violciH-e or letaliation. Tlie United States are ha|)py in being aide to hidicve that Brazil entertains tlie same sentinuMits. Tlie authorities at Hahia are undei.stddd to have nusucccssfnlly ein])loycd force to overcome the AVachusett and rescue the Florida, and to havt; continued the chase; of the olfendei' beyond the waters of Hriizil. out upon the high seas. Tims, in the ali'air at Hahia, subordinate agents, without tiie knowledge tlit;y have deserved ; nor ooiild they, being eneniie.s, be allowed to enjoy the protection of the United States. Tiiey will therefore 1>e set at liberty, to seek a refuge wheresoever they may find it, with the Iiazard of reeaj)tur*; when beyond the jurisdiction ol' this Government. The ; >rida was l)rought into American waters, and was inchored, under naval sin- veilh ami protection, at Hampton Koads. \Vhile awaiting the representation ot the H: liau government, on the SJ8tli November, she sunk, owing to a leak which could be seasonably stoii[)ed. The leak was at lirst rtipreseiited to have hciii caused, oi at lea.st increased, by a collision with a war-transport. Orders weri' iinnic- diately given to ascertain the manner and circuniatances of the oecMirrence. It.seeined to atVect the Army and the Navy. A naval court of inquiry and also a military court of imiuiry were charged with the iiiveatigatioii. The naval court has submitted its report, and a copy thereof is herewith coiiiniunicat id. The nrlitary court is yet •Migaged. So soon as its labors shall have ende«l, the result will be nuide known to V(Mir Govorninent. In the mean time it is assumed that the loss of the Florida was a CASK (JF (JKKA! HKITAIN. 305 ioiist'i|iiciiet' <»f sDiiic nntoresty;!! ju'oidont. which ca^t no respDiisibil'*^' .qxin tlio IJiiitcil I avail, ».\:,c., ,V (Si'TiuMl) ■•■' WILLIAM If. SKWAKD' Sell hill' lax AGIO i»i: A\ i;mauJ5ai!uii/.'. nv Si!,\ a, A.t-. It lias beon stated above tliat tlie crew of the J-'loiida were shipped piiiioipally at Mobile. Kepiesentations haviiij;' been made to ller Majesty's jifovenuueiit to the etteet that some of tiie men who served in lier were British subjects, th« law-olUcers o^■ the Crown were consulted on the ([uestion wlietiier proceedinjjs could Of instituted against these persons for an infriuftenuMit of the foreign-enlistment act. The law- otlicers advised as follows :- We ilo not think that snftieiout eviileniv^ ha.>> vif luicii olttaiiiod to warrant tii'; insti- tntiou (if |)r()ft;fht evidence in contirmation of that presumption suHicient. Next it appears, i»y the fourth column of the list annexed to Thomjison's tirst aHidavit, that, with two exi;eptious only, all vhese nn;n took service on board the Florida beyond ilic limits of IJritlsh jurisdiction, and by tar the greater number of them at ^lobile, witliiu the territory of tht; Confederati; States. With respect to the two, Diuinis SiUli- vaii and Charles Hallingi-r. who are allcijied, the one to hav(> enlisted at Nassau, ami the other to have been shipped at the first, (which we supj)ose means when the ship first sailed from F,n<;lanort of the law-ol'liccrs npiiii this subject it was noticed that tl>« first Mctiou of the foreijjn-enlistmcnt act, which i)roliildfs the enlistment of British snb- jictsiii the belligerent service of any forei<.;u ])ower, is not limited (as the, seventh ii, who in that nfTuluvit speaks of atliiiisHions inado to liim l>y eighteen of these seamen, to the ett'ect that they were horn in Irehuul, Strl'iUKl, or Enghmd; and by six others, to tlie effect either that they were Irishmen, or tliut Ireland or Liverpool was tlieir home. But of tliese twenty-four persons there are only seven on whose history any further light is thrown hy these depositions, and every one of thcJ^e seven appears to liavo emigrated from Great Britain or Ireland to the United States jtrevions to tll(^ exi.stiin; civil war, under eireumstances from wliieh it i» prma facie to be inferred that, at tlit' time when he took service on hoard the Florida, he was either a naturalized or a domi- ciled American. Some of them appear to have resided for many years in the United States; and two (Good and Doris) are expressly stated to have ac(|uired the ri«;litsor citizens there, and to have voted at presidential and other elections. With rcsiuctto the rest of the crew there is nothing whatever to show that they may not have enlisted under similar circumstances. As to all persons so situated, we think that it would be a reasonable construction of the foreign-enlistment act to hohl that, although they are natural-born subjects of Her Majesty, the word "foreign," which pervades the tirst section of the statute, is not, as regards them, applicable to the service into which they have ent-ned. And even assuming that this construction might not be admitted, we think that it would not iio a proper exercise of discretion on the part of (he Crown to attempt to put tlie statute in force, so far as relates to acts done by persons so situated beyond the limits oi' British jurisdiction, and within the territory in which such persons may liiive been naturalized or d(»miciled. (Signed) ROUNDELL PALMER. K. 1'. COLUIKR. Lincoln's Inn, (htohir 'l^\ lSt;:i. SUMMAKV. The Florida was a vessel built at Liveri)ool by a firm of sliipbiiildcis there, to the order of another Liverpool firm carrying on an extensive business as engineers and iron-founders. She was stated to be ordered for and on account of fi person resident at Liverpool, who was a partner in a mercantile house at Palermo, and upon the completion of the vesvsel this person was duly registered as her owner, on his own declaration, Her builders stated that, according to the best of their information, they believed her to be really destined for Palermo. She was a vessel built for speed, and her internal fittings aud arrange- ments were not such as are usual iu vessels constructed to carry cargo, but were suitable to a ship of war. She was unarmed, however, autl had on board no guns, carriages, ammunition, or other warlike stores ot any kind. Ko facts whatever proving, or tending to prove, that she was intended to cruise or carry on war against the United States were ever, before the departure of the ship, communicated by Mr. Adams or Mr. Dudley to Her Majesty's government. Mr. Adams alleged, indeed, that ad- vances of money had been made to the firm which ordered the vessel, and to that which constructed her, by the firm of Eraser, Trenliolui iS: Co., w ho were believed to have been engaged in blockade-running, aud to be employed as agents for the goveinment of the Confederate States; but this assertion, whether material or not, was not substantiated in any way. These were all the facts respecting the vessel which had been communicated to or were iu the possession of Her Majesty's government previously to aud at the time of her departure from England. It is certain that, had the vessel been seized by Her Majesty's govern ment, a court of law would have ordered, and would inJ. ed have been bound to order, the immediate restoration of her, for want of evidence to support a forfeiture. It was not the duty of Her Majesty's govern ment to seize a vessel which it would have beeu the duty of a court of law to restore. CASE OF (iKEAT MKITAIX. 307 Tlie means and opportunities possessed by Mr. Adams and [80] Mr. Dudley of ascertaining *the truth were fully as great as those possessed by Her Majesty's government. Tliey were, indeed, {rreater; since Mr. Dudley was the United States consul on the spot, in constant communication with Americans of all classes, always on the watch for information, and ])rovided with means of gaining it which conld not have been employed by ITer ^NFaJesty's government. The vessel sailed from Liveri)ool with a clearance for I'alermo and Jiininicn, unarmed, and v.ith no v.arlikc wtuies of any kind, under the connnand of a niaster belonging to the British mercantile nmrine, and inanued by a crew who were not enlisted for the confederate service and had no thought or intention of engaging in it, and win") afterward left the ship as soou as they conceived a suspicion that she might be eiiii)loyed in that service. Although no directions, nor nny notice or warning, had or could have been sent to the authorities of Nassau before her arrival there, the vessel was, upon her iurival and while she remained there, strictly watched by order of the governor ; a ship of war was placed near to her; she was finally seized by order of the governor ; am\ proceedings were instituted against her in the proper court of the colony. On being released by the decree of the court, she sailed from Nassau unarmed, and with a clearance for N(;w Brunswick. Before committing any hostilities against vessels of citizens of the United States, she sailed for and entered a port of the Confederate States, where she remained during more than four months and was put in condition for war, and enlisted a crew, and from whence she was Anally sent out to cruise. She was coaunissioned as a ship of war of the Confederate States, and was commanded by an otiicer commissioned by the de facto govern- ment of those States. She was received on the footing of a public shij) of war in the ports of neutral nations — Spain, France, and Brazil ; and ou the same footing, and in the same manner, without favor or par- tiality, she was received likewise in those i)()rts of the British colonies which she had occasion to enter. The United States ships of war blockading the port of Mobile failed to capture the Florida when she entered it, under circumstances which made the capture so easy of accomplishment that the otiicer to whose incapacity the failure was due was dismissed the service. They again failed to capture her when she left the port to commence her cruise. From that time, until her unlawful seizure in the port of Bahia, she was, for a year and nine months, engaged in cruising, sometimes near the coast of the United States. It does not appear, however, that (Inring all that period she was ever encountered or chased by a United States ship of war. No serious endeavor, indeed, to intercept or cap- tnie her appears to have been made on the part of the Government of the United States. Her Britannic Majesty's government cannot admit that, in respect of the Florida, it is justly chargeable with any failure of international duty for which Great Britain owes reparation to the United States. « t . 'it 308 TRKATY OF WA.sHl\(i 1H)N. [SI *PAliT VI 1 2;*! ''i-i STATEMENT OF FACTS RELATIVE TO THE ALABAMA. My Loiti) ; I'Arir VI A lahilM.a. Oq the 24tli -IiiiM', 18(L*, Kiirl Russell recieiveil from Mr. Adiiiiis the following note with an iiiclo.siue:' , ^f)•, .idams to Earl liuvseU. Legation ok tiik Unitki) Siaiks, Loudon, June ',':?, IrtG'J. ifimw tiiiu- siiKO it may l)c recollt'ctcd l)y your loidx' ;; that I felt it in.v duty to make a rciui'scutatiou tourliiiifj tlio ecjuiiuuciit from the jior't (if Li\ crjiool (if the t;m>-l"'i't Oreto witli the iuteut to make war n^xin tho L'ulted .States. Notwithstaiidiiij? tiie statemeuts returned from tin- authorities of that jjlace, with which your Iord.«hip favored me in rejdy, tuiKMnfr a dirterent destination of tiiat veHHtl, I have the Ktroufrest reason for bclievinjj tliat tlnit vessel went directly to Nassau, an«l tluit she has been there enj^aj^ed in completiiijj her armament, provisioiiinj;, and crew for the object tirst indicated by me. I am now under the painful necessity of apprising your hirdsliip that a new and still more powerful war-steamer is nearly ready for de])arture from the port of Liverpool on the same errand. 'J'his vessel has been built and launched from the dock-yard of jxt- sons, one of whom is now sitting as a member of the House of Commons, and is titliu;,' out for the especial and manifest object of carrying on hostilities by sea. It is about to be commanded by one of the insurgent agents, the same who sailed in the Oreto. The parties engaged in the enterprise are persons well known at Liverpool to be agents and otidcers of the insurgents in the United States, the nature and extent of wliosr labors are well explained iu the copy of an intercepted letter of one of them wliicii I received from my Government some days ago, and which I had the honor to place in your lordship's hands on Thursdiiy last. I now ask iiermission to transmit, for your consideration, a letter addressed to me by the consul of the United States at Liverpool, in couliruuitiou of the statements here submitted, and to solicit such action as may tend either to stop the projected ex- ))edition, or to establish the fact that its purpose is not iuimical to the i)eoplo of tbe United States. Renewing, &c., (Signed) CHARLES FRANCLS ADAMS. The " copy of an intercepted letter" referred to in the above note was a paper purportinjif to be a copy of a letter or report from a confed- erate officer of artillery, addressed to some person unknown, and relat- ing to purchases of military supplies for the confederate army, and to vessels employed in blockade-running. The inclosure was as follows: Mr. Dudley to Mr. Adams. United States Consjulate, Liverpool, June 21, 1862. Sir : The gun-boat now being bnilt by the Messrs. Laird & Co., at Birkenhead, opiMv Bite Liverpool, and which I mentioned to yon in a previous dispatch, is intended foi the so-called confederate government in the Southern States. The evidence I have is entirely conclusive to my mind. I do not think there is the least room for doubt about it. Beanfort and Caddy, two of the officers from the privateer Sumter, stated that this vessel was being built for the Confederate States. The foreman in Messrs. Lairds' ' Appendix, vol. i, p. 177. CA81i ()1< (JIMOAT MHITAIN. 309 vnnl HiiyH hIio is tin; HistiM" to tliB yiin-boat Orcio, ami lias bct'ii Imilt fitr tin' saiui^ )»ar- tit!8 auil fur lilt) saiiio purpose; wlji.-ii pi^ssoil lor a fiiiHinr <'xplaiiiitioii ho Htatfii lliat ulio wan to boa i)rivatt!('r for the " Mouthtuu Kovcrmiiniit in thr Uiiitt'd Staten." Tint I'liptaiii and ufllic.crs of tht^ stt>ain(>r .Julia IJshor, now at Liverpool, anil wiiich is htailtMl to run tito hloi'katio, statt; tliat this ^uu-boat Ih fur tho cunfuiloratuu, and in to bo uom- iiiaiHled by Captain Uiillock. The strictt'st watch is kept ovim- this vpss»»1 ; no i)rrson «>x(it^pt thoso iinnuMliat< uiul Mr. Diulley's letttT wore Heiit with each of tlie two i)roco(linj? letters for the itiforiiiiition of th«» UmU coin. inisBioiiersof the treasury and th«^ hiw-oHicers, respectively. Karl Itns sell, on tlie same day, wrote as foUows to .Mr. Adams:' I'^arl JiiiHMill to Mr. .tdniUH. FoitKKlN Ol'IICK, ./»(((• 'J'l, iHiy. Sii{ : I have tlit' Iniiior to iicknowlcdjic tlie ic('fij)t of your It^ttiT of tlic 'SM instant, • iillii'jj attiMitiou to a Mtoiuii-vt'ssHl whicli yon statu is now tittinj^ont at liiviMiioii! with tlio intt.Mition of cairyinn on hostilitit'M ajjaiiist the (lovorninont of tlio I'nitcd SlutcH: anil I liavr to uciinaint yon tiiat I Inivo lost no time in it'fcirinjr the niatttr to iln proper department of Her Majesty's ;;ov«rnment. I am, iSiv., (Signed) Kl'SSKLL. The law-offleers of the Crown, on tlie ,'JOth June, l.Sdi.', made tlioir report, as foHows : ' The l(iw-o(}lvri'ii i>/ tin- Crown Itt Kiirl IihhhvII. Tkmpi.k, June :{(), lH(i2. MYL«)ni>: We are honored with yonr lordship's comnian's commands we have taken these jiapors into consider- ation, and have the honor to report — That, if the rejiresentation made to Ifer Majesty's government by Mr. Adams is in accordance with the facts, the building and e(|nipment of the steamer in ((nestion is.i manifest violation of the foreign-enlistment act, and stejts ought to be taken to put that act in force and to ]nevent the vessel from going to sea. The rejiort of the United States consul at Liverpool, inclosed by Mr. Adams, besides suggesting other grounds of reasonable suspicion, contains a direct assertion tlnit tin' fArenuin of ^Jessrs. Iiaird, the builders, has stated that this vessel is inteiuled as a ])ii- vateer for the service of the goverunu'iit of the Southern States; and, if tlu', eliaraeter of the vessel and of her eer steps ought to be taken, under the direction of Her Majesty's government, by the authorities of the customs at Liverpool. to ascertain the trulii, and that, if sutlicient evidence can bo obtained to Justify pro- ceedings under the foreign-eulistnu'ut act, such procee, Mr. Adams ought, we think, to '>< informed that llov Majesty's government are proceeding to iuvestigate the case ; but tlat. the course which they may eventually take must m-cessarily depend upon th>. iintiirc and sutUciency nf any evidence of a breach of tlie law which they may be enabled to jbtaiu ; and tliat it Avill be desirabhi that any evideiico in the possession of tbf I'ls'ied States consnl at Liverpool should be at once commnuicated to the officers of Her Majesty's customs at that port. We have, tSrc, (Signed) WM. ATHERTOX. KOUNDELL PALMER. The commissioners Of customs, on the 1st July, 1862, reported to tbe treasury as follows:^ licport ly the commissioners of customs. To tlie lords commissioners of Eer Majesty's treasury : Yonr lordships having referred to na the annexed letter from Mr. Hammond, thi nnder-aecretary of state for foreign alfairs, transmitting, by desire of Earl Russell, copy of a letter from the United States minister at this court, calling attention to a Appendix, vol. i, p. 180. ^Ibid., p. 181. ' Ibid., p. 182. CASK OF GKKAT UlilTAlN. ."»11 ntcamtT r»i|i()rfo»l to l»o littiii^ out at Tiiwipftol (ih a 8(Hi(1i<'rii piivafciT, and iiiiloMiiijr I'opy of a lott«i' tVoiii tlio IJiiitt'il Sf.att^H consul at. tliat. |>'>i't. r('|ii>i'iins|ii'('tin^ tliiH vcMscI, and hiicIi steps lakcn iu the inatlcr as niiiy Uf. i-i<;lit and piopcr, Wo report that, ininiediately on itM-eipt of yonr lord-iliips' leierein-e, \V(* forvvanled the papers to our collector at I^iverpool J'or his spert, and we leain t'i'oiii his reply that the fittin^j; out of the vessel has not (^siapeil the noliit- of tiMMinieors ((I" this rev()niie, hut that as yet notiiinij has transjiired cdiicernin;; ln^r wliicli has iippeured to demand a special report. Wo are inicuined that the (»tJicers have at all times free access to the Imildinjj-yards of tile Messrs. Laird, at IJirkenhead, whore the vessel is lyiiij; ; and that there has boon no iittonipt on tlu^ part of inu' huilders to disguise what is most apparent, that she is iiitciiilerl for a ship of war; and one of tiio sut'veym's iu tint service of this revenue, who had htuMi directiid by the colhvtor personally to inspect the- vessel, has utatod that tlie description of her in the ciMumuuicatioii of the ('nited States consul is correct, with till' (exception that iier enj^inos are not couHtructed on the oseillatinj; principle. Her (liiiuMisious are a.s fcdiows: Lenr8 on board, Imt, as yet, neither yuiis nor carriayes, and that the currtMit rep(U't iu re;;ard to tlio vessel is, that she has been built tor a foreijjn jiovt^runiont, which is not denied by the Messrs, Laird, with whom the surveyor luis conferred; but thoy do not appear disposed to reply to any (|uestio!iH resjtoctiu<^ tlio destination of tho vesstd after siie leaves Livor- jtool. And the otticurH havu no other reliable Hource of in.bnnution on that point ; and liiiviiiK roferre k' he matter to our uolicitor, he has reported his opinion that, at present, tiierc is not sni.rent f^ronnd to warrant tho detention of tho vessel, or any interference on tho part of this department, in which report we bei^ to express our coneurrenoe. And, with reference to the statement of the United States consul, that t\ui evidence be has ill refjard to this vessel beinj; intended f-. the so-called confederate f^overnmeut ill tho Southern States is entirely comdnsive to his mind, we would observe that, iiias- inuoh as tho otHcers of customs of Liverpool would not be jiistiliod in takinj^ any steps iii;aiiist the vessel unless sullieient evidence to warrant lier (Uiteution should be laid h«fore them, the proper course would be f(U" tho consul to submit such evitlence as he possosses to the collector at that port, who would tiiereupon take such measures as the lirovisious of the forei).;n-enlistnient act would re(inire. Without tho production of lull and Hufilicicnt evidence to Justify their proceiidings, the suizinji; olH(;ers might entail on themselves and on tho yoverniuDnt very sl'riollscou^e(lll;!uces. [>^4] *\\'e bey; to add tiiat tho otHcers at liiverpool will keep a strict watcdi on the vessel, and that any further information that may be obtained concujriiinj; her will he forthwith reported. (Signed) THO. F. FKLMANTLE. UKKNVILLE C. L. IJKRIvKLKY. Ci'sroM-Honsi:, July 1, ISCri, A copy of the report of tlie (ioiuniissioiiers of cu.stoms was, on the 4tU ■Inly, 18(52, tiiiusniitted by Earl llussell to Mr. Adams, inclosed in the Ibllowing letter:' Eurl JiuxntU to Mr. Adams. FoRKiON Okkick, July 4, 18(52. SiK: With roference to my letter of the 'i.'ttli ultimo, I have tho honor to inclose a I'opy of a report from the coinmissioners of customs, nvspectiug the vessel which you have been informed is being built at Liverpool for the government of tho so-styled Confederate States, and in accordance therewith I would bi!g leave to suggest that you should instruct the United States consul at Liverpool to submit to the collector of cus- toniH at that port such evidence as ho may possess tending to show that his suspiciouH as to the destination of the vessel iu (tuestion are well founded. I am, &c., (Signed) RUSSELL. Mr. Adam.s replied as follows:' Mr. Adamx to Earl litissdl. LE(5ATI0X Ol' THK UNITED STATES, London, July 7, 1862. My Lord : 1 have the honor to acknowledge the receipt of your note of the 4th instant, covering a copy of the report from the coinmissioners of cnstonis respecting a ' Appendix, vol. i, p. 18.5. 312 TREATY OF WASHINiiTON. voseel urosuinod by me to be in cour.se ol' pioparation at Livcrponl to (any on lii>,>iil.( opeiatioim a^aiuht the UnitL-d States. In aceordiinco with your lordship's 8U<;ij;ostion, I .shall at onco, instruct tin- (mimmiI of the United States to submit to the collector of customs at that i)ort such evidenci- ns lie possesses to show that the suspicions he enteitaius of the character of that vcsst;! luc well founded. I j)rav, Ac, (Signed) ClfAKLES FRANCIS ADAMS. On the 10th Jul.v, 1802. the colloctor of cu.stom.s at Liverpool recicived from Mr. DiuUey the following letter : ' The Uiiifcd Stafci coiihiiI to the colhdov of ciixtoini, Liverpool. LiVK.Itl'OOI., JuUj l», Ir^iVi. Sik: In accordance with a suggestion of Earl Russell, in a coniniunication to Mr. Adams, the American minister in Loudon, I beg to lay before you the information and circumstances which have come to my kuowleclgo relative to the gnu-boat now beiuf; fitted out by Messrs. Laird, at Birkenhead, for the confederates of the .southern United States of America, and intended to be used as a privateer .against the United States. Oi'. my arrival, and taking charge of the consulate at Liverpool in Novend)er last. my attention was called by the acting consul and by other persons to two guu-boat.s being or to be fitted out for the so-called confederate government: the Oreto, fitted out by Mr. Miller uud Messrs. Fawcott, Preston &- Co., aud the one now in question. Subsequout events fully proved the su.spicion witii regard to the Oreto to be well fouuded ; she cleared from Liverpool in March bust for I'alermo aud Jamaica, but sailed direct for Nassau, whero she now is receiving her armament as a privateer for the so called confederate government; and my attention was called repeatedly to the }jini- boat buihling by Mr. Lainl, by various persons, who stated that .she also was for a confederate privateer, and wjis being built bj' the Messrs. Lairds for that exprcs.s purpose. In May last two ofliccrs of the southern privateer Sumter, named Caddy and 15oa\i- fort, passc^d through Liverpool on their way to Havana aud Nassau, and while luuf stated that there was a gun-boat building l)y Mr. Laird, at Birkenhead, for the southern confederacy; and not long after that a foreman employed about the vessel in Mr. Laird's yard stated that she was the sister of the Oreto, and intended for the same service, and, when pressed for an explanation, further stated that she was to ))e a pri- vateer for the southern government in the United States. When the ves.sel was tirst tried, Mr. Wellsuian, one of the firm of Eraser, Treiibolni & Co., (who are well kuown as agents for the confederate go\ eminent,) Andrew and Thomas Byrne, and other persons, well known as having been for months actively engaged in sending munitions of war for said government, were present, and havf accompanied her on her various trials, as they had accompanied the Oreto ou her trial trip and on her departure. In April last the southern screw-steamer Annie Childs, which had run the bloekado out of Charleston, and the name of which was changed at this port to the Julia I'slicr, was laden with munitions of war, consisting of a large iktsoiis from the SumhT. 1 may also wtafc that Captain I'ulloL'k rtferred to is in liivtupool; tliat ho is an olHct-r of tht; ronfedcratf navy; that he was nent over hero for the express jmrposi' of (ittinjj; ont privateers and sending; over ninnitions of war; that he transacts liis business at the ollii-e of Frazer, Tren- linlin A Co.; that In; has heen all the tiin(? in communication with Fawcett, Pres- ton &, Co., who titted ont the Oreto, and with fiairds, who are (ittini; ont this vessel; that he goes almost daily on board the gnn-boat, and seems to be recognized as in authority. A Mr. Blai)'. of Paradise street, in this town, who fnrnished the cabins of the Laird {tnn-boat, has also stated that all the tittiiigs and furniture were selected by Ca;>taiu HiiUock, and were subject to his api»roval, although paid for by Mr. Laird. The information on which I have formed an nndonbting conviction that this vessel is being titted ont for the so-called confederate government, and is inteiuled to crniee against the connnerce of the United States, has conn; to me from a variety (tf sources, ami I have detailed it to yon as far as i)racticabli\ I have given you the mimes of Mcr- 8ons making the statenuMits; but as the inforuiation in most eases is given to me by persons ont of friendly feeling to the United States, and in strict confidence, I cannot Htate the names of my infornnints ; but what I have stated is of such a character that little inqniry will confirm its truth. Everything about the vessel shows her to be a war-vessel; she has well-eonstrncted magazines; she has a number of canisters, of a peculiar and expensive construcrtion, tor containing powder; she has platforms, alreatly screwed to her decks, for the recep- tion of swivel-gnns. ]nde<^d, the fact that she is a war-vessel is not denied by Xlessia. Laird ; but they say she is for the Spanish government. This they state)! on the "d of April last, when (Jeiieral linrgoync! visited their yard, and was shown over It and the variou" vessels being built tliere by Messrs. John liuird, Jr., and Henry H. Laird, as was fully reported in the j)apers at the tinn^ Seeing the statement, and having been already inforineil from so nniny respectable 80urces that she was for the so-calhul conftHlerate gover'. ment. I at once wrote to the minister in London to ascertain from the Spani.-sh embassy whether th(> statement was true. The rej)ly was a jtositive assurance that she was not for the Si>anish goverunnMit. lam therefore authorized in saying that what was stated on that occasion, as well as statements since made that she is for the Spanish government, are untrue. 1 am satisfied heyond a ilonht that she is for a confederate war-ves.-sel. If yon desire any personal exitlanation or information, I shall be hapi>y to attend you whenever yon. may re<|uest it. I am, &c., (Signed) THOMAS H. DUDLEY. The statement in the above letter that the Fh)ritla was receiving ariua- iiient at Nassau was erroneous. The Florida, as has been already shown, did not re(!eive any armament at Nassau. To this letter the collector replied as follows:' The collvitor of vimtomx, Liirrpool, to the I'nitid Slater cotisiil. LiVEiiPOoi,, July l<), lfH>2. Silt: 1 beg to acknowledge the receipt of yonr et)nnnnnications of yesterday's date, (received this morning,) and to acquaint yon that I shall inunediately submit the same for the consideration and direction of the board of customs, nntler whom I liave the honor to serve. I may observe, however, that I am respectfuMy of opinion the state- ment made by yon is not snch as cor.ld be acted npon by the otlicers of this revenue, unless legally substantiated by evidence. I have, «fce., (Signed) S. PKICK KD^VARDS. A copy of Mr. Dudley's letter of the 9th July was on the 10th July tratismitted by the collector to the commissioners of customs, together with the following report from the surveyor of customs :^ [86] ' Sinrviior'n report. SuitVEVOR'.s Oi TICK. July lt», 1H62. Slit: I beg to report that, agreeably with y(tnr directions, I have this day inspected "IP steamer lying at the bnilding-yard of the Messrs. Laird, at Uirkenhcad, a.«1 llutl ' Appendix, vol. i, p. 180. •-Ibid.,p. IH.^ nm^m ai4 TREATY '»F WASHINliTOX. tliat slie is in tlie saiiio state, o'i legaiils her unnament, as on the date of niy former rp]>oit. She lias no f;nns m- cuiTi.4ffes on board, nor are lier platforms fitted to the deck. Very respectfnllv, (.Signed) ' E. MORGAN. The paper:, transmitted l>y the collector jis aforesaid were referred by tbe coinirissioiier.s of ciistoin.s to the solicitor to tlie eiistoins, who is the otticial adviser o/" the department ou matters of law ; and he, on tbe lltb duly, lS«i2, reported as follows : ' * Jicporl from the wlicitor to the euHtoniM. There is only one proper way of looking at this qnestiou. If the eoUector of cus- toms were to detain tiie vessel in ((uestion, he wonld no donbt have to maintain the Hui/uoi by legal evidence in a court of law, and to pay damages and costs in case of failure. Upon carefully reading the statement I find the greater part, if not all, is hearsay and inadmissible, and as to a part the witnesses are not forthcoming or eveu to bo named. It is perfectly clear to my mind that there is nothing in it amountiiirivat('er against the United States, anil having communicated with our solicitor on the subjcft— Wo acquaint you that there does not appear to bo prima f'uir proof sullicient iu tlie statement of the consul to Justify the .seizure of the ves.se!, and you are to apprisu tlif consul accordingly. We transmit, for your information, a copy of the report of our solicitor ou the uiiit- ter, dated the lllh instant. (Signed) FHEDEKICK GOl'LHrHN. K. W. GREY. Copies of the above papers were, on tbe ITtb July, sent by the com missioners of customs to tbe treasury for tbe information of the lords commissioners of tbe treasury. Up to this point the information which was iu tbe possession of Hor Majesty's government respecting the vessel consisted chiefly, and almost entirely, of hearsay statements, made by persons who coidd not be produced, as to alleged admissions by other pei.'ioiis who were repre- sented to be either concerned in her equipment or identified in intere"*t with the Confederate States, and whom, according; to tbe rules of Englisli legal procedure. Her Majesty's government could not compel to j;>^^' similar admissiouB or evidence. It wa.s, however, apparent that slie was intended for war ; and there was some (though very slight) evidence tending to connect her with persons who were believed or knowu to be partisans or agents of the government of the Confedcat* States. Mr. Dudley admitted, at the same time, that he could not give tbe names »;1 ' Appendix, vol. i, p. 18^ CASE OF GREAT BRITAIN. 315 til his informants. The Captain Bullock mentioned above was, in fact, (as Her Majesty's government believes,) an ofticer and agent of the gov- erument of the Confederate States, but Her Majesty's government had at that time no means of proving him to be such. On the 22d July, 1802, the commissioners of customs received from *be collector at Liverpool the following letter:' [^7] 'Tlie roUector o/viistoins, Lircrpool, to the comminnioucrs of cmtoms. LiVKirpooi., JuJ}j 21, 1862. HdXOBABI.k Sius: The I'liitod States coiisnl, air»oi)i]»iiiiie(l by his solicitor, Mr. Siiiiiiiey, has just been here with tlie witnesses who8(» attidavits are inclosed, reijiiest- iiig me to seize the gun-boat alluded to in your honors' order of the 15th instant, upon tlio evidence adduced to him that the gun-boat has been fitted out by Messrs. Laird, of Birkenhead, for the confederate government of the Southern States. The only evidence of importance, as appears to me, is that of William Passmore, who Iiad engaged himself as a sat'or to serve in the vessel. I shall be obliged by the board being pleased to instruct me by telegraph how I am to act, as the ship appears to be ready for sea, and may leave any hour she pleases. K'cspectfully, (Signed) S. PRICE EDWARDS. I', S. — Notlii'.., h IS boen done to her since my first representation, nor has anytliiug besides coaN be 'ijeil iu her. S. P. E. Inclosed iu this lerter were copies of six sworn tlepositions, which were as follows : DEPOSITIONS. t William I'assmore. of Birkenhead, in the county of Chester, mariMer, make oath aud say as fcdlows: 1. 1 am a seaman, and have served as such on board ller Majesty's ship Terrible liiiriiij; the Crimean war. 2. Having been inform«l that hands were wanted for a fighting-vessel built by Messrs. Laird tV: Co., of liirkenhead, I applied on Saturday, which was, I believe, the ilst (lay of .June last, to C; ptaiu Butcher, who, '. was iuformeil, was engaging meu tiirtlii' haid vessel, tor a berth mi itoard her. '■\. Captain Butcher asked • •' if" I knew where the vessel was going, iti reply to "iiirli 1 told him I di«l not i ';!!!»ly un«lerstaud a'jout if. H-; then told me the vessel was jioing out to oard fighting- -!ii,N, iiid one of them is a man who served on board the confederate steamer Sumter. Itjs w '■■' known by the bands on boartl that the vessel is going out as h privateer for ^ Appendix, vol. i, p. lUti. i. . 3u; TliKATY OK VVASIIINOTON. the coiife(l(!iate };o%'eriiii\eiit, to act against the Uiiitcil Stuti's, mult-r a coniiniji.sioi! from Mr. Jett'eisou JJavis. Three of the crow are, I helieve, engineers ; and thiiv aii' also some Hremen on hoard. 8. Captain Bntclier and another gentleman have l»een on board the shii> almost evrrv day. It is reported on hoard the ship that Captain Butcher is to he the sailing-niiistpr, and that the other gentleman, whose name 1 believe is Hnlloek, is to be the liglitiiij; captain. y. To the best of my information and belief, the ahovo-mentioiied vessel, whitli I have heard is to ho called the Kioridii, is being efiuipped and fiUed ont in order tiiiit she may be employed in the service of the confederate government in America, to crnise and to commit hostili'ies against the Government and people of the I'liitiMl States of America. (Signed) WILLIAM rASSMOKK. Sworn before me at the iiistom-house, fiiverpool, this '^Ist dav of .Tulv, l^lij. (Signed) S. I'KICK EDWARDS, CoUcch,: •^iim I. John de Costa, of \o. 8 Waterloo Koad, Liverpool, shipping-master, make oiitlk and say as follows : 1. I know, and have for several nmnths known, by sight. Captain Bollock, who is very generally known in Liverpool as an aj^nt or commissioner of the Confedcratt' States in Anrerica. [88] *2. In the month of March last I saw i i .v-st(Mimer Annie Childs. wliidi had rnn the blockade I'rom Charleston, en i> o river Mersey. She came up the Mersey with the confederate flag dying at her i '.c; and I saw the Oreto, a new gun-boat which had been recently built by Messrs. W. C. Miller «.V: Sons, ami wliich was then lying at anchor in the river otf Egrcmont, dip her colors three times in acknowledgment of the Annie Childs, which vessel returned the compliment, and a boat was innnediately afterward dispatched from the Annie Childs to the Ureto. with several persons on board, Ijesides the men who were at the oars. 3. On the 22d day of A'arch last I was on the north landing-stage between T ami ' o'clock in the morning; I saw the said Cajttain Bullock go on hoard a tender, whieli afterwards took him off to the said gun-boat Ort>to, which was then lying in theSloyin'. .Tust before he got on board the teiuler he shook hands with a gentleman who was witli him, and said to him, "This day six weeks you will get a letter from me from Charles- ton," or words to that effect. 4. On the same day, between 11 and 12 o'clock, as well as I can remember, I saw the Oreto go to sea. She came well in on the liiverpool side of the river, and frt)ni tin- Princess Pier head, where I was standing, I distinctly saw the said Captain Hullock on board her, with a person who had been previously pointed out to me by a tireiiiaii who came to Liverpool in the Annie Childs as a Charleston i)ilot, who had come over in the Annie Childs with Captain Bullock to take the gnn-b*^ it out, (Signed) JOHN DE COSTA. Sworn before me at the custom-house. Liverpool, thlsSlst dav of .lulv, 186"2. (Signed) S, PKICE EDWARDS. CoUcchr. 3. I, Allen Stanley Clare, of Liverpool, in the county of Lancaster, articled clerk, make oath and say as follows : ], On the 21st day of July, now instant, I examined the book at the Birkeiiheatl dockmaster's office, at Birkenhead, containing a list of all vessels which enter tbe Birkenhead docks ; and I found in such book an eutry of a vessel described as No. 290, and from the entries in the said book, in reference to such vessel, it appears that she 18 a screw-steamer, and that her registered tonnage is .'»00 tons, and that JLitthew J, Butcher is her master. (Signed) ALLEN S. CLARK. Sworn before me at the custom-house, Liveri>ool, this 21st dav of .Jnlv, 18t)2. (Signed) S, PRICE flDWARDS, Colhrhr. 4. We, Henry Wilding, of Liverpool, in the county of Lancaster, gentleman, aud Matthew Maguire, of Liverpool, aforesaid, agent, make oath aud say as follows : 1, I, the said Matthew Maguire, for myself, say that on the 15th day of July, now instant, I took Richard Brogau, whom I know to be an apprentice working in the sbip- bailding yard of Messrs, Laird & Co,, at Birkenhead, to the above-named depouent, Henry Wilding, at his residence at New Brighton, CASE OF (iKKAT I'.HITAIN. ai7 2. And I, till' said HtMiiy Wilding, for myself, say as follows: I am tin- vice-consul ofthfi Uiutt'd Sfatt's of North Aini-iica at Livciiiool. 3. On the I'lth day of .Inly, now instant, I saw tlio, said Kichard l?roii;an and exam- ined him in reference to a ;iun-l>oat which I had heard was beiiijL^ bnilt by the saiil Messrs. Laird iV- Co. for the so-called confederate jroverniiufnt, and the saiil Kieliard Iiro{;an then informed me that the said vessel was bnilt to carry four guns on each sith^ and four swivel-guns; that Captain l?nliock had at one, lime, when the vessel wa.s in progress, come«to the yard almost every day to select the timber to be used for the vessel. That the said Captain ihdlock was to be the cai»tain of the said vessel ; an«l that the said Captain Bullock had asked the sai(» nn'ii, and that :«• able seamen were already cu- ;;aged for her. That the petty t)t}icers foi' f h" said vessel were t(» be engag(!d for three years, and the seamen for tive months. That the said vesscd was then at the end of file new warehouses in the Hirkcnhcad dock, and that it was understood she was to iiikt! her guns on board at Messrs. Laird jSL- Co.'s shed, further nj) tlui dock ; and that it was generally understood by the; men in Messrs. Laird iV Co.'s yard that the said vessel was being built for the confi'deratu was sent by tho I'inted States (iiivernnient to the I'nited .States consulate at Liverpool, that a Mr. .lamesD. JJullock, of Savannah, in the State of Georgia, w ho wns foi nnrly the ii asterof an American steamer (ailed the Cahawba, was reported to have left the United States fositions one only (that of Passmore) contained aiiv evidence which was at once nmteiial to the (pu'stion and legally ad niissible. To rely on evidence of this kind i)ro('eeding from a single witness, without more corroboration or without iinpury into his ante- cedents, would, according to Engli-sh judicial experience, have been very unsafe in a ca.se of this nature. Of the contents of the tive others the greater part was merely hearsay and not admissible as evidence; and they lurnish grounds of suspicion, but not sutticieut grounds for belief. Copies of the depositions were also, on the 22d, sent by ^Ir. Adams to Earl Kussell, with the following note : ' Mr, Adams lo Earl liunHell. Legation ok thk UNrrno Statks, Loudon, July 'Z2, 1862. My Lokd : I have the bonor to trau8init copies of six depositious taken at Livi-r- pool, tending; to establish the character and destiuation of the vessel to wliich I called your lordship's attention in ray note of the 23d of June last. The orijriuals of these papers have already been submitted to the collector of the customs at that port, in accordance with the suggestions made in your lordship's note to me of tli« 4tb of July, as the basis of an application to him to act under the powers conferred by the enlistment act. But I feel it to be my duty further to communicate the facts as there alleged to Her Majesty's government, and to request that such further proceedings may be had as may carry into full effect the determination which I doubt not it ever entertains to prevent, by all lawful means, the iitting out of hostile expeditions against the government of a country with which it is at peace. I avail, &.C., (Signed) CHARLES FRANCIS ADAMS. On .je 23d July two additional depositions were sent by Mr. [92] A. T Sqnarey, of *Liverpool, a solicitor employed by Mr. Dudley, to the board of customs, with the following letter:''' 'Appendix, vol. i, p. 193. - ibid., p. 194. CASE OF GREAT BRITAIX. 321 Air. Sqimrey to Mr. Clorihier, Tavistock IToTKr,, Covknt riAin>KK, Loudon, July 2'.\, l>*tJ2. Sih: RcftiiTiiig to au application which I uiado on beluilf of tho United States (ioviiiiiiiciit, iui(h'i' tho instriictioiis of tlieir consul at Liverpool, to the collector of iiist(>:n-< iit Liverpool, on Monday last, for tin! detention, under tlu^ i)rovit»i()ns of the ;ut ')'.) (leinjje III, cap. f)0, of a steam ;;;un-l>oat hnilt by ^Iessrs. Laird iV Co., at liirken- lit'iid, anil which tliLM'e is no d<)nl»t is intended for the ConftMlerate States, to be used as uvessi'lof war aj^ainst the L'^uited States (iovernnieiit, I bci;- now to inchtse two alli- (liivits wiiieh reached nio this uiorninj; from Livc^rpool ; one made by Robert John Tay- lor, and tlu^ othi'r by Edward lioberts, and which furnish additioiuil proof (d" the char- acter of the vessel in (inestion, I also inclose a case which has been submitted to Mr. Collier, Q. C, with his opinion tlicreon. I learnt this mornin;f (Vom Mr. O'Dowd that instinctions were forwarded vestcrday to tho collector at Liverpool not to exercise the powers (d' tho act in this instance, it beiuj^ considered that the facts ilisclosed in the allidavits nuulo befort; him were not sulUcient to justify the collector in sei/,in<; t!ie vessel. On behalf cd" the (iovcrniaent of the United States I now respectfully reipiest that this matter, which I iitM'd uiitiioint out to you involves conse(|UtMices of the f;ravest i>ossibl(; descriittion, iiuiy lio ((insidered by the lioard of (Mistoms on tlu^ further evidence now addni'iMl, The K""- linat now lii;s in the IJirktMdieail docks, ready ftu' sea in all respects, with a crew of lilty men on board; she may sail at any time, and I trust that tlu; nrj^eucy of tho case will excuse the (H>urse I have adoi)ted of seudiufr thes(* papers direct to the board instead of transmittiujj; them thronj^h the c(dleetor at Liverpixd, and the recjnest whicli Iimw venture to unike, that the matter may receive imniediato attention. I have, &.C., (Si^nied) A. T. St^UAlJEY. The two atlditioiial depositions wore as follows : DKPosrnox.s. 1. I.Edward RiduM'ts, of Xo. (> Vere street, Toxtctli Park, in the county of Lam-astor. >liili-car[H'iiter, make oath and say as follows : 1. I am a ship-carpenter, iind have biM.ni at sea for about four years in that capacity. 'i. Aliout the i»e^iniung of ,fani^ last I had been out ol'(>nipl<>y for about two months, and lieiiriii;f that there was a vessel in Messi's. Laird «fc Co.'s yard littinj^ out to run the l)l()ckaard a vessel lyinj^ there. The said Captain Butcher si»oke to tho boatswain about nn^, and I receivinl my onhns from the said 'luatswain. At dinner-time the said day, as I left the yard, the };ate-man asked me if I was '• j;oinjf to work on that nriiij; the hist fifteen yiNirs I have been Iivin;j in IlieCnii- [y:i] federate States of America, "principally at Savannah and MoliiJe, and since tlif secession niovtiment I hav«! been enj;a;;eil in running tho blockade. I have run tliR blockade six tinu-s and been captured once. '2. The vessels in whicii I liave been engaged in running the blockade have sailed from Moliilc. and have gone to Havana and New Orleans. I am well ae(|uainted witli tho whole of tht! coast of the Confederate States, as I have been principally en'Mi'td Bince 1847 in trading to ami from the (iiilf jxirts. 3. I canu' to England after my release from Fort Warren, on the UDth of May hist. 1 canu> hert) with tho intention of going to tho Southern Siato-s, as I could not get thir? from lio.sron. 4. Mr. Uickarby.of Liverpocd, a brother of tho owner, at Mobile, of the vtsstl in which I wascaptined when attempting to run tho blockade, gave nu) instructions t» go to Captain Kutchcr, at F^aird's yard, Hirkenhead. I had previously called mi Mr. Kickarby, and told him that I wanted to go South, as the Northerners had roblied iiiu of my clothes when I was captured, and I wanted to hav(^ satisfaction. .'). I first saw Cajjtain Butcher at one of Mr. Laird's ofHces last Thursday fortni^lit. (namely, the :{d of July last.) I told him that I had been sent by Mr. Hickariiy, and asked him if he were the captain of the vessel which was lying in the dock. I t^. with the Gulf ])orts, and I told him I was. I asked him what jxnt he was going to, and lie re- ])lied that he couhl not tell me then, but that there would b») an agri-emeiit made lie- foro we left for sea. I iiKiuired as to the rate of wages, and I was to get jL'4 UN. per month, payable weekly. 7. I then inquired if I might consider myself engaged, and ho replied, yes. and that I nught go on board tln^ next day, which I accordingly did ; and I have been woikiui,' on board up to last Saturday night. 8. 1 was at tho siege of Acn> in 1840, in Her Majesty's frigate rique, Cajitain lid- ward Hoxer, and served on board for nine months. Captain Uutcher's ship is pierced for eight broadsidi; guns and four swivels or long-toms. Her magazine is ci.iiiplite. and she is fitted up in all respects as a inan. Affidavit of A. S. Clare ; No. 6. Affidavit of William Pass- more; No. 7. Affidavit of Edward Roberts; No. 8. Affidavit of Robert John Taylor. An application has been made, on tho affidavits Nos. 1 to 6 inclusive, to the collector of cnstcnns at Liverpool, to «lotain the vessel nnder tho jn'ovisions of the act 59 Geo. Ill, cap. 69; but, under the advice of the solicitors to the customs, the board have de- clined to sfiuctiou the detention of tho vessel. H>|rT , * Appendix, vol. i, p. 196. CASE OF GREAT BUITAIN. 323 Yon lire requested to ndvise tlie comhuI f(»r tlie TTiiited StatcN lit Liverpool wlietlier the atliiliivits now Hiiliiniltcd lo yoii would diselose factN which would jiiwtiCy thu col- iecti>r iuioa of the law-otMcers of the Crown. (Signed) J. O'DOWD. Jllv 2;t, IHt)^. Mr. Squarey\s letter, with the additional depositions and the ca.se and opinion, were on the same 23d July sent by the board of customs to the treasury with a su<;oestion that the oi)iuiou of the law-oHicers of the Crown should be taken on the matter. As soon as received at the treas- ury they were sent unotUciallj' to Mr. Layard, who was at the time in tlie ll()us(! of Commons. Mr. Layard, after communicatiuft' with Earl llusseil, sent them at once, by his (Earl liussell's) instructions, to the lawoffieers of the Crown, with the following letter:' Mr. Layard to the law-officers of the Crowu. FonEiGX Offick, July 23, 18G2. Gkxtlkmi.x : With reference to my letter of this niornin}>', sendinjf to you papers leHpeetiiij!; the vessel stated to be iireparing for sea at IJirkenhead for the scrvict; of the ^jovernniciit of the so-styled Confederate States of North America, I am directed !>v Earl Knssell to transmit to you a further letter from tin commissioners of customs, iiielos'.ug ii(Ulitii)iial papers respt'('tin<;- this vessel; antl I am to rcfpiest that you will take '.tieso paiieiij into your consideration, and favor Lord Knssell at your earliest coi>venience with your opinion as to the steps which ouyht to be taken by Her Majesty's yoverii- nieut ill the uiatter. I am, &c., (.Signed) A. II. LAYARD. ('opies of the pai)ers sent by Mr. Sqnarey were on the 2Gth July re- ceived by Earl llussell from Mr. Adams, together with the following letter:' Mr. Adams to Earl Bunsell. Legation of the United States, London, July 24, 1862, My Lord : In order that I may conipleto the evidence in the case of the vessel now fitting out at Liverpool, I have the houor to submit to your lordship's cousideratiou the copies of two more depositions taken respecting that subject. 1 Appendix, vol. i, p. 1U7. II 'l^i .'$24 TRKATV OF WARIIIXOTOX. I Li. Ill llif view wliicli F liavo fiiki'ii of tliis cxtriiordimiry pnicfi'diiiK ns !i \ iil liy llic u|iinioii of tm iiiiiiiiiii luwyi'i' of (iri'iit liritiiiii, a copy of wliirh I *lo myself tli)> lionor likt-wisr to ti'iiiiMtnlt. h'fiicwiiijr, «.V(^, (Sijriif.l) CIIAJMJ'.S ri.'ANCI.S ADAMS. On the L'.">tli .Inly a Inrtlicr dciiosition was received liy the Itoiiid o| enstonis lnun Mr. S(|narey, referred to the assistnnt solicitor of ciistdiiis. and transmitted to the tr«'asnry; Ironi whence on Satnrday, the LMltli of .Inly, it was sent to the toreijiii otlice, ami was on the same ai)ers then Viefore tln'in relatino' to the same snltject. This farther deposiiioi) was as follows:' Affidavit of Hi Hill liiihhn. I. lli'iiry Kfddt'ii, of HofiU sfrt'ct, Livcrjiool, in tln' comity of Liincastcr, sciinijiii, make rfitli ami say as follows: 1. 1 am a scamai). ami lia\c followed the sea for lifteen years. 1 have been IkpiiI- Hwaiii on lioard both steamers and sailing-vessels, and belong; to the naval reserve. y. About six weeks aj;() 1 was enna^iecl liy Captain Mntcher (with whom J liiive)>ic- vionsly sailed) as boatswain on board a vessel then in Messrs. I.aird iV C'o.'s .>>iii|i- bnildina: yard, bill now lyiii;;' in the I>irk<'nhead lloat, and known by the name NO, ySK». 'I'he said Captain Ibitcher otfered me Jt'tO jier month, and said an aurceiiii'tii shonld be si>;iied when we <;ot outside. Ilo told me that we should have plenty ot' money when we ij;ot home, as we were j;oin;;' to the Soiitiieni States on a .speciilutioii to try and jfet some. [()")] *' 1$. 'J'lie crew now cm hoard tlic said vessel consists of about forty men. but 1 believe that she will take to sea about one hnndred men. all tidtl. It is jjcnci- ally understood cm board that slw will cleai' for Nassan, but not make tliat imrt. Tln' .said vessel has all her stores and coals on lioard ready for sea. She is litted in all rr- speets ;is a man-of-war, to carry six broadside-iftins and four jiivots. but has iiofiniisin ammnnitinn on board as yet. 'J'he rules on board are similar to those in use on a iiiiin- of-war, and the men are not allowed to sinjj; as they do tain tbiUock. lie has been sniterintendin<> tin' biiildiiifj; of tla^ s;ii(l vessel in Atessrs. I^aiid iV Co.'s yard, and is, 1 belit've, to take charj'e of t he vessi 1 when we <>('t outside. It is yciicr.'illy un-lth dav of .Jul v, IrTia, before mc. (.Signed) ' ' JOHN STKWART, A Jmlicc of the Peace for the County of Lanmnhr. On tliis dei)Osition tho as.sistant solicitor of cnstoms luid, on the L'5tli July, reported as follows :' I submit a reference to my former lejKjrts, to tlu^ o])ininns oxjiressed in which I fi'il .still bound to adhere. So far from f-iviii}^ aeais to me to weaken it, as, after tln^ lapse of sevtnal rlii.\> sine*; the date of the former allidavits, the api)lii'ants are eont'essedly unable to inakc «)nt a better jnstitication for detainin<{ the vessel. It is. no doubt, diflieiilt to ]troiMii' satisfactory evidenc'c in such a case ; but, in the absence of at least a clear j»'(Hm ,/'"'' cjwe. there cannot exist those grounds for detaining tin- v»ssel which the for<'i};ii- enlistment act contemplates. (Signed) , J. O'DOWD. CcsTOM.s, July 25, 1862. From the above statement it will have been seen that the additioiiiil j)ai)ers sent Mr. Squarey on the -MX were on the same day referred In the board of customs to their ofllcial Jidviser and leported on by lii'n- and were also on the same day tiansmitted by the board, through the treasury, to the foreign ottice and theuce referred to the law-otticer.s »t the Crown. ' Appendix, vol. i, i>. 11)8. OASK OF OUKAT IJinTAIN. 32') It will liavo Im'cii scimi, also, thiit tli« I'lirtlicr deposition n'crivrd on the L**»tli w'iis on that diiy reported on by theollleiid adviser of the lioard of ciistonis, anoited as lollows on the paiiers which luid been anecessively ret'eried to them :' if^iif] The law-offiirrn of the Croini to JCuii HiixHrn, TK.MI'F.I-., ./((?//',»!», H()-». My Loi!i» : Wf m« liiniort'il witli your Iwnlsliip's ((immaiMls si^fiiilicd in Mr. I.Myiiid'M Irtlt'i' III' tli<- '<^:t(l July insraiit. Ntiitin^ that, witli I'll'inMM'f to our ri'iinit of tin- :(()tli iiltiiiiii, lit' was directed l»y your lordship to Irau.sinit to us the a('eoiii)iaiiyiii;;- itaperH, wiiirli had l)eeii received hy the hoard of treasury I'roiii the eoniinissionerH of ciistoins, ciintiiininj; Ciirlhei' iiiforiiialioM respect iii>; the vessel allee-ed to he littiii;;' out at Liver- |i(H)l tor tile service of the so-called Oonfederate States, and to reiiiiest tliat we woiilfl iiikr till' saiim into onr coiisiderati«)n, and favor your lordship at our earliest conven- ii'iu'r Willi oiir opinion thereupon. Tim foniier |>apers on this snhject wia'o inclosed for reference if riM|iiircd. \V(.' arc also honored « itii your lordsliiii's coniniaiids sii;nilicd in .Mr. I.ayard's letter lit' till! v!;>d .Inly instant, statin;; that, with reference to his lettei' of that dali', sending III us papers respecting the vessel stated to he prepai'iii;; for sea at riirUeiihcad, for tho M'lvicc of the ^ovcrniiient of the so-styled Oonfederale States of Norl h America, lie was (lircctiil liy your lordship to transmit to ns a further letter from (he cmiiinis.siuncrs of iiHtoiiis, inclosmy; additional pajiers respecting' this vessel, and to re(|iicst that wo wiiiiiil lake these papers into our consideration, and favor your lordship al onr earliest, (■iiiivfiiieiice with onr opinion as to the stejis which on;;Iit to he taken liy Her .Majisty'M ^ovcriiinciit ill the matter. We are further honored with ycuir lordship's commands signified in Mr. l.ayai il s let- li'i'of the • .Inly instant, stating that he was directed hy your lordship to transmit III lis tile paiiyin^' letter from the hoard of treasury, dated .Inly 'Jll, which your loidsliip 'cived that morning, containing further information respecting the vessel stated lo he tilting' out .at Liverpool for the service of tin; .so-styled Confederate States, and to rciiiicst that we would t.ake tlit; same into our consideration, together with the other pajiers on the same subject which were then lielore us. [%] *■ In ohedieiice to your lordship's eoiumands wu havo taken these papers into consideration, and have, the honor to rcpiu't — Tliiit, ill our oiiiniou, the eviay be, ami to show an innocent destination of the ship. ' Appendix, vol. i, p. 200. 7^ 326 TKEATY OF WASHINGTON. i 4 « In tlio abstMico of any such conntervniling case, it appears to us that the vossel, cargo, aud stori's may l»o iiropeily coudeuiued. We liavo, &c,, (Signed) • WM. ATHERTON. KOUNDELL PALMER. On the same 20tli July the board of customs received from ]\rr. Diu|. ley's solicitors a comnriai)liic message stating that slie had come out of dock the nij^iit before (the 28*^!.) and had left the port that morning-, (the 2l>th.) On the JiOth July the board of customs received from iNIr. Dudley's solicitors the following letter, which was trausaiitted, through the treasury, to tiie foreign oflice : ^ Messrs. Duncan, Sqiiarey and Mackinnon to Mr. Gardner. 10 Watkk Strkkt, LivKurof)!,, Jnly 2!t, 1862. Slit: We talograplic'd you tlii.s morning thai the abovc-naiiicd vt'sscl was leavini; Liverpool ; she eanie out of dock last Jiiglit^ anu steamed down the river between Id and 11 a. n). We have reason to believe that she is gone to Queenstown. Yours, obediently, (Signed) DUNCAN, SQUAREY AND MACKINNON. On the olst July orders were sent by the commissioners of customs to the collectors of custonis at Liverpool and Cork, that the vessel should be seized if she should be within either of those i>orts. On the morning of the l.st August similar orders were sent to the collectors at Beaumaris and Holyhead.' Instructions were likewise sent to the gov- ernor of the Bahamas, that, if she should put in at Nassau, she should be detained.^ On the 30th July, the day after the departure of the vessel, 3[r. Dud- ley wrote as follows to the collector of customs at Liverpool :^ Mr. Dudley to Mr. Edtcards. Unitkd Statics Coxsit.atk, LircriHwl, Juhj :«>, ISCtS, Sot : Referring to my previous oomniunication to you on Uie subject of Ihegunbo.it No. "iltO, lifted out by Messrs. Laird, oi' JWrkenhead, I beg to inform you thai slie left the Hirkeuhead doek on Monday niglit ; aud yesterday morning left the river ncooui- pauied by the steam-fug Hercuh'S. The Ilereules ri'turned last evening, aud her master states that the gun-boat was cruising off i'oiut Lymis ; that she had si.x; guns on board, eoneealed below, and was taking powcler from another vessel. Tile ilereules is now alongside the Woodside lauding-stag(>, taking on board nicii. (forty or lifty,) beams, (evidently for gun-earriages, and other things, to convey down to the gun-boat. A (pumtity of cutlasses were taken on boanl on Friday liist. [97] *Thes(' cireumsfauees all go to eonlirm the representations heretofore iiiatletd yon about tiiis ves.sel, in the faee of whieh I cannot l»nt regret she has \wv\\ per- mitted to leavt; this jiorf ; and I report tlieni to yon tiiat y ) to sea on Tuesday last. T kept in sight of her, in ease* the services of the steam-tug should be re<|nired, until she l;»y to, about a mile otl" the bell bir)y, and about 14 mih-s from the Canning dock. The vt'ssd left her anchorage al)out K. a. m., and I left her between 4 and f) p. m. I saw iiotliiiig on board the shi)) but coals. I rettirned from the vessel in the evening, anil }!'it into the river about/ p. m. ; there wer'' somt^ of Mr. Lainl's vvorknu'U ami riggers "II board ; all of these, I believe, 1 brought back. The next day, Wednesday. I h-it the landing-stage in the river, and took with me from twenty-tive to thirty men. who. T bi'lieve, were to be emjdoyed on boari>r the vessel whi!e 1 was by her. I have never seen the Anmrican (ionsul to my knowledge, I never told him or any one flse that tliey were taking powder (Ui board tiie new vessel, I never was told what sl(e was for, or what was her destinaticm. The piece of wood wliich I liave mentioiu'd was not in any way lit for a gun-carriage. 1 thought it was intended to r"«t the "hip's boat npon ; it was planed and cut out for some purpose, if uut to rest the boat upon. (i^igued) THOMAS MILLER. Sworn at the custom-house, Liverpool, August 1, lS(5ii. •t ' Appendix, vol. i, p. 205. « Ibid., p. 206. \ ■■ <:fc 328 TREATY OF WASHINGTON. The subjoined letters, receivtHl by the board of eustoms from their olticers sit Beaumaris, Holyliead, and Cork, show what was done by tboM- officers in obedience to the orders of the board : ' Mr. Cunnah to the secretary to the cu8tomi<, London. CusTOM-HousE, Hohjhead, August 1, 1862. Sir: Yonr telcj^rain respecting the iron steain-vessel 290 is duly to hand. The vessel is not, at present, within the limits if this ereek. I have arranuod tliat constant wateh shall be kept, so that iniinediat«)iy upon her entering eitiier of tiie iiur- horsor the roadstead she will be seized; and I am now leaving (to go along the coast) to Point Lynas ami Amlwch to make further in(iniries. I beg also to state that I havt; forwurih'd a copy of the message to the collector of ciiHtoms. Htjiiumaris, and the principal coast otlicer at Amlwch. I hav»>, &c., (Signed) E. B. CUNNAH, Principal Count Offuri: Mr. Smith to Mr. (rardner. (JusroM-HorsK, Heaitmarix. .iii'/iiKt 2, ]%-^. 8ii:: On receipt of yinir telegram f)n tlie 1st instant, directing nic to seize thi- stciini- ship 290, r<'p()rtcd to lie olf I'oint Lyinis, I imnn'diately proceeded to Andwdi e.nd insti- tuted imiiiiries, but c()uld get but little satisfactory information. I heard tii:it tJHTc had been a suspicions screw-baik in Motdfra Hoads on Wednesday last: tliat the shore-boats would not be aHow<'d ;ilongsi o'clock the next morning to meet us ; I took a car at Andwch, accompanied by Mr. I'ierce and my principal coast olHcer. iuid )>roceedcd to I'oint Lynas light-iiouse, aiul made every iminiry of the keeper. 1 then j)roceeded to the telegraj)!! station, and on impiiry there ton n«l that the snspe.ted vcs- s(d had not been .seen by cither party since AVednesday evening, when she was ridin;,' in Moelfra Roads. We tluMi got into the coast-gnanl boat and proceeded to MoehVa. and found that a large black screw-bark, or three-masted topsail-yard serew->teaiiiii. with Idack fuiiiud, and no nanu". or ])()rt on her, had arrivd at iloelfra Koails at T.iiii p. in. on 'i'lU'sday evening last, and came to anchor; that a lishing-boat was goini; alongside, and asked if tln^v wanted any (ish; tln> answer from the steamer was, '-No; keep off."' On Wednesday they appeared to lie wasliing the decks and cleaning her, and about ."> p. m. a tug-boat, supposed to belong to the Old Tug Company of Livor- l»ool, went alongside with what was supposed to be an excursion jiarty, the p:i"-seii;,'('rs going on board tht; scrcw-steanier ; there was music on board. The tug-boat reiiiaiiii'il alongside until alxnit ll> o'cloidv ]>. m. the same evening, when she left; the ^lll•n■ pin- j>le coidd not say whether she took the party she brought back again, because it was too dark. At :! o'clock a. m. the following morning, viz, Thnrsday. the serew-steamii' got under weigh and ])roceeded to sea, ami hai not aince been seen by any parties on the sliore along th(^ whole part of that coast They held no communication whatever witii the shore during her stay in Moclfii Koad I am, «Src, (.Signed) W, II. SMITH, CoUntoi: Mr. Caxsell to the secrrtnry to the citstom>*. NUiiii I \m Gnu-boat 290, the subject of telegram from the secretary of customs, 3Lst ultimo, and board'a order, 89/ IHli-J. Clsiom-Hoi SK, Cork, Ainjitxl 4. 1862. SlK : Immediately (HI the receipt of yonr telegraphic message steps were taken for the detention of the above-mmitiomtd vess(d, shouhl she put into this port ; but up to the close of this letter, 4 p, m., she has not made her appearance. I am, &c., (Signed) F. CASSELL, Colleilor. The vessel in faet sailed from the port of Liverpool on Tuesday, the 'JiHh July, betWiMMi U) and 11 a. m. She sailed ostensibly with th« intention of ma kin;:: Ji trial-trip iuid returning;: to her moorings; and, Appendix, vol. i, pp. 207, 208. CASE OF GKEAT IJRITAIX. 329 j09] in order to give an appearance of truth to this *preten.se, a num- ber of persons were taken on board, who, after aeeompanyinjjf her tor a short distance, returned to Liverpool in a tn;r-boat. She liad not l)eeii re;»istered as a British ship, nor haov<'rnment was equally without nu'ans (if kiiowiedj^e. It will have been seen, however, that orders to detain her were sent by the jjovernment, not only to I iverj)ool, whither it was still Dossible that she mij^ht return, but lo i»<^her ports, whieh (or the roadsteads adjacent to which) she mi<>ht juobably enter before juoceed- iii;; to sea. She did in fact enter a roadstea*! on the coast of North Wales, which lies at a considerable distance from both IJeauuiaris and iiolyliead, but had to Mr. Seward. Legation of thk Uxited Rtatks, London, AiKjHHtl, 1802, Siu: III Tuy (lispatdi of the .lOtli July I brought down the iiiirrativo of tlit^ iiro- ceefliiif;.-* in tlic case of the giin-hoat No. 290 to tht^ nioriiin<^of tlic "ilUh. Lnt»r in the day I st'iit another telej^rani to Cajitain Craven, K'^'''>f? further intelln^tMU'e fioiu l.iv- erpool, nr;x'")i hi.s departure from Southampton; also, that lie should let me kimw Ins next movements, ami cautioning him about the line of Hritish .jurisdiction. To this inessajje the cajitain immediately re|died, annonncinjj his departure at "i o'clmk. and Lis intention to touch at Qneenstown for further infornnitiou. On the :Mtii of .Inly I wrote to Captain Craven, by mail to Qneenstown, K'^''"f? fuller details, reccived'at lialf-jiast 11 o'clock from Mr. Dudley, tonchiiifi; the inovenieutsof the <;un-boat oil'Pojnt Lynas on that day. Karly on the mornin{f of the 31st I sent a telej^ram toCaiitain Craven, at Qm>eustown, aitprisinj; him that No. '2U0 was said to be still off I'oint Lynas. At about 10 o'clock p. in. of that evaning I received a t<'le me." It may have been of use to the Tuscarora to have obtained repairs at Southampton to put lier in sea-worthy condition. Hut had I imagined that the cajitain did not intend to try the sea, I should not have r I'-ei. the responsibility of calling hiui from bis station. I can only say that I shall not attempt anything of the kind again. I have, &c., (Signed) CHARLES FRANCIS ADAMS. Ciijitain Oraven'.s failure to intercept the vessel ai>i)ears to have beoii regarded by Mr. Adaius as evincing remissness and dilati riness on the l)art of the former, and a want of the promptitude and jud lament which ought to have been used under the circumstauces of tUo case. It is probable, indeed, that he would liave succeeded in intercepting Irt if he had used the needful activity and dispatch. For some weeks after the sailing of the vessel (which, up to the time of her departure, had continued to be known only as "Tlie 21)0," from the number which she bore in the builders' yard) nothing more was heard of her. On the 1st September, 1803, a steamship named the Babiiina, which, on the 13th September, had cleared from Liveriiool for Nassau, returned to the port and was entered as in ballast from Angra in till' Azores. On the 3d September, 18G3, the assistant collector ol customs at Liverpool sent to the board of customs, with reference to this ship, the subjoined letter and inclosures:^ ' Appendix, vol, i, p. 208, CASE OF GREAT BRITAIN. 331 Mr. Stuart to the commisifioner? of customs. CusTOM-Hou9E, Liverpool, Sejytembir 3, 1862. HoxoRAurK Sirs: With reference to the collector's rojtort of the 1st nltiino, T beg to transmit, for the iiiforination of the hoard, the iiiinexcd reports from the surveyor and assistant surveyor, detailing some information they have obtained respecting the inin-lioat No. ii'JO. I also ini-lose a speeiticati<»n of the cargo taken out by the Bahama, and Mliich there a[tpears no reason to doubt was trai^f'-rred to the gun-boat. KespeetfuUv, (Signed) W. G. STUART, Asshtaiit Collector . [Inclosnre 1.] Mr. Hussey to Mr. Stuart. L ^'Kisi'OOL, Nelson Dock, Septemhcr 2, 1872. Sir: I beg to state that a steamship called the liahama arrived here last evening from Aiigra, (the caj)ital of the island of Terceira, one of the Azores,) having pre- viously cleared from I^iverpool for Na8.saii. In consequence of a paragraph which appeared in the newspaper of this morning in reference to the above vessel, I deemed it expedient to send for the master, Tessier, and to iiHiuiio the nature of the cargo shipped on board in Liverpool. He states that he received sixteen cases, the contents of which he did not know, but presumed they were anus, iVc, and, after jiroceeding to the above port, transferred the sixteen cases to a Spanish vessel, and returned to Liverjiool with a tjuantity of cojxls. The mast' r also states that, when off tht Western Islands, he spoke the confederate ;;nn-boai Alabama, (No. 2'J(>, built in Mr. Laud's yard at Birkenhead,) heavily armed, having a 10(i-poun Con. federate States, ller clearance antl departure presented, so far as ih-r INIajesty's ^ovennneiit is aware, no circinnstanees distin'Miisliiiij^ Ikt from ordinary blo(!kade-rminers. No information was e\.. iiiven or representation made to Her Majesty's j;overnnient as to this ship, or her cargo, before she lelt Jhitish waters. Uut even had a suspicion existed that the caroo was exported with the li.;; iition that it should be used, either in the Confederate States or elsv where out of ller ]Majest.y'.s dominions, in armino- a vessel which had been uidawfully lifted in Eiiff- land for warlike enii)loyment, this would not have made it the duty of the oliicers of (uistoms to detain her, or empowered them to do so. Such a transaction is uot a breach of Enolish Jaw, nor is it one which iler ]\Iajesty's government was under any international obligation to pre- vent. On the .Jth of September, 1SG2, Earl llussell received from ^Ir. Adams a note inclosing a letter from Mr. Dudley, and also a deposition i)ur- l>orting to be made by one Redden, a seamon, who had sailed in tlie Alabama on her outward voyage, and had returned in the Ijahama to Liveritool. The note and its inclosures were as follows:^ Mr. AilaiiiH to Earl llusHell. LlAlAJ'IOX Ol" TMl': UXITKl) SrATKS, London, Sc2)tt'nihcr -1, 18G2. My Loi!1>: I have the honor to transmit the copy of a letter received (Voiii the consul of tlie United States at Liverpool, to^jether with a depositi()n in addition to tiu; others already submitted witli my notes of the 22d and '24th of .luly, ^'oiufi; to sliow tins further j)ros(!cution of the illeji[al and hostile measures a;>ainst tlie United Statcsiii [102] connection with the outlit of the gun-boat No. 290 from t\ui port of 'LivurpDul. It now ai)])ears tiiat sui)i)lies are in process of transmission from Jiere to a vessel fitted out i'rom Eniratieal intent te burn and destroy tlie property of the people of the country witli whieii Her Majesty is in alliance and friendship. I pray your lordship's ]»ardon if I call your attention to tlie fact tliat I have not yet received any reply in writing to the se", (jral notes and rejiie- sentatioiis I have had the honor to submit to Her Majesty's governn)eut touching this (lagrant case. Keuewing, &c., (Signed) CHARLES FRANCIS ADAMS. [luclosure 1.] Mr. Dudley to Mr. Adams. UxrrKD Status Consulatk, Lirvrj)ool, Septcmlnr \i, ISCt'i. Sir: I have just obtained the affidavit of the boatswain's mate who shipped in mid went out in the No. 290, now called the Alabama. I inclose it to yon, with bill for liis services, signed by Captain Butcher. He returned on the Bahama. Ho states tliat the Alabama is to cruise on the line of packets from Liverpool to New York ; that Seiiiines told them so. This may have been said for the purpose of misleading us. The hark that t«)ok out the guns and coal is to carry out another cargo of coal to her. It is to take it on cither at Cardiff or Troou, near Greeuock, iu Scotland ; the bark to nieet ' Appendix, vol. i, p. 209. CASE OF GRFVT ]$KITAIN. 333 tlio Alabama near the sniiic island wliere tlu* armament was ])iit on lioanl. or at least in tliat iiei};hl''"-lioo(l. Tiiero will be no ditliculty to get other testimony it' it is re- ([iiiretl. I am, &r., (Sif,Mied) TITOS. H. DUDLEY. I>. s.— There were two Anieriean vessels in sijrht when they parted with the Alabama, wliii'h Captain Seinmes said he wonld tak,-. Tiiey no donbt wi're taken anil d(!stroyed, tlm (irst-friiits iVom this vessel. T. H. I). [Inclosnre 2.] DipoftU'ion of H. livddin. Ili'iny Kedden says : I residt* at 1(1 Hook street, Vanxhill rn.'id, and am a seaman. In Ajdil last I sliipjied as boiitswain's nniteol'a vessel lyiiiy; in Laird's doek at l'>irk- ciilicad, known as 'iW, and worked on lio.'ird nntil she sailed. We saili'd from Liverpool abont 'J'^th .Inly ; Captain Ihiteher was master: Afr. liaw, a Kdiitlierner, was mate ; Mr. I^awrenet; Yonn;; was parser. A Ca])tain I'liiJIoek went (lilt with as, bnt left with the ])ilot at Giant's Cove, near Londonderry. Tin're went live ladies and a nnndiei- of gentlemen went with ns as I'ar as the ISell onoy. AVewent • tiist to Moelfra Bay, ne ir I'oint Lynas, when we anchored ami remained abont thirty lidiu's. Tlie Herenles tiij; bronfj;ht down abont forty men to ns there ; noiiiinn' (dse was tlii'ii taken on board. Her crew then nnnd)ered ninety men, of whom thirty-six wen; siiilors, Siie iiad nojvni.son board then, n«)r )iowder nor iinunnnition. \\'e left Moelfra ISiiy on tlie 'Jhursilay ni;;ht at 1*2 o'clock, and steered for (he North Channel, ^'>■e dis- cliinjiid ('ai)tain Unlloek and the i)ilot on .Satnrday afternoon. We lirst steered oown tlic South Ciiannelas faras Hardsea, when we 'hont ship and steered north. Fi'om I'erry wfcinisfd a lion t nnlil we arrived at Anfjra.ehsven days a Iter lea\in<;- lT(dyhear(m;;ht two IlV-iionnder jiuns smooth-bore, and two safes lull of nniney in gold. Site ha;i a safe ;t alongside of her, and discharged the guns artinent, but, as yo\i were informed in my letter of Iht; 'hic message was fowarded to Her Majesty's govern- ment stating that the vessel had sailed that morning. Instructions wen; then dis- patcheil to Ireland to detain the vessel should she put into Queeiistown, and similar instructions have been sent to the governor of the Bahamas in case of her visitin;; Nassau. It appears, however, that the vessel did not go to Queenstowu, as bad boeii expecteularly cleared for Nassau in «'oinidiance with the customs laws, our (tttiftrs {(luld luive no jiower to interfere with their shipment. Witli reference to the further statenu-nt in the letter of Mr. Dudley, the consul of tiic United .Sfiites at Liveriiool, that the bark that took out the fjuns and coal is to carry out anoliiei' earjio of coal to the ^iin-boat 's have been the A^rippina, McCJiieen, master, which ai)pears, by the regi.ster of eU'arances iit'pt in tlie i)ort of London, to have cleared from that port for J^emerara in Aiifjust. ISOli. Her iJritannic Majesty's fjovornment lias reason to bcMeve that Butclicr, while the vessel afterward called the Alabama was in the waters of the Azores, falsely stated both to the Portnyuese ofticiais and to the liritish vice-consnl that she was the steamship Barcelona, from London to >;a.ssan, and that he desired only to coal the vessel in smooth water, having" no occasion to commnnicate with the town. These false statements were made in order to escape interference on the part of the authorities of Terceira. Depositions i)urporting to be made by other persons who had taken service in the Alabama, and had afterward left that ship durinto(iil Home days, when we found wtf were ;ioini;' to the Western Isles. 2. Aliont the I7th or l^th of .\nf;nst, we arrived at Ter<'(!ira, and we tlii'ii^ fniiiid tin- Alabama and thr bark .\;^rippina. Captain liutcher, who was on board tin- Mil) uii i. liaihMl ns and told ns to ^o round the island, and he wonlil be after in, lini it wniilil take them tlir.'e-(|narlers of an hour to jjet his steam up. We >« eiit on, and in- f.illiwcl ' " 1 MIM, til.. , . "in.iiiiiiijr, In tin- mornin.( w.- went alonj^^ide the Alabama, and som ■ sm ill ea-n'-i .unl asij. ns, and tlK^.Vhiltainawont under the lee (d'tho island, ami. isliol was lir il [lO.'i] liahanm's bows from a battery on shori-, so wt- stoppi-d out iinlil tli.' containing monry was passed into the Alabama from oiii' ship, and we then p utiil im,! tundiored a lit tie distanei; from her, and the. I»ark A^rippina went an.l dis •imi'iji'il the remainder of hrr ear;.(o into the Al.'ibama. Dnriny; tiiis time Captain .-s Mniie-s ami Captain liiillofd; were f;(dn;^ ba(diiitiii;' to fill! Alabama :) "she, is as fine a vessel as e\-er lioated ; there is aeh.inc,- which si'l.l nil offers itself to a Mritish si^aman, that is, to make .a little money. Iain not ;,'i)j;i;,' t.i ]int you .alongside of a frijjate at first; but irftcr I have jfof, yon drilled a litlh'. I wjH yive you a nice little fi<;lit." He said, " There tire only six ships th.af lam at'iMiil ni' in th(! rnited .*^tafes Navy." He said, " We are f^oinji; to burn, sink, .and drsn.iy tli.. commereir of the rnited States; your pri/e-mmiey will be divided propi)r(ini;ifcly u... cordinj; to ea( h man's rank, .sonn^thinjf similar to t\u^ lhi;j[lish n.ivy. .^oineof the iii..|| objecfed. I»eiii<; naval ii'servo men. Captain Senimes said, "Never mind tiiat. I will make flial allrijiht: I will imt yon in Knyilish ports where you can ^^ct yoiir Imok signed every three months." He then said, " Tlu-re '.s .Mr. Kell on the deck, ami nil those who are .desirous of f^oinjj; with me let+''ein <;() iift and ijive Mr. Kell their iiaiiii-;." A jtreal many went aft, but some refused. A boat eaine from the Alabama, .iinl tlids.. ■who had agreed to <^o went on l)(>ard. Captain Stanmes .and the oflicers went on licifd. !Mr. Low, the ioiirth lieutenant, tinm appiiared in uniform, and he eame on board tin- ISahama. eiidiMivorinij; to induce the men to comi; forward and .j(»in, and h in fi;etti!i!; fiie l)est part of ns. I was oiu! who went at the last ininuti c siii'cei'ili'i w I fj.lt on board the .Vlabama, I found a jj;reat niimbi'rof men that hail j^.)ne on b:)i:d of li fnnii Liverpool. (Japtiiin .Seinmes tln^n iiddressed ns on board thi' .\lal)am:i, a'l I ('a|i- tain Hntcher was there .also, who had taken the viissid out. Caytiiin S^-inin-s said li.' hoped •• we should all eouteut ourselves and be ci)mfort;il)le, one amni;^; !iai)t!ii'r; hut any of yon that thinks he cannot stand to his f^nn I don't want." II ■, th.-ii callc 1 tin' imr.ser, and sindi as iiji;reed to serve si^fiied iirtieles on the companion-hatch, aad (iii si}{nin;;fhe men received either two months' jtay in advance, or owv monlli's wa^^esainl a half-i>ay note. I took a month's wiiy;es and a half-pay note for Jl':? lu..*. a niuntli in favor of" my wife, .Martha Latlnim, ID Wellinjftou street, .Swansea ; f he not ■ w.is drawn on Fraser, Tn-nholm & Co., of Liverpool, but it was paid at Mr. Ivlin<;endei's. in Livcr- jiool ; the note was si and this half-pay note ashori! l>y C:iiitaiii Hiil- loek, .and he forwarded it with a letter to my wife. ;{. t'aptain I'ulloek, on the passajje overinnent be- lieve.s it to be trne that the vessel known at first as the !il)0, and after- wards as the Alabama, having? left Her Majesty's dominions niianned, was armed for war after arriving at the Azores, either wholly in Portu- gnese waters, or partly in Portuguese waters and i)artly on the high seas : that her crew were, after her arrival in the Azores, hired and CASE OF OKEAT 1U{ITAL\. 337 sifjiu'd nrtit'U's for service in the eoiiftMlerate navy, eitlier in I'oi tiijjiie.se waters or on tiie high sea.s; that Captain Senunes took conmiantl of her alter she arrive«l at Ishb Azores ; and tliat, after slie had been armed as afidesaitl, she was coniinissioned (l>einy' then out of the dominions of IK'i' IJiitannie i\[a.)esty) as a ship ol' war of the Confederate States. Jler (iiptaiu and otlicers were, as Her Majesty's government behevea, all Aineriean citizens, and were at the time eommissioncd ollicers in the (oiiliMU'rate service, except the assistant snrfjcon, wlio was a British suhjeet. .John Low, one of tl«e lientenants, who lias been stated to have Itccu ail ICiij;lisliman, was, as llcr Majesty's |i>dvcrnment believes, a citizen of the State of (leorjiia. Of the <'ommoii seamen and petty olli- cers Jler Majesty's government believes that a consideraltle nnml>er were Ihitish subjects, who weie induced by Captain Semmes (himself 4111 American citizen) to take service under him; but the slii[>'s company was afterward largely increased by the addition of many American seaineii, drawn from the crews of United States vess<'ls captured by the Alabama during her cruise. In this way her crew, which is stated to liave numbered about .S4 men when the ship left the Azores, had in- creased to nearly 150 when she ariived at Martinique. Ill the above-mentioned deposition of .lohn Latham, which was re- ceived by Her iNLijesty's government from IMr. Adams on the 13th January, 1804, it was stateanyin;; list of the crew of tlie Alabama ; but oi' tiiJN I have no proot'. A Hcannin of the name of Michael Mars formerly belonfjed to tlio royal naval rcscivr. but ho was discharged from the force, in coiiscquenc^e of having Joined the Ahil)aniii. With regard to tlie remaining sixteen nnui, who are said to be iiieiiibeis of the invnl naval reserve, I have* to state that I have not been able to trace tiieni in our Imoks liy the names given. No persons of tho natncN of William Itrinton, ISrent .lolinson, Sanniel Henry, Joiin Duggan, JoHejdi Connor, William I'mdy, Malcidm Macfailanc. .biini Kmory, William Neviiis, and William Ilearn, have been enrolled in the rttserve.aiid 1 am unable to iiuh'iitil'y as members oft In; royal naval reserve th<^ seamen serving MII!AI.TY, .//(/.(/ v'7, 1^(1!. SiK : I Jiin c(Miiniaiided by my lords CMunmissioiiers of the admiralty to ai(|Miiiiit you. for the iiifoimation of Earl Russell, that the board of trade have snccriiiiMl in iilentifyiiig three of the late confederate shij) Alabama's men as naval-resei ve nu n viz, Thomas McMillan, Peter Hughes, Charles Seymour, and that their liu(l.sliii)s l.iiM «)rdered them to bt; dismissed fi(mi the force. I am, iVc, (Signed) W. C. IfOMAINK. [107] *Witli res])e(*t to the o:rojit('r niiinbor of the iiauu's ciifcrcd in tlie aloresiiid .schedule, if was iomid that no jjersoiis heariii;: those names had in fact been enrolled in the naval reserve. The subsequent history of the Alabama, so far as it is known to Ikr Britannic ^AFaJesty's ooverninent, from the reports of its colonitil olliceis and irom other sources, is as follows : On or about the 18th of November, 18(52, the Alabama ariivcd »: Martinique, and anchored in the harbor of Fort de France, wlicic she received i»ermission from the governor to remain for such time as slio needed, and to land her i)risoners. Her IJritannlc Majesty's consul iir yaint IMerre, in a rei)ort made at the time, stated that shortly beloiv lier arrival, suspecting that preparations were being made for her to coal there, he had communicated the grounds of his belief to the gmenioi. The following is an extract from the report : I next doeui it proper to acquaint the govornor with what I had .just leaiiiitl. H'' did not Hccni nun li siirjuised, and observed that, if the Alabama came into imrt, li'' ■would act exactly as he had dor.e on a former occasion in the case of the Sninter, wlitii the French govevuiueiit had altogether approved of the measures he had taken in n- gard to that vessel. The Alabama remained at Fort de France till thfe evening of the I'Jtb,. ' Appendix, vol. i, p. 2i<7. CAHF. OF (JUKAT HKITAIN. ;»;{!) to llt'l <»tli<'Ois lived ;i: lii'ic sl»' the lOtli.. when slio put to sea, eliuliii«j tlie piiiHiiit of tlie United States war- steuiiiei- Sail tFa<'iiito, which was keepiiifj wat\SE, .hiiiiiarn 2\, lHii;{. SiH : 1 liiiv»( the lioiior to ii(kii(»\vl('(l;;ii tlu' rtM^flipt <»f your Icttt^r of tlm '2\H iiiHtant, and \»'ii to ac<|iiuiiit yoii, in ri'ply, that, haviii^r consiiltfil with the atloiin'y-yi'iitMal, 1 (1(» not set) any jiioiiiulH lor ohji-ctinf^ to thu lauiliiii; of the inisoiicrs taUfii hy thu Alaliutiia. ('(iininoii hiiiiiaiiity woiihl (lictutci such n iMinnisHioii bcitij; };rantt'(l, or otliiTwine I'l'vcr or ii»'stil(!nct» nii;;ht arise from an ovcrcrowth'd ship. rroliahly tht^ best coursf wonhl ho to rei»ly to Captain Si'niuics's apiilitation, iliiit this ffovfrnnicnt will not intorfero with his huuliny any persons lie may tiiiuk InolitT. Of fours*', onee land*!)!, no perscms conUl he rc-oniharked aj^ainst their will from Hritisli soil. I have, &c., (.Si',MU'(l) yi. KYKK. The following; letters, addressed by Coniniodore Dunlop to the vice- udmiial in coniniand on the West Intlian station, contain an ac(;oniit of what occurred in relation to the Alabama while she reiuainerove«l to be the screw nun-vessel Alabama, under the so-called Confederate States llaj;. •J. On tho uiorninj:, of the *ilst her cuinmander, Captain Senimes, called on me and askwl for permission to land 17 otticers and 101 nuui, the crew of the late United Status ;;uii-V('ssel llatteias, which had engaf>ed the Alabama twenty-live miles southeast of (Jalvi'stoii, Texas, durin;; the nij;ht of the llth of Janu.iry, and was sunk. The action, ac('onliu}{ to Cai>taiu Hemmes's account, lasted from i;J to 1.") minutes, when the Hat- tcriiH, beuifj in a sinkin<^ state, ceased liriu};, and the crew were, nunoved on board the AlahiUiia, which therti was just time to effect liefore tho Hatteras went down. ;!. In answer to Captain Hemines's application to laml his prisoners, 1 replied that I had no authority to ^ivo such permission, but would immediately inform his excel- lency the lieutenant-governor of his request, ami ht him know the answer 1 received as 80011 as possible. 4. 1 have tho honor to annex co])i«!s of my correspondisnce with his excellency and his rei»ly, relative to landing the prisoners, also copy of his excelhiuey's letter [1U8] to nie, to notify to the captain of "the Alabama the instructions contained in the !?tl paragraph of Earl Kussell's dispatch to the Duke of Newcastle, ami my reply thereto, as well as a copy t)f my letter t(t Captain .Semmes, inclosing a copy of the :{d and 4th paragraphs of the dispatch referred to above. i'). Captain Semmes then stated tiiat he had six largo shot-holes at the water-line, which it was absolutely uecessary should bo repaired before ho could proceed to sea with safety, and asked permission to receive coal aiul uecessary siii)iilies. The neces- liity of the repairs was obvious, and I infunued Captain Seniiuus that no time must be lo8t ill completing them, taking in his supplies, and proceeding to sea in exact conform- ity with tho spirit of Eurl Kussell's dispatch. Captain Sdiuiuos gave me his word of honor that uo unnece«>«ary delay should take place, athling, " My interest is entirely m accordance with your wishes on this point, for if I remain here an hour more thaii ) '. '.'♦■'ji . .Ill ■tw 'Appendix, vol. i, p. 265. aibid, p. 264. 340 TKEA'IV OF WASHINGTON. Clin lie ;iv<)i(l«Ml I sliall inn tlu> rink of fi»aiii(sh Tinvn, it was not nnlil the eveniiiirot' tiii IJlst that jiermission to do .so reached Cajitain Semnu's, and too late for tlieni to U landed that ni<;ht. The crowded state of the vessel previons to the landing; ot tlu' jirisoners on the morninjj of the 2'M made it dillieult to jiroceed with the iicceHiMiiv repairs, and no donltt caused some nnavoidahle delay. As soon as thc-se repairs aic comjdeted the Alaliama will proceed to sea. I .'im, Ac., (.Si<,nied) HVCH DOM.oi', ( oiiiiiindnic Dimloj) (el Ilatteras the wexr mornii);^, at Ih reeeivinji a .>npply of pros isions ami coal. (■i-i\i'i ■anie tiiii< :i. 'I'he lientenant-;;os crnor's ]iermissioii loi tin; prisoneis to land not ha\iii^ rcMcl me nnlil the e\eninu of the "ilst, thev ton in shore-lioats, which were pros idcd iiy tin United States eonsni. 4. The commander of the late I'liited States j^nn-vessel Hatteras did n it call w. me. or send me any eonnnnnicalion whatever, dnrin^ his stay in this island. ."). At i.>.;U' on the moiniii^i ot' the 'Jlst. the cai)tain of the Jason waited on nie iiia>i if 1 had any olijections to oflicers of the shijis iu harltor j^oiny on hoard the Alaliaiim: to which ] answeretl that as it mi^ht he Inirtfnl to the feelin;; of tht; oflicers and iiitii lirisoneis on Imartl the Alahama. on no aceonnt ^\as any one froi.. any of Her Majcsl;,'- ships to visit that \essel nntil alter all the prisoners were landed. ti, It liavinj^ srihseipiently heen reported to nu) that some to the taue n '' Dixie's Land " haviriL', been played onboard the (JreylKUiml shortly after tli« j\1;i bau»a anchored, and copy of a eorres|)oudence between him and Llentenant-Coiii matidor lUake, of the I'nilcd .States Navy, relative to the ^ame. After the exiilaiialiim that took phice liientenant-Comnnimler JUake expressed him.self to CommiUKler ley as perfectly satisfied that no Ihitish ojlieer or |u;entlennin would have been jj" of insultiuji tiallaiit men snlVeriny,- from u misfortune to which the chuuecis of warren- tin \\\\ «ler all liable. I severely reprimanded the lieutenant of tlie Greyhound who orderuil coufeder.ite air to be jdayt^d, and he exiuessed his rej^ret for liavinfj doi'"so. It. 'I"he fractures nmde'by six larjjo shot or shell near the water-lino of the Alaiwini reijuired extensive lejiairs" which coidd not he completed by the uuskillfnl worknun hired here iH'fore late in the atternoon of the 'Juth, and the Ahibama siilcd at ^M^''^ the name t;venin«x. 10. In comlnsiou I have ra/il by making prize of I'nited States vessels vitliiii the tcnitoiial waters of the empive; insisting th;it it was the duty of tlie Kinperor's government to cap:ure her; and tlireateuing that if this wnv not done the IJrazilian g(>veriiinent should bf held res[»osi- Iile ii.v the (Iovn";cr> <> f A uii-ricm vessels sidii is coidiallv ;^ranted. The i'ldi'ida lanils licr iirisoncrs. oClici'is, ercws, and pa ifMifd and iMirncd, and i»itt dmIv asks and ri-i-cis'i's p.Tinission loc tal and i>iirrli;is(' |»ri>- ms. Itnt t'iMtin'i' asks to l>i' alliiwrd wliatrver time is nci-fss.-ny to rf)iair her fij^ino vlit for lifi iirk id' dtstrn<'iit»n ; and in di'liancf id" lUi'Suli'nm and must eai'iicst liiolcst id' tiic consnl of til'' I'nitcd States, tliis ]>r vileiie is ai-enrded roller liy tile governor ot' I'eniandmro, fVoin a desiie tiol lo iii'ioii to remain. She ar- livi'd cm the 11 til and was still there when the iniieinie sailed on thv- llrli. Tin? eoii- -iildt'tlie I'nited States prote^teil a;^ainsf hei' pi-esence. anil diMnanirate. The i^ovceuor •il' lialiia sends to the i:nitera/i ithin t weiitv-foiii liiMii 'Vimr of Hihia thus demonstrates that In Tlie irii now. the piratical (diaiaeti-r ol this <,'esH< iiid is familiar with her violation of the soverei'^nt'. of ISra/.i! !iy destroy in ij Amcri- .111 vessels within the waters of that empire, lie knows, to.), tha*^ the imperial i;ov- ' ruiiu'iit. hy its acts, had i>roelaimed this pirate ;;uiltv of violations of its sii\ erei-^nty, : ml (irileicd him to leave their port of l^'eriiaMdo \or>iilia; and yet he deliherately I'TMiits lain to I .Iter the pi>rt of Mihia. rel'iises to re^j.ird the proteit of oiu i-onsiil, uiitl, .It tlie lust accounts, had harhored him four days without pretendliij^ that hi.s prcseiiCL' viis lint aece])tahlel iluis. at this inoinoiit. the ]iorls of Brazil aii' made harbors of retake and places cd' ii'siirt and departure for three piratic. il vessels, av '\edly desijrn,.(l ut prey iiiion tin niiMiiier.-e of the I'liitcd States. Tin Uers of I5ra>ril are \iol.tted with impunitv in This piratical work, and after the imperial ifovernmeut had adniitted and di'clared its iiiiliy;iiatioa at siieh violalion ol' sovereio-nty. the ;iuilty it.irly is received with liospi- 'alily aud tViendship liy the ;ro\ernor of K ihia. and iiiste id of In iiiLi; captured and iiii- I'lisivueil, ;iiid his ve ssddetaiiied. he is feieil, and supplied with the 111 I eee!i captured, and the persons mi hoard loMtcd hy the pir.ites of the Alahaiiia. limiila. and (Jeorijia. and they have heeii compelled, in the itorts of a friendly nation. t" witness final- cloth.iiijx m"' Jewtdry. and even family relics, sold on the wharves .and M llie streets of Haliia and I'ernanihueo, hy their iiiratieal captors, at a tenth of thidr value ; while the ]Mratieal vessels and all on hoard were ii'ceiM'd anil treated as friends, iiiiil sii|t;ili(M| with the n ssary materials to contiiine their iiefarioiM practices. The "ii'ties whii h hisloiy infoims us were rife in the seventeenth century, in the isl.inds of iiK) \V,'t Indios, are now l»eiiiy; oiiai^tiid in this tli' nineteiiiith century, in the ports of 'la/ii, and that tliroii;;h no laiilt 4d' the imi>erial j; >vernnieMt — wliiidi has already il'PHP it,s whale, duty as r.ipidly as eiroiimstaiices h ive p ■nnitti'd — tmt 1». 'cause the jj.iv- tTiiorw (if I',.nin,iil)ii(>o ami liihia, in thidr .synipithv with piracy and pirat-is.lnve wg- i't*'d till ir duty to lwin-i.-» til iiu' (■iiiimc. Till' jfovcriiiiKMit «)t" ISra/'il, by it.-4 :i( ts. Ii;».s ]iri>cl:tiiiii'il tlii> I'act; uiid, most nssiiicdly, if, when it lias Mii- )>o\vi'r to <1<> so. it docs not capnim and dctiiiii the olVi'iiilcr, it iiiakt's itsclt'a i>arty to liis act.s, and foiiijii'ls tiio (iovi-iniiu-nt nl tli<) Tnitt'd S^tati's not only to looU to IJra/.il lor coinin'iisiitiou lor injuries daii ■ ' coniniercii witliin its waters, hut also to hold JJia/il responsild it til ii> lor permit tiiii; thi^ VX'llllllTltV' 1(1111111 lIi~T litll^in^ iriklitll>^ir t.«7 ll\'11t AH tlf-H i^r'iT\nirntPi\ n't t'^lttlUKMX'' til l»irat(! to jiroeeed in ills depredations njion AnuM'iean couuneree. [110]- "TIic undersi;[;ned does not. visit upon the imperial ijovernnient the eoiidnct i its jroveriiors toward the Florida and (ieorj;ia, well knovvinir x\m\ it will, ; heretofore, do its dnty in tln^ premises. I5nt the ease ol" the Alaliama is a very di lien i one. .^he lias violated the neutrality and ontra^jed the sovi -reij^nty of lira/il, i)v t\\ turin^I and hnrnin<; Aineiiean v«'ssels in Hra/.iliau waters: and if, when I5ra/il imss."*-! the altiiity, and the opportunity otJ'eis, she does not take pos.-i >sion of her. a.-isnn-filv the fjovernment of Urazi! assumes the res)(on.siliility of her ai-t-^. and tin* I'niteil Sf.ito Avill he eonijielled to look for vdress to Hia/il, as she did to rortnjiul iu the ea^eot flu General Arnistronj;. Tlio fotii'so takrii by tlio ITnit('ra/il rojtlicd as ful lows to the complaints of tlic inini.ster of f!ie I'liitiHl 8tatcs;' 7/'( M(iiip:is d' .Ihniiilis In Mr. fiihh. |Traii>hilii>i). Mini- I in in FuitiK.s Aikau;s. Hi" tie thiiitho. Mil II 'SA, isi;;. I hasten to aeknowledj^e the- reeeiition of the note whiili, under dale of the vMst in- stant, Mr. .lames Watnon \\'elili, envoy extraordinary and niinistiT i>leuipot('ntiarv nl' the I'liited Slates at this com t, has done me the honur to aildie.v; tome, wiihavn^' of calling my attention to a serious violation of neutrality \^ iiieh ha> In-fO pciiieUiili'il, anetrateits ol I'eniamhiieo and ISahia. Mr. ^Ve^h, in referring; to the ]Ud( eediiij^s ol'ihe lll■e.^ident> ot -^aid proNinci-. towan! the steamers of the Confederate ISlati's wliieh eome into their ports. aeeu>es said l•r(•^•.■ dents, and complains of their liavin<:; alloidcd hospitality to tho>c >teamer.s. ami i>l° haviii.. and wliidi he chaiacteri/.es as violati\«>ot the neutrality v.lneli the government .Ma,ji'>l,v the Fniperor imposes on itself in the deploralde contest oftiic American I'liion. The affair in i|nestion is nudonliledlx ^rave and inipoitant. aad the impi-ii;d i,'"^ • eriimeiit ;;iv>'s to the iiuthorized lai|<;nai;e of Mr. \V« lili all tiie ion.>>ideialiiiii whiili > due to it. lie II' M. Ihit for this \cry reason, and Mr. Weldi will certainly a caliinct is under the iinavoidalde neccs.>.ity ot' pmceediu:,; know Icdjie it. the iiii|n li.il in .■•uch a delicate iii.-ittu li to th" Itltilllil l.'^fclini,! Ill* iillii>iMil(l>>li ll^»ir,.-»lll \fl |»li»l,llll_^ with the ;;reate.st (liscrelion ami prudence, in oriler to oliscive reli;iiously the )iii^iii which it has a>*siinicd since the manifestation of the lirst eveiil.s whieli tended to t result of a division of the I'liiled !. under d:it- of the 1st of Anjiust, \fiu\. ('onformin;r to the rules generally admitted aiiiiui Uf ris|ncti«l, tlio iiiMitrality, in the tfinis in which it lias (Icchirfil it iissuiiifil it, aiul what is important to y those interesti'il iii the contest, ami still hss l»y the delegates of i!ii>;;oveniliient itself. Ol' tiie sineerity of tliis deelaratioii ^^^. W(»l»l> has an imlisjiutahle |(r.>of in my noti* ;,(■ tiie Ttli instant relative to the Ht earner Alaliama, of the Confederate, States, as in it I Mihiiitariiy hasteiii-d to Ininj; to tin' kno\vled;j;(! of Mr. Wehh not only tiie otiieial coni- iiuiniealions whieh the imperial ^overniiient has received in rei^anl to the a(Mst lie o!' the iiitentioii> of the imperial ^overii- iimt. anil of a!l the resjieel whicli tliis j;ovei'nment pays to Ins word, will assuredly 'I'lt It.' surprised that, het'ore coming' to a tin.il decision on the important acts which ihiiii tlie >ulij.'it of the note \\ iih wiiich I am now occupied, the imperial yiovernim'iit s'limilil hear wiiat their dele;,;.! tes in the pnn iiices liave to relate, and shc>uld strive !ii!inloii--ly to verify their exactness. l!v the French packet whii'h leaves this port on the-jr>th iii>lant. tli*' im)ierial gov- .■riiiiniif sends the most ]iositise and conclusive orders to the jiresideiits of ISahia and !',".ii:iailiUi-o that, without loss of lime, they will cireiimstaniially report in re;;ard to ,;i(li 111' the .acts alle;Lred in tlu^ note of Mr. Wehli. of which he yives to them full !iMriiiiiiioii. .Villi. ;i> soon a.s the reports refei'reil to shall arrive, Mv. Widdi may relv that the im- in'iiiil ;;iiveriiim'nt will not hesitate to put forth its hand to the means necessary to ii'iiili'i' cii'ertive the neutrality wiiieh it imposi-s on itsi-lf provided it has bfcn viuluted, ;,iiil to leave hi yond all J ■"'n ^.-li 44;' Till- ('ii!il'edcr:ite States have no reco^ni/.ed <'xisteiiee: lilt. haviii'.rcoiistitiiteil II dis- ■ iiii'l ;riiv<.'riiuiciil siry r.-striciions, tlu' chai'aclur • 1 U'liij^ereuts \%hirot«'st a^^ainst it, he was dcpiivfd of liis ollic(! by thf pivsidciit of the prtnincc; and this act was approved by the llrazilian ;oviMiiiiiciit. The Alabama rcinaiiicd in the port nf I'.ahia for )'ij,dit or liiH' (liiys. Suint' iiH'tln'r «'oiresjH)!!dt'ii<'(' passed bt'twccii .Mi. W'rbb and tln^ Bra iiiaii iiuiiistcr of loicij^M allaiis, iit tin' roiirsc of which the latter \ indi- 'iitctl tho <'ondnct of the presidents of the provinces of rcrnanibiieo and lialiia. and declared that, since llrnzil had ori,irnaIly reco;j;nized the, 'o'lt'cdcrate ^States as bcllioerents, and had not withdrawn that recoonj. 'ion. and the Florida, (leoroia, and Alaltania bore the lia;; and <'oni- iiii'^sioii of tho.sc States, tliese vessels had been ii;,ditly treated as 'M'lli .STATKS CoNM I.ATi:. Cii];lit to remain an hour lonj^er by this breach of neutrality. I'aintin^i; a ship does not come nmler the head of "lU'cessary leiiairs," and is no indni that she is iniseawortliy : and to allow her to visit otlnr ports after slu' has set thi (,>ueen's prochunation of neutrality at deliance. would not lie rej;arth'd as in aiconlainr vitli tlie sjiirit and purpose of that document. Yours, Ac, (Signed) His r.xcellenev Sii: riiii.ii' K. Woi>i:ii, \i\\X SiH : I am directed b\ the j^oveinor to aeknowledne the receipt of your h'tter i yesterday's date, relati\c to the Alaliauia. Mis exc( lleiicy has no instructions, neither has he any authority to seize nr detain tli:i; vessel; anil he desires me to aei|naiiif you that he has received a letter from tlieiDin- inander, dated the 1st inst.'int, statin^j that re) tails were in i)ro)^ress. ami as soon us thiv AM-re eom|iletcd he intended to no to sea. lie fiirthei announces his intention if n- S) ectinjj strictly the neutrality of the liritish f;ovcrnment. The course which Captain Semmes here )tro)ioses to take is. in the iioveinoi"sn])inic.ii in conl'oiinity with the iiistiuctions he has himself received relati\e to sjiips di [II'J] war and ini\ateeis beloiiiiiiiji to the *l'niled States :inil the States ralliii;; themselves the Cont'ederate Stiites of America visitiiii^ Ihitish ports. The reports recei ■< d fiom Saldanha JSay induce the f;oveiiior to bclie\e tliat tlie vesst'l will leaM- iliat harbor as soon as her rcp.airs are completed: luit Ih' will- immediately on reci-ivin^ inlellijreiiee to the contiar\, take the necessary steps |mi •■nforcin^i the observance of the rules laid down '. iUKt. Tbid., p. :{01. 'Ibid., p. :nv. CASE OF GIfEAT 15KITAI\. 345 On TiU'sdiiy the llth instant I rerohiil a li-ttcr IVnin the coiiiniiindt'r <»t' that vt>ssol,. (liitwl the Ist Aiijjiist, at Sahhiiiha I'.ay. aminiiiiciiijihis having ('iittred that hay with a view tdt'tJ't'ftiiifi; critain n-jtairs, and ^{atiii;^ that hv would put to st-a as skoh as flicy wt'r(> (oiiip''-''*'''' •'""^ would strictly itsixi t our iicntiality. When this inti'lliv;<'nct' was rccfivcii the I'liitcd States consul called on me to seize licr, 111' at any rate to si-nil her away instantly; Imf us the vessel which hron^jht the iit'ws reported that the Alahania was coiiiin!X ininiediately to 'I'alile Hay, I replied that Icouldnot seize her. hnt would take care to eiitorce llie ohservance oC the neutral rt'j;iihiti(>ns. On the next day, almnt noon, it was reported fnau the sijiiial station that the Ala- li;mia was steering;' for Tahle liay from the north, and that a l''ederal l)ark was eoinin;; ill tViiiM the westward ; and soon after, that tlf latter hail liceii eaptured and put ahont. A little after "2 p. m. the I'liiti'd .States consid ealh'd to state tluit he had seen the ea]i- iiin'clVected within Itritish water>: whi-u I told him he must niaUe his statement in wiiliii},'. and an iuvestij;ation should he made. I also, liy telei;r:im, immediately re- iliu'sted the jiaval connuaTidi-r-in-ehief to send a ship of war fr. m., when ('ajitain Si'iiiiiics wrote to me that he wanted siijipliis .lud iri)airs, as well as ]iermission to laml tliiity-thiee prisoners. After commuuii aliiiii' with llie I'niled States consul, I author- zed the latter, and called niion him t<> ^late the nanue and I'Xtent of his wants, that 1 iiiifjlit he eiiahled to ,jnd;;;eof the time lie on i;! it to remain in port, The same afrernoon iif ]ii(iiiiised to send the next momiiij; a list of the stores needed, iiiul announei-d his iiiti'iition of ]irocecdin>; with all dispatch to .Simon's May to elfect his repairs there. riiM next morninjf (tith Au;jnst ) the jiayinasler called on me with the merchant wlio was to I'lirnisli the supplies. :iiid I j;r;inti-d him leave to stay till noon of the 7tli. On the iii^jht of the.")th Ihr Majesty's shi]i ^'alorous ii:in the niorniiinof the ~th, Cajitain Forsyth, of the N'ahn- 11^, and the iiort-c.aptain, hy my de>ire. ]iressed on Captain Semines the neecssit\' for liis leaving the jiort without .-my niini'ces>ary delay : when he pleaded the continued heavy sea and the ahsence of his eoid and 7 a. ni. t!i he siilcd, and on his way round to .'simon's Jlay captured another vessel, hnt, on lindiiii; that she was m neutral waters, immediately ndeased her. hi the mean time the I'nited States eiinsul had. on the .'>(h Aneiist. addressed t- the consul repeated his )ndtest, snppy an alti- iliivit of the m.a^ter of the jnize, w hicli he held to show that she had heeii taken ahont iwdiiiiles ami a half from the l.nid ; and the aireiit for the I'nited States underwriters. "lithe smiie day. made II similar protest. < hi tin' Till tin' cfuisul represented that the piize had, on the pie\ ions djiy, lieeii hroueht within one mile and a half of the li^hl- hiiiise, which he considered ;is mueh a violation ol' the neutrality as if she had heeii t hei'e I aiitiu'ed. anil asked me to have the iiri/e-;re\v t;ilrace will concur in my view that it was not iiiy duty to jjo heyond '. ;>ut 1 found to he the distance clearly estahiished hy past decisions under interiiat'onal luw. All iiniMirtunt ipiestioii has iriseii in e,>nneetion with the Alahama, on which it is viry desirahle that I should, .'ts soon as pri.itieuhle, he made aeiiuainted with tho viinys of Her Majesty's jjoveniiueiit. Cai»taiu Seiiinies iiad iiieiitioned, after his arri- val in port, that he had left « ntside one of his jnizes jtrevioiisly taken, the Tusealuo.sa, wliiili he had equipped and ttted as a tender, ami had oraered to meet hiiu iu .Siiiiou's 'i4 "S ^4 346 TREATY OF WASHINGTON. IV'iy, its .slit> .iImi ."stixwl ill iioi'd ot" .su]>|>li('s. \Vli(!ii this Ixfcauu; known to the imval roniniaiiilt^r-iii-eliit'f, lie rciiiu'stcd niis to Itunisii him witli a It'jfal opinion; and wht'thfir this vi'ssi'l could hii hidd to l>i', a .diip of war heforo slio had hucn I'onnallv nil 111 (Ml aiii <'onhil)Ltcd from cntcrinj; our jioits. Tin; atitin;^ attorni>.v-r ol" the confederate navy, there must he held to he a suHicient settin;^ forth as a vessel of war to Justify her admissicm into ]iort in that character. The admiral n'plied in the atlirmative on the lirst and last points, and she was ad- mittcd. Th« Tu.xaloosa sailed from sim«>!i"« r>,iy on the morniiii; of the 14th instant, liiii was hccalmed in the vicinity until the folluwinjf day, when she sailed almiit nomi. I'ho Alaliaimi left before noon on the l.'ith instant. Neither of these vessels was allowed to remain in port lonj^e; than was ically necessary for the completi«m of tlieii repairs. On the null, at noon, the Georjj;ia. another coiii.derate war-steamer, arriveil at Si- mon's Hay in need of repairs, and is still there. IJeforc closin}f (his dis[»atch. I wish ]»artienlaily to rei|uest instructions on a iioiiit touched on in the letter from the, I'liited States consul of the 17th instant, vi/, the steps which should bo taken here in tlni event of the caii;o of any vessel captured In one of the IxdIiKerents beinjj taken out of the pri/.i? at sea, and brought into oiio tit' our ports in a ISritish or oth«'r neutral vessel. lloth belligerents are strictly interdicti'd fiom bringing tholr prizes into Hritisli ports by Earl KusseU's letter to the lords of the admiralty of the 1st .Juin-, IHlil, and I conceive that a colonial government would be Justilied in enforcing compliance with that ord(!r by any means at its command, and by the exercise of force if it should be re(|iiired. Unt that letter refers only ti> ■' i>rizes," that is, I i(m<-eive, to tlie ships theinsidvrs. ami makes nonuuition of the cargoes they may contain. I'ractically.the prohibition liih been taken toe.vtend to the cargoes; and I gathered, from a conversation with Ca|)taiii Semmos im the subject of our neutrality regulations, that he considered himself de- barred from disi)osing of them, and was thus driviMi to the urcliased at sea, and tend- ered for entry at the custom-house, in the usual form, from a neutral ship. I have consulted the acting attorney-general on the subject, and he is not prepared to stat-' tliat the cnsttmis anthorititts would be Justilied in making a sei/ure under such ciieuiii- stances; and therefore, as there is great jn'obability of clandestine attempts lieiiii; made to inlroduciMiirgoes of this desi;riptioii, 1 shall bi^ glad to be favored with thr earliest piacticable iiitimatiun of the views of Iter Majeslv's government on tliesnb- jwt. The allt'j;e erroneous. The (|iiestioiis stated iti ilie dispatch of Sir V. Woth'house were re- ferred to tiie hiw olheers of the Crown, who rejiorteil on them as fol- lows:' Opinion. Lincoln's Inn, (hhihrr 1'.*, l- inijjlit li.ivt' to make thtTciipoii. Wo ai<' also hoiiori'd with your lur,lshiit'.s cuirii i:i;l-i sii^iiilii'il in Mr. |[ iiirir>air.. from Mr. Adams, i-tdativi! t:) thn jtro- .('oihiiU'^ of tht^ Alabama olf the Capi' (d" (iooil lloii,', and to n'i|n.'st, tliat w:' woiihl lake thi' sami' into our considcrjitioii, to;;i'tii('r witii iia;i.;r.s on tiii.s snhji'ct thi'ii hcforo lis, and favor your loi'dsliip with our opinion Ihcri'iipon. ill olii'dii'uci' to your lordsliip'.s comnianils we liavc taken thes'- papi-r.-. into con- -idi'l'; ami have the lionor to report — Tiiat, so far as rehites to tiie eaptnre of tlie .Sea IJride inaih- hy the .Vlahania, it. ap- |M',nrs, as we nmh-rstand tile eviih-ni-e. to have been elf-rted heyond th;i distanoo of tlnci' miles from the shor.' ; and, as we have already had the Innior to report to your liirilsliiii, that distance must lie accepted as the limit of ti-rritorial Jniis liction, liR- iiinliiifi to the i>reseiit inh- of international hiw upon that siiltjcot. ll appi-ars, how- ivcr, tliat this prize, very >. on after her capture, was hroujjht within the distance of twci miles from the shore; and as this w.as contrary to Hi-r .Majesty's orders, it iiii^jht liavc atfiirded just ;jroiinds (if the apoloijy of Cai>tain Semmes for this imni'optu' act, wiiicli he ascriliiid to inadveiteiiee, hail not heoii a''ci'pted l>y Sir I'hilip WoihdiDiisa) •iir the interferenct) of the .authorities of the Capi' (Joloiiy ujioii tin? principles whicli wi' are ahout to explain. Secondly, witii re.siiect to the Alahama heisclf, we aro (dearly of ojiinioii that neither the {joveriior nor any other authority at the Cape could exennse any .jurisdic- tion over her; tind that, whatever was her jirevious history, they were hound to treat lior as a ship of war hidoiiyinj^ to a btdli<;tueiit power. Upon the third point raised with restud to the vessel called tins Tuscaloosa, wo ari» not aide to an's Itiy nil or heforo the 7th of Aajfiisl. with her orijjinal carj;o of wool (itself, as well as the vessel, prize) still on board, tind witli nothinj; to jjj'^'" '"''' 'i ^^iu'like charactiu" (so far asappe.irs from the pajiers before us) excejtt the circumstances alretidy noticed. We therefore do not feel cidled i)}>on, in the circunistances id' this case, to enter into the i|nestion whether, in the case of a vessid duly cmmnissioiied iis a ship of w.-ir, alter hiiiiij made jirize by a bellij;erent j;overnment, without beiiieteiit Jiiiisdiction ;'' and the pro)iiisitiou that, "(ulmiii'iiiij lirr to littrr hteii ntjilurnl liij u slii/) of iv.ir of llir Coiifctlcralc Slulis, she was I'lititlcil to rider Her Majesty's ^overninent, in ease of dispute, to the, coiut (d* liei stales, in order to satisfv it as to her real cliarai'ti ppears to lis to be at variance with 11,1 Majesty's iindoiibted ri^lit to deterininc. within her own territory, whetlu^r her orders, made in vindication of her own neutrality, have been violated or not. The i]uesti(ui remains, what coiiise oui^ht to have been taken by the anthoritioH at tlie (ape, first, in order to Ji.scertain whether this vessel was, as alieired by the Unitud Nuti'.s iiiiiMul, an uiicoHdemned juize, broui;lit within British waters in violation ot Her Majesty's neutrality; and secmidlv, what (Hi.jht to have been done if such ht»tl ap|)eaied to be really tlie fact? We think that tin- alle;j;atioiis of the United States iviii.siil oiiirht to have been brouf^ht to the kiiowled;;e of Caidiiin Semmos while the ll 348 TKEATY OF WA.SIIINCJTON. I i TiiHonloosa was Ktill within IJritish waters ; aixl that In- should have hecn rofiiiestcd to statu wlift)i(>r h*t us(>.' [115] 'In ('oiincctioii with the aliove corri'spoiulonet' it may lie coiivonii'iit to state here the subsequent history of the Tii.sca loosa. The (inestion wliieh arose as to this ship was not wliether there hud been a violation of the law of nations or of Her .Alajest.v's neutrahty, but whether the orders issueii by Her ^faji'sty's erniitted her to depart. Ib'i ^rajesty's o'overnment was aart of tiie carjio ca[>tured by the 'Jaliama in the Sea JJride. This (pustion havin.n" been referred to i.ie law-otlicers of t!a' Crown, they reported on it as follows:' The Itor-tjticcr" of lb< Cnxrn to ICutl llnnavU. Lixcoi.s's IxN, Muij 11, l-"t'>4. Mr L6. ' Ibid., pp. 34-2-344. CASE OV GRKAT lUUTAIN. 349 ]i(wal lit" tlio carK(ii\s ot prizn vohsoIh broiiijht into ii cKlmiiiil |)i>it in IJiitisli or otiior neutral vessels; tiiiil Mr. Murray was arcordinj^ly to ri-ipii'st tliat we would takn tiiiiso iiiiptis into i;oMMi(leriition, to;;t'tla'r with those lati'Iy lielore us. uinl enihodv in the pro- nosed instructions to tiie colonial governors sneh tlireitions as vvt! may eonsidi'r adviwible on this partieular head. In ohedience to your lordsliip's roniinands we have taken these )»aporH into connid- I'i'iitioii. and have the honor to repoit that, after ('onsiderin<{ these papers, it does not appear to us to he neee.ssary to make any ehanj^e in, or addition to, the draujfht instruc- tioiis prepared hy us, pursuant to the reijUest conveyed in Mr. Layard's lottei of tho It'itli ultimo. (^nest ions such as that lately raised at the Mauritius liy tho I'nited States consul with respect to the car^^o of the Sea Ihide, must he left, in our opinion, to tho (dvil triliMuals. The executive tli Aiio'iist. On the Kith September she retiii'iied thither/ aiul sdoii jifterwanl sailed for the Indian Seas. The United States war- stcanier Viinderbilt had, in the interval, visited both Cape Town and .Simon's liay, eoaled, and departed for the ^Mauritius. She had ])re- viously eoaled at St. Jlelena, and at the Mauritius she obtained [Unj a renewed supply. The * Alabama touched jind eoaled at Singa- pore on or about the l-'lst of J)eeeinber, ISiiS; returned a second tiiue to the Cape of r8 of ^va^, niul calling; my iittiiitinii to tlie ii'iiiaikiili)<* ])ro]:«irtioii of otIicciN mid Aiiicricun iiiHiirK«'iitH, iih coinpaicd wjti, tlie wlioh- iiiiiiiImt of iu'Ikoiim rcHciud from llic avuvch. Yon Htato fiiitlicr that yon can Murt'i'ly nitcitiiiii a doubt tliat tbiH Hclfctioii \vmh iiiiidn \>y ItritiKli MitijfctB witii a view to coiiiiivc at llif CMajuMif tlnM' ]iaitii'iilar imlividiialM from cajttivity. I liavo tlio lioiior to state to yon, in ifply, tliat it a|)|iear8 to me that tlic ownirm tiiu D<-«Thonnrforiii<-d only a coninion duty dt Iiiinninity in saving from \\\v vavcH tht^ «aiitnin and st-vi-ral of the cnw of the Ala- hama. Tlii'y would titliiMwisc, in all probability, have bt«Mi drownt'd, and tlin.>i woiiiil iifvcr hnvi; iMtii in tin- situation of |iiihon«'rs of war. It dot-N not iippcar t«i m*- to b<- any part id' the duty of a nontrul tu uHNist in inukin^ prlNOfM'rH of war for «»n«' of tin- bcllincrcntN. I sluill, howt-vcr, traiiF-niit to ili<- owner of tho Deerhoiind a copy of your httir ami its incloHures, t«i<;ftber with a copy of this letter. I am, «ic., (Signed) KL'.SSKLL. Tbe followin;; corrospomlenco also passed lu't'.vcoii the (;ai)taiii of the Kt'ai saint', and M. IJoiitils, wlio is stated to have been au aj;eut, in I'rance, of the goveiniiieiitof the CoiifiMlerate States:' Captain Ifiiislow, I'liilal Slalcn Xary, to M. I'ohJUh. Umtki» Statkh SriiAMsiiii' Kr.AitsAitoK, h'iXjuiii, 1-71. Mi|iiipa;!e n'eu sont pas moins sounds aux obli<;atioii> ipic l.i loi de la guerre impos*;; ils sont mes prisouniers, et ,je demande (jn'ils se nndint ;i bord dn Kearsiir^i; pour s'y eonstitner prisonniers. Dans lo eas (pi'ils chenlu liiieiit a K« tU'dier de cetto obli<;ation a la faveiir ;uerrt- qui eiiqx'ebe uii stddat tb^ .s'l-chapjn-r il'iin champ de bataille apres un re\crs, lors nieiiie (pril aurait »'ti' «l«'ja fait prison ii iir, i-t ju ne vois ]ias poiirqiioi nn niarin n'en ]iourrait )>as (aire antant a la na;;e. .lu iliii< refuser cl'a^ir comme votre iiitermeaniiioins voiis leelame/ comme etaiit vos iirisonnicr". Je ne puis non plus comprendre eoniinent les autorit('S des rUats-l'nis pciivi-nt ]tn' tendre reteuir des prisonniers dans les limites dt! Tenipire franeais. •Its suis, &«•., («i{,Mie) IJONFILf?. {117J *After the original departure of the Ahibaina from Liverpool, many comnmniealioiis were from time to time atblre.sseil i»y ,Mr. Adams to ller Majesty's oovernment, in wliieii he dwelt on the cirtiiin stances that the ve.ssel was built in lOngland, and subsequently received lier jirmanient from En';land; that eoai and supplies had also been pm <;ured for her from Knyland ; that many of her erew were British sub jects, and that their wa^es were paid to their wives and famiMcs in Englatul, through merchants resident at Liverpool. Tiiese ciicnni .stances were repeatedly referred to by jNIr. Adams; and, in a letter inclosed by him to Karl Jius.sell, dated the 11th January, 18()4,- and written by JMr. ]>udley, they were enumerated as proving that tlu' Alabama ought to be deemed a British ship, and her acts piratical. Tlie law-oflicers of the Crown were retpiested to advise the governnieiit Avhetber any proceedings could be taken with reference to the supposeil breaches of neutrality alleged by Mr. Adtims and Mr. Dudley, and they reported as follows :^ 'Appeudix, vol. i, p. "jyu. - ibid., p. 'i'i(\. 'ibid., p. '235. CASK OF GRKAT lUtlTAIN. :\bi Opinion of luir-offitirfi, W«^ nro <)!' (ipinioii that no pruct't'ilinj^s ran iit incscnt li(> taken witli ntt'crunoo ti>^ ftiiy of tlid matters allfp-tl as lin-aelii's of neutrality in tin; ai'(;oni|»aiijinj>; printed pajiiTs. If tlie jHTMoiiH allefjed to lie Kn;jlislnnen or Irisluiu'ii wlio hnvo been ser\ injj on hoard tho AlaliHiini are natiiral-ltorn Kiitisli Nulijeets, tlu\v are undonlitediv otVenderH iifrainHt tlio forei^neidi.stnient act. ]tiit, not Itein;; (Nofar hh it appears) williin Ikitisli iiiriMliction, no proeeedlnirs can n(»w he taken a>;ainst them : and it is, under these (irtunistaiH'es, unnecessary to enter into the <|UeHtii>n of tlie snilicieney or insnillcieney, III other respects, of the evidence a;;ainst them contained in John Latham's allldavit of the 8th January hwt. Wliether any acts were (h)ne within th« United Kin;;dom U* iiidticc all or any of these persons to «Milist in the confederate service, or to ^o abroad tiirthat purpose, wliieli would b<> punislniblo under the fornt act, is a. HiK'stion on which these )>apers throw little or nr> liyht; certainly they fnniish no ividenco of any such acts against any p( rscnis or jierson now within IJritish jnris;s couhl ])os.sibly be taken under that statute. So far as relates to the su)i|»ly of coals or other jtrovisions or stores to the .Mabania, and the jtaymcnts made to r«'lativ»'s of seamen or others serviiij; on board that ship by persons resident in the country, we are not awfire of any law i)y which such airatieal craft, it mi^ht have been enouj;li to say tinit Mr. Ihidley, while ho cnumerutes almost everythinj; which is imniiiterial, omits every- tliiii^tliat is material, to constitute that character. Thecharactt'rof an Kn;;lisli pirate cannot ]i(issibly belon<{ to a vessel armed and commissioned as a public ship of war by the C'oiil'ediU'ate States, and commanded by an otbcer belon^inji; to the navy of those States, under their authority. Smdi the Alabama undoubtedly is, and has l>een, ever since slic lirst hoisted the confedertite tla^j, and n^i^eived her armanu'iit at Ter<;eira. Kveu liy the schedule of John Latham's attidavit, in which he describes the urcater part of her petty-otHcers and seamen (on what evidence we know not^ as Kn'oveninient.s directly or throno;li a}i;eiits, had Ibrined a part of the ordinary busines.s of the linn. It ha.s been alleged that one of the ni('nil)ers of the linn was a member of the JFou.se <»f Commons. This allej,'ation, if it were true, wonhl be immaterial; but Her ]\Iajesty"s jrovt-rmnent has been informetl and believes that it was not true, and that .Mr. John Lainl, who was mend)er of Parliament for IJirkenhead, iiiul liad formerly been a partner in the busines.s, had ceased to be so bolorc the buildinj;- of the Alabama. The vessel api)ears to have been f'oinpleted by the builders for delivery in the pent of Liverpool, and to liiive been delivered accordinftly ; and Her Majesty'.s government sees no rea.son to doubt that the building and delivery of the vessel were, so far as the builders were concerned, transactions in the ordinary course [11H| *of their business, though they probably knew, and did not (li.sclose, the employn»ent for which she wa.s intended by the per- son or per.sons to whose order she had been built. The general (ionstruction of the vessel was such as to make it appar- I'lit that she was intended for war and not for commerce. :i52 TKKATV OK WA.SlilXOTON. Tlu' Jittt'litioii of Mr. Diullc.v had been cuIUmI to this vcssrl in Nuvem. her, ISIJI, l»y his pn'dtTessor in oillco. The attention ol' llrr JJrifiiiinic -"Miij«'st.v's yoveiiiMK'iit was lor the llrst time direeted to her hy >i,., Adams, in a n«)t«' reeeived on tlie I'lth of June, 1S(JL». ^Ir. A law uili. <'ers of the ( 'rown. ln(iuirit's were ilireeted to he forthwith institiitnl at liiverpool, and su(;li in(|niries were instituted and proseeuted aceoid. iiiyly. 31 r. Adams was at the same time re(|uesteiniou was given, and before it could W reported to the government, the Alabama put to sea. She had not been registered, and the application for a clearance, which is usual in the case of ships leaving port, had uot been made, and the intention to carry her to sea was concealed by means of an artittce. The destination of the vessel, and the course which she would take after putting to sea, were entirely unknown, except to the persons im- mediately concerned in dispatching her. Orders for arresting her were, however, sent by the government to various phK^es at which she miglit probably touch after leaving Liverpool, and to Nassau. The Alabama sailed from England wholly unarmed, and with a crow hired to work the ship and not enlisted for the confederate service. She I Appeudtx, vol. 1, p. 249. CASE OF GREAT HHITAIX. 353 roroiv(' <;nns nnd iimmunition wliirh wcri' put on l>oiiry IMTsnasioii and pi'omises of rewanl to take service in her while sh(* was otV Tercel ra. Others were Ayierican «*iti/ens, and the iiroportioii which these bore- to the rest increased iitanni(! Majesty's government cannot admit that, in lespcct of the AIal>ama, it is Justly chargeable with any failure of international duty, for which reparation is due frbni Great IJritain to the United States. 23 a [li>(.] P A R T \' 1 1 . STATKMLXT Of FACTS RK[,.\TIVE TO THE GI^ORGIA. Oil the 8tli April, ISf;;^, y\v. Adiinm jhMivssod to Karl linsMcll u unit- pii.1 >ii. II.. v<'Sj)cctin»;' a Mtcam V('S,s«'!, Imiit in Dumlciifoii, in SchiIhihI, '"""•"' apfi at first lvn!)wii as tin- ,»ai>aii, but .substMiiuMiti.v as the Clooi'iia. This \»'ss('i hati ]»ut to son .six ih\\H boforo the date of ]\Ir. AiIiiiun- note, aiiil was at that date out of the (Jiiecn's (h)iiiiiii(»i!s. No iiitnniiu tion wiiatcvrr ichitiiif;' to her ha«l pn'vionsly rrafhed' Hrr 3!ji.j«'st\"> {•ovoMiiiK'nl. Mr. Adams's note was as foHow.s:'' Mr. JiJdHiM to V.url lUmwU. m It 4, Lkoatk'V ok Tin: I'.viriW) Stviks, LoikIoii. Iiitil f, I'^li!!. • My I.iti;i>: I'voin iiifDrmutiou rfooi v«'fl nt this lcjLtiilii)t), whicli iiii|i(iiiN fiitillcil in «':i'i(it, 1 iiiii (•(iiii(iclli'il ill flic |>(«iiil"iil (•(iiM'ln.'iiiiii flial a Ntrain-vt'sscl lia.s Just (lr|i;iiiii! riain till' Clyili' willi-tlii' iiiti'iil ,0 (ic|iririi|ilr nl' tin I'liitfil SlatcK. Sill- [(asst'il tlifii imiitT tlii' taiiu- nl' llw Japan, Imi is >inri' 1mIIi'\ciI Iu ]iav<' avMiiurd ilif naiiic of tin- N'ii'Kiiiia. hw iiiiini'diati (!f.'tl;iMil ni Alilii. -,v. wiicif it is .-.iiiiimsi'il ilic iiia\' \i'l l)i' at tliis niiimtnl.. A .small sicaiiK r .iillcil till' Alai . l!cloii;,;ini>' to N'i'w lia vi II, ami cDiiiiuaiHlnl Ky Ilmrv I'. M.nilcs. lias hrni l(i:iili.i! witli a \:\yp;K' .■niijijiIn of jiniis, sliijls. siiot, jiowdiT, Ar.. intfmlfd for tin- i'i|iii|iiiiriii nl tilt" \'ir;iiiii;i. ami is citlifi- on 1 ic way or lias aiaivfil tlicrr. It i> I'lirflnT alli'unl tliiii a coiisidfiahlc iiniiiticr ot liiitidi Mul»)('Cts liavAMS. o\v Fioiii tii.si>atnd!('y to Micir II < litscriiiiicnt, it appears that tlie cniisiils of the I'liitcd St;m's at (ihisonw and Liverpool, and Mr. .\(hmi,'< iiimst'lf. had for a h)ii;^ lii been in pos.si'ssion of ir-lonnation res]»'cf iiiL' this \('ss«-]|and that she had h)\\'^ liccn an oi |«'( t ot snspirion to tiicin. Mr. Adams, (tn tln'Mih April. \Sii:\, wrote a * lblh»\vs to Mi'. Hewavtl : Lastly, eiinii': tiie i use if till- ,Ia|>ini, nlid'i tlic \'ii I. I Iiave liecii loli(; in till' pi" Hi'ssioii III' ii'.lorniatioii iilioiit llu' roii>.l rml imi am: oiitiil nl ili.'it M'ssel mi tlie ( Iv'.. but iiotliiiiroit'i(liii;;N ii|iiin I^ianiine, liowevci-, tli.al sin- had ,fom' to the island of .Aldi-niey to take In r 11111:11111111 tlit'vc, I made ii|i m> mind to send iiotiee ot' it to ihe Itritish govetiiment, .ml Iimm' ii til them to aet in the case as they mi<;ht liiiiik lit. Mr. Dudley, on the ,U\ April, hatl written as follows to ISlr. 8e\vani : Ml". I'mlerwr id. our consul at ( Jliisirow, has no ilontit irifni'ined von ahoiit the st(';iiiii ' t:o\v called the .la)iaii, finiiicily tlie \ ir^iiiia, t> hieh ii4 iihoiit to clear from this iimt I" tlic I'.asi Imlii H, .Sonu' seventy iii' einhly men, t\\ ice the iininhcr that would he iei|iiiiii lor aiiN li'^iliiiiiitc viiyii>;c, were shiiiped at l.iMriinoI lor this vcm.m'I, and sent Ort'i'ie ■ U on 'lomlay cvciiiiij; last, 'I'hcy arc shijuMil fur a voyaHo of three yi';ii.s. Mv ■Aiiiivtuiix, vol. i, i». 'iiJ, CA!«E OF GREAT DRITAIX. 355 UA'wf is Ilii>t s}ic liolonijs to tli "nnftMlorah's, and is t<» h mvortcd iiiti> a juix atci'i ; ,|iiit«' liiim;x, the i»ayiiiasti rfnun ti<^' Ala)»aina, telle nil it has ulway.s Imm-ii a lavoiitf idea <••' Mr. Mallory, tlu' scciftaiy of tin; jtiiilt-d- ,,f.,(,. navy, to wiid a [irivatiMi in tlicHi^ waters. I sent a man fih» for ascerfainino (he , ••orrt'ctiiess (»f the icporl, and, if it should prove to be w»>ll fuunded, then to take the! most efleetnal nu'asnres allowed by law for «Iefeatin}; tiic alle^,('(i attempt (o lit ont a ltel!iot'!',.||t vessel fntm a IJritish port, ami for hrin^jinj,' to jnsti<*e all per.sons eonneeted with the vessel who jiji^ht have rendeicd themselves ainenalde to the law. ill pmsnanc of this re(pu'st, the followin>; letter was addressed by the initler-.si'crelary of state for the home department to the lieiitenart- governor of (IiU'rn.sey :^ Mr. UmldiHtjton to Mujor-Uiniral Sludr. WlllTKIIAI.I,, tftri) "i. ls(i:i. Ml:; 1 am directed hy Sir Ceor-^e Grey |h iransuiil to mhi Inirwiih, as n-eeivi <1 tliiniii^li the li(iei;;ii (il'tiei', u eo|iy of a let li-r (Vinii t Ik- Viii; iil .Slates iiiiiii^ter at this >cmn, ii'sneetiii!; a sleainvesscl named either the .lapan or tlw \'ir;iini;i. re|iorted to liave left the Clsde for .Mdei iiey. wlnii- >he i.■^ (o iiTi'ive on lioard an armaiiieiil eon- vived III that island 1 > .a small •*!eamei. the Alar, heloiiy;ini; to Newliaveii. and is to he rvciilieilly em|doyed ill lioslilit ies af;aiii--l the I'nited States; and I am to i'ei|iiest that Villi will male imniediale in<|niry iiilo I he truth of the allegations eontaiiied in that (iiiniiiniiieatioii. 1 have to call your alteiition to (he ^tatnle .'I'.Mieo. Ilf . cap. (i!(. Seet ion 7 appear-i til 111- .ippliialde In thi- eas". if the information whi'di has I n ifjvi'ii to the minister ioius may he railed upon lo a^si^.t, if necessary. Ml (icorne (Jrey will he ;ilad to he infoimed of the remilt of tln^ iiniiiiry, and ol' any »it|is that may he t.ikeii in conseijiicnce. I have. &i;., (Si^jmin H. WADKlNtiTON. The lieutenant i;overm)r, on reeeivin}.f these in.stnictious, desired > Appondix, vol. i, p. :;9iiiiniiii- \lvv MiiJ»'st>*s ship Daslior, lo pi„ (!('«m1 at oMce to Aldcnicy. It was fdiiiid, liowcvrr, tliat .Mr. Adjims's inlbnnation as to tlio imiinMliatc ik'stiiiatioii of the two vcsst-l^ men tioiM'd in his note was cn-oncoiis. 'rii(> coiiiiiiissioncrs ol" ciisloiMs woii', on tlie sanx' day, (Stli .Fniic, tiiicctcd hy llic lords is of \hv trcasui'V to instinct tlicji odiccrs at AhU'iiicy to «'o operate with the iientenant-;;o\»'ni()r of (JiU'insey. This oi(h'r was lortiiwlth execntecl. an«l the eonimissioiicis wrote to tlie same elleet to their otlieers at (luernsey. They nkcwix. instliU'ted tiie eolleetors of eiistonis at (?ji enoek and illas;;-o\v to i('|M>it. all the int'orniation which they inij^ht he able to obtain respecting the Japan. The collector at Cin'enoek reinuted as follows:' J/c. HotUkr to commisniotur of aixlomi. ]»(» ill: '€ C'rM-H«ii SK. Croiiorii, April 10, \~y\\\ HoNultAiii.i; Silt: W'itli n riiiMicc tiiiiti< «1 1»\ Mr. (iimi. iii'i'.s letter III' vrstiTiliiy's diiti'. i iniMo r<'i>i>rt to tin- Woiird all tlic i>;irti(iiliir>. I may Im> (■iinhJtMl t<> ascfi'tain ii'Miicctiiij;- a schmi'I falU-~. was hnilt at Ihiinliailiin and measured )iy tin' measuring; otlieer at (Uasmiw. eaiiie down the river ami )inicieiifil to (iarelocdi Ifeail, to adjnst liei' ('(impasses, and al'terward liion;;lit U|i at t lie Tail of iIh- iJank, where nIh; remaine(l three or lunr days. I'liis vessel wa>. on the I'.lst ultimo, entered outward hy ('(din S. ('aird, Cor Point fle (ialle and llon^-Kony;. with a crew of I'orly-eijiht men. On the 1st instant she shippeil the I'mler-nieiitioned lioiidcii stni.s. whie!; wen- sent I'rom l,i\ i ijiool. vi/ : ll-'i •;all(>ns of spitits. :>*.' ^alion> nl' wiiic.'Jll iionnds of tea. ."I'.td iiounds of eiitl'(«e, "Jl'J imiinds of toliaeco, l. •> ewi. 1 (|iiiirl('r.' ' ]M>nnds of raisins, and I cwt. I (|inirlei' H )ionnd8 uf iMn'iaiits : and elean-d tin- .saiiif diiv in lialiast foi' Point (h- (Jail" and llon;^-l\on;;. It appears she hd'i the anchorage at the 'fail ol tin- 1 tank early <»ii t)ii> morniii;;of llii''.>(l iiiMi.int. with the (istensilile purpose of lr\iiii; her en;;ines. inteiidiii;; to retnin. Iuimii;; on hoard Ncverai .joiners wlio were lit tin;; up her eahins. and 1 am int'oi'-iiil iliaf [l"^2] after sht> left this the .joiners were employed in 'littin;; uji a may:.iziiie i.n lioard, and were snlise(|nentlv landed on some part of tlit* coast lower down tlic Ci.vde. it IS reported that she did not take hei final depaitnre until tlie (itli or Ttli instant Inn I cannot ascertain where she went ;it'ie'.- leaviny tliis am liora;;e. I iiave (|iiestiiiiieil the ollicer who )'erforms tide-snrveyoi's dnty atloat. and ulin vi-ited hef. (Ill the evening; (if the 1st illNlant, to see that tlie stores Were coireet. He inl'orms me he saw nothiii;; on lioai'd which could lead him to suspect that she wui intended for war )ini poses, lean testify that she was not heavily Hpaircd ; imlicd she conld not s|irca(l mori> canvas than an oidinary incrcliaiit-steamer. I he;; In a I Id. when the I ide-sni vcy«ii was on hoard, the joim-rs \v«Te littiii<{ doors to the cahi m, Ac. I a (Si^'ned) J. F. MOOKK JlOlH)r,l{, Collector. The otlicoi" actiiif;" foi" the collector at (ilas;.;ow transinittetl tii»' stilt , joined report, made by the measiiiiiio surveyor at that jioit.' lie iidddl that the Japan liad not cleared from (ihiso;ow : ri'sToM-Ifiil'SK, Clamjoir, .Ipril ID, 1^'tlV Sti. : In eoinjilianee with your refereiic •. I Ixjj to reinMt that an iron serew-sl( inner, called the .lapaii, wiis recent ly hnilt hy Messrs W. Denny, Krothers. at Diimhartdii. I Hiuveyed her on the 17th .lannaiy last, ami visited on two (*nhs4(|iient o< casinns I'or tln« jmrpoHc of com|detin;; my survey. Slie appeared to me to he intemled for c(iiiiin(i ciul pnrpoHON, her frann-work ami platiiij; hein^of the ordinary »i/.eH for vehsels of lui 'Appendix, vol. i, p. 403. > Ibid., p. 4U4. CASE OF GREAT IU{ITAI.\. 357- 1 annox i> popy of my t'>rfirii'at<'' of survey, wliirh hIkiws tlio vosHel's fimii;iixt' and .IcMiiptiiMi. ami I'r;; to add that tlic I'lrmulif and "rrtiliratf of survey for tlif .lapaii •utic i'orwaiiled to Liviipoid on the "Jd ultiiiui, with a view to her Iwiiij; rej^isti red as .1 Itiiti'li ship. IJi'.siiiM Ifidlv siibinitted. (Si-ned) " M. COSTI-.I.I.O. .l/< uiiiniiKj ^urrcyor. Foi;m Xo. 1a. Steamer. Cvrtifivate of xurrrii.^ Name of 8liip. BrilJHh c*r forcitjn built. Port of intended n'jji.stry., How propelled. •Japan." liritish. I.iMTpOol. |5y a sei^w-propi-lliT. Ninnhcr rtf decks One iinlank '-H '■i7t Mi'iitli ill hold from toiina''e ileek to eeilinir at midslsips 14 75 Nauie and udilre.s8 of hnilder — \V. Deunys, brothers, Dnndiartou. TUXS.MJE. !Hk Tiiiiiiaj;e under tonnv ' icis((l-iii spaces alio\.' i! timna^e-ileck, if any ; viz. : '^]iac4' or v|ia<-«'H Itetwts •> did horse p4»wer,) nnmh*-r tif horses-power, '.iy the nercliani shippinj; ;mI. K>t. I'atcil at (ilasjrow, the 4tli day of Fehrnary, IhKI (Sijjned) M. COSTELLO. Siirvetior iiie It a|>|M'ars fioiii tlio.si' rt'ports tliat tlio vcswl, w'h'ii siirvovtMl 1>\ tlui I'a.siiriii;; survryor, pH'sciittMl liotliiii^ <'alpeiidix, vul. p. 443. 358 TREATY OF WASHINGTON. ■w i i i m- forty viiiht inoii, ami that, on the 1st April, 180:3, she had cleared (or tlmt destination in balhist. It siil)s«'(inr-ntl.v appeared further that sho had, on thr 2()tli of Mimli. ISii.J, hern rcj^istcrrd as the property of a Mr. Th(>nias l>»)id, a nicrclijiiii rcsidin}; at Liv*'rp<)ol, on tin* tU'elit!;:tio)i of ]»old tiiat h«' was tlic sole owiM'rof her. It also appeait'd that she had lu'cn advertised ;it tin SaiU>rs' llonu^ in Liverpool as about to sail for Siiij,';ipoi-e ; that stiuinn were hired for her at Liverpool as for a ship honntl for that port ; iiiid that all her <'i'»'W so hired sijiued articles for a vova<;e to iSin^^apoic, m any interineiliate port, for a period of two years, and that tii<' iiicii helievi'd that this was the real destination of the ship. Siie took Inr Clew on hoard while lyiny; in the Clyde, oil the port of Clreenoj-k, iuid on the I'd -of April she sailed. vVith res]>eet to the .Mar, the small steamer stated by Mr. Adams in his nole-of the Sth to have conveyed men and munitions of war to tin .Japan, the commissioners of customs had, before the tlate of that note. r«»ceived from their collector at Newhaveu the ioUowinji report, wluili tliey had forwarded to the treasury:' Mr. Dolnii to the iwnmimoncfs of ciiKloms. CrsToM-Hoi sK. Xeirlutren, April i), IsW Tt'ir;ii-aiii, wiocii. lor |inr|>o.s(-.s ot sfcrccv, iijmi im'ch sent iihtc aim noi to .\cvviiaMii, u i.H Mi><|it'ctcil. Mr. Staiiit'ortli. tlic a;ii'iil, icidicd lo my iiicjiiiiies this iiii)i'iiiii<; lli;it llii- Alar liad riinnit'oiis of war on hoard, and thai they wcri! ronsij'hcd by to a Mr. 1 cwis, of Aldciui-y. llis answers wen- Ixifl, and witli rfscwc, lca\ in^ ini* donht on n:v mind nor on thr minds of any ht>rc that llif tiiirty men and nnniitiiniMii' war arc destined for tran.sfi-r a' sea to some seeond Ahihama. The private telc;;i:nii to ISri^liton intimated, vei-y jirohahly, havin;; l)een reserved for tlie last honi. wluiv that vessel wonld lie fonnd. Whether the shipment of the men, \\\\i< all a|i|iciiiiil to he '{ritish snhjeets, ean, if it should he hereafter proxi-d that they have liiin transferred \-i a I'ederal or eonfederate vessel, he held asan infrin<;ement of llie fcarijjii- enlistmen) aet, and whether the elearaiu'e of the Alar, if hereafter jnoved to he niitriic (lan rendt r the m.ister anienalde under the eustoms e«in.siilidation act, is for yonr fou- ' siileralioii respeet fully suhmilteil. lSi,;ned) ' K. J. DOLAN, CxAMur. No, Coiilnit. Tort of Nowliaven, -, pilot. 'i'onua;je and * Ships name ninnher of If Ihitish, jtort of and desti- j^nns. rejfistry ; if for- N'liniWr of Name of nation. eign, the t;oun- try. cr»>w. master. 1 ToiiH. 1 Onus. 1 "Alar." Al- a-i BrUish sliip, W Jw. IWk. deniev Loiuh>u. .nntl St. , Malo. t Niiiiilu-r III |m>seii- tro<)|>>- 'ApiH?mtix, vol. i, p. 405, ■ BUkok iu the criginaL CASE OF GREAT IJRITAIN. 359 Willi Imiihi'tl iiiul tiaftsHliiiiiUL-iit ^^ooil.s. Uia\\ltaek and n'.^tiictftl fioncls. Marks. NuiiiIhts. NiiiiiluT aiitl (|)'S)'ii|iliiiii <)t° |i a (' k- Ugi-H. ] lii-inarkH. ' Marks. • Nuinb«'r,s. NmihImt anil ilc- scri|i(ii>ii of ]ia(k- a-fs. l.'cniaiks. » Hi'iti.sli jjoods and foreijju ;;itod.s fn-i- of dnly, and fon-ijjn jjntids not, fur drawliai'k : Sundry free ;;iK>ds. KxiiMiini'd. (!Si;,'ned) W. S. FJ IXV, IJjoiniiiiiHj nifirer. (J. \V. Stami OKIH, Jliokir. Clian-d, datctl Aprd t. I (1(( (Icclarc tlia( (In- aliovr conttMit is a line afciinnt of all ;;(>ods shi|i]ti'd » of tin- act IT and Iri Nitt., cap. 101, liavi; litcn duly coniplifd Willi (.SiKiifd) JOS. JJAC'K, Mitilcr, .Si;;ni'd aniit, and on this point no inloiniatioii was or could he conveyed in tiie re[»ort, since none was possessetl l>v tlie eol- k'ctdr at Newlniven. Ol the 11th April, lSt;;{, the lollowin;;- statenjent appeared in the second editioik of the Times newsjiaper:' I'l.VMoi in. ^(iliinliiji Mortihiff. Till' steamship Alar. Captain Hai'k, of and finiii Xcwliaxi'n, lor St. Malo, jiiif in here tills 111(11 niii;;', and landed seveiiti'i-n men l>i'|iin;;in;; to tin' steaniship .lap.-in. Captain .liiiics, iiiHM(Mi.s. which left (irei-iKM'k on the 'J-th .\larn tin- It h April, at II a. m., oiw l Piiwnpalrick, serionsly ; tln-y were taken innneiliatily into the captain's caMn. Iiaiisfcrii'd to the Alar on the '.itli, and are intw in the Devon ami ('ornwall hospital Ik'Ic. The other fifteen are seamen and (in'inen, who look advantajie of tin- pr.isimiiy "I tlie Alar, and are said to have "liai kcd onl id' the voya^^c lo China." They left hy liiuii llijs iiKiinin;^ for Liverpool. I'ortsiiioiith. \c. The .lapaii. \> hicli had a emnple- iiiriil of ii;;liiy men, has proceeded, 'file .Mar had to lay to in tin- Channel mi 'I'hms- 'la\ and Friday, in consecincnce of moiiic trill in;; damages. i'.inl Knsscll, on ob.scrvin;; tliis statement, j^ave ordei.s tinit it should oc iiiiiiicdiafcly brouy:ht t«» the notice of the secretary ol' state lor the "oinc (h'paitiiient, and the lords commissioners «)r the treasnr\. .Vfter- >Vii:«l, and on the same day, at o p. ni., he received Jroin Mr. Adams the 'ollt»\\inj; note rel'errinj,' to it :'^ 'Appendix, vol. i, p. Adi. «Ibia., p. 401. 3G0 i TUKATY or WASHINGTON. ilr. .Idamn la luiil L'kshiII, I.i;s(> to your li)nlslii|) n slip I'xtriii'frd iVoin flic l.dii- (loll Tillies lit' til is {\ny, ti)ii<'liiii;r di,. casi- ul' tlio vessel now culled the .Japan. Init iiaiiiiil jit ( JrcHiiMck lately the \'iry;iiiiii. It is needless In add tliaf the stjitenient tlieicjn mail,- of till' destination of the vessel is known to nie to lie false. 1 have reason to lic|ii.\,. that slii^ has not ^ono. The str;iMier Alar has ali'ead!^ transl'eri'ed to heione i)(i-])onii(li.i ;j;iiii and four sniallfr oul-s, and it. i-xitcetetl to it.'tnni to iu-r. I prav, iVc, (Siened) CHAIM.K.S FUAXCIS ADAMS. Copies of tiii.s note wovq imiiKMliiitcIy sont to t\w homo ^Icpiiitinciit and l\w tn'iisiiiy, witli a n'qtu'st tliat it .should rcccivt* iiuiitcMliatc atti-ii- tioii,an)'(iicHr to the (■ommi1^:il)lt(■rx of ciintoiit>i. Ct sfoM-Horsi:, riii.nniilh, Apiil 11, \>i^^^. HoNtii! viti.K Silts : I liojr to snliinit, for yoiii- honors" information, the inclosed st;ii, . nieiit of the master of the stt ainer Alar, ot" London, to which he has allixed his si;,'iia- Inre. lie states that his vi-K.std is a leyular trader hetweon N'owhiiVfii ami the Cliaiiiiti Lshinds., ifespoct fully, &c., (Si},Mied) N. K. liHOWXE. Slaitmint of Mr. Ilttrlc, uianlir of the xvrcw-sktumr Ahir. T cleared from Newhaven on the Ith Ajiril for Alderncy .nml .St. Malo, in hallast, aini Hailed from thence on .-iinday the ."»ili, havinii on lioaril ahoiit thirty iiasscn^cis.ei w!' :n a'ooiit six wi re in the ealdii. and a ipiantity of packages, which I supposed cnii- < ])ointed out to me (ty the owin r of ihip, and 1 was infoiined liy him that tlic pm- visions li!'loiij;ed to this pally, and that 1 w;'^' to ol'cy his iiisi met ioi's. On Suiida.N , a lion t '.\ p. m . my cimiiie liroke do\« a, o\s in;.j to t he hiirsl in;; of t''e Cccil- pipe, ami I N\as compelled to rake i.ui tires, and 'ihn\ oil' steam : the engineer repain'd dama;.;e. ami after alioiit m\cii or ei;;ht hoiir^" delay I proceeded on my \iiiu(>r came tip to lue. and ii>k my vessel in tow . 'I'lie steaiiuT towed me toward the coast ot' FraiKc, in order that I inij;ld >iet shidtei ii clicct repair-'. She towed me for iiliont an hour, thuu tin' rope parted; ami in ciuiiin^ li.ack to fetch iii<' a^iiin, tlii^ tow-rojie erot foul of (he lai<, Ntc'inicr's pro|)eller, .and caused licr to liiil .\ a pcrsmi in authority on hoard llit; lari>;e steamer, if I would take t\\v» uuui who had hecii luiilly scalded to any port where th. re was an hospital, whir ten otluM's, and the person who hid spoken Vo mc .aliout the ."u hoard in> xcssel ; ami 1 at once procecdcil for tU( liist Kn^lish port 1 could luako that luul iiii lumpital. 'Appendix, vol. i, p. 408. CASE OF GREAT IIRITAIX. 3fil J iiiiiinl wiflitliolarso stoiiin'Toii 'I'linrsdiiy ;ift< riincm. On tlu'nffcriioonof I'ridiiy avo nciiiii lii"'-i;;lif«'d tlir l',dkc to n.s on Imard tin- .stcanirr— aliont ono do/.m nirii, ini'liidiiiM-ll<">^i'T rii/inoiilh, April 11, 1i^G:J. (.^^JMiiftl) ' N. E. IIKOWX, Colkvtoi: Oil the l(>th April, Eiirl Uii.sscll recoivcnl from Mr. Adaius ;i note iiit'losiii<; two (lopo.sitioiis piirportiiijj to be made by sciiiiMMi who litid slii|»i«Ml ill the Jiipaii jit (ircciiock, ti.s part of* her crew, iiinl_ liad siiico ntiiriicd to Ijiverpool. The note and copies of tiepositions were as lollows : ■ J/r. Adamx (o Karl IlunneU, Lkoation' of tiik UNrria> y: I liavo thi> honor to transmit copifs of two tli'posit ions of Hiitish snliji-cts, wild appiar to iiavc hct'n stdiiiteil to (•n;;a<;i' in thf niilawt'nl expedition «t' tiit^ .lapan, 'diim tilt' \'ii';.iiiiia, a;;aiiist tlif I'oninii'ri'i' of tlio rnitfil States. 1 appeiin a list of the oDidis and nun, Milijeifs of (ireat IJiitain, sliippetl at the Sailms' Home in Liverpool, a lar;;i' part of whom have lieeii inilneeil to join the piriitieal expeilition. Likewisu a list (if the men who ret'iised to enlist, let't the Vir;;iiiia, anil retiirneil to Livtwpoid. It is nut without threat pain that I leel it my duty to point out to ytnir lortlship tlieso traiisaitiiiiis at I.iverpoid, and the extent to whi«ii, if not in some way inevented, ilii'V are calenlateil to ;{ive rise to eomplainis in the l'iiite'. She was advert isetl in .Sailors' llciiiic as hound fur this port. I helon;^ to the ro>al nav.-il reserve. We s.iileil from k was III t'limniaiii I. \V, Imii'Iiiii'K on the '.ill day of April instant. Captain llilehcoel "ailiil lii>l down towarti file Isle tif Man. ^^■e then taeketl ami went north throii;^!! till' Xiiilli Cliaiiiiel anil tlown the west eoast ot' Irelaml, passetl Cape Clear, and steered i:ist up the Channel. I'shant li;;ht was the tirst li^lit wr si^ihttd; went towaiil St. .Malo. We then )mt Iter to the westwaitl, and dodjiiil at slow steam all iiijjht.^We It'll ill with the Alar steamer just otl' Morleiix ; we were not more than three or four miles I'limi laiitl at the time. 'NVheii tli« Alar saw us sht- hoistetl a tlao : we tliil nuthiii;;' in the day-time. ,s|i,. himiMlii to iis ;;nns, shot, III II. I'ot'kets, aiiininnition, lilies, cutlasses, ami all sorts of im|ilemeiits of w.'ir. I lOllll lilt' iiiak tell nine Whitworth jinns to lie moniited on I he tfi I mav III' mis tak en alioiit 's name. I only know they were lirt'ecIi-lDailiii;;- ;;iins. I iintlerstootl there wasdiie lar;r,. pivot-jrnn on lioaril when we left (Jreenock. I left the vessel on Lriday liiHt, ill ilie steamer Alar. After we ^ot all the car^o tlisi'hai'j;ed from the Alar intotlie iliiiii, at I o'clock on Fritlav afternoon, while w«' were otf I5rest, ahont twti miles fn land, the new cantain who tame to i|s in the .\lar, Iiaviny; tlresseil himself in re^iimeii- t'lls, in a lilii,- iinitorm with a star in the epaulets, hail all liantls pi;ted aft liy the linatHw liii. lie then iliri'ctctl tin' Innteiiaiil to I'eatl the artic ami then said, " We are iioi liiiiind for Sinyaiiore ; we areetiin^- to sail iintler the confeileiale lla;;, the llfl'J Name as the "Alahama. to sink, hnrn, and tlestroy vessels heltniiiinj; to the rnileil i^tates. All of yon who wish to join, I w ill ;iive CK' in cash as .soon as yon si^fii the », iiiiil yon who do not wIhU to join can go back in tliu Alar. Tlioso who joiu .'^rticlt Appendix, vol. i, p. 418. 3 3G2 TKEATY OF WASHIXCJTOX. i A Hhall alno have CI |M'r inoiitli extra." The (:a|ilaii» ti>l was to Iw tli,. Vi|. I^iiiia, aiwl this was the naiiH' iiii-iitiiincil in tin- avticlcs wliicli we wri'c ri-i|iiirri| ti> Hi;;ii. 'I'Ik-v iiail till- coiil'i ill rati* lla:; on Imaril at tin* tinn^ laiil ilown on tin- llcmi ol tlir caliin, lint it was not Imi^ti-il. 'I'lif artirli-s wi-in fur (liriT yrars. orilmin^ tlir \va; witli till- I'liiliMl Stall's. Dniinji; tlu' iii;;lit, wliili' wr wi-rr iliscliar^iii;; Ihr i •ai';!) rinin <»iir vissi-1 )o tlic otliiT. wi' wiTi- at anclior M'ly closi' into tin- laiiil; not nioir tliiii half a mill- from tin- lanil, o|i|iosili- a nia;;a/.iiir \\ liirli lirs a i|narti-r of a niilr rinm I'shant li;;ht. W'v wi-iit to this |ilaii', or vi-r.v mar tlnri', fvery nij^ht. Atli r naiiin.' fim ail iili's, till' men \n ho nl'nsiil to si^^n asknl alumt tln-ii waurs. 'I'hi'y wiic idM that ('aptaiii IlitrliLork wonlil svtili' this aflrr wr ai livril at l.ivirpool.' I saw Mi, liiti iicork yi'sti'iilay at .loni's A Co.'s olliii'. No vJ-* Cliainl strii-t, Livi r|iiiiil. Tlii> lionsi; of .liinrs tV Co. arli'il as ai^rnls for shipiiin;; tin' im-n. <>ni' of thru' i-irrks \\ii> at thi' Hti-amrr whirli took lis aionml from Livi'i'|iool to ( Jri'i'iiock. 'I'hry si;;ni'il all Ih.. slii|>pin;r iioti's; at li-ast, thi'y wi-ii- all niaih- i)ayalilo ihrio at .loin-s iV Co.'s ollii'i's. imd Ihi-y havi- paiil thrni simi'. Tln-y paiil nn- my shippin^r noli' yi'strnlay at tlnir iillicc ill Livitrpool. Theri- wrri' ten sailors latrly l)rlonj;in<; to tlu' itritish navy t'nini i'iiit>- iiioutli, who ciiin' out in thi' Alar. I>ut ntiisi'il to join the vrssi-l. 'I'lny irri'lviil a iipii'i'i' fiom Captain ilili-licoclb not to say anythin of tin- jirm in I luipil stri'it, liivi'rpool, who canii' out to ns in tin- .Mur, was pn-si-nt at thr timi' wIkm ilir nioni'y was )iaiil, anil orili'ml Captain llitrlu'oi'k to pay it to tlir nn-n. .Mi. .Inms soi'iiii'il to [taki'] thai';!!' of nvi'rytliiiijf. Tin- rrport was that shi', tin- \irj;iiiia, \\:i» to f^o to .Maili'ira. Shr hail not iiiori' tliaii tivi- ilays' roal wlirii \vv left lirr. Slir is im iron vi'ssi'l, vi'iy slij.;litly hiiilt, with a full poop as far as tin- aftiT scnltlr-holi' to liir- I'ooiii anil top-gallant foriTaslli'. 'I'liri'i- masts, .si|iiarr ri;;^r(l forwaril ; fmr ami , ill main anil iiiiifti'ii. Slu- iias oni' fniim-l lii'twi'i-ii tlm fori' ami main mast ; a hoiisi- mn i'n<;ini' room, with u (loiiki'y-i'ii I'm steamer .Japan for .•sinirapore, or any intermeiliate port, for two years. Captain llildi- c'oek en,i;;i;;i'il me. anil witnesseil my si'inin^';. 1 was to have £3 III.1. per moiilli. .Mmut fifty men in all si^rm-il in the same way. When we hail si^iicil, we were tohl to tiikr onr liothes to .lones A Co.'s, No. "Jr^ Chapel streyt, ami woliliSllien reeeive an ailvamc noli for a month's pay. 1 took my elothes there, ami reeeivea a note for .C.\ li's.. pay- able ti'ii ilays after the ship saileil from (ireenoek. At .lones iSt Co.'s we were lolil li.\ the Captain llitiheoek to meet at the (ilasy;ow lioat at r» o'eloek on Monilay arieniiiini at the iloek. We went a.s oiilereil. anil onr elothes were 1>ioiij;lit down, ami 0111 I'.in^ ■were paid by a elink from .lones iV Co. We sailed the Hame evoninn in the lliinii. about tifty III all. We arrived at (ireenoek about It or 4 the next afternoon, ami :i tn^ eaiiie aIoii;fsiile and took iisotf the Heron ai.d [int us on board the .screw-sleaiiier .liip.ui, lyiii;; in the river opposite (ireeuix k. Captain lliteheoek came oil' in the tii^ ami I""!'' us on boai'd. lie went on board vithns; he \i< had then the lin;;lisb ensign llyiii'>'' They eonsisted of larye i(iiaiitities of spirits, 'lothin^j, blankets, beds, knives and I'mk" tins, and the like. 1 did not nee any other ;;overmueut olliceis visit the ship. \\|' «aileil out, I believe, on the Tliiirsday untriiiny;. an we Hupposed 011 the trial trip. iiikI steered toward sea. Iii the afteriioim we returned to the lij^ht-house down the C'lyili' and stopped, but did not anchor. A tii^ eaiiie to us there with Home more men :•»'' IM'ovisiouH from (ireenoek, and iw w)ou as we had taken tlieiii on board we started ilmvii aguiu and steered right to sua. The pilot left us next iuuruiii{; off Castletown, Isl'' i"' CASE OF GRKAT HRITAIN. nG3 Mail. Cuptain Hifi'lirncU IijhI cKininiiiiil oftlic vessel. Alioiit two days nftor wt> iiiiulo laiiil. as I was told, on tin- enast of P'riincc, and we ke|it liealin;; aWout theit! t'oi' Mev- I'l'id il;i>s. We wonilered wliy, l>nt did not aseertain tlie reason. 1)11 .\ionday. the titli, an Kii;.'iish serew-steann-r, tiie Alar, ol' i^ondon, came to ns and siMike IIS, We were so near the eoast (d" l''rance that a shot eoiild he tired ashore. (';i|iliiiii iliteheock told the Alar to yo under the isl.nid. The Alar soon alter made i\ sjaii.d lis it she was Inoke down, and the .Iai>an took hei in tow. We loweil her a\\ hih) iind the hauser hi'oke. She then steamed away lierselt', and we soon alter spoken Fieiirli |iilot-hoat and we took a )dlot on hoard, as went out to sea, and the Alar into another hay. In *lhe afternoon we Joined the Alar in the other hay, and took on hoard the rest of her ear^ro, iiinsistiii<; ()f ;;iins and ammunition. Men in the mean lime were en^a;;ed nnikin<; the liitiM;.'s for the ^nns. Tin- same afternoon a tall man they called J.aniont or J>n|)ont (lime (III lioard from the Alar and took charj^e of the .lapan. lie c:ime on deck in nui- I'driii and called all the men aft. He told ns she was no moi'<> to h<; called the .Japan, lull the \°ir;;inia,'^'rodiiced articles; and readin;;' tliem III tile elfcct that there woiild he disci|dine same as the Alahania or any other under tlic ciinfedcrate llaj^, he said lie was ni>\n<^ to hiirn and destroy all North American ves- mIs. and told ns we should have £1(1 honnty to sijjii for three years under the confed- tiale lla^. One of the men asked ahont ])i'i/.e-money, and he said we should havi^ the siiiie as the Alahama ; that any man who had a family could have half-jtay. Ki;;ht of ti> went into the <'ahiii to see what he would do witli us if we would nol ship. Ho >aiil .Mr. .(ones would pay our faic through to Liverpool, and anythin;^ else that wi^ ii()iiind when we came ashore. Mr. .loiies was sittiiij; at th'' tahle where they wert> |ia.\iii,!; the lionnty and si;>niny; the articles, and said it would )e all ri;;ht. We and a iiiiiiilier of others, ill all ahont twenty-four, refused to join, and the same ni;;ht wt^ Wire taken to the Alar and i)oth vessels lel't tln^ hay. 'i'he next mornin;^ the .\lar took llit'|iiliit Ironi the.la|iaii and landed him and her own ahont where we had ]>i( ked them up. I was hclow when she took the pilot otV, and did not .see the .Japan after Icavin^j lur ill the hay. I heaul the order yivin to I'loist the confederate lla;;. Captain liitdi- ccirk. Mr. Jones, and the chief and second mates eami' from her with us. We wero l.'iiiiletl at I'lyinoiith on Saturday morning', and received from Captain Hilcheo(d< a sov- :ii each to pay uiir w ay to Liverpuul, auil the uainu day came in to Liverpool in tho I'lVI; !>lfaiiier. (Si;r„ed) ■fwoin the I4th day of April, li?0:J, before luo, THOMAS MA HON. (Signed) W \I. RATIinOXK, J MaijiMlratt'fiir tin- Coinitii of Ldiirdnlcr. 'Sir. Adniii.s al.«o iiiclosod tlio two lists iiuMitioiiotl in liis iioto. In tho "list ot'olliccrs ami men," the only olliccrs nu'iitioiu'd were the iii)ist«'r, liist iiiiitc, scroiiil inato, store-ki'«'iMM', an;.;('ther with iiiiiiiy others of the orij;inal crew of the .lajjan. Oil the same KUh A[>ril, l.SI!I>: I liave the honor to report to your lordshii» that I have received the lol- lo\viiif, uiitl Alar of London, for the Ncliooiier, wliicli was boiiml trom Km/.ic to Liverpool with iiK'Ucnil caif^o. TliiH vessel liuvinj^ sprnnjj a leak, had rcMjuesti'd the brijj to stay hy until all danjjer was over. After beating about all day they anciiored in Hertheaunio IJay, ahont U in the cveniiifr, wlioro they trietl to transship part of the earj^o from the ■*^ I 'Appendix, vol. i, i». 416. wni. mm 364 TREATY OF WASHINGTON. hHkioikt to tlio lirif;, Imt n lioivy sin f inrvciitfii.\, mull T I'slijiiit, wliiTi' the IniiisMliiitmciit wan clVcrttMl tliat fvcninj;. lii.y tli<-ii siiili-il lor hiviT|Mi<)l." I riilli'il ii|iiiii the \ iiT-ailiiiiral, ('oiiiiiiaiiilri'-iii-cliii'f. to know if hr liail n'ccivi'i) aiiv account ol' tliin a Hair t'roiii('iiiii|iirt. Ilr irpjii'il thai lie had not yet it-ccivi'i! thi-iitlii'j^,| I'cjioi't, liiit tliat hi- hail hern iiilorincil nl' all tiiat 1 hail stalcil, anil also that tin- Ncliooiici' hail .sti'iick on a rock in StiD' Itay, ami that tiic cries of lii-r crew hml Urti Ilea III at tiii'Ii;jht-lioiisi" n I'sliant. Siisiuctiufi that lliii< transshi|iiiitiit ininiit ImmIw;,, I'ontrahanil ;;oiiils I'tir .'iiiii'iica, he has iti-inanih'il a full ri'itort from tin* comiiii>->arv ut iiiarim- at ('oiii|iict, ami will t'onimiiiiicatc it to inu. I liaM', iVc, (Sifrn.il; ANTHV. rKlflMMK'. A soincwliiit more (Ictiiilcd statciiu'iit of Mio iiicidoiitstU'scriritd in tin fon'o^oiiio; rt'port luis Immmi it't'cntl.v tiiniislnMl to Ilrr Miijrstv's ;;ovi'ni moiit by \lvv 3Iiij«'.sty'.s consul at Urost. This statemoiit is as follows:' ii'i- Conniil CUppciloii to Kail (Iraiivilli: Hl{i;sr, Septrmfur \>, l"*!. My T.oim) : I have tlio honor to ackno\vleil>jP the recoipt of a ilispatch from the tm. ei^n otiice maikeil separate, ami ilateil :(lst Aiit the proceeiliii;;s which toidi place within or conlio;iiiMis to the limits of French jnriMiii- tioii. In reply, I he;r most resiiecfl''iilly to inform your lordship that at Morlaix inithin;; i- known of the cimfederate cniisrr ( Je(ir;{i;i, either iimler the iiJiiiie of .Fapaii or \'iiy;iiii:i. but the matter a|ipears to hase traiis|iiri-il near to Comiuet, marked (A) on the arrmn- Itanyiii;^ chart, and was as follows : On the '.ttli April moruiny;, Hfi!!, two Kn;;lish vessels, ii liri;j and stiaiiisclioonii. ■were seen in the Fromveur ('hannel hetweeii rsluinf and the main-land, ( 15, i inakiiii; Hi;;uals for a pilot. Two pilots of Mnleiie, named I'itini ami Marec, went nii Imanl. They were told that the vessels were the hii;^ .lapan of Liverpool, and schooner Al.ii of i.omlou, hound for Liverpool, with a general car^^o. The Alar was lepresented to have spriin;; a leak, and had re(|iiesteil the hri^ tiotiiinl by her to render assistance if rei|nii'eil. At ■•ilioiit ll in the eveiiiiif; o|' the same ilav tin two vessels a'.ichoi'cd in Iterthcaiime Hay, ((',)aml elVorts were made nnsucce»fiilly. owiiij; to a heavy surf, to transship part of the car^o from the schooner to the liiii;. The pilots propo.sed to lake the \-essels into Mrest, lint Were refused. Tile two ve>M'l* jjot under way at ,') umler rsh.int, where the Iransshipimni \v,i^ I'tlected, and th.it same eveuiu«f they saiU'd for Liverpool. The otlicial rejiorts made to the admiral of the port of Ilrest by the Freinh iuiv;il lij^eiit at I'shant, and the custom-house ollicer at. (.'oiii|iiet, state that the schooner \va> Hi^hted before the brij;. and that both were seen, lioveriii;; abmit for two or three da>>: they were both seen close alon;;side of each other, the schooner api)areiitly di.Mdiar;;ni^', or tryine- to ilisehaijje. eai^o into the bri;j. After !(nchoriii;i in .StilV May tlie tranM»lii|i- iiiiMil was actively carried on until betwoiui 7 ami H in the evuiiiii};, at about wliidi lioiir the \)v'\rica, for the L'oii federate States. Oil my return to my j>ost I shall be in a position to forward all thu inforiiiatiuu couiii'ctcil with them, sliouhl your lordship consider it exiicdiout for luo to do 8o. I have, «.Vc., (SifriiPtl) IIOBT. CHAS. CLlPrKKTON. Tlie placo.s calh'd CoiHinet and Boitlioaiiino Bay, and nuMitionnl in the two preceding? reports, are on tho coast of France, in tlie (h'part ' Appeudix, vol. i, p. 416. CASE OF GUI: AT IIRITAIN. 3G5 I'll \M1 iiiciit of Fiiiist«T«'. The }\i\'\v dii StilV, or Still" IJay, is on tlic «'«iast of ihc I'lviicli island of Oiicssaiil, oi- r.siiaiil. I'loiii tlic statriiMMits roiitaiiM'd in tlit> luccrdin;:' ihpositions nnris, it apiK'ars tliat tlu' vessel a(t«'i\vai'd calltMl llic (lfoi';4ia saiU'd iKiiii (Ircciiock iind*']- tli<> iiaiiic of tlif .lapaii, as a incrcliant-vi'sst'l, on ;i tradlii;^ Nova^;!' to tin- ICast Indirs, and lliat nntil slic arrived olf tlm ciKist of Krani'e lu-r crrw \v«'r«' not aware that tiiis was no! lu-r tine iinicter and destination; that she was armed for war in l''reiM'h ters; and that she there tool; on board lier eoinnninder and ollieers, wlut then and ther*' eidisted a crew. With refeicnee to Mr. Adams's note of tlie l.'ith April, ISCi;'., the fol- Idwiiiy U'ttcr was on the L'lst April addressed to him by Karl Jinssell: Larl liuimdl to Mr. Jc/ohm.' FoiikhjnOimci:, .(;(»(7',M, iHfi:!. Silt: I stiilftl to you in my Itltcr of tlic KUli instant, tiliat ytmr Irlti-r of flii' |ncvions il;iy, n".|iiitin;; tlir case of tin- .lu|i:i!i, olln rwisi' the \'ir;;iiiia. liad liccii icrrircd to Ilit- {irears that tiiat vessel was constantly visited whih* 4[v v.'.i-' in coiii'se of constrnction, and that the sniveys seeincd to show that she was iiiti'iiilrd lor coininercial |ini'|io.>>cH, and that her frame-work and (dalin;; were of thu iijiliiiaiv sizes for \csscls of her class. slie was entered on the iMst nitiino, as for Point <1e (iaile and Hone-Kon^, w ilh a iii'W III r;. K"ii;:. llriMajesly's government are further infwrmed that the .tajian left the aiichora;;e iMilyi'M the- morniii;^ of the "Jd instant, with the osteiisihle |>iir|iose of tryin;; her i'ii;:iiii's, ill tend in;; to ret nrn, ha\ in;; on lioard several Joiners, w ho were lit tin;; np her raliiiis. These men. who are said to have lieeii employed at a later time in lilt in;; np ;i iiia;;:i/ine, were snlisei|nent ly landed on some jiai t cd' the coast lower down the ( 'lyd^^ Till- rii>tom-hoiis<' ollicer who visited the .la|uin on the eveiiin;; of the 1st instant to see that her stoles were correct, reports that he saw nothiii;; on hoard w liicli [I'Jil] conld lead him to snspect that she was •intended for war ]nirposes. lier Maj- esty's ;;overnment are further informed that she was not heavily sparred, and lliat slic iiPiild not spread more canvas than an ordinary merchant-steamer, 1 am, «.Vc., (Si-iiu.l) Rl'S.SKLL t)ii the (piestion whether j)ersons who had Joined the ve.s.sel, or who liiid iinluced others to Join her, eonld l»e prosecnted ;is otlenders aj^ainst iiiitiuli law, the hiw ollieers, on the .'!Olh April, 1.S<<.'5, advised as fol- lows:' 111 (iiii iipinion it is not comiu-tent to Her Majesty's piveriiment at present to taku iiiiy sii|ps in the matter to which Mr. Adams's dispatch of the l.''ith April refers. S(i lar MS relates to Hritish seamen who have accepted the |)roposiil made to them in Irfiicli waters to en;;a;;e in the l)elli;;eri'n! service ot'the ('(mfedeiaft^ .States, we think tliat tliiy have ofVeiided a;;ainst the '-'d section (d' the loiei;>n-enlistinent act, and will lii'liiilile to he proei-eded a;;ainst for a misdemeanor if they should he found within llriti>li JMi'isdictiim ; the first part of that section (which applies to the persons eiiter- iiiu; iiitii siii'h en;rj|^,.j||,.||ts) liein;; in the form iiounds ei;;arf. In i w t. :J ipiarters '2 pounds of su^ar, li I'wt. 2 (|iiarteis H pounds molasses, 2 cwt. I iinarter r» pounds ruisins, 1 cwt. 1 (juurter " poiinds ciirmnts. ■•Aiipemlix, vol. i, p. 41S). k^¥u ^ ^J ^%, ^lt^;^> ^^•' .0. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ""IIIIIM IIM S IM ^ 12.0 2.2 m 1.8 1.25 1.4 1.6 < 6" ► V] <^ ^3 W A /A w'^'w '/ Hiotographic Sciences Corporation 32: WEST MAIN STftKT (716) •/v;--4S03 ,\ W Cl>^ \\ ^. r^^ Ar, "< '^ ' 6^ p w «'i.-, '.;,, '-n '^'1^ 36C TREATY OF WASHINGTON. fill voyage, and afterward, when apprised of the deception which had been practiccrl ui»ou them, and invited to enter an engagetueut of a diti'erent character, they refiistid to do HO. Witli respect to Captain Hitchcock, and any other persona who may liave bnen in- strnmentai in iiuliiciiig tlie crow of the Japan to taiped that it was expected or intended that tluy should serve on board a man-of-war or privateer. As rejjards the liability of the British rej^istered owner to make good to the owners of tlio American vessel destroyed tiie loss sustained by them, I conceive it mnst depend upon the (piestion whether those ill counuand of the vessel at the time can be considered to have been the agents of the hiitish owner. If they were such agents, and there was any evidence to show that the destruction of the American ship could bo considered as an act within the scope of tliiir^uithority, I have no doubt that the owners would be liable; but it appears to mo that the circumstances to which I have previously referred go very far to rebut tlie presunii>ti(»n that such agency existed, and to prove that in destroying the Ameri- can vessel the officers and crew were acting, not for the British owner, but for the gov- ciiimi'ut of the so-called Confederate States. In such case I do not think that any lia- liility could be established against the British owner; for it is now well established that the mere fact of being on the register of the ship (loes not involve liiihility for the acts or eiigagemeuts of the mastt'r and crew, and that such liability is, in fact, u ques- tion depending upon express or i.nplied agency in every case. Although, therefore, 1 do not see how a British owner is to be made liabl#, there is, ill my opinion, a case which justifies the American Governnunit in bringing tlie matter bifoie the notice of the British goverinnent, and re(|niring explanations from that Hincrnnient of the circumstances under which a British vessel is found to be engaged ill the destruction of vessels belonging to American citizens. AVith reference to this part of the subject, it may be here stated that, ill tlie month of January, 18(54, a prosecution was commenced by the > direction of Her Majesty's government against two persons, named .Tones and Ilighatt, (who were admitted to be i)artiiers with Bold in the business of ship-store dealers and ship-chandlers, though not in that of sliip owners,) for having, within the (^tu'eii's dominions, hired and pro- cured men to engage in the serviee of the Confederate States, by enlisting on board the Georgia. The case came on for trial at the Liverpool assizes in August, 18(54, and the defendants were found guilty and sentenced to l>ay a tine. No evidence could be produced on the part of the prosecu- tion to show that the men who shipped on board the vessel at (Jreen- ock bad at that time, or when they were originally hired, any intention to enter the confederate service, although there was evidence that the defendants hired them with the intention of afterward iiulucing them to enlist in that service. The Japan, after having been armed, was commissioned as a public sliip of war of the Confederate States, under the command of a Lieu- tenant Maury, formerly an officer in the Navy of the United States, ft'id luider the name of the Georgia, by which name she was afterward known. ' Appendix, vol', i; p. 427. 3G8 TREATY OF WASHINGTON. [131] *\n }h\y, 180,'?, slio was aG9 anrt'Oiiipiilsory mnasnrcs with respect to licr; nor will tlic exec ii I ion of tliosi- nicusiiics ijiioiii; t'> '!"' coimiiis.sioiit'r.s of the ciistoins, or to iiii\' otlicr civil aiitii'irily. ];v the uiiivci'Miil law ol' iiiitioiis, jiikI iiy tin' I'.tro^iiilN c iij;lit nl' rcj;iiiatiiii; I lie iiitcr- (•(inisi' lictwccii tiiis comitry and tiic jiiililic sjiips of war of a forci;;ii uovciiiiiiciit, wliifii 'idoiiJiM to Her Majesty in ri;;lit of her crown, it is coni))eteiil for Her Majesty Id iiriiliil'if the entrance of any foi'cij^n ]»nl)iic ship of war into Her .Ma,jesty's terrilory, ixci lit under sneh conditions as she nniy think jiroper from finie to tiinetoiinpo.se; and if any Mich prohihilion is not dnly olicyed, it is, in our opinion, )icifect]y within the iiiiiiiiftciicy of Her Majesty to (inforce its oh.serviuice hy her nulilaiy i>v naval ofliccrs, ;iiiil liy tlie ns(! of force, if necessary. If the (ieor^^ia has cease, till.' iinijierty of British snhjects. IJOrNDKlJ. I'AI.MKR. R. P. Ct)LLIEU. (Si-;ned) Lixcoi.x's Ixx, May 23, l.^O-l. The vessel was sold to 'Mv. Edwiird Bates, a sliip-owiier carrying- on a very extensive business itt Liver|)()ol. yiv. Adams, on bein^jf infbrini'd of the sale, wrote to Earl Kussell, stiitiii.u' tliiit, on beliiilfof his (rovernment, he must decline to recooiij/e the vaUdity of it, and nuist claim the ri,«;lit to capture tlie vessel wiicr- cver site mi<,dit be Ibiind on the high seas. Oil the 27th Jidy he again wrote to Earl Kiissell, suggesting that there wiis reason to suspect tliat tlie sale was lictitious, and tiu' vessel iiileiided to be again employed in the coid"ederatc service. To this letter Etirl Kusscll rei>lied iis follow • o .1 Earl HiiKsdl io Mr. Aditins. Foiir.KiX Ori'icr., AkhuxI!^, hSCil. Sin: ^^■ith referenco to my hdter of the 'J-^th nltinio, I have, the honor to state to yon ti:;il Her Majesty's j;overn!nciit do not see sntJicient grounds t'or comiii!;' to the eoncln- Vdii 1111(111 the statements contained in your letter of the "iTth nlli'iio. that the steamer (I'iii'Ljia is aliont to he anain used for licirn^erent piirimses. With a view, however. To liv.'vi'iit th(' recurrence of any tjnestioii such as that which has arisen in tlie case ni' lliv (;riir;;ia. HlM' Majesty's j;iivernineiit. have j;iveii direetions tiiar. in fntiiie. no siiip iil'wiu'dt I'ither hellij;rrent shall h(! allowed to hi! hioiiyht to any of Her Majesty's ports l"i' the purpose of being dismantled or sold. I am, iVc., (Signed) RUSSELL, The dii('(!iions mentioned in the above letter weic issued accordingly, 1111(1 were notified in the London (iazette as I'oljows: Extract from the Loiiduii (Itttcllc uf Scjtlcmlxr r', ISiil. FoHKKiX OiTicK, Scptcmhrr f*, IKH. It is lierehy notified that Tier Majesty has lieen phased to order, that for the fntiiro !!" ■Iiip (if war helonginj;' to either ot the lielli>;eren! powers of Xortli America shall lie :il!'nv('(l to enter, or to renniin, or he, in any of Her Majesty's ports for tin; ]iiirpose of li''i:i;i (lisniantled or sold ; and Her Majesty has heen ideased Io give directions to the '■' lissioiicrs of Her Majesty's customs and to the yoxcrnors of Her Majesty's colonics iiiiii ftirei^n [(ossossions to see that this order is properly carried into ell't-ct. Oil the 8th August, lS().'i, the (reorgia, being then registered in the iiiiiiu! of the saiy tlic riiitcd Stiiti's niiiii-ot-wiir Niatjara, in liiivin" foicilily scizi'd and scDt to t lie United States my scrcw-stcanicr Gi'oi<;ia. " This vessel was, in tlio nioiitli of May last, lyin^i in tin; liiikeii'jead dock. ;iiiil \v:i, oll'ered Cor sale h\ |inl>lie advertisement by tins well-lcnown sliiii-l>r<)lveis, Messis. Cniiv, Kellixlv & (^).,»d" tliis town. 1 li.-id her examined, and, thinkin^i her a "nitahle vesH(d, I entertained an iiifentidn to i)niciiase her. I knc-w slio was tlie jiro, erty of the eonfedenite jiovf-rnnient, niid thiTenjion, bel'oni eomidetini; n i)urehase. I eoinniunieated with tlit! cnstmn-li(iii>c antiiorities at Iiivcri)o(d, in order to asceiTain whether the antin)rities would j^raiit iiie a ISiitish re<^ister, without which I should uot have lion;?] the advertisement *c(tntinucd in the j)uhiie papers, and 1 have in> donlif tl MTJdll !iat this public announcement was .seen and well known to the American consnl iit this JHMt. Eventually I was infornuMl that a Uritish re<;istor would be fjranted to nie if I hmi^jjit her. I cmicluded a jnirchase of her, and ])airesi?nted at th(^ custom-house, where I in:u]v the usual declaration of ownership, aud the ship was thereujion duly registei'ed i II IIIV name iMiriuf^ t1n' whole of this period slu; was in a ]inblic dock o](eu to tlu^ inspectinii nf llif i)nblie, and where I dismantled Ikm- and ])roceeded to alter and re]>air her. All tlii> time 1 did not receive any intimation from eitlier niy jjovernment or fvoni the American consul lU' other authoi'ities that my piir<'hase was invalid. In Jnlv I received overtures from ?>lessrs. lienntitt, of I.omlon, tlirou<>li Messrs, M ca- cock, of Liverpool, as brokers for tlu^ ]*ortn<;uese consul iti London, for a cliarternl' the (ieiu'jiia on time to the l'ortnj;iies(! j;(»vernnu'nt. I eventually a(K'epted tiiis cliai- ter, and then jjroceeded to lit her up in accordanco therewith as a uuiil and passcii- }>('r boat. Wliile she was beinj^j thus fitted up the Niafjara visited the Mersey. The vessel \v;i. still open to inspection, anil 1 have reasmi to lielievf; that the oiilicers of that vessel did inspect lier, but no intimation was nuide to nu; of the intention to seize my iirKjMiry as so(m as she should "^ct into ojien waters. So secure did I feel in the possession of my projierty, that, althoui;h the consul-^'ci:- eral for I'orfnual conveyed to uu'. his feelini!; of api)r-'iiensiou of the Xia.n.ira, I scdiind tile i(h'a as something unworthy of credence, and on tin; f^th Auj^iist she sailed finin the QiU'enV dock in Liverpool iV.i' Lisbon, then! to run in the service of the l'ortni;Mcsi> ffovernment, from tliat playe to tlie coast of Africa anort of Liverpool. Your lordshiji may therefore conceive the astonishment and indi;;nation with wliicli I received the iiitelli'j,-ence on my return to lJver|)ool of tlii^ vessel haviiii;' been seizid olV Lisiion by the I'nited States steamer IS'iaj;ara and sent to Boston. I am well known in Liveri»ool as an extensive sLiii-owiu'r. 1 have no conneclion with the confedtirate <;()verniiient or their agents, and nevii have had, directly or indirectly. I boiiiiht U\c ves>cl for llie purpose of my own business, on an arrauji-.'ment with llir custom-lionse anlhiuities that I should receive ibr her a British register, and in t!;i' bcdief that a Biitish rej;ihter would protect my property fnjin the onlraj^c wliicli la^ been practiced upon me. I res]tectfully submit these factts to your lordship's consideration, and trust that Ihr Majesty's goveniiiii'iit will forthwith take such steps as they may deem neci'ssary in t)rder to jirocure for mc a restitution of my ship and compensation for the injiiiyl have sustained. I have, &c.. (Signed) EDWARD I3ATE.S. ^Ir. liates was inforined in reply that tlio question must go before a pri/.e-euurt in the United State.s, and that he must be prepared to de- fend his interest therein. The view entertained of the ca.se by Her 'Appendix, vol. i, p. 464. CASE OF GREAT I5R1TAIN. 371 ows, com- ■ ^^fajesty's jETOVorninont was aftervranl more fully expliiiiio*! to him in ^1 -27, 1-^ni. tr;iy,(j wliitli !i, ill liaviiii; •Ck, !1)H1 Wlls (.'SSI's. Curry, ail intciitidii I'liniciit. ;iii(l 'llStDlll-lllHlsf llld JiHlMt llic 11 til is ]ifii(iil i> 1« lie Aiiifiicaii -Mosis. Men- a clijirtcr nj' 'il tliis cliiii- aiid iiiissi'u- le vessel \v;i> at Vessel (lid ly i)i')iieiry eiinsiil-jicn- •a, 1 scDiileil siiiied t'liilii I'(>itnj,'iii'>(' i, fjoods, iuid eoveiiiuitcil with wliiili been seized s, and neviT ■lit with tile iiiid ill tl;i' e which liii.^ t that Her ifCosill'V ill the iiijmy 1 ) BATES. ) before a red to do- le bv Her the followiiif;- letter Mr. Hammond to Mr. Bates, FoiiKKiX Ori-in;, Scplcmlnr 19, 18f)4. Si.!: I Jicqiiaintod you shortly, liy Lord Kussell's direetioii, in my hitter of the IMli ins: Stiites, that the ease, of the (Jeor^i,! must j^o hefort^ the pii nut ill the United d that yon iiinst lie preinired to deleiid your inleicst therein. 1 iiiu now further to aeiiiiaiiit yon, in rejily to your letter of the tiTth nltinio, that liiiviii;^ eoiisiiUed the l:i\v-oltieer,s of the (Jrown, Ijiid liiissell desires iiie to statts to von that the Nia^aia, in caiitniiiij; the (Jeor^iia and s^'iidiii^- her into n ]ni/e-eoiirt for adjudication, which it is to he assnnied will Ijo the course; she will imrsiie, has not ex- iTLMled the liinit.s of her l)ellif;erent rifjhts. If the (ieoi'niii had formerly heloiijieeorj;ia to it neutral owner was real, and aceoin- l),ini(!d liy an entire extinction of all the interests and rij;hts of tin; former hostile owner, hut the iiiiieh i^raver preliminary (inestion whether (as af;aiiisr the, rii;ht of ciilitiu'e of the other hellij^erent) a shiji of war can he lawfully transferred hy a hellii^- iii'iit .//r(,'/(V("/^- /«•//(» in a neutral port to a neutral, with whatever imidicity and Iiow- I'Vi'i' ctiiiipletely the transfer may have lieeii actually made, and whatever alterations tliestriietnre, eciuiiniieiit, or eniploynient id' the vc'ssel so dcfuclo transferrc'd may havo undergone while in the iiossession of tlie neutral. [i:i4] *Ijord Russell is further advised thai the otlirers of thoeustoni-honse at Liver- ]t(iol, in ur.intint; to this vessel, upon the production of projier doeiiments, ii liiitish register, merely actiul in confoinii,\v with the municipal laws of this countrv, wliiili iieithi.'r undertakes to assist and facilitate, nor jiretends upon the high seas to ovLiiiile or .supersede the right of marifiuie capture belonging to a belligerent under the law of nations as administered in pri;^e-e(iiirts ; and that it was certainly no part of till- duty (d" Her ila.jesty's giiveriimeiit to inform a. private individual who might intfitain the idea of purchasing this ve>sid of any risk which lii! migiit incur by so doing. A'or is Lord Russell awan; of any obligation imposed by international law and coiiiiiy n[ioii the ri'inesentatives or a,^'eiits of the I'nited States in this country, or iqmii the oIliceiH of the Niagara when at fiiverpoid, to give any notice lU' intimation ffliatiiver that the Niagara or any other cruiser of the United .States might still consider till! vessel a jiroper subject of eaiitnre, whether transferred or not to a neutral, and iiiider whatever register or ilag she might sail. 1 am to add that tin; application contained in your letter of the Ifltli instant for diniiineiits in the case is now under cou.sideration, and that an answer Avill ho returned to you as soon its possible. 1 am. Arc, (Signe( I) E. HAMMOND. su:m:\iary. The Georgia was a ve.ssel built at Dumbarton, in Scotland, and .sent to sea from the port of Greenocrk. J'or whom she was built and by ^\'lioiii and uiuler what circnmstanees she wiissent to sea are matters as to which Her Majesty's goveriHuent has no information beyond what lias appeared in the foregoing statement. The Georgia neither api>eared to be nor was, up to the time when she sailed from the port of Greenock, titte«l out, armed, ore(iuipped for war, nor especially a;a ])ore, and her crew were hire«l for a voyage to yingapore or some in- termediate i)ort, and lor a period of two years. Tlie men wlien tiicy were hired believed this to be tlie true destination of the shij>, and JicV voyage to be a eomniereial one, and they apjjear to have contiiuu'd uinler tliis belief until after tlie vessel iiad arrived off the coast of France. She was armed and e(piii)ped for war in tlie waters of F'-aneojsIio there took on board her commander and ollicers, and her crew were en- listed there; the crew who had shipped at Greenock having- boon i(' leased irom their agreement and provided with the means of ret urn in jj' if they chose to do so. Her ofticers and armament appear to have been conveyed to tlic French coast or its immediate vicinity, in a steamer which had doanid irom Newhaven in ballast for AUlerney and St. ]Malo, and which was stated to be a regular trader between Xewhaven ;jnd the Ciiaiincl Islands. The master oi' the steamer stated that the persons whom she conveyed were taken on board as passengers. Her liritannic Majesty's government iiad no reasonable grotuids to believe that the vessel was intended to cruise or carry on war agjiinst the United States until after she haiit;iiiiiic pakt viii.-t:..- Maji'st.v'.s i;(msul at Tcnciilie a roport (lat«'«l tin' .'tdtli Oc. si„-„:,„.inni,. tober, 18(14, from which it ai>i)oan'(l that a vessel bcarinjj the name of the Kea Kin.!>', from London, had shortly before that dati' arrived in the vicinity of the Madeira Islands: that she had tlicic received on board <;iins and a small nnmber of men from a Ijiitish steamer calle«l the Lanrel ; had been taken possession of by a person claimiii<; to be her commandiii};' oilicer in the name of the Confcdciiitc States, and had hoisted the confederate llag. This report was as lul- lows :' Consul Grattan io Earl IluHHtll, TicxKiMiir,. Ovtohr .'W, \m. J[vIiOi{i>: I ha vo the honor to in form your hjrdshiji that fho liritisli stcani-vcssil Laurel, (47."'ll>,) of tho jiort of (ihisgow, hound from Liverpool to Nassau, arrived \w\v on tlu! "ilst instant for tiie inirpose of coalin;!. The niaster, J. F. Hamsay, on i)res('iitjnif himself af this olliee, stated that he wished to land forty-three ]»assenjfers, wlio wen; to pnici't'd to England hy tile next Liver|)iMil steamer, and that these jM-rsons were tlie master and c-rew of the Hritish steainir Sci Kiny. (ollieial No. -1>'547,) of London, wliich vessel had heen wrecked off tlie Dcsiatas. The Laurel eontinu(,'d her voyaj;t,' on the 'Z^i^\ instant. The master, on {getting up steam, and not heforc, landed the ahove-nn-ntionod seamen. Tlie nuister of the Sea Kin<>;, 1'. S. C'orhett, did not rail at this office, as is usual in such cases, either for tho jturpose of makinjj; a protest or to claim assistance. There- fore, on the :;ir)th instant. I sent, to desire his attendance, and demanded the certiticiite of registry of his vess(d, in ])ursnanco of instructions contained in No. \'.\ Parafiiaiih nl' the ]5oard of Trade Instructions. On handiiiji' in his certificate he informed me t]i;it his vessel had not heen wrecked, hut that she had been sold in London, and delivered to her owners on the liifih seas ; and that himself and his crew had landed here for tlie purpose of retnrninj;; to En;^lan(l as passonyers in the West Coast of Africa mail-stcaiiiiT, due at this ])ort on the ^Ist instant. The discre])ancy between the statements of the two masters led me to seek for fur- ther information respeetiii;^ this matter, and the substance of the declaration I have obtained from Geoijie Kelly, Edward Everall, Jtdiii Ellison, (Koyal Naval Volunteers, 18.'>:5(),) and .Tohn Ilircus, all seamen belonj'ing to the crew of the steam-vessel Sia Kinji, is as follows: " The Laurel sailed from Liverpool bound to Nassau with 24 supposed ofllicers and 17 seamen, besides her own crew, 4') to (i't shells, about live tons of jiunpowlaiid." The 42 seamen noAV here, in charj;e of the foinier musttr of the Sea King, awaitjnpa passa<^(> to England, refused to join the confederate vessel, though as much as £17 per man w as ottered to them as bounty. » Appendix, vol. i, p. 477. CASK OF (JHKAT HUITAIN. 111 I'Otisi'uni'ncc of hiiviii;; 1> me itwiirt' tliiit ii scrioiiM oll'i'iisc iiKaiiist^ l!iiti-.li liw liii> lici'ii fomiiiiltfd (111 '«'tai(l a liiiiisli slii]), I linvc tlioiijilif it my 'lufy t'> tiiki- tlii' ili'iKisitioiis, iipmi »t;iili, of I'oiir dl' ilic sf.niii'ii of tin- Si-a Kiiiif, wliii-li I lia\ t- tin' limi tr t(i tipiwanl to till' 15 lanl of Tiiiilt', a<'C(ii< on oiUli iniuU' by ;i;)7| scvt'iiil sciiiMon, of *\vli()in two bclonjjcd to tlio IJo.viil N;iviil Kc- scrve, iuid nil liiul retnscd to take service on Itoar*! of llic Sea Kiiiin" when she was deelareil to be a eonfedeiat;' slii[) of war; and also il stiiteinent sijjiied by the intister of the 8eJi Kiny. These depositions were as follows:' DcponUioii of John EUisoii, 11. X. V., l-olifi. I sijiiii'd as gnartcriiiasti'i- in the Si'a Kin;? on or about this Hthof OetobiT, H il ; pio- cccili'il to si'a ; aftiT si'vmal ilays wucamo oil' Maiicira ; on tin' sann- iiij;hr a sli-ainiT Hi'iit into the port of Maili'ira: on the, following; mornin^j; tin- Si-a I'Ciii^j;' wi'iit into tlm )iiy. mill si<;;iializi'il to the sti'imuTs that witi; lyin^j; tlii'ii-, and aftiT two hours tin; Liini'l cainc out to .si-a, anil si^nalizril to tin- !^i'a Kin;:;, anil was iinswi^rcd l»y hoisting NO. Ii pi'iidant, which I hoisted mysi'lf. 1 was ordi-rcd Ity oiii' of tln^ passcni^i-rs to lidist this pi-nilant ; tlw captain was mi tin- ]Mni|i at tin- tiini', and, tMrnin, oiiler.s were y;iv(!n by some of tlie passeii^^ers of the, Laurel, who had embarked on liiiiuil the Sea Kini^, and not by our c iptain. One of these passeiijjers told iis tli.it lie was the eaptuiii, and had charge of the ship, and ordered our captain to hoist I he ('oiil'eiii'rate Hag, which was done. Shortly after, our caiitain gave orders for all hands til lay id't ; when the men were .-it't, our captain came out of the saloon with onr articles ill his hand, and said, " Well, men, I have sold the slii[i.'' Imim^diately, the cajitain tiiat liail cliarjie came out alon^^sideof him. Captain (Jorbett saiil to us, '''riiis gentleman is iirt'eiiiiii £4 for able seamen.'' I was standing close to the cai)tain at tlu; time, iind I saiil to him, " I agreed with you in Jiondoii to go to Hombay, which I have my naval ceitilicate to provi I told him, " Von have broken your agreement ; why are we not iniieeciliiig to Hoinbay '." lie said, " Well, meit, I cannot help it ;" and, buttoning \\\\ hi.i emit, ill' said, " Follow me, (and ran to the gangway :) I am otf." Isaid, " Let him go; this istiic slii|) we have earned onr money in, and c.iight to have it out of." After lie had ;'iiiie, one of the passengers .said to me, " Why cannot yon go in this ship .' It is good iiimiey," I said " I had never earned a shilling in Am nv life, and therefore 1 did iiiit It." wish to tight for it ; that Fnglaiid was my country, and 1 was not ashamed to owi Ik said," Why ?" I said, '• Y'oii do not know where I lielong to ; do yon see this 'Ml my cap/'' I hud the naval reserve cap on at tiie tim If 1 were to desert from Ills yon cimld not jdace any coiindeucc in me; yon may try, but it is of no use, I have ;iit the wrong heart in iiie for this, so you have no need to try me any more.'' 1 said lU- 'ii Captain Corbett, '" I stop in the shi|) till I get my money down on the capst lii'iiil.' lie said, " Men, I have no money to ]»ay you." I saiil, " You have sold the "^liiji; what have you done with the money f He said, " I have no iiiouey to pay ymi here;" he said I talked too much. I said, "I will ,seo vou when I get to f'lijjlaiiil. The other royal naval volunteer on 'yoard the Sea King told me that (iil.taiii Corbett hjid offered him between £1.") and £-Jft bounty, and about £10 per "iiiiitli, as near as I can recollect: he refused this, and in about half au hour all the iueii ' Appeudix, vol. i, p. 476. 37G TRKATY OF WA«TII\(iTo\. Hi-,,;* I!,'. ,".lf wi'iit, witlidiit liciiiK pni'l) oil boiird tlio Lniiirl. Tlic T.niiifl went (o iccdmioitrr n Nlii|) wliicli hove ill si}>lit. iiikI cjiiik- IiiicU ami sijuMiiili/.cil tliat xlir was ii llai.|lM,i' Vcs.sfl. 'I'lic I,aiMrl laiil olV almiit a'l lioiir iiihI ii lialf. H\\ inn •" pi'iHiiaili' lis to jciin n," Si'a Kiti;i, ('a|ilaiii ('mlictl doiii;; lii.s iillrriiiosi to this cml. NVIini lie riiiiiiii ii imn-r lliry lidistfd llic lioats anil ]iriiccr(lt'il tn 'rnn ritlr, wlicii' we anivfd on •JOtli. at iii"|;t. mil! Weil' iDit alliiuril tii lanil until tin' 'J'id. Wlini tlir sti-ain was ii|i, icaily tDiliiiMii tlir cliiil' iililiccr raiiir li>r\\ai(l t(» tlir iiirii of tlir Sco Kin;; anil Miiii, '• If aiiylioilv :i«L-! yon w licir yon cainc iVoiii, May yon imi rastaway sraini'ii, ami Irll tlir ronsnl tlir snmi, if r('i|iiinil." (SiK'"''l) JOHN KLLISON, This il('|io.sition wan iiiaili' lnt'orc iiir, ami read ovir to tl\r di'iioni'iit. (Sinind) IIKNUV C. CiUATTAX, C,m,il TKMMtii IK, <)vlvh(r2[\ IMCi. Jk'posilioii rif , f villi .11 In,, It. y. 1.. '.'.'(». I slii|iiiril in till' Si-a Kiiij^ Cor a vnya;.!' to liutnliay and C'liina; voyaj^t' not to rxcidl twoyt'jii.s Al'lir \vi' <;ot ilcar of llir Cliannrl wr stopiu d tlir steam ami iniici'iilnl iinilfr donlilc-rrcl'cd topsails, dodninu; almi;; fur almnt tliiri' da\s, as far as I icciil- 1( rt, lodiiiii;; lor siimrtliiii;;. AX'rtlicn iiiadi' sail andiimiril on until wr rami' to tjn' island of Madrira, ran in past it at ni^lit. tlun ronndid tlir vi'ssid to, and st 1 mw avain till I tlir iifxt inornin;;-; tlirii ^ot sliain up and stood in for tin- liailior ii;;!,iii, A\'lifn we oot alticast of tlic liailior wi- lioistcd onr nninbi'r, w liich was answered liv tlic Laiiri'i stcair.lioat lyin^' at anrlior. Directly alteri'd tlie ship's head oiitwanl, iinil Ktoinl away from the harlioi'. 'I'lieii we were followed hy the Lanrel steamer, wliich };(it under way directly we siennli/ed her; then we laxeil onr steam nntil she I'linu' up tons; sliiMlien si;;nali/.ed In ns when she was j;oin^, Ininiediatcly we set full titeani on and made all sail. W'v ran lor aliont two iionis and a half, when thi' steiniiiv rounded an island, and we lollowed her, taUiner in :,11 sail; and <;oiii;j iiji iimler e;i.>y steam, hronyht the .ship to rii anchor in i7 fathoms. A lioat from the little stejnnci came alon<;side ot' ns, uith tin: c.'i]ilaii> in her, and told onr captain that he woiiiil lie alonesidi) of him in a few minutes. 'I'lieii we cmnmeiiced to secure lair iiiiiin- [i:WJ yarii and e<'t a (lendant from the mast-heail, and •i>\ the tackle hookcil •mini! ready for taking' some heavy weight on hoard. Then the Lannl came iilmi^- HJdo us, and wc coiiimeiiced slin^nin;; tlie cases until ahont l* o'clock, likewise cases nt ]iowdcr, w hicii was earricd to the after cahin and stowed away; likewise lar^e cum ^ of shell and shot ; alsi) cases of rilles, and a ^reat many cases of dolliine-. Alioiit '.> o'clock wc went to onr siipjicrs. Went to work a<;aiii alunt half past 1>, and coiitiniiiil woikiii;H' till ahont ii in the mornino' taking- in ke- eliarge us, and if the law would allow us anything, he would give it to ns. i^ecinj; it Avas HO us(' hanging on any longer, we put oui' things on board tlie steamboat and wiiiteil for the caiitain ; as soon as he came on board tin? steamer shoved olt, got her steam nii. and at this time a sail liovo in sight, and the captain lowered iiis boat and went mi board the St^a King. Again pulled back as (luick as he could, and put to sea, till In' made out what the vessel was, and thou stood back for the Sea King again tolctlin' know it w as all right. AVo liovere. On iiriiviii;^ rliiTo worti not ;,llii\\((| |(> liiiiil until the l.aiiicl \\iis rraily lor sea witli lii'i' .stiaiii iii>. 'I'lii' aliovc lias lici'ii icail user to iii«', anil is ciMirct ami iriii', (Siiiii.il) .lOlIX + ALLi:\. iiiai'k. Thin ili'i)riHifiitn was malt.' lu'loro nn-. (Si-lM'(l) TKNKiiiii K, (Mohtr 'illi of rjctoln-r ; saili'il iVdMi l.oiiiliin, sii|)|i(),si' to lir ;;ttin;4' "" " \oya;;(' lo I'oniltay, iVc. voyii;;i' not to rxcrnl two vcai's. When flif \csscl li'I'l llii'ir wiTr two iutnoiis on lioanl not. hclon^fini^' to liic cit'W : dill' of tlii'sc jirrsonH went aslioif iit I'rai, llu'otlii'V proccrdril on llir soyai;!' ithiis. Alioiit 'I'll ilays allri' li'iiviiiy,- London wr Iiom' to licl'ori' t lir island ol M.i- ih'irti. a ihi' 11 cl- 1 Km;: iavin;r ItfiMi ilod;;in;;' alioiit all ni^ilit. Vs'v si;;nali'it to soiiii' vi'HmcI inside liai'lHir, and soon al'tiT a stranit'i' uaiiii' out ; avd arioiniianiid lirr to i.n island lilt i'O mill's rriiiii Madiira. As soon as wi- Iiad let h;ii oiii' aiii'lior llio otlwr vessel 111' uliiii^side of lis, and we lie^iaii to tuinssliip j^iiiis and aminiinition into tlie Se.'k We winked till late, and when we had dune the mate eaiiie into the forecastle mill iidd lis that the Sea \\\\\\t wu'* sold to the conrederate )io>einment lor a jirivafeer, :iiiil it' We liUeil to. join we siioiild ^^et Cl K'-i. ii imnitli, t' • iionths' wa;;es from the Sen in;;, two months' advaiii'e fioiii the Shenandoah, (the n ;iven to the Sea Kiniu,) mill cm hiniiity. The next moinin;;,after we had linished Ih.' tiansshiimieiif, (.'apfaii (iiihett called the hands aft and coriohorated the niat< "s ,sIlltenlcll^ further sayin;^ llllt 1 1 w e did not like to join he would ;;ive us . m> nioiith.s' Mil >av oiir imsMi;;!' to i;ii;ilaiiil. We would not a;;rce to this, so said we miisf ;io in the steamer ;iliiii;;>iilc, and we said wis would settle it when we "ot to ICi'^land. Tiie new captain iif till' ''"' ^ n;r then oifered ns £(> per nionth and jjl.") lioniitv ; then afterward raised liis otl'eis to .C7 per month and jCKi l.omity, hut only tv ,■ lads joined. \Vc then took iir rlotlis on hoard the Laurel, and we left the Shemimloah in the i.'veiiiiu sht iiiiistcil the lonfcderate lla;f. Tile passcn;;er who went out with us was the first liiutiiiiiiit. Wv ariixcd at Teiieritl'e next Tliiiivday, ami landrd the Saturila\- lollow- iii;;, aiul lia\e since hccu living at the captain's expcii.se, waiting for the mail-boat to take us lioiiie. The ahove has beou renil over to me, and is correct and true, (Signed) This deposition was tiindo belbrc me. (Singed) Ti;xi;i:iri-i:, Ovtuher -^'J, 1804. THOMAS EVER ALL. HEXUV C. GRATTAN, Coimd, hands went. DepoHitmi of George Kolly. The 8ea Kingsailed from London on the iibove voyugo ; as soon ."is shr- got clear of tho Cliimiiel the steam was taken otf, and some of the sails jnit hei' under easy canvas. We sail'. " There is something strange, or the cai)tain would lie more anxious to proceed iMi liis voyage." Y>'e had one passenger on board who was afterward said to be tin- liist lii'Utenant. The sail-maker was making a few hammocks for some of the men forward, and this passenger give lii.m ordciS to make twelve ; from this wo [loO] supposed *this ])erson was not a passeugei'. On Monday night or .'ifternoon cauie off Madeira and dodged olf and on until Tuesday morning, then the can- tain gave orders to the engineer to jmt on full steam till he got outside the town. He lioistuil signals ; they were answered by a .steamboat that was lying in-shore ; then we kept iilV again for a coupli! of hours. The steamer which signuli/cd us came out, and liiitli steamers luiisted signals. We made all steam and sail toward the lee of an i^iaiiil ; we anchored there, and the other steamer came alongside of us. The boat- swain ordered us to secure the uiainyard with a topsail sheet, and to put tackli's for taking in three tons weight. We took in some heavy cases, and also four cases of shot mill shell, which we knew to be such, as some tumbled about the decks. There were some gun-carriages in cases and some w itiiout ; the cases containing the gun-carriages Were jiartly open. Several bales of clothing and beds were transshipped. The captaiu caiiie to us, and told us he had sold the ship ; that tlit "a])tniii wlio now had the .ship wnnlilgive us £4 10«. a month, aud £10 bounty, and he himself would give us two iiiimtlis' wages if we wtudd join the ship. He then raised his terms to £(> and £7, £1() bounty. We refused to go in lier. One engineer, a boy, and an (U'dinary seaman stopped, I believe. The captain told us to go on board the Laurel; that he would pay our passage lioiuo. Wo weut ou board. We received no wages. We dodgtMl off and 5 ■ n 378 TREATY OF WASHINGTON. i^'ii HENRY C. GRATTAN, Comul. on. TIio ooiiCt'ili'iate llii<» was hoisted after wo left tbe ship. Wo then came .lown to Toncrille. The ubove has been i'(ialVu!ei"s of the Crown were forthwith requested to advise tlie p)veniineiit as to the course which should be taken in relation to the iiU'ts stated in the above report. On the 14th November, 1804, the law-oflicers reported their opinion as follows : - The law-officers of the Crown to Earl liussell. LiNCoi.x's Inx, Xorember 14, 18G4. ^Iv Lonn : We are honored with your lordshii)'s commands si<;iiitied in Mr. Layiud's letter of the \'2tU instant, statinjf that he \v;is directed l)y your lordsiiip to transmit to us a c(>i»y of a dispatch received on the I'ith instant from II<'r Majesty's eonsiil at TenerilVe. rcportiufj; tlie circumstani-es under wliicli a numi»er of men h;id been laiidoti at that pint fnim tlie IJritish steamer l^aurel. and the part taken by tliat vessel in tlie o(|nipnu'nt at sea of the IJritish steamer 8ea Kliij; as ;i V(>ssel of war for the sfovcni- inent of the so-called Confederate States. 'J'hat Mr. Consul Grattan states that he had taken the depositions on oath of four of the seamen of the Sea Kinj>;, who were landed fniiii the Laurel, and that ho had deemed it jirojter to send Captain Corhett to llii-il.iiid in safe custody to answer a charge of having infringed the ibreign-enlist- iiu-nt act. That your lordship had ascertained that the depositions had not yet reached the ]?eard of Traile, and that your lordship was unable, therelbre, at i)resent, to submit tli<-m fur our eoiisideration ; and ilr. Layard was directed, howev(U", to semi us at oiiee the coiisnTs dispatch, as well as a copy of a telegram received at tin; li )ard of Trade, announcing the ari'ival of twenty-two of the men at fjiverpool, and to request that we would take these papers into consideration, and furnish your lordship with our advice as to the course wlii(di should be jidopted by Iler Majesty's government in this matter. We arc also honored with Mr. Layard's letter of tliis day's date, forwarding the de- positions in the case of the Sea King. In obeilieiice to your lordship's commands wo have taken these papers into consid- eration, ami have the honor to reixu't — That we think the deposit ions taken at Teueritfe, and forwarded to Her Majesty's government by Mr. Cmisnl Grattan, do not sui»i)ort the conclusion arrived at by tlio c(msn!, that C.iptain Corhett (wlimn we understand to have be(Mi in command of the Sea King until she was haudetl over to certain agents of the Confederate States ell Desertas) is chaigeable with any olt'ense against the l'oreign-enlistni(!ut act. To con- stitute a,n oll'euse under the seventh (the ei[uipment) clause of that act, there nnist have been an (Mpiipment, &e,, with a view to employnuuit in the belligerent [140] service of a foreign * jiower, within some part of the l.'nited Kingdom, or ol Hir ^lajesty's dominions beyond tlm seas. In like manner, to constitiih^ an otleiise (by a person not him.self eidisting, &c.) under the 8n in cDniriiand of ii .ship or vosstrl in sonic jiart of the l"nit<'«l Kiii"'iioiii, or of lU'.v Miijcsty's doniinions bL'yond tlu; msvi, must ltfil. or had ii'Tird, A.C., to enlist, «fc('., or who were dojiarting from Her Majesty's doniiiiioiis for tfic innimsi! and with the hiten'^ of enlisting;, &c. hi every one of tliesc eases the ci iniiiial ael mnst have heen foniniittert ivitbiii some iiiiit of " Il<'r Majesty's dominions, '' a word wliieli, as liere nsed. does nor. in f)nr ojiin- idii, iiichuh' a Jiiitish ship on llie I'ijuh seas. Unt all tiie tacts mentioned in th«se «h- laisitions appear to have fallen phiee npon the lii;;li seas, heyond the limits of Her Ma- ji.-ty's territory. It is, indeed, not ini)pioliahl(; that in tlie preparation of the Sea Kinjj I'm licr voyajje (if she went to sea nnder ('a]itain C'orhett's eommand from any jmrt in tliis countiy) an offense a<<:ainst the seveiitli section of tlie act may liave h«-en ccmimif- icl. It is also jiossihle that the oHicers and men, or some of ti;eii'. may have het i» l.iicd and taken on hoard in this country Avith a view to <'mp!oyment in lb.- eonfeder- iitc service, so as to const itnte offenses ajjainst the second and sixth .-ection.-. or one <y of a letter irom Mr. Dudley relating to the iSea King, together with copies of two (k>l)ositions made by seamen who had shi[»ped on board ()f that ve.s.sel ill tlie port of London, and who had returned to England horn Teneriife in the mail steamer Calabar. These depositions, though containing some statements which were clciiily erroiu'ous, eontirmed, in general, the truth of those .sent to the foioitiu otlice by Consul (irattan. With reference to the original hiring, one of the deponents, John Ileicns, dei)osed as ibllows :- On or about the 2,")tli of 8ei»teiiiber last past, I and .lohn Wilson, a shi|>'s carpenter, wt'iv liKikiiig for a ship in London, and went on board the st' amsliip Sea King, lying ill the V.;\s{ India dock, and s[ioke to the chief mate. He pointed out the captain, wliose name, we were informed, was Corbett, and we spoke to liini .-iltoiit going on th« ■-iiiji. He asked us if we vren^ siiigh) men, and said he wanted all single men if he iiMilil jivt tlH'iii. Ho told iiiii that the ship would bo ready in ten days or a fortnight, iiiiil if 1 likcil to wait he would give me the chance. He a.5ked the carpenter if h«j iiiiililidiiie to W(.rk at once, .iid he agreed to do so, and went to work the next morning. "11 (11 idiont the otli of Octcber I went to the Sailors' Home, and there .-igti'd article.-* lis alile seaman at £2 UU. a month for a voyage to Hombay. them <• to .my port or jii'ilH in the li.dian Ocean, or China 8eas, .Japan or Australian Colonies. I'acitic or At- laiitif Oceans, and back to a jiort in the United Kingdom, voyage not to exceed two viais. 1 received a note for a .outh's advance, whicU I got cashed at I.sjibelJa Cal- (li'i's, No. ii Bird street, East London. Oil Friday, the 7th of October, I took my clothes ou board, when we were told sbo Viw not going until Saturday morning, thc'titb. The other d ponent, who was the Jolui Wilson referred to iu llercus'.s ' Appendix, vol, 1, p. 484. « Ibid., p. 486. f.11li m s/iV-Ji B^^f 380 TREATY OF WASHINGTON. it-'- UJ. t^ "If 1 • .V" *1- ■ '>c^ statement, deposed to a like eft'eet as to both the terms and tlie luotleot hiring. Witli leferenee to the peisuasiinis used in order to induce the iikm) to enlist in the service of the Confederate States, the said tJohn Wilson deiK)see out on the Laurel; there wcii' a imniber of others who also came out on the Laurel: 1 should say about forty. Wf left them on board the .Shenandoah. .Some were acrinjr iis oltieers. Oiu; of tliriii, pointing at the commander, who was standing on the deck, said ho was Captain fcjemme.s. Dcscribinj;' the indncementsoffored Hercusdepos* d tothe sameefll'ect. to tlie men, he .said :-' I .said I should not join, but four others said they would. One was a fireman, one an engineer, and two were ordinary seamen. They were under the inllueiice of lii|niir. which hail been supplied freely to all ho would taki; it since we coii'miMiced taiviiii; in tlm gtiii;'. When they found us unwilling to go the wages and bounty were in- creased, until we were ottered Jt'T a month, and £l(i bounty, and to sign the articles for six months. A bucket containing sovereigns was brought on deck, and the ollinis took up haiidfnls to tenii»r the men oii deck. The four who consented to go v.eiit into the cabin, and I afterwards .saw one of them with tweuty-eight sovereigns in l.islmi:(l. lie added : When the American officers who came from the fjanrel to tlie Sea King were trying to persuadi? us to go in her. they said, " You had better go in the Shenamloali,'' (wiiicii till! .Sea King was to be called.) They promised us the best of li\ ing, and said tliat tlu' best of the provisions would lie t;iken out of the prizes, and all that were, then alioanl ■which were no good would be tlirown overboard. It was .'■tated by tlie deponents that the otlicers who had gone out in the Sea Kiny, including the captain, returned in the Calabar to Engliiiul. The only exception was one of the en<;ineers. The statement that Cai»tain Seiiimes was on board of the Sea Kinj^ was erroneous. The copies of dei»ositions .sent by 3Ir. Adams were immediately laiil before the law-otlicers of the Crown, who, on the 1st of December, LS(U, advised thereon as follows i"* The hiu-ojfkrrs of the Crown to Earl Ilit8nell. Lincoln's Inn, December 1, l^fil. Mv Loi!i> : We are honored with yotir lordshi])'s cmumands signified in Mr. Ilani- inoud's letter of the IDth nltiino, stating that, with reference to our report of the I'ltii November, he wiis directed by your lordship to triinsmit to us a letter troui Mr. Adams, 'Appendix, vol. i, p. 488. ■"Ibid., p. 487. •••Ibid., p. 41(0. CASE OF GREAT BRITAIN. 381 iiic'losinrr;;ia and ]i;i|il>aIiannock, except that none of these ])articular deponents acceitted the :<>Mfed- iratc service when the true object of tin; voya^^e was disclosed to tiiem. Tiiose (pies- tiiiiis, ui)on the construction ef tlie act, are not free from dilHculty ; but in some of tiiu iitliiT cases convictions have been ol)tained and submitted to; and wc; tiiink tiiat, ev(Mi if tlii're were no other point arisiiiji; upon his acts wlien he handed over the [ll'J] ship to her confederate commander, it would b(( i)roper, uptain Corbett should be ])rosecuted for a vi(dation of tlie second section of tho lift, hy procnrjnjf, or attempt inj; to jirocnre thes(! men, and othi'rs unknown, to servo and lie employed, «S;c., or to <;o and embark from Liverpool for the puritose. or witii iiitciit to serve or to be emphiyed, Ac, contrary to that section. We t'lirliicr tiiinl;, on more deliberate consideration, that if tln^.^ea Kiniv ouirht to Ix; (li'i'iiicd (.as, /»•/(/<«_/(«•)(', we tliink she may !)e) to iiave l)een still a Hiitish shii» when Caiitaiii Corbett endeavored to induce tlie men on board her to accept tlie conteder.ite Mivji-.', the (jucition whether her dedc w,"s not tluMi "a place lielonjvin;^ or subject to !lii' Miijc/ity " is a serious one, whicli ou^iht also to b(^ laised )»y the indictment. In our liiniicr rcjiort, we stated that wv did not think a liritish merchant-slii|) at sea was iiicliidcd within Her M.ijesty's "dominions,'" in the sense of the act ; Init in the second clause there are also the otlier and iar;;'er words above noticed, to wiiicli we did not tliiii ailvert, and which iniyht, perhaps, receive ti more extensive construction. We have, &c., (Signed) ROUNDELL PALMER. R. P. COLLILK'. ROBERT I'HILLIMORE. ri'ocoodinos were nccovdiiiftly direeted to l)o tj'.kon a^^aiiist the master nf tlic iSt'ii Kiiiy. He wa.s .in'ested in Jaiiiiaiy, 1805, bioii^^lit before a iiiiijiistrate, committed lor trial, and in XovemUer of tlie same yetir tried before tiie lord cliief Jnstiee and a special jury, on the eliaroe of li;iviin>-, eitiier within the United Kiny;dom or on tlie hi.i;h sras, (Miiisted Uiitisli subjects, or incited them to enlist in the service of the Confeder- ;!te Sti'tes/ T!n' evidence produced at the trial was very eon Hietinj:'. Several wit- iiess(>s who had siiiled in the ship \veree.\nmine' out of the usual eour.^e in her stores which niijuht lead to the sui)positiou tliiit she had any other destination than the East Indies. In eross-exaniination, he .said, "Steamers often take cargoes of eoal to the Ea.st Iiulies. She had nearly as many coals on boartl as .she could carry. It is not au unu.sual thing to send ii power of sale with .slii|)s goiii}; on a long voyage.' With the view of obtaijiing further infornmtion resjjeeting the Sia King, ^U: Hammond, on the 27th rianuary, 18(15, wrote to ^Messrs. liobertson «Jc Co., of London, who had originally been part owners iiiid managing owners of the ship. JMr. Hammond's letter and the aiiswci' returned by Messrs. liobertson & Co. were respectively as follows:' Mr. Hammond to Messrs, Rohcrtson if Co. FouKiox OvviCK, Jiuinarij '27. Wh). Gkxtlkmkx: I am directed by Earl Russell to state lo you that his lordsliip lias been infiiinied that the .Shenandoah, a l"ull-rif;<;ed ship of 1,100 tons and ti.'iO horse-iiowir. now .statci] to belon;^ to the government of tlie so-called (Jonfederate States, was formerly in the jxissession of your iirni, at whi(;h time she; l>ore the name of tiif Siii Kinvernnient. I am, Sit., (Si-ned) E. HAMMOND. [143] *il/c«s)'s. liohrison .j' Co. to Mr. Tfammoiid. o Nkwman s Coi.-T, CoitxuiM,, LOXDOX, ./((Mi/rov/ 2"^, ISn.'), Slis: We bcj; to acknowledge receipt of your letter of yesterday, and to iMforiii vmi that the .'>ea King was sohl by us to a Hi'itish s;il)ji!ct, a Mr. Wriglit, of Livcritoul, through the agency of Messrs. Curry, Kellock & Co., of Liver|»oo!, brolccrs, in the iisii li way, and ihat the liill of sale, Ac, passed through Mer Maj(,'sty's customs in due (»i(l"r. Alter the sah- of the vesst'l we had nothing whatever to do with her, and she riMnaiinil in ilock for some wee]ri(i' not less than £15,(K)(), within six nu)nths after the date of the certilicatc. Wlien originally titled out by Kobertson & Co., and when sold by tlioiii to W-ight,she had on board two ordinary lli-poundercarronades inteiultnl •Appendix, vol. i, p. 497, CASE OF GREAT BRITAIN. 383 only for use as sifiiuil jjmis ami for other uses comnum in merelmnt- vessels. These were the two lli-poniHler j»'mis hereinafter referred to. The crew of the Sea Kinlaces on the passage,) and any other ports or places in India, (.'hina, or Japan, or the racihc, Atlantic, or Indian Oceans, trading to and from as legal freights inigiit olfer, until the return of the ship to a linal port of discharge in the United Kingdom or continent of Europe, the voyage not to ex(!eed two years. From what has been stated above, it will have been seen that the Shenandoah was a steamship originally named the Sea Jving, which had been built not for war but for commeicial purposes ; that she had been employed in the Chiiui trade, and was at the time when she sailed from tl)ei)ort of London, in October, 180-4, registered in tlie name of a Liver- pool merchant ; that she cleared and sailed as for a trading voyage; that lier crew were hiied and signed articles for such a voyage, and tliat they shipped and went to sea without suspecting that she was intended for any other destination ; that there was nothing in her cargo, stores, or otherwise to excite susi)i('ion; that before or at the time of her arrival in the vicinity of the ]Madeira Islands she was sold and tninsferred by lier owner to the government of the (Confederate States: that she took onboard, while at sea, her commander and oHicers, all of whom were American citizens, with a small handful of in:?n as a crew ; that tiic otlicers and crew who had brought her out from London left her, with very few exceptions, and returned to England ; that in order to induce lier original crew to take service in her, solicitations aiul inducements of every kiinl were emi)loyed by her commander ami officers, but with- out siiecess ; that, after being transferre«l as aforesaid, she was armed for Avar either on the high seas or in Portuguese waters, and that she them-e connnenced her <;ruise under the name of the Sheiuiiuloali, given to her by her new owners. It will have been seen, also, that no representation had been made to Her ^Majesty's government iesi)ecting her by Mr. Adams, and that no inl'orniatioii about her was ever conveyed to or came into the possession of the government previous to the rei)ort received on the 12thNovember, 1804, Irom Her Majesty's consul at Teuerifte. Lastly, it will have been observed that imme|i,isi. tioM of her ministers to maintain amieahle lehitions with the Government wjiitli J represent. Willie jierfectly ready to hear testimony to tin; jnoniiifne.ss with \vhi( h all fiiiMiinini- ons remoii.st ranees and repiesentat ions which it has lieeii my jiainfnl duty iicr.tdini,. to snhmit have heen met and attended to hy yonr lordship, it is at the saiiu' tinn' iiiipossilile for me to disjinte the fact that the hostile iioli<'y whitdi it is the ohjccf dfjii] this hilior to iirevent, has not oidy not heen checked, but is even now going into exi'iu- tion with more and more complete snccess. ITe proceeded to dwell upon tlie losses which the connnerce and iiiivi- j^liition of the United States had snst.iined, and the circnnistiinces luider which these losses had been intlieted, and to observe in etlect that siicli injuries must tend to ylve rise to "the gravest ol'eonijylieationslu'twci'n any two nations placed under like circumstances." lie added: That in this cas(! no sncli event has follow«'d lias heen owiiifj, in the main, to ;i fiilj conviction that Her Majesty's fiovernment has m^ver heen animatcfl hy any aj;n»ivi' overnmeiit, w.is tiiat Great IJritiiin had declared herself neutral in the war, ami liml reeofinized the Confederate States as a belli<;erent, and that confedciiiri' vessels Jiad been suttered to enter and imike use of the ports and liarliois of (Ireat Britain and her colonies equally with ves.sels of the United States. On the 2.jtli January, 18155, the Shenandoah arrived at Port Pliilii), in the c(»lony of Victoria, and anchoretl in Ilobson's ]>ay ; and her coin- nijiiKlei' immediately sent one of the ofhcers of the ship to present the following letter to the governor of the colony:^ Lkiitciiant lldddcU to (lotrnior Sir C. IT. Darlhig. CoNiKDiouArK St.vtks Stkajiki! oi' War Sin:xAM)OAii, Port riiilip, Jaiinarji '2^^. l"^!'-''- Silt: I havo tho honor to aniuuince to your oxcelleuey the arrival of the (JonltiliTiite States steamer hfhenaiuloah, under my commaiul, in Port Philip this afteriu)oii, ami Jilso , 'Appendix, vol. i, p. 500. CASE OF GREAT BRITAIN. 385 to commnnicato that the steamer's inachiiiory rc(iiiin\s lopairs, and that I am in Avant of coals. I (Icsiio yonr oxccllcncy to grant }><r eoals to enahle nn^ to <;et to si-a as (|iiickly as possible. I (lisire also yonr excellency's permission to land my prisoners. I shall ohsirvc tin; ucntritlity. I have, &c., (Signed) JAW. J. WADDKLL. [145] *The ftovornor (Sir C. IT. Darlinj;) caiiscd the bearor of the let- ter to be iiitormed that it sliouhl be answered on the i'oHowiiijj (lay. The governor had not, at this or any otiier time, aiij- personal iiiten'oiu\se with the coninninder of the Shenanvloah. Commander AVaddell's ai>i>li(;ation was, on the L'(Jth Jannary, bronght by the governor before the execntive eouncMl of the colony for eonsider- atioii. The advice given by the council to the governor thereon is set forth in the subjoined extract from the minutes of its proceedings:' ■Jl'f Dispatches from the right honorable the secretary of state, covering the Qni^en's proclinnation of nentrality, and all instrnetioiis and orders which have, from time to time, been issncd by connnand of Her Majesty, throngh the secretary of state, to the '.'(ivernorH of Her Majesty's colonies and ]»ossessi(jns, for their guidance dnriiig tiie con- tinuance! of hostilities on the North American continent, as well as ollicial coricspond- ence and papers connected with the proceedings of the confederate! stisamship Alabama al Hit Majesty's colony of the Cape of Good Hope, arc laid before the council, and ivad liy tli(! cl(!rk. After careful considt.'ralinn of these instructions and papers, the council advise that tlip honorable thi! commissiom-r of trade and customs, writing in the name of his cx- cfllcncy tli(! governor, should acijuaint the commander of the .Shenandoah — 1. That the vessel under his connnand will not b — and to eltect her re])airs ; and that when the gov(!rnnn'nt of Viitoria are in possession of the nature and extent t)f the supplies and rei)airs which are necessary, the comnmnder of the Shenandoah will then be informed of the time which his vessel will be permittcsd to remain in the waters of the colony. li. That, in reply to that part of his letter which refers to prisoners, the connnander of the ."Shenandoah be reijuested to communicate to the government of Victoria the names of the prisoners, and any other particulars relating to them which he may be willing to supply. His excellency, concurring with the advice which has been tendered to him, directs the honorable the commissioner of trade and customs to address the commander of the Shenandoah in the above- recited terms. The coinicil further advise his excellency to authorize a comnmuication being made to the United States consul at Melbourne, informing him of the application which has hcoii nnule by the commander of the Sheuamloah for permission to land prisoners, and stating that the government are desirous of knowing whether the consul will under- take to receive and provide for them. In conformity with the advice of the consul, commiinicatioua were addressed, by the governor's direction, to the commander of the Shen- andoah and to the consul of the United States at Melbourne, ^Mr. W. Blanchard. The consul replied that lie had already made provision for the persons brought in as prisoners by the Shenandoah. He addressed several let- ters to the governor, protesting against the admission of the vessel into the port of Melbourne, and calling on him to cause her to be seized, as % ■■■ 25 a » Appeudix, vol. i, p. 511. VA-, 'sr* 38G a'REATY OF WASHINGTON. piuiltv oi' piracy. The reasons on which the consul relied were .stated b> liiin in the tbllowing- letter:' Mr. Blanchard to (lonriioy Sir C. Ihirlimj. Cox.sur.ATK OI' Tin; UxriKD Statks ok Aaikhica, Mdhouniv, January '2f*, 1-ii.), Sii;: I ;iin in n-ceipt of a coiiiiminii^atioti fmin C. J. Tyler, csti., yonr o\('('ll('M(y's aidc-ite-ciimii, dated to-day, iiironninjj; me tliat your cxcelleiiey lias Hiibniittcd niv dispatelieis of tlie 'JCiMi iiiid tiTtli .January instant to the conHideratioii of yuii Ic";!] advisers, and that yonr excellency's dc^cision, when niudc!, will be forwarded to nic, " Evidence! l»einj>' daily accnnnilatin^ in this ofiice in snpjjort of the reasons t )r tlir ]n()tests I had tlie honor to forward to yonr execlleney, I now bey leave to call vdiii attention s]iecially to the followinfr : 1. That the Sea Kinjj;, aU<(x .Shenandoah, now in this port, and assnniinj; to Ih- a wur- vessel, is a Ihitish-built shiji, and cleared from a liritish port as a merchantman, li-|,'iiilv entcriiif^ no jiort until hei' airival here, where slie assumes to be a war-vi'ssel oltlii'sii- styled Ctmfcderate States ; that any transfer of said vessel at s^a is in violation of tlie law of nations, and does not ehanj^e her nationality. tj. That inasmuch as Her ilajesty's neutrality i)roclamation prohibits her snlijms from supplyinjx or furnishing any war nniterial or shiji to either bellijferent, this vt'ssd, haviufi an orii'd, Messrs. l.aii.i^lands state they will not be able to aceomiilish the rejiairs Avithin ten days from the date of their letter. After consid(^rin Appendix, vol. i, p. 514. m 388 TREATY OF WASHINGTON. coniniaiuliii}? the SIuMianadoiih toHliow IiIh coumiiH.sioii from tliogovcrniiifiit of tlni Ccm. fi'dfiaf*' Stat(•^^, aiitlioriziiiK 'lim to laki' (roiiiiiifiiiil of tliat vt-sscl for warlike iiurim^i.^^ Afti r lnii f coiisnUatioii a majority of his ailvisern toinler thoir oiiiiiioii tliat it woulii not be cxiK'tllcut to do ho. Exlnid from the minittfH of the counvU, — MiiiiilrO^/i^ofthcproccaVnitfH on the (Uh rihimrii iHCio.' ' On coiicliidinj; the ordinary buwhicMS of the day his pxccllcncy infoniiN the conniil tliat sinci' tiicir last mcctinf;' a commimicalioii liail ht'cii rccfivtMl from iIki (Jinniiiuiiilci' of thcShfiiandoiili, thittd :iUth .laiiiiary, stating tliat the imuR-diato Hiipiilios iiMiiiiidl for the olliccrs and crew nnder his command eoiittisted of fresh meat, vcy;ctalilis, and bread daily, and certain si^a snjiplica which are ciinmerated, and that witli rispcct to the list of iirisoners, all the persons — whom on the hij^h seas Jie considered to Ik; lij^ prisoners — iiad left his ship in shore boats, without his knowledf;o,sooM after his.niiviil in the i)ort. The honorablt! comndssiontir of trade and customs had been autjitiiiztd to n^ply ti? Lieutenant Waddell that peiiuission was granted to liim to ship, in rciisou- able (iiiantitics, the provisions and supplies which he had enumerated, anil (liat it was necessary foi- him to place his paymaster in comnuniieation with tlu- colleetoi' ol' (us- tnms as to the (juantities and particulars in detail. The rcfpiest formerly made to Licii- tenant Waddell to furnish the numbers an«l particulars of his jirisimers was also renewed in this conmuiincation, and ho was informed that, althonj^h the nundjcr in this iiistaiiLc was umlerstood to be small, yet this case nuKht form :i precedent for future ^uidanci' in any other ease where it might bo desired to land a larger number of prisoners iu violation of municipal or other laws or regulations in force in this colony. To this letter Lieutenant Waddell replied, on the Ist February, that the mmihor of the prisoners \w had brought into the i)ort were eleven, two being females : that tin y ■were cai)tnred serving in the Anu-rican bark Delphine, which vessel he destroyed; anil on arrival in this port they left the Shenandoah of tlieir own free will— witiiout cmi- sulting the regulations enforced in thiscidony — unmolested, unassisted, and not inanv boat belonging to the ship. He further ad(led that he was extremely anxious to gc't the Shenandoah to sea. The report of the board of survey on the repairs required by the Shenandoah is thou laid before the ciuincil and read. On receiving this report, his excellency states that he had directed another letter to be addressed to Lieutenant Wadddl, informing him that, as it w.is evidently necessary from the report that his vessel should be placed on the slip, it was presumed that lie would proceed promptly with the necessary arrangements ; and it was further jiointid out to him that the slip — which Messrs. Langlands, in their conununication, had tennn! the government slip — w.as not in the possession or under the control of t!ie govern- ment; that it was originally built by the goveiumeut, but had for many years liccn leased to various parties, and, therefore. Lieutenant Waddell's arrangements auist bo made with the present lessees. The commissioner of trade and customs then acquainted his excellency that he hiu! issued in.stiuctions to the principal otlicers in Hobson's Bay to iiniiish daily [148] repents of the Shenandoah, in 'obedience to a minute of his excc-llen(;y of the :iil instant, and that he had enjoined upon these otiicers the nece!plication had been made this day to the collector of customs for penuission to land certain surplus stores, accompauied by a declaration that none of these stores had been captured, but that they all came into the possession of Lieutenant Waddell with the vessel. On consultation with the council, his excel- lency directs this application to be referred for the opinion of the Crown law-oHieers, ■whether such a permission should be granted, and whether the forty-fourth section »t the act 21 Vict., No. 13, is applicable to the case. His excellency then directs Mr. Francis to address another letter to Lieuteuatit Wad- dell, and inform him that, as bis vessel has been twelve days iu the port already, with permission to lay in provisions and to effect necessary repairs, it is now desired that lie should name the day upon which he will bo prepared to proceed to sea, ami that, after carefully considering the position of Great Britain as strictly neutral in the pres- ent contest on the North American continent, the government of Victoria cannot grant him the use of any appliances which are the property of the government, nor can it render any assistance, either directly or indirectly, toward effecting the repairs of his vessel. 'Appendix, vol. i, p. 516. CASE OF GREAT UUITAIN. 389 uloah is tlioii Tlio ivi>ort of the board of .survey roferroil to in tlio forojjoiu^' mimite was as follows :' lit port of Htin'vy hild on hoard the confederate nrrew-steamer Shenandoah. MKMioiitNi:, Fihrnarji I. iHi,"). Wk. tli(! iin(lt'rsicct'(lf(l oil hdiinl tilt' cmil't'ilcriitc scicw-Hti-iiiiit'i' SliciiiiiKlniili tliis iiioriiiii<{» at 1(1.1. III.. Inr tlic iniiiioHti of L'xaminiii;; licr with ii vifw of rt'itmtliijLj w lidlicr that, vessel is iKiw in a lit statu to proet'ctl to Hca, or whether, iiiul wliat, repaiiM arc iit'ce.swary, liavc till' lioiKir to report : 1st. That the ,>^lieiiaiuloah i.s not in a tit stuto to proceed to sea as asteaniship. •Jil. TliMt ii'iiairs are necessary. :i(l, Tliiit till- |iart or partH rc(|nirin; the present armanieni more eliectivc. C. H. D. TooitAK, Fehrnary :?, ISfio. On tlie lOtli February, 1S()5, the con.snl wrote to tlie governor' inclo.s- iiig a dej)o.sition ou oath by one John Williams, who had been a i)risoner on board the Shenandoah, and had escaped from her by swimming a.shore on tlie <>th February. In this dei)osition the said Jolm Williams stated that tifteen or twenty men had joined the ship since her arrival in port, and were concealed in various parts of her, and that three nthois, who were wearing the ship's uniform, had also come tiboard since lior arrival. The course pursued by the colonial government with ^' *'erence to this and other matters relating to the Shenandoah is stated lu the subjoined fnither extract from the minutes of the executive council :^ Extract from the miuHtcs of the council, — Minute 65 /9 of the proceedings on the I'Mh February 180-). His excellency states that Lieutenant Waddell had replied, to the coniniunicatioii which it had been agreed to address him at their last meetinft, that lie conkl [14'J] not name a day tVir proceeding to sea "until his ship is taken on the slip, when the anioinit of repairs which may be iuu;essary could he ascertained and the time estimated in which they cinild be effected, lie further states that the recent gales had l>ieveiited him fioni lightiiuing the ship to the necessary draught preparatory to plac- iiiKlieroii the slip, but that he hoped to do soon the following morning. The opinion of the attorney -general on the application which has been made for ppiiiiissioii to laud certaiu surplus stores from the Shenandoah, is also laid before the coiiiicii. It is to the effect that the permission cannot be granted bj' the government of » ictoria, consistently with a strict observance of the rules i)rescribed for the main- 1 Appendix, vol. i, p. 518. - Ibid., p. 529. » Ibid., p. (506. *Ibid., p. 520. •I WT 300 TREATY OF WASHINGTON'. m 'i:|i^ ' ■ v ! «>f' iM'iifi'iility; mirl his oxcfllciicy iiit'orniH tlm coiincil Unit lin lias .'luHidiizcd ii ('(iiiininiiiciitiiiii to tli(> ciiiiiiiijiikIit III' tli<: Sliciiiinilnali to tliiit i'tt'<-rt. T\w t'mllici' report of tlic lioaril oC survey "H tho Slicniiiitloali, after viewini,' tlmt veH.sel on tlie .slip, \h also Hiiltinitteil ami eoiiHidered. His excelleliey then Htates to llle eiinneil lliat, in eiin^e(|Uene(^ of a lehel' wliicli li,. Iind received I'nnn flie United States eonsiil, dated tlie l(»tli instant, and incJoMn;; n testimony on oath of one .lojin Williams, he had deemed it his duty to rel'ei' it l'<>r'tli(> ('onsiderati(Mi of the law-oftieers of the Crown; as, |M'ii jiiirl. to increase the nnmlier of Ids «'rew by crdislin;;' liritish .snhjccts. in contraveiiiidii di' the foici;;n-eidistmenl> act. In conse(|nence of this lefereiice the law-oHlccrs of tlie Ciown had direct id the altcml- ance of the man ,)ohn Williams, and that he had, with other nu'ii. attended tlmt iniirn. in^' at the ('rnwn law-oltices, and had nnide statemenls to th<^ elfcci that a nuiiiliii' i,( men, rcprcseiil in;; themsehcsio lie I'in<;'lislimen, had ^(iiie on hoard the ShcnaiiiidiiJi since her ani\al in this port with lln^ intention of joining her, and were now iim- fcalcd on Imard. The ]aw-olili<'erH liein^ of opinion that there was sntlicieiit evidence to tiike steps I'dr jirosecnIinK, liad instrncled the pidice to lay infornnitions against these men for a niis- «lenH'anoi', and to apjily for a wanant for their a))prehension. t)n consultation with the council, it was not considered necessary hy his excellciiry to take any farther steps in the matter nntil the result of the |)olice-ol)ice proceediii^r's Avas known; lint Mr. Francis is instrncted a^aiii to inquire, hy letter, when lacatt'iiaiit A\'addell would he leady to |iroceeil to sea. A report from the detective ]iolice at SandridH,e, of this day's date, on matters relat- ing' to the Shenandoah, is laid upon the taiile of the council ; and as, from inlnriiiatidii Avhich had rcachccl the Government, somc^ sus]iicion had heen attached to tiie lanvc- ments of a vessel called the l')li Whitney, now lyiny; in the hay, the hnnoraliie ilic comndssioner of trades and customs nmlertak(!S that lier movements shall he carilully watched. 'i'he honorahle the attorncy-^ent^ral then suhmits to his excellency deiiositiuns takiu on oath liy eleven peisons iiefoi'c the consnj of tho I'nited Status, in Mcllionrnc, wIiIlIi depositions have heen placed in his hands hy thu consul. A true extract. (Siyned) .T. If. KAV, Clvrk of llic ('(iiiiicil. The opinion of the {ittovncy-ftoncral of the colony, referred to in the foreyoin^' minute, was as follows:' Section 41 of act No. II? is not ajipliciilile, in my (ii)iin()n, to this case. Even if tli.' Shenandoah ha re;;arded as a ship having a commission from a ff the - itimis tiikt'U llllll', wliii'li CASE or ORKAT lUMTAIX. 301 IH rir»0] litti'cl. f'liniiiijj "also tlio support dn- tin' fitn-niost oiiil of tho Hcrt'w-rniiiu I'liU'tui'i'il 1)11 tlic Ht.u'lxiai'il .sitit' to III)' ••xii-iit of altoiil 1 IiicIicn. 3(1. 'riiiil tiii'Nc repairs (iHTCMsiiry to n'liilci' tlic .HtfaiiiNliiii Hcawortliy) can bo cfl'i'uted ill or aliiiiit livi' cicai' workiii^j-diiys lV«»m tlil.s diite. (SiKiinl) CilAK'F.KS H. I'AYNK. I,nlv l.iiiihuiiiil, Itoi/itl Sun/, Al.KX. WILSON. h'iKi'nii ( r-Siti'i'i i/ar, DorOl.AS Klj)!',!,'. jSn(i(riiili nildil, Marine Yurd. \Vn.i.iA>i«r«»WN', Frhninrif 10, ]i^(\'>. Oil tlio siinu^ l.'Uli of I'^'l^nl!ny ii wjirriuit was frnintHl l)y a iiiajiixtrato .it Williaiiistowu tor tlu' apprcliriisiou of a man Uiiowii as Jaiiu's David- soii, or "('liarlc.v,'' wlio was statci'iiiltn ■.cssci. 1 iislicd lor (.'ai>tiiin W'aildclK lint was int'oinn'd tliat Im was noi (ot Imaid. I iJH'ii iiskcd I'or tlic olllccr in char}.;!', saw liiiii. and olilaincd iicnnissiini hi y^n on limud. mill tl lliccr my inisini'ss, and n'(|in'stc(l that Ik^ »• nihl 'illow me I o si'c till' llli'll. 111! 1, ill order that 1 mij-nt cxecntc inv warrant. Ii I't'l'n.si'd to allow iiw. ili' tlirii liiiai'i -liiivvt'il nil' tlic ship's avticlcs, and asked in<' to point on* the name of the man, wliidi 1 was imalihi to do. I showed him my warr.dit. which ho looked over, and ret nniinjjc il to nil' he said, "That is all iij;ht, hnt yon shall not f^o over the ship." lie told me I had' Iter I'cturn when HHM'a|ilain was on lioard; hiit as ho could not say at what liiiir. ho would prohahly return, I told him that 1 would see tho ca|itain tlu^ I'ollowinijj ilay. Tills niorniu}!; I went aj^ain to tho Shenandoah, and, after statinij my hiisiness. was allowed on hoanl. I told Cajitain Wadilell that 1 was int'oniied he had jicrsons du Imaiil who had joined his vessel here, and that inl'orinaticms iiaviiiff hceii sworn to that I'li'iit, I had a warrant with mc. Ihs said, "I plcdi.i;e you my wiu'd of honor • -; i'.ii otliciT and a oentlenniu that I have not iuiy one on hoard, nor have 1 eiioaircd an.y line, nor will I while I am here." I said I understood that the i)crsoiis I wanted were wi'ariiijf the. uniform of the (Jonfederato States, and were workiiijj; on hoard. This ho ilistinctly (hiiiied. He oll'oi'ed to show nu' the ship's artielos, but I declined, and told liiiii that I had .seen them last oveniii;^;. I then asked him to allow nu; to ;;o over tho iliiji, and sec if the men I wanted wei'e on hoard. This he refused to do. I said I must try to exeoutcniy warrant, (!veu if I had to use fin-et llo said he would uso t'liiee to resist 1110, and that if ho was ovco'coiue, ho would throw uji his ship to tho ,:;i)Vi'iiiiiu'nt licn^ and j;-o home and report the matter to his ^iovornment. Ife sail "a j^reat slijee,t known as "Charley," who was stated on oath to have ille};allyenlisted himself on board the confederate ship Sheuaudoab. Tlie report is read to the council. [I'll] 'His cxcelleney tiien draws the attention of his advisers to the <;ravity nf till' present state of atVairs as respects tin; confederate steamship Sheiiiinddali, and i)oints out that as the ordinary course of the law has been frnstrat(!d by AViliiiuii "Waddidl refusin,u,' to allow the execution of a warrant issued upon a sworn ini'(iriii;iti(iii, it becomes necessary to consider what steps should now be taken to enforce tlie iiiiiiii- teiianee of neutrality. After full consideration of the instructions issued by Her Majesty's govornnieiit for the oliservanee (d' ueni lality, and some discussion upon the ijiu'stion of tlu; riylit of tlic government lo enforce the execution of the warrant, tln^ council advise; his (■xcelhiicy to direct the honorable the connnissioner of trade and customs to write to LieuteiKiiit Waddell and i-ei|Uest tlnit oflicer to reconsider iiis expressed det(U'iuination to resist hy force the execution of the warrant ; and further to iidbrni him that, pendinj^ Jiis rejily. the jiermission which has been gran ed to him to repair and take in supplies has Ixtu suspended by the j^overnor. liis <'xcelleney then issues a direction under liis own hand that, upon the receipt of an instiuction to that ed'ect from th(> chief connnissioner of police, none of Her Majesty's subjects in this colony are to render any aid oi' assistance to or perforin iiiiy Avork in respect to the so-called confediuate steamship iShenandoah or in launching tin same. His exeelleiu-y further directs that the chief connnissioner of police be instrncteil to f*ned seme jiolice to Williamstow n, to take care; that the direction above nieidionecr is duly observed by Her ^lajesty's .subjects, and that the oflicer in charge of this iorcu \w strictly enjoined to ])revent any cidlision between the police and the ollicers 'Uid nit-ii of the Slunandoah, and that no obstruction in any manner wluitever is to be »licml to their movements. Tn pursuance of the advice of the council the followin{.>- letter was on the .same 14th February, 1S()~), addressed to the couuiuinder of tlio Shenandoah by the governcjr's direction :- Cl.stoai-Housk, Melhom-nv, Fchrndi-ij 14, Wm. Sii! : I am directed by bis excellency tin; governor to state that it has been repi/itnl to the gdvernnient that you have refused to allow tin; execution on board the .S1h'ii;iii- doah (d' a warrant issneil upon the sworn information, according to law, allegiiij; tliat a British subject is on board rhat vessel who has entered tin; service of theC'onfedcniti' >«tates in violation of the Jbitish statute known as the for(dgn-enlistment act; tliar it is not consistent with the JSritish law to accept- any contrary de(daration of I'luts. Avhatever respect be due to thi person from which it proci^eds, as sul'licient to jnstily the non-execution of such warrant; and that, inorttover, it is conceived that this gov- ernnient has a right to expect that those who are receiving in our port the aid ami assistaute whiidi they claim as a Ixdligerent uuiler the (^uroclannition should not in any way oppose lu'oceedings intended to enforce the maintenance of neutrality. h will lie ajiparent to you that the execution of tiie warrant is uticessary, in onlci'to enable the goveiiunent to bring to justice those upon wh', e depositions the waiiaiit Avas iss'.ied, if the statements in those depositions should i)r^ vo false in fact. In liiis \ iew you are a])]>ealed to to reconsider your determination, and, jiendinj; fni- ther information from you, whi(di yon ar<; requested to make with as littli! delay as pissible. the perndssion granted to yon to rejiair and take in supplies is suspended, uiid Her Majesty's subjects have been duly warned uceordingly. 1 have, A:c., (.SigiRHl) JAS. G. FRANCIS. J. J. W.VDDKI.T,, Ksfp, Lieutenant Commandinfi Confederate Statex Steamer Shennndoah, 'Appendix, vol. i, p. 5U4. -Ibid., p. ()43. yroccedhiffs on Ihc UtJt CASE OF GREAT BRITAIN. To this letter the following rei>ly was received :^ 393 Confederate States Steamer Shexaxixiah, Fibruary 14. l^r»5. 8n: : I am in the receipt of your letter of this date, in -nliicli yoii infonii me tliat you have 1)eeii dinicted l)y his excellency the governor to state that it has been reported to the government that I have refused to allo\v the execution on hoard the .Sh'Miandoah of a waiTiint issned npon sworn information, accordinLj to law. alle-iin,:; tliat a liritisli sub- ject is on hoard this vessel who has entered tin; service of the ConlVderate States in vii)liitii)n of the British statute known as the foreij^n-enlistineut act, and that it is not (■(insistent with the British law to aece[»t any contrary relation of fa :ts, whatever R'siu'ct l»e, due to the person from whom it proceeds, as sutlicieut to justify the uou- (xociition of such w arrant. I am then appealed to to n-consider my determination, and the letter concludes hy inlormin<;' me that, ]icnding a further iutimatiou from me, the poniiissidu fjranted to repair and take supplies is suspended. I have to infoini his excellency the jroveruor that tin,' execution of the warrant was not refused, as no such person as the one therein s])eci(ied was on hoard, lint permis- sion to search tiie shi)> was refused. Accordinj;' to all the laws of nations, the deck of a vessel of war is considered to repnsseut the majesty of the eountty wlusse Jlaj; she flies, and slie is free from all executions, except for crimes actually committed on shore, when a demand jnust be nuide for the delivery of srch pt^rsoii.and the execution of the warnuit iierformed l)y the ]iolice of the shii). Our shii)))in;;-artich'S have beeu shown to tlie .superintendent of police. All strangers hav«! been sent out of the sliip. and two CDiniuissioned oilicers were ordered to search if any su(di hav<.- been left on board. [ir>'2] They liave reported to me that, "after m iking a thorough search, they can tind no person on hoard except those who entered this port as part of the coniplemeut of men. I tiierefore, as commander of the ship, representing my govemuient in British waters, have to inform his excellency that there are no iiersons on board this ship excejit tliose whose names are on my shipi)ing-articles, aiut that no one has been enlisted iu the service of the Confedi.'rate State* since my arrival in this port, nor have I iu any way violated the neutrality of the port. And I, in the name of the government of tin? Confederate States of America, hereby enter my solemn iirotest against any obstruction which may cause the deteutiou of this shin ''1 '''•'' port. I have. «S:c., (!>igned) JAS. .J. WADDELL, Liciiiciuuil Commaud'uiy, CuiifuhruU !>tah>s Xart/. Foil. ,Tas. G. Fuancis, Commisiiioiur of Trade and Cniitom><, Mdhonrne. Late in the evening!; of the same day (14tli February) four men, who liad been on botird the Sheniuidoah, were ai)i)reliended by the police under the circumstances stated iu the subjouied report : Siqycrintendent Lytlkton io the chief commkaioner of police, Mtlbfnirne.- I have tli(! honor to inform you that, acting on your instructions, I proceede*! yester- day, at 4 ]). ni., to Williamstowu, and took possession of the slip on v.hica the confed- erate vessel Shenan.loah is phuM'd. I cleared the yard, and would not allow any work- men to go on board the ship. At about 10 o'clock p. m. four men left the .Shenandoah in a boat, pulled by two watermen. They were followed by the water-polii-e. who were unable to come up with them until 1h(;y got to tlu! railway-station. They were then itipu^sted to come back and see uie. I (]Uestioiied them, and they tohl nie that they had been on board a few days unknown to the captain, and that as s<>on as he found tliey were on board he ordered them to go on sl'.(uc. I have detained these men in cus- tody, and have written to the American consul reniu'sting him to forward sreiguenlist- lueut act by oulisting, or atteuiptiug to enlist, in the confederate service. '■m Pi 'Appendix, vol. i, p. G44. * Ibid., p. 527. w 394 TREATY OF WASHINGTON. iW^" ^ I m It One was diseliarjied, beiiiji: an American ; the three others — one of whom was identified as being the man known as James Davidson or Charley — were committed for trial. On the 15th of February the lessee of the slip on which the Senandoali was being repaired wrote to the chief secretary of the colony stating that his manager hati informed him that, should a gale of wind aris" he (ti»e manager) would either be compelled to launcli the ship or rnn i, great risk of her sustaining serious damage in consequence of her tuisalv position on the cradle.' This communication was laid before the executive council, and tlio governiu', by the advice of the council, determined that the onlci' by whi(;h the i)ermission to rei>air had been suspended should be rcNokoil. and the vessel allowed to complete her necessary re[)airs, hen' com- mander being at the same timi' told that he was expecjted to use every dispatch in getting to sea by the tinu^ previously lixed.- A comnuiuication to this ctfect was accordingly made to Ooiuniandt'r Waddell, who, in acknowledging it, reiterated his previous denials in the following terms : ' Tlu! four intiD iillndctl to in yonr connmniication JU'O no piirt of tliis vcsscl'.s edniplc- lueiit ot' nifii ; tlii-y -wen" dt'ti-cti'd on lioai'd by the sliiit's i)(>li',-o aftur all sf ranifcrs wi-ic re]t()rtert out of tl.c vossol, and tlit'y wcri' ordt'iod and 8t'i'ii out of the v<'.-is('l liy tlic ship's poli('(^ iniiiii'diatoly on tlicir discovery, which was after my letter had liccii dis- patdied inforniin^ his excellency tin- uovernor that there were no such jiersuns mi hoard. These men were here without my knowledji'e, and I have no dowltt caii W proi)erly called stowaways, and such they would have remaineil hut for the vi;;il,iiii(' of tln! shi]i's jjolice, inasmuch as they were detected after the third search ; lint in im way can I he accused, in truth, of being coguiziint of au evasion of the foreign-enlist- ment act. The Shenandoah (juitted Port Philip on the morning of the 18th Feb- ruary, 18G5. On the 18th February,^ after the ship had sailed, the consid of tlio United States sent to the governor a declaration on oath pnr- [153] porting to be made by a man named Forbes. *The declination was to the ert'ect that about 4 p. m. on the 17 i February Forbes had seen on the pier ai Sandridge live men, (most, if not all, of whom were stated by him to l)e P>ritish subjects,) and that one of these told him that they and others were going on board a bark called tlie Maria Eoss, then lying in the bay, and were to join the Shenandoah when she was out at sea, and that boats from the Maria Ross were to come for them at live o'clock. The eoiisid stated that Forbes had come to his (the consul's) olVice with this intelligence at about 5 p. ni., and had been taken by him imnu'diateiy to the ollice of the Crown scdicitor, Avith the view of laying an i'llbrmatioii. but {hat the Crown solicdtor bad refused to take the information, wliireby au endeavor to prevent a vio- lation of the neutrality of the port had been defeated. The consul inclosed also a statement by :; ]Mr. Lord, who had a(;companie our name to the attorney-general hi' at once eanu^ out and asked us iiile tlie side room ; be patiently listened to all you had to say, and then suggested that, if you would place the matter in the .shape of an allidavit, he would lay it before his nil- leagiu's ; that a verbal statement was not sulHcicnt for the government to prorccd upon. We then left and drove to the olUie of the dett!ctive police, and .saw Jlr. Nii'h- clsou, the chief, who heard the man's statement in full, but, as ho could not act with- ' Appendix, vol. i, p. 528. 3 Ibid., p. 64(5. 6 Ibid., p. 611^. . 2 Ibid., p. 526. * Ibid., p. 616. CASE OF GREAT BRITAIN. 395 out a warrant, advised ns to go to the police magistrate, Air. Stiirt, and got a -warrant ; then 111' would at once act upon it. Leaving there, we went to the residence of Mr. Start, in Spencer .street, who received yon very politely, liBtened to whiit yon had to sav, cxaiiiineil the man, hnt .stated that he could not take the resi»on,sil»ility of granting II warnint on tiie evidence of this man alone, and advi.sed yoiu- going to Willianistowu to Mr. ('iill, wlio, jieiliaiis, would he in i'ossessiini of eorroiiorative testimony through the water-police. We tlu^n left, it heing about half ])iist 7, and you, finding such a dis- inclination in any one to act in the matter, decided to take the deposition yourself and send it to tlu! .'ittorney-general, leaving it to the government to take such action on it lis it niiglit deem ^troper. (Joing to your consnlat(! the deposition was taken, and a coiiy inclosed to the attorney-g Micral, with a reipiest for me to deliver it. Itodk it to tile houses of rarliameut, which 1 found closed, and it being then late, iiliont '.•, I dccideil it was too late to sto]) the shipment of the men, ns we understood tlic vessel was to leave at 5, ami I went home and rt'tiiriied the h'tter to yon on Siitur- (lav moriiing. I'ri'vious to going home, however, I again went to the detective ollice, si\v Jlr. Nicliolson, told him how yon had been incveiited from getting the evidence hl'oi'i' till? goveinmcnt in the shape tlu-y rcfin'red it. He expressed his regret, bufc I mild not act in so important a matter without a warrant. The consul coinplaiiietl that the langunjie and manner of the Crown solicitor, in refu.sing to take the information, had been insulting to him. The consul's letter was answered as follows :^ Mr. Warde to Mr. lilanrhard. Fi:ni!(Ai!V'21, Ibft'. Si!! : I am desired by his excelhmcy the governor to acquaint yon that he received yonr letter of the If^tli instant in the afternoon of that day, Saturday, and that on Moiiilay, tlie •^dth, he ciinsed it to be refeired, through tlie honorable tin; attorney- -(iiiiai, t" the (.'rown solicitor for any explanation he, might wish" to olfer. •,'. After stating that it was only in (Mmsecinence of his accidentally returning to his iiliicc at half jiast 5 ]). m., after it had been closed for the day, that the interview be- tween yon and himself occurred at all, Mr. (Jiiriier states that he infoiined yon that, not lieing a magistrate, he could not tak(! an information, and adds that h.- was in a liiiiry to sav(? a railway-train, and tluu'efore left more suddenly than he othtsrwiso iis in their condition of life might not and probably did not know tlie iiiiiujit- ant results wliich might follow from such an unlawful act as they liad con)mitted. It was right arul necessary, however, that tlu^ law sliould be vindicated. Tlie third of the accused i)ers()ns (a boy of about liltceu years of age) was dis<;harged in cousitleratiou of his youth, on the apidi- cation of the attornej -general. It may be here mentioned that in March, 1804, six men had been brought to trial at Cork on a charge of having agreed to eidist on hoard the United States war-steamer Kearsarge. They ])leaded guilty, and were discharged without punishment, on the ground that they were probably unacquainted with the law, and ignorant of the criminality ot the act which they had committed. It was stated, ami is bel'3ved by Her 3Iajesty's government to be true, that they had come on board without the sanction or knowledge of the captain of the Kearsarge, who ordered them to be put ashore when he subsequently touched at Queenstown. The governor of Victoria, in reporting to Her Majesty's governinent the circumstances which had occurred during the time that tlu; Shenan- doah remained within the waters of that colony, requested that he niij^lit be furnishe«l with specific instructions as to the right of the colonial government to execute a warrant under the foreign-eidistment act on board a belligerent ship of war, whether belonging to a state with which Iler 3Iajesty had diplomatic relations, or to a community situate as the Confederate States were; and, if the right should be considered to exist, he ie(piested to be informed to what extent the government woidd be justilied in proceeding for the puri)oseof enforcing the execu- tion of such a. warriint. The governor's inquiry was referred to the kvw- officers of the Crown in England, and they advised as follows :^ The law-officers of the Crown to Earl liusscll. Lincoln's Inn, April 21, 1805. My Lohd: We are honored with your lordship's coniniands signified in Mr. Murray's letter «>f the 1-th instant, .st.-iting that he was directed by your h)rdship to transiiiit to us a letter from tlie colonial oiiice, inclosing copies of dispatches from Onvcriior Sir C. Darling, togi-tlie?- with their several inelosunss, relative to the visit to the port ot Mi'l- bourne of the Confederate States steamer Shenandoah, and the allt^ged enlistiiuiif ot British subjects tiiere to serve on board that vessel; and to request that we would take these pap«-rs into our cousideration, and favor your h)rdship with any observations we wight b.ive to otter thereupon, and more particularly as to whether thoy seem to require luy action on the part of Her Majesty's government. I« o'-edience to your lordship's commands wo have takeu these papers iuto our cou- siderMiua, and have the houor to report. ' Appendix, vol. i, p. 577. ^ Ibid,, p. 558. CASE OF GREAT BRITAIN. 397 That it appears to us that, in tlic circumstances stated, liis excellency lie [155] gfovernor aetetl witli ^propriety and discretion ; and tlu^re does not api>ear to us at present to be a necessity for any action on tbo j)art of Her JIajesty's govern- ment. With respect to his excellency's reriuest, that ho may receive instructions as to the iiroprii'ty of exeentin}? any warrant under the foreign-enlistment act on board a con- foleriite (public) shi]) of war, we are of oi)inion that, in a case of strong suspicion, lie onglit to request the permission of tilts connnander of the ship to execute the war- rant ; and that, if this re»iuest b(> refused, he ougbt not to attemjit to enforce the execntioii ; but tliat, in this ease, the conuniinder should be desired to leave the port as siieedily as possible, aud to go dt»wn to that spot to measure her for the cradle, was informed he could not get to the skin at that place. The hatches were always kept on, and. the foreman states that ho was informed they had all their " stutf " there. As to her speed, I have been informtid by competent judges that, taking her boiler power into consideration, she would not exceed an average of ten knots an hour under steam alone ; while nnder sail she has every appearance of being very fast. There is nothing to protect her nuichines from shot ami sludl ; in fact, her boilers and the prin- cipal parts of her machinery are above the water-line. Her bunkers (lertainly are Imtween the machinery and the ship's side, but from their small dimensions, (hey would otter but small resistance to shot. The most vulnerable i»art, viz, the I)oilers, is left "initc unprotected. She can carry u great ([uantity of coals, but in her bunkers she can only stow about 50 tons. Her i)ears to answer well, for I remarked when she tirst came up tins bay but little smoke was emitted from her fuuuel. In her other qualities, I think she corresponds with the description given in Lloyd's Register of another A'cssel which has a similar number and the same tonnage marked on her main beam, viz, No. 4d54 and 71)0 tons. She is built on the composite plan, having iron frames with wood planking, and appears to have bee!! strongly hnilt, but uot more so than is usual for ships classed ou the first letter for thirteen years. The state of the vessel on deck, aloft, and in the engine-room, I think both slovenly and dirty, and does not reflect any credit uiioii her officers. Appendix, vol. i, p. 557. f>: 398 TREATY OP WASHINGTON. Tliero apponrcd to tno to ho al)oiifc '10 to 50 nion on board, sloiichy, dirty, and inidis- ci]diiuMl. I noticed also a f;ri'at iimiihcir of oHicciH, and could not lu;ip riniiiikin.. that tho nundxM' appoarod out of all juoportiou to tlxs fcnv men I .saw on board. W'wU. out disi>ara;j;inK tlu^ coufcdorati^ war-steaiuor Sbcnaudoali, I am altoj^etber of opininit that thcie irt notbiufj; in Ina- build, armament, (with the exception of the Wliitwdith f^un.s,) and e(|iiipmi'nt that .should call for more special notice than that .she is an didi- jiary merchant-vessel, armed with a few guns. I have, &('., (Sij-iied) CIIARLKS 15. I'AYXE. The con.snl of tho United States at Melbonrne had, on the Slieiiiin. doah's fust aiiival in the port, sent to IMr. Achuns, in a letter [150] dated 2<)th January, l.Sli."), thefollowin"' *desciipticn of her, com- municated to liini (the consul) by persons who had been on board of her as prisoners :^ She has the appearance of an ordinary merchant-ship, with a lon^ full pooj), n hnvc brii;ht wheel-house, oval skyli;j;htH on the po(ni. She has one telescope funnel. Thi' mizziiu topmast and top-yallaur staysail, both hoist from the mainmast head. She is wire-rif;y;etain say that he and his oilieers to;jk charge of her at the Madeira l.slands, and sailedtheuce with a crew of seventeen men. Another deponent (one Silvester, a seaman who had Joined her from the Laurel ami left her at Melbourne) stated on oath that, when she was left by the Lau- rel, her whole crew, including ollieers, numbered twenty-three persons. AVhen she arrived at the port of Melbourne she had captured nine or more United States merchant-shii)s, and her crew was largely increased by the addition of meii whohad Joined her from those ships. Several men who liad so Joined her, and who left her at Melbourne, aPirmed that tbey had been forced to take service in her against their will by threats and ill-usage. On the l*Oth June, 180"), Earl lUiSisell received tiie following letter from Mr. Mason, who had been residing in England during tiie war as aii agent of tlie government of the Confederate States, though not olli- cially recognized as such by Her Majesty's government : Mr. Manoii to Karl I!ii8ScU." 28 Gkoak Stiu:kt, Leamington, Jitiic'20, 1865. My Lord : It being considered important and right, in the present condition of tlie Contederate States of. America, to i.rrest further hostile proceedings at sea in the «!ir against the UnitiMl States, those having authority to do so in Europe desire as speedy as practicable to eommunicato with the Shenandoah, tho only remainiug confederate 8hii> in commission, in order to terniiuato her cruise. Having no nutans of doing this in tho distant seas where that ship is presumed now to be, I venture to iuijuiro of your lordship whether it will bo agreeable ♦■> the govorii- iiicnt ()| where 1 li:ii and wif illjr siul cliiinml 1(( he tlic Slifl Islandsl I tvul I liiive I tu me. II (f • Appendix, vol. i, p. 589. "Ibid., vol. i, p. 653. CASE OF GREAT I5RITAIN. 399 mciit of IltT Miijosty to allow this to Iw done tlirotigli the Ihitish consuls at )»oi'ts whciv tilt' ship may he exptcted. 1 liiivc tlu! honor tt) iiu'lost; herewith a ('o]>y of the order it is ))ro]K)sed to transmit, and will he ohli};ed if vonr lordship will ear . me to he informed whether, upon send- iiiir siieli orders unsealed to the foreijL^n olliee, they can he sent thronKhthe jiroper cJiTiniiils to the ••onsnls or other re]n'esenl utivesof Ih'r Majesty at the points indic'ited, to lie l)y tlieni transmitted, when o])portnnity admits, to (>mmanil m tlic Slieiianilnaii. These ]ioints are Naj;asaki in .Japan, Shanj^hai. aiul the .Sand>vich Islmitls. I trust tliat your lordship will, from the exijjjeney of the oeeasion, pardon thi^ lilxirty I have ventured to take, and will ohli^e me hy having the inclosed copy returucd to inc. I have, «.V:c., *i (Signed) J. M. :MAS0X. Iiu'lospd in this letter was a paper signed "James D.Bullock," giving ail iu.'('()iint of the downfall of the eoniederate: government and the cessation of the civil war, and purporting to direct the commander of the Hlienandoah "to desist from any further destruction of United Suites ))r<)iterty upon the highc seas, and from all offensive operations iijiiiinst the citizens of that country." ^Lr. 3Iason was told, in reply, that Earl Kussell "has no objection to soiiding this letter to the places mentioned, and also to Her Majesty's eoloiiial and naval authorities, it being always distinctly understood that the Shenandoah will be dealt with in the courts, if claimed, ac- cording to law. Copies of the letter were sent accordingly to the eon....ander-in-ehief of Her Majesty's ships on the China and Pacific stations, and to Her Majesty's oilicers commanding on other naval stations, except the Mediterranean. [157] *Iiei)orts having subsequently reached Her ^lajesiy's govern- ment from Washington, that the Shenandoah continued to cap- tiuoaiid destroy United States vessels a.fter her commander had received iiifonnation that the war was at an eml, it was ordered that instructions should be sent to commanders of Her ]\[ajesty's ships of war and to gov- ernors of colonies that she should be seized, if found upon the high seas e([uipped for war; and if in a colonial port, should be forcibly (letaliK'il. It was furtiier ordered that, if so seized or detained, being eiinipped as a vessel of war, she should be delivered to the nearest autliority of the United States, in a port or harbor of that country, or to an otticer commanding a United States vessel of war ou the high seas.' It was afterwards positively affirmed by the commander of the Shenan- doah that, although up to the I'Sth of June, 1805, he had continued to cruise and to make prizes, being then in the Arctic Sea and without news of what hsid occurred in America, he had, on receiving intelli- gence of the downfall of the government by wliicli he was commis- sioned, " desisted instantly from further acts of war," and shaped his course for the Atlantic Ocean. On the Gth November, 1865, the Shenandoah arrived at Liverpool.'* She was iimuediately placed under detention by the officers of customs; and a party of men from Her Majesty's ship Donegal was put ou board of her, to prevent her leaving the port. The gun-boat Goshawk was also i .shed alongside of her, with orders that she should not be allowed to hoist anchor, nor to light her fires, nor hoist out any property that might be considered as belonging to the Government of the United States. Ou the inspector-general of customs going aboard of the ship, » Appendix, vol. i, p. 657. 3 Ibid., p. 662. 400 TREATY OF WASHINGTON. ■iH-^ .,.: lior commaiidor stated that slie liad come into port with tlio iiitoiitiori of (loliveilng her up to Her Majesty's governmi)fit y of tiic Confederate States, should aeeonipany the other jiroperty already reverte)f a lei tcr re- ceived by uu' from the vice-consul of the ITiiited Stiites at Liver|iool, touchiiisr tiic arriv.al yesterday of the vessel known as the Shemindoah at that port. Although necessarily without special instructions respecting this case, I do not iics- itate to assume the responsibility of resi)ectfully re(|uestiug Her Aliijesty's goveiiuiu'iit to take possession ot the said vessel with a view to deliver it into the IuuhIs of my Governiiu;ut, in order that it nniy be properly secured against any removal of tin; im- dacious and lawless proceedings which have hitherto distinguished its career. I perceive by tin; terms of the vice-consul's letter that some of tin; ehroiionioti'M saved from the vessels which have fallen a prey to this corsair are stated to be now oi! board. I i>ray your lordship that proper measures may be taken to secure them in sticli manner that they may bo returned on claim of the owners to whom they Justly liiloiii;, Inasmuch as the ravages of this vessel appear to have been c(uitinue Appendix, vol. i, p. 667. 3 Ibid., p. 670. » Ibid., p. 669. ;<;,:; t ; ; CASE OF CKEAT BRITAIN. 401 nto our con- Witli ivsi»0(t to tlio oflRciM'H and crow, wo ohscivo that Mr. Adams docs not demand tlicir stiirfiidcr to the United States Government, and that the oidy (|iiesth)n siiiu;;;ested liv liiiii is, whether tliey or any of them onjjht (o he i»roeeeded ah) hy IJritish l;t\v, Tlie only otl'eiise at which he distinctly points is tliat of violatinj; tlie forei<{n- ciilistMieiit act, hy takinj; i>art in hostilities on hoard of tliis ship; and, as to tliis, wo tliiiii< it would he proper, if some of tliese men are, as he says, British siihjects, (hy wiiiih we nnderstand iiim to mean natural-horn British siihjects, for none others ar« within those ])rovisions of the ajft which relate t» enlistment or acts of war out of this country,) and if evhlcnce can Heohtained of that fact, to direct i>roceedinj;s to h(! taken iii'iiinst those persons, nnder tho HCcond section of the forei;^n-cnlistnient act, fjll (ieo. ifi, cii]). ">y, hefore the.\ have heopnie dispersed, so as to esca|»e from Jnstici'. If tho I'acts stated liy Cipiuin Wathhdl are urn-, iJiirc in clearly no case for any prosecution, nil the {iTonnd of jiiracy, in the courts of this country; and we presume that Her Miijtsty's j;(iveriinient are not in possession of any eviiven him on board by the late coniniandcraiul oflicers of the ship, and ])artly by the answers returned by the men wiicn mustered antl (|uestion(d,one by one, on their r citllinjj; on nn- toifporf tin- iiro('('«'(liiiH;s()nlii)nr(l the Slieniindoiili (Inriiifi Ikt tl«'ti i.ii.tn iit tliiM port l>y tlit> Itricisli iintlioritics. I Imvi. the honor to iiilbiin yon tliat afiitc alily to instiintion.s, datt'd Cttli Novcnilici, Ixi,'). I punfidtil in Ht-r Maji»ty"« j^uu-boat (jlosliuwl;, iuuIlt my connnaiul, antl laMlatl lui alon^hitlt; file vt'sscl. In tlu' I'Vfnin}? Cajitain Wadndl infoinird nic that the vi-sscl havin<>- been lakoii charjit' ol' by tin' cnsstoni-honse anthovitit's, lu' consiilfrtMl hinisi'lC, tin* oHiccrs, ami crew r«'lii'V«Ml IVoni all Inithci' ehaillo\vinhor«^ for more than nine nmnths. I told tlniii tliat umler the cirenmstanees it wa.s not in my power to ;;rant it, and jiersiuulcil tlicm t(i renniin ijniet for a day or two, till orders eonld be received from London, They then demanded to sec my anthority for detainin ' Appendix, vol. i, p. 678. 3Ibid., p. 712. «Ibid., p. 68i. CASE OF GKKAT HRITAIN. 403 iinlors from tlic Aiiu'i ican consul, niid, in (Miniitliaiiro with yonr n\cni<)ran(lmn, I liiindcil tbo vj'HSfl ivntl sidles over to iiiin. Oil iiiv Itaviii"; (he Shciiiimlojih, Caiitiiiii Fnioinau hoistod the Anicrican imihI;^!! and nciiiiaiit, unil priK lainii'd her a man -of- war. Duiin;^ the time I was on l)oaiy law, necessary to prove l>y cvideiiee that the persons (U^tained were natni'al- born British snhjects. To aneji,'e that they were pi*ol>al»ly snc'i woiUd not have heen siiirieient, nor <*oiihl they have been called upon to jtrove that tliey were not >neh. No evidence^ tendino- to prove the llritish nationality of any of the Shenandoah's crew was famished or olfered to, or was in the possession of, Her Majesty's ;[>'overinnent or its olUcers before or at the time when the crew landed and dispersed. A 1a('cs in India, China, oi' tlaitan, or the I'aritir, Atlantic, oc IimIIiih Oceans, lrai'ilish eonsnl's report, iind Itelorci iiiiy represent;ition had Iteen inii«h' or intbriimtion l'nrnishe«l hy tlie minister of the I'nited Stales, Her Majesty's f^'overnineiit tooiv tho opinion of its h';;al adviseis on the tpiestion whetlu'r h'^al |)r(»cee(lin<;H conhl he instituted against Corbett, the master of the ship, lorhissinire in tlie tiansaetion, and tlie master was, in fact, imiieted and I)roM^lit to trial, hnt wa. ae(|iMtted by the Jury, the evideneu as to his acts hein^ (lonhtfnl and eontlietin;^'. The eommaiKler (d" the Shenandoah on arriving;' in the port ol" Mel- boi;rne addressed to the jirovernoi' an application in wiitin;'-, stitiuf;' that sill' was a steamer l»eIon;>inj;' to the (\)nfederat(^ States, and askinj;' for licrniission to nndve n<'eessary repairs and obtain necessary supplies of coal. PerMMSsion was ^ranti'd to him to retiuiin in the waters of the colony a sullicient tinu' foi- receiving;' the provisions and thinj^s necessary I'oi' the subsistence td" the shiji's crew, and foi- elVectin.n needful repairs. The coiniaissioiu'r of trade and customs for the (.'oloiiy was at the same time instructed to tak. eveiy precaution in his ])ower a^jaiiist (he i)os- siliility that her comnmiuler mi.uht attemjit to an.ninent her armanu'nt ill any dejiiee, or to render the arinauu'Ut which she possessed nM)r{i otl'eetive. 'I'he ollicers of the .uovernnuMit were directed to attend to this, uiiil to |■arnis^ «hiily reports of the proj;ress nuule witii the i't'i)aiis and lir()visioiiinj'()f tln^ship. Competent jumsous were appointed to ascertain whether I'cpairs were ivally neecssary and to report to tlie ,i;'o\-eriior onthe subject, and these persons re^xtrted that she was not in a lit state to ^o to wii, and that rei)airs were lu'cessary, for which tluMessel would h.ive to be placed on a slip. The sli]), thou,!4h the pi'operty of the colonial S'oveniinent, was not u:id(>r its control, but under that of a private person to whom it had been leased by the ^•overnment. Permission to land from the vessel stores which she did not require. for nse was asked, but refused by the j^overnor, on the ad\ice of his aw-ollicers. Tlie coiiimandei- of the ship was required to fix the earliest flay on which she would be ready to sail, and to take his departure on the day so lixed ; and she departed accordingly. Three peisoiis discovered to have <;-one on board the shii) for the )»ur- pose of joiiiiii;^- her crew were ])rosecuted and brought to ti'ial. Two were ])unished; the third ieleaseoven]ois of tlic otlier Australian colonies and of Xew Zealand. Her Ibitannic ^lajesty havin;;' subsecjaently received re ])orts, wliidi appeared to be worti)y of credit, to the eii'ect that the iShenandonh was continuinjj: to capture and destroy merchant-vessels alter hercouiniandcr had been informed of the cessation of the civil war, j;ave directions that she should be seized in any i)ort of lEer ^Majesty's colonial possessions, or on the hi;.;li seas, and shouhl bo pears to have been made by tlie (rovernment of the United States. Mei" Ibitannic .Majesty's government denies that, in respiM't of the Shenandoah, thert^ was on its part any failure of inti'rnatioiial duty for which leoaratiiui is due from Great iJritain to the United Slates. flG3j *PA1IT IX. RECAnXULVTlON DF FACTS PREVIOUSLY STATED. Tlio siatoments of fact wlii(;h have bwii placed hofon* the arbitrator.s may he rccapitiUated as follows : p.„ ,v-._i:-„,- ()f flic four vessels in respect of which alone the Fnit"il ' "' '" States liave, up to this time, uiaih; claims ai^ainst Clreat IJriraiii, two — tiu' (ieorjiia and Shenandoah — \V(»re never, in any manner <»r dc^jree, witliin tlie donnnions of Her Majesty, fitted ouf. armed, or equipped tor war, or sj)ecially adapted to warlike use. Tii«'y wrre constructed and lifted in a manner suitable to meichant-ships. One <»f them, the SlK'iiandoah, was not only built for a uu'rchant-shi|>. but i»ad been owned itml used as su(;h before she was pundiased by the caini' into the pi)s>,'>sit receive any until lifter tliey had arrived at places very reaioti^ froai (Jreat Britain, aud out of the control of Her Mijesty's j;-overnment. As to one of these two, tlie Florida, no information supjwrted by I'viilciicc provinj;', or teudinj;" to prove, that she was iniende«l to cruise i'r(;any on war against the United Stales, was (Mcaveyed to or receiv«*d '•y Her Britannic Majesty's <;()verumeut previously to her dei»arture hoiii the United Kinj;(lom. On her first arrival iu a Hritisli coh>ny this vessi'l \vas seized under the authority of the governor, but was released h'l' want of i)roof, by the decree of a court of competent jurisdiction. The Florida, before enyaginj;' iu any operation of war, enteretl a port of the Coufederato States. She remained there for more than four www 408 TREATY OF WASHINGTON. months; she thcro enlisttMl ami shipped a cvew, and waspnt in suitable con(liti<)n for cruising', and she was IVoij thence sent out to einise. I'l the ease of one vessel only, the Alabanni, admissible evidenco tondinat slic wiis about to make a trial trii> and return to her mooriugs. The circiiin- stanees un' cr whicdi it was not justilied in assiuniiiu' any arbitrary contnd, but a'^o that the {trincipal lirms of Uritish shii»- builders had been for a long time in the habit of entering into ('ontraets with hn-eign goverinneiits in all j)arts of the world ibr the (ionslnictioii. e(piipment, and sale of ships of war; such contracts being jirivately negotiated, in the ordinary course oi business, without any iiower on the part ot the govcrinuent to impiiie into or interfere with Ihcni. No l)resumption, therefore, as to the real destination of any snecamc necessary to prove the actual purimse for which a ship of this character was bcbig constructed, dilli- culties which, iu the end, rendered ii ultinmtely advisable for Her Majesty's govennnent to pay a very large sum of money for the pur- chase of the ranis rather than risk tlie uncertain result of a trial. , Tlie four vesstds above specitied were procured from British ports, or purchased from British owners, by the jtersons comi)rising the dc /('''f<^ government of the (.'onfederate States through their agents. ;?:iti passed into the possession and control of that government}. .U'Ler po'^essiou CASE OF GREAT BRITAIN. 409 bad been so acquired they Averc respeptively armed for war, by the oiilersofthat i^oveniinent, were c'oiiiinissioiie«l as sbii)s of war, and were coiniiiiiiKlcd and ollicored by American citizens holding' commissions in its naval service. Tlie crews of those vessels were enlisted on the hi*»h ocas or else- where out of the jnrisdiction of Her Majesty's j>overnment, and, in the cii.sc ot the Florida, chiefly in a port of the Confederate States. They were composed ])artly of British subjects, whom the Ameri< ;in ofliirers iiiduct'd by persuasion and by ])romises of reward to take service when at a distance from England. The solicitations of the Ameri(,'an officers were sometimes successful in inducing iiritish seamen to serve ; some- times they were exerted in vain. But the vessels were also manned to ii considerable extent with Americans and others drawn front the crews of Ainoican ships cai>tured by them ; tlnnigh it is right to add that in tlie case ot some of tiie latter class who left the Shenandoah at Mel- bourne, it was alleged that threats and ill usage had been cnjployed in order to induce them to join. Tiiese vessels, after having been armed for war, were received as ves- sels of war in the ports of Groat Britain as well as in those of the other neutral countries visited by them. In iiriiisn ports they Avore roceivod on the same footing as in those of other neutral nations, and were itllowcd to repair and jjurchase su])i)lies on the Siune conditions as iinued vessels of the United States, without favor or [)artiality, careful I'l'eeantioMs being employed to prevent any renewal or augmentation of tlieir warlike force within British wateis. Xo serious endeavors to intercept or capture any of those vessels, (luring ilu^ times of their respective cruises, appear to have been made by the (iovernment of the United States ; and the losses inllieted by them would probably have been in great measure averted had reasona- lile activity and diligence been exerted by that Governn.ent and its oftieers for that purpose. The general course of Her Britannic ^Majesty's government through- out the war was governed by a strict regard for the obligations of neu- trality .111(1 a sincere desire to fullill them ; and this is apparent as well from The facts which have been stated in ^'elation to the four vessels above specitied, as from the other facts stated in the earlier parts of this case. T'i ■- k has been seei — '! .a*-, 'V. sides the Florida and Alabama, many other shijjs were be- ' V. obtained the suspected vessels were ^^'ized and proceeding's instituted for the condemnation of them; that '■ '• were thus seized — the Alexandra, the two iron-cdads, and the Can- '1 P;imi)evo — and were i)revented from being used for belligerent ! '■ • ; vessel armed for war was sent out or procured from British ports for liit;niiiic' r>rsjjest.y's jijoverninent has now stated, for the informa- tion of tlio ailiitrators, the principal facts which it believes i^,,, xv-cmiui- tobe uiateiial to a Just adjiulication on the claims nr<;ed on '«« "■"'■■"^■'■ the part of the United States. In so doing, Her ^Majesty's government lias been under the unavoidable disadvantage of having to meet a case wlii^'h has not yet be<'n [>resented. When that shall have been done, mul the claims of the United States shall have been clearly ascertained, Her Majesty's government will avail itself of the opportunity which it will have, under Article lY of the treaty, to sulnnitto the tribunal such additional or more ample statement of facts as n)ay then ai)pear to be iR'c 'ssary. It forbears, also, until a comparison of the cases submitted on both sides shall have shown what points are really in dispute between tlio two governim nts, to enter into argument in supi)ort of its own i)o- sitioii, and will, Ibr the present, content itself with placing before the tribunal the considerations which follow. That vessels sliould, under whatever circumstaiuies, have been ])ro- cni'od from IJritish jiorls for warlike use, and emi»loyed as belligerent cruisers against the Uni*' il States, Great Britain hersidf being lu'utral, has been a subject of disple.'sure an sustained on strong and solid groinids. Every sovereign government (daims the right to be independent of external scrutiny or interfeiciico in its exercise of these powers ; ami the general assumption tliiit they aiv exercised with good faith anerly administered, (an assumi)tion without which i)eace and fiicndiy intercourse ccudd not exist among mitions,) ought to subsist until it liiis l)eendis[)lacedby proof to the (!ontrary. It is not enough to suggest or prvive that a goverinnent, in the exercise of a reasonable Judgment on some <|uestiou of fact or law, ami nsing the means of inlbrmation at its [1G7J *conimand, has Ibrmed and acted on an o})iiii(in tVom wliidi anothei' government dissents or can induce an arl)itrator to dis- sent. Still less is it suflicient to show that a judgment pronounced hy a court of competent Jurisdiction, and acted U[)on l)y the exe(;utive, was tainted with error. An administrative act founded on err'^r, or an erroi/cous Judgment of a court, may, indeed, under sonu- circumstances, found a claim to (compensation on behalf of a ]>erson or go'.evnnieiir injured by the act or jinlgment. But a charge of negligence broiijilit against a government cannot be sui)ported on such grounds. Xorisit enough to suggest or ]>rove some defect of Judgment or i>enetration, or somewhat less th n the utmost possible prom[)titude and celerity of action on the part of an oflicer of the government in tlie execution of Ills otlicial duties. To found on this alone a claim to compensation, as for a breach of international duty, would be to exact, in international allairs, a perfection ol" administration which few governn)ents ornonc attain in fact, or could reasonably hope to attain, in their domestic con cerns; it would set up an impracticable, and therefore an unjust and fallacious standard, would give occasion to incessant and unreasonable complaints, and render the situation of luMitrals intolerable. Noi", again. is a nation to be held res[»ousible for a s. Here it is sutlieient to remark that a claim on the inirt of a belli/jerent to l>e inden)nitled at the expense of a neiitial for losses inflicted or occasioiu'd by any of the ordinary o])erations of war, on the i>k'a that those operations were assisted or facilitated by negli- jjeiice on the part of the neutral ro \rnment, is one which involves (jrave ronsi(h'rations aiither ciiiises. Success in warlike operations is g«M»erally diu' iu>t only to tln< force possessed, but to the skill and courage exerted by the successful coinhatant. If claims of this natuie were to be freely admitted, a bel- lij;ereiit might demand to be in«lemni(led by the neutral against conse- (jueiices fairly attributable, in part ov altogether, not to the fault of the latter but to his own want of capacity and enterjuise. J I er Majesty's {jovernnient has been compelled to i)oint out tlu'it in resp(!ct of the ves- sels to which the foregoing statement relates there was, on the jtait of the Government ol" the Tnited States or its oHicers, an extraoidinary leinissnes.s in using the naval forces at their disi)osaI, and that if ordi- nary activity had been exerted in the endeavor to intercept and capture tliese vessels, the: losses of which the United States now complain would lirobaldy have been in jireat measure averted. It cannot be consistent with any reasonable view of international obligations that a belligerent state, alh'ging itself to be aggrieved by some imputed negligence of a neutral government, shcudd on that account claim indemnity tVom the lunitral for losses in the course of warlike operations which it has not actively and diligently exerted itself to i)revent or arrest. It was the constant aim of Her Britannic Majesty's government throuj'Iiout tile war to observe with fidelity and exactness (lie (tl)liga- tions, and to maintain unimpaired the rights, which the law and prac- tice ot nations have assigned to neutral powers. In u[)hol(ling tliose rij^iits all the nations of the world are interested; and it was the duty of Great IJritain, as a maritime power of the first order, brought l>y cir- cnnistances into closer contact with the war than any othei' state, to resist on the one hand any encroacluuent on them, and to abstain on the other from any attempt to extend them beyond the just and expe- dient limits traciMl out by international law. Her Majesty's government has }>iven the best i>roof of its sincerity in these resi)ects, as well as its earnest }»les and considerations of wide application, not confined to maritime neutrality, nor to the acts and conduct of maritime nations alone. Great IJritain is prepared to accept the award, whether favorable or unfavorable to her. She desires only that it shall be just. She claims only that it shall be founded on a true and equitable interpretation of the hiw of nations, and on principles which she herself and all other powers niay be satisfied, whether as neutral or as belligerent, to acknowledge and abide by in time to come. ■I J \1\ ■nr" -d,Jlfl TR V} THE COUNTER CASE or THE UNITED STATICS PRESKNTED TO THi; TRIBUNAL OF ARBITRATION, AT GENEVA, TENDER THE PROVISIONS OF THK TREATY OF WASHINGTON, WITH AN APPENDIX CONTAININ(i ADDITIONAL DOCUMENTS, CORRESPONDENCE, AND EVIDENCE. A P 1? 1 1. 15, 1871 1*1 NOTI-:. ' t . *»i The tijjiiros in brackets in the text indicate the pages of the edition which was hiid before the triljnual of arbitration at Geneva; tlie* intlicates the word with which each pay;e commences. LIST OF PAPERS ACCOMPANYING THE COUNTER CASE OF THE UNITED STATES. PART I. From whom niiil to whom. >Ir. Mnuroo to if r. Steele Siiiiii' til ciilliTtor of Cliarlf«ton Same ti) .Mr. Dallii-s S.iiiii' to (MiviTiior Claiborne Saiiir to ;iovcrilor of Ti'lillCHSi'i) , . Same to liovcrmir tlowanl Same to poviTiiors of Louisiana ancl Mitt.sissippl Territory, and to Mr. Kdbinson. Saiiii' to I'r. Robinson Same to Governor Claiborne Same to ifr. Kolinson Saiiii' to Mr. (,'onner Sanir to ilistriet attorneys, (circular) I'lrsiili'iit's iiroclaniation ill: liri'iit to };overnor« of Tennessee, Loui.siaua, Mississippi, and Missouri 'IVirituric.s, (ciicnlar.) Mr. limit to district attorneys, (circular) Mr. l)iik to .Mr. Monroe Ml. .Mimi Of to Mr. Dick Mr. Monroe to Mr. Dor.sey, United States Xavy Mr. ( iltiia to Mr. MeCiiHoeh .Ml. Monroe to Mr. McCiillocli , Mr. .McCiillocli to Mr. Monroe Mr. Monroe to di.strict attorney for Virsiiniii liiirldsnl renmrk of tlie Atloriiey-fieneral in case of tlie IJoiiip Mr. Monroe to Mr. Wirt .' Mr. MfCidlm'h to Captain Spence, United States Xavy Saiiii' to ("aptaiii Wliite Mr. Cliacon to Mr. McCuUocli Mr. MiCiillocli to Mr. Dallas Mr. (ili'iin to Mr. Monroe Ml. .Monroe' to Mr. lilaki- Mr. L(i« ly to Mr. McCulloch Ml. McCiillocli to Mr. Monroe Mr. (ili'iiii to Mr. Cliacon Ml. Monroe to Mr. tHenii Jlr. (Iraliaiii to Mr. McCulloch Mr. MeCiiUoch to Me.ssrs. Uauson & Watts .Same to Captain Iteard Same to the surveyor I'll siilint s iiies.Hiijie Mr. .Monroe to Mr. McCulloch Same to Mr. (ileiin Mr. MiCiillocli to .same Mr. .Monroe to .same .Mr. (lleiiii to Mr. Mi nroe • Neutrality .\ct " Mr. Kiisli to .Mr. tilenu Same to .Ml . McCulloch Same to Mr. Wirt Same to Mr. Mallorv Mr. Itush to Mr. McCulloch Mr. Zaniorano to Mr. McCulloch Mr. MeCnlloch to Mr. /amoraiio : Mr. MiCullcx^h to Captain Beard Same to .siUiio Same to same Mr. IiigersoU to ilr. Adams Mr. Kengneuit to Mr. Ingersoll Mr. .\ilaiiis to Mr. IngersoU Mr. Iii^'ersoU to Mr. Adams Mr. Adaius to distriut attorneys, (circular) Mr. Kobbiiis t, It'll ! I, IHU , r., ISIl , 3, HI'Jl :j, isia I 14. l^U ; Page Fob. Feb. Feb. Apr. Sept. Sept. Sept. Sept. .Mar. dune June June July JulV JulV July Alls. Aiij,'. All;;. iViiS. Auk. A us. Au^'. Au«. Au<;. Sept. Sept. Seitt. Nov. Nov. Dec. Dec. Jan. Jan, Jan. Feb. Feb. >[ar. Mar. Mar. Sliir. M:v. \ , r. Ajir. Apr. May Jniie Nov. Nov. Nov. Nov. Dec. Dec. Jau. Apr. Ai)r. July Sept, 14, IH14 17, 1814 ; 17, 1814 ; lit, 1814 ' 1, 181.-1 ' 1, 181,-. ; 1>, 1815 13, 181.-) l,18l(i ' 7, IwUi 2J, I8lti j •J!>, 18l(i lit, \tt\r, ' 23, 18 It! 'l\ I81(i 23, 1 8 Hi 2, 1811; 111, 18l(i 21), 18 1(1 2(i, l^Hi 22, 1-lli 20, Is Hi 27, 18111 28, I8lti 2!», 181(i i 4, 181(i ; 12, 18lli 12, 181G .■), 18l(i : 5, Ir-lfi 13, 18|ti 2(i, I8lt> ; 3, 1817 3. 1817 ' ^will to Mr. McCiillmh ilr. .Mtriillo
  • roelaiiiation , E.xtraet I'roiii President's iiiessiige ' Mr. ( 'iisliintr to ;Mr. McKeou Same to .same .Same to the rrusident Same to Mr. McCJlellaud Same to Mr. iMcKeon Sitiiie to M r. Vau Dyke Sauii; to Humo Keport of the case of Ilortz i'«. Perkins, charged with enlisting men for the ! (^rimtar Apr. Ajir. May 'May MiiV May Miiv MaV MaV .lulv An;;. 21 Aug. 'A Oet. " Nov. Nov. Dee. Dec. Dee. .Ian. Dee. .Tai A 'J!'. '-■•■ <>. !», Hi, n, 'I, :t, 2ti, 1(1, 'ill H, It. 14, 21, .)o •J(i,' *.►. -!•, July An;;. Nov. Nov. Dee. Aiih;. Oct. Nov. Nov. Dt Sept.;ti», Sept. :to, 1, :t, tn, ;', 8, l(>. HI, 2(i, it, . '.I, :ui, 17, 18, 111, IPtpl If IH iKlH 1 IHIH IrtlH 1 IHIH I IflH . IHI.s l.-lfl ■ IHIH ' IHI!) iHlill Ir-lll Ifllil i iHl!) Ir-l!! ! IHlil iHli) itini IHI!) If lit li-l!l I8I!I I8li» Iflll I81!> 18 1(1 Iflll 181!l 1811) 1.*,'0 18l!» 1820 1H20 Is20 ' -20 1H2(I I82U 1820 1820 1820 IH20 l."i2l 1821 1821 lt<21 1H22 If 2:1 I82:t 1824 If 24 I. -72 1 8.-. I If-.l 18.-)1 18.vl 18,V! 18,");t .Sept. .10. Sept. :to, .Ian. 12, ■Ian. K;, •Tan. 18, Dec. 4, Apr. i-> Mav 25, Auk. i», Ah^'. 24, Sepi. 10, Sepf. 12, Sept. 17, If.'iH lf.-)4 ! ie.)4 1 18.">4 i Ifat i I8.V) Ifo.'i 18."),") 1855 18.55 18.55 18.55 1855 I'aiie. •m !I2 !i:i 1 1:1 !Hi ;t* !lf 1115 lui; 107 lOH III!) 112 11:1 115 ' 110 120 121 121 125 125 121) 127 128 128 12!l i;!l Ml t'.lll till 4'.l| 4!l'J t!i:i 4111 4'll m 4!ll! •I'Kl 4!lll 4117 in: 4:1: 111'' 4!li> 4!i:i 4!ifi ■111:1 .Viii .'.I'll jllli ■M m '•K 'm :m .MM ."iii.'i .'ill.'. m, 'M .'iii- ,5'i- 'ill- :m .110 Tilil ,511 :m 5i:t .■in .•|I4 .M.'i .-ll.'l .-.n: 511; .")n 517 51.'» 5r.i ,il!l 5^1'J 53-2 5:« ,i:i3 534 461 I 61* 4(i3 ; 617 4(15 (>1* 41W : • liai TABLE OP CONTENTS. Table of con ten Ix — Coiitimiod. 419 61 Lt I'aije. if-' !•:. i.iii it" !lfi 105 lUli iin low ll'j 115 ' lin i-jo , I'Jl i-Ji i-ri lUH ' I'Jf i:t(i ' 131 i i:il i;t:t i;ti 134 111.-) i;i« i;n i;w, i;i!i III) m:i III 145 14(i 147 147 141) l.'iO ini I'ri l.'ili IMI l."iH i():t Ki:. ititi ma itiii no 171 i7;i 174 174 17J 17? ■i-;i i-.i 4-1 4-1 4-:. 4>:i 4'H 17.- I 17!l ! li^l ! ail i 623 ; 223 ; 225 I Q27 I 4"!i 4-11 4"!i 4'.ili 4!i| 4!ll 4!I2 m m 4'l| 4!i| 4!ii; 4'i(; 4'.ii; 4'.i7 4it7 4'.i: 4!l'' 4!li< 4'.l',i 4(l!l 4!i'.l 5(10 51 '0 51)11 5111 501 50-J 502 no:i 501 51' I 51 15 505 501'. 50ti 501) ,Vi7 .'ill- 5.1. .'lO- 50:1 510 Tilo 511 f.l-J 51-4 5i;i 514 514 515 515 51il 510 1 517 I 517 i .")1^ SI.-" 5111 510 5ii2 5;i-J 53.1 5:);i 534 i'Viiiii wliuiii uui\ to whom. 401 : 61" 4«3 , 617 4(15 618 4ild , • 621) Mr. ('nulilnc to Mr. irullct iiimI Mr. Ji'wctt ' Vvc. H, Siiiiii' t'l Ml. I ")-''• II"'' Mr. Onl Dec. II, Sjnir 111 Mi. Vim PvUo Di-c. 12, Mr Villi ll.vkc to NIr. Ciislilin; Dec. 1 1, Mr. .Mi<'ii.v til siiiiii. I Ire, |h, inrlipiiiiv : Mr. .MiCoy to Colonel I'ortiT I )!•(>. 17, Tlic I'ri'siilnit to Mr. McCoy '. Kcc. 2ti, Ml. I'liMJiiii',' to .Ml'. MrlCioii !)i.(.. 04, Ml. MiKcciii to .Mr. Cii..*liiiii; I>|'<'. 2ti, Mr. CikIiIiij: to Mr. MoKcoii Kit. '27, Mr. .Vililisoii to Mr. Ciisliiii;; Dei'. 2H, y\r. riiiTi' to(,"ii|itiiiii r>i;i('low Inn. !t, Mr. .loacliiiiHon to .Mr. CiisliiiiK 'Jiiii. !• >ir. CiHliiii;; tor .Mr. Ciiiiiioii Inn. I i, Mr. Ciiniiiiii to Mi'. Ciisliinj; Jan. l(i, .Mr. Mi'Kcon to Mr. CuNliini;' .Jim. Hi, Siiiiii' to .^iiiiKi Inn. Hi, Mr. Cimlilii;: to Mr. Melvi'on 1 Jan. l!i, Mr. Oi il to .M r. Ciisliiii;; '■ l''i'l>. I»i, Siiiiir to same ' l"'rl). Hi, Mr. Ciisliiiif: to .Mr. Inue Mar. I, Ml. Iiii;i' to .Mr. Cii.sliiim- A)ir. 1, Mr. .MrCny to .Mr. Ciisliui;; Apr. !>, Siiiiir to 8II111I' j Apr. 10, (,'liiii ;;i' lit' J iiil;;o AVillson to tlio grand jury, Noiithcrn (U.strU't of < )lilo. ( Kx- | triii't.) ■ I Mr. ('ii.tliin;; to tli(> I'rr.siilent ■ May 97, I'lrsiiliiit '.s iac«.saj;i' .May 'J!', Mr. DiilliiN to Mr. Marcy May 1, IiicliiMiircH: I Mr. Dallas to T,oril Clarrnilon ) May 1, l.iiril Claii'iKloii to Mr. Dalla."! i Ajir. 30, Ml. Many 10 .Mr. Dallas .May 27, .■"aiiic til Sir, Craiiipton May •J.-', Saiiic to Mr. liaiclay May 2h, IiicliHiii't': ]{|. vocal ion to cxciinatiir .May 2H, .Saiiic 111 Mr. IJow-irolt .May 2,'», .Mr. Cii.sliiii;; to Mr. McKcon l>cc. 17, Siiiiic 111 Mr. Marcv | Dec'. 17, Siiiiii'ta Mr. McK.Min 1 Dec. 12. Ml. McKcoii to Mr. VaniU-rbllt ; Dec |h, Pri'siilcnt's iiicssaj;!' j Jan. 7, IiK lii.Miiri^ \n, 1 : .Mr. Toncoy to Coniinaiuler CliiUanl | ( let. 'J, liiLlii.surn Xo. 2: Mr. Cass to 1 Sept. If', Incld.fiire Xo. 3; Mr. Toiicey to Klii'Z-OHicer raiililiiii;, United States Xuvy[ Oct. 3, liiiliwinc (; : ria^i Olliccr I'iiiiMiii}; to .Mr. Uynders '. ; Dec. II, Imliwiire Xo. 17: Same to Mr. 'i'oiicey j Dec. l.'i, Mr. Keiiiiedy to .Mr. IJliick !! i X'ov. 2.'), .Mr. Seiiiiiies" to same 1 Dec. 27, 5Ir. Miller to same Sept. 1, Saiiie to same | Sept. 0, Mr. Ilalch to tlio President | Sept. 22 Saiiii' 111 .same Sept. 27, ^Ir. .Miller to Mr. Hlack ! ( let. 7, SaiiiM 111 same, (telegram) ! Oct. H, Mr. Kenned V to same, (telegram) I Oct. 8, Mr. Miller to same I Oct. 10, Mr. Miller 111 Mr. Hlack I Oct. 20, I'rtsiiieiit's nie.Hsafre ' .Iiiiie 1, Mr. Clayton to I he I'leaident ' May 31, Same to Mr. Ilunton Aiij;. !», .Same to Dun A. C. do la Uarca : Aiijt. !), Saiiie to Mr. Hall \A u;;. 10, I'lvsiilent's messngo ; Aug. 11. Mr. Clayton to Don A. C. do la IJaica Anir. 17, Same to district attorney of Alabama ; Ang. 23, name to Mr. Hall, (telef,'rani) i Sept. (i, Same t ;i same, (telegram) : Sept. ti, Same to Bjime, (teh'gram) 1 Sept. 7, Mr. Hall to Mr. Clayton 1 Sept. 8, Mr.Clayton toMr.lIall Sejit. lit, Mr.Sewellto Mr.Clayton ; Oct. 25, Mr. Clayton to Don A. C. do la Barca Jan. 22, Same to Mr. Hunton Jau. 22, Same to Don A. C. de la Barca May 18, Samn to Mr. Hall May 17, Mr. Hall to Mr, Clayton May 20, oame to same I May 25, 855 I 855 8.V. i H.-i5 ' 8.-,5 ' H."i."> f.55 •'.5,'i H.5.5 ^55 f 55 . H.5ti ri.'iti 8.50 H5li 1 8.50 H.50 ' H,50 ' 8,50 I 8.5(1 I 8.50 I 8,50 I 8,50 I 8.50 850 850 850 8.50 8,50 I f ,50 i 8,50 I 8.50 j f.50 1 850 f.5li j 8.50 I 850 I .s5(i j 8,50 I 8.5H 8,57 r-.57 857 857 857 P.58 858 8.5 85it 85!l 8,511 f-,5!l 8.50 t>50 84!» 841t 840 84!l 84!) 84'J H4;i 840 840 84!) 849 84it 8.50 8,50 850 8r>0 8.50 85a| 3g I'aiie 40!) ."■OO .'lOl .502 502 .50.3 .501 504 .500 .5110 508 .508 I .MIO ,500 510 510 511 512 512 513 5U 514 5Hi 517 517 .521 543 544 .544 540 572 004 005 000 007 001) oo;t 010 010 012 021 022 023 024 025 020 030 030 (i31 Ii3l 033 034 035 035 030 038 (i41 042 042 040 040 048 0.50 051 C52 052 0.53 053 050 057 058 059 «G0 003 005 6ti5 £1 I'a ■. 027 < I'fl to Ciiptain Mct.'aiili'v S.iiiii' to (.'oiiiiiiodiin' I'arkcr Saiiu' to CoiuiMOilir.i' I.owi.dcs Same t, \f'M iiti, IH.-iO •J4, 1H4!) a,"i, \!i:>n 1."), 1H5U 1.5, lci.".0 l.'i, I KM i:., irt.'io 17, Iti-'iO l(i, lH-)0 it, 18l!l M, IH4!) U, IHKt H, 1HI!» •J I, If4!t •Jl, IHW •j;i, Irtllt •J.-', IH49 'if, l,i4'.l :tI,lH4!t 17, lC4«2 OK) 084 (i8,"i 080 088 0111 i;erts to Mr. Fish Mr. Fish to Mr. Itoberts .Saine to same Mr. Kebert.s to Mr. Fi.-4U May .lulie July ■Inly N'o\ . Noy. .May .(uiy A))i-. Apr. Apr. A pr. 211. 1808 :I0. l-(lr D. 1808 2D, H08 24. I8(i,-, ;t(l, 1808 8. l^(i8 28, 1 808 :i, 180D 7, 180!) 14, I. "(ill 1,'., li-OD 7i:t 7l."p 717 722 72S 72!) 7:I0 7,11 7:11 7;i:t 7a4 7:»5 '■a 7'.M CORUKSPONDFNCE HEL.VTIVK TO Till-: FLOIUDA, AT rillLADKUMlIA. Apr. A iir. .\pr. Apr. Apr. Mr. Fish to Air. ItoutwoU S.nme to Mr. Hoar - Mr. Hoar to Mr. Fish Same to district attoriu-y eiwtiTU district of l'onn«vlyunirt Mr. Houtwell to Mr. Fish IncloKures : Mr. Moore to Mr. IJontwell 1 Apr. Mr. I.itzenlKiiK t^o eollet^tor of cilHtoms, I'liiladelphia i Apr. Mr. Houtwtdl to collector of customs, I'liiladelphia ' Apr. Mr. Hoar to Mr. Smith ! May Mr. Fish t«i Ml. lionr May ;j, I8GI) 737 72.-. ;i, 180!) 7;f7 7i. 10, 1801) 7;tH 10, IHiD 7;i!) ■»> 12, 1809 739 72(1 8, 1809 7<1 Tin 8, l8t)D 741 7-/; 1'!, ISfiH 742 7* 14, K'OD V43 7* 15, 1809 7« •«^ ^ . ^ ■ I- r z z 5 '5 yz !■ w ce m • Pngc. Paie. tiiii; (ill;; ill (itili (iw .(): «ti7 (,K ' tllW m !t ; COS (i!i:i >(t (170 tilH )0 : (170 (i'.l4 .0 1170 (i!H )0 fi7I (ill,') )0 (i7l Gll.'i .0 G74 (i'lli lO 1 1173 (i!i: !l 1 (17(i (in: !1) (iV'.l liiii' lit fifl (iim 1!) ; (ifi'j 7011 l!» tiKI 7(1(1 1!» tlH4 7(11 1!» (w:. 7(ll 1!) 1 (W> 7(11 l!l ' (iff! 7(1-,! 1!) (ini 70) lit •■ (lii-j 7(11 i!i : 6!ia 7(14 i<) Qy.\ 70.i i'.) cm 7ii.'i 1!» (i'.lj 70(i 4it 1 (iiiri 7(Mi 111 cm 7(H1 !!• (i'.»7 707 1!M (il)7 7(17 4 4!) (i!l!) 7(b 4!), 700 70- in 701 701» Id ! 701 7(111 .0 : 7o:» 7111 19 , 704 7!M u 1 7or) 711 )5 ' 70T 7rj ■)8 1 70r! 71'J IH 7 111 711 iH 717 7hi i.-i 7'Jv! )^ 7-j'i 7J) H 7v!ll 7JI iri 7:i(i 7'*"- W 7;(i 7'M i!) 7:11 ■.H il) 7;):t 7':i ill 7114 ■.-.;( !l 7;t5 :n 7117 72.'. 7117 7i> 7:w 7i> ::(!i 7*i 7;«i rx> 7U w 741 rr, 74-4 74- 74;t 7i- 744 :-2t TABLE OP CONTEXTS. Table of contents — Continned. 421 From whom ami to whom. Date. I X * '^ >Ir. Hoar to Mr. Smith Ma v Ir. l-ifig Suiiif to Mr. .Viidifws May 1-, l.-*r.9 Iiii'lomirc: Mr. Hoar to Mr. Hixrlow Mav 1". l^tSf ' Mr. Hoar to Mr. Fi.sh May 1-. Ij^i^O i Shiih' to sanio May 1-. l!^>:' Mr. Fish to Mr. Murray -July i». I-».!i Haiiie to ilr. KobprtM ; (At. 7, Is*'.* CORUESPOXDENCE RELATIVE TO THE Sl'.WIsrr (iUX-BOATS AT XEW VOKK. Pane. Pofje. 744 7-29 744 729 745 729 749 730 -50 TJI 7.tO 731 731 733 Acliiiiriil Porter to !Mr. l''i.sh, (with iiidosnro) Mav l.V l^J 753 Mr. DiiviH to Mr. Jl(ilit!<;ram) Vu^. 4. lt<69 7.'»7 Mr. Davis to Mr. I'ifrn'poiit \n-z. 4. IrfO 7.53 Jlr. Itarlow to .Mr. Hoar An^. 4. Ir<9 7.59 Mr. llavis to Mr. Harlow An::. 4. 1»fl9 761 Mr. Fish to Mr. KoIk'HOU .Aiij:. !'». '^lia 762 Samp to Mr. Hoar Aug. 10.1-69 763 Imlosuics : Mr. I'- il to Mr. Picrropont Auz. Ki. li<'<9 764 «r,..it' to Mr. J!in low A ii-. K.'. !-«• 764 Mr. Harlow to Mr. Hoar, (teh'sram) Aiiir. 10.1*9 765 Mr. Field to M r. Ilai low, (toletrram) \ iig. 1 1. l.-»?.» 7&5 Mr.Siiiitli to Mr. Fish : .\im. 1I.I;<» 766 Mr. llavis to Mr. Harlow Vii-. lit l-^fl 7«T7 .Same to Mr. Hoar An:;. 1 1. 1^*» 707 Mr. Ki«h to Mr. Houtwell S^pt. 14. M» 76H .Mi. Fisli to .Mr. PierroiHint Xtiv. i'l. 1^19 769 Mr I'ierrepoiit to Mr. Fish Xov. 2.7. !«;«• 770 Ml. l"i,sli to .\I Picrrt'poiit Xov. 2«. \^» 771 Mr. Harlow ti Mr. Fi.sh Xov. -J».. If«9 773 Mr ItnUerts til .Mr. Fi.sh Xov. -.■7. l!;«9 774 .Mr Fisli to Mr. lioberts Xov. Xt. |siz» 782 Mr. Hoar to Mr. Pierri'pout X"V. :ict. I -09 790 Jlrlicilieits to Mr. Fish !><■«■. I, l^^i 7-90 Mr. Fish to Mr. Uobi^rts IKf. 4. IfO 795 Same tn Maine IN*. .■'. l-fl!l 797 Mr. linliert.'* to Mr. Fish ! Jhi: .-. I-»59 7!»X .Mr. Fish to Mr. Pierri'iinnt, IVt. -. Mfl 79!t Mr. rierre|!oiit to Mr. Fisli Ih-c lit. ifta s«iO Mr. Hoar to Mr. Fish Ih-e. 16. li^ gOl TAUT II. CrnAX COUUKSPOXDEXt E, lr»«U-l-7l. Mr. Ml. Mr. Mr Mr. Mr. Mr. Mr. Mr, Ml. Mr >lr. Mr Mr Mr Mr Mr Mr Mr Mr. Mr. Diekiiisoii tn Mr. Hunter, (teleijriitn) .Tan. 24. 1-fiO Hunter 111 M:-. Dickinson, (telegram) Jnn. 2.'. i^«'6 . DicUiii.son to Mr. Seward K«l>. 17. l-«; S.'warcl til Mi. lliekinsiin Mar. 31. 1»«6 '■ Seward to .Mr. MeCnlhieh Apr 10. l^fifi -. MeCiillueh to Mr. Seward Apr. 11. IxfiO S''ward to Mr. Dickinson Apr. II. 1"«6 i S'ward to .Mr. Tassnra Apr. II. MiO Seward to .Mr. WeHos \pr. 10 l»«0 MiCiilliich to Mr. Wf ward ,\pr. 20. Ir«.« riiniiiidl to Mr. MeCulinch \ pr. Ifi. 1-iio •Speed to Mr. Ktliiv Apr. 21. Ii** Seward to Mr. M<("ulhHdi Apr. 21. 1.-OK (lOiKljiK! to Mr. AshtoM Mav .5. l-«6 .\HhtiMi l4i .Mr. Seward Mav 9 Ij«« Si'ward t^i Mr. Mpt^iiUiMdi Mav 9. lHfi6 \ • handler to Mr S.ward Jaii. •£'. li** MeCiilloeli t(i .Mr. Seward Ki-b. 2. I**! ' Sii'vthetoMr. MoCullooh Fan. .«. l'«7 ' ^eurliiey to Mr. Steward Veh. .5. I(«7 . Smythii to Mr. (.'ourtney Vi-h. .5. If*? < Uiirron to Mr. Hrowniiig Jolv 13. !:«« 732 733 73J 733 'M ■'H 735 735 ■/35 736 737 TJ7 TJ7 738 738 riK 730 7.39 739 740 740 741 741 742 743 746 748 749 7.50 751 7.71 7.V2 7.53 753 1 7.59 7.59 2 759 3 760 3 760 4 761 5 761 6 761 t 702 1 762 H 762 (< 763 9 763 10 7KI 11 7M If 764 12 765 13 765 13 765 14 7C6 IS •m 17 767 Ml': ,f 422 TREATY OF WASHINGTON. Table of contents — Continued. From whom ami to whom. Mr. ITeiTins to :Mr. I?r<)wiiiii? Mr. Soward to Mv. Eviirts Mr. Kviirts ti> Mr. Courtney Mr. Jlurriiy to Mr. Kvart.s^ SpaiiiNh niiiii.stt;r, (iiipmoraudam) Mr. Kisli to .Mr. JSoutwrll Mr. Finli to Mr. Hoar Vico-Ailmiral Porter to Mr. Fish Mr. Hoar to Mr. ISi.sbtf Mr. Hoar to ili.strict attorm-v.'* Mr. Hoar to Mr. Fish Mr. Fish to ^Ir. Itiicliannn Mr. Hoiitv I'll to Jlr. Fi.-»h Mr. Moiiily to Mr. ItoiitwcU Mr. Koiix to Mr. Hoiitwoll Vice-Ailiiiiral I'ortfU to Mr. Fish Mr. Fish to Mr. IJoborts Mr. J'orter to the I'r« siih-nt lJ«ar-A(lmiral llort" to Mr. IJorie CoiiiiiKMloi'f (Ic Kratt't to Itenr- Admiral Hoff . Mr. Fish to ilr. BaHow Mr. Harlow to ^Ir. Fish, (telegram) Mr. Fish to Mr. Hoar Mr. P'isli to ^Ir. l$<.ut well Mr. IJarlov. to Mr. Fish Mr. Kisli to itr. Harlow !Mr. JJarlow to Mr. Fish Mr. Hoar to Mr. IJarlow Mr. Moiitwell to Mr. Fi.sh Mr. Hoar to Mr I'ierrepont Mr. IJarlow to Mr. Fisli Mr. Hout well to Mr. Fish Mr. Griiinell to ilr. IWiutwell Mr. Houtwell to Mr. Fish Mr. ( iriiuiell to Mr. ISoiitwell Mr. I'ierrepont to Mr. Hoar Mr. Fish to ^[r. Hoar Mr. Davi.s to Mr. Harlow Mr. Hoar to Mr. I'ierrepont Mr. Houtwell to Mr. Fish Same to Mr. Grinnoll Same to Mr. Moore Same to Mr. Fisli Mr. Grinnell to ^Ir. lioutwell Mr. Hoar to Mr. Fish Mr. I'ierH^iMint to Mr. Hoar Mr. Fisli to Mr. IJoberts Same tr) .same Mr. Fish to Mr. Houtwell Mr. r>ontwell to Mr. (irinnell Mr. Fish to Mr. Houtwell Mr. Hoar to Mr. I'ierrepont Mr. I'ieriepont to Mr. Hoar Mr. Fish to Mr. KolK^rts Mr. Fish to Mr. Hoar Mr. Fish to Mr. Kohertf ■Mr. Hoar to Mr. Harlow Mr. Houtwell to ^Ir. Fish Ml'. Fish to Mr. Houtwell Mr. Hinitwell to Mr. Mooiv Mr. Hiickel to Mr. Houtwell .* Mr. Fish to Mr. l*ierrei»imt Sanu' to same 5tr. Harlow to Mr. Hoar Same to same, (telegram) Same to same, (teli'irram) Mr. I'ierrepont to Mr. Fi.sh. (telegram; Mr. Fish to the I'resitlent Mr. Fish to Mr. I'ierreponf, (telein-am) Mr. I'ierreiMint to ^Mr. Fish, (telegram) Same to same Mr. Field to Mr. Fi-h Mr. Harlow to Mr. Ho »r Same to saiiii', (telegram) Sami! to same Mr. Houtwell to Mr. Hoar Mr. Houtwell to Mr. Harlow Mr. Houtwell to Mr. Griuuell July Nov. Nov. Nov. Mar. Mar :Mar Mar. Mar. :\Iar. Mar. Mar. Ai)r. Mar. :Har. Apr. A\»: Apr. Apr. May Ma'y May Ma'v .May May May May- May ilaV ^lay May :May :\Iay .May :Mav ^^laV ^lay May Mav May Mny May May MaV May ilay May ^lav .May .riilie •lune .luiu' iluno June Jinit! June June June Juno June June JUIU! Juno Juno June June June Ji\ne Juno June Juno Juno June Juno June Juuu 20, 1RC8 11, l«(i8 14, 18(irt 1!), letifi 19, If'G!) 20, If (ill ao, IHIO 2-2, IfCiO 2:1, I WOO 23, ism 23, lf(i!) 30, 1809 (i. Infill 20, im) 29, lHti9 fi, lt'G9 7, 18(ii) 21, 1869 13, 1809 11,1809 7, 1809 7, 1809 8, 1809 6, 1809 u, I8(i9 8, 1809 9, 1809 10, 1809 10, 1809 11, 1809 11, 1809 11, 1809 10, 1809 12, 1809 11, 1809 12, 1809 13, 1809 — , 1809 14, 1809 14, 1869 14, 1869 14, 1809 18, 1809 I I.''., 1809 18,1809 I 17, 1809 I 2(1, 1809 21, 1869 ' 21, 1809 21. 1869 25, 1809 17, 1809 18, 1809 : 18, 1809 1 19, 11-09 •' 19, 1809 ; 19, 1809 24,1809 24, 1869 24, 1869 24, 1869 20, 1869 26, 1869 28, 1869 ti8, 1809 29, 1869 29, 1869 2!l, 1869 i 29, 1809 I 30, 1809 I 3(1, 1809 I 3(t, 18(i9 1 29, 1809 I 29, 1869 30,1869 3(1, 1809 I 30, 1869 31, 1809 I Parje. 17 21 23 2.") 20 27 27 2H 29 30 31 33 33 34 35 35 30 30 37 39 39 41 41 42 43 44 47 47 47 48 49 50 51 52 52 .53 1 54 I 54 55 56 .56 57 58 59 .59 00 61 01 02 02 03 (kl 64 04 65 65 66 67 67 68 09 70 71 71 71 72 73 73 74 75 75 70 77 77 78 79 I Page, ■ii7 "lid 7(» 7;o "I 7:1 774 "A 771 77,-| 771) 77lj 777 777 777 77:; 77s 779 77!l 77'J 7-0 7sl 7?l 7!'l l&i 7H-.! 7.-:) 7?3 7e:t 7!<4 7ti4 •a 7.-'.i 7!^li 7i*li 7Sti 7H7 -.-7 7e7 7.-S ^^*H 7t!!i 't»^ 7f!t 7rtl 7f!l T'.KI 7M 71H) 791 7!ll 791 7!tt 7:13 79;t 7911 79;t 793 791 794 79.-1 79.) 79.') 7!Hi 7IHI 79t) 797 797 797 Mr. M>-. ii Mr.: Mr. 1!< Mr. H' Mr. .Mr. Mr. h^'. TABLE OF CONTENTS. Table of contents — Continued. 423 1 s.£ x-~ 3;s , il — C t i ;,: Paqe. I'aqe. i n 'lu ^ 21 'm ^ 62 'm J 23 'm ) 25 TA 1 20 'I'M ) 27 n\ 1 27 771 ) 28 77-J ) 29 "i >) 30 772 ^ 31 7ri 9 33 774 9 33 774 J 34 771 1 35 775 ) 35 775 ) 3G 775 9 3B ■7ii 9 37 77() 9 39 111 9 1 tt 9 39 777 9 41 77tl 9 41 77S 9 42 779 9 43 7:!t 9 44 77'J 9 47 7^0 9 47 7S1 9 47 7pI 9 48 7S1 9 49 'Si 9 5() Vi 9 51 7t:t 9 52 Vi 9 52 7t<:t 9 53 7S4 9 54 7C''4 » 54 7!!4 ) 55 7S) ) 5li 7i'.i ) 5ti •,Sf> 1 57 'S6 ) 58 7l*« t 59 7S7 ) 59 7;7 ) (iO 7!!7 » (il •f^ ) 01 •n-". ) Ii2 W. ) 02 7t-." ) 03 i 7.!t ) 03 1 7.-"J 1 04 i 7r!l »' 04 ! :w 1 05 1 7!I0 1 05 7iW 1 00 7ill 07 7!)1 07 7!ll 08 7W 1 09 ::« 70 7it:t 71 7W 71 7!W 71 :vi 72 7'.M 73 7!M 73 7!i:> 74 7!l.) 75 7!lo 75 •% 70 VM\ 77 'iHi 77 7!l7 78 7117 79 7^7 From whom and to whom. Date. Mr. Umit well to :Mr. Tlinmns, (lolo^ram) Mr. lldiitwiOl to Mr. Miiislmll. (tolc^ram) .Mr. HDiitwfll to Mr. N'olan, (t('l(*;iiiiii)) Mr. limit well to Mr. (Jriiuioll. (tcU-firiiin) Mr. li')'.itwi'll to Mr. Moore, (t(;l<';{riim) Mr. jidiitwell to Mr. IJarlow, (telei^ram) Mr. llimtwell to Mr. Mae.o.v, (telefjram) Mr. l!:irlo\v to Mr. Hoar, (telt irniiii) iir. I'ield to Mr. P. Mar.sliall, Xew Haven, (tele;j!ram) Mr. Kii-lil to Mr. Willey, ( teloi>raiii) Mr. Field to Mr. Barlow, (tele;fraiii) Mr. Willev to Mr. Fi'dd, (telegram) .Mr. Ciull to .Mr. Field, (telegram) Mr. Field to Mr. Willey, (tidejiratn) Mr. liarlew to >[r. Hoar, (telenriun) Mr. Field to Mr. Harlow, (tele;L,'raiii) Mr. Itiirlow to Mr. Hoar, (teleKfam) Siiiiie to .same Mr. Pavis to Mr. Pieri'epout Mr. Field to Mr. Carll yU: liarlow to Mr. Hoar, (telegram) Jlr. Field to ilr. Harlow Mr. Hoar to Mr. I'iei'repont Mr. M. de llarn to Mr. Thoma.s Mr. liowmau to Mr. do llarn Mr. Ifoiir to Mr. Jtarlow Same to Mr. l'i«rrPiiont Mr. Fisli to Messrs. l'ierrei)ont and Harlow Mr. I'ierrepoiit to Mr. Fish. (telef;raiii) Mr. Harlow to Mr. Fisli, (tele;;rani) Same tii same, {telegram) .Mr. Ki.sli to Mr. I'ierrepout Mr. Fisli to Mr. Roberts Mr. Fi.sli to Mr. Hoar Mr. Hoar to Mr. Fish Mr. Fi.sti to .Mr. Harlow Mr. Field til Mr. Talbot Mr. I'MteHtad to Mr. Davis 1 Mtiiioraiidnm inclosed) Mr. Davis- to ilr. Potostwd Mr.Morrill to Mr. Hoar, (te.learam) Mr. Field to Mr. Milled«e, (telegram) Mr. Milled^e to Mr. Hoar, (telo;;nun) Siiiie to same, (telegram) Mr. Fiild to Mr. Milled^e, (tele>;rnm) .Mr. Milledse to Mr. Hoar, (teb'srani) Siiiiii' to Nume, (teletrrafti ) Mr. Kieliardson to Mr. IJobb, (telegram) Mr. Kii-ld to .Mr. Kawlins , 'ii'iicnd Townscnd to General Terry Mr. Kieliardson to Mr. Casoy, (tidesrani) , Mr. KicliaidKon to eolleotorot Mobile, (telegram) . . . Mr. I'icid to Mr. Milledge, (telegram) , Siiiiif to Haiiie, (telegranii Mr. .Monill to Mr. Hoar, (telegram) , Mr. MilledKe to Mr. Hoar, (telegraui) Mr .Milli'dsje to Mr. Weems Mr. Field to Mr. Haldwiu .Mr. I (avis to Mr. Boiitwell Mr. Harlow toMr. Fi.sh Mr. Fish to Mr. Harlow , Mr Harlow to Mr. Fish , Mr. lidutwcll to Mr. Fish Mr.MiMire to Mr. Uontw.dl MrlMiniliieli to Mr. Moore Mr. Fish to Mr. Boiitwell Mr. Fish to Mr. Rtdieson .Mr. Kiihi'Hoii to Mr. Fish , Siiiiie to same Mi. liiehaidson to Af r. Fisli .]\V.V. . M\'. .[["].] ..... Mr, Hoar to Mr. KIsh Mr. Smith to Mr. Hoar Ml. Vmiii;; to Mr. ( iregorv , Mr. Harlow to Mr. Fish..' Siiiiii' to same ^iiiiii' til same .'. Mr. Fish to .Mr. Plerropont.. ...... .....!!!.........".. ' .Time 30, June 30. I .rune 30, I June 30, ; June ;mi, ! June .30, i .rime 30, Inly July Julv Jiily Jiil'v July July July .Fuly July Julv JiiiV July July July July July Jul.y 1(1 .fuly 13, July July .July July July July Julv 1.5. July 111, July 10. July 30, iVng. Iti. Au(.'. 21. .Vug. 21, .\ iig. 24, \11L'. 31, .Sept. 1, Sept. 2, Sept. 3, l.T.i) li^Oil 1^09 1,^09 1809 lHi9 lll<(;9 ie(>9 Ir-ti'i lr'(i9 1809 1.-09 1809 1809 1^09 1809 1809 18()9 1809 1809 :809 If 09 1809 1^-09 18t;9 1809 1809 1809 1809 l,-09 1809 1809 1809 1809 1809 1809 1809 lMi9 1p09 lc09 I.-09 1809 1 r.09 1809 W 1. I HH C 3 i. 3 £2 .•Sipt. S.pt. I'Pt. Se|il .Sept Sept, Sept. Sept. Sept. .Sept. Sept. Sept. Sept. Sept. Nov. Nov. Nov. Nov. Nov. Nov. Nov. Nov. Nov. N'ov. " >v. Nov. Nov. Nov. Dee. Apr. July 3, IHiO 3. If'OH :i 1-09 I. |M ■■ 4, 180'.l 4, 1809 4, 1809 0, 1809 li, 1809 0, 1.-09 13,1809 28, 1809 8, 1809 12, 1809 10, 18ti9 10, 1809 9, 1,-09 9, 1HI9 12, 1809 11, 1809 13, 1809 1.5, lr^09 10, lr;09 1.5, 1^09 13, lHi9 10, 11-09 20, lr09 7, 1809 27, 1«70 7, 1M70 Page. 79 80 80 81 HI 82 82 83 83 83 84 84 85 HO 80 87 87 88 89 89 91 92 92 94 95 90 97 98 102 102 102 103 1U4 105 105 100 100 107 107 108 lo:i 111:1 109 110 no no 111 in 112 113 114 114 114 115 115 no 117 118 118 119 120 120 121 122 123 123 124 125 125 120 127 127 I2H 129 i: Mr. Fi»li Mr. Hoar to Mr. Starhiiek Mr Fish t'} 160 163 104 104 105 106 106 107 107 168 168 169 170 no 171 171 172 172 173 17:i 174 175 175 176 170 176 177 177 178 178 179 179 180 181 182 IM 186 187 188 18!) 190 192 192 194 195 Page. W8 ti.",l m m 83:) m m m m S3(l W7 «I7 mi «3i: «^ m m 841 m sii Hi ma ft) in m Hi «u m Hi H:, t'l.-i (Mii 646 Nil H', NT NT Hi Hi 84s Hi Nil N9 Ni) m m f:>[ S.11 S.K) S53 m 1-54 IVi Hm f.V. l!56 TABLE OF CONTENTS. 425 Tahle of contenU — Continued. rt ^ . t 3 ? = s ^ -"" C- '*' " "^ - Pane. Pnqf m\i l.T. ."27 em IX, ["•jy 8(i!) i;«) f-^ 8(i!) m t^2- 8(i!) i:t7 f'i-i Will i:t8 & HOil 1H9 f^'Jii s«!l 140 8:!0 mi no RKI 8«i) 143 m ««!> 14.1 m\ 8(i« 146 8.1:' 86!) 146 8;t:i 8li!l 147 m H(i!) 147 c:i:i fl()9 148 .-;i4 HC'J 1;:.) m:, 869 IM m 8(19 m c'3(i 8(i9 156 e:)7 8(i9 ir.6 «I7 81)9 '.-.: 8;i7 8U.: i.iT 8;i7 8(i9 1... su- 809 l.W es.- 8ti9 150 ■ 8:1- 8«9 160 Kill . . - . m S^ll 809 164 841 8()9 164 841 8G9 16.-> i m 8liU 166 ' 84i 8U0 KiO i 84i 8(i9 167 Hi *fi9 167 1-4:! im 168 ' 84:t m 168 . 8411 m 169 1 84;) m 170 1 844 *(i9 -.70 i 844 !69 171 ; 844 iliO 171 845 m 17i f4.-. m 172 : f4,'i m 173 I4li m 17:) t)4ti jfiii 174 j 8411 J(i9 175! 847 '(19 nr. ' »<47 '69 170 ; 847 i(i9 17J mi '69 176 , 84f 169 177 84,- i69 177 84^ 169 1 178 84!l 169 1 178 1 849 169 1 179 ' 8411 169 170 ».)ll 69 180 m 69 181 850 69} 18-2! 8.-)l 169 li-l 8.11 09 1 186 1 fsi 69 187 ; 8.VI 69 188 ! CV) 69, 189 8.-.4 70' 190 f.'i4 70 lit-J 8,M 70 i 192 e.Vi 70 j 194 a; 195 856 ^^PP^KMKXTAL MEAfOR.VXDA AND DIPLOMATIC COl \KUTK.\L LAWS, AN'U THK EXK(;UTI()>r THKKEOF, IX THK L'XITED STATES AXD GKEAT BUITAIN. AND DIPLOMATIC COPvUESPOXDEXCE TOrCniXft CUUXTIMES OTIIEU THAN [I'aper.s to which this iiin dii conseil f6ileral eoncernant la neutrality de la Suis-se . . No. 3. Ordonnance eoncernant le nniintien do la neutr.ilite do la Suisse No. 4. Kapport du conseil federal il I'assembleo fed6ralo sur les mesiires prises dans I'inttret 470 482 4K< 487 4!H) 493 4fle .101 504 415 7S 410 7.) 417 ■ft 417 ?() 418 CO 419 HI 421 CI 422 M 424 Ki 424 83 420 84 431 84 435 8fi 7(1 'ti 77 78 78 95 06 % 117 97 its 9! 99 99 99 1110 101 ini m lOJ 104 106 107 108 109 TABLE OF CONTENTS. Table of contents — Contiuued. 427 iDDITIOXAL MEMORANDA TOITCHIXG NKUTRAUTV LAVS AXD THE EXE(M'TIoy THEKEOF IX COITNTIUKS OTIIEK TUAX THE UNITED STATES AND GUEAT UKITAIN. From whom and to wlioni. Date. 61 1 frii I>E\MAUK. Ordnniiaiico tin ml Cbaiii" T.v circular Ltitic iiatfiitc coucernant la rentrf-e cu vigueur do rordoiiuaiicc royalo ilu 4 iriai, 1W)3. Kxtrait do la note circnlairo contriiaiit la d6clarati, I8.'i4 I'ircular, (translation) A|ir. 1(1, 1854 Ciroulav, (translation) June 17, 1801 .'•.70 SWKDE.N. Onlnnnance du roi ' Avr. 8, 18.14 C'limiiuuiicatiou oHicitdlo Jnin 21, 18.')0 (Jrilouuauco du roi ; Juil. 2'J, 1870 IIUAZIL. Divers neutrality ciretilars. Xo. 1 . X(..2. No. 4 . Xn.5. Nil. fi . No. 7 . Xm. 8 . Xo.9. Nil. 10, nipniiiraudnm of que.stions between Brazil, Germany, and Franco I'lviicli passports to pers4)n8 recruited in Uio for the Frencli niilita.y ser- viii' ncit vi.si'd liy tlie police here to jtrevent departure of sucli per.son.s. Meinciianda as to'the Miranda expedition -Uiiiiral Coctu'ane to Generiil Miranda • iiiiiTal Miranda to Admiral Cochrane Extracts iroin the history of Don F'co do Miranda's attempt to ett'ect a ruvolution in South An'ierica. Boston. ^ray .ruiie Oct. Aug. Jnn, 1800 17, 1800 31, 1800 10, 1806 11, 180r. II, 1800 11,1800 10. IH.54 20, 18.'>:» 14, 1855 Sept. 25, 1871 041 612 042 043 043 044 045 640 031 ti8l 093 697 C98 123 124 124 121! 127 127 133 134 .572 135^ 573 135 574 135 .173 136 576 136 .578 1?7 .584 139 585 139 140 141 14-2 142 143 140 140 147 148 140 154 154 l.-iO 1.17 157 100 101 101 101 102 102 162 163 163 174 178 179 179 428 ■i TREATY OP WASHINGTON. Table of contenta — Continnod. Iu(;lnrtiir«H : Afflflavlt of O. W. Kobbins A IHtlHvit of S. r. Lord Fiiithor nttidiivit of S. P Lord Attidavit of J. A. Moiitcnth Invoiuo of Htorcs Hhipptid on tho 8honaniioah at Mulbourne. Mr. Kd}{cc«nib to Mr. FIhIi lucUwurcs ; Mr. MillH to Mr. Kdgocomb Attidavit of A. N. illnrk Attidavit of Gordon Ki'iiniolt Vei'ittod copy of iiianifpst of stoanior Kadio A'^t-rittwd HtatcmiMit of arrival and cavKo of tlio Kadie VcrlHod Htattimcnt of storoH Nliippcd on tlip Kadio Verittcd statonient of utoron wliiiiped on tho Kadio Mr. Kdf{L'Conii> to Governor Barliloy Mr. Mills to Mr. Edjicuonib ^Ir. Kd^HConib to Govt-rnor Hnrl, 1,-71 —, 1871 4, 1871 31,1871 7, 1871 20, 1871 — , 18(i:j -., I8fi:{ — , I8u:i — , 18f.H — . 1871 17.1871 21, 1871 4, lHtJ3 cje. l'-f, 710 l«:i 71i) 1--i 720 1,-tl Ti■^ is- 730 1!U 733 vn 7:w v.<\ 734 iw 73,5 l!i:t 730 1!M 737 W 737 V.H 738 \K, 73!) ]% 740 111,-, 741 l:'i; •' li .t-i ^ ' es J ■ ^ £ •- Z'" CC Page. iW a I 707 li".! ni 710 I-l '71 710 1--| '71 7-20 Ml ni 723 1- m 730 llU m 733 i:« m r-i-i m m 734 \w. '«;» 73-. l'i:i '(i:t 73« i;i4 ^tiU 737 1!M ^(iU 737 i:m ■'71 ^3^ V'-, '71 730 I'Ci r,l 740 i:i.-, m 741 ii'ii THE COUNTER CASE OF THE UNITED STATES, PKKSENTED TO THE TRIBUNAL OF ARBITRATION, AT GENEVA, UNDEK THE PROVISIONS OF THE TREATY OF WASHINGTON, APRIL 15, 187:^. *Tlie IVtli article of the treaty of Washiiifjton permits each [1] party, witbiu four months after the delivery of the case, to deliver in duplicate to the arbitrators, and to the agent of the other party, a counter case and additional documents, corresi»ondence, and evidence, in reply to the case, documents, correspondence, and evidence presented by tiie other party. Availing themselves of this right, the United States present this as tlicir counter case, together with additional do(!uments, correspondence, and evidence, in rei)ly to the case, documents, correspondence, and evi- dence submitted by Her Majesty's government. Inlaying this counter case before the tribunal of arbitration, they deem it proper to premise that they do not consider it within the prov- ince of this paper to discuss all the propositions within the British case which they regard as justly disputable or requiring argumentative dis- cussion. So far as the positions taken by Her Majesty's government in its case vary from those which the United States had the hoiior to lay before *the tribunal in their case, they respectfully refer [2] to that document for an expression of the views which they re- gard as supported by sound i)rinciples of reason and by the acquiescence ot other powers, and by the writings of publicists of authority. So far, too, as contestations of questions of fact are raised between the parties, on their respective cases, and the supporting evidence on either side, a mere renewal of the contestation in the counter case would be superfluous. The United States therefore refer to their original case for their views and estimates of the contested matters of lact. It has seemed to them to be more in accordance with the spirit of the treaty, and with the convenience of the tribunal, thus to reserve for their counsel the general analysis and discussion of these matters, so far as they shall prove important in their bearing upon the substaLtial controversy between the parties in the argument which will be prei)ai*»d by them for submission under the Vth article of the treaty, and ui such oral arguments, if any, as the tribunal may express a wish to hear. Reserving, therefore, their rights and the freedom of their counsel in these respects, they ask the attention of the tribunal to the following observations upon some of the main points of ditterence between the case and other matter submitted on the part of * Her [3] Jlajesty's government, and those submitted on the part of the Suited States. ii .' i 430 TREATY OF WASHINGTON. I. Certain orrors of sense, which run thronj?h the case of ITer !Mnjost,v's government, first claim attention. 1. It is assumed in that ease that the rebe'sof the United States wcic. by Her Majesty's ]>roclamation of May 3, 18IJ1, invested witli sonic iiiKic' fined political attributes. But the United States have hitherto uiidci. stood that Her Majesty's j:;overnment nieiely assumed to re;^aid tln' l)erson8 who resisted ♦'•e power of the United States as a bodyofinsiu. rectionists who mifjht be recognized as clothed Mith belligerent ri^rlits at the discretion of neutral powers. They therefore think it rij>lit to conclude that the frequent use in the British Case of huiguage imply ing recognized political attributes in the insurrection is an inaeht it- ence. 2. Iler Majesty's government assume that the reclamations of tlio United States are to be confined to claims growing outof the acts of tlic Florida, the Alabama, the Georgia, ami the Shenandoah. The cliiims growing out of the acts of tlie other vessels named in the Anicr [■i] ican case are regarded by the *United States as also einhnunl within the terms of the Treaty. They form part of the cliiiiiis generally known as the "Alabama claims." They are enumerated in the fourth of a series of five volumes printed by onler of the Senate of the United States, which are part of the " documents, correspondence. and evidence" submitted with the case of the United States. These volumes, when thus collected and printed, were entitled: "(Jlainisef the United States against Great Britain." It is believed that under tliat title they were in the library of the foreign olllce at London bet'oie Her Majesty's high commissioners received their instructions. It may also be said, without impropriety, that under the same title the3' were on the table of the joint high commission during the negotiations which ])re ceded the conclusion of the treaty. The Unit<»d States, therefore, wliile re-asserting their construction of the language of the treaty in this respect, feel that they have the right to ask the arbitrators to assume that Iler Majesty's high commissioners had notice of, and acqnieseed in, that construction. 3. The United States arc at a loss to understand why several ohsor- vations are introduced into the British Case which apparently aim to limit the operation of the three rules of the treaty. If, by the prinei- pies of construction which are suggested. Her Majesty's Goveiii- [6] ment intend to ask for a modification *or change in those rules, the United States cannot too strongly protest against it. 4. It is averred in several places that some of the acts of which the United States complain were committed by American citizens. If these statements are introduced for the purpose of urging this fact as an excuse for the negligence of Her Majesty's officials, or for any other supposed relevant [)uri)ose, the United States will ask the tribunal to take note that the "American citizens" referred to were criminals in the eye of American law, at the time when they were elevated to the rank of recoji- nized belligerents against the United States by the act of Her Majesty's government, an act in which the United States did not particii)ate, ami against which they have never ceased to protest. It would seem, there- fore, to be impossible to impute to the United States any consequences of responsibility for the conduct of the persons thus described as " American citizens." COrXTER CASE OF THE UNITED STATES. 431 II. Tier Majosty's uovornmoiit has also stated, in tonus, many proposi- tions, some of law. sonu' of fact, some of mixed law and fact. For the convenience of the arbitrators tiie United States call atten- tion to some of the leading i»oints of ditlerence between the two ciiscs, with the reservations *heretofore made as to the points not [<»] iiotin'd, and as to rhe ri<;lits of counsel. 1. The IJritish Case seems to conced»i that a bellijjerent who has wion;,M'd a neutral by violatin;;' its sov«Meijjnty and by forcinj:- it to take jKirt, indirectly, in a war, may, nevertheless, by some subse^pient a<*t, isncli as commissioning without the Jurisdi(!tiou of the neutral a vessel ofwar improperly constructed within its jurisdiction.) deprive the neutral of the right of taking cognizance of the original ortense. Tlie I'nited Stati's suggest that such a right cannot bo lost by the iin'ie act of the otiending belligerent. L'. It appears to <'laini for vessels of rebels recognized as belligerents an exemption from national Jurisdiction, which should be acccirded, if at all, only to vessels of recognized sovereign [)owers, to which p«)wers politi- cal representations can be made in case of violations of neutral sover- eijfnty; and it ignores undoubted prerogatives of the Crown to excliule armed vessels from the national i)orts. li. It atten>i»ts to limit the operation of the words "due diligence" in a niiunier inconsistent with |)rinciples «)f law well established on the continent of Kurope, in the United Kingdom, and in the United States. Irsets up as tiie measure of care a standard whiidi tiuctuates with eacli siipceeding goveruMU'Ut in the (urcuit of tlu' globe, viz, "such lare as governments *ordinarily employ in their domestic con- [7J cerns.'' 4. If the United States have corre(!tly interpreted its somewhat vague lanjjuiige, on page 1(17, it asserts that, in a case like the present, a Ixdlig- erent should be recpiired to show on the part of a neutral, as a founda- tion for a dain) for com[)ensation, an absence of care nearly equivalents to willful negligence. The United States had noti«;e that this point would be i)ressed by Her Majesty's government. It had announced that its case would be preparecl partly under the direction of an emi- nent and learned publicist who had vigorously insisted upon it in his pulilic writings on the neutrality of Great Britain in the American strufrjile. They therefore presente«l for the consideration of the arbi- tralois certain facts exhibiting an unfriendly feeling toward them on the part of iiulividual members of Her ^Majesty's government during the contest, which ujight naturally l«'a«l to, and would account for, a want ot diligence b«>rdering upon willful negligence. Uut, while thus antici- pating this position of Her jNIajesty's goverinnent's case, they did iu)t, and do not, assent to its correctness. They do not conceive that the law ot nations tolerates the proposition that belligerents are require«l to submit, without retlress, to the injuries of " neutral negligence, till it rcaclu's the extremity suggested. J. The IJritish Case attempts to narrow the *international duties [8] ot a government to the exercise of the restraining powers con- ferred ui>on it by municipal law. 6. It overlooks the obligation of the neutral to amend its munici- pal laws, when the powers conferred by such law prove inadequate for the performance of international duties. In this view the many state- ffleuts in the British Case as to the actual internal distribution of powers lu Her Majesty's government, though interesting, are irrelevant iu measuring its external obligations. i ?nj| iM 1- ^r:}t^ ■V(; i;:i.^ t ^ ' ;?-il'.:'l;. 432 TREATY OF WASHINGTON. 7. Tlu'IJiitiMh CasopnipoHes tli!ittlMOiiil)ilit.vot'(Jit'at nritain toninke iiukMiiiiity to the United Stutes should be limited to the eiiseswliidi the United HtateMeaiinot show, by allirmative proof, that tliey aetivcly iiiiil diligently exerted their naval power to prevent. The United States con. tend that 8ueh a i)ropOHed limitation ha.s uu just foundation in suuml principleH of international or other law. III. Part 11 of the British case assumes to give an introductory state- ment of, (1.) "The events which attended and followed the coimiuMice. inent of the civil war in America;" (2.) "Tlu' course pursued by (lu'iit Jiritain in relation to the war;" (3.) Tlie course jjui-iued i>y -tlui [0] other maritime powers" in relation thereto. •Part III assuincs to give a ''statement on international rights and duties on the ikiwims which were possesse*! by Her Britannic Majesty's governnuMit of pie- venting 'unlawful etiuipments,' and the manner aiul cinMimstaiicos in and under which these powers were exercised during the war." The United States, with the reservation heretofore nnule, now call attention only to some of the principal points of difference in tliis resi>ect between the cases of the two governnuMits. 1. The United States insists that Her Alajesty's governtnenr is politi- cally and historically in error in the assertion, on page (5, that tin- contest terminatewers. Tliey will also observe that the other governments did not recognize the title wlii(;li the insurgents had taken for themselves. Thus, for exani|)le, the proclania tion of the Emperor of the French spoke of them as " States which pre- tend to form a confederation;" the circulars of the Dutch goveriiineiit spoke of " the doubtful comi)lications in the United States of North America," "the existing disturbances in the United States of America;" md ^he Brazilian circular expressly states that "the Confederate States liave no legal existence." 4. It is stated, on page 22, that "by the United States cruisers the ports and waters of Her Majesty's dominions were resorted to for coal- ing and other purposes more frequently than by vessels of the Confed- erate States." If by this it is intended to imply that, hiivinjr [11] regard to the great disparity of numbers between the vessels *ot' the United States and those of the insurgents, the United States lOUiNIKK ('A.Si: OF TJiK I'MTKI) fSIATKs. 433 4'njov«', that ''th(^ acts of which the (Jovcniiiu'iit of till' United States is understood to eoniphiin lieh>n<>° to a class wliich linvt^ not connnonly been made the ohject of prolii[>itoiy h-^islation ;'' tliiit "in few countries, oi' in n(me,a<'coidin;; to tlie information ree«'ived by Her lUitannic I^Iajesty's jj(»veinment, ]n-ovision for preventinr JNIaJesty's (lovernnient. Tiiey liave tin' iH»n«)r to refer the tribinml to statenu'nts concendnj; the laws of Anstria, Jh'l<;inm, DcniMark, Franct;, Italy, the Netherlands, I'ortn^ial, Prnssia, Spain, and Sweden and Norway, which will be ibiind in the tbnrth appemlix sit- tiicheil to the report oi the lUMitrality laws commissioners. 'J'liis doen- iiiciit will be fonnd at the close of the third volnme of the IJritish iippeiidix, and in the tbnrth volnme of the Anu'rican evi«U'nc,t', between pafies l-<) and His. They also refer to tln^ documents nnd evi- dence herewith snbmitte«l *rei^;ardiny the laws of several powers jlL'J in Kurope and America lor the preservation of their nentrality. it will appear, from all this evidence, that acts snch as those of which' the, l'nite«l States complain have been widely made tln^ snbject of posi- tive lcj;islation, ami that in no conntry, except (Heat liritain, so far as tlic I'liited States are advised, has it been assnincd that proceeal ov lo«;al laws are the measure of neutral obliy;a- tions toward other governments. (!, On i)a<;e IT* it is stated, w ith reference to the steps taken by Presi- dent Washinji'ton, that ••the measnn's adopte()v«'rnm«'ntarticnlar duties under the treaty, as eonstnu'd by F'rance. In the nu'MUHr of Mr. Abbott, now Ui>rd Tenterden,) which will be *fouinl in the British appendix, at tln^ |1;>1 end of vohnne three, it is stated that "the result of tln^ publica- tion of the rules of the 4th of August [which were ; lie measures adopt<'d l».v the Executive referrees 2(J, 27, and 2t tht^ treaty of \Vashiiij;toii. Tii,. llnitetl States would re;;ard such au ini|uitatiou as a reproaeh, however intenined to nsk the arbitrators to examine the fuitlier I'videuee on tliese points uhidi [!1J tlu'y have the honor to suluuit herewitli, *al}liOU^ii they ciniiiot but re(!ojjni/,e that the arbitrat«)rs may justly teel tiiat neitlier parly oujiht to add to their arduous labors by the introduction of state ments and evidence wholly Ibieijiu to the issues subnntt<'«l to tiieir decision. The evidence now submitted by the United States rej;anliii;,f the perfonnance of their international «luties is voluminous and spreads over a series of years and a vaiiety of inciilenls. Jt relates to I he ectii test betMeeu Spain and her <'oloni«'S, to the war between JJrazil and tin- Artij^as government, to struji^ies of ('nl)ans lor imh ;,v ndeiii-c. to tin- war between Spain an«l the South Americ^an republics, and to the Crimean war. Jn all these contests it became the duty of the United States to ])reserve their neutrality umler ditlicult circuni^taiu'es; id'teu when the s_Yini)athies of .. were eidisted in opposition to t". national oldi^Mdions, Her .Alajesty's fiovernment lias thought it rip,at to call in question the etliciency, while admittinfj tlu^ good faith v.ith which the Unit«'d States performed their duties in those trying circumstan(;es. The eviilence now submitted shows conclusively that Her Majesty's government has been misinformed*, that the United States (lid perform tlieir duties as a neutral at those times with a fulelit.v and activity \Nhich, had they l>een imitated by (Ireaf. IJritain durin.ir the insurn'ction, would have nnide the piesent proceedings unneces- sary. [lit] *.S. The United StiJtes unite with Iler ^Majesty's governnuMit in its remarks on page L'7, calling attention to th/ fact that the I'resi- di'ut of the United States, at the reipiest of the Portuguese goveinuient. «lid, in 1817, recomno'SMl Congress to colder upon the government, nut only i)owerto punish otVenders, but also power to |>revent the commission of the otVenses; anil that ; ./ingress did, in comjdiance with siu'li veqncst. confer su«'h itower in the neutrality acts oi' ISIT aniig((:.'S: '*lt is needless lu>re to rt'ier |.;ir licnlarly to mor«' rccj'nt instances of vessels jitteil out in pcnts of the United States for <>xpeditions against countries w. '« wliicli the United Sfiitcs were at ix'ace. These instances are wtdl known." N'ague aisin- intli m>w charge d against (Jreat Ibilain." TI."V lee! conlif which they Intve [1(5] ottered and of that which *they now otlcv, showing the liage 1"» that thf .Ibitish act «)f ISl!) is "more string*'':!, rigorous, and comprehciiHive than that of the United State.s.'" Her Majesty's government does not CnrxiKK CA.sh OF THK LMTKD >lATh> 435 s!U ill wiii'.t respect tlio superior striiifjeney, ripfor, ami eoinpreliensive- noss ot that act is siii)pose(i to consist, if tlie liritish act coiiJd li:ive been siisi)eii!!e(l by tlie act of tiie ('rown, whicli is sni»i>os«'d to liav«* been tlic case, it may a^ least \w lu'ld to liave furnished less iK'rnianent and (■('itiiiii renie«lies than the law r.f il;*^ U'dted States. The I'nited States tliiiik tliat the ((tialities of strinjjency, ri;j;or, and <'onipreliensiveness will he found in their law in a superior degree; arm they call attention til iiic folIowinlaj«'sty's gov- cninieiit has itself furnished evidence of the superioiity of the United States statutes over the Ibitish act. " I may remark." says Sir Frede- rick Ilnice, the Ibitish m mister at Washington, writing to his g«»vern- iiieiit, "that the (lovernment of the rnite/l Stati-s has ronsid«>rable ad- vantages ill ))roceeding against v essels utnlc;the statute. TIk'V have, (in the spot where the preparations are Iwing mad«*. tin* district attor- ney, a legal (»t1icer resi»onsible to the (lov«'rnment. to whom the duty of invesiigatioii is cciiimitted. The libel is jn the nature of a jirocet'd ing ill admiralty in n m. It is deeided by a Judge jonvcrsant |1S] *\villi internatloiial and maritime law. without th«* interv«'nti<»n of a jury.'' (Vol, ;>, Ibit. App,, last paper, p. ;of pr<»i» ositions I, 1!, ;ind .» of lOnglish constitutional law. on page Ml the Unite*! Siati's thiiiW that they are not mistaken when ihry s:iy that (he privilege wliicli a witness is supposed to have of r<'lusiiig to answer a question is a personal ]iiivilege, of which the witness may «)r may not avail hiais«*lf. it is init siippcm'd to be one which a c! enunent would not thereby be relieved from 'th*' duty of an inde- pemlent, diligent, and vigilant wntelifuluesK, in onler to prevent I I: r 1 436 TKKATV or WASHINGTON. .' ( ■ ■■ 'i-i. ovil-dispo.sed ])eisoijs from violating its neutrality. Xor would tlu* inin ister ot a bellijjeivnt power (as Mr. Adams was in the eye of the Kiijjlish eabinet) be required, after the receipt of otiiciu! infornudion as io tlio nature and character of the evidence that must accom[)any his rcprc sentations, to nuike, or complained of for not makinj;', representations of fact to the neutral jfovernment, excei»t in the manner in whicli ln^ liad been notified to make them. Thus, (to apidy the piopositioii,) Mr. Adams, bein*; notitied by the liiitish j^ovci nment that, in order to secure oflicial action on a complaint of a contemplated \ iolatiou of liritisii neii trality by the insur^icnts, he must furiiish proof of the fact sutlicieiit to warrant convicti<»n tor a violati<»u of the forcij^u-cnlistment act, eoiiM not be (.'harited by that ^xovernment with responsibility for not makiii;; reiuescntation.> cm!)odyinj; a lesser «lej;ree of proof. 14. The United States do not understand that it is trui' that "'nlle;;;! tioiis that vessels were beinj; prepared lor crnisinj;' or carryin^j;' on war," were in all cases followed by seizure of the vessels when sulUcient primd f'av'te evidejice of the illej^al i>ur|»ose was furnished. They understand exactly the contrary to have ln'cn the case; that until the opiiiioinit the Iaw-j>nicersi>f the Crown, ;;iven on the LM)th day of July, ISdi.', |1}0] (the day of the escape of the Alabama,) all branches of *ller Majesty's (iovernnuMit hold that it was neitessary, not only toestab lish a pieparatiiMi for cruisinj; or carrying on war, but also an actual arm ins; of the otfeuilinj; cruiser in a British port, in order to justify seizure, and that this prevailin;; opinion was afterward sustaint'd in effect by the <'Ourts of Knyland in tlie Alexaiulra case, which is still the unreversed judicial construction of the act of l.SH>. 1"). On i>a;;e r»7 is <;;iven what purports to be an explanation of the meaning? of the words "rejiistry" antl ''clearaiute," and of the duties of the olUcers empowered to register ships, an Florida, Alabama, (leorgia, and Siienanr caich'ss hmguage in the el(»sing paragiaph of this statement in tlu^ Ibitish ('asc. It is there stated that "claims for the interfe>'en<;e of ller Majesty's government in the case of these and other vessels were based, accord ing to the statement of Mr. Adams, in his letter to Earl Kussell dated 5Kh of October, ISilU, on evidence considered by him to apply direetiy ti» intringeuuMits of the municipal law, and not to anything beyoiitl it." COINIKK (ASK <»F rilK IMIKD STATK8. 437 It is i[u\U' possible — iMMliiips it is not too iiuicli to say that it is prob- i,l)I(. — flint the arbitijitois inny derive from this statement the impres- sion thut all the otlieinl representatiojis of Mr. Adams in respect to these four vessels were expressly based on evideiiee oft'ered by •liim ill support of allegations of infriiijjeiiients of the niuniei- [22J pal l;t\v. Tlie Tnited States call attention to this, feelinj>- eonti- (Icnt that Her Majesty's jjoverniuent will be anxious to e\eliide a eon- slnictioii of its laii;(iiajie which is so litth' in aecordaiuM" with the facts. V. I'iUt \' olthe Urilisli Cast- isentith-d, " Statement of facts relative to liie I'lorida." Tiie evidence in supi)ort of this part of the case is to be loiiiid in volume one of tUe appendix, between pajifes 1 and Km, inclusive. Tlicr<' are few discrepancies in tli(> two accounts of the career of this vcssi'L The new evidence furnished by Her Majesty's ;;()vernment sus- ;;iiiis and ov<'rnment was a fraud. L'. 'fhe participation of the le<;al authorities at }V'assaii in the «'on- spiracy for the discharjif of the Florida, which was charjicd by the I'liitcd States, is established by the otiicial reports accompanyinj;' the Mritish case. ."), ll«'r .Majesty's ^iovernment introduces, on *paj;es 7.i-4 of its [2.j] appendix, evidence which sustains the alleviations in the .Vmeri- caii case that the Florida was, in outward appearance, a JJritish nian- ot-war, and that, in such an assumed character, with tiie JJritish tlaft; tlyiiig, she passed the blockadinji' s(puHli'on olV3Iobile. and that her real tliaracter was not srspected until too late to stop her. This act was de- scribed at the time by the distin;;uished admiral who witnessed it as Diily ''an ai>parent want of visty's ;,'overnment. and wer<' formally ap- pimed at the foreij^n ollice. *rntil now, the United States [24J liave lieen niiable to establish, without the help of presiimi)tions, ;ill tlie links in the chain of evidence. •'. It is stated in the Hritish ('ace that "had the vessel been seized by Ihr Maj«'sty's government, a court of law would have ordered, and ^vould. imlci'd, have been bound to '.>rder, the immediate restoration of lier lor want of evi;ov<*rnment regard- 4;;.s llfKATY OF WASiriNGTON. iiip Jiritisli miiiiifipal Isnv. Their ofticials soii}j;lit, (liiiiiijj; the lobcllion, to iiidnce ilor .Majesty's jfovermnont to stoj) the vessels eonstnictcd in ( Jieat Britain to crnise against the United States. They did not ask for their forfeit nre, tliey did not object to a restoration to their owners, l»ro\ ided they were not to leave Jlritish waters to carry on war a;,Miiisi the l,'niteou the nature and the sufliciency of any evidence ef n breach of the law which they mij^ht obtain; (b) that the otticial le^ai advisers of the customs f^ave opinions on the evidence contained in Mr, Adams's representations which were in conflict with the opinions of the law-oliicers of the Crown ; (<•) that these opinions were given upon the qlie.stions after they had been submitter ivpairs anris()ners, Tlie course of tlu^ governor in allowinjj siicli hospitalities to Ix^ granted was a pju-oved by l!)arl Kiissell, l-'ebruary 14, IStl.'j. This appn)vai a|)pears to have been given without regard to tbe advice of the law ollicers of tiu^ Crown. (Ai)pendix, page L'lL*.) 7, (Ireat stress is apjjarcmtly laid on the reception and acts of the Alahama in Ui-a/ilian waters. The I'liittMl States invite attention to the striking <'onlrast between the coiirs<' of Ib-r Miijesty's government in tlie acts complained (d" befoi'i' the tribunal, and the couise of the Em- ]>eror's government, as shown in inclosure Xo. 1, on page U7(i of the appendix : as shown in the IJra/.iiian (Mrcular on page 28i, stating that "the Confederate States have no legal existence ;" that they have Itecii re«!ogni/ed as belligerents only '' with the *necessary re- [2.SJ strictions,*' and that the ex|)ortation of warlike articles from the ports of the lOmperor to the insurgents, whether under the IJraziliau or a foreign tlag, was forbidden ; but that a similar trade to the ports of the United States was forbiddi'ii only to the Jbazilian Hag; as shown in the rule as to coal ; and as shown in the carefully drawn distinction between hospitalities like those permitted in the JJritish West Indian i)orts for the i)urpose of aiding a vessel in a hostile cruise, and hospitalities given to enable a vessel to reach a home i)ort. 8. Her ^VFajesty's govennnent aver that the original crew of the Ala- Itaina was not eidisted for the service of the insurgents. The United States contend that the evidence shows that a large porti()n of the crew knew quite well whither they were going. !l. The United States (iontend that it is immaterial whether they did or did not make any ett'orts to (rapture the Alabama. The fact is, how- ever, that they made great ettbrts, and incurred great ex[)ense for that purpose. Tiie United States also resi)ectfully r«'fer the tribunal of arbitration to the corres[»ondence with the I'ortuguese government and authorities coiu'erning this vessel, which is contained in the documents submitted with this counter case. Vll. |21)| The evidence olVen'd by (ir«'at IJritain regarding thcdeorgia is in the main identical with that ottered by the United States. In some respects the new documents strengthen the case of the United States. 1. It appears that Her Majesty's government was otticially informed, hy its own otticials, of the suspicious character of the Alar, two days in advance of Mr. Adams's information, and that it took no steps in coii- soi|uenee. -. I*^ is intimated that Mr. A«h»ms was in ])ossession of information, befcic the .^ailing of the Georgia, which he should have connnuuicated to Ifor Majesty's government, but it is conceded that the information vould not havt .justified conviction under the foreignenlistnient act, w 440 TKEATY :)F WASHINGTON. and that Mr. Adams had, before then, been informed that Her Mjijestv's government conhl not act on less (!omplete representations. 3. It appears that orders were jjiven to a liritish vessel of war to pro ceed to Ahlerney, but it does not appear wlietlier those orders wtie oi were not obeyed. 4. The report made in 1871 of the arminjj of the Georgia dilVcrs fmin the «;ontemjioraneous accounts made by eye-witnesses. 5. When Her ^Majesty's government made the statement that no soijons endeavor to intercept or capture the (leorgia appears lo liavc [30j been made on *tiie part of the United States, it was mistiiKcn. Tills correction is, however, made innb'r protest tliat th«' riiitcd States were unch'i' no obligation toward (Ireat Uiitain to rrbevc ht r lioin the consoincnccs of hei- original wrong-doing. VIII. \t:*tL Hi i; .* As with the other vessels, so with the Shenandoah, the t'videnn- in tin- two cases is largely the same, and the e\ idence exclnsi\('ly jnociitcd by licr Majesty's government strengthens the \ie\vs ;ind thcoiics 141,]4L*,) the Sea King was regarded as a Jbitish vessel until altci-its arrival at the A/ores; that acts took i)lace then' on its deck which wcic esteemed to be violations of the foreign-«'nlistment act: and tlisittlic question whether her deck was not at that time a i)lac«' belonging or subject to Her ^fajesty was thought to be a serious one. Tiic acts which ar(i referred to as having ttdvcn place there within lb itisli juris diction were some of th<^ acts of which the United States now coniplaiii. 2. The United States do not admit that the i>ersons who went out in the Laurel are to be regarded as ordinary jiasscngers. Tlu) [31 j were persons who, *iu violation of the duties of (licat Uiitain as a neutral, were recruited in England to serve on the Slicnaii doah. 3. The oflicial repoit of the governor of what took place at .MelltniMiu' contirms the account given by the United States in their case. J>,\ inclosure 1!>, on i)age 1119, (a])i)endi\',) and by iiiclosure No. I'L'. on paj^c 500, it app<'ars that intniediately alter her arrival at ^Melbourne she was known as the Sea King. l>y i)aragrai)h 1>, pages ."iO.Vd, it apjiears tliai the commander was not pressed to go to sea until he was (|uite rea(l\ to go; by- ])aragrai)h I'O, on page ."iOT, it appears that the governor was con senting to the condonation of the otVenses of the; Shenandoah against IJritish neutrality ; by the police repint, -'■'>, it ai>pears that the government was otlicially infornu'd by its own ollicers that the com- nuinder intended to ship forty nuMi at .Melbouiiu' : and by inelosurc !K). l^age olitJ, it appears that, although the stay of the Shemindoah at ]\Ielbourne was nominally for the rcjiair of the screw and its i)eaiiii};s. that part of the machiiuM'y was not touched luitil tlu' v<>ssel had been fourteen days in port. The United States cannot admit that tlit'iv was any vigilance exercised by the ollicers of the colonial govciii ment. 4. The United States, for reasons stat<'d in their case, cannot agree with Her Majesty's government in the statenu'Uts made in tiic [.32] first paragraph of page *100of the Jbitish ea.se, regarding the crew of the Sheiuindoah and Temple's atlidavit; nor can tlit.v accept as true the statement of the comnmnder of the Shenandoah, cited by Her Majesty's government on page 107, that on receiving intelli- ( OlNTi:i{ (ASK OI' rilK INITKD STATES. 441 ^ji'iice ot the overthrow of the iusunection, he "desisted instantly from furtlieraetsof wnr.'* ,'». The United States, as to the Shenandoali, make the same state- ment wliieh they liave already made in reply to the statements of Her Majesty's ^jovernnient tonchin;;- attempts to intercept or to captnre the Ceoryia. IX. On pa;;!' H»7 of tlie case i>f Her ^faj^'sty's ;;overnnient, it is said: " If tlie tiiiainal should come to the cionclnsion that (Ireat Jiritain has in- clined any liability to the Tnited States, the question will tiien arise what sliouhl he deemed the just measure and extent of that liability. Her r»ritanni»; Majesty's jiovernnient abstain at present from enterinjj^ into that (piestion, and will reserve such observations as may be litly ollered. in ivlation to it to a later siii<;c of the i)roceedin}is. Here it is siillieient to remark that a claim on the part of a benij,'erent to be indem- iiilied at the expense of a neutial for losses inllictedor occasioned liy any of the *ordinary ojieratious of war, on the jtlea that thosj'; [o.'JJ (»l)enitions were assisted or facilitated by ne;ili}4ence on the i)art (if the neutral <;-overnTiient. is oiu> which involves };ia\e considerations, ;in(l rcipiires to be wei;;hed with the utmost care. Losses of which such iu'^'li},'enee is the direct and ]»roximate cause, (and it is in respect of such only that compensation could justly be awarded,) are commonly not iMsy to separate from those s[)rinf;in<; from other causes.*' The United States concur with Her ^Majesty's p)vernnuMit in the opinion that ''a claim on the i)art of a belli{;erent to be indemnilied at the expense of a neutral for losses intiicted or occasioned by any of the oidinary open'tions of war *" " is one which invoh cs j^rave considerations, ;ni(l recpiires to be wei<;hed with the utmost care."' Without the explan- atory observations which Her ^Majesty's (Jovernment reserves the ri; the relations of laiiso and etteet as it may assume that the i)arlies had in view *\vlien they entered into their etif^ajicment to make this refer- inee. .'{. Neither party contemplates that the tribunal will fiOii the 4(')llth jiam' of tli/' Statr, io the collector of (.'karlcxton. DKl'AltTMHNT OF StATK, ticptcmber J!», JSll. Sii;: Having been r«H'entiy infornu'd that a Ihitish ship, a prize to iu' French privateer J)nke of Dant/.ig, Arregnandier, commander, has lilt II for some months ])ast lying in the port of Charleston, 1 request yoti to state to me, with as little delay as possible, and with accuracy, ;lu' particular circumstances cotinectc«l with the arrival and ort which has reached Mr. Onis. 1 am, sir, isic, .lAMKS MONKOi:. (Jovernor ('laiuokne. Mr. Mvtirot; Senttary of State, to the yoruiutr of Ttniti-Htur. UErAUTMENT OF STA'JE, Srptemlter .'{, ISli*. Sir: intelligence has been received that some of the citizens of Vdiii State are collecting in tlu; county of Cliles, with the intention to make an incursion into some of the i»rovinces of Spain, to join the rovolii tionary party in a contest against the existing government. As the United States are at ])eace with Si)ain, and su(!h a movement is |iroliilt ited by law under severe ])enalties, the I'resident has instniotttl [5] me to communicate to your excellency this intelligence, *\vitli a request that you would investigate its truth, and, .should it appear to be w ell founded, give it all di.scountenance in your power. It is presuujed that when the i)arties concerned in this luoceeding arc ap prised of the .sense of their (iovernment, and, more esp<'ciaMy, of tlioli- gal prohibition ami penalties atta<;hed to it, they will not hesitate to decline it. .TAMi:S MONROK. The CJOVEKNOIJ OF Tennks.see. Mr. Monroe, Serretary of State, to Governor Howard. Department of State, September 3, 181 1'. Sir: Your letter of the 2l8t of June, with a paper addressed to y by .). McClanaham, for himself and in behalf of lleuben Smith a iliul E;?;A:-^,'-s • C()i!NTKU CASK OF TIIK I MTKh STAIKS. 447 .laiiios I'attci'son, iiilinhitaiits of LouiNiniin, was rm'ivcd \w\v wliilo r waii abrteiit uii a viNit to Vir^^iiiia, or it wouUl )iav(> been sooiirr attciMlcd to. It !i|>]>*'i»''^ '*y ^^''^ cointniniinatioii that its aiitliors intend to visit some ol' tin' provinros of Spain, and, as may Im^ intV'in'tl from tin' recital it , their object amy be, and III pntbaltly is, of an nnfriendly natnre. It is in tlie *hitter view that tlie snbje(;t is inten'stin;,', and on wliich in that vi«'\v I have KM'oinnianieate to yon the sentiments of tin* I'resident. The United States are at peace witli Spain. The «'onvidsions of the Spanish monarchy have produced no etfect on this jioJiey toward lier. TIm! (Usor};ani/.ed condition of that power and its embarrassmenrs have att'orded motives ratluT t«> forbear to i)ress ehiims of rijfht fo'iiidi'd on positive wrongs, than to seeic reu will nmkethis known to the parties eoiu'eiiicd, and give all the (lisc«)untenance in your power to any measure which may possibly tend eventually to assume a hostile character. .IAMi:s MONKOK. (i(»VKUN(»H IIOWAUl). dnig are ap ;"| * Mr. Moiirot; IScn'i'iat'jf of State, to tlif fforcrnors of l.nidsintui oidI of the Mississiitpi Terfitori/, and to TiiHif h'olunxon, istj. I)KrAi{'j:\n;NT of State, Fettnmrjj li, 1811. iSiiJS: it is utulerstooil that J>r. 'lohn K'obinson, who was employed soiiielinie: past, on tlu^ recomnuMulation of the late (Mineral I'ike, in mak- iiijja IViendly conununication to the governor of the internal provinces III New Spain, is now engageinN<. ION I'Ai'KlfS ACCOMl'AN'VINi; [8] "Mr. frfoit*'o*'^ iScrreffnif of tStaW, to l>r. Rohiiison. Dr.i'AuiMF.NT OF Statio, Fchrniiri/ 11, isi |. Sill: i IwiSf jiisl rccfivfd ;i IrttiT iVoiii >on, iM'Siiiiifr 'at<'li(>z. Tliis will. th<'r('t«>ft', h<' ati the (nise tVoiii yom instiiictioiis witilc artin;,'^ under fiu> autlutrity oi' the (lovenimeiit. mi the reeoininendation of (li«> late (leneial Piixe. ^()ur (;ondu<'t is (lie nioif r<'|)i-eliensil)le tVoin the eireiiinstanee thai, as you were «'inj)Ioye(l .some time ]»ast in utaKiii;: ;; tViemlly e(t!ninn,nieat ion to the jjovernor of tin. internal jhon in; ■;; of New Spain, it may i>e inferred that yon are still in tlu' servii'e. of the (lovenwnent, and uetin;^: in confoiinity to its vii'ws and by its anilioiity. Onheaiin.ij of your ))roeeedin<;s at I'oit I'itf, ! instrnejed the atlo; ne.Nol' tlie failed States for tiui district of I'eniisyl vunia to take the jnoper measures, in (jompiianee with th(> law. to put ;i stop to them; and I m>w write to iiiforai .vou.that ifyt)U do not iiniiu'tli ately delist froin .\(»nr ille]nal nwasures and pursniis, the most (lecisi\,. steps will \h' taken lo <;iv(» etl'ect to the l<'i;al icstraiid. aiipliciihlc t of e'lterinj;' that province and aidin.u in the overthrow of itH.uiiv (Miiment ; .snd I o!»ser\e with ph-asure thatyoii were taking nieasinvs to defeat theii' piojeet. There is reason tohelieve that the.se forei;;iier.sii('i in (UMicert and are eni-ajrcd with Dr. l{ol)in.-;on. and it is my wish ili.ir the instriu-tions in relation to him. communicated in my letter tu yoiioi Ihe I Ith instant, mav he extended to tluin. JAMIvS MONllOi:. t ^^ Mr. Mot ■ (.', i^rrniari/ of tStatc, to Mr. h'nltin.sdti. DKrAUT.MKNT (>!" Stah;, FfhriKirff 17, 1.^14. Sin: There is reason to believe that (IiMieral T)ledo, late couiniamliM of the revolutionists in (he Spanish province of 'l\'\ as. ;i ml ny letter (o you of (he I Ith in *t:nit. mav hf: extended to them. .F.VMKS MONKM)!-:. TUI.LV KOIJINHON, KAi\. rorxTF.R (ASK OF Tin: imtki* status. Mr. Monroe. Sccretftn/ of' Sliitr. to Mr. Conner. 44:» J)i:paktmknt or State. April 1!». ISli. Sir: TIio papers idV'n^'d to in yinir IrtN-r of tlit* 7tli instant wno .Jiily m'eiv«Ml at this <»lli(M'. 'rii(> ITniti'd States Ihmii;; at pfare with Spiiitt. no ('omilciiaiicc can lie ;;iv«'n !»y tlirir (ioviTnincnt t<» tin* )iio- ii'iMiiii^s I)!' the icvoliitionaiy party in Kast Flurida. if it isconiposcd ol >|)iiiiisli sur»j('cts, and still h'ss can it lui };iv«Mi t«» tlu-in if it consists ot' AiiM'iiciin cili/t'iis. w Iio, so tar as tliciicondnct nia\ i'ali within tin- scope (il'cMsiiii.!;' hiws Ion;; enacted and well known and undcrsto(»d, will lie Ijiihle to censni'e. .TAMKS M()M:()I:. \VlLr:(>X CoNNKK, l''s(|., IjOKiNhiiri/li. S'ortli Carol ina. Ill * Circular to (1istr'< ' ttttorneifx. J)KrAHT>iK.\T or Statk, Stpfemlur 1, ISl."*. SiK : Inroi'nir.iion haviiiji" rea<-licd this I )cpai-t)'M'nt thai sniidry p»'i'- M)iis, citizens and othi'is, within tlic lindts »»l" tlic Slat*- ot' Lonisian.i. lit' ('ii;iit;;ed in preparin;;' the means ot a niiiitaiN expedition a;rainst the .luiiiiiiidiis of Spain, 1 have to reipn'st. in the name of tiie I'lesideur. iliat you will keep yonr ollieial att«'ntion awake to the suhjeet. Sncji loiidiict, \ iolatinjL;' alike the (inti>.>s ot' nentrality and an express statnte III ( Hii^ress. nu'iits the severest reprehension, and yon will l»e pleased im! te tail to prosi-cnte, with dne vi;^ilance and to tin- t'ull extent ol tiie iiiw, all persons implicat<'(l, against whom there appears, ur can he oh- !;iiiii't|, any snlllcieut evidence of <;nilt. I have the Innior t*) he, vS:c., .lAMKS MONHOK. .loilN DK'K, Ks((., hi.sfrift Atlornc}! of Ike I'nit. i States for l.re written to tliu district attorneys ot iiiot and West Tennessee and Iventiicky.) n *Iiii the I'resiflnif ol'tlir I'nileil Stotia of Aunriea. A IMJOCI.AMATION. Wli,i('iis information has been re«'eive«l that snndry persons, citi/ens 1^1 tlie Tiiited Stales, or residents wit hill the >aine. an«l espe«-ially within 'Ik' Si;tte of Ijoiiisian I, are <*onspirin;i to;ieiher to lie^in and s«'t on foot, !"i'ovi(ic. ;iiid prepare the means for a military ex(M'ditiou «»r pnterpri>e :!!,Miiisl the dondnions of Spain, with \^ Inch the I'ldted States are hap- I'lly at peace; that, for this pnrpose. they an- eolhftin;. arms, militaiy ^tnies, provisions, vessels, and (»ther nn'ans. and d»*t.*i'ivin;i antl sedncin;; lioiicst and well ineanin;; citi/ens to en;4;a;re in their nnlawfnl enter pi'ises; or or;>'ain/,in;i^°, oliiciMin;;, and artnin;r tlienis<'lves for the same, •'••iitcary to the laws in siudi eases made and provided : 1 have tln'n'fort' 'lHiii|i,'lit lit to issue this niy proelanmtion, warnin;: and enjoining' all -!) A / .i it; 450 TKKATV Oh- WASIIIXOTOX — PAI'KRS AfCOMPAXYIXG fiiitJifnl citi/.i'iis. wlio liave 1>«'at(* in tlie said iinlawlnl ciitorprist'S, to uitlidiitw t'loni till' sainc witliont delay; ami <-(Mnnianin<; to ]»uiiislinient all persons en;.:'a;;°ed or concerinMl in such t'liteiprises : in seizin;;' and detaining', sultject to ilie dispositimi nt the law, all arms, military stores, \cssels, or other means prov idctl m providing' for the same: and. in ^it'iieral, in pr«'ventiny' the caiiyiii^jun such c\|)edition or i'liteijnise l»y all the lawful means within their powci ; and I reipiir(>all ;;ooon«' at the city of Washin;;ton, the 1st day ot" SepteiiilHT. in the year of our Ltu'd isi."), and of llic Independence of the said riiiitd States ol Anieriea tin- lortieth. JAMKS MADUSON. J{y the I'n'SJdrnt : .Iamk.S .MoNI{()1:. Smrtdi-i/ oJ' Sfdii: I llj • Cin-iilar to the yorcrnois of Trinu'sstw, IjouiNi((n(t, .]fisHis.sippij (tmi Missouri Trrritorirs. DKI'AUTMKNT OK SlAli;, S('t>tnnl>i r !t. ISl."i. Sii; : It! the ahsem-e of the Secretary of State from the seat of (im- ernnient. I am chari^ed to ••ansmit to your e.\celleiic\ , as I have tin- liiuior of doin;;, the inclosed copy of a proclaiiiati(Hi ol" the I'residnit. referring to <'ertain unlawful preparations which arc^ said to he mi Iihii within the I'nited States, particulai ly in tln^ State of Louisiana, towiin! an eiiterpiix- ay;ainst the S|>anish dominions, waininy" the citizens of tlic I'nited States and other inhaliitants thereof a;j:ainst particip;itioii in them, and calling' upon all laithlul <-it i/>-iis and llie several aiitliiHitii^ of the country lV»r tiieir aid in the suppression of these }u'eparati(Uisaiiil designs. DANIEL 15JM:NT. Pi CirvHlar to thr tlistrirf ottorHti/s of Kctttuclqi, Tcintrssir, f^oinsianii. ,1/m * sippi, and Misnouri Ttrritorifs. DhI'AUTMKN'I- Ol' statk. ^ieptcmhcr l.'J, h^l'*- Sip, : In the ah.sonc«' of the Secretary of State from the seat of (yov- enum'ut, I am char;;ed to transmit to yon, as I ha\e the lionor of doni;'. the inclosed copy of a luochiiuutiou of the rresident of tliu L'uiUil IXG COl'NTKU CASK OF JlIK IMTKl) .STATKS. 451 [(' or coiisid. <> witlidrau WlliltSOCVci n^i'stlu'rciii. l'P«'l>V ('lljniii ' ii'atioii>aiiil ro r.KKNT. iltina. MiK"' TATK. ,• i;5, isi".. scat of (iov i(>r of atliolif •^li'.i<'''^t,v, with a view of pai ticularly calliiij;' your attention to ill,' siilijcct of it, and of invitiii;^' yoitr oHii-ial aid, as far as it may be iii'ccssarv, on the oi'ca.sioM. DANIKL in{KNT. l."i| * Mr. Did; tlistrlct dttornci/., to ^^r. Monvix; Scarta)'!/ o/' State. Nkw Ohleans, Man-It 1, ISKI. Sii; : Attt'inpts to violate the laws by littiii}; out and arming-, and by ;iiii;iiH'iitiii;i' the force of xcsscls, have no doubt been IVetpieiii ; Imt cer- i;iiii!y ill no instance successful, except where condncte(l under circum- >t;iiic('s of coiu'ealnieiit that tdnded diseovc''' and almost suspicion, »)r ulicrc carried on at some remote part of the oast beyond the reach of ilitcctioii or disco\er,\. in «'\ery instance where it was known that ilic.M' illci;t: and wImmi captures have been iiuule by vessels iliiis tittcit out and ariiu'd, or in which their forc«' was aiijunienti'd aiid ln'oiij,dit in. it has i»een restored to the orijL',i!ial Si»aiiish owners, mid ill some instances dama;;es awarded a;:aiiist the <'aptors. An eiiiiiiieratioii of the cases in which imUviduals have been ])roso- eiited foi' inlriii;.;iii;;, or attemptiii;n' to infi iiijLic, oni' neutrality in aid |i) «d the ,!;-overniiients of New *Spaiii. and in which vessids hav«' been sei/e assertions of the iiiiiiistei' of Spain on this head. The iiaiiies of individuals prosecuted in the district court of the I'liited >tates lor tlie liOiiisiaiia distri<'l diirin;j the year ISla, for violatiii;;', or Mtteiiiiitiiin; to \ inlate. the neiitralit\ of the United States in aid of the :"veriiiiieiils ot' the I'liited IM'oviiKu-s of New ( Iranada. and of the riiited ''mviiiees id' .Mexico; ,b»sc Alvair.N Toh'do, .liilius Ceasar Ainipuie, Viiieeiit (•aiiibie, .lolin IJobinson. Ivomaiii \'eiy. IMerre Lameson, l>er- mii'd I'xtiirtlen. hist of vessels lil»(d«'d foi illejial oiitlits of tie' same ;;'o\eriiments diir- ii;' tile >aiiu pel iod : \U'\on the j;round that theeaji- miiifr vessels had been litted out and armed, oi had tlieir force suij;;- ii'iited \Mtliiii the waters of the I'liiti'd Slates: i. 'N lnHnier (Joineta, restored April, 1S1.>. il rf<^ 4:)2 TKKATY OF WASHIX(;TOX — PAPKRS ArrOMPAXYINc; l:f I IP 11 fh PI: f i ; : t .- m. n 1 L'. SrliooiHT Donulii, pnu'ccds restored 10th May, 1815, $;j,Or)0. .{. Scliooiu'V Amiable Maria, .'?.'{,S."»(>. 4. ScliooiM'i' Kx|)«'riiiu'iif(), rcstort'd .'{(1 Aii<;nst. 5. Tilt' pohn'ir liriji Dt* Kc^la and carj;:*), proceeds restored jsth i),.. eeiiiber. ISI j, s|!>.LMU>.:»(>. (!. Schooner Ah'ita and c;irf;o, heiny the |»ro<'«'eds of tlie ciiptniv m alioiit ci;;hte»'n small vessels, restored ISth Decemliei', iSl."), "^(iLMrdMi:, I >iima;^«'s awarded to the orij^inal owners ii>;ainst the <;apt(us in tli,. two loreyoinj;- i-ases, >i.V»,l'7l'.1K(. 7. Car^iool' the st-hoonei- Petit Melan, restored 1st l"Vl»riiarv, IMi; jiiMlt.;?]. s, Tai'^i'o of the schooner rresident*', restoi'cd Isl l'\'l»riiarv. iSlii, ^i(»,j».w.ir». 1>, Scho(»n«'r Santo Ivitor and car;;(», restored 1st Fehrnarv, isiii *;{T,lMJi'.!lt. Tlu' pi'ccedin^^acconnt of Spanish pioperty restored to tlie oil;-! flS] nal pi'oprielors, altei* lieinjf in the possessi«>n *of the enemies ni Spain, is defeetiNc. inasmneh as it «loes not compr«'hend I lie wlmlr of the cases oi' rest«tration that liavc tak«'n place witliin the pciind tn which the (h'tail is conlined. The very hasty manner in which I Inivr niad«' this conimnnication did n(»t admit of a more accurate statciiitiii. The principal cases, however, are included in it. In sevcial other <'as»'s wlieic the property was clainu'd for the orii:i nal Siianish owners, the claims were dismissed, because it did not iip ]iear that any violation of (uir neutrality had titken place. The cnptiii in;: \«'ssels were not armed, nor was their lorce anj^inentcd witiiiii dii! jniisdiction, nor had the captures been made Avithin a inarim' lcii;:ii)' n; our shoi-c. The principles that yiiided the decisions «>f the comr.ih well in rest(uin;i' the property captured whei-e our neutral mciuis lunl been iisetl, as in (leclinin;;' all interfen'neo wiu're that was not tlic (;iisc, manifest, I tiiiidx, a disposition to, and an exercise of, the most ri;:iil neutrality iM'tween the pai'ties. If the whoh' ol" this letter is not an act of sui»erero;;ation, toducll lon^icr upon those parts of the coi'respondcnce of the Chevalier dc Oiii'- whii'li lelate to Louisiana would at least be .so considered. I have the honoi' to be, «.S:c., JOHN DM'K. Hon. .Iamks MoNRoi',. [1!>J *.l/*-. Minitoc, Strrctayy of State, to Mr. Divk, ilixtrict (iHorncii. DEPAKTMKNT Ol" Statk, Jiiiir 7, isni. Snf : I have tin' honor to acknowled^ic the receipt of .\our \ci\ iiittr estin^i lettei' (»f the 1st o[' .Marrli. Although I \sassatisllcd llic rt'|in' .sentations made to the l'lie\alier tie ()ni.>. on wiiich Ik' foundnl iiiscoiii juunications (o me, were yii-atly exa;:;;er5«tiMl oi e.itirely ;;rtnuHllr>^ yet I am paiticulaily ;;ralitWtl in lia\ in;; received t)»i< letter, i>c(;nisi' i; abiimlantly establisiies tl;«' tact that a!l tiie cons; .uted autlnirili<"< 'H New Orleans had done ad tir-.it the lav^ re«pii -^i nt their liantls. I have the hon<»r to 1h', &c., JAMliS M()NU<»i;. Joitx DiCK, Ks«||., AVwr Orlcaus, Lonininna. COl'XTKK CASK OF THK IXITKI) STATES. 453 Ik' rji|i{niv(.i ;apt»»is ill till' Mr. McCiiUoch, rollirtor, to SaHhuj Mnntir Dnrseii, Unitvil Stat<'s Xart/. CusToM-llorsK, r.Ai/rnioK'H, Collrctor's Offiir, .hnie L'.l. 1S1(». Sir: In onnsccinonco of insfriictions iMMvtofoic yivcii from th<' j(i| I)('i)aitm('iit *of \\'ar ami tin* NaAy, I liavr cuIUmI on ilic military iiixl naval rommantit-rs at this station to fmnisli w siifliciciit fortM' to snppn'sx an ilicji'al cntfiiMisc, partly i'ntcn'd n)>on alicady, ami now nrcpariii;;' to Im' rtMU'wrd with iiicrcastMl lorccs. Tlu^ laws aic violat«'ods, and merehandist^ found on board, or any other vessel acliii!;,' or used as a cons(Hl stoieship or receivinji" vessel, unless •.lie is found to be already in tlu' hands of the (lovernmeiil l>y any of iMilliccrs, when you will please to allbrd any assistance in Ncuir power to secure ami defend her thus, (U- to transport her to a place ol' safety. I wish you. sir. a pleasant time and s|ieeISCv» l>()KSHV, Hsip, /;/ Cinnimtnil Cniteil States ScliDoncr A ,]. Ji. M(('i;ll()("ii. .sp. ' -c of her destination, or with a kliiiwlctluc of the piiipose Ibi' which she was litte«' iliscloscd wliicli may lca«l t« a proscculioii \u-iv. I am, very n'S|M'ctriilly, your olxMliciit siTvant, Jas. H. .M('(Jullo('II, Es<(., lUdtimorc. KMAS (ILKNN. •i Ml'. Monroe, Secretari/ of >V^J *Snj : The miiiisfcr of Spain hasst^itrd to this Dcpartiiicnt tliiit the vessels of w liicii a memoiaiMliim is iiielosed liave been littcil nut and armed in ilie port of lialtimore, liy a <-ompaiiy of iiicicliiints residinji' in (lie difVeii'iit ports of tlie I'nited Statt's. and tliat these vcs ,s«'ls are to <'iiiise olV tlie port ol Cadiz, under tiie liain' of llnemts Ayivs. tor tlu' purpose of <'apturin<;-.tlie vessels l>eIoii;;inin- to the siilijeets (if His (.'atholie Majesty, As it is e(pially contrary to our own laws, and tlic paeitie relations hetweeii tliis t'ountry and Spain, that any such aniui;;v- ment shonhl taki* phie<' in onr ports, I i>ersna(h' myself that tlie icp resentations made to the Spanish minister are nnfoiimh'd. It is ikmcs sary, however, that an inquiry should he made into the facts eoniiccMil with the equipment and de]>arture of thesi' vessels, if any such hiivc recently departed from the port of I'.altinioi'e. I have, t lu'refeic, \u recpiest that you will (raiisniitto this Department, at as early a pcridil as circumstances will permit, all the information which the recuids y coniinii nicatin<4' them in such way as you may deem proper. I am siitislicd that no violation of our laws has been permitted by you, but as i; i> possilile that these vessels may have enlarjii'd their <'rews, or fiiriiislKMJ tlu'iiiselves with arms alter they have .yoneoiit of your distiict. 1 [2l\ should bi' ylad *to know it, if the fai-t is so, as in that <'ase addi ti(Ui..l pi« ••autioiiary measures may be deemed lu'cessary hy tln' rresideiit topvevcnl like occurrences in tiituve. it is essiMitiiil tn tin' reputation of our country, as widl as to its policy, that, so loiijn as juofess to lie neulial ill the colli ro\ el sy bet weeii Spain and her cnleiiii' all proper measures should br taken elVectually to presciNC niir iic tralitv. •TAMES MOXKOi:. we II- Mr. McCiiIlocIi, colhrtor, to Mr. Monroe, Seeretorif of tStatc. C'l STOM H(»i SK, Uaf.timouf, i'ollettor's ({(tire, Juli/ 'S.\, ISIO. SiU : I should !ia\e aunwi'ivd your h'tter of the I'Jth instant \est<'r day, when recidvcd, but an intlux of busines.s haviiiy occurred at the moment, it wasbmicd iuadveKeiHly under accumuhded papers not iciid by nie befor*' this inorniny. With respect to one of the vessels mentioned in the list, as stated by the Spanish minis!. ,. to have ln'cn ilh'^ially armed here, there e\i?rar('li,aiMl oti till' IStli ot" Apiil liist, l».v l»ills of sal<' *A' tliosc (lal<'s from the owiicis st'|»arat('Iy as appears. SIk »v;is cleared on the lOtli ol" April. uikUt temiiorar.v register, as owned by Thomas Taylor, who made the jril iisnal oath of his heiiij; a eitizen of \Vilmiiij«ton. Delaware, for*a v<»yaj,fe to linenos Ayres, and no cause of siispieion appealed nor wMsaiiy armament known to be added to her at this port. On theL'lth iiltiiiiii. the eollectoi' of Havre de (Iraee v;\\uo |>nrposely from that pla^-e titcxIiilMt certain pa|M>rs accidentally thrown into his liands, which dis- (•((vcrcd that the destination of this vi'ssel had been altered, and her cliariK'ter chanijcd after herde)>artnre fiom I>altimor«'; that foreij;ii colors liad lit'cn hoistetl and depredations committed upon Spaiiisli vessels by lit r (Miiamantler and crew; and that the crew had mutinied, displaced tli('Cii|»tain, and sent him with «>theis on board vessels tlieyhad spoken. Tlic schooner was then brou;;ht back to the < 'hesapeake, and the crew al)aii(l(incd her and separated, havin;;' lirst divided the property found (111 luiard. Immediate measuics were taken to procure a vessel, and to xi/.c the schooner wherever she could be found, and as we wj're entirely (Itstitatc of any force here thatcould be commanded by theonicers of the nistoiiis. application was made to the commander on the navnl station licit' for an armed v«'ssel that mi;^ht be dispatched on the business, lie was absent in the country, ami no answer was received until the next (lay. In the interim, the otlicci- who hail chai'.ueof the navy yard applied liiiiisi'lf to pi'cpai't^ the rnited States schooner Asp. which was heir as a r('C('ivin;i-vessi>l, with a very few men, and wiiolly disanncd. and Ity the cxertiiuisof sailing master Dorsey, the vessel tocdc in stor«'s L'llj ami j^nns during' the nij^ht and wat> ready as soon *as the «uder came from Captain Speiice It) proceed next day. I h id also ap- plied to Colonel Armistiad for a detachment of tioops to slrenj^tln n the <\|ii'(litioii. which was readily granted nndei- a commissioned (•llicer and tlie Asp sailed immediately with insinietitins from this olliec t o M'izc and briujLi to this poi't for examination the schoonci- iJomp. a any vessels found carryinj;' men, stores, (S:e., (U- appearing; as attacdied t Mild ciiiisorteil with her, unless found to be already in the hands (»|'( lov- "'iiiiiiciii, in whi(di case they would alVord evi'ry assistam-e to seciiie. di'lciid, and ti'ansport her to a place of safety. This was «|oiie under an a|i|tit'lieiisioii that a number of men had been eiinau d to replace her Idniicr crew, c^c. i'.efore the Asp could arrive, the Komp had been M'l/.cd Itythe collector of York, ami thus it appears that three ollieers of tlic I'liitcd States, from dilfereiit situations, have e\eiled themseives to siipiiress the atti'inpt upon the first information, as a violatiiui oi' the laws and in (tpposition to the will of (Joxcrnmciil. The schooner Terry is unknown tons, unless a vessel behm^iiii'; to the • astwiird is intend«'d, which entered and o!S(^ of attacking; tlio vt'ss«'l>s cniisinj; ayainst tlir SpiiiiiaKls in that qnaitiM'. Tliiis, sir, of tli(^ live vessels .statod to bo titti'U hore for Imstiliiy ayainst S|>ain,on»' appeals ncvt'r to liavr l)«'i'n lu'iv ; one is yt't iinciiar^fcil Nvitii any oll«'ns»', and pcrliaps n«ivi'r will ln\ under tlu' present owner; one lias lie<'n sei/ed, and every nu'asnre taken to vindieate llic jus tieeof tlu' country, and two have been sohl to tho very goveiniiiciii vhieli eoni]>lains of them in antieipation. I am, sir, witii greiit respect, vour ol)edieiit servant, J. II. .Mcculloch. .Ias. MoMtOK, Hsip ^f^•. Mumoc, Sfcretari/ of kSlatc, to (listrirt aftonwi/Jhr yinjinln. J)i:i'AUTMKNT or Stati;, f/«/// l'(), l^iti. [l-'S] *S!U: Voiirletterof the 11th of this month rehitive t(» theciiscni the Jiomp lias been received. The Attoineydeiieiid thiiilvs tlm! it would be a proper step to set on foot a prosecution against fiioiiiiis Taylor, without delay, who, there is reason to think, may now he ruiiiiil within the district of .Maryland. To this elfect, you will be plcMstd t,i liansmit under «rover to this Department, as soon as you convtMiiciiily can, all the papers and documents in your |)ossession, or witiiiii yniii reach, which bear upon his ^nilt. iShoiiId the att<'inpt to iuicst liim succeed, you will be duly informeil of the time of his trial, when it mii\ bcj'ome iM'cessary to have the witnesses also orden'il on to the \>\-mx where it will be held. The proofs which you may forward will he it ]»laced at the proi)er s«>ason in your hands, so as to subserve the piii'iuiso of trial in both districts. It is thou<>ht desirabh> tlu; one a^iiiii>t Thomas Taylor should, if practicable, be broujjiht in tirst. \ have the lioiior to be, «S:e., JAMKS MONKOK. %.\^ I fnvloxed rvmarUs of the Attorneii-ih'm'ral in the rase of the liouij).] I think it W(Uihl be by all means proper to order a prosecution a,u;iiii>i Ta,\lor. It is ••lear that this may be done in pursuance of the ci;;litli .section of the act of (.'oii;;ress of April.'UJ, 17!»0, (vol. i. p. l(ll>,) wliicli allows th(^ trial in cases like the present to br either in llic [29] *district where tlui olb'iider may lirst be broii^^ht, or in tliat wlier*' he may be apprehended. I am alsodisposed to think that it would be a judiciiuis measure lo tn Taylor lirst, provide(| it can be done without too much delay to ilit'liial of the offenders already under bail or in ciislou.v in \'ir;.{iiiia. To tiiisclVtct the district attorney ol' Delaware should In; written t(», and if the cirtiiit court there will meet as soon as, or at no distant day alter, tlic liiii" lixed for the meeting- of that in \'ir;iinia, it would be well to order tin' evidence; deposited in N'iryinia to be transmitted to the DepMitniciit. that it may be sent on to Delaware. It wtuild be pnuh'iit to asnitaiii in the lirst iiistaiuie from the attorney of the latter place if Taylor i> ri^ally to be tbund there. Ill any event it will be proper that the collector of Havre de di ate COLNTKU CASK OF TlIK IMTEIJ STATES. 4.07 slionld be writtni sun! dirt'ctiMl to pn'seivr. as iiitimatcil by INIr. Wirt, the dociiiiu'iits tliiit liav«; tallcii into his hands, so as to he al>U' to obey iisiiiiiiiioiis tVoin whatcvt'i' ;;(>(l ilU'}4°al voya;;!' iiaviii;; iiati its iiM-«>)>tion at l>altiiMor<', I think it. also i»r()|K'i' that th(^ llnitrd Statos attornry in tliat «'ity shoiihl bo in- stnutcd U) institiit*^ «'v«'iy |>rartii*abh' iiKjiiiry on liis part with a view totlit' «l«'b'('tioii of tlu' olb'mlcrs. Ill r(';4'ar(i to the instructions to bi> sent out to Mr. Mitchell, thu ';{(il i'rcsidciit's intiination scums .siiUicicntlv •explicit. jiicnAifi) ursii. Wasiilnmj TON, July '21), l.SH». loll ii,u;illi>l I lie ciuhlli l(l(»,) whicli iicr ill llic or ill tliiii Mt: Moiu'oc, Scrretufy <>/ tShdc^ to Mr. Wirt, ilisfrict (illnnnjf. Dkpaktmknt ok Sta n;, Ainjiist 'J. ISKI. Sik: Voiir lctf«'r oI" llic .'{(Mil of last inontii lias in'cn received, with all tlic ii('coiiipaiiyiii;L;° papeis. It a|ipears tliat you have sent all witiiin voiir reach, or control, but it is t'eared that unless the ori;;inals can bei inncurcd, obstacles will be tliiown in the wa\ ot the prosecution a;4ainst Tiivlor. at italtiinore. it is still deemed most advisable that thedovern- iiiciit should direct proceedin^is a;;aiiist him lirst, l»eiii^' as tar as is yet kiiDWii the principal oit'eiider. 'I'o this end it is imagined that the iiii^iiiiil e.xaiiiinalioiis, subscribed by the witnesses and attested by tho iiiii;;istrate, must be lorward«'d, and if these cannot be reiiiovi'd iVoin tin; lilcs of (he clerk's ollice, where it is probable they may lie. the attorney (it'tlic (lovernmeiit at llaltiinore, it is appij-heiided, may expt'rience em- liariiissiiieiits, iinh-ss tin* witnesses themselves are made to app«'ar in iMTsoii. The oriiiinal cnsloiu house papers may be «lis|»eiised with, as tli('(()lle(;tor at lialtiinore could supply any det'ci^t that mi^^lit be alle<^-ed ill their autli<'ntilicali(m, but the letter of instructions from Taylor of tho llth of April, IS Hi, is an important document, the original of [.'51 1 which, it is thoujuiit, it W(udd be very dt'sirable to have, if its •trans- mission be luaetieable. The pajiers that yon sent are at any riitc. lor the present, returned, with a request that you will have; thei ;:ii(Mliiess to act upon the sujigi'stion of this letter, so far as you may liml it within your power. It' the original <'\aminat ions are not forwarded, ]>eilia])sif tho inclosed I'Diild he made to tak«> the shape of an exeuiplilication. under seal, they iiiijilii the better serve tin* purp(»se of incipient sti'psat JJaltiinore. I have the honor to be, »S;c .lAMHS MONKOK Mr. MvCiillocli, collector, to Ci(pta!n Spcnrc, UnHvil Stati's Xtiri/. CisTo^i IbasK. I'.ai/iimoim:, ('f>lln-tor'.s ({(Jirr, Ainjiisl W), lsl{\. 1^1 K : Information has Just been <;iven me, by the consul of Spain at tills port, that a Spanish vessel, captured in the West Indies by an Aiiicriciin <'iti/,en, as is supposed, au*' under South iViin'rican cohus, has Ix't'ii sent into our waters as a pi.. , and that measures are taken to .'*oii(l down vessels from this port to take out tlie cargo, equally against P' 1 458 TREATY OF WASMIXlJ T()\ PAI'KUS ACro.MI'AXYINCJ till* rivil ami rin'oiiiio laws, A iHM-rssity tIn*n»fon' arises fo roipn'st your aid and cd (>|M'i-ati(iii h.v lui'iiisliiii;j:niM' ot the vcssfls of tlic C^iiitcd States, siiDiricntl.v armed and maiim-d. to itrorccd to tlif river I'alnxent, wImmi- the vessel al)ove metdioned is stated to Ue at prevnt, tor the |tin|n>.st' ol Hei/ln;; and eontluctiiifjc hertt) tins port, tiiat justii-e may in' doMfiiccunl in;; to the hiws mil th(> ei|nitalile intenti (;onrteons. lint lirm; cool, bnt determined; and mn»'h smtcess atteml this and all yonr attempts. .1. II. MoCULLOCH. Stki'1[i:n White. Mr. Chacon, Simnish coimul, to Mr. MvCullovh, collector. CoNsii.ATK OF Spain, Jiiiltintnn., Aw//M." interest of tli«' siilijecis olinv nation. Iliavejiist ;;ot intorniat ion that Captain Honitace Ueviihi,ot i he Spanish stimoner K«'li\ Cnltana, \vhi«'li cleartMl lately at yonr olliee lor Saint Martha, is secret l> aiinin;; sai«l schooner with ;;nns ami aaininnitions, :iiiil is reernilin;^' a ci«'w here t'oi the pnrpose of crnisin^ aL;ains| the Spanish v«'ssels, nnr\s <>fm\ Aii;iiisf 'JJ, ISKi. SiK: In |)ursuanc«' of the iect reported as rc(piired heretofore, and nf yunr authority in the case, 1 have purchased a vessel foi' the livcr siTvice of altout tliirty-ci;;lit tons imrden, to which Captain Stephen White has been appointed commander, |M'ovisioually, and (jualilicd as iiispcrtor of the reveinu' for the purpose. There appcarcil a sudden (icnision to employ the vessel, in cttnscqucnce of an application from till- Spanish consul statin^' that a hri^' captured fiom a Spjinish sul>jcct liy a vessel eomniandcd by an Anu'rican citi/.eii, that had not ioiiin ayo liepartcd from this port, had been sent into the I'atuxcnl Itixer, and was then lyinj; there, deserted by the crew who had brouuht her in. and was ill daii;;('r of beinxpense as to men and stores, but it remains to tit her further on her return lor ] "'M.-. Glenn, district attornei/, to ^fr. Monroe, Secretary of State. liALTIMOHK, AuffUst 2(i, ISKIi '•IR: (^wlny to my absence from tliis city I did not receive y»Mir letter until this morniny. IMAGE EVALUATION TEST TARGET (MT-3) a I. I.I 1.25 IMIM 112.5 «^^ IM IIIIZ2 u IM '■ m III 2.0 1.8 1.4 III 1.6 K v: . :<^ f t. I w w 460 TREATY OF WASHINGTON PAPERS ACCOMPANYING A proHeeiition sliall be imnieiliately instituted agcainst Thomas Taylor. and if he can be found you sliall be informed of the course the business takes. I shall proceed against him both for piracy and a misdenicaiior. I have the honor to be, most respectfully, your obedient servant, ELIAS GLENX. [f ! «^ Mr. Monroe^ Secretary of State, to Mr. Blake, collector. Department of State, August 27, 181G. Sir : By the deposition of William Atkins, who was one of the ])rize crew of the Spanish brig St. Joseph, captured by the arnu^d vessel Eonip, from Baltimore, taken before and certified by William VVetniore, commissioner, appointed by the district court of the United States for Massachusetts, on the 11th of July last, it appears that property bcloii"-- ing to Si)anish subjects, and captured with the first-mentioned vessel, was seized some time ago by the ollicers of the customs at Gloucester, Massachusetts, after having been smuggled ashore at Sandy Bay, [30] by the assistance and through *the instrumentality of some flsh- ermen in that neighborhood. The minister plenipotentiary of His Catholic Majesty having made a representation of the above-men- tioned circumstances to this Department, and communicated a copy of the dei)osition referred to, 1 have informed him that you would be in- structed to adopt all proper measures to ])romote the restoration of the goods to the parties entitled to them, which you will please, therefore, to do, and to keei) this Department informed of the steps vou take. JAMES MONKOE. Mr. Loicry, surveyor, to Mr. McCuUoch, collector. Surveyor's Office, August 28, 1816. Sir: Agreeably to your instructions of this date, I have made the necessary investigation of the armament of the ship Caledonia, now at anchor below the White Rocks. The number of cases of arms lauded from on board that vessel the — instant, say ninety-nine cases, remaining in Major Jackson's ware- house — six of her guns, 9-i)ounders, are upon said Jackson's wharves. Her gun[>owder remains in the powder-magazine. A considerable number of passengers are supposed to be on board. No warlike [37] * preparations appear to be made since she discharged her mili- tary cargo. The schooner Felix (Spanish) sailed without any military prepara- tions whatever. It is resi»ectfully suggested that the cutter may be sent to observe what may be taken on board where she now lays. It is said the Caledonia settled two feet deeper in the water previous to sailing, but this is merely hearsay. I am, &c., WM. LOWRY, Surveyor of the Fort of Baltimt'c J. H. McCuLLOCH, Esq., Collector. COUNTER CASE OF THE UNITED STATES. 4G1 Mr. McCuUoch, collector, to Mr. Monroe, Secretary of State. Custom House, Baltdiore, Collector's Office, Aufjuxt 20. 1S16. Siii: The owner of the schooner Komp, seized in York River, Iiaa been here once and again, but no process liad issued against hiui for want of sntticient evidence. Tliat lias now aj)j)eared as far as to obtain wtuTants of arrest, and a writ is in the hands of th(^ marslial, if it can be served. A Spanish brig arrived hitely in Patnxent Jviver, reported to be a prize to a cruiser bek)ngiiig to IJnenos Ayres. The pri- [38] vateer is said to be a vessel that went from *here and was sold at Port an Prince. Iler commander is said to be Captain Almeda, who was heretofore a citizen of tiiis place; not long ago taken by the Spaniards, at Carthagena, on a trading- voyage. The prize crew, who bad been ordered to Buenos Ayres, brought tlio vessel here and aban- doned her. Upon information of the Spanish consul, a vessel was im- mediately fitted, nninned, and sent to bring her to this port for exam- ination, bnt she had been previously taken possession of by the col- lector of Nottingham. It is now reported, bnt not yet ascertained, that she is coming to this ])lace, which is at the order of that collector, who has some of the men sent from here, on board of her. Upon stich view asl am able to give at present, and which is here submitted, the in- structions that may be thought necessary for my government will be gladly received, but I cannot restrain a complaint on the ditlicnlt, harassing, and responsible duties that are thus hlid ui)on a collector of the customs, and which bear little analogy to his object and his char- acter. I am, sir, J. E. Mcculloch. James Monroe, Esq. t vessel the kson's ware- I's wharves. [39] *Mr. Glenn, district attorney, to Mr. Chacon, Spanish consul. Baltimore, September 4, 181G. Sir : I have received your letter of the 3Lst ultimo, accompanied by a copy of a letter from Colonels Donde and Papamontes, to his excel- lency the Spanish minister, the originals purporting to bear date at New York the 28th ultimo. I have also to acknowledge the receipt of your two letters of yesterday, to all which I shall now proceed to rei)ly. In fact, I was about preparing an answer to your first communication at the very moment your second was handed to me. I tint! upon inspection of your last letter that yon have misconcjeived my power and authority, and in order to put you in possession of a cor- rect idea in that particular 1 must beg leave to suggest that my powers are merely legal and not political. I have already the power, when I am officially informed in a legal manner of any violation of the laws of the United States, to iustitut« a prosecution against the ott'enders and con- duct the same to a final issue, and I hoiie i shall always be ready and willing to go thus far on all proper occasions. [40] *lf any armaments be fitting out within the district of Mary- land for the purpose of cruising against the subjects of the King of Spain, it Is a breach of our laws, and the persons concerned therein are liable to punishment, but before I can tulce any legal steps in the affair yr 4G2 TREATY OF WASHINGTON PAPERS ACCOMPANYING r i the facts of the case must be siipi)orte(l by affidavit taken before somp jiuljce or Justice of the peace, and when that is (h>ne 1 will, without delay, proceed to call upon the oftenders to answer for a breach of our law's. If, therefore, you will be pleased to furnish me with the names of any witnesses who can ni.ake out the cavse which you have stated, [ will at once have them summoned, if within the reach of the process of our jud be necessary to stretch over to the Eastern Shore below Kent Island, to [45] look out for him, and perhaps at night to hoist a light *if nothing in your consideration forbids. If any other public vessel is met with, you may inform them of the object, and require their aid in itsattainment. If tlie cutter is not this side of Annapolis, or in sight, it will be proper to run into that port. Communicate with the collectoi- and Mr. Thomas H. Bowie there, confidentially. You can, without loss of time, then either proceed to look for the cutter or act for yourselves, as circum- stances prescribe, in performance of your duty as officers of the customs on shore or the water, observing all the cautions heretofore delivered on similar occasions, especially in cases of search or seizure in dwelling- houses. When you find the cutter you may transfer yourselves with the men under your command to tiiat vessel and dismiss the hired schooner, with information to this oftice. But if you are not required to continue there or the men are not wanted, they may return in her. If the business appears to require greater force, information must in- stantly be sent while Captain Beard watches the suspicious vessel. Endeavors will be used here to lis from on board a Jiiiciids Ayros privatoor schooner, whicli wasyostorday niorninjiilyin;;' at uiicIku botwoon Horn and SooU'y's Point ; that it has boon asoortainod tlint a fiirtlior the Senate and Hounv of liepn'.sentatiren of the United States : It is i'ouikI tliiit t!u' oxistiiis" laws Ikiivo not tlio i'llicacy lu'ccssiiry to ])icv('iit violations of the oblijjations of tlic IJiiitcd Stiitrs as a nation iirpt'iU'o nvard bcllijicrcnt i)arti('s, and otlicr iinlawlnl acts on the liiyii seas by ai .ncd vessels ('nnii>|)ed witliin the waters of the Ifnited States. With a view to maintain nioreett'ectnally tlu' respect due to the laws, to the character, and to the neutral and paeiti*; relations of the Tnited States, I reconinieiid to the consideration of Conyivss the expediency of such iiirtlier leyislativc [irovisions as nuiy be requisite for detainini;- vessels actually e(iuip])ed, or in a course of e(iuii)iueiit, with a warlike torco, within the jurisdiction of the United States, or, as the case may be, for obtaininj>- frgni the owners or comnuinders of such vessels ade- ([uate securities ajiainst the abuse of their aruuunent, with the exce[»- tioiis in such i)rovisions proper for the cases of merchant-vessels fur- nished with the defensive armaments usual on distant ami dan^erou> cxpoditions, ami of a private commerce in military stores permitted by our laws, and which the law of nations does not require the United States to prohibit. JAMES MADISON. BULLOCH. Mr. Monroe, Secretary of State, to Mr. MeCnUoch,coUcefor. Departjient of STAT]], fJanuarii .'>, 1817. oO] *SiR : There bein.ij some reason to believe that the schooner Mauf^ore, which arrived and reported lu>rself, on the l'8tji of last month, at your port as a South American cruiser, was originally fitted out for her cruise at I>altiuu)re, in violation of our laws, you are par- ticularly recjuested to put the attorney of the United States in posses- sion of all tlie testimony which you uuiy have or be able to obtain rela- tive to such a charf>e. It is not doubted that you will ciuise every step to he taken calculated to bring to light the real transaction in this case. so that whatever breach of the laws of the United States has taken |»liu'e may be forthwith punished. JAMES MONROE. Mr. Monroe, Secretary of State, to ^[r. Glenn, district attorney. Department of State, January 3, 1817. 8iR: There being good reason to suppose that the schooner Mangore, itllejfed to be a South American cruiser, which arrived at Baltimore on the 28tb of last month, was originally fitted out at that port, probably under some other name, with ? view to exercise belligerent acts upon the ocean, against nations with which we are at i)eace, you are liereby particularly requested to institute prosecutions against all parties now t«» be found, who may have bad any concern in such object so manifestly in contravention of the laws of the United States. The collector of •"*1] Baltimore will be *instructed to furnish you with all the evidence of which he is in possession, or which he can obtain, bearing upon this 30 A 4(;(; IFfEATY OF WASHINGTON I'APKKS A('('()\ri'AXYING -it I 1 ( Ml n i'liarj-o, aiMl it is not doubtod but tliat «!v<'ry projxM' stop will be tiikcu on your piiil, necessary to vin(li(!iite, as far as may be pra<'ti('al)le, llic ,u\. tlioritv of the laws. .ia:mks MONifoi:. Mr. MrCulloch, cnUrvtor, to Mr. (tloin. , 1817. Snj : In eotnplianee witli the request of the Secretary of State, I now connnunicate all the information possessed by this ottice respectin;,' the schooner .Alaiiyore, now lyinj;- in this port, of wliose chavactt'r in(|iiir\ has been made in tlie correspondence, of the I)e|)artmoiit on the .'iij instant. It had been stated in a letter from this office, tk«' .'JOth ultimo, tliat this vessel entered here on the 2Stli i)revious, under South Anicriciiii colors, coat ma nded by James Barnes, commissioiuMl from P.aenos Ayivs. and with letter of inaniue and reprisal against the snbjec'ts of Spjiin. Barnes was beibre that time a citizen of the Ignited States, nor has any proof of fornud expatriation been exhibited liere. JFe entered as in want of i)rovisi(»ns and in need of re[)airs, from sea, w'tli :i few ijoods Avhich he ))roi)osed to enter for tlie purj^ose of sale, i)robably to defniy expenses. The entry of the jjoods was not received, but an ex \'>2] amination was made for *the purpose of identifyin<>- the schoonci with one formerly belon.i>inj»" to this port called the Swift, and it ap pears by a report made to us this day that she is the same vessel. It is oidy in my i)ower to ar»iTKK (ASK or rHK I NI'IKI) sTATKS. 4(!7 Onis to your l)«'i);irtiii(Mit, s«'vei-iilly datod on the KHli, lUli.iiiioiij;lit for the purpose of eriiisin.^^' against the coin iiiiTce of Spain. If I shall he ahle to aetpiire such iidorination, innru (liiitc ste|>s shall he taken to put a stop to any fnrthei" proc«'ediiij>' on the part of the owner or aj^cnts of that vessel in their <'onteinplate(l view.v. 1 Iiad no personal knowled,i4'e of the illci^al proceed in,!L>s in the case, o* till' hri,i;' Fonrth of .July, nor was any information (toniiiinnicated to nic ii|M»ii that suhject; conse information apiinst her. The a;^'ents of the owncjs thereupon came forward before the district Jud^e and hied a claim tortile vessel, and denied in writinj^" that she was intended to W, usc«i ill any manner in violation of the laws of the rnited States. The ju«lji<' (l(M'i(lctl he would nor, upon my mere su<>f'estion in the libel in that lueliminary sta<;e of the cause, detain her, if the parlies claimin.i;' her would enter into a stipulation to answer to the (Jovernment for the amount of her appraised value in case she should hereafter be con- demned. This stipidation l)ein<>' entered into, she was, accordin.yly, de- iivcicd up to the (claimants. Tlu! cause will, howe\er, jn'occed to a (inal licarinm, when 1 hojie to have her condemned. So anxious have I shown iiiysolf on this occasion to pciish the offenders, that 1 drew up a state- iiit'iit in writiiifj", containinji' all the information possessed by the collect- or of the port of Baltimore upon the subject, and obtained his oath to the same; upon which statement a warrant of arrest issued against (Jaj»- taiii Hariies, the first ollicer of the schooner Mangore. The process was, without delay, placed in the hands of the marshal, with positive instruc tioiis to have the man arrested. This is all I can do in this alVair, and I will add that my <'onduct in this and all other cases of a similar iiatiue has met the entire approbation of Mr. Chacon, the Spanish con- sul, who is a most vij>ilant, active, and intelligent officer. AVithout MJ some fresh *charges against the 3Iangore, I cannot consider myself bound to institute new proceeaiiish Mil)j('('ts the t'a(!t is unkjiown to me. In answer to the third letter from tilt' Spanish minister, 1 state that, upon information given me by the >>pniiisli consul, 1 took with me to a judicial officer the men who were willing to give evidence against Cai)tain Chase and his lieutenants, and warrants of arrest were by that otlicer forthwith issued against these ••Ulcers, which warrants were placed in the hands of the marshal, the proper executive otii<;er in such cases. I have not yet been informed whether the marshal has arrested any of the persons named. In all these proceedings the Spanish consul will do me the justice to say I have nsed luy most zealous exertions to do his government every possible "Service within the scope of my power and authority. I have thus endeavored to give you an outline of the proceedings in tlie cases to which your letter refers, and you may rest well assured, as 4G8 TIJKATY or WASinXGTOX PATKK.^ ACCOMI'ANYIXG -n' :. lit If n it '^ I* Irir as my ollicinl interposition or coopiM.itioii cai) be properly used, jt slisill at all times be most (ilieerCiilIy atl'orded. Von ai«' well aware I cannot i)!(>eee(l to arrest ])ersons or propcit^ under the laws of onr conntry lor a Itreaeli of those laws, n|)on a mkic snjiju'stion alone, l»nt whenev«'r a. .snji{;'eslion shall be aiu'onipaiiltd |5(>J byanytliinii liUeprool', I will taki^ ^reat ph'asnr(! in *prose(iitiii^ the oltenders to pnnisliuienl, and their [U'operty to condemnaiitm in all proper eases. I have the honor to he. with very siiu;erc respect, your most obedient sei'vanl, ElAAH GLKNX. lion. Jami;s MoMjoH. Nnttmliti/ art of March ;'., 1.S17.— (3 U. S. ^Stiit. at Jjarffv, p. ;'.70.) ('UAi'TKii LVIII. — AX AC']' iiiiiic ciroctiially to ])r»'sprvc tho iiciitriil icl.itioiis ol' thi' I'uitcd States. He if oiachd hi/ the Soiatc and House of Representativeft of the I'liital States tf America in Conf/rcus asseinltied, That if any person shall, witiiiii the limits of the United States, tit out and arm, or attenjpt to tit oat and arm, or procure to be titted out ami armed, or shall knowin.niy be eon- (terned in the furnishin<>", fitting out, or arming" of any such ship or vessel, with intent that such ship or vessel shall be employed in tlie service of any foreign prince or state, or of any colony, district, or ])eople, to cruise or c«)mmit hostilities, or to aid or co-oi)erato in any warlike measure whatever. aj>'ainst the subjects, citizens, or jtropcity t)f any i)rince or state, or of any colony, district, or peojile with whom the United States are at i»eace, every such person so otfendinii sliall. upon conviction, be adjudjj;ed j:;'uilty of a hi or vessel, with her tackle, ap [57] parel, an«l furniture, tofj-ether with all materials, arms, *amn)inii tion and stores, which may have been procured for the buildinu jjud equipment thereof, shall be forfeited, one-half to the use of any per son who shall give information, and the other half to the use of the United States. Sec. 2. And he it further enacted, That the owners of all armed slii)»s sailing out of the ports of the United States, and owned wholly or in part by citizens thereof, shall enter into bond to the United States, with snllicient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armauient, that the said ship or vessel shall not be employed by such owners in cruising or counnitting hostilities, or in aiding or co-operating in any warlike measure, against the subjects, citizens, or property of any i)rince or state, or of any colony, district, or people with whom the United States are at peace. Sec. 3. And be it further enacted, That the collectors of the customs be, and they are hereby, respectively authorized aud required to detain any vessel manifestly built for warlike purposes, and about to depart from the United States, of which the cargo shall principally consist of arms and munitions of war, when the number of men shipped on board ¥ ',fl COITNTMU CASK OF TIIK I'MTHK STAIKS. 40!! (d'otlicr (nrciimstiMKU's sliiiU HMidcr it prohalilc tliat siicli vessel is in- tended to be empluyed by tlu^ (twiier oi' owners to eriiise or coiiimli liostilities upon the siihjec^s, eitizeiis. or property of any prin(te or stale, or of any colony, distiiet, or people witli wlioni tlie United States are at lieiieo, antil tin; decision of tlie President be liad tin-reiipon, or nntil tlie owner enters into bond and sureties to the Tnited Slates, piior to .■»,S| eleariiiin- out the same, *in donbh' the amount of ilie valiu' of tlie vessel and ear^-'o on board, including" her annaMient, that the said sliip or vessel shall n(»t be emi»loyed by the owner or owiums in cruising oicdiiiMiittin;;- hostilities, or in aiding' or eo operatinj;' in any warlike iiR'iisnre a;>'ainst tlu^ subi<'ets, eiti/ens, or propeity of any |)rin( e or stiite,(»r of any colony, district, or people with whom the I'nited States lire lit [leace. Silt'. 1 Awl hi: H further ciiacfrtl, That if any person shall, within the tcnitory or Jurisdiction of the L'nited States, ini-reasc or augment, or inoeiue to be increased or auf^mented, or shall be knowingly concerned ill iiiereasin;;' oi- au' at war witJi any forei,i>n i»riin!e or state, with whom the United States are at peace, by addiiif^' to the number or si/e (it the }«uns of such vessrds prepared for use or by the addition thereto III' any e(piipment solely applicabh' to war, every such i)eison so ort'eiidiiij;' shall, ni>on conviction, be a(liud. And he It further erud'teil, That this act shall continue ijO] *in force for the term of two years. Approved March o, 1817. I tk. " x; .1/r. Kitah^ Avtimj Seerctary of IState, to Mr. Glenn, district attornei/. ' J)ErAKT.MENT OF STATE, . March 18, 1817. Sir: I have the honor to send to yon herewith the TKKAIV or WAHIllMJ'I'ON I'aI'KKS A(('()MI'ANYIN(; Mr. Ji'itsli, ArliiDi Sccretartj <;/' N/^f/f, /o J/r. MrCnllorli. rullcctnr. Dki'Aktmkm' of Stati;, Mdirli L'l, 1S17. Sii: : ll.v a l«'lf«'i' ot'tliis diite the atldiin'.v «)rilM' riiitcd States \iHi\ has lit't'ii requested to luniisli every •inlbriMatioii in his powci rehitive to aUeyed outfits of several vessels at l{iilliiii(ne. 'Jh,. snl)je('t beiiiji (h'eiiied of iiii|iortaiM;e at this Department, I have to w (|uest tiiat ,von will he so ohli<;in^ as to anbr/ litiltiuiore. Mr, linsh. Act inn 'Vc/v/^07/ 0/ tSdttv, to Mr. Wirt, (listrict (iiUnnqi. DKrAUT.ArENT OF State, Manh L'S, ISIT. Siu: T have tlu^ honor to send yon the copy of a letter jnst writn-iiliy this Depjirtment to the collector of the >'nstoms at Norfolk, and to iv quest your advice and assistance in the matters referred to in that letter, should it be necessary, according' to the su{4j;'estion nnide by ^Ir. 3Ialloi'\. tlu^ collector. laciiAiH) ijusir, AftiiKj tSevntiiry nf StaU. William Wirt, IMatrict Attorney for Virginia. Mr. Kmh, Acting Secretary of State, to Mr. Mallory, collector. IJepatjtment of State, March L'S, 1S17. (JIJ Sir: It has been stated to this *I)epartnuMit that two armt'd vessels, one named the Iiule[>endence of the South, the other tiif Aitaveda, have lately arrived at Norfolk from voyages, in the course of which they have cruised against, and made cajituresof, vessels ori)n)|i erty belonj;in<;' to the subjects of the Kinf>' of S[)ain. You are recpiesteil to make stric-t inquiry into the jinuinds of tlr'seallepitions, and transmit such information as you may be able to obtain. It will endnace tin* lime and manner of tlu'ir arrival, theii- force, the tia}»' whic^h they bom. the port or place whence they last sailed, the entry, it" any, which tliey made, the car^o or articles on board of them, their motives for coniiiiu hi to i»ort, and, geiu'rally, such other facts and circumstances as iiiiiy tend to show their true character and objects. If there be any proof (it their having committed, or of their intending- to connnit, an infraction of any of the laws or treaties of the United States, you will cause prose cutions, subject to the advice of the attorney of tlie United States, to In- instituted against all parties concerned, or such other legal steps taken COUNTKK t'AMK or I'lIK IMTKD .STAl'K.S. 471 aM'Vt'iits may iiiiiUt' lu'ccssary siiul Justice n'(|iiii('. To tiirtlior this nid I incldsi^ .yoi! an iiutliciiticatrd copy oi an act of ( 'oii^iicss passed «ni tln' ,1(1 of tills iiKiiitli, (lest it iiia.N not before liav«' reaciietl you,) to jn«'serve more ell'ectually tiie neutial relations of the I'nited Slates in <'ase iiny ivcarrciicc t<» its provisions shtudd become necessary. KRMIAKI) IM Sll, ArtiiHj Strntttfjf of Stofr. ('{[.vs. K. MAM.OliY, C'olleclot; Nor/oUi. ;»;;] *Mr. li'ush, Act'nui Svn-vtttrn of Stutt,, to Mr. McCiillorli, aplhrtor. Dki'Aktmknt or Sia'I'k, Miurit LVS, 1817. Sill: It has been stated to this Department tliat'a vessel called the CiHifiiess (formerly, as is s;i id, the Orb) lias arrived at IJaltimore, liavinj; rt'tiniied from a v«)ya;;(', in the course of which it is alle(. or articles \ver«' on board of her wlnii she arriv«'d, wliciicc, as lai as can be known, they were obtained, :um) how they have lici'ii il'sposed of. If there be any sullicient [»roof that this vessel either has coiamittcd, or that slu^ intends to commit, a breach of any of the laws or treaties of the Unite«l States, you will advise with tln' district attorney, and cause prosecuticms to be forthwith instituted aji'ainsL all parties concerned, and such other steps taken, whether with a view to l>ii'veiit or i>unish otleiises, as Justice re«iuires, and the laws will sanc- tion. !(!.')| It has also been stated that a certain person, *known as Can- tain or Commodore Taylor, was some time ajio eiij>a{''ed in IJalti- more in litting out one or more vessels to cruise aj;ainst the <'ommerce of Spain, that they did in fact afterward so cruise, and have lately arrived at Nttrfolk, and that there is reason to think that Captain Taylor is now in IJaltimore. Should you be able to ascertain that there is any t'ouiKlation for this charj>e, you will be pleased to cause the law to be put ill force against him. KICILVriD KHSII, At'tiiiff ISticteta)!/ of iSfate. •lAMES H. McCllLLOCII, Collector of Customs, liaJtimon: Mr. Zamorano, iSpanish consuI, to Mr. McCulloch, collector. Consulat:^ op Spain, Baltimore, April 14, 1817. kSiR: Haviufj V)eeu informed that a corvette-built ship, intended as a privateer, has dropped dowu the river for the purpose of arming and 472 TKKATY OF WASHINGTON PAPERS ACCOMPANYING i'l [I in()(;('('(lin<>' to sc.i on a eviiiso in direct opposition to the aet of Conyross ol'tht'od .Mai(;li, ultimo, and tlio exi.stinjjf treaty with Spain, I take tlic lil)ert.v to notify you of this circuinstanee that measures may be taken to prevent their infraction. I have the lionor to be, respectfully, sir, vour most obedient servant. JOAQUIN ZAMOIIANO. James McCui.locii, Ksfj., Collccto): [04] *Mr. McCuUoch^ coUrctor, to Mr. Zamorano, Spaiilsh consul. CUSTOM-ITOUSK, I5ALTIMORE, CoUcctoy\s Office, April 11, 1817. Sir: If you can name the vessel and specify any cireumstMnce to warrant the i)roceeflin!f>', immediate attention will be paid to the object by pursuin<>' her course as far as possible. Allow me to say tliat if your note just received resjjects the ship Idas, .she was searched by me in consecpience of certain suspicions on Satur- day eveninjj, and was fouiu] without arms, annnunition, or any warlike e(piipment, and cleared in ballast coastwise. I am, sir, &c., J. It. MoCULLOCir. Don Joaquin Zamorano, (Jonaul of Spain. Mr. McCiilloch, collector, to Captain Beard. CusTOM-ITousE, Baltimore, Collector's Office, April 10, 1817. Sir : Information has been j:>iven me tlurt the ship Idas, Fisher master. which cleared heiu^e on the 12th instant, remains below the nioutli ot the river, and that her ollicers are in town procuring;" a numl)er of men to go down to lu'r. She is fitted for arminjij, but was examined before the clearaiKie and found to have no arms or ammunition on board, lunl suffered to proceed to Snow Hill, as you will see by her clearance. [05] If she has now arms or *ammunitio!i on board and an extra nam ber of men, y(ni will please to detain her and bi'Ing" her back, as she cleared in ballast for a ixu't in the bay. You can jud<»e by her liav inj>' on board additional articles, particularly guns, how far they aj)!)!^!!! to be aetinj>; fairly, of the contrary of which there is great suspicion. But if she appears as when cleared, lay by her and attend her till she goes into the district of her destination, and then inform the collector of Snow Hill as follows : The ship Idas is informed against here as going to the Taugiers to tit out for cruising. The names are spelled as they appear in a i)aper befor<' me, dement Cathet, master ; Daniel Armstrong, Pristed Davie.s, ofli cers : Henry Bunues, master of arms ; J. liover, Tlios. Wood, 1). Proxon. foremastmen. You will suffer no vessel to board her carrying guns or men, hut detain and bring them back. JAMES H. Mcculloch. Alexander Beard. COUNTER CASE OF THE UMTI'I) STATES. Mr. J. H. MeCuUoclt to Captain Heard. 473 Custo:m-TTou.se, Baltimore, Collector^ OJJicc, Mai/ 2, 1817. SiK : Information given to-dav states that a nnnjber of nej»roos, taken ,iii some nnknown vessel, have been hinded on tiie lowei- end ot" Kent Islaud, or in the bay in Talbot Connty, some of whom i\,re at present in llie possession or enijdoy of a Mr. iladdaway, in one or other of |C(>J these ])la(!es. It is not unlikely that ,i;o<)([s *of some sort are also landed in the same nninner, sapjmsed from the privateer Fourth of July, rejiorted to be in the Chesapeake. Yon will please to proceed iiii^iu'diately to as(M'rtaii the truth of these declarations, taking with you blank warrants of search, which will be furnished here if you are without them. T.e sure, in case of suflicient information beinj; j>iven you, to obtain warrants from a nnij^istrate, and seize the <;-oods or ne- groes so landed a<;ainst law and bring- them to this place for trial, unless iircuinstances require trial in the district 'where they may be taken, of which you nuiy be informed, if in the neighborhood of any judge of a court. It is likewise necessary to make incpiiry after the ])rivateer, bringing tlie persons or goods above nuMitioned, and if proof o:' her being landed hy her, or by a prize of her, can be obtained, it is necessary to detain and l)ring here that vessel or vessels, if your force is adeipiate. Appli- cation may be nuule to commander of the militia of the I'nited States lor assistance, if needed. iJut if resistance uneciual to your force be ottered, it v.'ill be proju'r to run to Norfolk and obtain the aid of any naval or military force tliere for the prir|)ose of overcoming any unlaw- ful oppositi(m. The re\enue-cutter of Norfolk, with you, maybr ilTJ enough, but you <'an better judge. It is *i>referal)le by a superior tbrce to awe into submission rather than by att('m]>ting seizure with a smaller force to occasion a conflict, even though you should think it probable it would end successfully. Circumsrances may, how- I'vor, even recpiire that to be hazanled, but then it must be gone through with a determination that will leave little to chance. Remonstrance and warning must be previously employed in the worst case sui)posed. Hastilv, vonrs, J. 11. Mcculloch. Cai»tain Alex. Deakd. Mr. McCullocli, collector^ to Captain Beard. Custo'm- 1 loisE. r> A r/rnior.E, CoU<'cfor'.s Office, June '21, 1819. Si^i : It is necessary that you seize innnediately and bring into ])ort tor trial the brig, (formerly the Paz,) now l*arriota,8J these vessels at anj- rate, and if resistance is ai)prehende(l, ♦call on the ofhcer of the Army, Navy, or militia of the Unitetl States. as has been already directed in such cases. You have the law on yom side, and must proceed decisively, fearing nothing, though acting with. prudence and moderation. A vessel of the United States Navy, it is expected, will be in readi- ness to join you in a day or two, as reciuisition has been made for that purpose. But do not wait unless deterred by a greater force and opixt sitiou. I am, liastily, vour obedient servant, JAMES II. Mcculloch. Captain Alexander Beard. Mr. Tngertioll, district attorney, to Mr. Adams, Sevretari/ of State. Philadelphia, yoremher 14, 1817. Sir : I have the honor to acknowledge the receipt of your lottti. dated the — instant, and will endeavor in the course of a day or two td report a statement of the circumstances of the arrest and detention oi the British otlicers now in conrtnement here. In the meanwhile 1 beg leave to lay before the Presivlent the inclosed copy of a note presented to me yesterday respecting the brig J'^lleu and her cargo, now under seizure. \ii\)\ Every measure being in proper train for *complying with the views of tli<^ Spanish minister, I respectfully submit to the Ties ident's cimside.ation and decision the propriety of releasing this vessel and cargo from seix.ure and further pi secution, on condition of a dis charge of the nuinil ions of war on board of her, and giving suflieieiit security that her future destination shall be according to law. I remain, &c., • C. J. INGEKSOLL. Mr. Adams, Sccrctari/ of Stati: Mr. Kemjuemt, ii]}anish consul, (f) to Mr, Ingcrsoll, district attorimj. riiiLADELPHiA, November l.'J, 1S17. Sir : T have the honor to inform you that I have received an otlieiid couununicatioji from his excellency J3on Louis de Onis, His Catholii Majesty's minister pleniiwtentiary and envoy extraordinary near the United States, relative to the proceedings instituted against the brij; Ellen and her cargo. As the information which gave rise to the i)rocee(l ings was derived through the medium of i)ersons conneitted with His Majesty's legation, the Chevalier de Onis has direc'ted me to state to you in his name that whenever the munitions of war are discharged from the vessel to which [ have referred, and sullicient secuiity is given that her future destination shall be conformable to law, and the ami 1 70] cable relations that happily *subsist between the United States and His Catholic Majesty, it will att'ord him great satisfaitiou that the COUNTER t'A.Si: OF THE INITED STATES. JLFLLOdl. 475 (twiiers should not be exposed to any further inconvenience. You will leadily perceive the reasons which intlaence his excellencjy on this occa- .siou, and that wliile, on tlie one hand, it is e(iually his iinrlination and duty to jruard a{»i»inst attempts alike injurious to the governnitMit of his sovereij^ii and the neutrality of the nation, near to wiiich he is accred- ited, he has no desire to cause inconvenience or loss to any individual, and least of all to the merchants of Philadelphia, who have, in {ieneral, scnipuiously abstained from these expeditions. You will be pleased to observe that this communication has no reference whatever US the olH- cers who are in custody for a violation of the laws of the L^nited States. 1 have the honor to remain, &c., B. XENGUEMT. Chaules Ingeksoll, Esq. Mr. Adams, Secretary of State, to Mr. IngersoU, district attorncij. Department of State, November — , 1817. Sir : Your letter of the 14tli of this month has been received, indos iiig the coi)y of one addressed to you in behalf of the Spanish minister wiiich states that as soon as the munitions of war are discliarned from the brij;- Ellen, iiovv under seizure at Philadelphia, and sutlicMent security i> given that her future destination shall oe conformable with law, tlu're will be no objection upon his part to the release of this vessel, an sanu' day, made allidavit I'l'tore a magistrate that the bri^- Ellen, laden with a j;reat ', tos^'ther with arms, a(;couterments, appointments and e(]uipments com{)lete for one or more reji'iments of cavalry, for the Involution a ry army in South America, had dropi)eddown tiu> river Dela- ware from the port of Philadelphia that day, for the i)urpose of sailing on the said warlike expedition ; that Colonel Needham, Captain Perkins, Captain Farrier, Captain Holland, Surgeon Fry, Li«Mitenant (leorge Stacoy, Lieutenant Kichard Stacey, Lieutenant Beaix, Lieutenant Web- •"^ter, and Lieuteiumt Clarkes were, either on board of the l^llen or at- tached to her, about to depart on the said warlike expedition ; that the J*aid persons had, within the limits of the United States, been knowingly ronceriied in the furnishing and fitting out the said brig Ellen, with intent to aid and co-operate in warlike measures, iu the service of cer- 47G TKKATY OF WASHINGTON PAPERS ACCOMPANYING t* ■» [72] tain foiei.nii states, colonies, and i)eoi>le, to wit, some *oi)e or mor.. of the nivolted colonies of Mexico or South America, ajiaiiist tlic subjects of a s{ate with whom ihe United States are at ])ea('e, to wit. Spain ; and that the said persons then held commissions Iroiii some f(U'ei},ni j^overnment or persons, for the purpose of enabliaj;- them to wimv war aj;ainst Spain, and that the said persons had, within the teiriloiy and Jurisdiction of the United States, been knowinjiiy concerned in adii- in- violated — 1. Th(; thiid section of the act of Congress, date LMtth of the mouth. The others enjoyed the legal opportunity of a full ex- amination of Mr. Williams, and also another witness against tlioiii. Mr. Peter Ilogau, anothei-of their military comrades, then for tlio lirsr time ap{)earing, with both of whom the ollicers were confronted in tln' magistrate's office during a thorough investigation of the causes of tlic prolete cavalry equi|niieut; that they continued, in the original organization of their expedition. united in a military band in this country, and this city, where thev were drilled every day, at the colonel's quarters, in military disciidine; that Colonel Needham had re-enlisted Mr. Hogan iu this country t« serve iu his regiment in South America; and that their passages woi'o all taken and paid for, or engaged to be paid for, on board of the bris Ellen, whos<' owners contracted to supply them with stores, and bad constructed temporary berths for their accommodation during the voy- COUNTER CASK OF THE I'MTED STATES. 477 uj>e; that the brij? Ellen was chviulostinely loaded with larye [751 quantities of j-nnpowder, muskets, pistols, *cannon-balls and shot, military elothinj]^, drums and trumpets, and with a dis- i.iiised manifest cleared out, ostensibly for fc^iirinani, but really for La riiiayra, should it be found in the possession of the revolutionists. It hut her appeared in evidence that, while on board of the Ameri- ciin vessel in which the accused came from Antwerp to New London, several of them, il" not all, had been {inilty o what our law di':iominates K'volt on the hiyh s(»as and conlinement of the master of the vessel in wliicli tliey were passcn;;ers. Tims, besides the three specific; charji'es disclosed by the atlidavit on wliicli their commitment was founded, it appeared that they were liable to indictment for — 1. A violation ofthe seconril, 17iM», entitled an "Act for the punishment of certain crimes against the L'uited iStates." ;;. A violation of the twelfth section of the last-mentioned act of Con- ,;;i'ess. After hearing all that could be said by eminent counsel in their ill] behalf, the court *pronoanced its opinion that there was cause for the commitment, and ordered the petitioners to be remanded to in'ison uidess they gave bail, each one in the sum of $.'),000, for appeai'- iiiice at the time of trial. Not having been able to attbrd this bail, as I snj)pose, they have since rt'inained in conHnement. Their treatment in custody and at all times ami in all things since their arrest, 1 have reason to believe has been iiiarkod by the liberality and indulgences which characterize the insti- iiitions and officers of this country to men in such situations, and, ad vcitiiig to the severe pecuniary penalties in addition to the personal puiiislnnents with which the different sections of the violated laws are armed against the misdemeanors in question, you will not fail to observe tliat the bail was lixed by the court at the most moderate amount. The President may rest assured, sir, that nothing has been or will be omitted to alleviate their predicament. Their custody is as liberal as is lompatible with their detention for trial. It happened quite unfortunately for them, as resj)ects the period ! T7J of their imprisonment, *that the grand Jury wasdiscduirged a da,v or two before the arrest of these persons, who would, other- wise, have t»een put on their trial immediately. But a si)ecial court ;tu that particular puri»ose has be<'n ordered for the 15th of December, instead of the '^^h of April, when the stated session will be hehl ; and 1 am informed tnat this unusual act of accommodation to prisoners has not been fouud consistent with the multifarh)us business of the court tor the last fifteen years, uor can it now be granted without both public mul private inconvenience. There are considerations of the gravest character connected with the l»i'oposed special session which may, perhaps, prevent its taking phuic. i'lie circuit Judge cannot attend it by reason of his indispensable engage- meuts elsewhere as a member of the supreme court, and it is ests to Iiiiii tlicsc anticipations, as animated on this as on all occasions, with the best dis position to administer justu;e with the mercy of promi)titude ; and lie will, no douht, undertake alone the laborious and responsible fiUKitioiis of the si)e('ial session, unless, iu his rleliberate Judgment, there should be satisfactiuy reasons for referring- this case, like all others that have been tried in this district for the last fifteen years, to the regular and stated session of the ccnut, constituted as heretofore. I have the honor to remain, sir, with great consideration, your obedi ent servant, C. ,\. INGEllSOLL. Hon. John Quinoy Adams, Secretary of the Jkpartment of /State. R"] ^[r. Adams, Secretary of State, to (listrief attorneys. [Ciicnhvr.] Department of State, December 13, 1817. Sir : 1 have to lecjuest you to transmit to this Department, at as early a day as you may lind con\ enient, a statement of every case in wliicli you lutve, since the last session of Congress, instituted a process beforf the courts of the United States, for the execution of the laws to enfonr a due observance of the neutral obligations of the United States in llic contest between Si)ain and the American Provinces, claimed by her as colonies; s[)ecifying those iu which ,>ouhavc i)roceeded in conseqiienci' of applications from the Spanish consuls, together with the decisions of the courts in the cases uiioii \vhich anv decision has been had. JOHN (^UlNCY ADAMJ-^. United States District Attorneys At Nen- Orleans, (feorffia, Charle.ston, Sonth Carolina, BaJtiinon. PUUadeliihia, ^eir YorK\ Hoston, I'ortsmouth, and Rhode Island. [SO I *Mr. Eohhins, district attorney, to Mr. Adams, Secretary of St'di- Neavport, Kiiode Island, District Attorney's Office, December 2:\, 1817. Sir : I have just received your letter of the loth instant, and hasten to communicate the inlornjation therein requested. In July last, a Spani.sh shij) called the St. Ivonuins, and prize to a Buenos Ayres privateer, was found within the waters of this district, at Block Island, disi)osing of her cargo by retail to the inhabitants of that island. The ship and cargo, so tar as the latter could be, were seiznl and carried first to tjie Connecticut district, and thence brought to tlii^? district, and have been libeled here as forfeited to the United Statet=. under tlie act entitled an act to regulate the collection of duties on m- ports and tonnage, passed the 2d March, 1798. COUNTER CASE OF THE INITED STATES. 47!> Mr. ^fjiLagambn, the Spanish consul, residing within this district, has ;ilsu Ibcled the same property on behalf of the orij^inal Spanish owners, and has filed a claim against the libel before nu'ntioned of the 1,S1| United States. 1 have also filed a*claini in behalf of the I7nite, an American registered vessel, with some armament and l.'{ men, cleared out from Ibistol, in this State, for the West Indies. Some days after, sh(^ being found hovering 1)11 the coast and augaienting her force, the colh'ctor of this port sent tiie revenue-cutter to seize and bring her in. Thes(^ orders were exe- cuted, and at the request of the collectoi- I libeled the vessel l>S2] as forfeited to the United States, under the*act entitled "An act more effectually to preserve the neutral relations of the United States," passed the 3d jMarch, 1817. This libel has been tried, and the lu'operty condemneeiuliiig by appeal in the circuit court, and stands for final trial at the term to be liolden the loth June next, which trial is to be final by agree- ment of the parties. I have also, at the request of the collector of this port, preferred an iiidictuient against Jones, owner and master of said schooner, under the last-mentioned act, which indictment h-is been found and con- tinned to the next June term of the circuit court. The Spanish consul has not moved at all in the business of this libel iir indictmiMit to my knowledge or belief. These cases embrace all the proceedings whi(;h have been had in this ilistriet since the last session of Congress, involving any question upon tlie hnvs made to preserve the neutral relations of the United States. With the most perfect esteem, I have the honor to be, your obedient servant, ASHEK KOBBINS. Hon. John Qutncy Adams, Secretary of State, UiV'ed Staten. ! ■.:? '4 il "^.'^l *Mr. Davic'fi, district attorney, to Mr. Adams, Secretary of State. SavinnAII, January 2, 1818. Sir : Since the last session of Congress I have, in two instances only, instituted process before the courts of the United States for the execu- tion of the laws to enforce a due observance of the neutral obligations ot the United States in the contest between Spain and tho American I'lovinces claimed by her as colonies. In both instances the vessels I'loceeded against were seized and detained by the United States brig '^aranac, and I acted on the information of her commander, Mr. H. I'lton, having in no instance bad any application made to me on thin •^iihject by a Spanish consul. 480 TREATY OF WASHINGTON PAPERS Af'COMPANYINC; Itfp.l Ills tf!i:li|| TIic first was tlie case of tlio soliooncr Iris. Tiiis vessel, it appeared, was f'ortnerly called the AstuUa, Hailinurchase by 'Slv. Duplessis, the vessel underwent some tvitting repairs and sailed from New Orleans, bound ostensibly for St. Clary's; but it was admitted by Mr. Dupdessis that his intention was to go to Amelia, if on his anivaloil that place it should have been found in the possession of the "])atriot.s." On the arrival of the vessel at the port of Funandisa, that place was in possession of (leneral McGregor, and she was taktain at the time they left New Orleans testitied on the trial that he had undei'stood from these four men that they held conunissions in the "patriot" service, and were going to Amelia to be employed. One of them acted as mate dnrini: the voyage, and one other testitied that before the vessel sailed it was agreed between Duplessis and himself that he should have the com- mand as soon as they were at sea; that he did ac«;ordingly take the command a short time after sailing; and that he would have taken the command at New Orleans, but, holding a commission in the patriot service and disclaiming to be an American citizen, he could not eleai the vessel. Tliis man also testified that it was understood between Duplessis and himself that he should become the purchaser of the ves set on her arrival at Amelia or St. Clary's, and Duplessis alleged in his answer that it was his intention to make sale of her on his arrival at either of these i)laces. The log-book was very imi)erfect, containiiifi the oceurrences of but a part of the voyage. On one day, according to the log-book, a vessel was discovered and all sail was made in [80] chase; this latter remark was obliterated, *and all the witnesses swore that no such circumstance occurred, but that, on the con- trary, they avoided all vessels that they could during the voyage. The libel against the vessel was founded upon the act of March, 1817. She was acquitted before the district court, but condemned before the cir cuit court. The other is the case of the Hornet. This vessel was formerly an American privateer called the Traveller. Some time in the course of the past year she was fitted and equipped as a privateer in the Delaware. COUNTER CASE OF THE UNITED STATES. 481 Her men, (according to the testimony,) together with her equipments, were sbipped and procured at Philadelphia, and sent down to the vessel in oyster-boats and other small craft. Four or five days alter sailing the name Traveller was obliterated and she assumed the name of Hornet and hoisted the colors of Sir George McGregor, and commenced her cruise. During the cruise the men mutinied, and, while in this state, the vessel was taken possession of by Captain Elton, on the St. Mary'a station, and sent in. There was a condemnation before the district court, and an appeal was taken to the circuit court, where it is still pending. [871 *Perhaps a particular statement of the facts in relation to these cases was not required from me, but being in doubt on this sub- ject I liave given them according to the best information which I have been enabled to acquire, from the testimony collected and ottered to theconits before which the cases have been heard. I am, yours, &c., &c., WILLIAM DAVIES. Hon. John Quincy Adams, Secretary of State. Mr. 2IcCuUoch, collector, to Captain Beard. CUSTOM-IIOUSE, liALTIMOllE, Collector's Ojjrwe, April 22, 181S. Sir: The brig you speak of as a Spanish vessel, prize to a Buenos Ayrean vessel of war, nuiy come up and enter as a merchantman, if in need of any supplies for the crew or repairs to enable the vessel to navi- gate safely, but an officer must be put on board to prevent ii'iy thing being landed until she is ready to depart from the United States. Au ins[)ector of the customs will peiform this duty, and go down for the purpose. JAMES IL jMcCULLOCH. Captain Alexander Beard. * United States Neutrality Act of April 20, 1818. [This act is already printed in the United States Documents, Vol. iv, p. 90.] Mr. Monroe, Secretary cf State, to Mr. Fish, district attorney. Department of State, July 20, 1818. Siu: The Chevalier de Onis has represented to this department that fhe owners of the American privateer, the True-Blooded Yankee, are fitting her out in New York to cruise off the harbor of Cadiz, in Spain, under the flag of the government of Buenos Ayres, with a view to the capture of the vessels of his sovereign and of the subjects of the Crown of Spain. You will lowe no time in setting on foot the necessary inquiry in relation to the facts alleged by the Chevalier de Onis, aiid In taking 31a 482 TIJEATY OF WASIflNOTON PAPERS ACCOMPANYING « ■■' r ' ■ '1 ii! '.] H; ■'t-r :i iii ■"., ,' til m the piopor mcasun's to frustrate the i>lan of the atl venturers, if his information is found to be eorrect. You will likewise in this case insti tute the iiroper legal remedies for the punishment of this violation ot the law, and make a statement to this JJepartment of the result of your juquiries and of the steps you shall have taken. JAMES MONIJOE. Jonathan Fish, Ksci. Mr. ]yirf, Attorney-General, to the President. Officj] of the Attokney'-Geneual OF THE United States, [80] ^ *Septemher 10, ISIS. Sill : The eause of the Corony, Captain Saunders, seized at Savamiali, on a eharjre of having been fitted out in a port of the United States to cruise against the King of Spain, with whom we are at peace, has been submitted by the Secretary of State for my opinion, and, in his absence, I take the liberty of communicating the opinion directly to you. Captain Saunders api)lies for an order to discharge his vessel from furtlier i)rosecution, on the ground that she is a legitimate armed ves- sel, lawfully sailing under the flag of tlie republic of Venezuela, and regularly commissioned by Admiral Brion. Although both the state- ment and the documents furnished by Captain Saunders are entirely ci parte, yet, from his own showing, I consider it a fair case for adjudica tion ; for in his letter to the Secretary of State he admits that the Corony is the same vessel which, on the Ist day of April last, cleared out from the custom-house at Savannah, with the munitions of war then on board with which she was apprehended ; and by reference to the manifest which he incloses in his letter in support, it is i)resuuied, oi" this assertion, it will be found that she then -,>ared out under the name of the FeJir, having on board three cases of muskets, two four-pound and two six-pound cannon with carriages, sixteen kegs of powder, [OOJ and no other cargo except *sea-store8; and he admits that, thus armed, she took a commission to cruise against the subjects of the King of Spain, and did sail upon such cruise. At this time the act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States, and the act passed the 3d of March, 1817, "more eflectually to preserve the neutral relations of the United States," were both in force, the provisions of which are familiar to you; and I, therefore, think it unnecessary to say more than that, in my- opinion, the case of the Corony is a lit case for adjudication, and by no means one which calls for tlie extraordinary interference of the Government. To enable you the more readily to test the accuracy of this opinion by the facts communicated by Captain Saunders, 1 inclose his letter to the Secretary of State, with the documents which that letter covered. I have the honor to be, &c., WM. WIKT. The President of the United States. COUNTER CASK OF THE UNITED STATES. 483 [IncloMnn'.] Captain Saxindcrn to Mr. Adamn, tStcntary of State. Savannah, July^ ISIS. tjiR: I i>ray you to lay bet'oro his Excellency tlie President of tlio United States the inclosed documents. I submit the ease of the [111] Colony to his consideration •under the belief that it is a i>roper subject f(U' the interposition of the Government, and that his cxcollciicj', under the representations made, will be pleased to direct t!io United States ollicer to release the vessel from the jjreseut arrest and process. The Corony is regularly commissioned, aiul has done no act since that period that cotdd upon any ground support a libel against her in an admiralty court of the United States, unless it is determined to (louht the authority to cruise uiuler the Hag and commission of Ven- ezuela. This vessel has sailed in company with the United States ves- sel, the Hornet, and until the seizure under the vague and unsupported allegation of being fitted out and armed within the limits of the United States, her flag and commission have been respected wherever she has been. A reference to the custom-house of this district will show that she was permitted to sail from this port with the munitions then on board ; that she had no guns mounted or was in a state or condition to comniit hostilities. She received her armament and commission at Margaritta, and sailed in the full conhdence (particularly as she bronglit (lispatclies from Captain Iteid to this Government) of not being molested ill the United States. The Corony is now in possession of the mar- shal, and with this expense is incurred the very serious one |1I2J *of supporting the crew until some decision is obtained from the court or the Gov ernment. There is no acting district judge, and eonsofpiently I am compelled to waic for the judgment of the court, which may not be expected before December, the period assigned for the session of the circuit court. Unless, then, it is in the power of the President to alford me the relief solicited, the vessel and her armament will be abandoned, and redress sought for against the arresting officer. [ have the honor to be, «Jfec., \VM. SAUNDERS. Hon. J. Q. Adams, tSccretary of State. Inclosures: Manifest of schooner Felix, (coi)y;) protest and allidavits of W. S., (copy;) comuiission and instructions of W. S., (copy.) '' fS m Mr. Wirt, Attorncy-Uvneral, to Mr. Glenn, district attorney. Washington, October 12, ISIS. Deaii Sir : I And on rny table this morning yours of the Dth instant. Whether I can take part in the prosecutions will depend on the case you siiall be able to make by your evidence. The Government is sin- cerely and earnestly desirous' to fulfill the pledge of neutrality as to the South American contest, which it has given to tbe world, and if [93] it shall appear that our citizens have interfered *in this contest in violation of existing laws, you may rely upon my professional assistance. But I must know what the proof will be before I can 484 TREATY OF WASHINGTON PAPERS ACCOMPANYING engage, and this same knowledge you will readily perceive is nece.saary before I can exproHs iiny opinion as to tlic mode of indicting. You will bo 80 good, therefore, as to furnish nie copies of any informa- tion you may receive which brings the case under either of the laws, in order that I may give you the aid you re(piire; and in the mean time it may not bo amiss to state to the Secretary of State your wish for my assistance. Yours, with groat resi)ect, «&c., W^r. WIRT, Attorney- (jcneral. Eli AS Glenn, Esq., Jtaltimorc. -il '- Mr'. Glenn, district attorney, to Mr. Adams, Secretary of State. BALTIMOUE, October, 1818. Sir: Warrants have been issued by the district judge of Maryland against several men of aoiue standing in society for having, in the year 181G, been concerned in fitting out a i)rivateer called the Fourth of July, alias the Fortuna, with intent to employ such vessel in the service of Buenos Ayies and of Artigas, to commit hostilities upon [94] *tlie subjects of the Kings of Spain and Portugal. Upon these warrants the piirties charged have been arrested and recognized to appear on the 7th of November next, when the subject will be pre- sented to the grand jury, when I presume inditttments will be found. Upon these indictments the parties charged will be tried. As the trial will involve many important questions, which will readily present tlunnselves to your mind, I take the liberty of asking the favor of you to permit me to employ Mv. Wirt to assist me in the prosecutions if he will consent to lend his aid. Will you be i)leased to communicate with the Attorney-General on this subject, and let me have the pleasure of hearing from you on this subject 1 I have the honor to be, &c., ELIAS GLENN. JonN Quincy Adams, Esq. ''^,^ •i- [95] *Mr. Su^i/f, Portuguese consul, to Mr. McCulloch, collector. Vice-Consulate of Portugal, Baltimore, October 29, 1818. Sir : I beg leave to call your attention to the affidavit that I have the honor to inclose. I would further inform you that from my own knowledge the commander of the armed brig alluded to arrived here this morning preparatory to his departure for a cruise on which I learn lie intends to proceed immediately, which is coutirmed by a communica- tion 1 have received from one of his oflicers. Under these circumstances I have to respectfully request you will, by virtue of the power invested in you, cause the said armed vessel to be detained forthwith, until at least the pleasure of the President of the United States can be known. 1 make this appeal iu great confidence, from my knowledge of your COUNTER CASK OF THE UNITED STATES. 485 disposition lor justice, and that witli every good citizen you will unite in nliowing your (lisjippmbation of acts tVaiij;ht with so much evil and injustice, wiiicli are mo likely to entail di.s;;race on our city, and to dia- tilrl) that tranquillity whi(!hour country now happily enjoys. I have the honor to assure you of the great respect and consideration with which I am, sir, yours, iS:(!., &c.j W. I{. SWIFT. James II. MnCuLLoriir, Esq., Collector of the Ctistoms, Jialthnore. [00] *IJALTniORE, HH : On this 29th day of October, 1818, ])eraonnlly appeared before me, the subscriber, a justice of the pea(;e for the county aforesaid, John M. (luss, who made oath on the Holy lOvaiigels of Almighty God that lie lins every reason to believe, and is confident in his own mind, that a certain brig or vessel formerly called the Iowa Lento, ami captured uniliT the I'ortuguese tlag by the private armed brig La Fortuna, under a connnission from Arti/as, is now titting or fitted in the Chesapeake Bay (and at present in or near l*atuxent) for the purpose of cruising against the commerce of nations in amity with the United States, and that part of said equipment has been furnished at or from the neighbor- hood of Baltimore. Sworn to before AUG. FISQUITH. [97 *Mr. McCulhch, collector, to Cnptain .icnril. Custom ITousR, Baltimore, Collector' H Offiec, October 21), 1818. 8nt: Inl'orniiition having becTi given to me that a certain brig or vessel formerly calledJolin Lunt, captured from the Portuguese by tli" (»riental brijj of war La Fortuna, is now arming and fitting for hostile purposes against nations in amity with the United States, at or near Patuxent Ivivcr in this bay, and is furnish(>d with part of her equipments from Baltimore, or sonn; placre near it, you will please to proceed with the ciitti'i- Active and examine tiie places in that quarter or elsewhere. And if such vessel so acting antl titting is found without legal entry and permit therefor, seize and bring her to this port for adjudication. It' in possession of any of the oltic.ers of the Unite(l States, your ob- ject is answered, and nothing will lemain but to give any assistance re- quired to secure the vessel. Your obedient servant, dAMES II. :mccullocii, Collector. Captain Alexander Beard. m [98] *Mr. Wirt, Attorney-General, to Mr, Glenn, district attorney. Department op Justice, Washington, November G, 1818. Dear Sir : I have been del.oerating as well as i could on the course «t prosecutiou which shall be adopted against the owners, captain, and "W 486 TRFATY OF WASHINGTON PAPERS ACCOMPANYING i# M crew of the Fourth of July, privateer, and accordiujf to the request contaiued in your first letter, will now give you my opinion on that course. First. I would indict the captain and crow. as pirates under the origi- nal act of Congress which defines ])iracy. The prisoners will defend themselves under the conimission of Artigas. I would object to that commission going before the jury as evidence, on the ground that it is not the commission of a soven ign recognized by our Government. In the case of the lloruss, in Itichmond, the chief justice decided that a maritime commission signed by the sovereign authority of the proving of La Plata furnished no justification to the crew of that vessel, because the court could not take notice of La Plata, as a sovereignty, until recog- nized by our Government, and, consequentlj', could not take notice of a commission purporting to be issued under the separate authority of that province. That in view of the court La Plata must be considered as a dependence of the Spanish Crown, until its separate exist- [99] eiice as a nation *had been acknowledged by the executive branch of the Government. In reply to this they will quote the decision of the Sui)reme Court in the case of Palmer, (2 Wheaton, 034-5,) and they will insist on the correspondence between Mr. Monroe, when Secretary of State, with Don Onis, as well as the President's message at the opening of the last ses- sion of Congress to prove the admission of the Government that the South American colonies are to be considered as in a state of civil war. On this limited recognition they will claim for Artigas the rights laid down in Palmer's case qtta stqyra, that is all the rights which tear author- ities, and they will insist, under that opinion, "That persons and vessels employed in the service of the self-created governments must be permit- ted to prove the fact of their being actually employed in such service, by the same testimony ; which would be suftlcient to prove that sm.!: vessel or person was employed in the service of an acknowledged .s7«/e." That although under that opinion " the seal of such uiuicknowledged government cannot be admitted to prove itself," yet that it nuiy be proved by such testimony as the nature of the case admits, and that "the fact that such vessel or person is so employed may be [lOOJ proved without *producing the seal." To this there are two answers : 1. That the correspoiulence with Don Onis and the message are not pointed at Artigas. They are to be considered in reference to the subject-matter which alluded to a complaint of the Spanish minister touching the admission of Buenos Ai/rcan privateers into our ports. The section of country which Artigas holds is claimed by Portugal. His war is with the King of Portugal. The system of colonial govern- ment adopted by the two monarchs is alleged to be very different — that of Spain oppressive to the colonists in an extreme degree ; that of Portu- gal comparatively liberal. According to the writers on the laws of imtions, the course which a neutral holds in such wars is often directed by its sense of the justice* of one side of the cause or the other, md according to this sense it relaxes at pleasure the rigor of its neutrality, still, however, keeping within the neutral pale. According to these writers, a recognition of the independence of a revolted colony by a neu- tral is no cause of war to the parent nation, provided the revolted col- only be in actual and exclusive possession of its territory and [101] government. According *to these principles our Government might recognize the government of Buenos Ayres without giving just cause of war to Spain ; but if the Bande Orieutale, as Portugal COUNTER CASK OF THE UNITED STATES. 487 15 contentls, is a separate tenitoiy belonging to a distinct sovereign, such recognition of Buenos Ayres would not extend to that, because the American Govern luent may perceive a justice in the one conflict which it does not in the other. On the same principle the recognition of a civil war in Buenos Ayres, a Spanish colony*, would not by any means carry along with it as a con- sequence the recognition of a civil war in a I'ortuguese colony. You will not understand rae as speaking in the name of the Govern- ment of the United States as to its seeing any difference in fact between the cases of Tuerrydon and Artigas. I have no authority for making any such declaration. 1 speak only of the inference of fact which may or may not be fairly deduced from the correspondence and message in question. Those who rely upon them as establishing the admission that civil war exists between Artigas and Portugal must show that admission in the face of those documents, and cannot, for the reasons I have given, infer, argumentatively, [102] by *reasoning from the one case to the other. If the prisoners fail in showing that our Government had ad- mitted the existence of a civil war between Artigas and Portugal, theu the principles laid down in Palmer's case, qua supra, can have no appli- cation to the case at bar, and this case will revert to the principles established by the Chief Justice in the case of the Itoruss. 2. But suppose it to be taken as admitted bj the Government that a civil war does exist between Artigas and Portugal, does it follow that the citizens of the United States may participate in that war? The Supreme Court have not so said. Palmer was not expressly in- dicted as a citizen of the United States, nor is the vessel charged as being United States property, and the principles laid down by the court are to be taken secundum rem judicata, and not to be extended to a dif- ferent case. If the Bande Orientalc is to be considered as part c the province of La Plata, and, consequently, as belonging to Spain, the foiirteenth arti- cle of our treaty with Spain makes the case at bar a case of i)iracy, (see that article ;) and whatever rights of war Artigas may have [103] on the ground of his being engaged *in a civil war, the citizens of the United States cannot mingle in that war on this hypothesis without being guilty of piracy. (See what Vattel says. Book .J, chap- ter 2, section 15, as to enlisting troops in a foreign nation.) As a branch of this opinion the owners, &c., ought to be indicted as accessories to the piracy under the ninth and tenth sections of the act of 1790, "An act for the punishment of certain crimes against the United States." I would indict them under the act of 1704, "An act in addition to the act for the punishment of certain crimes against the United States," laying a separate count under every section where the facts will warrant it. The defense liere will be that Artigas is neither a for- eign prince, nor his province a state, according to the decision in Gelston »8. Iloyt. But as the previous prosecution for piracy can fail only on the ground that he is a prince and his government that of a state, (under the decision in Palmer's case and by our Government's recognition of a civil war,) the prisoners will have taken this ground from under them- selves. [104] Artigas and his proviiice are either a foreign * prince and state, or they are not. If they are, the indictment will bo under the act of 1794; if they are not, the indictment for piracy will be under the act of 1790. '. m i\4 ^I«^"' ' ' 488 TREATY OF WASHINGTON PAPERS ACCOMPANYING h > m P. There seems to be no probability of escaping tbis dilemma but by splitting the bair and saying they are so far a foreign prince or state as to excuse the prisoners from the piracy, but jet not so far as to subject them under the act of 1794. In the case of Gelston and Iloyt the alleged princes and states were Petion and Ohristoi)he, and the diiferent parts are St. Domingo. Our Government had never acknowledged these sovereignties— not even by the recognition of a civil war either between themselves or their parent countries. So that inference can be drawn from that case to this, if the court shall have previously excused the piracy on the ground of our recogni- tion of a civil war. This simple recognition in Palmer's case was considered and decided as placing the belligerent on the same footing for the purposes of war as if they had both been regularly recognized sovereigns, an effect [105] which would certainly bring the act of '94 to bear directly on *the case. 3. I would indict them under the act of 1817. As to facts under this act yon have, I understand, only a single witness; but that there is in expectation a further proof. The grand jury, I presume, would not hesitate to find a bill on the testimony of this single witness; and if you think it unsafe to go into the trial on the evidence of this single witness, the court would, I pre- sume, indulge you in a continuance until the next term. WM. WIRT. J have not as yet received any direction from the President to attend these trials. I will see him to-morrow on the subject and write you again. ELIAS GLENN, District Attorney for the United States, BaUimore, Mr. ^Yirt, Attorney-General, to Mr. Olcnn, di.strict attorney. Washington, Novemher 9, ISIS. Deau Sir: 1 have seen and consulted with the President on the sub- ject of your wish, that I would go on to Baltimore to aid in the prose- cution of the crew of the Fourth July, and am instructed by him to state that his confidence in your, zeal and ability in giviug flOG] *ett'ect to the laws of the Union renders the measure wholly un- necessary. In my letter of the Cth instant I took the liberty to give you very fully my views of the case, in compliance with a request in one of your former letters. You will understand me, however, as not presuming vo prescribe your course, but merely as ottering for your adoption or rejection the sugges- tions which struck me at the moment as belonging to the case. I am, yours, &c., &c., WM.WIRT. Elias Glenn, Esq., Baltimore. COUNTER CASE OF THE UNITED STATES. 489 if the court Mr. Sieift, Portuguese consul, to Mr. McCulloch, collector. Vice-Consulate of Portugal, Baltimore, December 16, 1818. Sir : I am necessitated, in my official capacity, to once more intrude upon vour time and attention. The schooner Alerta, or Alerto, said to be nnder the flag and commission of General Artigas, is now in this ,','strict receiving her crew on board preparatory to a cruise. Ample testimony has been furnished the grand jury recently in session, and which can be still had, that the above-named vessel received the [107] *commission of Artigas at sea from an officer of the private armed brig La Fortuna, for the purpose of cruising against the commerce of the King of Portugal, since which period she has arrived and completely refitted at this point as a vessel of war, and so manifest is the views of those concerned with her, tiiat I am necessitated, in a faithful discharge of the dnties of my office, to request you, sir, to have the said vessel forthwith detained until the pleasure of the President of the ITiiited States can be known on the subject. With great persoifal regard, [ am, &c., W. 11. SWIFT. Jas. H. MoCuLLOCH, Esq., Collector of Ciistqtns, Baltimore. Mr. McCulloch, collector, to Captain Beard. Collector's Office, Baltimore, December 17, 1818. Sir : Information has been verbally delivered here that a vessel called the Ah^rta has departed from this port and gone down the river without a certificate or permit of any kind. The same vessel has been reported to me by the consul of Portug;il as intendiMl to be armed and to cruise aj;aiii.st the commerce of that kingdom. You will tiierefore immediately proceed to the place where she lies and take ]>ossession ot her and de- tain hor until an investigation can be had. Demand if tliey have any papers in tlie first instance, and take whatever tliey prodnce, returning them to this office. You will please to note, particularly, whether she is armed, if any cargo is on board, what it is, what number of men, \vho are the officers, &c. Your obedient servant, J. II. Mcculloch, Collector. Captain ALEXA^•l)ER Beard. ■ |l08]»jlfr. Brent, Acting Secretary of State, to Mr. Fish, district attorney. Department of State, February 4, 1819. Sir: Herewith you will receive the copy of a letter from the listrict attorney of Maryland, and the original depositions of Joseph Almeda, •n the case of George Clark and Joseph Moon, who are charged with having committed piracy and murder on board of a vessel that is said to WW 'I. 490 TREATY OF WASHINGTON — PAPERS ACCOMPANYING if '■ have been fitted out at Baltimore and to have assumed the flag of Arti- gas. You see from the hotter of Mr. Glenn tliat a warrant was issued against these men upon the facts disclose. BRENT. Jonathan Fish, Attoy)iei/, Uniie.l States, d:e. AN ACT to protect the coimiieiceof the United States aud punish the crime of piracy, Be it enacted hy the Senate and House of Representatives of the Unitei} States of America in Congress assembled, That the President of tlie United States be, and hereby is, authorized aiul requested to employ so many of the public armed vessels as, in his judgment, the service may require, with suitable instructions to the commanders thereof, in [110] protecting the merchant-vessels of the United States and *tlieir crews from piratical aggressions and depredations. Sec. 2. And be it further enacted, That the President of the United States be, and hereby is, authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon an,y vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawl'ullv captured upon the high seas. Sec. 3. And be it further enacted. That the commander and crow of any merchant-vessel of the United States, owned wholly or in part by a citizen thereof, may oppose and defend against any aggression, search. restraint, depredation, or seizure, Avhich shall be attempted ui>on such ves.sel, or upon any other vessel owned as aforesaid, by the commander or crew of any armed vessel whatsoever, not being a public armed ves sel of some nation in amity with the United States; and may [111] subdue and *capture the same; and may also retake any ves- sel, owned as aforesaid, which may have been captured by the commander or crew of any such armed vessel, and send the same into any por.t of the United States. Sec. 4. And be it further enacted. That whenever any vessel or boat, from which any piratical aggression, search, restraint, depredatiou, or COUNTER CASE OF THE UNITED STATES. 491 seiznre shall liave been first attempted or made, shall be captured and brought into any port of the United States, the same shall and may be adjudged and condemned to their use, and that ofthe captors, after due process and trial, in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought, and the same court shall thereupon order a sale and distribu- tion thereof accordingly, and at their discretion. Sec. 5. And be it further enacted, Tliat if any person or persons what- soever shall, on the high seas, commit the crime of piracy, as defined by the law of nations, and such offender or offenders sluiU afterward be brought into or found in the United States, every such offender or [112] offenders shall, upon conviction thereof, before the circuit court *of the United States for the district into which he or they may be brought, or in which ho or they shall be found, be ])unished with death. Sec. G. And he it further enacted, That this act shall be in force until the end of the next session of Congress. Approved March 3, 1811). "■Jt ►. lUiENT. ti Mr. McCullochj collector, to Lieutenant Marshall. Customhouse, Baltimore, Collector's Office, March 26, 1819. Lieutenant Marshall: Please to proceed with the cutter Active down the bay and look for the Buenos Ayrean brig of war Peuyeredon, re- ported by her commander. Captain Franklin, to this office as being now probably near Patuxeut. You will warn them either to go into port and enter the vessel, or to leave the waters of the United States, as they cannot remain in a situa- tion where the interests of the United States are exposed in more ways than one. Whichever w.ay they determine you will please to keep by them and prevent any vessel from boarding them till they arrive or go out, except the pilot-boat returning with the captain or others [113] *having permission for the purpose, and especially ]>revent any vessel if carrying supplies. I am, sir, vour obedient servant, JAS. 11. Mcculloch. Mr. McCulloch, collector, to Mr. Crawford, Secretary of the Treasury. CUSTOM-HOUSE, Baltimore, Collector's Office, April 10, 1819. Sir: On the 14th instant a South American cruiser named Congress© di Venezuela, Don Henreques Chief, commander, arrived here and re- ported herself as a government brig of war, bound for the Kiver Aro- uoque, but put in here in distress, requesting permission to make repairs and take supplies of pro\'isions, water, &c. It appears by the verbal accounts given me that she was formerly a Spanish brig of war, captured by the Irresistible, a patriot brig, and that at the moment when both were prepared to join in an expedition under Brien and Margueretta the crew of another cruiser there took the .>!l 492 TREATY OF WASHINGTON PAPERS ACCOMPANYING opportunity of the absence of the commander and crew — the latter vessel being on shore with but a small guard on board — to migrate from [114] their own vessel, substitute themselves to the •crew of the Irre- sistible, and go off to sea in her. The practice will doubtless cor- respond on these cruises to this piratical beginning, but t'.e Congresso seems to have sailed in pursuit, and being in need of ^»airs, &c., has put in here. The case is reported not onlj* for its singularity and the information of Government, but to show the diflSculty the collectors of the customs have at once to gratify the neutrality claimed of the United States by the South Americans, and to restrain their cruisers within proper bounds. The apology for so much as is here written must be taken from the vexation of hearing complaints, while a consciousness is held of having done everything by watchfulnesr; here and speedy attention to every information from every part of the bay districts with the utmost readi- ness, in the midst of all our proper business, to give effect to whatever the merchants or attorney of the district can suggest in any case, not by rumors or suppositions, but by embodied information that will dis- close the objects and justify the vindictive proceedings. J. II. Mcculloch. Wm. n. Crawford, Esq. [IL")] *Mr. McCuUoch, collector, to Lieutenant Marshall. Sir: Customhouse, Baltimore, Collector's Office, Aivil 211, 1819. I'lease to ])roceed with all expedition to Patuxent Eiver or else- whore down the bay, in search of the vessel said to be a prize to some foreign cruiser. Take possession of her and bring her into port for security to the revenue, and as soon as you have seen her up into this river, return and board privateer if found below. Order her immediately to come to entry in some district or leave the waters of the United States ; if they refuse or delay willfully, call for assistance from the militia oflicers on shore, who are obliged to render it, and any person refusing is liable to a heavy peiialty, and notice must be taken of them. It' any United States vessel is in the bay at Annapolis or Xorfolk apply for their aid to enforce the laws, if you cannot of yourself, but it is trusted that it is only neicessary to say this by way of information or instruction, and that resistance will not be ottered. There is now danger of these vessels bringing up goods clandestinely, or of their being smuggled on shore where they lay, and .against [116] both of these mischances you will be * watchful and not sufier any boat to board or leave either vessel without being searched, stopping all goods that maybe in passage, |)ermitting only refreshments to go or passengers' baggage to be landed from them. I am, in haste, J. H. Mcculloch. Lieutenant Marshall. IPANYING st in any case, not btiou that will (lis- . Mcculloch. Mr. COUNTER CASE OP THE UNITED STATES. 493. '. McCulloeh, collector, to Mr. Crawford, Secretary of Treasury. Custom House, Baltimore, CoUector'>8 Office, May J, 1819. Sir: I beg leave to inclose to yon a note received this morning from the attorney of the district, respecting certain vessels therein named of which I can only report that the credible information which he speaks of seems only to bo the loose declaritions of people who see some things (loinp on board these vessels, and who neither particularize nor dis- tinguish between the lawful repairs and supplies permitted by our neutral regulations, and the additions and augmentation of force which are prohibited. Tlie Pucynedon was cleared three days ago and departed, followed by the cutter, with orders to prevent all communication of vessels [117] with her in the bay. At the same time it must *be known that she was closely examined at coming in, when her stores were landed and put under the public keys; herconduct here was attended to and a close examination was made at her departure. She brought in ninety eight men and went away with seventy, leaving also a gun or two as not wanted, and no change whatever affecting her hostile capa- city was otherwise made, as is certified to me by the inspectors. The behavior of the commander and his officers was orderly, nor was com- plaint heard before. The Nereydawas a Spanish prize, formerl . brig of war, of whose arrival an account was given in my letter of tlie IGtli ultimo; she was in bad condition and needed much repairs for her safe navigation. The commander applied for leave to put a strip of ])lank about 3 or 4 inches wide and thick, and about 3 or 4 feet in length, under the sliding carriages of his guns, to replace some that were rotten, and to raise the woodwork out of the wash of the water, and as this was thought to apply to carriages only, &c., he was told that he could do so small a i)iece of work by his own carpenter anywhere, and need not trouble us with it. But he went further; employed a carpen- [US] ter here and changed these same strips in several of the *carriages. Upon a report to the office, he excused himself by ssiying that his carpenter went on shore, it being impossible to keep the hands on board while in a harbor, and that therefore he paid for the trifling nature of the work ; he offered, however, to take away the new and replace the old pieces, which has been since ordered, after some hesitation. In the meanwhile the vessel was libeled and in the hands of the marshal, which seemed to render our attention not so necessary, and niakes the call of the district attorney a little unreasonable, perhaps. The Alerta has been here, I believe, all winter, dismantled, and as re- ported to me sold to a citizen, who proposes to send her to the West Indies for sale, with a part of her armament and a small cargo, as a mail- carrier between the islands. He has altered her so as to make her much less lit for a cruiser, and there is no doubt that he intends to sell her ; still, he will be obliged to give bonds, as he retains some guns, &c. It does not appear tome in the ciicumstances that the collector is re- •juired to act as the attorney proposes to him, and that the sections of the law he refers to apply to the cases, but as much is said on [110] these 8uo*jects, and as something may be cast upon theofhcers of the customs in relief of the law-officers, this matteris submitted to your direction, which I shall be glad to follow. - < '■.:rr^ To exemplify our manner of i)roceeding with these vessels, an order and return of examination made at the departure of the last privateer ii 11 -w. — r 494 TREATY OB^ WASHINGTON PAPERS ACCOMPANYING is also inclosed. This, as au official document, if you please, may be re- iirned. A hundred others are at your service if desirable. J. H. Mcculloch. William H. Crawford, Esq. [12()| *}fr. MeCnUovh, collector, to Lieutenant Marshall. Customhouse, Baltimore, Collector's Office, May 8, 1819. Sir: Please to get the cutter instantly ready if practicable, and pro ceed down the bay in search of an armed brig called the Irresistible, of South America. Endeavor to secure her and as many of the crew as practicable, she having been, as reported, piratically carried off and ber officers left behind or put out of her afterward. If any difficulty appears from a spirit of resistance, apply to the United States armed vessels for assistance or to the officers of the land forces and militia, at any point most expedient. You will remember the usual directions to prevent the landing of goods or putting them on board other vessels, and to immediately seize them wherever found. Inclosed is a blank search-warrant for use, if goods are landed, and in any house, to obtain which you must go before a magistrate and u^ake oath of your information, and then enter no house but in the day time, without leave of the owner, of which consent some of your own men or disinterested neighbors should be witness. In haste, &c., JAMES H. Mcculloch. Lieutenant John Marshall. .',(, [121] *Mr. Adams, Secretary of State, to Mr. Glenn, district attorney. Departjient of State, May 11, 1819. Sir : I have received your letter of the 8th instant. Mr. Biscoe, in- spector of the customs at Nottingham, will deliver you this letter. He goes to Baltimore in pursuit of the Irresistible, which after having been seized by the officers at Nottingham was taken from them, and is sup- loosed to be at Baltimore. 1 beg leave once more to recommend this vessel to your particular atten tion, and that y^u will use every legal exertion to bring to justice those who have made her the instrument of their piracies. I am, &c., JOHN Q. ADAMS. Elias Glenn, Esq. Mr. McCulloch, collector, to Mr. Craicfoid, Secretary of the Treasury. Customhouse, Baltimore, Collector's Office, May 14, 1819. Sir : It is most likely the representations you have received of Cap tain Child's language respecting the oriental brig La Irresistible, seized COUNTER CASE OF THE UNITED STATES. 495 i^ CULLOCH. Q. ADAMS. he Treasury. in Patnxont by the surveyor of tluifc district, have been the loose say- ings aud reports of sayings between him and others, with no very 122] correct understanding on *either side. Child, who commands the vessel, reported to you on the 10th idtimo. (Jongressio de Vene- zuela was employed by Daniels (who had ordered her in expectation of tiiiding the stolen vessel, formerly under his command, in some port of the United States) to go down and assist in getting possession of her. 1 neither knew this nor gavtj any authority to Child on the subject. But what was said and written to Daniels may have given some occasion for till! reports you mention. This latter person applied to me on Saturday morning with informa- tion of the vessel having arrived somewhere below, and begged to know what should be done in that case. He was informed the cutter would be dispatched to effect every i)urpose necessary for the objects of our liiw and government, as he knew the strength of the brig, the temper of the crew, and the weakness of the apparent means in our power here ; he offered to go as a volunteer with others on the expedition. This was declined, and the cutter ordered to proceed to execute tin's business. Tills vessel, however, was then careening, her given ballast, &c., being taken out, as everything mnst be, to heave down. Mr. Marshall, the first ollicer, who continues in command, came up to inform me of this situa- tion, and was directed to take in everything necessary again and ;i23] proceed as fast as possible. This *could not bo done before mid- night or later ; and lie then departed on Sunday morning as directed. In the mean time Daniels sent me a message, repeating a request that he bad before made, that he might send down some of his former crew and ofiicers to attend to the brig ; but fearful of some desperate act lielnjf perpetrated to destroy her, &c., I sent him a written answer of which a coi)y is inclosed. He was in too much haste, however, to wait the motion of the cutter, as it appeared, and having hired a vessel sent a number of men, who, finding the brig abandoned, though with notice ot the surveyor there, having boarded her, &c., took possession and eame out with a deputed inspector from that ollicer. Another cutter arriving, seized the seamen found on board or in other vessels or ashore, a^'reeably to my orders, put them in irons, and came up with the brig, never having disposed of the person employed by the otficer of Notting- ham, nor doing anything more than securing the vessel and prisoners, noticing Child and his men no other ways, as far as I am informed, than liy letting them assist to bring the brig into port. As ho had but six UK ii, I think, and near twenty prisoners, he could do no more. I must beg leave to say, sir, that a great deal of foolish, false [\-\] story is every now and then *put in circulation, and not a little of pitiful self-interest among our citizens, as well as malignant dis- pdMtion with others, is manifested in occasional ravings on the subject ot South American cruisers. But bo assured, sir, the oflicers of the customs here will never give a real ground for such alleg.ations as you ha\e heard. They feel themselves bound to follow the s.imo equal course which the spirit of our laws and the conduct of the Government manifest is to be observed toward the vessels of the warring parties. It is not very likely, while each requires too much, that we shall satisfy either. But the ofiicers here in their place will not swerve from their duty to shun their disapprobation. Yours, &c., J. iL Mcculloch. William Ceawford, Esq. •'■' '■;?: ' .^ i<. I 496 TREATY OP WASHINGTON PAPERS ACCOMPANYING 1^ :: ■ [125] *Mr. Glenn, (Ustrict attorney, to Mr. McCuUoeh, collector. Baltimore, May 21, 181D. Sir: 1 have received information from Mr. Bonabran, the Spanish con 8ul, that the vessel cjilled, now, the Louisa Casares, but formerly called the Arrogante Barcelone, is actually fitting out as a privateer, by .^.Imuda or others, to cruise upon the high seas against the subjects or property of the King of Spain or some other foreign government with which the United States is at peace. As too much of this business lias already been carried on in this city, I pray you to make your inspectors furnish me with information of the state of this vessel before she is suf- fered to clear out, in order that 1 may, if the facts will justify mo, tile information against her. Yours, very respectfully. James H. McCullocu, Esq., Collector. KLIAS GLKN.N. Mr. McCulloch, collector, to Mr. Glenn, dislrUt attorney. CUSTOM-liOUSE, BALTIMORE, Collector's Office, May 22, 1810. Sir : In answer to your note of yesterday's date, received this nioi'u- ing, respecting tlie Spanish consul's information against the Louisa Caseres, it is proper to advise you that this vessel has been under [12G] the constant inspection of an otlicer ever since she began *to take in. She came here as an armed merchantman, regularly cleared according to the forms of the Spanish authorities, from Marguerita, landed a cargo and is now prepared to sail with the same individual armament she brought in. If you know of anything in this proceeding forbidden by our laws, I shall be glad to be informed ol" it that my mis takes may be corrected. Every information you need shall be furnished, at your own request, from this office. Yours, very respectfully. J. H. McCULLOOU. E. Glenn, Esq. '^M0^^^ ' ' Mr. McCulloch, collector, to Mr. Parker. Customhouse, Baltimore, Collector's Office, May 2G,lSn Sir: I have just received your letter respecting the ship Louisa. Ameida (or rather Drew) master, which sailed from this port on the 4th day of August, 1818, ostensibly on a sealing-voyage. As she was a foreign vessel no list of crew was, of course, demanded or rend ered. She had been a i)rize, captured from the Spaniards some time before, and came here with a cargo. She was, therefore, no ways likely nor was ever pretended to be a vessel of the United States, nor dn we know a man on board except the owner and captain above men tioned. M:,i,.<;; 5,:- iYINO COUNTER CASE OF THE UNITED STATES. 497 dlector. lay 21, 181l>. e Spanish con oruierly called privateer, by Ibe subjects or vernuiciit with is business has ^'our inspectors fore sbe is sut- justity me, tile |[27] She had be«Mi searched by my orders two or three *tin>e8 during and afier her laiidin;;. In the last examination her <'asks, ballast, iS:*'., were removed to tlies kelson nttei' iier ' more than her own armament, and such stores as were allowed, at her (h'partnre from Haltimore. Ameida left her at sea and proceeded to Marj;iierita, from whem^e he ( sune liere ill anotlier vessel. The piratical portiini of the crew afterward (h'serve the severest pun- ishment: but we can furnish nothing here for their conviction. J. J J. .M(;CL'LLOCII. Thomas rAsiivEU, Esq. \S (ILKNN. to r tie a . :.TIM0IIE, May 22, 1819.^ ived this morn- inst the Louisa has been under ! began *to take eguhuly cleared oin Marguerita. ame individual this proceedinir it that my mis lur own request. cCULLOOH. LTIMOKE, JI/ai/2G,lSl!». he ship Louisa. \is port on the re. As she was janded or rend liards some time ?, no ways likely 1 States, nor do ;ain above men Mr. MiCuUovh, collector, to Captain Daniels. Custom House, Ualtimoue, Collector's OjJUr, July G, LSI!). Sir: rnformation is given tlnit you are making alterations in the ves- sel of wai- un(h'r your (lirection and management here which, from their iiatiue, are inacbnissible as effected in our ports. You hacl promised not to take otf the i>iec(is put under the gun-slides and to restore the car- riajjes to their former situation ex(!epting such repairs as your own car- peuter could make ; you have had the work done by a citizen here and are going on to enlarge your hatchways, &c. This must ]>e stopped [128] and every *work besides which is m^cessary for the safe miviga- tion of the vessels must be foreborne or undone, t)therwise you will not be i)ermitted to sail from this port. J. H. Mcculloch. Captain J. D. Daniels. Mr. Glenn, district attorney, to Mr. McCullochf collector. liAUTiMOKE, Auyust 24, 1810. Sm : The inclosed letter was this day hamled to me by Mr, Purviance, witli a reipiest that it might be transmitted to you. I will thank you to take steps such as your official duty require to frustrate the illegal purpose which Daniels appears to have in view, and to let ine hear from you as early as convenient on the subject. Be pleased to return me the letter inclosed. Yours, respectfully, ELIAS GLENX. Mr. McCulloch, collector, to Mr. Loicry, stirveyor. Customhouse, Baltimore, Collector'' s Office^ August 25, 1819. Sir: It is alleged that Captain Daniels has not only repaired the brig Negreda, a Spanish prize, in which he arrived, but has altered her 1 129] masts, decks, and rigging, as well as her armament, that *her plat- form is renewed and fixed, that her mainmast, formerly schooner- 32 a I'^f 498 TKEATY OP WAHHINGTON PAPKU8 ACCOMPANVIN(J rlpfscl, is now square rlpfRed, her Runs IVirriierly «'s, sixteen innuailu'r, aii«l that some brass pieees are athletl toiler at'ter-decliorbiilwarlis, which siie liad not before. riease to onier two ortleers, one of tlieni tlie ollleer wlio inspected lu-r at arrival, to visit and strictly exauiiue her and report to me on tiu.sc and other particulars in her ease. J. II. Mcculloch. Mr. Lowuv, Surrcyor Port of IkdUmore, Mr. MvCuUovh, vollector, to Cajitain MarHhaU. CusTOM-HorsK, Baltimork, CoUictor\s OjgUr, Octoher L'."», ISl!). Siu : Information having been received of a South American privnttu r being in the bay, it is necessary that she should be attended to lor pre. vention of any irreynlarities and breacdi of law. JJe pleaser(>visions |,130J anil water. *lf she does not remove immediately, report must be made and recourse ha«l to the naval and military olliccr of tin United States for a force sufficient to control or bring her into port. J AS. H. Mcculloch, Collector, Captain John Marshall. Mr. McCulloch, collector, to Mr. Lowry, surveyor. Custom- House, Baltimore, Collector's Ojffice, November ir>, 181!). Sir : Please to direct two officers of inspection to examine, visit, \m\ report to this office all and every i)rivateer or ship of war under furoi^'ii colors. Take an account of every particular of armament; the numlui and descrii)tiou of crew — thai is, what countrymen; under what com mission they sail, and whether t1\eir commission is lodged at the custom house, and, if not, dennuul fc for depository here. From this lust direction the brig Independeucia, Gunnalds, commander, is to be ex cepted, as I have lately had his commission and know lier to be a national vessel. The officers will please to report, with as much expedition as possible. adding any rennirk of their own ou the appearance or conduct of tlieii crews or commanders. J. H. Mcculloch, Collector, Wm. Lowry, Esq., Surveyor Port of Baltimore, COI'NTEK CASK OF THK rNITEI) STATKS. 4!MJ m [131 1 •iW>'. A«lams, Sn'trfart/ of State, to Mr. (ihnii, iViHtrivt attorneif. Department of State, \V, 181J). Hiu : Your letter of tlic KJtii instant hiis Immmi laid Ix'loro tin* Presi- dent of the United States, by whose direction I am happy to assure you tliiit MO complaint or (tlnujie of any kind has ever been exhibited to liim iiffiiiiist .vou, and tinit he lias never received Irom any person the most (listiint intimation atlectin;; the intej^rity ot your eharai'ter or the faith- t'lilnessof your oIlhMal serviet's. To this I add with pleasure that no ivpresentation of a dillerent character has ever been received at this Department, and my entire conviction that the suj>gestion to you of Jiid^^eDuvall was founded upon erroneous intbrmation. I am, «&c., JOHN Q. ADAMS. El as (ieenn. District Attorneif of the United States, District of Mart/land. Mr. McCuiloih, collector, to Mr. Jackson. • Cl STOM-IIOUSE, BALTIMOKE, Collector^ Office, December 3, 18U). Silt: It has been icported to me this morninjj: that you have said, upon beiiifi; asked about some j?un-carriaj{es inyour wcukshop, that they were i)artly old, and that the men who employed you to make them told you that they had the collector's instructions to do them in such [132] a way as woidd *just keep (dear of the laws, intimating thereby that they had been instructed by me in the way to evade the law. This is su(rh an impudent, barefaced falsehood that, though I am per- suaded this has never been said to you, I cannot but wonder that you should believe and repeat such things, wlio surely know me well enough to suppose that I would neither enudate nor deliver such disgraceful lessons. The whole is a declaration of false knaves, and the carriages imist not be delivered to any foreign vessel of war with those who are ni ))ea(!e with the United States, under penalty of aiding and assisting in tittinji them out contrary to law. I am, sir, with better hopes for your future observations on this sub- ject and on me, yours, J. H. Mcculloch. Mr. William Jackson. Mr. McCulloch, collector, to Captnin WehHter. CusTOM-HousE, Baltimore, Collector's Office, December 3, 1819. Sir : Upon receiving this be pleased to attend the South American schooner El Ameida till she goes out of the Chesapeake. You will anchor near her when she anchors, and keep oft* all boats or vessels [132] visiting her aud prevent anything being *carried on board her from the water or land side that will add to her military strength. 500 TREATY OF WASHINTJTON PAPKRS ACCOMPANYING Tli(» norossnry snpplios of fiosli ])rovisi<)ns and wator and vogotiihlcs arc not intcndo*! to be ueniod, but men and warlike stores must l)i> driven ott" or seized. If tlie inspector meet you lie will pive you the commission and clear- ance of tlie vessel, which you will please deliver to her com'i.nulcr m hei' «lei>arture. J. II. Mcculloch. Captain John A. Webster. Mr. McCvUoch to any officer of the United titaten Nary or Army. CUSTOM-HOT^SE, I]ALTI3I()1{E, Collector's Office, December IS, ISIO. The l)rij>- Irresistiltle, a South American privateer, has lelt this jioit contrary to law. The collector of the customs, therefore, accordin<>- to insductioiis re- peatedly directi'd to him from the Secretaries of the Is'avy and of \\;\\\ re- quests the assistance of any naval oilicer or military commander to Inl- lov, detain, and send back said brig to this or any other Judicial y of her commission from court, are lunuled von with this. The latter, ui)on finding all right, yon will pleast^ to deliver to the commander, on leaving him at the cho])sof the bay, whithei it is proper to accompany him to prevent any illicit supi»lies going on board ot articfles of war forbidden by our neutnility. With wishes for your pleasant run and a safe return, Your obedient servant, J. II. aicCULLOCn. Captain J. A. Webster. Mr. McCiiUoch, collector, to Captain Webster. CusTOM-IIonsE, Baltimore, Collector^ Office, December IS, ISIO. Sir : You will please to proceed immediately to Norfolk, and apply to any officer of the United States, having a suitable force at com- COUNTER CASE OF THE UNITED STATES. ;) 01 iULLOCII, [i;],')] inaiid, to assist yoii *\vith all speed toiiiteroept the \m<* Irresisti- ble, to iletaiii, arrest, and briii<»; back^o tiiis port, or any district of the United States," the said brif^'; lier conunander and crew having violiited the laws of the United States by entering;' and recruitinj;' men ill oiu" district, thereby inereasinj;' her fon-e, «S:c., in breach of our neu- tiiility. You will, thert'fore, run straij^ht down, without stopi)ing, and yet iilu'iid of tiie briji, if possible'; and apply to tin* naval coininaiider of iiiiy of the United States vessels to assist to stop her, and brinj;' her in for trial for the said otfen.ses. Yours, J. H. Mcculloch. Captain J. A. Wkhsteii. ULLOCll. Mr. McCuUovh, coUcctor, to ^fr. Glenn, iJistrict attorneif. Custom- House, li Ai/rniouE, Collector's Ojjicc, Jnnmrif 11, 1820. 8iii: 1 have directed a number of men, who have declared themselves to be fiti/ens of the United States, to be landed tiom thr South Ameri- can l)ri,y; Conyressio de Venezuela, Iiic^hanl Nivon, commander, who say tlu'V weie shipped by certain persons t'ov tiie service of that country aj-aiiist Spain, with whom we areai peace. They a[)pear previously t() liave made oath, before Justices of tl e peace for this city, that they were si'vcrally foreif>ners; but they now say that other men made oath for tiu'm; ami they have <'iilisted unch'r this simulated proceed injjs, [i;i(i] as above said. *Tliey will be brouj^ht to your oftice this after- noon, that you may take such testimony as you see needful, and prosecute the men who enlisted thus feiynedly. A paper containinti' the names of seamen and shippers, authenticated In tlie oatii of Captain Daniels and the certi(icatistrates' certilicate of the oaths taken h the sailors before them, are all sent herewith. JxVS. 11. .AIcCULLOCn. Klias Glenn, E»q. i JULLOCIL Mr. Adams, Seeretan/ of State, to Mr. />raf/ton, (listrietjudtfe. l)EPARr:MENT OF STATE, Wastiinffton, April lo, 1820. Siii: 1 have had the honor of receivinjy your letter of the 21st ultimo* and, conformably to the recounnendati(ms (;ontaineractice, 1 inclose herewith two death-warrants, respectively enjoining the execution of the sentence passe, )<.:]{), ;;i.) Commodore Terry, and afterward Comnuxlore Morris, we)': (".>);ucted to remonstrate against tliem; but the lamen- table deiit'' c *h<' former prevented his ever reaching linenos Ayres; and the sti"!' >. ' .iiarchy and revolution in which the latter found that onntry made nis remonstrances ineffectual. .Air. Forbes is charged to state the cases both of t!ie(ieneral Kon- [Ul] dean aiul the AVilson; but by the manif\si;>of Mr. Surgeon *\Vhee- don, published in our papers, C;ii)tain Almeiti.i \iv. longerhails from Hneiios -i^y res, nor calls his brig the \Vilson, He has become a denizen of tlie HPw republic of Colombia, and 4!alls his privateer the IJolivar. This san" J "eida was iiiv captj>iii of the Louisa, from which 1 thiid; Clark and ;' V. ere hung; but he was then a Huenos Ayrean. Wr. ' ; i' .MI' insists that the only proper court to try the merits of Ids cause .: tne court at the island of Margaritta. It is i)Kecisely that cotirt, combining with the third and eighth articles of the Buenos Ayres ]>rivateeriiig ordinaiu-e, which sanctions all the piracies. We have re- monstrated, and shall continue to remonstrate against its proceedings. i .:i;': 504 TR?]ATY OF WASHINGTON PAPERS ACCOMPANYING '!H' ■ But I believe our ultimate reliance for the suppression of piracy must be upon tiie tribunals of our own country. You will have .seen by the ne\vs|)apers that the mutineers of tlic General Rondeau killed only one of their officers, and that Ca|itiiiii David B. Miles has sately arrived at Margaritta, and there proclaiiiuMJ them pirates. We have evidence at this Dei)artment that this Captain ]\Iiles, in May, 181J), went from Buenos Ayres to Valparaiso wjtli fl42j one of his i)ri/es, and there entered her as a *vessel of the IJnitcd States, with fov^ed papers, bought at Buenos Ayres for fiveluin- dred dollars, by Mr. .Juan Hi]Lj}>inl»otham, mentioned in your letter ot the 2d instant as part owner of the (leneral Kondeau. If Miles should make his appearance in this country to bear tpsti- ?aony against his mutineers, it will serve infinitely more the cause ot justice if testimony can be obtained to reward him according to hisow.: deserts. 1 beg leave to recommend this to your ])articular attention, Tliis fact of his going with forged United States papers to Valparaiso, in a pretended ship I\Iercury, you will please to keep secret for thepris ent, but if he shows his face in the prosecution of his mutineers, you will make such use of it as you may think advisabl". The forged papers are here, and an inso1<>nt letter fnun Higginbotham to Mr, IJill, the vice consul at Vali)arai . 'he, as his duty re(piired, obtaiiu'd ])o;,.-.'ssioii of the papers and sent t.i this Department. Should copies of rheni or the originals themselve. ■ necessary upon any of the trials, they shall be furnisjied upon your ap[»lication for them. I am, &c., JOHN (JUINCY ADAMiS. Thomas Parkek, Esq., United States District Attorney, Charleston, iSouth Carolina. [143] *Mr. Adams, Secretary of State, to Mr. Glenn, district attorney. Departmen r of State, Washington, Anynst U, ISl'd. Sir: Iijlormation has been given to the President of the United States that the Portuguese ship ^Montalegre was sold on the Istof -Iniie, purchased by a person named Chase, now under indictment for piracy, and is to be fttted out as a privateer, and to be commanded bv Captain Ta.N lor. It is certain that this purpose cannot be carried into effect but by the grossest violation of the laws of the United States. The execution ot the two miserable men who had been induced to join a similar unlawt'nl armament in the port of Baltimore, and the numerous other victims ot such expedition whose forteited lives have been si)ared only by the clemency of the Executive, have exhibited in the deepest colors the duty of vigilance .i all the officers of the United States, to arrest before their accomplishment attempts, the imtural and unavoidable conse quences of which are thus awful and calamitous. I am directed by the President «»f the United States earnestly to request your attention to this case, and if by any official interposition of yours, or of any other officer of the Govern nu'ut at lialtimore, the design of this new outrage upon [144j the laws of the country, of nations, and of humanity can *be frus- YING COUNTER CASE OF THE UNITED STATES. 505 f pirjiey innst ilKHM-S of tlU' that Ca|itjiiii ro proclaiiiHMl t this Captain iljunaiso witji of the (jiiitcd s for liv(Hiiiii- T lettt'V ot tilt' to boar testi- ly th<' cause of iifi; to hisow.; ihir attcMitioii. o Valparaiso, t for thopri's- iiUiiR'«»rs, you forj>0(l papers >Mr. Jlill, the led i)o;;.-.'ssioii '.opiesof Them e trials, tliey r ADAMS. attornei/. ;e, lust U, 1820. f tiie United c 1st of . I line, lit for i>iraey, d by Captain !Ct but by the exi'cutitni of lihir niihnvt'ul wv victims ot only by the st colors the arrest before iduble conse- •cctcd by the oiitioii to this thcrotlicerot' outrage upon can *be tnis- tratod. he trusts that no exertion will be wanting on your and their part to that end. 1 am, &c., JOHN QUINCY ADAMS. Elias Glenn, Esq., District Attorney United States for the District of Marijhtnd. Mr. McCuUoch, collector, to Mr. Glenn, district attornei/. CrSTOM-IIOUSF. JiALTHIOKE, CoUector\s Office, Noreniher 1, 1S20. DeauSir: Upon receiving your note with that of the Spanish con- sul inclosed, an order was iuiniediately given to two inspectors of the eustonis to proceed to the i)oint and examine the > 'vcral vessels nien- tioneil in a ])articular manner, and a report has Just been handed to me by tlu^ ofllcers thus appointed, the result of which, in their own words, is as follows : At Caiitnin Mtn'iick'.s wharf found a now schooner couiph'tcly rinneil. witli t.luco (jilt stiirs (111 the stern, no iianio, and nothing on boanl except a small iniaiitity of itallast. The second vessel named was not found. Tli«a'o iire other schooners at the wliiiif, viz. : the lilueher, Waverly, and ii ([uite new vesbol, mast stiuidin<>' only, and a coiisidi nihle ,,nantity of water In the liold. The hrij;- Inde|)eii(lencia has I.") ji;niis mounted on deck, and her old or former arma- iiieiit ; no sails bent ; with two persons on board. [U")] *To this I add that the first schooner (with stars) is owned by Cai)tain Kelly, the Blucher, by Coil's Tennant, tlui Waverly, byC. Malloy and J. Williams. The two last have lately returned from I'oiuniercial voyages, the first is, as well as the hist, owned by persons hitherto clear of any impntati(Mis of such proceeding as the consul seems to apprehend. It must be supposed he is deceived by i)er.sons wiio report in this ca.se without km wledge of the ownership or circum- stiuiees of the vessels beyond their outsi' with the usual lookout on both sides of the bay, and as you tind it exiiedi cut at this season. J. H. ]\IcCULLOCH. Captain JouN A. Webster. Mr. McCulloch, collector, to Mr. Lown/, surveyor. Customhouse, Baltdiore, Collector's Office, August 18, 1S21. Sir : Pl"ase direct the otlicer charged with an attention to the South American brig San Jose to go on board and i)eremptorily forbid the putting in ring bolts, stanchions, or any other appurtenance to tlie mounting of guns beyond what she was lifted with at arrival hero. JAMES H. Mcculloch, CoUeetor. William Lowry, Esq., ISurreyor of the Port of Baltimore. Mr. McCulloch, collector^ to Mr, Crauford, Secretary of the Treasury. Custom- House, Baltimore, Collector's Office, October 3, 1821. Sir : Since writing this morning by Captain Uieter on the subject ot a South American vessel, which lias been reported to jou before, COUNTER CASE OF THE UNITED STATES. 507 CULLOCII. [118] the Si)aiiisli *consul ad interim has a(l(lresae leave to transmit for your inspecttion. As ho called on me himtjelt'I had the opportunity of tindinj^* that iiis .state- ments are made on the reports (iarried to him, as was to be expected. ;Vs to her takinjn }iuns or men within our waters, that sliall be guarded against by the fullest inspection here and sendin}>' tlu": cutter to accom- pany lier to sea. But the otiicers of the vessel, knowinj^ the suspicion entertained here, have not only made the stronj;:est assurances of their tail' intentions, but, have requested that an inspector should attenresentations. J. H. 3ICCLLLOCH. Wji. II. Crawfokd, Esq. CULLOCU. [149J *Mr. McCulloch, collector, to Mr. Crawford, Secretarii of Treasury. Cl STOM-IIOUSE, BALTIMOKK, Collector's Office, November 8, 1S21. Sin: As soon as i)racticable after receiving your letter of the r)tli in- stant, respecting the South Ameri(!an brig San Jose, another exannna- tion was ordered, to ascertain the state of the vessel, agreeable to your (lirectioii. It is but a little while since the same measure was taken, upon a note being addressed to me by the Spanish c(nisul here. It was not thought necessary to make any observations to the Government ou the snbject. I was apprised that a copy of his note was transmitted to the minister at VVasliington. The fact is that a constant watch has been kept on this vessel, and we are ac(iuainted with every ])articular respecting her. But the reporters to the GovernnuMit give the rumors eoiistantly Hoating In their atmosphere, in which conjecture and imag- ination take the gieatest part. Mr. Beatty, the Xavy agent, upon be- iiiff called upon for such information as he had, was not a little ] ^Baltimouk, November 8, 1821. Iit'itify that I have Iteoii att>'ii(liii<; upon the ]»rize Sati Josfi since tlio 'i"Jort that there is no earj^o, no ainninnition of war, nor any ecinipnients "tiler than when slie arrived; that there is notliinj^ in Inn- niajiazine, and notliinj; but water-iasks and haUast in her hohl; that her present coniphMnent of men is fonr Span- liiiils. who came in tiie vessel. JAMES BURNS, Impeelor. Wm. II. Crawford, Esq. J. H. Mcculloch. m n' 'M rr" t:rk 508 TliEATY OF WA8HIXGT0N — PAPERS ACCOMPANYING Mr. McCulloch, collector, to Captain Webster. Custom-House, liALTOiouE, Collcetor\s Office, Soremher IT), Isi'i. SiK : In (!onsoqn('nce of direct ions roeoivc*! from the l)oj)ijrtiiit'iit ,,1 tlie Trcs'.siiry tlio tain of the San .losisit partinji, or rather to the commanding;: otiicer of the United States iii;i rines if he should jjo on board when you leave the briy, but not otliir wise, that slie may not be expose«l without |>apers by accidental i);irtiii;' from the Norfolk cutter, as first directed. This is added, as 1 am i^jiid rant ot the orders <;iven to that vessel. Captain John A. Webster. J. H. .AlcCULLOCil. Mr. McCuUoch, collector, to Mr. Loicry, survci/or. Customhouse, Baltimore, Collector's Office, December Hi, 1S'21 Sir: Please to «lirect an officer to examine minutely the e(piipinoiitof the Colombian schooner General Paez, Jno. Chase commaiider. [152] to as<;ertain that her repairs have not exceeded what our *iieiitnil ity permits; that is, that the work here done to the vessel lias not added to her nuliiary streny;th or lifted her for receiving additional aruia- meiit, or that they contier any other or nunc capacity than she possessed at her entrance here, except as replacing spars and other furniture or tackle unlit for safe navigation. The ofticer must also exercise a particular vigilance as to any men or articles of armament being clandestinely put on board or in preparation, as far as possible, and report seasonably to this ofiice. J. H. Mcculloch. Wm. Lowry, Esq., /Surreyor of the Port of Baltimore. Mr. McCulloch, collector, to Mr. Johnston. Customhouse, Baltimore, Collector's Office, March 11), ISL'3. Sir : The Colombian schooner General Paez, commanded by John Chase, arriv^ed here iu August last from u cruise, and ai)plied for per- couxTEii casp: of the united states. 509 mission to make repairs; this was granted, but as coming in under such circiiJiistanees lorbien (iis|>iitched after him with a civil oHicer and process for arresting him iiiiil detaining the vessel, heliaviiig without any right in himself carried drt' the schooner, and having neither made declaration nor taken dear mice iit this oHice, besides leaving a nund)er of private claims unsatis- tied. 1 beg that if any vessel of war or the revenue-cutter is in i)ort, they may be immediately recpiired to stop this fellow, whose whole con- duct is of the most desperate and tiagitious character. Our cutter hi'iii;i gone, this is sent by the steaml)oat in hopes that a change of wind uiiiy detain the «lisorderIy privateersman somewhere, and give o})por- tiiiiitv to bring' him to correction for his misbeliavior. J. H. Mcculloch. James Johnston, Esq. cCULLOCII. jCULLOCH. |l.jfj *Mr. McCuUnch, collector, to Mr. Craivford, Secretary of the Treas- ury. Custom-House, Baltimore, Collector's Office, March 26, 1823. 8iR: It is proper to inform you that the Colombian cruiser CJeneral i'az. Chase commander, of whose situation I had written to you August i;'). 18l'2, has been suddenly carried off from this port without declara- tion or clearance by the said John Chase, in contempt of the public au- tlioiities, and injuriously to individuals concerned. Tlie ca[)taiu had been arrested here at the suit of a foreign agent, the cai^ioon board liis vessel sold by order of court, and himself imprisoned tor want (jf bail. The vessel remained dismantled for several months, till during the hist week the captain receive*! a discharge under the in- solvent laws of this State, as is reporte«l. This was unknown to me till information came frou» the cutter that lie was preparinj^ the ves- sel tor sea. But this was done so secretly and expeditiously by a few of his otiicers and passengers that the otlicerof the cutter had scarcely started to bring the information before the privateer was under [155] full sail and running down the river. Having a strong and ♦fa- vorable wind, blowing almost a storm, she reached the capes and went to sea next morning, being followed in vain by our cutter, and, as I am informed, by the United States brig Spark, which, at my request throngh the collector of Norfolk, had been dispatched in pursuit. What has made the transaction more remarkable is the circumstance that several persons interested to observe his motions, and who were living mound the spot, were unapprised of the preparations for the ves- sel's departure, and were as ignorant as every one else ; a few ollicers liaving put her under way at breakfast time, and some men having been silently dispatched the night before iu two or three small boats to be taken on board below. irf'fW 510 TKEATY OF WASHINGTON — I'AI'ERS ACCOMPANYING It was ail additional unliiokinos.s of occurrence that the (captain aiid first otlicer of the cutter were both (confined to tlieir beds by sickiit'ss at the nionieiit. The secontl oflicer, Mr. I'hilip Marsliall, with -frcat zeal and activity, jyot under sail and pursued the fufjitive to tin; tniM's, ay:reeablv to his orders, notwitUstandiny; the boisterous season. J. H. McCLMJ.OCH. W.M. U. (JRAWFORI), ES(1. ',«:■ [1.50] *Mr. jUcCuIhch, collector, to Mr. Lowry, anrrcyor. (nrsTOM-HorsE, Baltimoue, Collector's O^tfice, AiaiHst i), }f>'2l Sir : Please to send two inspectors of the customs tomorrow inoinin^' to examine the Colombian cruiser Aj>uila, below the fort. The olijcct is to ascertain that no addition is made to her force by any new warlike equipments or enlistments of xVmerican seamen. In case such slioiild appear, you will direct the ollicers to detain the commission, «S:t'., ot'tlic vessel herewith sent and immediately report it here. If otherwise, tlicv will deliver the captain his papers, and if the cutter can be found, deliver Captain Webster the letter lianded herewith. Return if no occasion reLviivi.and, United States Court- Itouse, lialtiniore, tfanuary'.'A), IS7-. Sir: Ket'erriii};- to your letteiof January l.">, 1872, in which yon say that tilt' Si'civtary of State has re(iuesle«l yon to obtain from me a full re- port of any evideiuie I may 11 ml on the records in my otluje, or of the I'liitcd otates courts in the district of Maryland, which will tend to sliow ill what manner the United States souf^ht to maintain its neu- trality, before the courts in that district, from the year 181."> to IS.JO in- clusive, 1 resiH'ctfn'ily r«'port as follows: There are no papers or records of any kind in theolHceof the United States attorney for this district for the years stated in your impiiry. The reason for this is, that the attorneys, at that time, had no ollices, except their jjrivate ones as members of the bar, and all papers [1,V.>] *iii their i)ossession at that time are either ainonfj their jtrivate pa- pers or are lost, or are anion*'" the records of the United Stati's courts tor this district. I have had a careful search macUMimh'r my perscmal over- si;flitiii all the recordsof said <;onrts, fortlie j)eriod from ISl.") to IS.Jdinclu- sive. 1 have personally examined the papers and dockets in cases of ]ii()seeiitions (Inriiij^ those years, by libels on vessels, and by iudictments tor breaches of the neutrality laws of the United States, and I hnd abun- dant evidence from these recordsthat the attorneys of the United States tor this district, during those years, were active and dili<;ent in entbrcing those laws, by libels ajj;ainst, vessels, and by indictments, both under the neutrality act of 1818, chapter 88, and the piracy act of 1819, chapter 77. 1 tiiid that the same parties were indicted at the same tvnu of court under both laws, and tliat the i)iracies charged were alleged to have been coiiiiiiitted on the property or persons of subjects of the Kings of Spain and Portugal, and that those who had served on armed vessels, cruising against Spanish or Portuguese coinmerce., v.eie indit' tii*' United Sfiitcs tliat iiii t'Ooil is liciii}; iiiiulc at San Fiaiu'is' if any military expedition or «'nterprise has beiui bcfiiin or set on foot or any means jn-ovided to be carried from tlu' Unite«l States, to be used ajtainst the government of the Sandwich Islands, and slioiild you discover any vessel eny;a}>in^' in or carrying; on any such exiKMlition or enterprise, whether by transi>ortinei)artment will expect full and prompt information of all yoni inovonu'iits. I am, very respectfully, &c., \VILLIAM A. GRAHAM. Commodore Charles S. McCauley, Commanding United States Squad ton. Mr. Fillmore, President, to General HitchcoclCj United States Armi/. Executive CHA^rBER, November 18, 1851. Sir : Recent information, induces me to believe aud to apprehend that etforts are making and will be made to tit out, for the invasion of the Sandwich Islands, military expeditious from California, in violation of the laws of the United States and of our obligations to a frieiuliy power. Every such attempt must, if possible, be arrested; and having fnll confidence in your discretion aud ability to execute the high powers COl'NTKR CASK OF THK rNITED STATKS. 513 ich inaiinor as GKAIIAAL „uieli 1 confer, you are hereby authorized an«l einpowereil, in virtue of tlio oifr'ith section of the act of Congress of the L'Oth of April, 1818, to take all proper nieasures, antl eujploy such part of the land forces of the Unift'd States, or of the luilitia thereof, as may he necessary for the purpose of ])reventing the carrying on of any such expe«litiou or [U)[\\ enterprise from any i)ort or *place within the limits of your division against the territories or dominions of any foreign priuco or state, or of any colony, distri(!t, or people, with whom the United States are at peace. Voii will, in case of doubt, act under the legal advice of the district attorney of the United States for the district of California. I am, sir, &c., DULLARD FILLMORK. ]{v the President. Daniel Webster, Seoretarif of Utate. Brevet Brigadier-General E. A. HiTcncocK, Commamling Pacijic Division, ISonora, California. Mr. Conrad, Secrttury of War, to General Hitvlwock. War Department, yornnhcr 10, 1851. 8iR : Information recently receiveti at this Department induces an apprehension that an attempt may be made, i : violation of our laws, to lit out ami send an armed expedition against the government and jioople of the Sandwich Islands. I therefore transmit you herewith lull powers from the President of the United States to enforce the pro- visions of the act of April 20, 1818, should such an attemi^t be made within the limits of your comnuind. lOI] You are diiected to be vigilant and active *in i)reventing anj' expedition or enterprise being carried on from the United States iigainst said islands. You will endeavor by everr means in your jtower to ascei'tain whether any military expedition or enterprise has been, or is about to be. begun or set on foot, or an^' means provided to be carritnl from the I'liited States to be used against these islands. And should you dis- cover any vessel engaged in preparing for such exi)edition or euter- l>nse, whether to transport troops or arms or munitions of war, you will prevent her proceeding by seizing and delivering her to the United 'States marshal of the districc in which the seizure is uuide. Vou will, to this end, coufer or correspond with the collectors of the customs at ^au Francisco and San Diego, who have beeii directed to cooperate with you in the execution of this order. Instructions have been given to the officer in command of the naval lones on the Pacidc to co-operate with you when applied to l>y you fof tliat purpose. Very respectfullv, «S:c., C. M. CONRAD, /Secretary of War. Brevet Brigadier-General E. A. Hitchcock, Commanding Pacific Division, Sonora, California. 33 A v ft *' , > Kl 514 [168] TREATY OF WASHINGTON — PAPERS AC(;OMPANYINa Sir: In Koveinbei tit * General Hitchcoclc to Mr. Hammond, collector. Headquarters, Taoific Division, San Francisco, September 22, 1,S"j3. a, coimnunication from the honorable Secretary of War, ot 19, 1851, inclosing instructions from the Presidont ct November 18, 1851, " to arrest, if possible, any expedition or enterprise from any port or place within the limits of the United States against the territories or dominions of any foreign prince or state, or of any colony. district, or people with whom the United States are at ])eace," 1 am directed to confer with, or correspond with, the collector of this port. Under these circumstances, I feel called upon to advise you that I have been confidentially informed, from what I regard as a reliable source, that a hostile expedition is now, in all probabilitj', nearly ready to start from this port for the purpose of seizing Guaymas, in the expectation that the people of Souora may declare in favor of the invaders. If such an expedition i.^ on foot it would clearly fall within the class to be "ar- rested, if possible," and I therefore request that, if you deem it proper. your will instruct oh:i. Sir: T have the honor to inclose copies of corresponden<',e in rvlation to an expedition which it is suspected is on foot here for the purpose oi seizing the Mexican port of (xuaymas and invading the department oi Sonora \v that republic. The laws upon this subject confine my discre tion, and I have hoped that either the United States marshal or the military commander may ha\c had instructions (jonferring more ample powers. With this view, 1 have, advised them of all the fads in my po^ session, and trust they may see fit to seize and detain this vessel. Siioiilil they decline to act, I sliall not permit the vessel to leave this jiorf, Im' shall seize her, and endeavor to convict those engaged in the cxpe- |170| dition; *and, in any event, shall require a bond from the owuer.v as provided for by law. I have no special instructions upon this subject, but shall hold it my duty to prevent, if possible, any attempt against Mexi<;o or the yuml wieh Islands, to both of which countries the eves of restless men heu' are now turned, with intent of conquest. Very respectluUv, your obedient servant, KICHAKiJ r. HAMMOND, Collector. Hen. James Guthrit], Secretary of the I'rcasury, COUNTER CASE OF THE UNITED STATES. 515 Mr. JTavimond, collector, to General Hifchcocl: Customhouse, Sa:n Francisco, Collector's Office, September 30, 18r>;J. Sir: In jicknowlt'd.t;in^- the receipt of your letter of September 2L\ 18r>.}, I beg to inform you that the English-built brig Arrow, now lying at tlie loot of Clay-street wharf, is fitting up to acccinuiodate a large num- ber of men on board, aiul is snpplying herself with water and sea-stores in such (juantities as may induce suspicion to the object of her intended voyage, ^he has been in the trade between this and (ruaynuis, and is evidently arranging to make her next voyage for jmrposes other iinj than the *mere transjwrt of freight Jind an ordinary number of passengers. 1 have not been aide to ascertain that any arms have been carried on board. She will leave this port between tliis ami the "ith proximo. I deem it proper to direct your attention to the vessel, as the circumstances which attach to her may authorize your pro- leediug under the instructions of t'ae President of November 18, I8."il, referred to in your letter to myself. 1 iiiplose also a letter written by me to Commodore Dulancy, of the I'nitetl States ship Saint Lawrence, now at Acapulco. Should, you ap- |)ro\e the purpose of that letter, may I suggest that you will join in the communication to that ollicer or correspond with him by the mail to- morrow. Very re^^.ectfully, &c., IIICIIAIID r. HAMMOND, Collector. Crigadier-deneral Hitchcook, Commundiiuj. '■ the Trcnsuni. Mr. llnKmoiiil, collector, to Commodore Dulanij. [Conlidctitia!. 1 CusTOM-IIorsK, San FuANCiSi'o, Collector's <>lfice, Scptemher ;U>, 18.">;{. Sir: 1 ha\e bicn led to believe that an attempt will be n»alio of Mexico upon the I'acifu' coast. If r am rightly informed, a jtarty of lawless men are now pre- il'-j paring and litting out an ex*peditii)n to sail from tl' '. i)ort, with the intent to land at the port of (iuaymas, or at sotee other jioint "itlie Mevican territory bortlering on the (5ulf of ('alifonia. Tliev will probably leave this port prior to the oth proximo. Every 'vcrliou will be made to ascertain the name of the vessel, and to arrest ;iie progress of this unlawful expedition, but it is (piite probable that '^ leiuhM's may elude all vigilance, and succeed in getting to sea. I have '10 revenue-cutter at my command tit to render any important assistance, i'hI 1 liave deemed it proper to advise you of the facts, with a view of 'I'MUt'stiiig your presence with your vessel in the waters of the gulf. Aiiv attempt upon this coast to disturb the relations of peace aiul anuty '"'iweeu the United States and Mexico is, in my judgtnent, to be espe- cially deprecated at this moment, and I feel satisfied tlmt t^very possible fm ' |;' '*} f\i Jv 516 TREATY OF WASHINGTON — PAPERS ACCOMPANYING exertion of the officers of the United States should be used to detect and arrest those engaged in such unlawful enterprises. I may be permitted to call your attention to the laws of the 30tli April. 1818, in respect to this subject. Very respectfully, &c., RICnAKD P. HAMMOND, Collector. Con)modoi"e Bladen Dilancv. fl73] *uMr. Ilommond, coltectot; to General Richardson, United St'iten marshal. Customhouse, San Francisco, Collector's Office, September 30, 1853. Sir : 1 have the honor to inform you that the brig Arrow, now lyiu;; at Clay-street wharf, is preparing and titting out for a sea-voya^^e! under circumstances which are calculated to induce a suspicion thjit The is to be used to convey an armed force from this port against tbe cit; zens of the Mexican Eepublic. I am also told that .you have received some communication from tlio American minister in the city of Mexico, and are probabl.v prepared hv that and other instructions to endeavor to arrest any expedition tittiii'; out for such i)urpose. I deem it proper, therefore, to direct your sittention to the above named vessel, and to signify my readiness toco-operate with you to piu vent any infraction of the neutrality law-s of the country. Will you be pleased to inform me as speedily as possible what coiusi .vou shall determine to pursue. Very respectfullv. &c., llICilAllD P. HAMMOND, Collevhw. General Wm. H. Richardson, United States Marshal. '■,'■» -a* |l74j *,lfr. Daris, Secrefan/ of War, to General Wool, United Stak A rm\j. War Department, Washington City, January I:*, ISol. Sir: In addition to the ordinary duties of the military command t which you have been assigneil, it is deemed proper to direct your atteii tiou to certain special duties which will devolve upon you. Auion? these will be the duty of maintaining our international obligatious by preventing unlawful expeditions against the territories of tbit'!s:i powers. Confidence is felt that you will, to the utmost of your ability, use a!! proper means to detect the fitting out of armed expeditions against countries with which the United States are at peace, and will zealously CO oper.ate with the civil authorities in maintaining the neutrality lawN Very respectfully, vour obedient servant, JEFFERSON DAVIS, Secretary of W(ii'- Brevet Major General John E. Wool, U. S. A. COLTT^TER CASE OF THE I'NITED STATES. 517 United State-'i Mr. Cushitifj, Atforney Genera], to Mr. Inge, distrkt attorney, California. attorney-Generai/s Office, January 10, 1S54. Sir : 1 am directed by the President to call your attention to the sev- eral acts of Congress for the preservation of the neutral relations of the luited States, more especially to the acts of March 3, 1817, and April 20, ISIS, Avhich prohibit the organizing or fitting, within the \]'o\ ''Jiiited States, of any expedition, military or naval, against the territories of any government with which this Government is at peace, and subject all engaged in such acts to punishment as for a high uiisilomeanor, besides authorizing the employment of th<^ i)ublic force lor the prevention and arrest of the same. The President has regretted to perceive that persons iu California are charged with engaging or intending to engage in such unlawful enter- prises against the territories of the Mexican rei)ublic, with which this rt'iniblic is in amity, and, justly solicitous to maintain the honor and the fjood faith of the American Government, as well as to see to the execu- liou of the laws, he expects you to exercise the utmost vigilance in the (li'tei'tion and prosecution of all acts within your o^licial district in vio- lation of the neutral obligations of the United States. 1 have the honor to be, ike, C. CrSIIING. lion. S. W. INOE, CnitccJ iSfate.s Difttrict Attorney. ble what coium By the President of the United Stittes. A rR0('LA:MAT10X. I, United Staht AVheroas information has been received by me that an unlawful ex- pedition has been fitted out in the .'^tate of Califn '. .vith a view ilTtij to invade ^Lexico, *a nation maintaining frienn , ' iiions with the United States, and that other expeditions aie organizing uitliiii the United States for the same unlawfid purpose ; and wlr teas wrtain citizens and inhabitants t>f this country, unmindful of their obli- gations and duties, and of the rights of a friendly power, have partici- pated, and are about to ])articipate, in these enterprises, so derogatory to our national character, and so threatening to our tranquillity, and 'hereby incurring the severe peiuiltics imposed by law against such ot!eu(lers : Now, therefore, I, Praidclin Pierce, President of the United States, have issued thisnjy proclamation, warning all i)ersons who shall con- nect themselves with any such enterjjrise or exi>edition that the pemd- tiesof the law, denounced against such criminal conduct, will be rigidly enforced, and I exhort all good citizens, as they regard our initioiud character, as they respect our laws or the laws of natic 's, as they value the blessings of peace and the welfare of their country, to discountenance, aud by all lawful means prevent, such criminal enterprises ; id I call upon all ofl&cers of this Government, civil and military, to use any "1 efforts * which may be in their power to arrest for trial and pun- ishment every such otfender. Oiven under my hand and the seal of the United States, at Wash fi- w^^fw^fwr^ m.? »18 TREATY OF WASHINGTON PAPERS ACCOMPANYING iugton, this eighteenth day of January, iu the year of our Lord one thousand eight hundred and fifty four, and the seventy-eighth of tbe independence of the United States. [L. s.j FKANKLIN PIERCE. By the President. W. L. Marc/, Secretary of State. Extract from the rreshhnt's message. Washington City, December 4, 1851. It has been my anxious desire to maintain friendly relations with the Mexican republic, and to cause its rights and territories to be respected, not only by our citizens, but by foreigners who have resorted to tbe United States for the purpose of organizing hostile expeditions against some of the States of that i'ci)ublic. The defenseless condition in >Yhicli its frontiers have been left has stiuudated l:;wloss adventurers to em bark in these enterprises, and greatly increased the ditticiai\ ol' flTSj enforcing our obligations of neutrality, liegarding *it as my solemn tluty to fulfill elMciently these obligations, not only towarli Mexico but other foreign nations, 1 have exerted all the powers with which I am invested to dc^feat such criminal proceedings and biinjj to punishment those who, by taking a part therein, violated our laws, The energy nnd activity of our civil and military authorities have Ails trated the designs of those wijo meditated ex])editions of this character, except in two instances. One of these, composed of foreigners, was at first countenanced and aided by rlu' Mexican government itself, it iiav ing been deceived as to their real «)l)iect. The other, siupjl iu number, eluded the Aigilance of the magistrates at San Francisco, and succeeded in reaching the ^Mexican territories ; but the eftective measures taken by this Government compelled the abandonment of the undertaking. Mr. Cushiuf/, Attorney-Ch'neral, to Mr. McKeon, district attorney. Attorney-General's Office, April 25, 1855. Sir : The Secretary of State having referred me to your letter of the L'4th instant, with its inclosures, I have tak.ii the directions of thcPresi ) you to institute legal proceedings against * Colonel Kinney and the steamer United St.ites, provided, in your judgment, the evidence accessible will suftice to afford probable cause. I have the honor to be, &c., &c., C. GUSHING. John McKeon, Esq., United States District Attorney, New Yorl-. P. S. — Since writing the above, I have seen the letter of Mr. Fabcu.s in the New York Herald of yesterday, which seems to require that lie be proceeded against e(]ually with Colonel Kenney. 'ING COUNTKR CASE OF THE UNITED STATES. 519 ur Lord one igbtb of the riEKCE. her 4, 1851. ions with the be respected, sorted to the itious against ition in which itnrers to cm e difticali) of iig *it as my Mr. Gushing, Attoruey-Gencral, to Mr. McKeon, district attorney. Attorney -General's Office, May 25, 1855. Sir: I am directed by the President to inclose to yon the within communication, addressed to Captain Boarnian, containing proper ii'ithority for the detention of the steamer United States. As the authority thus conferred is of a high and responsible nature, it is not in the present case to be exercised, except it shall appear to you that all ordinary legal means tojtrevent the depaiture of the United States shall have been exhausted. Captain Boarmanhas been directed to advise with you in whatever he shall have occasion to do in jl80J the *executiou of this order. The President has authorized the present proceeding under the .sense of his general obligation to take care that the laws be faithfully executed, and in discharge of his particular obligation to prevent the fitting out within the United States of any hostile expedition against foreign States in amity with th? United States; and he cannot in this case entertain any doubt of his duty to interpose, in view of the fact that the parties now stand indicted before the district courts of the United States for th? southern district of New York and the eastern district of rennsylvanl:i, on the charge of being engaged in a military enterprise against the republic of Nicaragua, in the prosecution of which they have chartered the steamer United States. I have the honor to be, verv respectfullv, C. CUSHIM). Hon. John McKeon, United States Attorney. ilSll * Mr. Cushiny, Attorney-General, to the President. Attorney-General's Office, August 0, 1855. Sir : I have the honor to submit herewith the considerations of law applicablo to the <'nUstment of trooi>s within the United States by the liritish government, in so far as the facts ai)i;earing in documents before ine concern the j^ersonal action either of the British minister or of the liritish consuls in the United States. There is no room for doubt as to the law, municipal or international, legarding the general question. In the tirst place, the act of Congress of April 20, 1318, contains the foilowiug provision : Sec. S. A<]d ho it further ruactctl, Th;it if iiiiy person shall, within the territory or r:ri.s(lictiou of the United StiitpH, enlist or enter hiin.Helf, or hire, or retain another per- >"ii to enlist or enter himself, or to ^o beyond the limits or Jurisdiction of the United States with intent to be enlisted or entered into the service of any foreijrn ])rinco, Htate, I olony, district, or people, as a soldier, or as a marine or seaman on board of any ve.s.sel of war, letter of marqne, or privateer, every person so offendin}^ shall be deenn-d {jnilty of a high misdenieaMor, and shall be tined not exceedini; one thon.sand dollars, aud [152] be impri-soued 'not exceeding three years. — (:'. Stat, at Large, p. 44ri.) Of course, as the levy of troops within the United States for foreign service is forbidden by law, no such right has, by your ])ermission, been given to Great Britain. To the contrary of this, the Briti.sh government was expressly notified, by letter of Mr. i\i ,.rcy to Mr. Crampton, of April -3, 1854, that enlistments in the United States would not be permitted 620 TREATY OF WASHINGTON — PAPERS ACCOMPANYING 'I il^ & -- iJ'#'^ either to Great Britain or to Russia. — (Ex. Docs. 1st session 33il Con yress vol. xii, No. 103, p. 5.) In the second place, independently of the municipal relations of the acts in question, they constitute, whether they be the acts of the British government or of its minister and consuls, a violation of the sovereigutv and of the neutrtil rights of the United States. The rule of public law is unequivocal on this point, and is concctly stated by "NVolff to the effect that, since the right of raising soldiers is a right of m.ijesty, which must not be violated by a foreign'nation, it is not permitted to raise soldiers in the territories of a state without the con- sent of its sovereign. — (Jus Gentium, 747-753.) The following passages of "Wolff are translated, ascomprolieud- r 1831 ing the whole question in all its * parts : InasDiucii as to liiiu v,ht ! a" the lij^lit of war bt'loufj;s tlio riylit ul" oMlistin;^ suldicis. cousequently the lifiht of ciui tiiijj fiokliers is intimately conuectfd -with tlio iij,'litiii war ; and as tlio ri<;iit of war jicrtains to the chiss of rights of sovcroigiity, the ri^'lit di enlisting sohliers also ]»ertains to rights of sovereiguty. — (Woltf, Jus (idiliiDii, s.T47.) It is not lawful to enlist sohliers in foreign territory without consent of its gdvinn- nieut. ^ ' Since it is not lawful to enlist sohliers in foreign territory witliout coi;- sent of its government, if any person ]»resnnie to do so, Ik; violates the law of iiiitii)i>, and wrongs the local sovereignty; and as this Avrong is a crime if eoniniittf'd by an alien, and as aliens guilty of crime in a foreign country are punishal>le acconlini; tn the local law, hence, if an alien iiresnme to recruit soldiers in a foreign territory witlioii; consent of its government, being ajtiirehended, he may he i>nnished. Whoever recruits troops in a foreign territory against th'' will of its govcniiiciit, m Avithout the permission obtained, either does it without the knowledge of Iris own [184] government, or else by its command wr its implied "approbation. In tlieliivt case, a crime is committed by the individual recruiter, l>iit no wrong has Ijfci; done on the part of his sovereign ; but, in the latter case, since tlie so\oreign wLam the recruiter serves, i)articipates in the crime, that sovereign violates the law of nations, and the wrong done by him is to be disti'.iguished from the crime v.hich the recniittr commits. It often happens that considerations of policy exist, which induce the iujuri'd [laity in such case to dissemble the international Avrong, and, therefore, to imnish the uuuii- cipal oftense of the recruiter with more severity, as a warning to otheis. Tin- alisti';i"t right of society to punish crimes is intinite and limited to a i»arti are lawful, if crime cannot be repressed without them, it is not to be doubted but that they who undertake to levy troops in foreign territory without permission of its gov- ernment lirst obtained may be coerced with capital imnishment. It is in the liii;lii>r degree contrary to the public security that an alien should enter the teriitoi/ot [165] a foreign *country and there levy troops at will, whether he abduct the inlialii- tants by clandestine force or by mendacious persuasions. Of course, it is neitlkr unjust nor harsh to jiunish this crime by hanging, as it is not unknown to have been provided in some countries. — (Ibid., T.'iJ, 754.) Kidnaping (or man-stealing) is the surreptitious abduction of a man from tli" authority to whicli he is subject. * * * It is man-stealing, or kidnaping, fur (in government surreptitiously to draw away the subjects of another " '^ ' for its luili- tary service. — (I bid., s. 755, 750.) Whoever, by fraudulent contrivances, surreptitiously draws the subjects of aiiothei f;overnmeut into acts of war, outrages tlie sovereign power of such government. ' * f this be done by comm.and or permission of a foreign government, the latter is respon- sible for the wrong ; that is to say, it is to be understood as a wrong done by nation tu iiatioQ. The magnitude of this wrong fails to be comprehended by those who have no idea, or at least not a clear one, of sovereign rights, and especially of eminent power, .ind who do not, therefore, rightly appreciate the gravity of any foreign violatiouot [18G] the territorial rights of sovereignty. Even if the 'local sovereign have no juris- diction over the foreigner, Btill the latter is not for that cause to violate at will rights which are of the solo competency of the local sovereign. If it were otherwise. we should have to concede that any man may do what he pleases against the rights ot another if he be not subject to the hitter's authority. How absurd this would be, and how diametrically opposed to natural right, no man can fail to see unless he labors under gross ignorance of all natural rigut, and has become destitute of all couinion sense or what ho would not have others do to himself. And, for this reason, it is not COUN'I -^R CASE OF THE UNITED STATES. 521 presumed of any government that surreptitious enlistments for its military service bave been carried on in a foreign country with its will, unless that will manifestly appear, or the veritied fact shall overcome the contrary presumption. Meanwhile, although the foreign agents who carry on surreptitious recruiting; in a country per- iKjtuate this man-stealing by their own sovereign's authority, they are not the less amenable to animadversion, for they ought not to have obeyed commands of [187] their sovereign .vhich were against natural right, since malefaction "does not cease to be sn ,h because perpetuated by command of a superior, nor will the excuse of unlawful ( oedience to another convert into right what is acquired by uiale- I'iiction. Since a government iiillicts national wrong on another, if by its order or permission the personal or material instruments of war be stolen from the latter for belligerent use, such acts arc a just cause of war. » » » * It is not intended to say that whenever the instruments of war, personal or material, have been surreptitiously procured for belligerent use, either by command or by consent of the sovereign in whose behalf it is done, therefoie the injured government must of necessity declare war, l)ut only that it may well be received aniung the justificatory causes of war. Nor is the cause t)f war removed, if the guilty agents of the crime shall hiippen to have been punished. They indeeil have suffered the just i)enalty of the crime they committed: but that does not satisfy the wrong done to the uationiil sovereignty. — [Ihkl, s. To'*, 759.) The same ideas are found ill Yattel; but lie i:eed not be quoted at length, as he does but copy or abridge ^^'ol&■. Klubersays: [1S8] *A state entirely neutral has the right to exact, even by force, if necessary, that belligerent powers do not use its neutral territory for the purposes of war ; that they do not take there arms, munitions of war, and provisions and other immedi- ate refinircnients of war, for their armies; ihat Ihy do not mcJ:c ^hcrc any milUary amamcnt.'t, eirhcr nuvUmcnt.s of eoUcctioiis of Irooptt; that none of their troops, armed or unarmed, puss through, &e., &c. ; that they exercise there no act of lioiLtility against the persons or property of the subjects of the hostile state ; that they do not occupy it militarily, or make it the theater of war. — {Dru'it tUa thus ntodcrnc dt V Europe, s. 585.) G. F. de Marteus says : While, in case of rupture between two natior.'^, a uoitral state preserves the full enjoyment of its territorial rights, it can, in the altsenceof treaties, prohibit during the war, as in time of peace, any )iassage or sojourn of foreign troops, and much more forbid the occupation of its fortresses, the recruiting, mnsteiing, and exercising troopn; and it may use force against those who shall attempt to violate the prohibition, — (/'/■c'cis da Droit dtx Gens, s. oil) Galiani says: [189] All governments are *accustomcd to ])rohibit, under capital penalty, any for- eigner to make military engagements or nrriiits n'ithin thir t(rritonj; in doing which they do no more than to sustain and defend a natural right, and one inherent in every sovereignty. — {iHi Doreri dc Principi Xcufrali, p. o'J.*.) The sovereign, who leaves his subjects at liberty to engage ; ,.emselves in the service of a foreign belligerent, Avill not therein be wanting to his neutral duties, provided it hivs been customary with his nation ; if it has been usual in time of peace ; if it accords with the physical and political condition of the country ; if, iu line, he practices iu- iliffereuee and impartiality, not denying to one belligerent what he concedes to the other. But, if a .sovereign has not been accustomed to allow his subjects to enlist in the military or naval service of other governments, it may well be doubted whether he luay, for tlu! tirst time, do it on the occurrence of war between two states, each of which is in amity with him. I am not prepared to say that in doing so he gives equal- ity of advantage and facilities to both ; there might be inequality in the need of the belligerents ; for, perhaps, one of Ihvm, cnffi ring from dijicienqi of men, would dcHve [lyO] precious and powerful xuccor from such permission, while to the *other it teould be useless and superfluous. In my opinion, therefore, this question comes within die general rule of essential neutral" duties ; that is, to continue in the anterior condi- tion, it being lawful to persevere iu what has been usual, but unlawful to innovate. — (Ibid., p. ;}',>9.) Hautefeuille says: The duties of belligerents may be summed up in very few words. The belligerent ought to abstain from the employment of all such indirect means to molest his enemy as, in the accomplishment of their object, would tirst injuriously affect a neutral 'm' f T-IPBT 622 TREATY OF WASHINGTON — PAPERS ACCOMPANYING l! '•\ £>' f!^ •,» nation. He ought to reHpcrt, in tbo mo.st complete and absolute manner, the iudeiioiid- eucc and hovereignty of nations at peace ; in a word, ho ought to treat them in tlio same manner as if the most profound peace continued to prevail. Those nations, in fact, are at peace with him, fulfilling strictly their duties of neutrality ; they have tliB right to enjoy the advantages of their position, and to be exempt from all tiie evils of war; the duty of the belligerent is to abstain from the infrin/rament of this rijrht. Thus, neutral territory ought to be held sacred and invictlable by nations at war ; tl'iew last ought not, on any pretext, nor in any manner, to make use of such territorv to [191] subserve their purposes *of liostilities, directly or imlirectly. The jiassage of .armed troops, the hvyhig of xoldiem, Ac., &r., without the consent of the sovor- oign, would constitute an ottense against the sovereignty of the neutral, and a viola- tion of the duty of tiie belligerent. — {Droiti et Devolr>i rf<» 2^'ationn Nciitre-i, toni. i, 'Mi 313.) Ah to the territory of neutral nations, theorourrence of hostilities makesno change nor modification of their rights; tiiey remain inviolable as in time of peace. Their territory ought, then, to be sheltered from all enterprises of belligerents, of wliatever natiiri' they may be. The consequences of *var ought never to be felt by them directly ; th.it is to say, no act of hostility .should be committed .igainst them, under auyj^retext. Belligerent nations, in this resitiict, have only tlu' rights they jjo^sessed in time of peace, because war never injuriously aftects nations at peacp. belligerents cannot, then, in any case, without the permission of the sovereign, use neutral territory, I do not say directly, for the operations of war ; but cannot even make use of it for any advantage whatever, to the prejudice of their enemy. This permission cannot In- granted to them by the neutral without viol.iting his duties. [192] The principle of the inviolability of the territory 'being admitted, the conclu- sion, as absolute as the ])rintiple it.self, follows : that a belligerent has lu) ri^lit to use neutral territory, in any manner whatever, without the i»e.rmission of tbe neutral nation, sovereign of such territory; and cannot, therefore, lery troops tktri', and niarcli armies through it, iVc, without tliis permission. The neutral has the incontestable right to resist every attempt the belligerent may make to use his territory; to oppose it by all the means in his power, and even by force of arms, in the same manner as a citizen has the right to defend his jjropcrty by all the means placed at his disposal by the law to which h(^ is subject. ~(/i;rf., toni. ii, pp. 48, 49.) ByRiqueline: It is also a violation of the rights of neutrality to entice enlistments in the neutral state, without the authorization of its government ; because the right to levy troojjs is inherent in the national sovereignty. But, on the other hand, a government which grants this authority ceases to be neutral, because it supplies to one of the belligert'iits the principal element of war. — {Dcnrho Fttblko Intcniadonal, tom. i, p. 144.) Citations to the same effect might ho miiltiplietl from the woik.s [193J of the jurists of *coutiiiental Europe. I do uot perceive that this doctrine is explicitly produced in any of the books of international law published duritiff the last few years in Great Jiritain. Possibly their silence on this point may be caused by the policy of their country, which, under the kings of the house of Hanover, has frequently relied upon foreign recruits in time of war. However this may be, some of the English works referred to recognize the right of every sovereignty to the supreiue use of its own territory and resources, (Wildman's International Law, vol. i, p. 01,) but without adverting to the present logical coD.seipiences of this right. xVt least, one of them discusses fully the collateral (juestiou whether a state loses its neutrality by permitting foreign levies, and concludes, prop erly, that if it be permitted to one it should be permitted to each of the respective belligerent powers. — (Manning's Law of Nations, vol. iii, cb. i.) In this connection the same accredited English writer considers and confutes the assumption, crudely and erroneously taken up iu Great Britain, that some doctrine to the contrary of this is to be found iu Vattel. — (Peudergast, Armv Law, p. 44; ?'(?«., Navv Law, vol. i, V- 13L) [194J *The truth is that Vattel, as already stated, maintain.s unequiv- ocally the doctrine that there can be no foreign recruiting in a country without the consent of its government. He says expressly COUNTER CASH Or TIIK INITED STATES. 523 that all such unlicensed foreign recruiters are lidnapcr.'i, and Justly *' punished with the utmost severity in every well-regulated state." — [Droi/ lies Gens., liv. iii, ch. 2, 8. lo.) ^siy, he admits the general rule that the neutral should not furnish assistance to either belligerent. — {[bid., liv. iii, ch. 7, s. 110.) liut Vattel was a Swiss, of Neufchatel, and he labored, in this matter, under the patriotic necessity of extenuating, as he best might, the ignominious capitulations of the Swiss cantons for the supply of nu'rceuary troops to the other states of Europe. IJut, in this case, he has enough of conscientiousness to say that there must be strict impartiality, or at least contracts of service anterior to the war. Mr. Manning, in an elaborate review of the whole subject, concludes thus: Foreign levies may not bo allowed to one belligcrctit while refused to bis antagonist, consistt'iitly with tbe diition of neutrality. When treaties, flH^•trrf('H< to war, porniit such exclusive privilege, then * * no conij)laint of l)reaeh of neutrality can be maintained by the excluded pa:ty. But when no antecedent treaty exists such [195] a permission would be a violation of neutrality, ''.he })rinciples of which demand the strictest abstinence from assistance to either party, and, of course, will not admit that exclusive privileges, in so important a particular, should bo granted to one belligerent. Nor have the customs of Europe, derived from the i)racticcs of the middle ;i;;es, established any usage that prevents this (]uestion from being settled in accord- iince with the hi(!ed on the fact that Bynker.shoek maintains the right of piivate or voluntary expatriation, even for the purpose of foreign military service. But he doe.s not express nor coun- tenance the thought that a foreign belligerent may recruit soldiers in a neutral country without tlie consent of its sovereign. On the contrary, he exhibits in full the legislation of the United Provinces, accord- [196] ing to which it was a capital offeuso to make *enlistmeuts in the countrv without the consent of the b^ites-General. — {Qiuvst. Jur. rublie!, lib. \,^c. 22.) Besides, Great Britain has, in her own legislation, sanctioned and adopted the rule of public law, by enacting that if any i)ersou what- ever, within the United Kingdom, or iu any part of the dominions of Great Britain, shall hire, engage, retain, or procure, or shall attempt or endeavor to hire, retain, engage, or procure any i)erson whatever to enlist, as an olli(;er, soldier, sailor, qr marine, either on land or sea service, for or under or in aid of any foreign prince or government, or to go or to agree to go or embark from any i)lace in the British dominions for the purpose or with the intent to be so enlisted, entered, or engaged, rts aforesaid, every person so oftending shall be deemed guilty of a misde- meanor, punishable by tine or imi)risonment, at the discretion of the court having jurisdiction of the act.— (Act of 59 Geo. Ill, ch. GO.) We, in the Uuited States, acting iu the sense of natural right, and following the rules of public law as explained by the jurists of conti- uental Europe, asserted and established this doctrine at a very early period, iu opposition to the undertaking of the French government, [197] through *it8 minister, M. Genet, to man or equip cruisers within the United States. — (Mr. Jeftersou to M. Genet, June 17, 1793. American State Papers, Foreign Affairs, vol. i, p. 154.) And our judicial text-books are full and explicit ou the same point. — (Wheaton, by Lawrence, p. 498 ; Kent's Com., lee. 6.) s-r m r^w"^ 524 TREATY OF WASHINGTON — I'ArERS ACCOMPANYING uK 1 It is obvious to the most superficial reflection, that no «listincti(»ii ol principle exists in the levy of a military force in the neutral country, as between the land .and sea service ; antl if (heat Britain may raise within the United States volunteers for her land service, so Ilussia may raise them for her marine service, that is, may tit out privateers in our ports; and, indeed, if we grant or permit the former jjrivilege to (Ircat Britain, we must, in like manner, in order to be impartially neutral. concede the latter privilege to IJussia. And it is e(pial!y obvious that orcigu recruiting must not be forbid. den or permitted under the intluence of any assumed national sympa- thies or antipathies. Individual or national preferences are iiuitc im- material in such a question. The United States cannot, either hnvfuliy or honorably, ])ractice a simulated neutrality; nor can a dissein- |198J bled alliance be claiuied or *expected from us, either bydroat Britain or by Itussia. From the well-established rules and principles of law, then, it is plain to conclude: 1. The acts of enlistment in question arc contrary to the municinil law of this country, and indictable as a high misdemeanor. 2. Those acts, if ]iermitted to one belligerent, must be perniittt'il to all, in observance of imj)artial neutrality. 3. Being against law in the United States, and therefore not permitted to Great Britain, if undertaken by her as a government, they aflord just cause of war, being diiect national violation of the territorial sov- ereignty of one nation by another. Jr. Whatever agents of the British government, whether official or unofficial, acting voluntarily or by orders, have i>articipateil in sudi acts, are not only guilty of a criminal infraction of the statute law, hut. also, in the language of Yattel, of violating one of the most sacred rights of the nation. 1 presume that if, in the i)resent ease, the British minister iuiaginos that the acts performed under his direction were not contrary to the municipal law, it must be on the ground that the recruits wnv [199] not completely enlisted in *the United States; that is, did not here in all form enter the military service of Great J>ritain. That assumption is altogether fallacious. The statute is exjjress, that if any person shall hire or retain another person to go bci/ond the limits or juris- diction of the United States, ivith intent to be enlisted or entered into the service of any foreign state, he shall be deemed guilty of the dclinod misdemeanor. It is possible, also, that he may have suppose*! that a solemn contiact of hiring in the United States is necessary to constitute the otfcnso. That would be mere delusion. The words of the statute are '• hire or retain.'' It is true, our act of Congress does not expressly say, as tlie British act of Parliament does, " whether any enlistment money, pay, or reward shall have been given and received or not,'' (Act 59 i'to. 111. ch. 09, s. 2 ;) nor was it necessary to insert these words. A ]>arty may be retained by verbal promise, or by invitation, for a decared or known purpose. If such a statute could be evaded or set at naught by elab- orate contrivances to engage without enlisting, to retain without hirinjr. to invite without recruiting, to pay recruiting money in fact, but under another name of board, passage-money, expenses, or the like, it [200] would be *idle to pass acts of Congress for the punishment of this or any other oft'ence. However this may be, and if such were the thought of the British govern !nent, it has not been succesfuUy carried out; for, on the evi- COUNTER CASE OF THE UNITED 8TATES. 525 (ItMice before ine, ineliulinj; the general iustructioii.s of the British min- ister Jiiul hi.s direct corre!s|)()jHleiice witii reeruiting-otiieers in the United States and others, my opinion is positive that the parties have made tlieniHelves amenable to the penalties of the statute, and may be con- victed before any competent court of the United States. It is further to be observe(i, in conclusion of this brancii of the sub- ject, that, whether the acts of the British minister and his agents, in rocniiting troops within the United States, do or do not come witldu tiie technical provisions of the acts of Congress, is altt)gether immate- rial to international right, as between this(iovernment and that of Great Britain. If, by ingenious evasions of the letter of a penal statute iu- teiuled only for private malefactors, the British government should, nevertheless, levy troojjs here, the fact of the statute being thus de- feated and trampled under foot would serve only to augment the public wrong. [L'Olj *Suppose, for instance, that the British government shall have said to its otticers, civil or military, in the British North Anuui- Ciiu Provinces, and to its diplomatic or consular agents in the United States, "you will proceed to raise so many men in the United States; but remember that to do so is forbidden by the municiptil law of that country, and is indictable as a misdemeanor; you will, therefore, take care to proceeil cunningly in this, so as not to incur the penalties of the statute." Such instructions, while they might have the eflect of raising the troops, as desired by the British government, without its agents incurring the penalties of the statute, would but constitute a more Ha {jraut and aggravated violation of the national dignity and the sovereign lights of the United States. Suppose a foreign government, by circular instructions to its dip'io matic and consular agents in the United States, instructs them to oij^auize a system for evading the revenue laws of the country. In such case would the international injury be any less if the contemplated evasions should be successfully perpetrated.' Or, if the government of an adjoining country send hither agents, under tlie immediate [20l*] superintendence of its minister, to *counterfeit the coin, circulate base coin, steal, rob, or commit any other offense, with depots on oui frontier to facilitate the commission of the crime and utilize its pioeeeds: Should we be satisfied with the reply, that in all this our lawa had been successfully evaded l)y the careful instructions and ingenious devices of the foreign government and its public functionaries in the United States? ileyoud all this, it would seem that the legal advisers of the British j;overuinent conceive that the otiicial agents of one nation may right- fully do, within the territory of another, anything which is not by the domestic statutes of the latter declared to be a municipal offense, in dictable as such before the courts of law. If such an idea be entertained hy the British government or its law-ofttcers, certainly it is a mere de- lusion, i»ossible to exist oidy in minds shut up in the narrow sphere of the technical common law of England. How insular that law is, and how defective the knowledge it imparts even for the purpose of domestic, and still more of foreign, admiuistra- tiou, the jurists of England themselves have too frequently had cause to observe. — (See, ex: gr., Phillimore's luteruat. Law, pref., p. xi; Chitty's Prac., i)ref., p. v, note.) 1-03] Nothing can be plainer than the position that the objects of the municipal law in such a case are domestic only. In constitutional governments it confer,3 on the executive in the particular matter powers W' ' ^"^ 526 TK'KATV Ol' WAS11IN(;T()N PAPKRS A((()M1'A\YIN(J ii :■)■■ I; i*l-> m : I, m -p. 'I''- '-■ 'J.V.' whu;h he would not othorwi.se jiossi'ms, and it provides thi^ means of ro- pressing;' all acts of individual persons, whether foreij;n ajjents or not, which niay contravene the policy or infrin;»e the rijihts of the coinitry But tlu' municipal law cannot reach the foiei<;n sovereijjnty, by whose orders th«' individuals in (juestion, if j)ul)li(! a^';ents, act in violation oi the local soverciij^nty. Yet, is not the forei;,'n sovenM^Mi, as sovcrci<,Mi, the (iliief wronji' (loer ' And is tlu^ wroiij,' to be redressed in no way ex- cept by punishinj;- the subordinate a^jeuts of the wron^r, if there hii|i])t'n to be any numicipal law to reach the case.' And if there be no sinli law, is the injury to jjo unredressed.' Clearly not, for governments in their international acts are directly responsible to governments. But the radi(!al alisnrdity is in assuming tiiat a foreign government may lawfully do on the territory of another government, or cause to be done, anything whatever, which 's not made penal by local statutes. This assumi)tion is altogether groundless. The law of nations i^; [L!()4| "international, not domestic or municipal; it is the niscmhlc ot international conventions, usages, and received o|)inions,aiilc(l, in case of need, by the doctrines of abstract justice and of universal rciison. It is not restricted to the bounds of acts of I'arliament or acts of Con- gress. International right would be reduced to a singular condition in- /ire»'.vf>, that the attempt to make m: t of gross ^national aggression on any such enlistments was an the United States. When a foreign government, by its agents, enters into the United States to perform acts*in violation of our sovereignty, and contrary to our public policy, though a(;ts not made i)enal by municipal law, that is ;i grave national indignity and wrong. If, in addition to this, such for- cifjn government, knowing that penal statutes on the subject exist, de- liberately undertakes to evade the municipal law, and thus to baffle and bring into disrepute the international administratisty's tbrces," but which was in fact a bill to authorize the government to em- ploy agents to carry on recruiting service in the neutral states of Europe and America. The law was earnestly objected to in its progress as insulting to neu- tral states and derogatory to the national dignity, but was passe imlictment for infraction of the nranicipai law, and have proceeded accordingly, ])rosecution.', having alreatly been instituted in the southern district of Ohio iigainst the consul at I'-'llJ Cincinnati, and in 'he southern district of New York * ai;aiii{.t an olUcer of the consulate of New York. Nothing is better settled b,v ...Ijudication in this countiy than that foreign consuls are siiii;ieet to criminal i>rocess tor violatio:i of the munici|ial laws, — (United States vs. Kavara, - Dall., -!>7 : Mannhanlt n. Sode-stroui, 1 Bin., 1H: CiMiiinonwealth vs. IvuslotV, 1 Serg. & li., r)4"i: State vs. Dr la Fcnvt, l' NiJ^tt and Me,, -JIT.) These ailiudieations are iu <'xact conformity with the I.-'^' of nations ia regard to <'c)nsnls. as understood and practiced not less in Great ISiitaiii than in the other states ol' Cliiistendoai. — '^See ((iilv, p. IS; also Iveiit'.s Com., vol. i, J). 44 ; Wheaton's I'M. l)y Lawrence, .'JO.').) The only [U'ivilege whirli a consul enjoys in this respeet in tlie United States is that awarded ti> him by the Constitution, of being t'-iedi'V the Federal co\irts; tlie elfeet of wliich is, tlrat his ease remains within the control of the General(io\ernn>ent, wlreh may deal with it aecordiii/ to the convenienee or the exigencies of its fore un poli(!y, without imped iment from the antlunity ot any of the individoal Spates of the Union.— (Const,, art. iii, .see. "J ; act oi' September 24, 17.SI>, sec. 1>, 1 St:it. at Large, p. 77.) The consul at Ciiu'innati, as ap[)ears by the h'gal [)roeee(liiij; ['JI2J there, sni>poses that he is *entitled to the benelits of certain peni liar stipulations in the consular «'onven*^!on between the United Statues and France of Feluuary L'.">, IS,");;, If it wen? so, that would not serve him on the main point, becau.se it does not exenji)t consuls rrom the criminal jurisdiction of either of the contracting governments. I»'it lO'OUNTEi? CASK OF TlIK IMTKl) STATKS. r)2H Bs CO mm it toil, e consuls ami ly tli;r.i that atio'i ot" tlic \IannlK)n[t n. -. & If., ">4'«: within tlic I. it iiceoidiii,' it hunt imiH'd {■ tlu' iruioii.— St;it. atLarj;iS iliisroiivontion lias no applic.Uion wlmtcvor to the consular relations of (Ireiit Uiitiiin and the uniteci Stau^s. Whether it applies or not to oovenimont>< witii >vhich we have entoied into si:i|)ii!ations to place our respective (;onsulson tiu'* t'ootinj;' of the most t'avjred nation, is a ques- tion ii-* yet uiisi'ttied. But i'lere is no «^ipulaiion of that nature in t'xistoiice, as hetween (rreat Britain and the iJiiited States. Of course, tliciliities and the riiflits of AiniM-ican consuls in (rreat Bri' .in, and of llritisli cons'.'.ls in tiie I'nited States, stand ui)on the law of nations, f\('i'lit as the same is modiHed by their ireatie:. ami l>y the local law of citlu'r country. Tiie local law of eac^h, as we have seen, withholds from cdisnlsthe (iiplomatic! privile;;!^ of exterritoriality. A British consul, thoret'ere. Ins no just ie to thi* eriminal jurisdiction of the L'nited States. jM] In addition to those ordinary means of redress *in tin' case of the miscoiMln shall, in tlu^ usual ft)r>i, be appioved ami admitted by the ^im'niinent to which he is sent : and * * in case of ille;;al or im- inopcr conduct toward the laws of the j;-overnmcnt ..f the country to wliicli lie is sent, su(di consul may either be punishci ae(tordinjj; to law, if ilii' huv will i'ea<'h the cas^-, or be sent bac.k ; the olVcnded jjoveru- litiMt assiyiiin^' to the other the reasons for the same.'' — (.Article IV.) This con vent n)n, i)y its terms, was to subsist only four years. By -Hi a snbs('(pient convention, *tliat of October -!>. ISIS, its durati(»n was jtroro^ued ten ye;irs. (.Vrticle I\ ,) and afterward, by thecon- • iitiiMiof .'Vnjiust <». lSi'7, Ibr another ten years, and until denounced '\ cither party o»i twehe months' notice. I'lir the rest, the stipnlatif)ns of the convention of 1S1."». as <'ontini'aMl !i\ the conventions of iSlS and ISl'T, are but dei-laratory of the law of itions, as that is nnderstoixl both in (licat Britain and the United •!;itcs. I;i ri';;iir(i to the minister, it is clear, if he \iolate the laws of the p'ov- iiinicitl to which he is acci'edited, or otherwise otVend its soverei,y;nty, iii'ic is no renu'dy except in the maniu'r and form prescribed by the l:t\v of nations, lie enjoys e\enii>ti or reason, he shall lose his priviicj;e, "I* Met if he oU'end against a positive law of any I'calm." — (Kolle's U., '• lo"*,) Xo su(dt distinction between mala proliihifa and ninla in hc, as resp«'crs endiassadms, is now admitted, ai'd their exterritoriality •l»! is the *uiianimous doctrine of all publicists, and is reeo^ni/.cd iu 'n i'.ii}iland,as it is in tlu- Uniti'd States, by statute ic whole (pu'stion is learnedly discussed by Wildman. whose views U A ^.r 530 TREATY OF WASHIXGTOX — PAI'KKS ACCOMl'ANYIXi; U fit .*-■ ■11 ll> ii! are in accordance with those of (Irotins and Uynkershoek, wliit h uou prevail throughout Christendom. — (Institutes, vol. 1, i». *MK} JJut the privllef^e of exterritoriality is not conferred on a i)ul»Ii<' min. ister as a shield to crime. For any crinu's which he nuiy coimnit the remedy varies according" to the natuie of the case. As to ott'cnses af^ainst the miinii-ipal law of tlio (iountiy, c(»iiiiiiitt((i by a forei};n minister, or other i)ers(»n entitled to tin; privilc;;^ of dipln inatic exterritoriality, we have a statute wliieh d«*clares that any writ or process ayainst tliem, issued by any (!ourt. is utterly null and void,— (Act of April .'50, 171)0, sec. L*."), 1 !Stat. at Larj-e, p. 117.) And rliis imniu uity of ]>ublic ministers has been the subject of Judicial r('co;^iiiii(iii jn several instances. (See irjijtcd States rs. Hand, U Wash. ('. ('.];,. 4.'{.">; United States r,v. Li«idie, /7/<.7., j ).-()."» ; ex parte Cabrera, /"/*/(/.. ]i, 2.'W. See also Wheaton by Lawrt^nce, ]>. L'^ii ; Kent's Com., vol. 1. p. 3.S; ()i)ini(Ui of ^Ir. Attoiiuy v'lener.d Lee, of July 27, 171>7.) 1'he casesof criminali*^y on tiiepartof a [)ublic minister iiiiiyln [21(1] (list in finished into the *lollowinj>; classes: 1st. If the crime comnutted by tin' minister alfcct indi\ jiiiiaiN only, (th'lict . prirata,) the {.'.overnnient of the cctuntry is to demanil recall; and d' his j^'overnment refuse, to recall him, the goveniineiit the country may either expel him by for(!e or brinj;' him to trial as ik loufjer entitled to the immunities of a minister. — (Kluber, Droit ihs OcHH, sec. 211; Ch. de Martens, (inldi' DipUmtnt'tiiHe. torn. I, [>. SS.) 2d. If the cringe atfect the public safety of the country its jiovcin ment may, fin- ur;^'ent cause, either seize and hold his person until tin danger be passed, or expel him from the t-ouutry by force : for the sattt, of the state, whit-h is superior to other considerations, is not to he |itr lied by overstrained regard for the privileges of an enii»ass;i(lnr.— {Ihid.; see also Kent, vol. 1. |). ."iS; Seliooner lv\change rx, Md'addcii. I (/ranch, lHi~i;»l).) Inched, it has been held iu such a case, in Ijighiiiii that the offending party may be ])iocceassador compass aiiil intend tleatii to the King's person in the laml wheic he is. he lany I" condemned and executed lor treason." — (Ifcx r.s. ()\vcn. luiiic'sl,',. [217J 1'. ISS.) Ibittlial . Com., vol. I. p, liiiistcr may !m- IV'ct iiidiviiliial^ ; t«) (U'liiaiiil !(i- g<>v«'niiu('!it (ii 111 to trial its im lIut, Jh-()H (/'.v 1. I, I.. 88.) I try its ;^ov('ii! tersoii iiiilil t!i> ; lor tlic salet;. is not to 1h' |Mi t'iiil>assa(lnr.— '".s. Mcl''atlrocee the itnittcr adiiiifs of iliiv, lifst to jlt'iiiaiid ills ifcall liiit tiilH is ji iiuTf .'let ot' ('(niitt'sv, which ;aiM()t ))(' ex|i('ct('il on occasions of iininiiicnl peril, 'i'lic disiiiiss.il ot" an cniliassador ill siiL'li occasions is not an assiimiition of Jurisdiction, Itiit ;i measure of s<'lf-dcl'cn.»i which no one has ever denied to h<' leiral iu I lie ease of endiassad.i If •.M'.i] an "einliassadnr use force he ni.ay he reiteiled liy fore Whi-n Mii'danjioi' is imniineiit, an cniliass.-idor may he seized as a iioUlic enemy, nia.v he iinpris- uiicil, may lie )yut to death, if it he indi.spensahly lo.'ces^ary lo our safety. — (Wihiiuan, hiKlitiilcs. vol. I, )>. 1 II.) Oil the whole, tlu^ case of the T^»ritish minister, regarch'd in the light of ostablislied rules of the law of nations and diplomatic usage founded tliorooii, would .seem to resolv(^ itself into, first, a (piestion of strii^t rijrlit; and, secoiidly, ol" discretion in the exercise of that right. It clearly is not a case alfeetiiig tlie .security of the slate, and thus needing . I. JI),) Count <-yllenbeig iu (iieat Ibitain, Foster's Crown J^aw, i>. 187,) and many other ca.ses ol" histmieal and ii';i;al notoriety or interest. No a<'ts of violence are imputed to the liiitisli minislcr, nor any purpose or fuct tliieateniiig to the. national staliilily of the rnileil Stales. Wiiat is charged against liini is eondnct iiiiliroper iu a public minister, illegal as respects the municipal law, in- jmioiis to the iialioiial sovereignty, if stiflicicntly shown, it re- -L'Ol (piires to be repres.-;cd *iii siieli a manner as cllcrtively to vindi- cate the public honor. Of strict right the President may, as the l,>ii('(ii of Spain did in the case of Sir Henry Ibilwer, snid his jiass- pnits to tilt' Ibitish niiiiisler, wiili iiit inial ion to leave the <'oiintry with- iMit delay; or he may well, in his discrctiini, adopt the milder course, ;is President Washington did iu the case of M. (leiict ; that is, after ilVdiiliiig to the Ibitish miiiisfci' ojiportiinity of ex|»laiia!ion through itii' St'cretary of Stale, I hen, if his explanation be not satisfactory, to •Ictiniinl his recall of the " been chartered by Henry L, Kin ney and Joseph W. Fabens for an allej;fed military expedition aj;ainst the republic of Nicara};ua, undertaken in violation of au acjt of Con gress. — ('5 Stat, at Largfe, pp. 447-440.) It is undeniable, therefore, that, assuming the service charged lor to have been performed b}- these parties as charged, reasonable coinpoii sation therefor is due then« on the part of the IJnited States. Before examination of the accounts is entered ujjon, however, it is necessary to determine to what department jurisdiction of the siihjot't belongs. I think you have rightly conceived that the accounts are not of mat- ters chargeable by their nature to the appropriations for Judicial [2:i2j *exiH'nditures, and, therefore, not of the resort of the honu' dc part men t. Inasmuch as tin' orders for the s^'rvice emanated from the Deparl ment of State, and were issued for the inaintenaiute of the neutrality o!' the United States, it seems ver}' clear to nu' that the a<'counts arc chargeable to appropriate funds placed by law at the disposal (»f tlif Secretary of State for objects of foreign relation. I have theretbre inclosed the papers, with a co[>y ol' this the Secretary of State. I am, very respectfullv, ('. (n'SlllNC. Hon. TiORERT McClelland, Secretary of ihv Interior. opinion, t' [223] *Mr. Cnsltinf), Attornet/General. to Mr. MeKeon, ilistricf ntfoniey. Attornev-Geneual's OFI'ICK, Septnnhrr 10, 18.m. Sir : 1 have the honor to inclose lu>rewitli a coi)y of a dispatcli liom the Jlritish minist«M' to the Secretaiy of State, and ot lettei's aniiexiMl, alleging that troo[)s have been • f-ruited in New York by the Acee.ssi)i,\ Transit Company for service in the state of Nicaragua, and to reqiu'si you to investigate the fax^t, and if, oji such investigation, it sliall ai' pear that any such recruitments have been niade in violation of law, then to institute criminal proceedings against the ]»arties concerncMl. I am, yours, &c., &c., C. (^rSHlNd. Hon. John McKeon, Attorneji United IStaten, Neiv Yorl-. u *■ ( olNTr-R CASH OF THE UNITED STATES. 633 lis opinion, t<> (nsiuNr,. ■trirf iiffonicj/. Mi: Cicihtiifi. Atfonu'ii-Gcncnd, io Mr, Vaib Dyke, United States at- tornt'fi, I'ltilaih'Iphia. Attorney (J kneij al's Op^fice, September 12, lH~)o, Sill: In r*'l*lv to .your Icttor of the lOtli instant, on the snbject of the iiiilic'tiiu'nt.s iHMulini;' a;4iiinst persons elnirjied witii reeiniting for the militiuy service of Great Britain, I have the honor to nnike the foliow- iiijj observations : Mr. .McKeon has been advised of the desiraWene.ss of conferring with you i)ersonally, either by himself or his assistant, in re};;ard L!l!4i to new *evidence, to wliicii he may liave access, and wliich cau be useful to you. 1 siin'^est the i)roprie(y of tryinj;- only iicli tlcinands of public redress ami satisfaction in the premises as the nu- tidiial honor requires. JJut the government of Great Britain, with ex- inionlinary inattention to the 'rrave aspect of its acts, namely, the tlajjrant violation of our .sovereign rights involved in them, has supposed it a siillicient Justilication of what it has done to reply that it gave in- stmclions to its agents so to proceed as uot to infringe our municipal laws, and it quotes the remarks of tludge Kane in support of the idea iliat it has succeeded in this purpose. It may be so. Judge Kane is an upright and intelligent judge, and will pronounce the law as it is, without fear or favor. lUit if the British government has, by ingenious foiitrivances, succeeded in sheltering its agents from conviction as iiialelactors, it has, in so doing, doubled the nuignitude of the national wrong inflicted on the United States. L'L'."»j *Tlns Government has done its duty of internal administration in inosecuting the individuals engaged in these acts. If they are a('(|iiitted by reason of a deliberate undei taking of the British govern- iiii'iit, not only to violate, as a nation, our sovereign rights as a nation, imt also to evade our inunicii)al laws, and that undertaking shall be 'oiisiiiinnated by its agents in the United States; wiien all this shall iiavc hceu Judicially ascertained the President will then have before liiiii the elements of decision as to what international action it becomes tilt' I'liited States to adopt in so imi)ortant a matter. 1 auj, very res[»e('tfullv, G. GUSHING. .I\MF,S G. VAX DVKE, i:s(|.. I'niteil Slates Afloruii/, J'lill'(>(ili>hia. ^li.Ciishiiii/, Attornei/demral, to Mr. \aii Ds/kr, I uited States attorney^ I'liiladelpltuc. .VTTOUNE V -G ENER al's OFFICE, Septetntier 17, 1855. SiK: I desire to i;>ake a, further suggestion in regard to the trial of iiartit's chjTged with pM'ruiting soldiers in the United States for the ■*<'rvic(> of Jie British go 'ernment. It is kn )wn that instru«**^ions on this subj«>et were given by that gov- mwv ? 534 TRKATV or WASHINGTON' — PATKKS AfCOMPANVING If--" ornmt'iit to itsolUcers in the United Statos. We are told by Loi,) [L'lifl] Clarendon tliattlioseollicershad "strinj^t'nt instrnetions'' soto*|)r(). ceed as not to violate the mnnieipal law, that is, to violate its spirit, bnt not its letter. If so, the instrnctions themselves violate the sovereign ri<;lits of the (Jniteleaded not guilty. JI«'re follow the names of the Jurors. The inilictments were similar in their character, and related t(» tlw hiring of dillerent persons. The following is a co[)y of one of the indictments : Tn the district court of the United States in and for the eastern district of I'ennsylvania, of May sessions, in iheyear of our JiOrd one thousand eight hundred and lilty-live. Eastern District of Pennsylvania, .v.v .- First Cot'xXT. — The grand incpu'st of the United States of Anienni. in«|uiring for the eastern district of Pennsylvania, upon tluir [L'L'S] oaths and altirmations respectively, *do pr(\sent that llciuv Hertz, late of the district ah)resaid, yeoman, and Kmanuel C. Per- kins, late of the distri(!t aforesaid, yeoman, heretofore, to wit, on the t wen- COUNTKR CASE Of THE I'NITED STATES. 535 ursiiiN(;. ciiiisvlvaiiiii. ivliitcfl to tin tictli (Iny of Kobniiiry,iii the year of our Lord one tlionsaiul eijilit limulred iiiul titty-live, in tiie district aforesnid, and witliin the Jurisdiction of this court, witii ihiw' and arms. ht hundred ami tifty- tivo, at the district aforesaid, and within the territiuy and jurisdiction of the L'nited States, and of this honorable court, with force and arms, (lid hire and retain William liudd to enlist and enter himself as a sol- dier in the service of a Ibreiyn prince, state, colony, district, and peo- ple, to wit, the service of Her Most Gracious Majesty the Queen L"2!»l «>f (treat IJritain and Ireland, *contrary to the form of the act of (^onjiress in such case made and provided, and against the i>eace and dignity of the L'nited States of America. TiiiiM) Count. — The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and atlirniiitions resi)ectively, do further present that Henry Hertz, late of rlic distri<*t aforesaid, yeoman, and Emanuel C. Perkins, late of the dis- trict aforesii id, yeonian, heretofore, to wit, on the twentieth day of Feb- iiiiuy, in the year of our Lord (me thousand eight hundred and llfty-live, atthcdistrict aforesaid, within the territory anudd to go beyond tlie limits and Jurisdic- tio'! of the ITnited Slates, with the inteut of him, the said William I!udd, to b(^ enlisted and entered as a soldier in the service of a foreign pviiiee, state, cohmy, district, and people, (contrary to the torm of the act (»f Congress in such ciise made and ])rovided, and against the peace ;iiid dignity of tin' l-nitetl States of America. Tot IMII Count. — The grand iinpiest of the United States of Ameri- • 11. iM(|niring for the east«Mii district of Pennsylvania, upon their oaths and allirmations respectively, do further present that Henry Hertz, -tlfl| late of said district, yeoman, ami lOmanuel *C. Perkins, late of the distri(rt aforesaid, yeounin, heretofoie, to wit, on the twen- tieth (lay of February, in the year of our Lord uuv thousand eight hun- dred ;iiid lifty-tive, at tiie district aforesaid, and within the territory and jinisdi<'ti(m of the United Stat<'s, and within the jurisdiction of this lioiiMral)!e c(»urt, with forc(? and arms, did hire and retain William Iludd to K<> heyond tiie limits and jurisdiction of the United States, with the intent of him, the said William Piidd, to be (>nlisted and enteietl as a soldier in the service of a foreign ]>riiice, state, colony, district, and people, to wit, the service of Her .Most (Iracious [Majesty the (i>ueen of 'ireat IJritain and Ireland, contrary to the form of the act of Congress ill such case made and provided, and against the peace and dignity of the United States of America. Fimr Count. — The grand impiest of the United States of America, iiiresent that Henry Hertz, late of ^iiid district, yeoman, and Emanuel C. Perkins, late of tlie district albre- "*ai(l, yeoman, heretofore, to wit, on the twentieth day of I'Vbruary, in the 53(1 TKKATY OF \N ASiilNGTOX J'AI'KIJS A("(()MrANYIN<; 7! .1 •' hi if year of (uir Lord one tliousniul oij-Iit huiHlred juul lif'ty-l've, nt the dis trict iifoiosaid, witliin the territory aiul.jiirisdicttion of the United States a.nd within the jnrisdiction of thi.sconrt, with f«)reeand aims, dji! [231J hire and retain *\Viniarn lUuUl to ^o beyond the limits and jinis eoi)le, to wit, in the service of llei Most Gracious .M,aj»'sty the (^ueeu of (Ireat IJritaiu and Ireland, the said Henry Hertz and Haianuel ('. Perkins, at the time they so hired ami retained tlie said William IJudd to go beyond the limits and jurisdietidii of the Uniter iiiari|iit'. ii'('ij;ii iiriiic;'. )f tiie act (if H' ixMi'i' and eil States (It ^iviinia. upon lert/, late of listriet aforc- Fe biliary, in y-live, at tin- f file IJiiitcd with toi'fc le limits and :iia siihjectoi ill the i'liited liy vessel of fits arrival and the said itizeii of Her ami Ireland, iml <'iiterinj; 1 hoard siicli fates heiiiii at i'cu of (ireat _^ress ill sadi of the United )VKi:. ,1 ('. \■A^ DvKi',. osq., attorney for the irnitws : May it please the eonrt : (lentleim'ii of the jury, it is a fact whicdi will he jinlieially notieed hy this eoiiit and jiiiy, tliat dnrin<; tlie year IS.')"), as for some time previous, the (Jrinu'a has lieeii the sit«5 of a saii- liuiiiary ami melaiieholy eonlliet between some of the most powerful na- tions of the fi'lobe. That eonlliet has been eondiiefed principally by the I'.rifish, I'^reiich, and 'I'liiks on om^ side, and by Ifiissiu on the other, aiul lias become part of the political and le;4al hisiory of nations. It is not iiii]iortaiit for ns to impiin^ into the cause of this eonlliet, nor is it iit'ccssary for us to trace the various military or jiolilical maneuvers by which it has been conducted, much less to «'ndeavor to ascertain or spi'ciilate as to the probabh^ result of an attack on the part of the L'.'U] allies *pi()duciii<>' those misfortunes to the Ibitish government which they have eiideavor«'d to retrieve by a violation of law ill tliis country. We do not d('ein it in any de<;ree important to tln^ American people that the combined foi'ces of Southern l-jirope should lie sticeessful a.uainst a siii<;le nation ol" the North in maiiitainin}j her iisserted rifihts. hi this free and republican country, the lioim; ordaineh ilio jtopular juilse in this country is manifestly a{»ainst all war which iirifjiiiates in the desire to ]»erpetiiate or extend any other than a repub- iiciin form of j;()vernment, yet a proper repinl for our national integrity forbids us to tolerate, on the jiart of those residinlied and treaty oblijiafioiis require us lirmly Hid faithfully to maintain an iiii])artial neutrality. I>y prudeiiee and an entire ^^ood taitli in obseivin;^' the position of an iidciK'iideiit neutral nation we increase our own happiness and pros- I't'iity at home, and secaire to oursehcs the ri^ht to demand a proper i'i'!-overiinients in violation not only of the ^^('llscttled laws of nations, Imt alsoof hi<;lily [lenal statutes.it has ever »l "' Am ^' 'im 538 TRKATV «)F WAsniX(iTON I'AI'EK.s A((OMrANVlN(} Immmi lOfjanliMl by AtncriciUi stiit»'sin«Mi as a eanliiial t'lcmciit in Aiiicri can tliploniacy. The iK'iM'lits of a strict observance of nontrality are to«> j;rcat and too many to bo cnnnicratcd in the ti'ia4 of the issnc which I am alxxit to |)icstMit to you. SntHcc it to remark that, so y;reat are those hciic l'J''ili\ fits, that from thebe;;in*ninfjof oiirllovernmiMit we have coiisid i'l'cd ittlie «Uity of every vesiih'nt in tiii-s<'onntry, whetlier niinistt r phMiipotentiary, «ronsul, or private (Mtizen, to in(|nire the chanii'tcr ami extent of our laws upon tliis sul>ieet, ami carefully ti» observe tlicm. No one residing here has a riuht to violate the national soverei;;iity ol the LTnited States by setting those laws at deliance, by the perpetriition of acts deroj^atory toour (!hariiet<*ras an independent, ini|>artial, nciitnil nation; and any ne<;'le<;t of this ibity ren(h>rs him amenable to the laws of the land. As an example of the early feelin;; of our (lovernineiii upon this subject, Mr. V. read the proi!lamation of President Wasliim; ton, in ITO.J, in relation to " the war then t'xistinj; between Anstri;i. Prussia, Sardinia, Great JSritain, and the Netherlantls, on the one jiart. and France on the other, statinfi»ro flioiii;1it lit, l)y tlicso incsi'iits. to dftlan- tin- disufisition of IIk- I'liiteii States to ulisiTVi! tluuHMidiUit alorcsaid toward those poweis respeelively, ami tocNlimt ami tt> warn tlie citizens of tlio I'liited States eafefiilly to avoid all nets and iinicicil in>;s whatsoevei' wliicli may tend in any manner to eontraveiit; Hneli dis|i of nations, by combatting, aiding, or abetting hostilities against any of the said |io\v- ers, or by carrying to any of them those artii ' which are deemed contraband by the modern usage roclaimed in this messafjc. no doubt produced in 17!>4 the i)assa (Jeo. II, eh. 30, sec. 2, and L'1>, ch. 17, sec;. '2. Mr. Van Dyke then referre«l to the various acts of Conj*ress wliicli lia«l at ditterent times been enacted for the purpose of imi)osii)fi' piiiiisli ment ui)on those who should violate the national sovereijiiity of tin United States by interferiiio- with the rij;hts of b«'llij;('rents. The act of fFune o, J7!H, ch. r»l>, punishes any citizens of the T'liitiil State.s for acceptino" and exercisiiiji' a commission to .serv»> in any w;ii. on laml or at sea, in the service of any foreij;ii piiiuH' oi state. [23S| and i)rohibits any *person within the territoiy or Jurisdiction oi the IJnited States enlistiti"" or enterino' himself, or liiiiii;;" or iv tainins: another |)erson t(* enlist or enter himself, or to j;o beyond tlu' limits of the ITnited States, with the intent to be enlisted or enteicd in the service of any foreio'ii priiu'e or state as a sohlij-r, or as a niariiu'i. or .seaman on board any vessel of war, letter of manpie, or privateer, and forluds the tittinj;" out or attemptino' the Uttin,ic out of ships ol' war. within any of the waters of the United States, or procurinji' the same to be tlone. This act also forbids any per.son within the territory of tlie United States increasing" or aujfmentiu';, or i>rocurin*j the increase or augnuMitation, or knowingly being concerned therein, of the force of aii.v shipof war, cruiser or other armed ves.sel of any foreign i)rince or state. or belonj?ing;to the subject of any foreign prince or state, the sanu> l>eiii« ( (JINTKK CASK OF TIIK I MTKI* STATES. ').'{{) cut ill Aiiicri it war witli iiiiy other fon'i;;ii ]»i'iii('(* or stiit*' with wlioiii tlic Unitt'd Stiitrs arc iit in'iicr. Si'clioii r» prohiliits all persons within tlic territory or jnrisdielion oC tlu> IJnitiMl States to lu-j^in or set on toot, uv provide or pi-epare the iiit'iUis tor any military expedition or enterprise, to he eariied on troni tiiciice a}iaiiist the territory or dominions of any forei;;n prinee «)r state, witii whom the ll'iutcd States aie at p«'aee. Section (i makes tlie (»tl'ens(>, indietahh* in the district court of the L'liited States. Section 7 authoii/cs the President of the I'niteil States to «Mn- j;;i)| ploy the armed forces of the I'niled States, to prevent *the com- mission of the otVi'nscs dc<'liired aj^'ainst liy the neutrality laws of tlit> railed States. Section H authorizes the President to use the armed tor<'es of the I'liited States to compcd the departure olany aimed slnp«)tany toreij,ni priiice, in all eases in which l»y tlu^ laws of nations or the treaties of the L'liiteil States they ou^'ht not to remain in the Tnited States. This a(!t was to continue in force foi- two years, or until tin' next Con- ;'i't'.s.s thereafter. Iti 17!»7 the act was further extended for the period lit' two years. Oil the 24th Ai)ril, 1S()(), Conj^ress, hy an enact menr, made the act of 17!tt pcrpt'tital. The m'xt enactnu'Ut was ^rarch .5. 1S17, ean i)owers. "Peace with all nations, «'iitan<;liii;4' alliances with uiiiie" has ever i>een the motto, not only of tlu^ (rovernment imt of the ]»eo]>lc of this country. L'tOj IJy adopt in jn' and strictly observing' this just and fair *piilicy, the United Stat<'s has in times of intensi^ poliii(*al excitement, and lilooily and disastrous warfare in other countries, cultivated jieace with ill! nations, and secured at all times national rei)ose and commercial I'lospcrity at home and respect abroad. l>y fullilliu}; with a strict im- liiU'tiality our neutral responsibilities toward bclli.uercnt j>owers, we liavo in times past avoided the disasters which have befallen other free ^'overninents, and, by continuin;^" so to do in the future, we wilh-ontinue al>ie to present to mankind an examph' of rc[)ublican inte;4rity worthy '•f imitation by the civilized world. -. Tiiey ar(^ important, because, fiom their jx'culiar similarity with rile iu.'t of ISIS, under which these defendaftts now on trial arc iii- ilieted, we are enabled mori' fully to (;oiuprehend the ineanin,i»: of tlu^ several Judicial «*onstructions which have been ;;iveu to them, especially ill ciises of ju'ize, and to ascertain the liearinji" of such construction ui»on tlieact of ISIS. Ill ISIS the CoiiftTCSs of the United States felt the iini)ortance of iviiioih'ling the law u[)ou the subject of American interfereiKM', in dis- I'utt's between foreign nations, and in act passed on I'Otli Ai)ril, which lepeals all former laws upon the subject, adopt<»d a most wholesale liw, which, thouj;>ii varying; somewhat from former eiiaetments, is the "fame iu all essential imints. Mr. Van Dyke referred to this act at 540 IK'KATV «»l' WASllINii'mN I'AI'KUS A( (OMI'.WYINO j-i:- -^ leii<>tli. riic (1( rriMliiiits iii'(> indicted iiiiilcr tlu* |>r(>vi.sioii of t)i)> xcmikI s»'cti<»li of tlii.s ;icl. 'I'lit' ;;r;ilid Jill.v liavf found Mt'\rl;il itills n\ [24i| indictini'iit ii;;;iinst tlirni *for tlit^ various violations of tliis law. wiiicU si'CMi to tlicin snsr<'|»lilil«' of tin* most rasv proof. If will be «»I»sciv«m1 tliat tlu* fiiin" nn-ntiont-d in tliis siMMiini (•i!sk in tini doinf;' of varions acts. \un will he inst inctt'd l»y tin- court tliai ,Vou must lu> satisfied of rcrt.iin propositions wliich it will Itc nivdiits ti> subinif to ,vonr considcralion. First. It will Itc necessaiN lor tlie (loverniurni to satisfy you tliat ih act ('(unplaincd of was c(nniuitt"d within llic territory of tlie I nitcil States. Second. That the del(>ndants, or either of theni, enlisted or eiiiercd himself respectively in the ser\ ic«' of a foiei;;ii prince, slate, coliiii). district, or people, as a soldier, or as a mariner or seaman on hoiinhiiM vessel of war, letter of mar<|ue, oi' jn ivatt-er. Third. That tlu^ defendants, or either of them, liii'e«l or riiiiiici another person to enlist or enter himself in such servi<'e. Fourth. That tlu^ »lelendants, «»r either of them, hired or leiiim,, another person to no heyoiul the limits or jurisdiction of the liiitcii States, with the intent to l»e enlist«*d oi- entered in such service. Upon the llrst point 1 remark that, if from the evidiiice you are siti lied that the acts complanied of were not committed within the liinitsu! the United States, and also within theJimitsof tlu' jurisdiction of tlii- i'ourt, whi«'h is houtuled hy those counties ttniuin;;' the eastern districi of Pennsylvania, it will he your duty to ac(juit botli llie df [L'H'I *fendants on all the hills now laid heloic you. Upon this poiii!, liowever, ;;entlemen, I think you will have no troui)le. The cvi denec will be eonelusive that whati'ver was done by the defendants \v;i- done within the eastern distrii-t of Pennsylvania. Upon the second point you are relieved from any inquiry, there ht'in.: no eharf^e in the iuilictment that the defendants, (u- either of tliem. cii list<'«l himself iu any foreijju service. llavinj-' found, however, th(3 tlrst point in favor of the (loscrniiR'iii, your iuvesti<>atious will be directed to the third and fourth p(tiiils nl iiupury, viz: Did tlu' defendants, or either of them, at the various tiiiic- speeili»Ml in the various bills under eonsideration, hire or retain any (i: all of the persons mentioned to be enlisted or eiitereil in a foreiyii sci vi(!e, or did they hire or retain any or all of the i>ersons mentioiuMl in these bills to <;'o beyond the limits of the Tnitetl St;ites, with the iiitciit to be eldisted or entered in such forei;;u service.' If either, (U' both, tlnii you will Ibid them,or eitlier of them, <;uilty on such counts in the indiit ujent as are ai)pllcable to the facts upon whicli you base yourconchisioiis. The court, 1 am of opinion, will inform you that the intent mentioiicil in tlu^ act rel'ers to the intention of the party enlisted, hired, oi- letaiiiod. Not that such an intent must be an absolute d«'t»'rminatiou to ealist wlu^n arrivinji' b«'yoiid fhe limits of the I'nited States, but the criim -charged ajjainst the defendants ix'inj;" the hiring' of some other pi'rstwi. which other ))erson must have the intent, it is sutlicient |L;n»iinil |li-13J for eouviction, if, *from all the testim<»ny, you are satislied tlia" the defendants, at the time thev so hired or retaiiusl anv otlioi ])0,raon, belie\'e;entlenien, you will have no ditliculty upon many of the bills, as 1 sliatl bo able to prove to ycuir entire Si»tisfactiou, lirst, that the defeiuliuit Hertz thoujifht the recruit had siieh intention; and, s(»eondly, tlnU tiie (■(UNTKK r\HK OK I HI. tNITKIi STATKs. 541 I oi vci.iiiii'i' iit'i'iiit vit>w«Ml tlic iioliticiil policy of our (iovrniiniMit, ,iiiil tilt' liiw )i|i|)1i(Ml))(' to tlic pirsriit |)rosi'ciitioii, |M>riiiil me to ciill vtmi iitti'iitioii to tlu' tiM'ts MS I shall In- aide to jticsi'iit tliciii to your M>rii)iis coMsidiTiitiou. So lai' us a|»|>liculil*' to tlir ])i'os(>ciitioii, tlu'y aro ,.,isily uudi'istooil. 1 have saiil that tlir war In tin- Crirnca was (-(uulurtrd Ity tlic nritlsli, ririK'li, iiiid o|h(>r iiati«)iis. as allies, a;^'aiust the siu.^tlc power ot Itu.ssia. 1 have said that tlu> coiiseipieuces of that war iiad iieeii disastnuis to ;li(' l>esie;{iiijLi: parties, and that the si;;iis of the times iiulicated a still laiuv huiuiliatiii;;" fate. The I-uylish army having: met the most seri( UlS iosst's, the ;;o\erniueiit of (Jreat IJiitain, in dire<'t violatiiui of lier duty lowanl tiH. aud with a design of luisleadiiijL:' those residents of the United. .•>tar('s who did not fully comprehend tlw nature of our laws, devised a plan for the purpo.s(> of partially rejiainiu;;' the position aud Lil] standiu},' whit-li, in the alMciu-e of the proper •exercise of tlu' advaiu'ed military e\perien<'e of the i\ter plenipoteii- '■ "'r Majesty, assisted hy se\«'ral a;;t'nts of the llritish yoveiii- in the teiritory and Juri.^li<'tiou of the Cnited States; and ;i;uy lit He iiiciit. withii. , ., , I think that you will Ite satisfied that Mr. Cramptiui thus acted with he kiiowled^ic and appi'ohation of his ^i'overninent. II ■' ■" ■ ^ ,., ^ 'I'll is hi;;h fiiintiou- u\ of that yoverument maile contracts ami a;;feemeuts with certain ifisitiis known in tiiis country as al>le and eflicii nt oHicers in the various niatlicts which ha\(' recentl.\ taken place on the continent of Murope. flu* |»artics thus <'ontiactcd with weic to commence a system of iccruit- iiu' iiicM within our territorial limits. There will l>e examined liefore .nou two or three individuals who were 'a;ia;;('d in carryiuy out this plan, and who, on various octtasions, had iitt'vviews with .Mr. Crampton. and with him adjustetland perfected the iirouraniuu' lor this enlistment. Mr. Howe, Sir (laspai'tl Le .Marc.haut, iovcnior of 2s'ova Scotia; Mr. Wilkins. his secretary; .Mr. llarclay, the I'litisli consul at New York, and other Uritish representatives in power, ilsi» assisted in and dir»'cted this tlainiaut violation of our law. ill the perfcctinji' of this general (lesijiii, Mr. Howe came to I'hiladel- phia. aud endeavored t<» make an arran^^ement with Colonel Uum- l)er w ell known here for *maiiy years as one of the jmblishers of the (ierman Democrat, aud now known as one of the editors '•! till' (Ierman Adopted American, published in IMiiladelphia aud Potts- illc. Mr. Howe l)rou;;ht to this ;i('ntleman a proclamation, wlii(;h will K'.siihinitted to you, calling' for enlistments within the llnited States to >tivi' ill the foreign legion, then formiii'.>' at Halifax. Colonel Kiimherj'' >vii.s at first pleased with the jjiopositioii, and felt ' 'iK't Mr. Hertzaud Mr. Howe together at .lones's Hotel, he |)ul»lislu'd the I'loclaiiiation in his paper for 31 r. Hertz. Ananjiements were made by Mr. Howe and Mr. CramjJton with the ''''t't'iidaiit Hertz, who, for them, nmU'rtook the enlistment of men at his >tHw, which he opened for that i)urpo.se, sit <».S South Third street. Mr. 'Iwtz published and i)aid for the proclamation lor these recirnits in *iUious newspai>ers. That proclamation was si<^ned by Lewis M. Wil- mij ry\-J: ■| I.M'.AI V (IF W \sniX(-T<>X lAlMlUS A( ( * iM PAN VI .\( ; kills, sccictuiA ol' the proviiici il ;4'<>vormi)('iit oi" No\a Scoiiii, .iiid cjilN ll|inii iKTSoiis t(» tiilisf ill liir (uicijjiii it';ii<>ii. jL'4(»| *\^'li!U' tliis iiiulH'r was ;^(>iii<;()ii,('i< tliisliuM. lU'ss, Ml'. ( 'iai!)j»ti»ii ti*lit Alt'. Slidhfl that he liad wiiltcii to liis Iiuidc ;;"ov«'niMu'i^' I'lMthr itmposr of N'arnin.'i what anan^iciiM'iits slioiilii h,- tna(l(^ in tliis coniiti V lor enlist ini; soidii-rs, and had not yly: hn!. as soon as he i«-cfivcd it, he wonhi h'l him know, A sUm\ time al'tcruaid ii«> wiotc hini a note, int'orniinu him thai he liad nM-civcii tin*' !('i)Iy. and was jinpaicd to i-ntrr into ta" or.'jH'r avrani;(Min'ii!s tor ranyin;;'' on the enlistment. They met foj>'ether. and Mr. Slrohel (nc pared lor him a |dan wldeli lie liad de\ ised lor the piirpose of rt'ci aitiii'^ men in the l'nit<'d Slates, and taUinj;- them heytmd onr Innders to serve in tlu' " Ivuioa." The plan, with sctme alteiations, was adojited l»y Mi, ( 'rair.pton, and .Mr. Sli olii-l was sent throii.uh the lar^e cities (»!' tin- I'nited States to estahlish various reernitin;;" olliees. I yive the niust ]>ronrnienl facts, merely vnnniiii;' ovt'i- them as l>;iell\ as possible, .\ttci !.a\ iii^' first L'one to New York, he came to I'hiladelphia. and met .\li. Jb'il/. who was tiien eny:a;:(Ml enlisliii;n men in this <'ify, and who hixl ;i number alr.'ady mi listed. Mr. I left/, had, up to the i! It h of Maicli. |li47 i (Hie li mid red men w hie! i Mr. S|.roi»el was to iaKi- to ilalifax ; and *u!, tlu'l'oth ol .March thev sailed in tlu^ steamer heiaware, boiind W tbat phiee These mi'ii wi jvware w i lllOllt seveiitN li\e men, iheresl ha\ iiii;' deserted belwr (lie t iine of hirin;.:' or etiL;a;.;<'iiin I he t'ollou in;;' Wedn'-sday, .Mr. ib'i: had nia tii the ad mini miration at NN'ashinj^i.in, the me. ins for stoppin;;- it ; and all> [I'lSj Mi. Ibiddwith his i'oinpany had embarkeil iVoin Tine si reel, oi bonid the steamer Saiilcnd. b( ini'. tnrnished M»v .Mr. Ilerl/ "i!" ilee tickets for a pa ssa"»' to New York, where the\ were to ui' lilH others from .Mr. Howe !o take them the rest id' the jonrne,\, and 1 protres.sed as fai as ti;e »■ i\ .\ yard, the I ailed Slabs niarshal, Imimm. it wairaiil, went on boar*! and anested the w hole company, and hioiiuli: tliein to IMiiladelphia, w here the parlH's w ho had assisted them, t unci In with the papeVs in Iheirodiee, wete taken in c'iar;.;e. That Mr. licit/ nas eii^iajii'd in willtnlly violatinji the law is pioMil b,\ .--everal cireiimstanees connected with the ease. I !a had the pnn'li Illation, in the shape (d' a handbill, prinied ami pitsled in the street riiiladelpiiia, aiul pai«ylvjniian. He took an aANYlNit her sent 1 do not ii"(illc( I I'yiniLr on ihislniM •itif'll to liis iniiiir •IIM'lllS sllollld he not ,v«'V ri'fi'ivi'd a III know. A >liini liil lie liixl rfcciMMi iivrimiioiiH'iiis tui 1 Mr, Strolicl |iif I'post' of I'fcniitiii;; ir boiilcrs to serve IS adoittt'd l)y Mi, ar;^*' (it ics of tin- I uivc llu' iim^r as |(ossil>l('. A 111', pliia. and iiici Mi. it \ , and who liad ;i tiwL'ltli ol' Mairli. ollalilax; and *ii!. ifiawarc, humid I'm li,-('. No. <>S Snlilli Im'Iii, Mr. Sliuiii- ssistrd in I'lilisMii, n tli«' sd'aiiuT Dc dcsi'l'tfd iM'twcc: liliii;^', TlicM' iiKi: cxamini'd and iii • afterward sailrr i"sdav, Ml'. il''ii V t»i rccfiiifs 11(11 iaiii I'.'idd, a vci M'd lo 1:0 hi'.Vdii ciiti'iinu' into tii' \iiii^- It'ariH'd till' of dircfi ioif> III': ipiii;.;' it ; and all' Mil rilM- Sllfl'l, <■: »\ Mr. Ill-It/ \^i; tiic.v wvw I" -' iomiii'V, ami li.'" s inarslial, liavini; |)any, and brmmii: .icd'tlnin, Ioi^vIIk; I lie law is piuMil r.' had th.' prorli ■d in Ih.' .slivrlsiii noil in iIh' \^'*h*'' ihr (oMinan I>>'MI" ,ind li;ul an "lli" ;, down .h»' intiiH- thi'V woidd 1"' '■'' ;ii honnlv iiit'l ■■'^ • COINTIMC (ASi; (»!' TIIK IMTKIi STATKS. 543 iiKiiith, and also stated that various jhtsoiis* wouM rt'c'civf c-oniniissions, lie also navt' tiiti : Hcivcts lor tiicir passa,!.;f to New York, stnnc of w iiich lickcts were taken from those arrested, and will he prodiieed. hnrin^ du^ wiii'le of Ids enlistment, the, defendant, I lert/, w as actively en^'a,i;«'d III pri»cnriiijL; men for that iinrjiose. •jl'ij 'Aiiesis havin;;' heeii made in all parts (d" the rnite«l States ol' persons enyayt'd in this hnsiness, tlie representatives of Iler Miijcsty in this country heeaine somewhat aiarine ret'initin;;' was thereafter to he coiidiicted in the I'nited Stiites, ami on the l."dh Ma\. or thereahonts, tin- whole iiromamme of |inilr(i\cd the most amicaiile and friendly relations which e\ist, and nhicli. I trust. mi\ e\er continue, h'etweeii the liiit 'd States and the li'iissian ;;overnmeiit. M r. < 'lamptoii and his a-sociate representatives .il (ircat I'ti'itain on t his continent ,ua\ e directiims to4':iptaiii Strohel 111 11 pair immediatel\ to all the recrnii iiii:' ollices in tin- (idled Slates, ami Older 1 he per>oiis eiij:a;5esliil crindiial comlnet of all their minister and his n'crnitiiijn ap'nts, hut refuse to (Udeiid oe assist those ay«'iits it" they ^ll<)ulll lie so nnfortnnale as to he delected. Ilimorahle a nd i^eneroiis dnat Hiiiaiii! -and (>, most faithlnl iiiitish iiii:ii-.|eis! flic nise then adi>pled w as to send men to ( 'anada and I lalifax, nnder llii' picicnse of en;;a;iiii;; them on the r.iilioatl, and, when thei-e, to en- -1 iliriii III the arm\< or the purpose ol I iiilcd Slates. Some of these ollicers alterwaiil hdt iiit-Mi \ ice of I Icr Majesl \ , and, as w as I iieir ilnty, ha\ e since expressed iiiir s\ illin^ness to disclose all theii know Irdyc in .>nppoi t of the prose- Mllmns which ha\e heeii ciminieiiced. The a«'ti\e eoiiiieciioii and co-opei al ion of nearly all the I'.-pi'' -d , sentativ es td' Iler Majesty *in this yt'iieial doi^^ti will he made clear to yon hy nnimpcaclied lestiniony. I think I can say with iiiiliiiciice that his e\celleiic\ .lolin I!, ( "ram|iton, niiiii>ter exiiaor '''iiiiiiy, vVe.; his excellency .Sic (laspard Le .Manihaid. governor of Nova Scotia: his excellency Sir l-!diiinnd Head. j;overnor of Canada: ^ir •Inslina llowi-; Lewis M. Wilkiiis, provincial secretary of No\a "^I'lilia. and at least oiu' lliitish coiisnl, dire«'ted this eotuse of (-ondiiet. All tliise ;;cntlemen, it w ill he ill e\ ideiice to yon, have, w ith Mv. I lert/, 'lit'dclcndant, tak«'n an acdivc part in dire«'tin;i' the commission of the 'iiiiic ( harjietl; nixl wlietluT or not by a Ixdd aflempt to disf^nise tliejr ■•'.il (»l>|ect, is 11 matter of very litth' importam-e. llic oral tes'iinoiiy of tin' vvitne.sses will in some ino.sl material and ' *» i i '( **- ■I % 544 TI.'KAIV ol' V.ASKIMJluN I'AI'KI.'s AC;'()MI'ANYIN(i iinjMM'tiUit facts be corn jboni tod by written (locuiiuMits. I slnill be aide to i)ro(hu!0 to yoii some tivo or six orij;iiial letters anil notes of Mr, Crjuni)ton, and also the orijiinal iiistruetions to the ayents as to tlic modi! in which the enlistments were to be conduct«Ml in the riiiU'il States. Yon will also have in ovideiu'e the to enlist in the forei^^ii l»'oi(,ii, as well as several other letters ami iL'oL'l papers of considerable iinpoitanee on the pouiis in issne. *l taki- it, yentltMni'n, brietly to ('(Micbule what I have to say to yon at tlii.<. staattles of the allies. It 1 prove these facts, I can sately ask at ytiiii hands a verdict a;4ainst hi in I'iU'oiie of the ini>st lla'^r.int violations ut' tin' national sovereignty of (his country wiiiiih has ever been known tolia\i' been perpetrated within its Ixuder; 1' hst, a violation ol our law; si-i oiul, a violation of the conlidcnce repi>sed in a lii;;h ivpresentativc tiim tionary; atnl. thiidly, a violati(»ii of the sympathies and a national in suit to the si'iitiiie'iits and the fi'diuii's of our pe.»i)le. iMA\ !•'. (). Srifoni;!- swtun After the witness was swcu'ii, Mr. Keni ik desired the district atturiic* to stale distincily what he intended to pro\e by him. Mr. \'an Dyke said he had one ohjectioii to (loin;; so, but he tliitii,'li; it would ui'cupy too much tiim>. dudjiti Kane said that he preferred that the witness should he ci amined in the first instance, without bciiiu" distinctly apprise I el' i tlie facts al».)Ut which hi' was to testily. I'ixamination by Mr. \'ax Dvki::^ (Question. Of what country areyou .' — Answer. I amfroai l> iv.irn. ii- Hive you b:'iMi in nulit li'y seivic. Havarian serviiM*. in the artillerv A. V v«m' l)een in war f — V. Vivs, sir; I lia\e Joinel tin rcNoliitionists in IJavaria. (). Ill IS IS .' — A. Diirini; the revidutioii in the yivir ISl!). Q. How did you h.i|>i>en to leav*- the smvice ' — A. Well, we wctcd featetl, and oblij^ed to leave IJ.iden and {jfo into Switzerland; tlicii 1 st >;»,) 'il tliiM'e, a'l I trav.ded throa^li Franc;' and Kiii;land until fSVi. Ou the loth ol May, l.S."iI, 1 embarked at Havre, and came to this cdiim COUNTER CASK OF TIIK r.MiKK .STATKS. 540 tiv, iiii'l iiri'ivi'd here in June, isr»l. Oa the l*'»il of rliuic, 1S51, f cainc, to tliis <*<»niitry ; I was in New Voik scvrral wn-ks, and tlu'ii went to Wasliiii^i'ton, and tlicre not cniploynicnt in the Coast Snrvcy Ollicc. I wiis tlK'i'c nntil lS,"i;{, when I wtMit out with tin* rxpcdition to Orci^on iimU'r (liivcrnor Stevens. 1 went np witii liini to Minnesota; 1 lelt Iiis unity out on the phiins on K'ed liiver, and came Itaek to .Minnesota on tiic 7th of Se|iteniber, l.S."i.'>, and eanie down to Saint liunis. and started with ('oh»nel Fr^'inont on his winter expedition to S.in I-'rancisco almnt lliis <;ieat Paeilit; liailroad. I hav*' lu'en assistant topo^iiapiiieal en^ii- iifiT t»( ('i>h>nel l"'renioiit; I left San Francisco on the 1st of May, l.S,">I. I ei'ossed the isthmus, and eanu' hai-k witli (»ni' Indians, atnl L'.Mj liiouji'lit tliein up to Kansas aj^ain. I'roin there I went hack •to W'asiiinnton City, where 1 finished tlie maps tor the works of CiIdiii'I Fremont, whicii I snppitsc are now Itcloic Conyress. [). When did you linish the maps 1 — A. I tlnished them in the end of Aiimist, iS.'it. 1 then ten-ived a h-tter »tf reeom indati(»n Irom Mr. lliiit'>ii to the ilii-'erent directors of railroads to secure me a position as (ii};im'er. 1 went with this recommiMnlation or letter of introduction to Mi>M)iui. I took sick there, and was obliged to leave the \aliey of tln^ Mi>>is>ippi, and come l>aek to \Vashin;;ton < 'ity. When I eann- back t'' Wnsliiiiuton I was en;;a;ied in the I'acifu' iJaiiroad otlice. at that tinu' i>tiiltlished in Washinnton. and was at work theic until the 1st of l-'eli- liiary. In tlu' enly. (). State tlu' whole coiiveisation which took place between > on and ( laiiiplou. — .\. 1 received from ("ram|>fon the reply that he coiihl not till me at that moment what eoidd be done. 1 said to Cramptou that 1 liflit'vt.d in tills very time, as it was in the winter time. (^ ;.;i -' winter ;' — .V. Ves, sir; that m.tny people ui-re our ol' work in Is'i w V(uk and other places, and it \\•. And this the envelope in which it was inclosed .' — .V. ^'es, sir. Till' letter was hert; nad in evitU'iiet' as follows : \\' \>iiiN<.i(i.\. I'lhriKinj I. !.■■."(.'>. ^Iit ; Willi icl'cicnci' (n mir late cun versa t ion, I am imw aldi- to ;;ive vmi niori' inc- iiit'iiniiatiitii ill i<';;aiil to tlu- siiliji'( t to wlinli it rclatiil. 1 I'i'iaaiii, sir. \ oiii' iilii'iliciit snvaiit, .JOHN v. (IJA.MPI'o.N. M' .\t \\ Si cuiiii.. .\iler receivin::' this letter, I went to sec !Mr. Cramptou the next iiiorn- ii:; : Mr. ('raiii]>toii told ine that he liad received letters troni home, uimI 'liat lie was willinj; now to raise nn'ti here in the Juri.sdieti()n ot tln^ ' iiitt'd States for a llritish foreign le;;ioii, which should be established ' 'lier ill Nova Scotia or in Canada. «\). Did he ns«' the words "within the jurisdiction of the I'liited -''•' Stales?" — *A. Ves, witlnti the Jurisdiction of the Cnited States. <(>. lie used those pieei.se words, did he.' — \. Ves, sir: but he 'US not sure at that lime whetlier tin* main depot should be at Halifax '"' ill Canada, and he was obliji* d to make ariauizements with the {.-on - 'iiioificneral ol Canada. At tlu; very same time he j;ave me a letti'r of 35 A ~^. > . ' ^^ ''' !' *.»i .m 54G TREATY OF WA.STflXGTOX PAPERS ACCOMPANYINT, iiitroilnction to tlio British consul in New York, ^\i: Barclay, iji wjijcii lie states that I am already ac(|iiainte(l with this matter, and tiiat Mr. JIarclay mifjht receive me aixl talk with ihe ahout this subject, and llmt I should make preparations in New York for <,'ettin^' men. \li> fold me at the v«'iy same time he woidd seiul a uiessenyer to the governor ycii eral ot Canada. 1 went to New York, and delivered my letter t(» .Mr. J>ar<'lay. ij. \Vhat was this nu's.sen,n'er sent for? — A. To arranj^c matters ahoiit a depot or place wher<' we could send tlu'Si^ men whom we yot licrc in the States. I was waitini'- in New Vork for tlu'ietuin of this mt'sscii;^!! for se\ ci'al weeks. Tlu^ messeniier returned and was sent ajjain, ami iki un«lerstan'et men in the [L'.'iSj United *States for this service. i). Thearran;;('ment was not made by the messenjjer sent toCaii ada to Sir Kdmiind Head, because he had received a lettt-r from llicj^nv- eriiorof Nova Scotia, statin.u" that hehad received onh-rs trom iMiylandtn make Halifav the depot ? — A. Yes, sir. The reason lor seiKliii;^ all Ilic men to Ilalil'a.xwas the order that the j^overncu'of Nova S(;otia icccivcd trom Knjiland. During' that time I went back to I'hiladeli Ida. It was on the Huh or 11th of March, 1.S.~m. when I came back t<» rhiladcl|iliiii. 1 leal ned from a friend of mine, a c(>rtain Di*. I>iell, who is now i'e<;inicnt;il siirj;e(ni in this fon'ih 1 do not know positively — I am not <'ertain where it is from — and that he had siiokcii to this Dr. Itiell, and told him he was able to procure him o'<*lock a. m.) I was with Mr. Hertz till -"{•p. m., wlun, in i)ursMa ce of the atlvt-rtisements, men <'ame and wrot(^ their ii.iiiu- dtiwii on a book, and aj;reeil to ent«*r the Ibreijiu leuiou at Halifax. Q. Have you ever seen a bill like this? — A. I have seen this liaml bill. (,>. Where .'—A. In Hertz's ollice. The bill was here read in e\ ideiice. It reads iis Ibllows : Mi:\ \VANTi:i) loU I!1;K MA.tf.STV'S SKKVIt K. (Ann- 1)1 Oii'iii Hiiiuu %vilh iiiiMiui s.) Pi:«)vix< lAi, Si:( itr.i Aiiv's Oi iici;, HitliJ'a.r, Sora Siolin. Marili l.'i, 1^".' Till- lii'iili'iiiiiil -;^(ivrriiipr of \ii\;i Srotiii lia\ iiiji Ihmmi i iiii»|i>yi'(l fs or ainoail, iiotiir - licicliv ;;iv('n Hint all iiMe-lnMlii'd nifii, iM'tw-.H-ii tin- aiits of nineteen «iml fort.v, on :il'- l»l\iny:al f lie (Itpot at Halifax, will r.'ifi\ r » hoiititv of C<» >t«i!iiinaii, witli *^lie eKx'.un^, ipuutrns aiitl titln' uilvaiita^cs fo .vliicli iJrilixli soldiers art! r!«titli>(l. Prcfv-n-iico \\ iJl K j;ivca In W- who Iiave alread.v seen si'rviee. The period o*' eiilistrneiii w ilf In- from tlinus to iivo yiun^ >*X 'V option i i" i' [•2nU] Urilish *;^ov<'inmeiit. (Mticeis who have served wdl he eli^^ilde lor ('»i«Hn>i!SHi>ms. Gentlciiicn wli" wish ttxoiiie into thciiroviiiee, will idt-ttse lodge tiieir innwwn,*, i'«*ik, dutool'si'rvici', A' at thu uftico. COUNTER CASK OF THE UMTED STATES. 547 TVrsons \vlii> serve in tlie fon-ijju Ic^imi will, on flin ex pi rat ion of tlicir term, 1)o «mi- litli'd t<» II IVi'f iiftssjij'c to Anicricii or to the conntry oC tlieir l>ii'tli. I'l'iisioiis or ;.Miitnities tor ilistiii^rnislietl serviees in tlie tielil will he piven. N'dvii Seoiiiin iind other shiiiniMsttis who may hrin;; into this provincf poor men wiliiiit; to serve Ilei Majesty ^vill he entitled to receive the cost ot a passaj^e lor eilcli mull .siiippeil from I'liilailelpliia, New York, or IJoston, Kv eoiiimanil : LEWIS M. W ILK ENS. I'roriuvdd SiviTlary. Q. ( Viiollicr bill h«'H' sliowii the witiK'ss.) l]a\"o you evof seen this hillf_A. I have, in Detroit. Till' Will was hure road in i'videuco. It read as follows: NOTICE. [•Jill] A I'lirei;;!! leyion is now hein^i raised in Ilali^fax. Nova Scotia. I'eisons wish- ing; to join the leM;;«(ii will receive a honnty of , for Iravelin;,' expenses to Nova SiMitia will he made. Mcsides j;ood iiiiidiis and (|nar(ers, men will receive SH a nionlh as jiay. The period of enlistment is ill in- or li\c yeai's, at the option of the applicanr. l'(ir extraordinary service in the lidd. or wonnds, hy.inties and ]iensions for life will 111' ^naiitcd. I'esides whi(di there is now a i.ioje<'t in vii'W, and which will nndonhtedly 111' i;n lied out, til j;ivetoeaeh soldier, at the expiration of his term of s-rvice. lifty acres, :iiiil to each iion-eomniissioned ol'licer one hundred acrc't of land in Canada. .\ll who are imdiiied to enter the service under the fMre;foin;;' very favmahle eondi- limis, are hcrchy invited to ajiply at Niaj;ara City, Hiilter harracks, or at the Windsor (';istlc, Windsor*, C. W. (^>. (.Vnotlu'r 1)111 shown wi^'i<\«s.) Did yon over .see this bill? — A. Vcs, .sir. 1 had that printed in Detroit. -Mr. Van Dvke. It is a (ierinan bill. ^Ir. IvEMAK. The jittper was ]>rinted to the order of the witness. !l'I!l'] .Iiidjic Kani:. Tin' paper now jiresented is a pari of the j^'eiu'ral tian.saetion, which does not directly a ffeet the person on trial. It is like the letl«'r of -Mr. Ciatiipton, wiiich was read a shot t time ii<;(), and is ii portion of the ji'eneral narrative. • '•...■ «: f ,aateof si'vvu'f, NOTICE. ill Halifax. Novji Scotia, a foreisjn leiiion will he forim'd. I'^very one who will entor iiilii this leu ion. which is for the most part composed of (o'lniaiis, and ha^ (ierman oHi- ||'|^*. i^ cut iilcd to a lionnty of Cii steiiin;r, oi •■<■■.!(), from which, however, s.'i for ti'avel- iii^c'X]ii'nses to Nova i^cotia w ill lie taken otf. .Mincover, every mail will receive full ;i!iiiyoin| niaint<'nance, hesidt's.>" a month jiay. Till' lime ol' service is according to pleasure, three or live years. r<>rcxtiaoidiiiary services in tjie licld, or wdiinds, honntiesor pensicms for the whole lilctiiiic will lie jiiveii. It is also truly in prosp ct, that every soldier, on the riinnin;i (Mit ol' his lime of service, will ulitain Ii fly acres and every non-commissioned L'^ii^lJ (ifticer one hundred acres of laml in ( 'aiiada, "as his own iiroperty. Every one who is disposed to fall in with these conditions, is heichy notitieil tmi'imir to the Niagara haiiack.not far from (/iicenstow ii, ( amula West, at the depot 'liniM'stalilished. . Vmi .say yon went to Mr. Hertz, ami yon saw the recruits sijjn the ''■•■>i< there; look at that book and .say if that is it. — A. Tiiat i.s the 1h»o1{. Q. Where did yon see that book? — A. At Mr. Hertz's ofiic*'. Q. Did you see any of the parties si<'iiin{j; it? — A. Yes, sir, (looking Id tile liiMik.) There is tln^ handwritiii};' of some pieii. <^ \\ ill you r«M.s('|»li Turiicll ? — A. Y«'.s, sir; { iTcolli'ct tilt' iiiimcs of iill tlu' iiit'ii ill my coiiipaiiy. Q. (Jo on and state wliiit yon <;'a\c tliciii <-ai-ds, aint told iIhmii we would l)e ready to start on Sunday, tlie -."ith of .March, 1S,m, oh tlic steamer Delaware, in the moniinjf, for New YoiU. *'.}. What did yon tell or Hertz tell these men ? If yon told tliciii ['2m \ anytiiin;;", what was the nndeistandin,t; ? — A. The nnderstaiHlinj;- >r:-j fl'O was that those men w ho si<;iied tiiis hook Jnd;;(' K.VNH. Was the nii(h'rstandin;f annonneed in the presence' of Mr. Hertz? WiTNKSS. Yes, sir, in the i)resence of ^Ir. Hertz. The men wcro t(dd that there was a Ibrei^n lej^ion now estahlislied in Halifax, and that Mr. Hertz wtuild semi them to Halifax to the forei;;ii legion to en- list in it. livery man that is well, and altle-hodied, and williii!;- to enlist in this foreign legion, shall have a free passaj^e and 8-">l> hoiiiity, ami .*S a month pay, and the men who a;>reed to be attached to this ioicij;ii lej-ioli si;^iied this very Imok. i}. Who said that they slioiiM si in their company, and 1 was called captain of those men before 1 started, and was introduced to them bei'ore we started as tlieii captain. 1 was to take that c(»iiipaiiy. 1 recollect J'alattre and I'aniell very well. M r. \'aii Dyke lieie asked the witness whether *lie recollected tlic iii'iiies of the varions persons wliocompose«l his company, when lie leplied that he reiiiembered the followiiiji', besides some sixty more, wliosi.' names lie did not recollect : I'\ I*. (Sarrier, .Iacol> Branniii«4-, Frederick l-'iiss, Hiijih Killeii, Frederick Ferdinand iSostandi;;', ICmannel llriiliiiiit. JCdward Kidliin, Carl MnhleiiliansiMi, ,Tohn Schaetfold, I'etrns I'aiils. ,Iohn KMclomns, dacob lllecher, Foley Wcnrell, Undolph Charles Hiitli, Peter i;M|itit, Ivdward Dobeller, Jacob Koth, Pierce Pelattre, -losepii Piirnell,(instave Protho, (Inntiier Ijeopold Xeisbanin, Wilhelin lleiiiricli. Karl Allciiber;:;, Karl llartlndd, .Itdianii Ilanmeiscer, l'\ lJIri(di. Q. Were all thes • persons in yoiir company ? — A. Ves, sir. I). How many more ''ent with yon? — A. Well, I started fro!ii licic with aixaii si'veiily-liv ■ or M'v<'iity six men and twi) o^ieer^, liicnteiia lit I'^sseii and liieiitenaiii Siiiwnan, on this sfcimi'r Delaware, to New York. i). When diti yon leav** lu'ic ? — A. On Sunday, the L'.'nh of March. early in the moiiiiiiL;'. and ariixed in .New York on .Monday iiioiiiiii,:: about ."• o'clock. [IMKI] (}. \N('1I, sir, when yon j^ot in New York, whaldidyoiido ? — *.\. I came to New York in ilie nn»riiiny at ."» o'clock, and lell my niiii on b«)aid the boat, as I was not tiirnished with means enoii;;li. as 1 iiail rei-^'U^d only some money from Hertz; i had received tickets and ■'i'-i to "o on i.» Niw York, and 1 was there to rcreive more money. {}. Was that iiione.N jii\cn yon for the purpose of takin;^' this c()iii|);iii.v 4)11 .' — A. ('eitainl.N ; and 1 was to reteive liirther means in New York h' take tiie men on to Halifax. I). When yon ;j;ol lo New Y^nk. what did yon do? — .V. I went \o'<>< Mr. Ilarclay. the IJiitish consnl at New York, and when I k'*< tlicie M' Barclay .si'nt liie to Delmonieo's (o m«h> .Mr. Howe. The lltiii. .lose|ili Howe was at that time aj>ent fr«nn the Ibitish ^oveinnn'iit in lln^n ciniliiij; business in the States. Ih- was liviii>; at Delimuiico's. I s;iu Mr. Jbnknell, nut Howe. He told nie I should be furnished with im'iHi^ COUNTER CASK OF THK UMTKl) STATKS. 041) (' pit'Sl'liCC of nsoarly :is possible, lu'forc 1() o'clock. 1 liiid t(Mlivi(lc tlic Jiu'ii in difVcr- (Mir taverns, and keep them together tlieie !■><• three 'overnor and some money .' — A. lie j^ave me a letter, an' it from Howe; 1 emi)arked from pier 15 in N«'W Vork, and went oil the Stonin;;ton road to Doston ; I yol thereat ."i (»"('|(»el, . and went around with all my nu'ii to the tea wharf in llostiU',, and li>iind there the \essel which I was promised I would lind. [l'(»!>J *{}. \\'ho promised yon .' — A. Mr. Ducknell. ^Yhen 1 canu' to this vessel, it was in tlie nioinin.t;, lietween (land emharl\( d my men at once; I y,ave them breakfast, and started at Imlipasf S iiVlock for Halifax, and arrived there on the .ilMh of Maich. \Vheu I < line to Halifax, the vessel went into a prixate wharf, and I was put on re to report myself to the provin<'ial secretary an. NN'iien y«m j;()t to the wharf, you went on .sh(»re to report y<»urself to Wilkins? — A. I did soi Tin' ves.sel was ordered to the royal wharf, iiml diuinji' that time 1 met somv rei;iniental snrj'cons and some olllcers ol tlie seventy-sixth re;iiment, some of the artillery. Afterward Sir '•iispind Le Marchant, {;()veruor of Nova Scotia, himself came to the tt'uwharf. I; M, 1 m f i! E 1^^ 550 TU1:ATY of WA.SHIXCiTOX rAI'KKS ACCOMPAN'YIXO AV'l'i'MCss. Tim " t^iuM'ir.s wliarf." II»^ onlcifd irio to file tlM'c(nii|»iniy in anil show tliciii. 1 did so, iiml Sii- (iaspard Ia' Marcliaiit, witli otht-V utliccrs, passed aloii;r by the iiumi. and inspected tin* men. I intitidiictil tJH'sc two men I liad witli nu' as licnt^'iiants; tlicy were irccivctl [27(>| by tin* *o1Vm'('1s as olHci'is; and I iccrivcd an oidrr IVoni I,«' Mar- cliant tonnircli the men np to tlii'liospital, toliav(> tlicni cxaMiinctl. and at'tfiwai'd to niarrli tiicni ont to .Melville Island to liavetlieni attesttd. I marched them np to the hospital, and they were then' examined, ami twp or three men rejeeted and one kept hack, as sick. All the others [ nnirehed out to Melville Island. There they had the IJritish liairaeUs, and hariaeks eiceted for the tbr<'if;n le<;ion ; thoi-e the nu-n were attesinl. After the man is enlisted, he has to I>e attesti'd and sworn as a S4)l(lii'i'. tlndyc Kank. What is attesting: ? Witm;ss. There is a .indy:e comes to the quarters of the soldiers, ami then tile ollicer is there, and thejnd^i'e swears the soUliers in; that is the act of attesting;. Q. What is the lorm of the oath ? — A. The form of the oath is, that we swear to serve ller Majesty the <^)neen of Knj;land for a time, three m five years, or so many y<'ars as the soldieis a;^i'ee upon — in this ease tlic ayreenu'nt was lor thr»'e or Jive years — failhlidly, anil so on. Q. That is the form «>f tin* oath.' — A. Yes, sir, that is the oath tlicy administered to each of those men. ,Inrece(h's it ? — A. It is not in [271] wriliiijn; it is a i)rinted form ; it *is siinncd l>y thejndj^c, and aldr- ward hy witiu'sses; I siiined nearly all of them. Q. Is it si>;ned by the recrnil .' — A. Yes, sir, it is sijined by tiie ic crnit ; after the men had been attested, I commeni-ed the diill, anl(l me that -Mr. Crampton wanted to see me. Q. Who is ,AIr. I'reston? — A. Mr. Preston is lientenant in the scv entysixtii rej;iment — the ollicer who has ehaiyc of the barracks in >Jiaj;ara, Th(^ note* was read, as follows: ["i""^] Di. \ii Sti:oiii;i.: I am (liri'ctfd hy tin- ncnciul to ii<''f|uaiiit yim tliiit Mr ("i'aiii|)ti>ii wants to M'f ycMi at liis lioiisc al III u'clork to-iiKirrow nitpiiiini;: 'i'' limi'tiial. II you like, coiiic up to my house at haifi'iist D o'clotk, aud wo will i;o toffctln-r. Yours liiilv, J. W. I'lfKSTOX, UtiTiily-Sijili Jiiijimi III. Tli:si>av. Mfii/ i:i, IlaVifaT. Q. Where was h«' at the tinu'? — ,V. At the time lie was at Ih' fort in Halifax with his reH;imeiit; the letter stated that Mr. ( 'ramp- ton wished to see me at his quarters at 10 o'chn^k on Sunday; I went to see Crampton, and there 1 found Sir (laspard Le Marchant: I went there with Preston, and I was ordered by Mr. (hamptini to make a iilan out lor him in writing to go to the United States, that is, to those cities ING COINTKU CASK OF THK IMTKI) STATKS. Ju>\ tlMM'ompniiy r, witli otlicr 1 illtioiltiritl ,('!•»' received 'nun \.v Mm III cxiiiiiiiictl. n'ln atfcstnl. iiniiniMU iiml tllC (ttillTS I sll l);iniicl make a pliin ;o those eities (,f the United States whieli lii' on the boiindarv-line, siudi as I'litbilo, i;(»(diest«'r, Cleveland, Toledo, Detroit, Oswe^ci, and others; I wrote a |il;in lor him; I said that I would want so many ollieers, and for every dllicer a noncommissioned oHieer. .Ind^i'e Kam:. Does the ])lan allect the |>arlies on trial? Ml. \'A.\ D^KK. 1 think so; it was alter arrests hai itish ministerdeterinineil to (dian^c the plan id' enlisiment in the Stat»'s, and this witness says thai, in pnr- siianee oi that determination, he reeei\ cd a letter I'rom laentcnant jT.'I] Preston to call at * I he ( | nailers (d'.Mr.Cra nipt on; he called I here, and IMr. Ciiimpton told him that there had been some dinicidty about ihc recruits, and wished him, Stndiel, to piepan- another plan, w hiidi, if iiildptrd, would avoid that dillicult.v ; lie prepared this |daii, and siib- iiiittcd it to Mr. Crampton, and, if I understand it, the witness will say that the plan was ad«>|>ted by him with some little variatiy either of tlie.se defeiidanis in accordance with this |ilan .' Mr. N'AN DvKi;. If \ may be ])erinitted to anticipate the ib-feiise, uliicli must be done more or less in every <'ase. it will be, I suppose, the ^lln(' as made before the eommissioiier in relation to lliidd's c(unpany — that the men enlisted ill that comiiany, as the defendants allege, were iKitldn;;' intue or less than a set of men en;.;a;4('d to work on tlu' railroad ill Nova Scotia. We intend to show by this that Hertz, in .so reprcsent- iii^r. was but carrying;' out tin; remoileled plan ailopted imtre elfectually liv Mr. Crampton at Halifax. I shall show al.so by other witnesses that, III a period siilisequeiit to that (dwhicdi the witness now s|)eaks, alter the defendants were arrested, the defendant Ilert/, en};a;;ed :'71| •one IJaroii N'aii S(diwat/enliorii and one Itaroii Schnminsky to carry on the I'ldistin^' business in l*liiladel|diia, and that another niiii|iany was enlisted by siudi ajicnts of Hertz, in the manner proiiosed !iy the remodeled plan. Mr. licmak, in reply, stated that the witness had sworn that Hertz !i'i|;K'sred him to do certain thin^i's, ami whatever resulted from that .illi';;«'d fact was admissible. .Mr. Stndiel had ^iiveii evidence in rej;ard iiMlrawino' a plan, but he had not sworn that H<'rtz commissioned him to devise or draw that jihiii. He miolit have been re«iuested by Mr. ' lainpton to draw the plan, but thi^ (mhiiiscI for the (hdeiise could not Mc. how that could alfect, for the i>resent, his client. He could not be !i>ipoiisilde ibr the acts of Strobel after Sirobel had done what In* i»'i|iu'sted of hiUi, and if he went beyond what was reipiesteil, he did it on his own respoMsibility. •Iinl'.;!' Kanj:. The evidence taken in c(mnection with the olfer of tlie 'li>-tiicr attorney is admissible entirely as it stands, in the same cate^iny \vith evidence oiij;inally j;iveii by him of concert of the otlicer with the llritish j>()veriimeiit. If it is not brought home to either of the parties on trial by siibseipient evidence, of coiir.se it will not alfect them. -"■''i Mr. Van Dyici:. I do not w isli my (dfer to be *mi.sapprehended by the eoun.sel for the defen.se in any jiarticuilar. I state «lis- 'iiH'tly to the court that I have evidence to show that there was a reoii- lar-faine jihiyed by Her Mi'.Jesty'.s envoy to evade the law; that those II were .seemiii}>ly eiiftayed to work on a railroad, but in reality eii- o .served in the forei}:;ii leyioii, and that they weri' told by Hertz, III) stcil t "t-^i !*^^!^' i'k i ' any per.son (piestioneil them, to reply that they had been eiifiajied to ^uili oil SI railroad iu Nova Scotia. 1 have, for the prosecution, to es- TfT^ 552 TIM:A'IY of WASIIIXli«ili n'vtinn importiint fiicts: ono is, tliiif the scndin'; of tlicsr uifii to Novii Scotia was lor tlic |Mir|»os«' of tlu'ir hciii;; nilistcd in tiic roiri;ru I<>;;ioii. anil tlit'ir scniliii.!;' tlinii tlicrc as \vorl;iii<>ii on a railroad \v;is n s]»crions disjunisi', nnd«'r wliicli tlicy lio|M'd to cxadi' tlii' law of tlli^ (•onntiy. If I sliuw thai this was tlicii- intention, it is ciTtaiiilv i\i diMM'c, and tli(> ciiinc is proved, notwithstandinlan .' — A. I prepared if. (}. iSliowin;^;! paper.) Is lii it it .' — A. V»'s, sir; it is my own limid writing! : it is the plan. I). Was tliis siiliniitted to Mr. Crainpton .' — A. Not this oiw. Tlli^ was tiie eopy I first made. 1 afterward made a eiear copy of it, wliich was snltmilted. [L*7«i| *(}. Tliis, tlien, is tin' orij;inal eopy. of whieli a eU'areopy \v;is made ami submitted to Mi'. Ciampton .' — .\. Yes, sir. Tin* paper was here read in evidence as follows: I liiixc liic lioimr to iiitorm iiis (■xf'cllfiKy tlic nivoy rxtr.uifiliiinry <>l" (ircal liiitiiii, ill tlir I'hilrd StiilcM, iiiiil lii.> I'Nrclii'iicy Sir (l;isiiai'il I.I' .Mairli.iiit, till' ;;(ivi'iiicir(Pi' Noxii Si'iiiia. Ill' till- |il.'iii I liMV <' :ii|i>|iti'il to rai»i' tin- y;l•l■atl•■^t jmisnIIiIi' iiiiiiilii'i' nf nh -i ill M\fial ilitVr-.Tiit cilii's of ilii' I'niti'il Stairs on tip- liiiiiiiilai'ii--i nl' Caiiaila, 1 whli tcstatiiiii ill MiilValii l.ii-iiti'iiaiii Sliiiiiianii, with ('<)i'|ii)i':ii iinlli: in Pi-tioil, Dr. Il^l|^^. with (ill jMiral Ki'iii|irr; in ('lev riaiiil, Ih. .Vsrlii'iil'i'lilt, \n iili ."-;i-i;ii'anl Kii'lf^iT. n|i|i.i. hitr 111 Id'trnil SiTy:i'anl liarilirt .sliall irrrivi- tin- iiir. IJi'iiss, ,iii,l liis (liil> will III' to si'iid t lii'iii, as fa^l as tlii'y ariivr. liy lailmail to (/iii'riistowii, wlnii a ilc|iot must lir I'sialilislii-il and a ina^istiati' a|)|iiiiiiti-|iot. wlini a siilUi-ii'iii ii;i;i: liiT i.s loyi-iiiiT, to M-ntl tlii-m liy stramlioat wliriTVi-r iiisrxrvlli-nry may ilniilr. 'I'lin-' uiliccis .siatimii'il at tm- alio\ i-'inriitiom-il citii-swill sti ii-tly follow tin- instin'- [•JT'J] lions ;i;ivi-ii totln-m, tliniiiuli iin-, from *liis i-\ci-lli-nry. in n-i^ai'il to tim iiiaiiii'i anil way to In- iisnl in i-nrom'a;;iii;i ami si-mlinji snrli imliviiliials who an- willin:; or tli'^irons ot' Iraviii;;' tin- Initi-il .stali-s to i-nli.st in the Hritish M-rvii-t-. .My inlriitiini. ill ;;i\iiiy;lo rarli rommissiom'il oriii'i-r a iion-i ommissinm-il nlliii-r as .-issislaiil. i> i" iiialilf tliiisr niiitli-ini'ii to liml out such imli\ itlnals. ami to avoiil tin- ni-i-rssity nl'riii- jiloyiiii;. for this |iiir|iosi-. .stiaii;;i'rs, who niij^ht r:i-ily ihi riM- Ihriii. My o|iinion is that i-vi-iy iillici-r. with tin- assistanri- of his non-roiiiniissiom-il iitlinr will ill- alili- to transart all tin- Itiisinrss, witlioiit lit-iiii; i-iiiii|ii-llr of maiiay;in;i. 1 will ni,\si-|j' \ isil i-acli of tin- iilact-s iiii-iitiom-il. :iml will ]iai't iriilarly coiiliiii' iii.\m!i to wln-ii- my |iri--rnri' will hr ninst iri|iiin'il. I shall ;iIso |»ri)lialily visit ('liir;ii,M. w hi-ir (lonlitlrss ajiical nnmlii-r of nirn may In' jjot. \Vi- can then a^rccon rcasnii.ilil' tciiiis lor haviiiii them convcycil liy lailroad to Detroit, which exiniisi-, in my ii|iiMiiiii, Would mil e\i-t-cd S'J.riO per head. 1 sa.w all tlje oflicers and iion-comniis>ioneil oiVicers yesterday e\cniiij,'. .iii'l [27 ■'J held a 1< 111^ con versa! ion with them, the result of w liich is that we "all |ierfi'cllv im- deistand each other: that tln-y an- all entirely salislicd, and that every our i- willing to do his very hest in iey:ard to this matter. I h;iv e also inade eslimatesof all the eXliell>es of the onii'crs conm-cted with ll.'- iiiatler tor the luiiod o( nm- monih. at lln-ir ditl'ireni |ioiiits of de-^tinalion. iitln'l \i\'^ their tra\iliii!i exiienscs. which 1 take the lilieify of layiiii; liefore your eNii-ilrinii- Sav. the tiavelinji exiieiises of llie olheers from thlsid.K-e to their liiti'i-rent slatiniiv Cll'e.ich fl'W 'ill .^ehiimaiin, Asclieiifeld, and Ifeiiss. each s-.MO per month *-" (I'lom this inomy each has to pay his non-commis>iiiiied ollicer. and to meet all other exjieiiscs that may In- necessary in semlini; the men ovi-r on the Canadian side, jiav of teiiipojary agents, rnnm-is, and lavi-rn-ki-epeis iiieliidi-d.^ I'ay tor Weiss, liarcliet, and one other iioii-coniniissiiiiieil oltiei-r. .-sIlKI cai-li My ti.ivelinjf expenses from town to town, hotel exp ohcilitiif .srrsiint. {). Was tliiit pliiii :nl(»|»t('y Mr. Craiiiptoii and Sir Matcliant. and I if- ciivcil orders to Iniiiy. nc\l niornin;;' at II o'clock, the olliccrs men- tioncti tlicrc. tour noii-coiiiini^sioncd olliccrs of ni,v ('(Mnpany, all attested inrii, and the soldiers, to the proviiKJal iMiildilio, and tncet there Sir (liispard liC .Miirchant and Mr. rrainplon. I went theic with thosi^ men. 1 met there Mr. <'raiiiptoii. Sir (Jaspard Ijc March.int, and IJeii- ti'iiinit Treston. I was ordered to leave llalilax iiinncdialely, and ri - |i,ijr to the States, and I lel't llalilax in eoinpany with .Mr. Cramptoii mil I'reston, ot the seventy-sixth, with otiicers and inni-eommissioiied olliccrs. When I saw .Mr. Crainpton there I was in nnil'orin and l'jS()| niy non-commissioned olliccrs were in iinirorni; when* we left, they I'cceivcd civil clothes from the j^ovcrnment there, for this ]iiii]ii.se, and Went on with me. When we «iimc to Portland, Mr. Cniiiiptoii ;,Mve mc; oi'ders to ;;'o with him to (,)iM'ltec to see Mr. Iliinl. the ^j'overnor-ycDcral of Canada, to have a perfect iindeistand- iii;: iihont the ilepot and the means of scndiii}^' men thronoh ('aiiada t(i No\ a .Scotia. I went with him; I saw Sir lidmnnd Mead in the |ii('S('iice of Mr. Crampton. I receivt'd letters from Sir l''dmiind Ih-atl It) Jilt harracks at Xiayara. These barracks wci*' to receive the men wiiii were seid . (Paper shown.) Will ycni look at that pajjcr, ami state \\hat it is * —A. It is the itistiiictions 1 icccived at (^)nebec, in Sir Kdmnnd Head's liiiiisc. out of Mr. Crampton's own hands. The orij^inal was wiitten in Ml. Crampton's own handwritinji', and was written, at least jiart of it, ill iiiy presence in his room. This is a copy made from the original; I iiiinlc it for the purpose of ju'cscin in;;- a copy. The oii^inal 1 ;;!ive Imcli ill a report 1 made to Sir (lasi)ar. That, then, is a copy made frotn the original instructions of •iMiiipton, as to ycmr duly in the United States* — A. That is a <'opy |»l tlic ori;;innl instrtU'tions I receive ['-'■'■■ij * Memoniii''(i for Ihr- guidniicc of thnw who am to mak'^ knoini to person'* in (he I'liilcd !)in'i'H the tvrmx and voiiditionn upon wkivli rvvrnitx wilt bv rvcrind into tlw llritixlt ••rnii). 1. Tlie parties who may go to lliill'jilo, Detroit, or Cleveland for thi-s imriio.se must ?/'£:"• •>%. % x«^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■-His |5 ~ ^ llltt '' m :" m |M 2.2 M 1.8 1.25 1.4 1.6 ■9 6" ► Photographic Sciences Corporation \ <^ ^ •1>^ <^ #> ^ > 6^ 23 WE^I VAIN STREET WEBSTEIt.N.Y. 14580 (716) 87f'<5P" ^ <^ 554 TREATY OF WASHINGTON — rAPERS ACCOMPANYING h .- clearly iintlcrstand tliaf; they must carofiiUy rofraiii from anything which would cmi- stitutt! a vi:)Iati()ii of tiu', law of thi* IJiiitiiil States. y. Tiicy uinst, then^fon;, avoid any ant wliich n»i<^iit hear tho appoaranc;' of ivLinlt- iuix witiiin thf, jurisdiction of tho United States for a fitrtMf aid or assistance from the British govei iniifiit. This govt'rnnicnt would be compelltid, by the clearest dictat(!S of international duty. to disavow their jjroceedings, and wouhl, moreover, be absolv(Ml from all eiigageiiicnts contingent upon the success of the parties in obtaining by legal means soldiers for Her Britannic Majesty's army. E.vainiiiiitiou continued by Mr. Van Dyke: Q. Tlic papeijiLst read you copied from the original one in the liand- writing of Mr. Crampton ? — A. Yes, .sir. Q. (Another i)ai)er shown witness.) In whose handwriting is this paper ? — A. At that very time I also received this ciplier to teh'graiih with to Mr. <-raini)ton, and to Halifax, about this recruiting business. I cannot swear as to whose handwriting it is in, but I believe it is Mr. Crampton's; 1 did not see him write it, but he handed it to ine. [285] *The pai»er was here given in evidence, copy Letter. a b d e f m pher. Letter y V U o i X 1» •I r e H z t u b n V \v w t X a y s _5 The following is Ciiilicr. n U C U o I 8 tu r i f J: . Q. You were to telegraph him by this cipher, instead of the usual way ? — A. Y'es, sir. Q. What was the object in giving you this cipher? — A. Such ciphers were given to several officers — to Mr. Smolensk!, Mr. Cartensen ; and men actually engaged in the recruiting business received tnose cii)liers. Q. Was it for the purpose of avoiding detection ?— A. It was for tbc COTJNTER CASE OF THE I'XITED STATES. 555 licli would ciiii- »u whatBvcr at- ist.inoiit, must \n> e in the haiid- iim' bii.sinoss. purpose of avoidiiio; doteetion and avoidinjr any ditlioiilties with the autliorities lioie. It was to enable nie to telegrai)h to Mr. rrainpton iVom everv place I niij>lit visit, without the people in the telegraph ortices nnderstanding it. Q. Were all the otlicers sent on this recruiting to telegraph to Mr. Cnimpton as to their proceedings, and was that cij)her to be used ? — A. Yes, sir. Q. (Card shown witness.) What is that? — A. That is a card of invi- tation to Sir Gaspard's tabhs in Halifax, re(.eivedon the Sth April. Tlie card was read, as follows : [280] His excellency Sir Gnsjianl ami Lady Le Marcliant *req)ie.st the lionor of Cap- tain M. F. O. Von Stidlu I's company at tlinner, on Snnday, ';tli April, at i to 7 o'clock. An answer is reiiiiested. BELVIDERE. Q. Are these also cards of invitation to you ? — A. Yes, sir. The cards are here read, as follows: C<»i.i>NKr, Cr.AitKK: Tlip oflicers of the seventy-sixth regiment rcipicst the honor of Captain Stroliel and tlicdflicers of the foreign lcj;ioii's company at dinner, on Wednesday, If^th April. An answer will ohli;;e. ('(iloin'l Eraser, Colonel Stotherd, and the ofticers of the royal artillery and royal (ii;,'iiii't'r8 recjnest the, honor of Captain Max F. O. Strohel's company at dinner, on Tuesday, tlio 'M\ April, at 7 o'clock. Artillery park. Au answer is requested. Judge Kane. What are these pai>ers for ? Mr. \'an Dvke. To corroborate what th«^ witness says. Judge Kane. When the witness is impeached it will be time enough to corroborate what he says. Mr. Van Dyke. I withdraw this pai)er. Q. (Letter shown witness.) Did you receive that letter from ]\Ir. MclJonald ? — A. Yes, sir. Ue is an otiicer in the provincial secretary's office. Tlie letter was here read in evidence, as follows : riJOVIXCIAL SkOKETAUY'S Ori'ICE, Mctl/ n, l>^7i'i. Dkak Sii! : I an! directed l>y his excellency the lieutenant-j;overnor to introdnei; to Vim the bearer. Lieutenant Knentzel. He conies with letter to Sir (Jaspard froni Mr. Crampton. You will please explain to him the steps necessary lor him to take ['iST] to secure his com* mission. Your obedient servant, BRUCE McDonald. Captain SritoHKL, Fimt Company, Foreign Legion. Q. (Letter shown witness.) Do you recollect this letter? — A. This is a letter written by Preston to me while 1 was active!}' engaged in re- t raiting men in Buffalo, Cleveland, Detroit, and other [)Iaces. Mr. Pres- ton hiul at that time charge of the barracks at Niagara. The letter was read in evidence. It is Jis follows : Di:ai! Smith : I send yon the accompajiyinjj order, in currency, equal to £80 sterling, ^vliich idease send me a receipt for by return of post. I find I cannot make any arrange- ment with tlui railroad people here. They say the tickets had better b;; paid for at ^\imls()r, which I think is best al.so, for then the men will come to me clear of expense, wIulIi is the intention. Tell obunian and Dr. Aschenfehlt to telegrajih luo. how- they iiii' jrotting on at ouce, and bow many, or if they have got any men. Let nie hear also ftoiii ynii. Yours, truly, J. W. PRESTON, Hi'venty-iiinth Heglment. Nu(U«A,,/i(«e4, 1855. p. s \ E^-ii S. ^ 556 TREATY OF WASHINGTON PAPERS ACCOMPANYING til "VViTNKSS. This Mr. Preston afterward took command of the depot at was established at Niagara town. Q. This letter says " Dear Smith;" what was the meaniiij^ of that?— A. I was oblif>ed to take that name because I was known as bein;; piv. vionsly (ronneeted with enlistinjjin the States. (}. (Paper shown witness.) What is this? — A. That is a telegn^di I received from Preston. The paper was read in evidence, as follows : [288] *[".V ti'lt-'graph I'roiii JCiagnia.] Wixnson, ./((//(' 4, 1*."), To Mr. SMirit : How iiiiiny iiUMi have you got, ? Monoy Icavos bore to-morrow inorninli from Niagara.] To ]\Ir. Smith ; WiXD.soR Castle, June 7, l^m. Send in .statement of money issued and liow applied. Tell the others to send nu' Biuiilar statements ; until such arrive, 1 cannot issue for next month. [Paid.] J. W. PRESTON. Q. Go on and state what occurred after you left Quebec, — A. I left Crampton in (Quebec, and traveled with Preston and another English gentleman, Cai)tain Bowls, to Montreal; I there received orders for an other English otiicer in Toronto, to give over to us the barracks in Ni agara town ; Preston took charge of the 'barracks ; I met my offim.s whom I had sent from Portland to Niagara; they were sent from Poit land to Niagara Falls; I met them at Niagara Falls, and directetl tlum to go to dirt'erent places — to Cleveland, Detroit, and Buffalo; and after ward 1 sent one non-connnissioned otiicer to Chicago ; I was called back : I commenced it about the 4th of June, and I was recalled on tlii' [289] l.'3tii, and arrived-*back in Halifax ; I was recalled by the oflicws because during this time I was only able to enlist sixty or seventy men, and Sir Gaspard expected a great many more ; and through this, on account of Mr. Preston, and some other officers who were anxious to receive commands in this foreign legion, 1 was recalled to Halifax;! was charged with having kept two oliicers on the Canada shore in.steiui of sending them all into the States, and I ujyself, instead of travelinj;. and going- to Chicago, Cleveland, and all around all the time to every place, was charged with stopping too long in one place, Windsor. Q. Who made these charges 'i — A. They were made by Mr. Preston and sent to Halifax. Q. Who sent to you and told of them ?— A. Sir Gasp.ird Le Marcliaut. He said that these charges had been made, and that was the reason I was sent for to Halifax. I requested a court-martial, and wrote a long account to Le Marchant. I also sent it to Crampton by a friend of mine, Mr. Ochlschlager ; my company was still at .Melville Island, under the command of one of the officers I left there. COUNTER CASP: OF THE UNITED STATES. 557 1 a tt'U'giitpli I IT,K, June 7, Ir^M. others to send me ."W. PKESTON. Q. Yon saw tliein tliore at that time ? — A. I was forbidden to sco tlio men, and tlio men liad strict iH)tic(' not to converse with nu';iit least the men irceived sncli notice the second (hiy I was there. 1 tohl tlu' j>-overnor- general that, nndersnch cir(;nmstan(!es, I wonhl leave, and the ser- >'!)()] gviint was pnt in irons, and lifty men of my comjiiiny *sent to prison lor conl'errin;;' witli me, by scndinj;- to nu' tlieir non-commis- sioned otHcer. I left Halifax with tlie America, and came ba(;k to the States, and since that time 1 have had m)thiny; to do with this concern. Isiiw Hertz here afterward. Mr. Crampton took the address of every one of the agents who had been enfiaytMl in recrnitinji; at that tinie in Boston, New York, riiiladelphia, and Jialtimore, and told me that ho was fioing to see them. Q. Who did he take as the name of the person in Pliiladelidiia ? — X. }lv. Hertz was the nmn r«'(;rnitinj>' in rhilay Mr. Van i>VKE.) Did*you ever hear Hertz, or any other per- son or persons in his presence, say that he received any money and how much? — A. Yes, sir, I heard Mr. Hertz say he had received money, but never enough to cover his own expenses. Q. Did he tell yon from whom he received it? — A. He told me that he Would receive money from Mr. Howe. Q. What else did he say to you in reference to this matter? — A. Mr. Hertz told me he had connection with the English government, and tliat Mr. Crampton and Mr. Howe were the proper agents fen- paying fHit the uu)ney and giving tickets and giving recommens TKEATY OF WASHINGTON PAPERS ACCOMPANYING * Q. (Pjiper sliowii.) Is that the report you made to ^Iv. Crainpton of the transaction ' — A. Tliat is the report 1 made to ]\Ir. Ciainpto'i. (J. Wiis it «lelivered to him :' — A. 1 sent it to Wasliin«>t<»n, but tlic bearer Lk Maijcitaxt, LU'itlciiaiit-fiovvnior of Xova Scolia: Siii: Aftt'i' liaviiif^ laid hct'oic! yon my ])laii for raising; trofHtH for llic British nriny in the I'liitcil Slates aiul on tlio Canada frontier, I received from yo-i, at tint l'r()viii(i:il Jjuildinji. Halifax, Nova Scotia, in the jiresenee of hi.s excellency Mr. Cramiiton, ii:inis- ter from (jireat I'rilain to the United States, Jlr. Preston, lieutenant Hev<'nty-sixtii rt;;i- meiit, and oflit'crs of the forei^jn legion, the followin;^ instructions: [ii93] "You will rei)air imnn'diately to th(! I'liited States. aeconii)a*nied and iissistid l»y ])rs. Asehenfelil and Keuss, Lieutenant Shuman, Mr. Mirliack, and fniuiKin- commissioned olliceis, to raise men for thc^ Mrilisli army within the jurisdiction of that Government. Yon will, in accordance with your plan snlnnitted to me. station said otlicers and noii-eomnussioneiiear expedient to alter the details of said plan. You arc also authorizrd \,t ordtjr hack to Halifax any of your assistants who may, in your oiiiniou, he incoiiipi'- tent for the service, or who nniy neglect the duty assigned to them. You will reciivc traveling ex]>enses for yourself, oilic^ers, and non-commissioiu'd oHicers, also, bcfoiv leaving Halifax, tht; half-imuithly pay, as per estinnites, in advance, for othcers iiinl men. At tin; expiration of the half-month you are authorized to draw from Mi, I'lis- ton tilt! half-monthly jiay again in advance, and so on. You are further authoiizwi to draw on Mr. Preston for such snnis as yon may r«'ider as my acting aid-dc-camp in this matter, and you will he the niediiiin tn transmit those orders to your olJicers, so that there, can be neither interference with iior interruption of the plans laid down hy you. Mr. Preston will he comniaiuliiij; olliccr of the recrnitlug de])ot at Niagara town. You will exercise no interfereiice with the transmission of nuMi from Niagara to Halifax, t)ut will coutine yourstdf strictl.T tn the duty of obtaining men in t\ui United States, and ot'ibrwarding t\u'. siuiie to [21'4] Mr. Preston, at Niagara. You are authoiized to ""employ such assistants as ymi, in your. judgment, may deem necessary, and are further empowered to stiitc, in my name, to any gentleman Icinging a certain number of men, say P20, that they will receive from the Pritisli govtnnment commissions as captains in the foreign If^'imi, ami others ditferen! commissions, in jyroportiou to the nnmb(!r of men tln-y may hriii;;.' In accordance with the almve instructions, I started from [lalifax on the loth of May, occom])aiiied by my oflicers, as a))ove nientioiieany with Major Elliot, for Jlontreal, where we arrived on the nnnniiis"' [2i)5] the 24th of May. Arrangements *were then entered into with Colonel Dell in regard to the' barracks at Niagara and La Prairie. On the followingday I staitwl alone for Niagara Falls, Canada West, where I arrived on the morning of the 27tli. Liiu- tenant Preston and Captain Bowls started for Toronto on the 25th, and hence did not arrive at Niagara Falls till the 2dth. These gentlemen remained at Niagara Falls till the ;{Oth, when they took possession of Butler barracks, and the first arrangtuit?"''* ■were made for i'orwai'ding recruits to that station. As your excellency will hereob- lNYINO [i-. (.'niiuittoii of ^nunpto'i. ii){jt iiiovo one step j,i till' oltji'nt ot' our »!xpeditioii, it liaviiijf reciiiircd all tlio tiiius to arian^i' the preliiii- iiiaii<'«. Oil till' samo day that >[r. Preston liift for Niagara town, / loariioil from l>r. Asi'lii>ii- I'lilt ami Mr. Sliiiiiiiiii that tlii' comliict of two of my iioii-rDimnissioni'il ol'lii'i'rs, Si-r- o.Miits Ii itli and KricLTi'i', iiiiil Ic'i'ii niiwortliy of tlm I'lmtiili'm'i' ri'ixwn;! in tlii'in, and I J^lH'ii'foii' dfi'iiifd it advisahlf to send fm said niiMi to Lii'iitcnant I'ri'stun. at Xia;^ara t,'\vii. 1 also flioii;;lit it iitM'cs.sary to si-ml to Niagara ono of my otlici'rs, for a ....J,t,... .... ; ..t. ........ .t^ n... .. ....:.,.'.! ,.!• .;» i *>.! arrival of ri'crnits, and, ly dt-pntcd Mr. Miihack i"or tliissi-rvicc, and, witii tiiflicfiisr per- iiiittt'il iiu< in yonr instructions of the 14th of May. was thcrcfoic ol)lii;t'd to modify my )i];iii to suit this cmcrfjcncy. ()n tln^ :>()th instant I went with I^icntcnant Slinnian to Iliitf.ili). llaviiijf visited some of the localities in that place iiiid Fort ICrie, on the op- jiiisiti' sliore of the Nia;;ar.'i River, I j'ave Lii-iitenant Shiiman the following;' orders, in ;iiii)iil;iiiie with tin* instructions I had received from Mr. (,'rain]iton, and wliich I iispcitfully hejf leave to snhjoin : 1st. I ordered Mr. Simnian to taU(Mi]> his (piartersmi till' Canada shore, tit the villa<;e of Fmt Erie. 'Jd. To have his iion-(M)iiiiiiissioned nllii'iT, ('iir])oial Kaiii])i'r, stationed in I'nll'alo. I'd. To y;o daily to iiiilValo, and, in con- iH'ftioii with Corporal Kainper, tliei'c to maki^ such impiiries as mi;;lit lead to the oli- tMiniii.i; of nien. 4tli. To send the men as qnicUly as he slionld olitain them to Lien- tiiiaiit I'leston, at Niaeiidi- tail's to imlnce rnnners to hri.ij; im,. lo him should W jiositively and rij;idly ['Jl'*] 'traiisjictedon the Canadashore; and fiirtiier, if it were necessary tokeepmen to- jji'ther for a longer term than one day, to he careful to doso without the precinctsof tlio United States. Tliis latter order is strictly in accordance with articles yd tnid *lth of Mr. Craiupton's instructions. On tiie saim; eviniiii};, Jlay 150, I ordered Dr. Renss to liiivc fiU' Detroit, and inforiiied him that he would ci)-operat(' with Dr. Asciieiifeldt, will) would he stationed at Windsor, on the C'anada shore of the Detroit River. I also licated to him, in elfect, tli(> same oiders I had already H'ven to Mr. Slinman. o Nia<;ara town to draw the half-monthly advance pay for otlicers on the :!lsfc ,. M.. l>..,...^..,, ,....c, .,.,,.1.1.. i-^. ...... ..... 1^1. ,. .^.........i- ...i.;..K r ..,.,...: i l... I'liiiiiiiinii I wtiit to Nia<;ara town to draw the half-monthly advaii(;e pay for otlicers on the :!lsfc May. As Mr. I'reston was nnahle to jiay nn; the amoniit which I re(|nired, he j;ave ino liiit £4(1 sterliny,'. On the 1st June I left Niaj^ara town,iu;c(nni)iinied Ijy Dr. Aseheiifeldt, .ir Cleveland, Oliio, wdiere I had alretidy statiom-d Serireant Harcliet. ]*a>;siii}r thronffli I'.all'alii, I saw Lieutenant Shiiman, and supplied him with some money for a few t'l i> It'll n'lllll^ IIMIIM-^^ iWl il l|-\\ ilays, until I should obtain the lialaiice of the haif-montlily jtay from >Ir. I'leston. On i!n; "Jil instant I saw Harchet in Ch^veland, and snp))lie-ed to ;;(» there, to make nseof tin; journey as a means of ajxain visitiiifi thedilfercnt posts .and pay- iniftntlie ottieers the balaneeof their half-iiKinthly dues. In tliisi wasa.!;'iin frustriitt-d liy a failure of the telef^raph-ollice in sendinjn' me a disi)atch of Mr. rreston, as a. check liail already bticn sent by niiul for the anionnt. In spite of this, however, I telei>raitlied iVoai Xia;;ara to Mr. Slinman to iiu-et me at Chii)pinva iind report to me the result of liisproceedini^s iu Bntt'alo. His re[)i)rt was, nmch to my rei^ret and contrary to all my •'XlK'ctatiiiiis, v(!ry dish;, he haviiij; sent lint four or live men to Nia;;iira. Ilaviii;i; learned by letter from A'baiiy, N'ew York, tlnit there wtis ti fair prospect at tliat place of obtaining from iifty to one hnndred niiMi, I ordered Mr. Slinman todirect C(ir[Miiiil Kamjier to nnderttdit! the whole business iu Hutfalo and to repair tit once to Alliaiiy, there to place himself in connection and communication with the emigrant utiicesaiid intelligence dejiots there, and to use his most strenuous eiforts to obtain men. Also toeouununicate with iiu-at once on the subject. As I havivinj;iiini tliose of Drs. Aseiu-nfehlt, and KeM^aiidiiiv o\vn,j;ivin^him no liutlieroideis, hnt simply tellin;;- him to return to .Mr. i'lcsiim as soon as possible. I had reeeived from I'michet the infornnition that niatlcrs in Cleveland were as dishearteiiinff as in ]5ntfalo, also sayinj;' that a Mr. Seyheit, wlm l\eei)s an iiit«'llij;{'nee-olliee there, was willing to niulertake the hnsiness. if we cinild station sonn- one at Fort .Stanley for the i»nr[i(is(i of receivin;; nn^n whom lu^ wmiM .send tiM're. 1 wrote to Mr. I'reston, reiinestin;; him to send a non-eommissioned dilidr or some other peison to Fort Staidey to receive tin; men whom Mr. Seyl)ert iiii;;lit send. This request was nnattended to, and Mr. Freston did not even eondeseeial tn notice. From all that I eoidd learn, Chicii;;o and MihvaukcM' offered lar'o, also Dr. Feiiss to Toleilo. wliidi idace I had myself visited, antl deenn-d a jjood jiort for ohtaininj; men. 1 dirctinl Uarchet to commnnicate with nn* by tele^rai»h or otherwise as soon as my I 301] jiresence and the nnjney for * tickets .shoidd he re(inisitu in Chicago for hriiij;iiig men to Niagara. On this d;iy, the 11th instant, ^fr. Tluio. A. Oelilschlajii-r arrived at Windsor fiom Niafj;ara Falls. Mr. Oehlschla;;-er is a {•■entlennm alieatly known to ^Ir. CraMiptmi, antl of whom Mr. Cramjiton and myself had several conversations. 1 s|ioke vciy favoriihly of him, and Mr. Crampton advised me to obtain so valnabh- an assistant, Jlr. Oehlschla<;-ei-is a Uritish snbject by l»irth, bein;; a native of (^m-bec, Lower ('.iiukI;!. SptNikinji; (Jernnin like a native, and French with tlneiwy, the valno of his assistiiiici' cannot be overestimjited. llavinj;-, as I hav(^ already stated, lost two non-(•olllllli^- sioned ollicers, and havin;^ stationed one oHicer pernnmenlly with Mr. i'reston, I lilt the necessity of more assistance, ami knowing; no ouv. nmre comp(.'tcnt, I accor(liii;;ly wrote for him from Cleveland on the 'Jd .Inne. I renniined at Winilsor the I'JtIi .iiid VMh instants, in the ex])ectation of reeeivin;^ a letter tVom Barcliet, an^l also antici- pating the retnrn of Dr. KtMiss from Toled(» with men. On the niorninj;- of the hUli I received a letter from JJarchet, statinj; that Chica<;o was a capital place, and thiit ;i jireat many nu'n mij^ht then; Ik; obtained, but it would be nt^cessary to forwiinl [30:2] them immediately, as *it would be impossible to kt'cj* them lonj;' to,i;i'tlii'r. I accordingly wrote at once a letter to Mr. Fri^ston, reiinestinth tho bills we had printed were in our Iiands and jiosted. The 10th was Suinlay. On the 13th the expedition M'as virtually broken up, Dr. Aschenfeldt recalled, and your excellency in |in38essiou of a dispatch to that efi'ect. Thedifticulties under which we had to lal»or were, in tln^ beginning, very great. In the tirst place, shortly before our arrival, tho navigation of the great lakes was opened, aud thousands of men who had been idle for months were at ouco thrown into [M] employment. A week before Mr. Shuman arrived at IJulfalo, "six hundred workingmon had been withdrawn from that jdaoo to work on tho telegraph line through Newfoundland. In short, work was plenty and the weather mild; it is, iheret'ore, but little wonder that nnder such auspicious circumstances we did not suc- ceed at once. Then the Americans have, in every city in whicii we have been, a irtTuiting otHcor, where they offered $12 per month and bounty of one hundred and Mxty acres of land, and besides giving liead-nioney to the runners. Again, a groat antipathy appears to prevail throughout tho United Slates to British service, and a Jlroiig mistrust of the whole jusiness, fiotu the occnrrence relating thereto whicli tiiok place in the Eastern cities. These difticulties had to be overcome, and just when we arrived at a point where tho pros])ects began to brighten, and wo had tangible hopes of our ultimate success, the wlnde matter, as far as ourselves are coucernoil, is u'ivi'ii up, without my being in the slightest instance consulted or advised with. From iirtaiu remarks of this Mr. Brow in;, 1 am led to believe that the eoiulnct of the mouoy matters of thoexpediti(m has also b(!en calhul in (pu'stion. In refutation of any [VI] such malignant charge, I respectfully beg leave to Huljjoin my accounts, aud *ro- (pu!st tluit those of my ollieers may be strictly examined. Afi'w w(vr(ls in relation to tiie charge made against me l)y Mr. I'l'i'ston. The first i» limply enough refuted by all that part of the uhove statenient wliicli rioters to my ;ir(lep,s and instrueti(Uis to Dr. AscIicufeJdt and Jlr. SluiniMn. Of tiie second, I have Imt t(t observe, that wIkmi I started from Halifax 1 was undca- the impnission that I was ijiven charge of this expedition in the United States, tliat I had discrelionarj imwer to take up my headiiuarters wiicre I dei^neil b(;st, aud v.here I (iould most read- ily hrar fnuii my assistants, and not that my conduct was to be subject to tiie espion- !.;>' anil impertinent interference of nnm of wlioiii I had no knowledge whatever, in I'lmiection with this exptMlitiyn. I refer to idr. 15ro\vne and others. Nor can I coii- "'ive hi)\v Mr. Preston could coinmir sneh a j^ross eri'i)r as he has done, in brealcing up this cxpcilif ion, without stronger and uiure salliiient ri'asons. 1 have new to make a few remarks on Mr. Prcvston's conduct in counecti«>n with this ii'.isiui'ss which, however painful it may l)e, I <'onsider it my duty to your excellency, under whose orders 1 have beiui engaged in tliis matter, and to myself. Mr. I W] Preston, in the first ])lace, as early as the 7th inst mt, * violated the si>irit and letterof your instructions to nw, in twoiustauces. First, by failing to pay my draft *'Mit by Mr. Shuman, and; secondly, by sending Mr. Shuuiau down to Windsor vvheu I * lit liiiu to Albany. In short, I have failed to meet from Mr. Prestt % }■'* . - f li', Herta says, " I suppose bj' this advertisement we would get some men." Q. Where did youlast see Hertz before sailing from Philadelphia with your men ? — A. I saw Mr. Hertz on the boat. He came down in tlic morning to the wharf where we sailed from, and it was at that very luo ment that he gave me the money, $25. [310] *Q. On the boat Delaware, on which you sailed on Sundav morn- ing of March 10, 1855 ?— A. Yes, sir. Q. Will you state to the court and jury whether you recommended to Mr. Crampton a certain Colonel Burgthal ? (Mr. Remak objected. Objection was sustained.) Q. (By Mr. Van Dyke.) Is there anything else you recollect in con- nection with Mr. Hertz that you have not stated ; if there is, state it } any conversations that you had with Mr. Hertz or Mr. Crampton about Mr. Hertz being engaged in this business? — A. I remember a conversa- tion with Crampton about Hertz, where Crampton said he believed The question and answer were ruled out. Q. Do you recollect any conversation Mr. Hertz had with any per.son or any conversation yon had with him? — A. I heard many conversations of Mr. Hertz with other officers who left for Halifax. It was a promi.se Hertz made to these men in the name of Mr. Howe, and, through Mr. Howe, in the name of the English government, to give them commi.ssions in the foreign legion if they would go to Halifax, if they were military men before, and so on ; and when some of them would express [311] doubts on the *subject, Mr. Hertz would try and prove that he had really the power to promise. Q. Anything else ? — A. I remember there was some money given to the men by Mr. Hertz. Q. Which men ? — A. To the men who enlisted. Q. What was money given them for ? — A. To pay boiird to the very day they sailed — from the time of enlistment to the time of leaving. Q. Who paid for the tickets ? — A. I suppose Mr. Hertz ; I do not know. Q. Who gave the tickets f — A. Mr. Hertz did. Q. For the seventy-eight you took ? — A. Yes, sir. YING COUNTER CASE OF THE UNITED .STATKS. 503 8, I IteR leave to ant, TllOBKI., Foreign Lcijion, ,9 delivereil to t you in "effr- ulelpliia .'—A. ;e ill the news- A. lie «iii\v but those iiainos' Q. You say you n'ccivt'd money IVqiu Mr. llert/ ? — A. Yes, sir. ii,. For what purpose? — A. 1 nuu'ived money troiu Mr. Hertz, and was ohli;jfe(l to }iive him a kind ol" note, in whicli I stated I had received 80 uuh'Ii money, and it wouhl bo repaid. Q. (8iio\vin}{ witness a paper.) Is this paper si to -Sl'."*. WiTNKSS. The sioimture is true, but I believe the 25 is false. I act- ually reet'ived on my word of honor, from Mr. Hertz, $10, but I never romend)er havinj? j^iven Hertz a reeeiptfor this $25 1 received on board the boat ; I mner renuMuber, but there is a possibility. i). Y'^ou stated in your examination-inehief that you received $25 tin? day you started ? — A. Y'es, sir, 1 received $25 that day. Q. You state now you cents ? — A. To I'lirde and several otiiers ; their names are in tiie list. Q. ^Vere any of those ])eoplc very poor ? — -A. Y'cs, sir, some of tiicm were. Q. Did you know that these people were actually iu want of food ?— A. Not in want of food. Q. Do you believe that these people had any money at all? — A. I be- lieve they had none. Q. Were they not looking out for work ? — A. They had been looking out for work. Q. And could they get it? — A. They said they could, but, as tlicy were detained, they must be paid. ING COUNTER CASE OF THE UNITED STATEH, 505 those names' vH, sir. '. IIlMtZ, 1111(1 had letuMvi'd }}■ you ?— A. I. 8TUoni;i.. ■ it had been false. I iU't- >, but 1 iicvci' vod on hoanl eived .^-*.") tlie jX givtMi a re- lj;c thissij,'ir,i- stating' I only s in nnmbors any i)iii)oi' lor 110 uey. ney lias been lon came in at Hi at were tlio ; conversation ■tiseiuent, and md if you fool will s'iv*'- you is, if you are vice. )ldier for tbo wanted thciii 1 service. to several nl ome -5 cents, >in be gave 21 in the list. some of them mt of food ?- ill ?_A. I be- been looking but, as they Q. They couhl jjet work, thoy said ? — A. If they would not h(\ retained. *i^. Ditl these people use the word retairu'd ? — A. They said they [317] could ;;et work if they were *uot kept waitiii^heredoin^jnothlujf, and bein;? promised every day that this vessel should sail ft>r Halifax. (}. Thou these people did n(>t employ the expression retained""? — A. AVell, they were retained. Mr. ItEMAK. You have to j-ive tim conversation exactly as it took place; be very strict ; what lan};(uij;e did these peoi»le speak.' — A. In the German. Q. Then they had no idea of the word '' retained .'" — A. We have a word in (Jerman that means as much. (,). What is it ?— A. "Anjieholten." Mr. Remak. May it please your honor, that word means detained. Q. Did not tluse pe()i>le nu'an to say that their time was wasted by beiii}? unem|)loyed if — A. No, sir, they said or meant, by sayiu<^ so, that tlii'ir time was taken by Mr. Hertz. Q. Did not some people come into the olbce who declined to go to Halifax ? — A. Not that i remember. Some of thei'v came once, but never afterward. (),. What did Hertz say when they decli n 1, if you recollect ['ilSJ they did de(rline ? — *A. I (lo not remember thit any one declined. Q. Did 3[r. Hertz offer them anythinf* the moment he sj)oke of fjoinff to Halifax ? — A. Not at that moment" Q. Mr. Hertz did not otter them anvthing when b- asked them to go to llalifnx ?-A. No, sir. Q. Di«l lie actually ask them to go to Halifax ? — A. Yes, sir. '> Did he not leave it optional? Did he not ii-present the matter tbat they would get employment there ? Witness. Get employment in Halitax ? ^Ir. Remak. Some employment. Witness. No, sir, that could not be, because this advertisement was lying on the tal)le, and for that purpose the men came up. Q. When the men came in, you say Hertzdid not offer them anything; when they were ready to go to Halifax, what did Hertz say ? — A. Mr. Hertz said, I have a vessel ready for you to start in a day or so. Q. Did he state for what purpose this vessel would start ? — A. For conveying these men to the foreign legion at Halifax. [319] Q. You stated that he gave some of the *men $1, and some '25 cents; to how many of the men did he give anything at all? — \. It is very diflicult to say. Q. Did he give to twenty "? — A. I suppose that is the number. ton in reference to recruiting for the British government? — A. Yes, sir. Q. State when you lirst saw him, and how you happened to go to see him ? — A. I was engaged as superintendent on tlie raiiaina [350] Kailroad, but being sick, *returned to the United States and weiit to see Mr. Alarcy and Mr. Cushing and other gentlemen, and when in Washington became acquainted with Captaiu Strobel. I knew Mr. Strobel previous to this, five years before. Mr. Strobel informed me that Mr. Crampton was seeking officers for this business. In the end of February I wentout with Mr. Strobel to see Mr. Cramptou ; I went to Mr. Cramptou's with Mr. Strobel; he was not at home; he was at a dinner party at Mr. Marcy's ; I left ray card there, and weut to COUNTEn CASF, OK THE rXTTED STATES. 577 is court ?— A. to n'-ci'iiiting Ibltimoro to my family. Four or five «liiys afterward I rccoivod a tole- ffiiililiic dispatch from .Mr. (Brampton, rcqiicstiiiff mo to rotiirii to Wash- iwjilou ; tlic next day 1 diosition. He stated that he had ofticers here, ill Raltimore, in New York, in Chicago, and in different i)arts of the cmiiitry. He then told me that he would obtain for me a commis- sion; that he had authority from Mr. ('ramptla<'e. .ln«lj{e Kam;. Wliat was the (^liaraciter of the introthutiou ? Wri'MOSS. lie was iiitrodiicetl to nie as the a;;ent, l>y my liiciHl, Mi. Strobel. We went down there one morning', ami alter sonic prcljini nary conversation lietween Ilerl/ and Slrol»el,he introdin-ed uu- to liim. Strobel remained in tlieoiitsid<' room, and he asUed nM> wIkiIim | [,'ir>4J wonid iiii to Halifax ; he said that he was a;;('nt *of the lui(ii.|| h'^^ion, and asli«'d nu* whether I had called to ro-eive iiilorimi. tion aliont it. 1 told him 1 had. lie then tohl me that eoiniiiissions were to lu' issiu'd lor nu'n, who woidd ;;o on there, and he sii]i|M)>t.il that 1 wonId ;>et one. 1 then ^ave him my addiess, and he i'c(|ii('sttM| ine to call ayain, an'ew j York. Q. What instructions did you receive from him I — A. He told nietoj go to Delmouico's Hotel, and cull and see Bucknell. We started, audj did not get any further than the navy-yard when we were arrested. Q. You took the men ? — A. I did not take them j they were dovrn the boat. COT'NTnU CASK OK TIIK TNITKI) STATI'S. 579 Q. Tlicy wcro iti your ooinminid ' — A. I Inul normal cominuiid. I was considcicd iis h'iidcr of tli»' piiity. Q. IJy im'iiiiyciiH'iit with Ih'it/. / — A. Yes, sir. (}. IIow iiiiiiiy liiMl you f — A. Alioiit thirty wlicn we started. 'Xu\ I only saw twciv*' when tiic aricst was iiiadr. I lliiiik *tlM. Had \()U a muster-roll? — A. T had. . Where is it' — A. 1 rather think I tore it up when \ was aire^^tiul. . (l>ook containing; the names of the men who eidisted at Hertz's ntlice shown.) Do you know that '. — A. Yes, sir. ' it is in; Mr. Hertz {jfave me the list, audi suppose he wrote it; [ have .seen the book in Mr. Hertz's otlico. ti>. (Paper shown witness containinj>a list of names.) Do you know if that was the list of your comi)any .' — A. 1 think it was, to best of my knowledfje, and 1 think 1 made those marks on it. I had no list i'Sr)!)] "besides this. Q. (Another paper shown witness similar to the first.) Is that a copy |oftliis?_A. Yes, sir, 1 expect so. Mr. Van Dyke here ottered in evidence the list of names which the Iwitness identified as containing the names of the members of this com- Ipany, from which some of the bills had been drawn. The list is read jin evidence. Q. Do you recollect the names ^f James Johnson or Peter Mughn? — I A. 1 do not. Q- Do you recollect Mr. Buckiiell's coming into the office with the Ihamlbills?— A. Yes, sir. 580 TREATY OF WASHINGTON — rAPERS ACCOMPANYING 1^ ■ ;-■ : ^ Q J)o you know whotlior Mr. IL'itz took tliein, and what he did with them? — (Bill containinj? British coat of anns shown witness, same as copied on papre ante — ,) Is that tlie bill '? — A. Yes, sir. Q. Wi«at did Mr. Hertz do with them ? — A. Several were stuck up around the otM-;;, and on the outside, and several were sent to Im- dls tributed. I understood they were sent around to the lager beer saloons. Q. AV^hat became of the bills? — A. Mr. IJueknell took some away, and the rest were burn(Hl. [300] Q. Mow did that happen ?— * A. I went in one morniuji' and saw som(> excitement; they were siiovinjif the [Kipers in the stove, and thoy told nie that Mr. IjUcknell had taken the rest of them away with bini. Q. Did you ever see Mr. Perkins in the ottioe? — A. Xo, sir. Q. What did Mr. llert/ tell you was to be the destination of tin- men you took ? — A. Halifax. Q. What were they to do there ? — A. To enlist in the foreij,Mi legion if they were found physically competent. Q. Was there a physician at the otlice for the purpose of exaininin;; men that came there ? — A. No, sir. Q. Do you know what he was paid for getting- these men ? — A. I do not know the exact agreenient. Q. Did you ever see any telegra[diing or letters written by Mr. Hertz ? — A. Yes, sir. Q. State what the telegraph contained ? — A.. I saw him write a tdi> graph dis|)atch to Bucknell ; he told him to wait. Q. Did you see any letters written by Hertz? — A. Yes, sir. Q. State what it contained ? (Mr. Cuyler objected.) [301] *Q. To whom "was the letter addressed ?— A. To M^. Bucknell. Mr. Bucknell was here recalled. Q. Have you got that letter written by Mr. Hertz ? — A. I never iv member his seiuling one. Q. Did you ever receive the telegraphic dispatch he sent you ? — A. >'ot that [ can remember. Mr. Buud's examination continued. Q. State what was in that letter? (Mr. Cuyler objected.) Q. Where did yon last see the letter ? — A. On Mr. Hertz's desk. Q. Who was at the desk at that time? — A. Mr. Hertz himself : hi was writing at the time. Q. Have you seen it since ? — A. No, sir, Q. Do you know whether it was ever put in the post oflice .'—A. No, sir. By Mr. Cuyler: Have you any knowledge of it except that it wusa simple sheet of paper on which he writing ? — A. Yes, sir, he informed rae of the nature of it, and read part of it to me. Q. Did he give that letter to you after it was written ? — A. No, sir, Q. Have yon no knowledge of what became of it ? — A. No, sir. [362] Q. Go on and stale to the best of your knowledge *and reeolleo tion what it was that Mr. Hertz wrote on that sheet of paper. — A.Mr. Hertz was writing, and I was waiting in the outer office. He askeil me how I spelt my name, and told mo that he was writing about me, »ntl stating that I was coming on next day. I then went cronnd to where be was writing, and he aj^aiu asked me how I spelt my name, and I looke*l Ma,. OMPAXYIXO COUNTER CASE OF THE UNITED STATES. 581 L. To M". BuckiK'll. the post office .'—A. iting about me, over his shouhler and saw he was writinjj; to the agent in Xew York, that I was coniiug on with men, and he hojied, he wrote, that he would keep his word, and send him on nu)ney at the rate of .^4 for superior brauds, and 8- for inferior brands. Q. What did he mean by superior and inferior brands; did he give vou to understand ? — A. Xo, sir, he did not. I understood this per- fectly. Q. Did you see liim writing a teh'graphic dispatch ? — A. I .'iaw him write a teh'graph asking whether 1 should come on next day or not; 1 foi^et who took it to the ollice. y. Was there anything in it besides that ? — A. He did not u.se my name; he asked whether he should .send twenty or thirty parcels next day. Q. Do you know whether he got an answer? — A. Yes, sir. Q. Whiit was the answer ?— A. " Ye.s." It was signed " iJ." I think it wiis "Yes; all right." It was in the atliriui tive. He then ■;}(}3] told *me lo get ready to go next morning. (}. Did he say anything to you In reference to getting direc- tjtins in Xew York as to what to do? — A. He told me I would get direc- tions f(ir money or assistance from the agent at Delmonico's Hotel to ItriMced on to Halifax. Q. Did he nu'ntion the paine of the jer-son there ? — A. He asked me ulii'tlier I would know Ducknell again, and I told him yes. Q. Did Hertz give you any nuniey before you left ? — A. No, sir. {]. Have v()u had any conversation with him after your arrest ? — A. 0. yes. Q. What was it ? — A. He said so much I cannot state it. (}. State what he said in refereiu-e to this recruiting business after you were arrested ? — A. After they had arrested me, the marshal went iiu shore and arrested Hertz at his otlice, and t' .'y kept us in the Dela- vrait a couple of hours, until they had prei)arations made for our recep- tion. The dei)uty-marshal kept the boat out, and when we canje up to tb. office 1 fimnd Mr. Hertz here. He said, "all right; I will bail you out," and I did not think anything more about it until I was com- mitted. pJW] Q. Did he say anything about remaining quiet .* — *A. Not then ; not until the latter part, whr-i I had .some dilliculty in pro- curing bail. Q. What did he say to you then ? — A. He .said keep (juiet; I will liavi' you out. He afterward said .something about the matter; it was to keep my mouth shut ; it would be all light ; I would be v. ell paid tor it. Cross-examined by ^Ir. Cuyler: Q. Wiien was it you wer > arrested '. — A. I cannot exactly remember tbeilav, but it is very well known ; 1 think it was in the latter part of March. <^ Was there any jirevious communication between jourself and the luited States officers before the arrest ? — A. None whatever. <^ This arre.st was not, then, in consetjuence of any conversation be- tween yourself and the authorities, dire(;tly or indirectly ? — A. No, sir. Q. Your arrest was a complete surpri.se to yourself? — A. Yes, sir; to Bit. I was totally unprepared for it. Q. Where did the conversation take place when he told you to keep .vourniouth shut? — A. Once down in the prison and once in the com- Diissiouer's office. '»'-i ' '1 ^^i 582 TREATY OF WASHINGTON rAPERS ACCOMPANYING Q. (By ]\Ir. Kemak.) In wliat country were you born / — A. I (Icclino answering: tlnit question, as it implicates myself. 1 have been advised to o 1 understand you to say distinctly that to answer tlie rjuestion, where you were born, would involve you in a ( rimi- nal prosecution ? — A. Ko, sir; but to answer whether I am u citizen or not, would involve me in a prosecution. Q. (By ]\lr. liK3iAK.) Have you not been arrested and held to bail before tlie United States commissioner, Ileazlitt, on the charge of liav ing retained and hired men for the foreign service? — A. 1 believe so; that is the charge on which 1 was arrested and held to bail for a fiutliei' hearing. Q. AVas you not on the IHth of March, 18."), a defendant from Com. missioner Ileazlitt; that was the day you were arrested? — A. Yes, sir. Q. Did you not turn State's evidence on the 28th of jNlarch against Hertz ? — A. I believe that was the lirst day I gave evidence. Q. Did you not say before the United States connnissioner that Hertz had ])iomised you money in case you would keep your mouth shut .'— A. I di«l so at that time. Q. Did you not receive that money because you were in very desti tute circumstances ? — A. No, sir ; 1 did not. [3G0] Q. Had you any money in your pocket at the time *you were in prison ? — A. I had. Q. How much ? — A. 1 had suflicient. Q. You stated in your examination-in-chief that Strobel intvodiieod you to Hertz, as an agent of the English government; why did yoii not say so before the United States commissioner? — A. 1 said so ; 1 do not know whether I used the exact words, but to the same sense. Q. It is here in the published report of the i)roceedings, that you said: "1 was introduced to Hertz about the loth of March, In 31r, Strobel ; was introdu ;ed to Hertz as the })ersoi: ,vho would give me all the information about organizing Did you not say that l — A. Yes, sir. Q. You said to-day that yon was introduced to him as the agent of the English government, — A. For that purpose. Q. Did you, or did you not, st;'te before the United States commis- sioner that Hertz was introduced to you as the agent for the English government ? Y'ou say now that he was introduceil to you as the iij>('iit of the English government. — A. He was introduced to me as agent ap j)ointee enlisted in Halifax, if they juoved ]>liysically competent .' — A. Yes, sir. Q. Did you hear Mr. Hertz say at any time that " i>hysically rompe- tcnt" men would be received at JIalifax ' — A. No, sir; not these exact ^vol'ds; he has said if they were sound, and has asked me if thev ^^ere all rij>iit. Q. Why did you not sa> that before the United States commissioner? —A. T suppose I was not asked ; 1 do not know the reason I did not. Q. Did iu)t your examiiuition before the United States commissifmer last for sonu» time ; for two hours ? — A. I do not know ; it lasicd for some time ; I coidd not exactly say what time. Q. Was not you asked at the time all you know about it ? — A. I was, hut I may have forgotten some particulars; I hat. heard so much [370] that I could not remember *exactly all. Q. How comes it that you remember it now, and not then ? — 584 TREATY OF WASHINGTON PAPERS ACCOMPANYING A. There is some conversation whiulx I related then that x cannot re- member now. Q. Wlio have j'ou had conversations with in the mean time about tliis proceedinjj, that is, from tlie 31st of March to this 2;Jd of Sei)teiiibei' J — A. Witli a f^reat many persons with whom I am acqmiinted, I merely talked the nuitter over. Q. AVas not you very i)artial to carrying on the war in Europe against liussia, and for that reason you wanted a commission ? — A. I do not know, sir; I never remember exi)ressing my sentiments-, I wanted to go there to have a tight, and 1 did not care which side 1 went on. Q. Have you not changed since that time in regard to the war in Europe i — A. No, sir; not in the least. (^. You are now on the liussiau side 1 — A. No, sir; 1 am not now on any side. Mr. Van Uyke here stated, that as the attorney for the defence (Mr. Eenudc) had s<'en lit, in order to impeacii the testimony of JMr. JiiuUl, to read a i)art of his testimony before the United (States commissioner, in justice to Mr. Budd he deemed it proper, in corroboration of the [371] testimony of the witness, to read the whole of the *testinion,v before the commissioner, that the jury might see that theui is no discrei)ancy in the two statements. (Mr. Budd's testimony before United States Commissioner lleazlitt is here read by Mr. V.) John Jacob Bosschart sworn. Examined by Mr. Van Dyke : Question. Do you know Mr. Hertz! — Answer. Yes, sir. Q. How long have you been acquainted with him ? — A. I guess I got acquainted with him last March. Q. Where did you first get acquainted with him ? — A. I do not know exactly whether I got acton ?— A. lie did not say what had taken ijlace betwen him and Mr. Crampton, not that I recollect. Q. You recollect the departure of Captain Strobel and his company ?— A. Yes, sir. Q. Were you at the wharf at the time ? — A. Yes, sir. Q. Was Hertz there ?— A. Y'^es, sir. Q. To assist in getting- them off ?— A. Yes, sir. Q. Did he engage that company to go to Halifax?— A. Y^es, sir. Q. For what purpose ?— A. For the j)urpose of enlisting in the foreign legion, as I understood. Q. Do you know whether he went to Xew York to make arrangements forsi'iidhig that company irom New Y'^ork to Boston?— A. That com- luuiy started from here on Sunday morning, at 10 o'clock, and Mr. Hertz went to New Y(uk ou Sunday night, in the half-past [375] 1 o'clock *train, to nuike arrangements to see that the men got oil' from New York ; he returned to this city on Monday night or Tuesday morning. I saw him on Tuesday morning again in tlie otlice. Q. While he was away you had charge of the oilice { — A. 1 had charge of tbe otlice. Q. Were you directed to conduct the business for him while he was away? -A. Yes, sir. Q. And those men who were enlisted during the absence of Hertz ou Monday, were engaged b^^ you at the direction of Hertz ? — A. Yes, sir ; I took the uames ou a piece of paper as directed, aud told the meu Hertz ,& 58G TREATY OF WASHINGTON rAl'ERS ACCOMPANYING ■it ¥ .U 3' ' J i !• »' would 1)0 back on Tuesday', and find a vessel to bring tlieni on to Ilal- if'ax. Q. AVliy did you not take tlie names in the book during liis absciUM' .*— A. I guess I was directed by Air. Hertz to take then) down on the i)ii])(>r. Q. (Paper shown witness.) Is that in your writing'' . — A. F could not say wliost^ writing it is, some of it is written by • , two of tlic iinnus are written by lue, Robert Korn and Peter S.iole; it is the list wliicli Avas kept in the ollice; that list contained the nan)es of those who on gaged to go. (). (Another i)aper shown.) Ts that another list of the nanios [370] kept in the ollicci ? — * A. Yes, sir; there is none of my writiu-^' on that. Q. (liook containing the names of those who en'isted, which has al- ready been published, shown.) Look at that book and say whether you see any of llert/'s writing i:. it? — The names on the first page, I tliiiik, are all written by the men; on the second page also; and on the tliinl page some of them are written by Hertz. Q. (List of oflicers in the l)ack of the book shown witness.) What is that ' — A. That is a list of the otilcers. It is in ]Mi-. Hertz's writing. It contains the names of Strobel, Msson, Hhumann, r»iel, Lisepiumy, Ihidd, Aschenfeld, liiter, and Anglere. I know those men engaged to go as ofiicers; sito(l the advertise- Budd ? — A. I think that is the last list .shown mo; but I aAi not sure of it. Q. Do yon know whothor all those »viio wont with l»nd«l wore ongajjed by Hertz to go with him ? — A. Tliey were engaged Ivy Hertz to go to Halifax. [oTSJ *Tiie witness was here qnestioned hy Judge Kane as tothelarger book whieh he had identified asc(»ntainiiig a list of the names of jierson.s enli.sted. Q. Was anything written ivi this book on the i)ago preeeding that cou- tiiiniiig the name ? — A. No, sir; it is a li.st ofoflicers, with their rank. Q. it has been out out ? — A. Yes, .sir; the list ofoflicers is ent out. Q. It was the list of ollicers with their rank? — A. Yes, sir; they put their names down, and the rank they were to hold there was put down by Hertz. 1 mean military rank. Q. Tliat was all on the page cut out? — A. Y'^es, sir; there are two leaves cut out; one was for tlie commissioned officers, and one for the noncommissioned officers. 1 re(^ollect there is a list of otlicers written in the back of the book after they were cut out; and that was just a memorandum. Dr. Peter Joseph Reuss sworn. Examined by Mr. Van Dyke. (}, You are a physician 1 — A. Yes, sir. Q. What country do you belong to ? — A. Uesse ; 1 have been in this country this liOth of Septend»er is four years. [379] * (}. Will you state whether you came to Philadeljdiia in March or Ai)ril last, and for what purpose '? — A. 1 came to Philadelphia for the pnrpo.se of going to Halifax ; I was to go to New York and thence to Montreal ; I came here induced by a proclamation in the Philadelidiia German Democrat ; 1 went through here to New York, and from New York to Halifax. (^ ]>id you stop at Hertz's here ? — A. No, sir. Q. Why not? (Mr, Kemak objected.) (J. Had Hertz l)een arrested at the time you arrived here? — A. I do not know that, because I did not stop in Philadelphia ; I went to New Voik and Montreal, and then to Boston, and from Boston to Halifax in the Africa. i}. Is that the steamer? — A. No, sir; the bark Africa. (v>. When you got to Halifax, where did you go, and who did you sec .'—A. 1 went to the Provincial Building, and spoke with Mr. Wilkius and Mr. Bruce McDonald. Mr. ]{E:\rAK. Be good enough to bring this home to Hertz. Q. (By Mr. Van Dyke.) llave you at any time had any conversation with Hertz, before or after that ? — A. No, sir. [380] *(J. When you arrived in Halifax, state what you did. — A. I went to the Provincial Building and met Wilkins, the first secretary of Nova Scotia, and the same day afterward I spoke with SirGaspard Le Marchaut, the governor of Nova Scotia. I s«Mit .some •lays bofore a letter, in the Frencli language, to Sir Gaspard Le ]\Iarchant, ami told him what I came to Halifax for — that I was induced by his pro- elamation. I had sent a man before to No. G8 South Third street, Phila- delphia, to see what the business was, because it was in the proclama- tion that physicians and surgeons would be engaged with good pay ; audthis man came back aiul told me that the whole business had been 5-^ t^-f 1 n .jpt'-ft r (?•• > if* ?f , if ' h,i, r 'f' '' ■" ' 'f 1 f! "if ^' »v K i ' if. ^ i. I* ■t 'i 'i^' 1' !i: 588 TREATY OF WASHINGTON rAPERS ACCOMPANYING m''t '»'»#■ -if stopped l)y tlio United States attorney, and that he had spoken with one man on the subject, but he did not tell ine his name, and he told him tliat tlie business was all lijjfht, to j;*' to Halifax, and I would lu> enj^aged as physician for the regiment. I wrote the letter, but did not receive any answer, because I he business was stoi)ped. In Ilalifax, the goveruiU' told nie that I could not be engaged unless I raised nun. I refused that, because I told him I did not come for that business; I came to be engaged as doctor and not as recruiting-ollicer. ]\Ir. Wilkins called on me some time afterward, and told me that if I liiistMl [381J men in the United States, 1 *should be engaged, but not if I re- fused ; and then I was obliged to go, because the goveinor told Hie I could not be engaged without this; then I was eujployed as otliccr of recruiting, and went with Captain Strobel to the States, aiul was sent by him to Detroit, in Micdiigan. Q. Did you hear any conversation at any time between certain vith Mi'. Strobel. Q. They said that to Strobel? — A. Yes, sir; and that he would go to Canada and the States, and arrange this so that we could raise trooi»s without danger. [382] Q. What plan did they give you to raise *these troops without danger? — A. That is what they si)oke to Captain Strobel. I did not hear every word, but heard them tell him that we should go to tiio States, and arrange the business so that we cannot be caught by the United States oflticers. Q. They told Ciiptalu Strobel that he should go to the States, and ar- range business so as not to be caught by the United States oliicers ?— A. Yes, sir. Q. Who told Strobel that? — A. Mr. Crampton; he made the arrange- ments with Strobel, and spoke that to Sir Gaspard Le Marchant. Q. What plan did Mr. Crampton say you weie to adopt in the States to prevent being caught by the officers ? — A. That we should do it very still ; not to work too openly, and that we should enya-^e runners and any other men who would bring men to the depots, and from these depots we were to send them to Canada West, to the barracks. Q. What kind of runners did he speak of your engaging?— A. Boarding-hoLise runners, emigration runners, commission-house rumieis, and everj' kind of runners, I belie \e. Q. Did he say anything in reference to what you were to say to these men ? — A. That every man was to receive $30, and $5 was to bo [383] taken for payment of expense; that is what 1 learned *froia Stro- bel afterward, that is, what was promised the men. Q. Was anything said about that in conversation with Mr. Cramp- ton? — x\. No, sir, not to me; it was ')oken to Mr. Strobel. Q. He told Strobel they were to have $30 ?— A. \\'s, sir, and $S a month pay, cash. The bounty was given for enlisting. Each runner should receive $4 a head for enlistments. COUNTER CASK OF THE UNITED STATES. 589 liouse niuueis, Q. That was tlio pay of tlio ninnor? — A. Yes, .sir; if the man was capalth' of l)ointh of iMay, and we came to Windsor, in Nova iScotia, and when we got there we took the steamer to Saint John's. Q. Where did you next meet ^fr. Crampton ? — A. I saw him in Windsor, and saw him on the ship to Haint .lohn's, and next day at Portland. At Windsor we took the Creole for Saint John's, and I saw Mr. Cram[>ton in the presence of Lieutenant Preslon and another English olticer ; I do not know his name. He came on board to ns there ;it Saint John's. He talked very often to Captain Strobel, and I went in the same ship with him to Portland. (}. Did you see him afterward in Portland? — A. No, sir ; know he left tlio steamer at Portland. Q. Wherefore ? — A. To go to Arontreal. Q. Who went with him i — A. I believe Captain Strobel. 1 took the cars for Boston, and from Boston to Niagara Falls. Q. For this purpose? — A. Yes, sir. At Niagara Falls I expected Strobel with orders how we should go on. Q. You did not see (h'aujpton afterward? — A. No, sir. Q. Did you see any written instru(!tions at Halifax ? — A. T saw the proclaniation. Mr. AVilkins showed me the proclamation for enlisting. Q. (Proclamation with British arms on it shown the witness ; [385] same as on page — , ante.) Is that the one? — *A. Yes, sir, I saw that; Mr. Wilkins gave me one of them; he gave it to me in the Provincial Bnilding to read it; he was secretary of Nova Scotia. Q. What did he say it was for? — A. It was lor the foreign legion. Q. Did he say that this was the placard nnder which they were acting ? — A. He told me if I should be engaged, I should go on to the States and raise troops, but that without tliis I could not be en- gaged, saying what Sir (Jaspard said to me. T did not see Mr. Howe; he was not in Halifax at that time. I heard very often from kiD). Q. Have you at any time seen Mr. Hertz ? — A. Not in this business. (}. Did he ever say anything to you about this business ? — A. No, sir. When I came with Strobel, I heard from Halifax that we could not be engaged because we did not do anything in getting men. Q. What do mean by that? — A. That we did not raise plenty of men, and squandered all the money, as they said. William Eckert sworn. This witness did not speak English, and was interpreted by Mr. Oehlschlager. I i If \m 590 TRKATY OF WASITIXOTON — PAPERS AC'COJIPANYLVG M % :#'' = i'HS*'--''' ' Exainlned by Mr. Van Dykk : (iiu'stion. Can you write? — Answer. No, sir; I can read my name. I ktMMV Mr. Hertz; I saw Iiini at No. 08 South Third street. [380] *ii. Whatdi-,nested to me another who went «iown with iiit'; my friend spok(^ lor me, and said, "Here is a man who wishes to enter the Ilritish army." Q. Whom «lid he say that to ? — A. j\Ir. IJosschart and Mr. Uiidd. One of the gentlemen answered, "We do not busy ourselves with it; we will merely send you to Halifax, and then, if you wish to serve you ciin serve, and if you wish to work you can work;" tliat tlie men were enlisted in Halifax. .My friend asked how nuudi bounty money in hantl was received, and Mr. l>udd tohl him he would receive as boiuity thirty dollars, and eight dollars a month. Well, then, 1 asked whether there was nothing paid in advance or immediately for the tew days I would have to remain here. They said they gave nothing; tlieii 1 went away. They asked me wIm my name was. 1 did not write it. Mr. IJosschart wrote it. *il. Where did he write it? — A. On a sheet of paper. Q. Hid you agree to go ? — A. Yes, sir. Did you get a ticket for your passage ? — A. Yes, sir. Who gave it to vou ? — A. JNIr. Hertz. [387] Q. Q. (i. When was it he gave it to you; the day you sailed or before .'— A. On Wednesday afternoon. Q. Did you engage to go, with the intention of enlisting when you got there ? (Mr. lleinak objected to the question as a leading one.) Judge Kane. The question is too directly indiretation of tlie hin^Uiij'C of llu' witness. Oil the conclusion of the examination he called Mr. ()chlschla;;'i'r to the stand, for the purpose of (piestionin^ hini as to his interpretation of tho witness, but, on after-consideration, waived tlie examination. Augustus Trrus sworn. Examined by Mr. Van Dyke: (Jiiostion. Do you know IMr. Hertz? — Answer. Yes, sir. Q. Which is the i)erson.' — Witness, (pointing' to Hertz.) That is tho geiitleinau, sitting there. Q. State what you know of this matter. — A. Well, I was here in the city without work, and 1 had no boardinji-house to j>o to, as my land- liuiy had told me to leave; so I read of this phicc in the Ledj;t'r, and wont down and saw .Mr. IJudd there and a coni)le of other {••entlemen. I went in and asked them if this was the place wliere they.enlisted them, and I wiis told [:]!)(!] (}. Who did you ask that? — *A. The yentlemaii is not here ; he was a stran};er to me. IVIr. Hertz was not there the lirst time. Q, Ilowlon<»' was this before you sailed ? — A. It was about 3 o'(;loclc ill the afternoon of the day before, liien 1 was told tiiat I could not SCO the aj^ent now, that he was out, and to come in two hours after that time. 1 came in, and I saw Mr. IJiidd, and he asked my name, and I told Iiini my name, and he wrote it down on a sheet of paper. Judge Kani:. How^ came he to ask your name? — A. Well, I don't know, without he wanted to put it down, Q. Did you tell him what you wanted? — A. I asked him if this was tlie place wliere they enlisted, and he said no, it was not the [ilace where tliey enlisted, but the jdace where they j;'ot men to take them to Halifax. (l For what purpose? — A. For onlistiny, I yave them my name. My intention was onlj- to go to New York. I was going to Xew York, and there I was going to leave them. Q. Did you tell him that was your intention ? — A. Xo, sir; I did not; 1 kept that to myself. [■illl] *Q. You were going to outwit them, then, I suppose ? — A. AVell, I was going to try to ; I did not know whether I would succeed. Q. What did you tell them you intended to do? — A. I told them I intended to go out to Halifax, for the purpose of enlisting. Q. Whe!i did you see Hertz ? — A. On the morning we sailed I saw liiiu, I wenf to the office, and asked him what boat I was to go on, and lie said that he would be down and make arrangements. There was Mr. Hertz, Mr. Budd, Mr. Bosstdiart, and another gentleman standing talking together, and I went down to the boat and waited until Mr. Hertz came down. I cannot say whether he cane with Budd or noG. I stoi»ped down at the boat, and before we started Mr. Budd went around the wharf to see whether any one else was off the boat, and wlien he found there was none there, he came on board, and just before ^vecomiuenced to start he called us all up. He did not form us into a rank. Sometimes he came to us one by one, and sometimes two or three were collected together, and he would ask our names. AVe told [392] him our names, *and he marked a cross, 1 think. 1 won't say it ;o2 TREATY OF WASHIXOTOX PAPKRS AfrOMPANYIXO pi;.. h was ii cross — it was a mark of liis own on tlio paper. At tlmt time wi' went down to tlic navy yard, when ^larslial Wynkooj) ( atchcd us. (Lau^jliter.) C^. Did you },M*t a ticket ? — A. Yes, sir; T ;j-ot a ticket of .^Ii-. l>ii(M. at 08 Sontli Third street. Mi-. licit/ was not tiiere at tlie time, f the letters, ('• N. S. K. C") I have had tliem in my head from that diiy to this, and ever will n'memher them. .Ind^c IvAN'Fi. IN'rhaps you can tell us what those h'tters uieaii.— A. No, sir; I cannot. They stand for somethinj,' I am not ahlc to tell. Q. You say you can read, (paper shown.) Is tliat tln^ paper he marked your name on ". — A. Well, I cannot say wliether it was a whole sheet or half a sheet. He had it lyiny- on a table. Q. Well, your name is on that sheet ? — A. Yes, sir; my name is on there, Xo. J). Ml'. Van Dvke. Is there any cross-examination ? [303J *]Mr. Ci:vi.i:i{. There is a frankness about this witness that quite disarms cross-examination. Ciiaklks Weavkr sworn. Kxaniined by ]Mr. Van Dyke : Question. J)o you know Mr. Hertz ? — Answer. Yes, sir. Q. Can you point him out here i — A. (rointin<^- to Hertz.) Tiiat is tlie gentleman. Q. JJitl you SCO him in March, 1855 ! — A. Yes, sir, down in Third street. Q. What did you go there for ? — A. I went down because I heard from some of my friends that they wereenlistinjj soldiers for the Jiiitisli army there ; I went down — it was an hour before they started — and I asked him whether he enlisted men to j>;o into the JJritish army ; he said no, 1 «lo not enlist, but if you want tobeeulistc»l I will yiveyon a tickit to Xew York, ami from there the ofiicer would y,ive me a ticket to Kali lax. Q. J)id you tell him you would enlist in Halifax ? — A. Xo, sir; I did not tell him that. 1 told him I wanted to enlist, and he j;ave me ii ticket; he did not give me any njoney. He took my name. [394] Was it written in a book or on paper? — *A. I supitose it was written on a sheet of paper. Mr. Uertz took my uaiue; he wrote it. Q. ])i'*^ •e you a ticket ,e'u tieket to :>so, sir; I did lu' Kiive mo a \\y iiaiiie. iUi)i»ose it was uiy uauie; lit; vou had'- t- street wharl; Til .with a friend [e, and he said lu the boat; he , ami called us lirteen meu to- He took tbe Stber, and told »_ into rank itingtoBudd.) leman* Patriciv Conrov, s\v(»ni. Kxaniiiicd b.v Mr. Van ^^vke; (Jiiestiou. Vou have been cxaiiiincd'boforc in this case. — Answer. Ves, sir, before^ the coniiiiissioner. il State to the court and Jury what yon know in this matter, and what you havi^H'ai'd Ironi citlH-r of these (h'fenihints, Ilcrt/ or I'er- kins. — A. 1 nt^ver saw llert/, but at the I'nited Slates cotiiniissloner's (illice I liiid tlu' conversation about this matter with Mi\ I'crkins. {). State when you had that eouversalion, ami what it was. — A. Well, I was introduced to Mr. I'erkins at the JVniisy Ivanian ollicc. I.s it iieces- >;iiy lor llu^ to state all of this matter? Mr. Van Dvkio. If it relates to the issue now on trial, stat(> all. WiT.NKSS. I was introduced to .Mr. I'erkinsat the Pennsylvanian ojllee some time last December, J suppose in that lU'ij'hborhood ; and a few days afterward I had a conversation with him sit Mr. AlctJeoy'H UK)] hotel, in * Walnut street, in which he said there were thinjL,^s he mi;>ht wish to talk to me id»out ; I did not unilerstand it at the time, and, not knowiiijn' what ho meant, I did not say anything.; the next tiiiii' I met him was at the IVnnsylvanian oflice aj;ain ; he was about liiiviii}; it in the eveidny, ami './e was cursin;-' and icajly to kill all al)out till' otli(!e, damnins: everybody in theollic^e; J asked him what was the matter, and betook me by the arm and we walked down a little; he said that he had just been writing a letter to one of the lords in I'^n;;-- land, who had (d»a)'<''e ^f the governnu'nt there; that he had everythiu};' linlit with the IVnnsylvanian newsjjajter lu-n*, so far as sidin,;;" witl> till' }'i)\ eminent ajjainst ifussia was concerned, and when the lirst t!iiii<>' he saw that morinnf»', was an artich^ directly a^^ainst what he had written to Ennhir army, bnt he ( t)idd in tlie fnrei;:!; legion, and if I liad friends wlio wonhl take snch jmsitions, he woiilil guarantee them the same, and if I saw any wlio wanted to eidist to Mini them over to the otliee, G8 South Third street. I said I would do so. and he then remarked, I am now in a hurry ; I am going down to the ]]riti>li consul's; I have news from Washington, and I will see you when 1 ruim back. I luul no more conversation with him on the suhjt'ct, tx [309] cept that he told me he was an agent of the British gov*('rmiii'iir. and luul three hundred or four lauulred men to look after in tlii- country, and pay them. lie told me that on the occasion wIhmi lie liail to see me in a hurry ; he repeatedly told me that he was an agent ot tin British government, and solicited my assistance in all these ways for tLi l>urpose of raising men for the foreign legion. Q. Did he tell you where the enlisting was done? — A. lie did; Ik- pointed over to the ollice. No. (58 South Third street. Q. Where was he at the time .' — A. Standing on the steps of DuniiV Exchange Hotel. Q. How long before the arrest of Hertz ? — A. Some two or tbit-.- 'Weeks. Q. Are you in the volanteer corps ? — A. Yes. sir ; I hold the coinmi- sion of colonel. • Q. Did he ask you anything about the commission you had .' — .V. Yt-. ftir, he asked nu', what commission I held, and 1 told him colonel of tli-- Second liegiment of Pennsylvania Volunteers, and he said he coiiliu but there was nothing stronger in them. Q. Did he tell you at any time, or do you know, that he actually »;; | gaged any pervson to go to Halifax for the purpose of enlisting, ami. d so, what person :' — A. I do not, sir; 1 know he tried to engage me. Q. Did he not engage you 't — A. No, sir ; I refused him, and he tiietl j to get me to solicit others to do so. By Mr. Gillon : Q. He said that you could be useful to hira in that line of business .'-| A. Yes, sir. Q. You are in business in this city ? — A. Yes, sir. -Answer. I belong to a milit;irv ED^VARB W. Power, sworn. Examined by Mr. Van Dyke : Question. Are you a military man ?- company and hold a commission. Q. Do you know anything about Hertz ? — A. I do ; I was atli [401] oftice in South *Third street about the li(»th or !ilst of 3hueli. ' therealwuts ; I went to 08 South Third street, aiul went up stair j into a backroom, and there I found some five or six wen sitting aroumltbtj table ; 1 spoke lirst to this gentleman here, 1 think, IMr. Leob ; 1 askeil liii whether that was the place in which they enlist men for the Crimea; lies.iitj that this geutleman, pointing to Mr. Hertz, was the person. I tM nyc. cou\tp:r case of the tnited states. 505 nd pulled nic mutter yet ; 1 r myself, bm mid not jiUiiv- n the torei^'ii ons, Ite wouM enlist to semi uld do so. uiiil to tl»e liiiti>ii Avlien I euiiii- he suhjeet, ex- p;ov*eiiniieiit. >lc al'ti'V in tlii- n when he hiul in a^ent ot tin se ways for tit -A.. He did: li- iteps of l)urai".> e two or thuf lold the coimuiv 1 had J-A. Yt>. m colonel ot tin- le sai»l he coul.l e kne^\■ Irom my I he would ur.iki- whole suhstaiitr uversatious, but i tnniedto liim, and asked liim what were the inducements ottered to those men who had serveurpose of .uoinj;- to th«^ Crimea ; he asked me if I was con- nected with anything- here; 1 t(dd liim that 1 was: that I then lu"M ;; eiimmission ; anromise that 1 would call au'ain : I did so. in eomi)any with Peter 8omers, who was formerly first lieutenant «»f lit'i *the Continental C uards ; I went there, and intioduced Mr. ISoukms under a lictitious name; 1 did that for the purpose of aseertaininjjf bow tliey sent the men away, so astoliave him aseeitain that fact. Wo liad a conversation, for the second time, with 31 r. Jlert/, and Somers :;i!i.:;lied. aud I thouj^ht the joke was being carricil too far, and 1 kind of s-iiileil. and then I saw the whole thing was settled, and wo retired. On ^lK'-7tli. the night before the arrest, a man by the name of IJenners, I -.iiiiik. came to the armory while I was drilling the company. (l Was :Mr- Hertz there ?— A. No, sir. i]. Do you know whether Perkins had anytliing to do with tliat of- E.T.'— A. Yes, sir; the second time that I went then*, that was on the S;mirday, 'Sir. I'erkins was sitting in the front room. Q. When you land at the tor of the staircas^ going p.p. you go into the back room of that ollice first, do you not/ — A. Yes, sir ; and that makes the front room the back rooui ; there was two fohling-doors be- tween the two looms, and they were partly open ; theroo.'u fronting ftV on Third street was used as the back or private oflice, *and the hack room as the front ollic-e. Tliere was a tall man there, from whose api>earaiu.*e and maimer I supposed In* was an Knglish otlicer, or one eiigatred in the English service. Perkins was sitting on a chair t he actually «■'.. lenlisting. and. .i engage inc. lim, and he tntil !tf '.ling hack, and as he saw me he drew his head back. (^ Do you know from any (Conversation you liad with Perkins, or are T'li aware, tiiat Perkins has ever engaged any individm>l togotc, llali- ; i I'M m '] f 1".%'., 596 TREATY OF WASHINGNON — PAPERS ACCOMPANYING otlner^ with him; my introduction to Perkins was tliat lie Caino witli a note to me as the second of a gentleman who had cliallenyeil a tiioiid of mine to tight a duel. Q. He told you he was going to New York to see Crailiptoii .'—A. Yes, sir; he said he had business with him ; he told me that in Browns drug-store. Q. Did he tell you what business 1 — A. No, sir ; he told nie that ! c had a great deal of business to do now ; that he was connected with the railroad, aiul hatl to see his friend Mr. Cramptou in New York. [10.5] *nuGii Casey sworn. Examined by Mr. Van Dyke : Question. Do you know Mr. Hertz ? — Answer. \"es, sir. Q. (J^ointing to Mr. Hertz.) Is that the gentleman ? — A. That is tlio gentleman. Q. Do you know Mr. Budd? — A. Yes, sir; (pointing to Budd,) tliats hirn. Q. Did you go to the office No. GS South Tliird street ?— A. Yos.sii ; I went there, and Mr. Hertz and I had a conversation. 1 siiw in tin Ledger that they Avere enlisting for the foreign legion tlier<>, and 1 went down and saw Mr. Hertz, and he told me to come back and he woiiM give me a ticket; I went thereon Friday and he gave me a tic]urpose of your sup- put?— A. I did not, sir, use that expression; I told a person tiiat I met oil the street that I was foole'7 k'sircd to engage some persons to go to Halifax in order to work there: Mien asked him if [ c(nUd become a soldier if I went there: In- made till reply that it was li'ft optional to me to . What conversation, if any, took place between you aiul Hertz * — |, A, The iirst day that I ci'.me tliere I saw this gentleman there; I then iiUMi'red what timt* the v«'ssel would go; he tohl ine that lu tlid n i I'iow; *tliat Mi: Hertz was not in, and he could not t«'ll ine. : v\e':* there again on the following day and saw Mr. Hertz, and li''..ii I' 1 '.iA\ a card, \ (T 'V ' -'lown same as on page — , ante.) Was it a card like that f -A. Vi-.s, ■■■ii\ Q.I 1- ) .!gn any i»aper? — A. Xo, sir; T did no ; that gentleman put my naihc down on some paper ; 3Ir. liosschart did so. Q, I)id you go to the vessel ? — A. Yes, sir; Mr. Hertz told me where the vi'sserwas, and I went toward it — that is all; I v ent on board, and tbt is all. 'i. Did you go to Halifax f — A. Xo, sir. 'i'- >Vhy not? — A. Because we were arrested before then. '1' Who had ccamand of you on the boat ? — A. Mr. Jiudd. i^s Johnson sworn. • ;.ani(!d by Mr. Van Dyke: ^ViTNKss. Mather. Burk is my proper name ; you will see it so on pir. Hertz's list. Question. How came j'ou to get the name of James Johnson ? — Answer. m mm IT i, Iv « i .,.,. t 098 TREATY OF WASHINGTON PAPERS ACCOMPANYING lil it > 'cM I did not wish my name to be published in the papers so thjit my fi iciids would know it; I ^ave my propel* name to the court at the tiiiic. I ilO] Q. Why did you not want your real name known? — *A. J did not want my friends to know that 1 was made a prisoner. Q. Did 3'ou not give that name under oath ? — A. No, sir, I did not; I tjlti the coinmissiouei", and the grand jury, and you, my proper niiuie, and the circumstances of it. (}. J)o you know ]\Ir. Hertz ? — A. Yes, sir. Q. NVhen did you see him ? — A. I saw him on the 27th of March. (^. Did you see iiim before that? — A. No, sir. (^. Was you on the boat? — A. Yes, sir; in the steamer Menenioii Sanford, on the river Delaware. (I. Had you seen Mr. Hertz before that ? — A. I saw him the day be fore at 08 South Third street. W^e were laken on a. Wednes(iay. Q. How cam(» you to go to his ottice ? — A. I called first on Moii'lay: I saw the advertisement in the Ledger of men wanting. I did not read it myself, but another man read it for me, and 1 went to see. ^Ir. Hiidd was there. I told him I had called from seeing the advertiseiiicnt of soldiers wanted, and I said I wanted to enlist. yi\\ IJudd told iiic that 1 could not he Milisted there, but that he could tell me how F could lict to Ilalii . '1 said tliat I supposed that wouhl au toget to llal- 1411] ifax; he 1. told me 1 must come once again. I called ii;>aiii that afterno , which was ^NFonday afternoon, and he told ww tiiat a boat had gone before, and it was a pity 1 had not been sooner. 1 called again on Tuesday, an«l ]\Ir. Hertz was there ; I told Hertz iiiy busi- ness, that 1 had come to enlist, and the re[»ly he made I cannot tell ikiu. but it was "very well," or something to that effect; he told me to stay a while, and 1 staid a while and some more men came. I told biiii iii.v name and he wrote it down on a sheet of paper; he also wrote sdiiic others. I told him when he was going to write it that another man had written it the day before, and he said, very well, I will take it again. i}. (Papei- sliown.) Is that the i>aper on which your name was writ ten ? — A. That is my name on it, though I cannot say whether it is the ]»a])er on Avhich INIr. JJudd wrote my name the first day; I called dii llertz the day after; he did not tell me what bounty I would receive ; 1 did not inquire; he gave a ticket and 1 was to go down to the boat. (,). (The "N. S. 11. C." r-cket shown.) Was it a ticket like that :'-A, I actually believe it was one of them green tickets; I think sd. [41ii] but would not swear positive*ly that it was a green ti(;ket, tb()iij;ii I actually do believe it was one; I recollect it having those letters (-N. S. K. C.")'on it. (^ What did he tell you to do with the ticket ?— A. He t(dd nic J was to go down on board at Pine street wharf. I then went away. and called back again to the ofiice. and Tasked him "was Itouonii board and say nothing to no one, or was there to be anybody there to | receive me ;" lie told nu^ to go down between 9 and 10, and go straiulit on board, and to tell the rest, if J saw them, to go on at tlie same time. I went next movning and did .s(>, and went on board the boat and w;is taken al )ut to the navy -yard, when they brought us back again. i}. W lat took place when you got on board the boat? — A. I saw Mi. ]>udd on board, and we were called together, and an excliangeot tieket took place; we were going on, and I thought in a fair way for (Jaiiadn. j and the next news that I heard vvas that we were all made prisoners. Q. Did Mr. Budd call you together ? — A. Ye.s, sir, he was there aeti;:;'j as a kind of officer or man in authority; he did not put us in inilitaiy form, but called us together. JYING lat my tVioiids I't at the time. 11 ?— *A. I cli.l isoner. •, I tlitl not ; I proper name, of ^Nlavcli. ner !Meueniou ini the day be- .iiesday. , on Monday; I I (lid not read ^ee. ^Ir. Uiuld Ivertisenu'Ut ot' hi tohl me that low I eould livt .u to ;i'et to Jlal- 1 calh'd a^aiii md he told iiic been sooner. 1 UlertzmylMisi- cannot tell now. told me to stay I told him my Iso wrote soiiu' nother man liad ake it ai;aiii. name was writ- A-hether it is tlu' hy ; 1 called mi Ivould receive; 1 to the boat. t like that !-A. lets; 1 think sh. n tieket, th()ii;;li ling those letters U. He told lilt' fieu went away. Vwas I to ji'i ray tor Canailn. j [id'e prisoners. : aa there acti"?ij COUNTER CASE OF THE UNITED STATES. 599 Cro.ssexarainatiou bj' Mr. Eemak: fU3] *Q- How much money have you received from the United States a.s witness-fees ? Mr. Van Dvke objected. You need not answer that (piestion. Mr. Kemak. 1 only wanted the jury to know. You need not mind. Peter Moiin sworn. Examined by Mr. VAN Dyke : Question. Do you know ^\v. Hertz? — An.swer. Yes, sir. I have known him since the 2Gth of March. I just saw^ him in the office, No. 08 South Third street. Q. How came you to go there? — A. There was a man told me that there was an oftice to semi men to Halifax to work. I was out of work and went there. That was on Mon«lay afternoon, and I found nobody there but Mr. Budd, and that young man *^here, Mr. Bo.s.schart. He tiild nie to conuj next day, when yiv. liertz would be home, and then I could know all about it. I went there the next day, and he said " Yes; ji'^'^'ent men to Halifax to work." Q. What kind of work? — A. Any work that you ]dease' cash account, shown.) Do you remenilur that book 'i — A. Xo, sir ; I do not. Q. (l>()ok contaiiiinj'' list of uames sliown.) Do you renionibcr tliat book? — A. Y«»s, sir; I renicrnbcr that book. I found it in tlie socretaiv which yiv. llcrtz calh'd his private secretary, in the enlisting-oflice. Ho gave me the key, and 1 opened it. Q. (Receipt shown.) Did you find that there? — A. Yes, sir. The receipt was read in evidence, as I'ollows : Pjiii,ai>ku'Iiia, March 2.'), l^.Vj. [410] *Roccivcd of Mr. Ifeitz, i^M, for passeiigorH to Hiilifax. A. WINSOI!. i}. Did you find this receipt of the Ledger fiu" advertisinj*, one and two-thinls squares, one-half month, 8!>.oO, dated ^larch Ki, l.sr»i>, at tlic oni<-e, Xo. 08 South Third street? — Yes, sir; it was in the secretaiy; 1 lecolh'ct it. Q. Did you lind the receipt of the Pennsylvanian there ? — A.Yes, sir. This receipt will be found on paj>'c — , unic. I\Ir. liiniAK. Q. Is ]\rr. IJert//s nanu' in that receipt? 3lr. Van Dyke. A. X^o, sir; it is not. Q. (X. S. R. C ticket shown.) Ditl you find any number of these tickets there? — A. Yes, sir; they were similar to these. . lluyh Casey? — A. Y'es, sir. (^. Jamws Johnson ? — A. 1 do not remember the name. (^. Charles Weaver ? — A. I do not remember the name. il. Peter ."\Fuhn ? — A. I do not remember that. il Philip Label ?— A. Xo, sir. (^>. Auj;ustus Titus ? — A. I remember that. [417] *{}. liremen Kernstein ? — A. 1 do not remember that. (^. William Finley? — A. Xo, sir. Q. Y'ou remember Titus, you say? — A. Yes, sir; I believe tlioy nil were the i)arties on the boat, but I do iu)t remember the names at tliis time, nor did I hear the names at that time; J remember Gilroy, Titus, and Casey. (J. (Paper shown.) Do you remember that paper? — A. Y'es, sir; I jjot that in hisollice; it was on the tile. The paper was read iu evi deuce, as follows : PniLADKi.pniA, 20/71 of Thirdmoiith, 1850, This i,s to certify that Mr. Juliiias Lvncks is iu sonml health, anil lit ior .niy .siivia'. UEIL, JJovtcr. Q. (Papers shown witness.) Do you remember those? — A. Yes, sir: these were in the secretary. Mr. Van Dyke. The one is the i)aper which Mr. Budd stated con tained the names of the persons he took, and the other appears to be a copy of the recruiting-book. Examined by Mr. Remak : Q. Did Mr. Hertz, on the day of his arrest, give yon the key of lii< oflice and the key of his desk of his own accord, freely ? — A. I demaiided them. Q. Did he give them without any hesitation ?— A. I. denumded them •-fi. COUNTER CASE OF THE UNITED STATES. GOl re I — A.Yes, sir, [Umber of those Thirdmonth, lA")f). ^e?— A. Yes, sir: (lemauded them throiigb yon, niul after consiiltiitioii with him, you directed Hertz to give them to me. [118J *Q. Did he give them of his own aecord, or did I ask liim ? — A. I think that it was after yon directed him to do it. 1 in thi; IJritish Provinces; Tasked him for what purpose; wlietlier they were to go in the foreign legion to serve in the Crimea; lio said he em])loyed them nominally for that purpose — 1 do not know wlu'tlier I us(^ his language, but I give the idea — of working upon a rail- niad. I remarked to liim that I thought they would tlnd their way into tiie barracks, and he said he had no doubt of that, or he sui»[)()sed so, or something of that sort. Q. Did he state to you at any time whether he was doing this at the sun^iestion or by the advice of any higher authority than himself? — A. He (lid; he tohl me he had not l)een long from Washington, and that he had had an interview with Crampton, the liritish minister, while llieie, ill relation to this subject, and that he had been called to Washing- ton in conse(pienc(! of some dis(dosures made in Philadelphia, or' [420] other places, alxmt the matter; I understood him *t() say that he or Crampton waited upon Mr. Mar(!y, or that Crampton told him that he had seen i\[r. .Mar(;y and had (uitered into an exidanation about (he course they had pursueou to write editorials in your pajicr on this JJritish (piestion ? — A. He did. He was in the habit of coiniiijf into the Peiinsylvanian oilice nightly and daily, long before 1 knew wiio he was. After he had been coming there several weeks, he ventured into the editorial de|)artmeiit and conversed with the telegraphic re- porter, Mr. Johnson : he entered into conversation nightly wifii ine upon the subject of the war in the Crimea, and contended tiiat the dem- ocratic i)arty ought to take ground in favor of the allies; that, in fact, the United States, as a general thing, should do so, because she was the daughter of (Ireat Britain ; our peo^de siioke the same laii- [422] guage, and wereeducated iiithesanie literature, and soon. *Ile fre- quently grew warm ui)on the subject, and I listened to him, and re- jieatedly while he was talking ui)on the subject 1 was writing an artiele against the allies and combating his argument as he was progressing. (^>. \Vhi<;h is ^Ir. Perkins ? — A. I know him very well ; I have seen him almost every day, but I do not see him now in the room. IMr. GuiLLor. Tiiere is no difliculty about that. Witness. He always said that he was an agent of the British gov ernnient, and that he was in correspondence with Lord ralnierstoii, iuid I think Lord Clarendon. He gave me to understand that he was a torv. and that the tory party in England was the only party that knew any- thing, flaughter;] that they were always able to carry on the govern nieiit properly; and that the whig ])arty was composed of duiiees [laughter] who always got into diniculties, and were the bitter enemies of this country. He said that he was a correspondent to several news- papers, and mentioned particularly the Times, and stated that he hail with every mail, sent a file of tlie rejinsylvanian to Europe to tiii' Times. He also si)oke of Lord Brougham, and said that he was in cor- respondence with him. [423] *Q. Did he say the correspondence was on this subject .'—A. No, sir; 1 do not think he did. Q. Did he mention the subject i — A. He was talking about this sub ject at the time he said this. He com[»1ained about the tone of the articles in the Pennsylvanian, and showed a good deal of feeling. Ho said that he had written to his employers in Europe, and had assiiied them that the democratic press in this country was all right, wliicli I believe did not happen to be the (iase, [laughter,] and that they wonM think it very strange that he should give them such information when tliey fouml the tenor of the articles against the allies so nltra and so strongly in favor of Russia. Judge Kane. Did he classify Brougham among the whigs or the tories 'i Witness. I do not remember whether he classified him or not ; he said he corresponded with him. Mr. GuiLLou. May it please your honor, he was like the man iu the play, " he received letters from Constantinople." [Laughter.] IXG COUNTER CASE OF THE UNITED STATES. G03 1 tlu' vaih'onA ul«l tind lliciv *not cmidoy •are a !i' •e 1 knew who , he ventured oU'graphie re- ihtly Willi ine ' that the dem- ; that, in fact, tjause she w.is the same lau- soon. *nefic- to hitn,andic- ■iting an articV progressing. 1; 1 liave seen ooui. Q. Did he speak of this as (toniitleutial 1' Witness. Yes, sii-, lie (lid; and remarked on several occasions, that what he told me was contained in some letters whieii Im* liad [424] Just received, * hut could not show the letters to me. [Laughter.J Judge Kane. Wasthereany relation between you and liini which would have suggested the i>ropriety of his telling you this :' — A, No, sir; lie is excessively talkative, but is a nuin of large information, obtainetl by travel, and is a nian of education. Jle si)oke of his being lieutenant ill the British army in India, and was jiromoted to a captaincy by the brevet; that he had been there, and was in Jlindoostan, and in that terrible tight in the mountains of Ati'ghanistan, where the lUitish army was literally destroyed. lie also spoke of his wounds but never showed them. [Laugliter.] lie also spoke of his having bei'U y name, but I have no lecollection of it; he left the impression upon my mind that they were oniployed for that purpose. Q. ilave you stated fully the conversation which he repeated to you as having had with Crampton upon that subject '. — A. I cannot . [42G] recollect it ; he talked a good deal ui)on that subject , and endeav- *ored to impress me with the idea that he was a very great man and knew the secrets of the British cabinet. (}. You were never at this recruiting olfiee. No. 08 South Third street? — A. I passed by it daily, ami saw something was going on ; but did not know what. I saw several i)ersons going in and out, and saw liiin repeatedly come out, which led me to suspect that he was a jtarty in the matter. Cross-examined bj- Mr. Guilloit: Q. I do not think you understand a question of the judge. He asked you whether the opinion expressed in the Pennsylvaiiian was adverse to the project of the defendant, and as I understand you, you an- [427] swered that it was adverse to the Avar in Europe? — A. It has been against thisi)roject of enlisting, and it has been very severe. It was the first that denounced it and exposed it. Q. State whether Perkins is not a man who talks a great deal ? — A. Ves, sir; he talks incessantly. He is a man of large information, ob- tained by travel, and is a man of education, but not much judgmeut. I I m U Li b I C04 TREATY OP WASIII\(iTOX I'Al'KRS ACCOMrANVINO )iin.sel for the tlo- Q. iris teiiiiKM' rises protty liiifh simietiiiKvs ? — A. Very. (^. Mr. (Jiniroy inoiitioiis iiu iustaiKu^ wlieii lie left your oHiiie, ciirsiii^j sill ill tlHM>IU(!e. — A. lie WHS fr«'i|ueiitly exeiteil alioiit the Hiil)Ject, and 1 would theu draw him resunie, inij;ht be <;ranted, if the ends of sultslantiiil justice were to be served by so doing"; but as Mr. Perkins is not to hv put upon the stand, nothing is gained to either of the articii)ation in this lawless transaction, have confessed no crime. If A hires J> to jt'o beyond the limits of the United States, with the intent mentioned in the act, li havinj;' agreed with A, within the limits of the United States, to depart with the intent to enlist, the crime or offense is not committed by !>, l>ecause he merely engaged with A to go, but the otfense is committed alone by A, who hired him, for so far as the going beyond the limits of the United States, with the intent to enlist, is mentioned in the act, the offense consists in hiring or engaging the person to go, and not in being hired or engaged to go. And the court is asked so to charge the Jury. Then, as to tlie intent, what is meant thereby, and who must have such intent. On this point the court is asked to charge the Jury that the intent mentioned in the act is the motive in the mind of the person hired, ;imills of indictment, to go beyond the limits of the United States, and furnished him with the facilities todepiftt, had the intention to enlist in the British military service, then that point of the act vvhi(;h speaks of the intent is snliiciently established. Believing that the learned court will give the Jury in charge the law as he has stated it, Mr. V. called the attention of the Jury to the i)rinci- pal features of the evidence in the case, lie contended that he had es- tablished every point made in his opening remarks. First. He had shown by incontrovertible testimony that the necessi- ties of the British government, resulting from the disastrous condition cm TIJKATY OF WASHINGTON rAPKUS AC'COMPANVING It *? ! 1 ii'lst'kf If ' tS " • " ! - 1 ■ * ."If?'.** - of tlicir iiniiy in tlio Crimoa, niid tlio iinpopuliirify of tin' cansi- ol'tlic Allies at liMiiic, coiiipclUMl tluMii to lia/.anl tlir ciilistiiit'iit ot soliljcis within till' limits of ron>i;L;°ti neutral nations. Seeoiul. That in the aeconiplislnnent of this design, the Kw^. [I'M)] lish authorities at home, anresentativ<'.s on this cun tinent, hathall, CdIoihI Hinidieiji. Dr. Itenss, Mr. IWuiknell, Mr. I»ue(rially sent to America for this j)urpose, and by Sir (la.siiard Le Marehant, the jiovernor of a neijjhborinji' Jlritish ]H'ovin(!e. Fourth. That in pursuance of such employment, this plan was rcj^ii larly carried out by the defendant. That he did, in tin- city ni [4.'>4] Philadelphia, *enjj;af;'e at least two hundred men to^o beyond tlif limits ()f the United States, with the intent to become a part ami parcel of the liritish foreif»n lejiion. That in orueen of (ireat Britain. Mr. V. argued timt the affirmative of each of these projw.sition.s wiis fully sustained by the testimony i)rodueed by the Government, and called the attention of the jury to that portion of the evidence wliirii severally related to them. He said the chaia(;ter of the witnesses was unimpeached and that their testimony had been abundantly cor [4.35] roborated by the written evidence *whieh he had been enabled to produce. That there could be no difficulty in tiudinjj: a verdict ot guilty as to the defendant Hertz. That if the jury believed both dc fendants guilty they should so find. If, on the contrary, they did not tbink a ease had been made out against Perkins, they should acquit him ami fiiul a verdict of guilty against Hertz. They could sei)arute tlieii verdict. As to Mr. Perkins, Mr. V. said that he did not intend to i>ress for u conviction where the evidence does not in the clearest manner justify him in so doing. That however much he might himself be convincetl of a defendant's gnilt, it was his duty to prove him so, and that beyond reasonable doubt. From the intimation of the learned court when tbis case was before it on writ of habeax corpus, he presumed his honor woidd require the Government, under the present form of indictment for a CorXTKR CASK OF THK T'NMTKI) SI'AIKS. (107 sfatntory otVcnso, to pr«»vo iiii iU'tiisil hiring: or rctiiiiiiiiu' ol' soino one of tli(> iiHlividiiiils iii(>iilioiU'lelication of the criminal code of the country, althoujih such tVirei^n ministi'r may be jnoved ^^iiilty ol acts which, if committed by fi private individual, woidd make him a felon. Were it not so, I thitdv I am justified in sayinj;' 1 would this day, by the direction of the I'lesident, I)«^ trying Mr. ()ra?npton, Sir .loseph Jlowe, and Sir (Jaspard Ije .Marchant, instead of their humble in- '437] strunuMit, whose conviction is now ask*ed tt your hands. The jury, however, will leave thesis iicntlenicii to the only jxnver Ic^inlly authorized to take (iare of our public! safety, by «lemamlinyrepar- iitioii from their government, ami you, gentlenuMi, may rest assured that ill (hie tinn^ they will be called ui>on by our able and faithful ollicers at Wiisliington to make projjcr atonement for the gross insult which they liiive ottered to our laws and our people. If, on the contrary, after 1 have in this trial, instituted by the direc- tion and with the conbal a]ii)robation of the Xatiouul Administration, ]iiov('(l the defeiulant so clearly guilty, as the instrument an«l agent of Mr. Crampton an- to be released. 1 shall (letaiii voii but a lew niini;*:es by tLe remarks it is my duty to make to you in this case. The iaets of the case have been elab():-afely analyzed and (liscussiMi by my (!onej!.<;ue, and 1 deem it unn«'('ess;ii \ (o |>ursM«'the palh in wliicls he has jircceded nn^, in reviewinj^' and iliin'estinj>' the testimony you liii\c listened to so patiently in lliis <'ase. Tlu^ duty which has falli'ii [430] to my slnuv, may it please *your iM)nor, is ciiietly tliat <»l' invitiiii; your attention to the view entertained by the defense of tin' tnic construction of the act of Con-entiemen of the .jui-y, in the juo j»ress of this case, that the names of tiiose hij;h in authority and otliciai rank have ai)peared, ami often ajjpeared, to be mingled in the tnuisac tions from which these indictments lia\«' sprung'. Mr. ]>arclay, tin' consul at New York, Mr. 3Iatthew, the consul at riiilatlelpiiiii, 3li. (Jran))»ton, the iJritisli niinistci- at Washington, have ;dl of tlieni ap l)eare defense. 1 cannot suj)pose, gentlemen of the jury — I will not sui)i)o.'ie — yon viji not, 1 trust, suppose for an instant, that these high functionaries ol ;) foreign, but friendly state, dwelling within our borders, have consciously either evaded or violated the |)rovisi(Uis of any of the laws of the ia:iii. You will not believe that these gentlcnu'U of standing, character, ainl intelligence, have deliberately planned an infraction of the laws of tlif countiy, and then left this humble instrunu'ut of their designs unfriend ed to bear the severe ])enalty of a law broken under their atlvice, and in the execution of their ret their own integrity, and with the law in full view before them, ami witli experience and capacity to constru*^ the law aright, they .so ordered tlii'ii' own cour.se, and .so directed their subordinate agenides, that im [441] violation of the *law slioulu anywhere take i)lace. Tiiis, gvntit' men, I tru.st, you are now about to lind. In a word, I shall suit- niit to you that no otten.se is i)roven within the construction of the act which I shall ask the learned judge to give you. ]\[ay it plea.se your honor, tlie olfense with which this man is cliaru«Hl is unknown to the connnon law. The right i!:nfthing more than mere persuasion. It does not mean that the ■iiei-e exerci.se of an intluem-e which oi)erates upon the reason of a [■iTMiii ami induces him to go, creates the otfense. It must b<' i\ •iiiiiiig or retai'lng," or, in other word.s, it must be the creatit>n of a ifu'-.il obligatiun, or ot that which, irrespective of the provisions of this iff of Congre.s.s, would amount to a contract or legal obligatitMi. and iv capable of enforcement as other legai contracts are. I sul)mit. then, oyour honor, this as the true construction of this act. and 1 ask yoti >"tii! npon your oaths, on tiiis testimony, say to me then' lias been suuvict!on e.'.tablished in ycnir minds *. Turn with me for a monn nt to tilt' testimony. 1 shall in)t weary you with its details. l>ut tell me, 'fitness after witness was examined before you, and did they iH)t almost •>ijh a unanimous voice tell yon that they were not enlisted in the .service ■'t' any fon*igii pritwe or state, nor placed under any obligation to ei^- •sf. I)»t simjdy were to be transporteht then choose. 1 can feel no doubt, s'ei'tlt'men of the Jury, tliat you will iind this to be the weight of the testinu)ny. It you do, I ask you to a((|uit. If you do, you will Hnd tlnTe did not exist, between Hertz and these i>ar- ties, a contract siu;h as. irrespective of this act of Congress, would he valid, leyal, and cai):-'.ble of bein^- enforced, and so rinding', as tlieiv was no '"hiring- or retaining" within the meaning of the act, you will acquit. Gentlemen of the Jury. 1 represent a very humbh' nmn, a poor, deso- late stranger. If the law has been violated, which, in view of tlie euii .struction I hav(\just given you, it plainly has not, there aivi others ui)oii whom, with much more Justice, its penalties should be visited. Let ii,> sliield this man, wliose highest offense, if otfense he has committed, is ignorance of the law, and let those wiser )nen, of higher rank, bear tlir j)enalty. This (piestion should be settled elsewhere, not here. If om laws have been outraged, the government of (heat Ibitaiu liiis 1445] done it. Let that matter be * settled at Washington, and not in an account between the C>overnnu;nt and this obscure and liuiii- i)ie man. I>ut, gentlemen, I will not detain you any longer. You will Udt, I am sure, Iind, in the facts of the (;ase, that the law has been Itrokei'. anywhere or by any num. Y(m will not Iind that mere persua sion is the creation of a legal contract, or that a nuui who is left tree to (lie unpledged exendse of his own mere discretion has been '*• hired ei retained"' within the meaning of this act. And so thinking and so hnding, you will rejoice to restore this unfortunate man to his friends and his home, and to the wife and the children which wait I'or and Ion;- to welcome him there. ^Ir. (5i iLLOi: said: INlay it please the court, gentlonen of the Jury, il you will bear with nu' at this late hour of the day for live minutes, 1 will close my duties within that time. It is the boast of us all that we live in a land of laws; it is our safety that the I" wisadniinistered by two tribunals, the one «'xplainiug the law, and the iher applying it to the I'aets in evidence. Th<: imlictments upon which you are to pass, sonn^ li! or 1 '• :n all, charge the defendant, Perkins, together with Hertz, with having enlisted specified individuals, A, IJ, C Thecrinu' with which he stninls iiulicted is the enlistment of persons to serve in a foreign couiitrv. [41G| 1 have turned my attention carefully to the tes*tinu»ny in tlii> case, because, when counsel makes an assertion to a Jury on a poiut of fact, it is his duty to ascertain that he is right in his state uient, atul 1 .>*ay, after exanuning this testimony, that then; is not any portion of it which shows any connection of Perkins witli Gilroy, Uiidil. ('asey, or any other person whose name is in any one of these l)ills as a party sent away or enlisted. If I am right in this statement of tlu' testimony, there is an eiul of this indictment, for the law requires tliat the party charged be shown, by the evidence, to have acted in relation to the particular crime which is averred in the particular bill, and in relation to the particular party, the subject of the crime. You will therefore, when you take up a bill, remember this, aud ask yourselves whether Perkins had anything to do with the liiriug or enlisting of the nuin whose name is mentioned in it. If there is no evidence to show that he had, you will return a verdict of not guilty as to Perkins; ami, as you take up each bill, so examine and declare upon it. As to the other defendant, I have not a word to say; my friends on the other YING COUNTER CASE OF THE UNITED STATES. 611 [)ly pevsiuidcd L'e ext'vcisi' ol er to iM\lisl 01 ,1 liiid tills to to ac(|uit. It 11(1 these i>ai- •ess, \voul(l hi' dill};', as tlioiv ) act, .vou will , a poor, (le.so- icw of the con- ii.; others \\\)m isited. Let n> i committed, is ; rank, bear tlic ,t here. If euv eat lUitain ha^ ;ton, and not in s(;ure and hum- uo-ei'. Vou will e htw has been :\t mere persiia ho is h;ft tree to Iteeii " hired ei thinkiui;- and su 11 to his friend.- ^ait for and hm Buof the jury, il e minutes, I will idl that we Uve in bytwotrihnnalx to the facts iu rt, solium 1- or i:'' rtz, Nvitli having which he stands foreiu,ncountv,v. L*tinu»ny in tlii> to a jury on ;i lilt in i>i^ ^^"'^' fherc is not any thUlilroy, Ihidil. \ti these hills as Statement of tin' V\v requires tlmt icted in relation ular bill,a»»^Vl!' ' •ime. You \vill, ask yourselves I enlisting ot tUe Lvideuce to »lu>'^ ■orerkin8;a";'' ■ it. Astotiie is on the otber side liave fully j;one into the ea.se, aiul j;iveii you the law and tlie fact.s bearing upon it. Tliere is this principle which rests at the basis of law. that the crime must be provx'd to have been perpetrated. Therefore. U'J so far as the defem'.ant. Pei*kins, is concerned, consider him not connected in this case with the other se, were to proci'cil to pass sentence on this defendani. however indiscreet in s|)"ech he may liave been, as yon can but entertain a j^reat doubt of his jiuilt. The law says tliat if yon have a reasonable doubt of the <;nilt of the i»erson iliarged, such a doubt as woulu arise in any reasonable miiul, such iloubt is the safej^'uard of the deiendant, and entitles him to an actpiit- tal. J hope you will have no diilieulty in this ea.se, but that at least you entertain a donl)t which favors the def. (^iiincy was iinlicted umler the third section oi this act. till' fitting out anil arming a vessel, with the intent that sndi \essel shall '"('employed in the service of a foreign prince. The -»• wtiit up 'o the Supreme Court of the United States, and is to be f'Munl in .sixth IVter's Itei). It will be (d)served, upon examination of that , ''that although penal laws are to be construed strictly, they arc not to be so construed as t»» 'li'I'cat the obvious intentitui of the legislature." This argument was answered in an able manner by Mr. Wirt, but Justice Thompson, deliv- 'liiig: the opinion of the court, said, "it was sullicient to establish, by 1 'Ills testimony, the committal of the crime, according to the plain nienn- i;; of the words used in detining the ceived, it is true, after they arrived at llali fax ; part ot that i)ay was the ])rivilege of being receivetl into the Qneeii'^ servi(!e. They were, also, to receive a free ticket and i)assage to tiuii destination. This contract was considered so biiuling that one of tin witnesses tells us that force would be used at the barracks to compel tin enlistment wlien there, ami even the poor privilege of repentance wa- not allowed to the indiscret and hasty. They were, also, to receive ;i monthly pay. Now, if this is not an absolute hiring .;f a ])arty to .'iilist. then nothing is, and the act of Congress is a dead letter, and shonld In re])ealed. Mr. (/rvr.EiJ. What was it a contract to do ! Mr. Van Dyke. A contract, sir, to go beyond the limits of the riiitcd Stat<'s with the intent to etdist in the liritish service. And if any iloidti existed on tlu^ question of intent, sul] evidence, and contined the *pros('cution to expressions of inteiif made in the district where the crime was charged to have bcin committed, and the recruits on boanl the vessel ui)on which they wtn arrested having expressed a difl'erent intent from that i'xjm'ssed nt tlif time of hiring in New York, the cause failed, anu)ng other reasons, tor the want of the proof of the intent required by the act. Exempli (frtiiht: To u'lakc i\w case more intelligible suppose the paity which left Pliiiii delphia on the l*5th of March, in the charge of ('a]»tain Strobel, lind. ^ after their arrival within the limits of the southern district of N(^\v York.] expressed their intent to be to go to Halifax to work on the railroad. and Mr. Strobel, who had, in fact, assisted to engage the men in I'liila delphia, had been arrested, and, under the second secti. indicted in the southern district, where he happened to be found in COUNTEU CASE OF THE UNITED STATES. 613 by means of ;;ient. estion of fact ion raised l>y intViU't were -es of tlie \)\w nderstaiuiin^ riiat contract h it lia«l been ', anil };enei'al ■ conunon-law. be reeoveivtl afjes are daily The terms ot ^Villiani liiuld. the piirpose ot ns were to lie lerforniance i»t charge with the recruits, and the able jirosecuting «)llicer for that di.s- trict shouUl otter to prove the expressions used by the recruits in IMiila- ilelphia as to tlieir intent when arriving in Halifax, the court would hold him to the proof of expressions of intent made in tiie southern district of New York, where the ottense of hiring and engaging is charged to have been committed, and [particularly so when tlu* fact is brought to the knowledge of the court that the evidence as to the intent ex- prossed in the two places ditter most materially and substantially. Xow, this was the case of tlie irnited States vs. Kazinski, and for tliis want ol siiflicient proof of the intent in the district where the trial took place the defendants were acquitted. !4i'52] *I>ut this case is im[)ortant for other reasons. It settles two of the fundanuMiial questions which must arise in every prosecu- tion under the second section of this act of Congress. First. The meaning of the term hiring or retaining, which is to be cHistrued in their everyday acceptation, and is virtually nothing niore than "engaging," the word used by the learned .judge. Secondly. That the hiring must be within the district where the crime isc'hiirged to have been committed, and 1 have shown that such hiring, so far as it (!ould be consummated anywhere, was actually done here. A single word in rejdy to the remark of Mr. Cuyler, as to the i)ro- ])iiety of prosecuting this defendant, while persons of nioje importance are permitted to pass unpunished. 1 agree with my learned friend that it is ratlier unfair in one sense that Mr. Hertz, the nu're humble instru- ment of a great nation, should sutter tor the acts of his superi(U-s. JJut Mr. Hertz was a free agent, and acted voluntarily iji the whole affair, lie sought for and obtained the position under Mr. Crauiptou ant the tone with which the press of foreign countries, and occasionally of foreign statesmen of theday.havec nunented upon what they have t'"'4J been pleased to call o\ er-alacrity of t ae * American people to engage iu military controversies in which they properly had uo rightful r;i4 TRKATV OF \VASIIIN(;T0\ PAPERS ACt^ONf PAN VINO I? ^i \ 'Ul 1 I 1 i p I.'* 1^ i Pl^ p^^ fejf } PfV Hn 'i^ t T L^ * t u [t'' 4 ? i ' f>> •( Hi ?l^ f, 4 ♦ h ' ^ 1 J part. Our p(»opl<» iuid onr Govoriiinont have beon accnsiMl of forj;ottiiilij>iiti(nis of lUMitrality, and pushiiifj oursclvos forward into the coiitli(!t of fonMyu nations, instead of nundiny" our own business as iicii- trjils and leaving* b«'liiy:erents to tiftiit out tiieir own (piairels. For on,. 1 (.'onfess that I felt surprised, as this case advanced, to h'arn tliat, chniiii;' the very time that tiiese ae(;nsations wer<' fidniinated aj^ainst tiie Aiiicri- can |>eoph* by tin^ press of I'^njiland, there was, on the ])art of einiiiciit British functionaries here, a series of arranft'enn^nts in ])ro,uress carefully dij;esterovisions of our acts of Congress, but whether these two defendaiits have or liavi [4.")] not vi*olated the provisions of the act of Conj^ress, which arc cited in these bills of indictment; your vei'dict will respond tn tlie simple (|uestion, are these two men guilty of the crime with wliicli they are charged I In order that my remarks may not hereafter be embarrassed by tin necessity of using tlu^ pbual wiien the singular is more appropriate, i will say to you, at the. outset, that there is no evidence agjiinst one ot these defendants. Jlelbie a Jury can properly convict an individual itt a crime, they must be satisfied, by clear evidence, that the crime lias Ix'en committed by some one. We have no statute which affects te punish braggart garrulity ; and, unless tlu' particular offense of enlist ing; certaifi definite persons has been committed by Perkins, one of tlic defendants, though he may have proclaime(>] iuiy |»ers()ii to ^o hcyond tlic limits of "tlu; I'liited States, with th(! intent to 1" fiilisted in llie servico of a iorcign prince, he shall be deemed yuilty of a iii^'!' iiiisilenieanor. The fpieation which you have to pass upon is — did Henry Hertz liiif or retain any of the jtersons named in these bills of indictment to fjv beyond the limits of the United States, with the intent to be enlisted or entered in the service of a foreign state I Did he hire or retain a ptT son *. Wluitever he did was within the territory of the United States, The hiring or retaining does not necessarily include the payment oi COUN. Mi CASE OF THE IMTED STATES. (11. money on the part of liim who luros or rotains anotlx'r. He may hire 01 ivtaiii a i)ers()ii with an ao beyond the limits of tlie LIniteloy another ]><>rson to go ontsidcot the Tlnited States ro do that which he conid not do if he remained in the United States, viz. to take part in a foreign quarrel; if he Iiires another to go, know- iiij; that it is his intent to eidist when he arrives out ; if he engages him iojio because he has such an intent, then the olTense is complete within 'he sct!tion. Every resident of the United States has the right to go to Halifax, and there to enlist in any army that he pleases, bnt it is not lawful for a person to engage another hereto goto Halifax for that pur- jiose. It is the hiring of tlie [)erson to go beyond the United Stares, rliat person Iniving the intention to eidist when he arrives out, and that intention known to the party hiring liim, and that intention being a iMirtion of the consideration because (d' which he liires him, that «le- liiies the offense. 1 believe, that after making this comnn-nt upon the law, I nnght ])ass oil to the fact ; but it occurs to me to add, visit you arl' not to re(piire lunof of the connection of the defemlant with each i)articnlar fact anarty en- "iRod or retained to enlist is to be gathered from his conduct and dechi- wtiou here, from his conduct after he reaches the foreign country, an it '^•' if * w 1 ^ I I 1 I'' > l> .n . 616 TRKATV OF WASHINGTON PAPERS A('(OMPA\VIN(} from the a(rtioii of those persons with wlioin be perfects the eiilistineiit tliut he may hiivt? contnuited for here. You are, therefore, while lookiii}; lu'imarily at the conduct of Hertz, to look also at the actions of otlicrs tending to the same objects; and if yon judge that they were actually in concert with him, tiien all their acts done in pursuance of the coiii inon purpose and plan are to be regarded as his. With these remarks, I leave the case in your hands. At the conclusion of the judge's charge, the jury retired and returiUMl in about fifteen minutes. On taking their seats, the clerk of the court. in the usual form, ])ut t'e question, " (ientlemen of the Jury, liavf you concluded upon your verdict ?" To which the foreman [459] re*plied, "We have." Clerk: How say you, guilty, or not guilty ; Foreman : Guilty as to Henry Hertz, in nuinner and form as Ik- Stands indicted on all the bills of indictment; as respects EmanueU'. Terkins, not guilty. The jury were then discharged. Sentence deferred for the present. And now, Se))tember 29, 1855, Theodore Cuyler, esq., aiul Stcplun iteniak, es(j., for Mr. Hertz, move for a ride for a new trial, and by leave of court file the following reasons : United States ^ j^^ ^^^^ district court of the United States, sur iudioi 11 enuy' Hertz. S '"^^"* ^""^ unlawful enlisting, &c. 1. That the learned judge erred in admitting in evidence proof of tin acts and declarations of other persons done and said in the abseuccMH d«?fendant. 2. The learned judge erred in his construction of the language ami meaning of the act of Congress, 1818, under whichthe.se indictments an- framed. That he held, and so instructed the jury, that the words ''liiir or retain,'' employed in said act, would be satisfied by less than an ab .solute contract, founded upon sutticient consideration, and capable at legal enforcement, if the same were not made unlawful bj' the provision^ of said act. o. The weight of the evidence was clearly and decidedly that no per .son was " hired or retained to enlist or to leave the United States'' witli intent to enlist, but the several per.sons sent to Haliiax were engaged to go, and sent there with the distinct understanding that they wore there to determine whether they would or would not eidist, and were. until then, entirely free and at liberty, bound by no contract or enuaiiv uient, and therefore having no intent, ()] * And now, October 12, 1855, the motion for a rule for new triiil. coming on before Hon. John K. Kane, is argued by TlieodoM ( uyler, esq., and Stephen S. Remak, es(i., for the motion, and the same being denied, and new trial refused, Mr. Van Dyke said : The motion of the defendant for a new trial being refused, I ask leave to present to this court the confession wliieli has been nnule to me by the defendant, Henry Hertz. This prosecution has not been merely local in its tendencies, nor the \\Sii CO INTER CA.SE OF THE UNITED STATES. 617 \e enlistment while lookiu}; ons of others were iictually J of the com aiul letuiiu'd of the eourt. le .iniy, hiivc the foi'tMnaii or not guilty! id form iis Ik- ;s Kiniinui'l (,'. the present. , lUUl Stl'plllMl il, and by leave ates, sur iniliot uce proof of tlu I the abseuie oi le lanRunine m\ indictments luv he words "liiir ess than an ab and capable of y the provision^ pdly that no iiti ied States'" with [x were eny'aji'i'd that thev \vove Inlist, and weir. Itract or en.iia!iv- waning of the art tE CUYLEl!- S. REMAlv. lule for now tiiiil led by Tlieoposed it a sudieieiit Justiti- lution of what it has done, to reply that it giivo instructions to its agents so to pro- II. lias not to infringe onr municipal laws; and it quotes the remarks of .Judge Kane in siipj)ort of the idea that it has succeeded in this purpost^ It nniy be so. .Judge Kane is an upright and intelligent judge, and will pronounce the law as it is, without liar 01- favor. But if the British government has, by ingenious eontriviinct.'s, succeeded 111 sheltering its agents from conviction a^: malefactors, it has, in so doing, doubled tho iiiiiKnitudo of the national wrong inflicted on the United States. This Government has done its duty of internal administration in prosecuting tho iiiilividiiiils engaged in the.se acts. If they are aecinitted, by reason of a deliberate undertaking of the British government, not only to violate, as a mition, our sov- [403] ereign rights as a nation, but also to evade our municijial laws — and *that un- dertaking .shall be consummated by its agents in tin) United States — when all tills shall have beei: judicially ascertained, the President will then have before him tho I'lfiiients of decision, as to what international action it becomes the United States to !t ill so imi)ortant a matter. I am, very respectfully, C. GUSHING. •'as. G. Vax Dyke, Esq., United Stalcn Attorney, Philadelphia. boufession wliifli ATTonNEY-GENKRAi/s Okfice, Scptemhcf 17, 1855. I^iu : I desire to make a further suggestion in regard to the trial of ]»arties charged . ^™ ^'"i recruiting soldiers in the United States for the service of the British goveru- ideucies, nor tl^^ ^H 'mut. it is known that iustructious on this subject were given by that govorument f;i8 THKATY OF \V.\SHI\(iTON I'Ar'F.KS A(U'OMI'A\VIN(! cm; f , t(» i(H (idifcrM in tlui Uiiift'd Stiit»'.s. We an^ told by lionl ('IhicikIoii tliiit tliono (idii iis hail '".striii,ii»'iit iiiHtiucf ions" s<» to )»roci'c»l as not to violatlace where enlistments conM best be nnide. One frentleuuin by the name of Miller pointed at me as the man l">f fit for enlisting men for the British service, because, as he said, I am so well known amonjj the fJermau aud foreign iiopulation. One of the gentlemen sitting tlu'iv [466] arose aud said to me, "I am an English otlicer : *l am not particularly engaged in this matter now, but I can tell yon how to embark in it without ruiniing any risk. aud I would bo glad if y(Ui would engage iu it; but in ordiT to accomplish tins, it is necessary for you to go to Washington, aud see Mr. Crampton, the English eni'iassii- d«)r." From what I learned afterwards, the name of the gentleman was Mr. Uriu'i' McDonald. Two or three weeks afterwards I went to Washington, aud wa- introiliutd by many gentlemen by letters to ^Ir. Crampton. I bad obtained these letters witlionf tclliug thouu geutleiueu the object of iiiy visit ; but before delivering any of tlie^i' [40^ .ill law— lli;\i -Ht'lvi'S Vii)l:ll>' ites is, liy till' w ; while, wy- t-\\\\'4. it. li;iv'' to thi- I'liitiil (1 British ion- it, hIu'.U not 1)1' iisioii; tliiit no liiivi' iiiivtirmn \n; fully cniss- atvoiml conruy, hi'V ful'oructl iiv :. CUSHINti. tion l>iis Inn'ii as it NVii^^ to neuts of tliai /ibuted in iuiy a thivt aid l>a.>; liis past I'oi! H\Ul liiivo tlU' cli your Uonov lul, ami that it o Ik> duly con ciiftev be pvo- rOUNTKK CASK OF THK rNITKD STATES. Oil) lorn District renusylviiniii. lovonHNChnrlcsV- lleitz, who hc\H Ion Times u n-tice Tr the cnli.-^tuuMit c Ites Hotel. wlu'V.' loeuVistim-nts colli. le as thf mil" '"-' lumsowollluimvn JcmensittinstlH'i It running any n;^; I Englisli cnihrii^-'- Inan was Mi- f ' Vu\wa,Jntvoam Jese letters w.tl") lerii.g a»y »* ^^' letters of iiitrodiictiou, I addnssci' a iioic to Mr. ('raiii])toti. riM|iit'.HtinK an iiitfrvifw with him; tliat noli' sto|()iiiiect early authority* from Lord Clarendon. 1 havi^ already received a letter from Lord Clarendmi, [107] in(|uirin^- *how many nu-n mij^lit he enlisted in this (oiintry for lirilish service, and what the Cnited .states (Jovernnient wmtld think of such jui attempt. I can ii'll you this, that if yon einliark in this matter you can make a ;;reat deal of money : it iiriH'urinj^ of men for the l''.n};lish .seivice should he undertaken, it will he very ad- v:iMtay;('ous to yon; hut I expect a letter from Lord Clarendon liy th reii- 'liiii siiid. " I hiixc nothin;;- more to tell ymi to-ihiy, hut whim I receive Lord Cla . lull's letter 1 will wiile to you."' 1 returned to l'liiladel]diiii, iind should liiive thoiinht anthill;; more of the suhjiu^t. hut iilioiit theolh of Felirnary, lr*'>'t, I received ii lettei' iioiii .^lr. Criimpton, throu<;h the iiost-olliee, which letter is hereto annexed, nnirked I!, ('. F. II.) (The let ter refcri'cd III is jiiihlished iiiite, second let ter on jiiijue ii'2i>. ) I sent. Iiiiii a tele;j,riii)hi<' disp:itch, that I 'Viis too much eii;fii;;ed to cOme to Washiiniton now, hut thiit I would call iiiiou him iit Washin^^ton iis soon as my time would permit ir. ;lil{!] I wont somedays iil'ter\Mirds,siiy threi'or four *days, to VVashin^iton iind sawMr. Criimpton iit his piiviite residence ; he was indisposed. 1 told him 1 had received liisl'itei'iind desired to know wluitl hiid to do. Mr. Crampton reiilied, " 1 have received 1 litter from I/on; Clarendon, which contains the stiitement that the Itritish i.;(ivern- ii'.ciit liiis uiiide arriiimcments to estiihlish dejiots at some phice in Ciinaihi, on the froii- iiir of the L'nited Stiites, in order to receive the mi'ii who may he procured in the ! iiitcil Stiites. In inii'snance of this inforniiit ion I luive sent my sjiecial messeii;;er To ilioi^overiior-^ioncral of Cauiida iind to t he, commanding ;;'eneral ol' the troops in Ciimida, wiidse mime I hclieve is L'oy.) reiiui'stine- them to desi,i>niite the ))laces wheic depots iiiuy h(' estahlished for the recei)tion of persons who may tie procured in the United ■"lutes.'' I informed Mr. Criimpton that I had incurred expenses already hy eomiiiy; ".vice to Washiiijuton, and that 1 would havis to wiiste more time until the messen;;-er idiuiicd, iind that I would h.'ivi^ to ne^jleet my liusiuess; I therefore re(|ncste'l him to 1 iiiiiil to nie the expenses alrcitily incurred hy lue. Mr. Criimpton ri^plied, •' 1 hiive iit tiii'si'iit no money iit my disposiil, and' have no iinthority to eive you iiny, hut I iiiii vrtain you will he naiil not only for your services, hut tiiat your expenses will he re- iiiiil to you." I aski'd Mr. ('r:imptou what wiis to he done .' llow is this niiitter to he coiiductiMl ' He Siiid, " As tar iis 1 know thc^re i.s ii law in the Cnited ."stiites for- litll] iii(|iii ft- ',- 1.^ '1 i ^1 ^ iiiitn to in\ liiiiiso. ill I'liiliKlclpliia, who would inakr hiicIi airaii^riiii-iitH wiili inf n, would I'liald)' iiif to piiiciin- iiicii, and rtciid tliiMii to tiuir di-stiiiation. i tlit-ii rctiniiKl to l'liilad«-l|iliia, and waited ti-ii da.VN, without hiariii;; aiiythiiiL; of ilii; iiiattii. | lallcd tiit-ii on Mr. MattlunvH, tlii' liritiNli consul in tiiis fity. Mr. Maith<-wH niilviil iiM- very {(iditfly, and inl'ornicil inc that ho was just nadiii;; a lotti r trom Mi [171] C'rainpton, in which my iinnic is mentioned, lie t'liithi r said, " We (speajiin;; 'ni his ^iovcrnineiil ) arc very anxious to iirociire incn ; Imt, alas, we 'lave not lecijvnl any iiiHtriictioiis trr)iii Canada as to where the depots art; to he erected ; howe\er, wi expect every ilay and every hoiii' the let urn of tiie incHsen^jer." Alionl tiiree, foiir.dr hveday> alter that I visited Mr. Mattliews a^aiii. lie tiieii said to me, ■■ I woidd advJM' yon to pidown to \Va>iiin^ton a<;ain, for." said he, "although I man, he said, lie expected would he sent trom the piverniiieiil in Canada to my lionsi. with inslriictioiis and means for thi^ lecriiitiiiK of men in tli\j< country. In this 1.1,1 versation Mr. Crampton also stated to 1110 that if I shoiilil '^li into .any difhi'iilt\ ] should employ emineiil coiinsid. I it; also said that, so tar as In; could ascertain. tlie(iiiv eriimeiit of tlit; rniteil States would not interfere in the .Iter. I must dislinctlt [47*J] *aver that, in particular this last Htatement ami repn-s ' it.ilion lui tin; |iart of .Mi Crampton ^ave mt^such full assurance that 1 ilitl not for one iiKiineiit think it jinssi hit; that I ctuild he char<;i-d with a misdemeanor or crime. I thought tli.it the matter luul heeii jtrivately arran^'il hetweeii the rnited States and tlio ICii^lish ;rov«;rniiient : .Mr. Craiii|itoii eiitleavored to and tlitl loave that im|U'essioii 011 my mind. 1 was led mi i,, helievt; tVoni what Mr. Crampton said to mo. I retiirneil to l'hilailel|>hia. ami in alioiit a wfck afterward, mi iitiirniiiff home from my otiice one tl.iy. my wile hainled im n slip of paper on which was writtt;n ".Joseph Howe, .Jones's Motel, ] see him in a fesv day.s. I a,skeil him what authority lit; liatl for engaging me to enlist iiieii for the fiiitii.'ii [47:i] legion ? "He answered, " I am aiithorizetl hy the governor. .Sir ai'tl I.e .Mm chant, of Novii .Scotia, who. in accordance with iiistriiclioiis from the Hiij,'li>li government, is the only man who had control of the enlisting service for the fiirti;'!i legion, ami the especial control over the ilepot in Halifax, estuldishctl for the men pi"- ciireil in the IJnitctI States. I told him this is all very well, hut I have not the iilt;i>- lire of knowing the governor, lit; answeretl me, " ^lr. (/rami»ton has given me vmi! direetiiui. ami recommended ytui as a man in whom I can place full coniideiice." 1 an- swered him " that I would helieve anything, hut I Hhoiild likt; to see sonio docninriii- from Mr. Crampton." He saitl, " 1 am sorry tli.1t I cannot show you su(;h at imsiiit. as the tuily tloeuiiifMit 1 have receivcil from Mr. Crampton was an introduction to .Mr. Matthews, and that letter [ have already delivcretl." I .said I woiihl he .satislied if Mi. Matthews woiiltl corrtdtoratt; his statement, and then I woultl he w illiiig to act on lii> propt*sition. He asked me to .see him again the next moniiiig at '.» t/clock. 1 1 alliil at 1> o'clock the next day ami met there Caj)taiii Kumherg. Lieutenant Van K.ssdi. [474] ami another *gentleman hy the name of I^ink, a frieiiil of Mr. \aii Ivsscii. Mr. Howe introduced me to tlio.se gentlemen, who I knew hefore, hut had never iniy conversation with Iheiii ahoiit the recruiting hnsiness. He, Mr. Howe, said, '•(ieiitli- men, I suppose you know Mr. Hertz ; he is the only conliileiitial agent for the State iii IVnnsylvania to get men tor the foreign legion.'' I saitl to him, ' 1 have not got ;aid, "thatisall right; thatgontlcman," meaning Mr. .Matthews, "kndw- you already." This interview was on the lIUli March. He said,"! am glad to hear that Mi Matthews has made all iiuiiiiry ahont your character, and feils fully satislied." Mi. Howe then said to Mr. liiiniherg, "that lie woultl get a colonelship, and Van l-^stiia captaincy, and told me hy all means to send oft" those men (Mr. I.'iimherg and Viiii Es.sen) with the first lumsjiort, in that capacity." I answered, "that if I was satisiiiil I would do so." He howed to tfiesc gentlemen, and heggt;tl to h<; excusetl, as he wislml particularly to speak with me alone. They went away. Mr. Howe then saiil [475] "I have heard from Mr. Crampton, that you *art; u man of limitetl means: iiiul as means are iicecssary, he coultl furnish nie with any amount." I toltl Liinl wanted £2.")0 to £;{0(» to start with. H« answered, " That isoiily atrille. Yon iieeil nut he ecoiiomieal, as nitmey was no ohject- at all. 1 cannot give ytni more than !*:WM' '•''■ pre.sent, as I have drafts on tlitl'erent places, which I will put in the hands of one imi'l; and this man woultl get authority from me to furnish you with the nutans yon waiit. "That it would he necessary to get lueu as quick as iJossible, and lor this pui'itow 1 COI'NTKU CASK OF TIFK IMTKI) STATKS. fi-.M •lltH With IIK' ll'* I tlifii H't III 111(1 r i)ui niiiltii. I iiUii'Ws riTcivcil I loiter tioni Ml. Vc (siiciiUiii;; "ill |;IV«' not Ii'CfUi'il •d ; liiiwi'vcr, W( ml tlii<'<', I'oiir.m >• 1 would iulviM' t know of liny ni 1 ran ui^<' >•>'! nil ,Vfiit toWasliiiiit- coiilil liiini IViiiii hiliiili Ipliiii' ll>i> ladii to iiiv lioiisr. try. Ill tills i, I, I i> iiny ililliiiil'v 1 isfcrtain. tliitiov , I must (lisliii(tl\ oil tho i>art ot Ml lent think it imssi lat thi'iiiatttr liiul ^ovcMiiini'iit ; Ml , " 1 was It'll Ml I" pliia. anil in i»''"i" wile liainlnl iin ;! .arlor No. I" >^1" ml sjH'iit witli liii in Mr. llowf at In- I III- was fxtrfiiiiiy iiitctl; that liilial II in 11 »'«^w (lav.s. 1 men for tlif t'">fi;:ii iirdaHp:""!!''' ^l'" Is IVoiii till- Kii«li>!i ,vv lor till- f'Mvii:'! Ul for thr iiii'ii I'l"- havi- not the l>li'ii"- has jfjvoii iiic V'ti' iDnliili'iitc." 1 nil .,■ some (locnimiit- III such at lU'csHit. introiliK'tioii to Mi |,1 1..- satislicil if Ml. iUiii;,' to act (in lii- '.» o'.loi'k. 1 «" ilr. Van Essiii. Mr. I. hut hail iifvir iiny ,.iw.-.s:»iil, '•»;'•""'■ M'lit for thi' Stall' lii Thavc not jiot Mibi alcini-ntsh.'in^ioi- ■.>hitthcws, "kiiii"- I w as to ii'ct'ivt' .^J and have never re- ■^'■lated in ihis coii- .Mr. ( 'i'aiii)itiin had I'lssi'ii, and myself, that h'liiiilier;; and iliiiik it woiihl he liest to insert Nome advertiHeinents in the (lerinan papers, and in tin- Kii;;lisli papers thai are most rend hy the Irish population, who are Her Jhilish Miiji'sty's Kiilijei ts," I asked him what he meant to insert or advert Im-— if lie thinij;)il it [iioper tiiat 1 should eall for volunteers ; he said, "That will not do, hut 1 will write yciii an advertiseiiieiil wliieh you may insert iiniiiediately. wiiliniil any risk." He wrote this paper (hereto aiine.\ed marked (!, ('. F. II. i'his paper is the iiii;;iiial liioclaination, i»iildi>,lied, y some Fiemh einhas- -iiilor. Jh' tlieii W( nt to his writiii;;-de.sk, took out ijllnii, and was liandiii;^ them to III)', I told him, " I do not take any money from .\oii." I had so told him oner' liefore, M-. I actually wanted the money thronj^h the hands of .Mr. .Mattln'Us. I was at lliis iiiiii) still doiihtfiil whether 1 sliotild emhark in this enterprise, as all I have heen 'tilting now was mere conversation; and I had not done aiiylhiii<{at all that could mak(« me liahle in any shape or foiin. I desired to lest the i|iie.stion whether I ilTT] should act or not, lliink'in^i that .Mr. Matthews would not jday any pari in this affair, if it would he iif;ainst the law of the coiinti\, and 1 therefore asked that ,10 lirst step lie taken hy him. Mr. Howe then said, " If I would prefer that Mr. .Muttlu.'W.s Hlioiild tiive yon the money, it should hi; done so." I answered, that his ijiijiin so was a jireat ohjeet to me, as he, Mr. Howe, was only a transient visitor, and (diild leave the St.itcs iiny time lu' was disposed, hut Mr. Matthews, as a I>i'iti>h fiiiic- tiiinary in this city, would feel himself hound to cover me if anything; should happen, 111' any charjtc should lie made. He said, "I am very f;lad to hear that yon are so • luitioiis, and 1 will meet your wishes ; pleasttcall to-morrow inorninij; hei'e, at !• o'clock, ;iml if 1 have not left the city, I will take yon to the room of Mr. .Matthews, in the ,ii!i I hotel, and he will jjive. yon the money; lint if I have hit, u;o to .Mr. Matthews, in liisolli(;e. and {^et the money there, if he has not hefore sent it to ymir house. I asked liiiii why he staiil at Jones's Hotel ; hu said, as tlio Hritish consul stopped there, he .'1 so; we shook hands and 1 went away. In the course of this conversation Howe rcmaiked "there is no necessity to he afraid of I'liylhin^j; the laws of '" land hi"e ,ire hut iioorlv enforced, "and ,t 100 mi<;iit pnicliase all the laws of " land." i)n the morniii;j of the 14th of March I wont to .Jones's Hotcd ; Mr. Howe had left, ■ 'It .Mr. Hicks, the hook-keeiier of .Jones's Hotel, handed nie an enveloiie without an :iii lii.siire ; on Ihe lly or fold of the envelojie were written these words: '■ (Jo to Mr. Miltliews; it is all rij^lit."' I went to ilr. Matthews's oflice and saw him there; he told iiir" li(> had just si'iit his clerk nji to my residence, I'i4 North Twelfth street, with.'S'.UMi, /vliicli Mr. Howe had reqiicstcd himtoKive me, and if I would stay there, or come hack ijjiiiii in a <(iiarti>i' of an hour, his clerk would he hack, as he wished to have me };ive a rcceiiit for the money." 1 remained and conversed ahoiit the hest plan to hej.iin the matter; Mr. Matthews ohserved " that he would he <;lad to assist me in anything, hut It miiit he a secret, as his oHicial standin<; would .lot permit him openly to have aiiy- iliiiif? to do in the matter." The clerk returned, when the conversation ceased at a 'ifjiial j;iveii to me hy Mr. Mattln^ws. The clerk handed the i>aeket to Mr. Matthews, and Mr. Matthews counted tome .SlUlO, and I took the jiaper (marked I> C. F. '4*9] II.) in which the money had hinni inelosod to me. "The followini;; is a copy of this paper in liandwritinj;'of Mr. Matthews: '•Mr. Howe reiiuusts the $'M)l) sent may he {{iveii to Mi\ llert/, on his receipt in .Mr. Howe's name." He handed mo a slip of paper, and asked me. •' to j(ivo him a receipt ;" he said, "Ih- "ireful to jiiit Mr. Howe's iiaini! in it.'" I wrote the receipt in these words : "KocL'ivcd, lMiilaileli»hia, 14th March,lHr>r>,of Mr. B. Matthews, three hundred dolhirs, liiLicconnt of the Hon. Mr. Howe." Mr. Miitthews stated further that " if you want anythinjj for vessels, or moans for '"iiveyaiice, yon must fjo to Mr. Henry Wiiisor, on the wharf iit>ar I^ine street, and he will furnish you with anythiiij^ in his line; tluit lie (Mr. Wiusor) had Jiioney.s in liis liiinds, or under his ciontrol, heloiifjinjj to Air. Howe." I took an cfUce on the 14th of March, and went to the Ponn.sylvanian and Ledger iiml inserted the advertisement written hy Mr. Howe. The Ledger notice was an ilistract, the I^'unsylvanian iuserted it at length. Mr. Kuinherg attended to the ao.ssil)ilif y to ;rct it from licrr dirccl '0 lialilax. Imt means arc imnni,,; to send tiii'm fi'oin licic with liis stcamtTs to lioston. and tln'ii' the ifji;idar piwlut'- would ti kc tlii-m to I lalifax : hnl, at all events, it would not Ite )>os.silde to send su-ji .; iiunilier lielore Saturday, the *JUh, as the Hieamer would not -^o belorc'. I was ]>lai-.., in an nni)leasant posilinn. as those men were very poor, and were anxiou^^ to star:. I was, tiii'refore. neeessilated to jjive theiii a little money ti) live. 1 lielieve it wa^ tli. Kith or I7th, in the al'lernoon. ahont nine or ten persrvns. eallin;;' thenisehes Kii^h^i, siilijee-.s, came to my ollii'e : they iold nil- they had Just come from the Uritish cen^ 1!. who had sent them to mv oil ice to (•. {went down; he iireseuled me a Icttir i t'-^ll "addressed to him. from Mr. Matthews, i/i whirh lii'desired that .»li'. W'insorsI lelllil ' theca|itaiu sl'i for cicli ticket retiintcd l»y tl e rii|>. tain to .Mr. W'insoi. I •^-.ivr .Mr. W'insoi' ci;;ht tickets, and he ^ave me the recei|»t licn-ri' annexed. (niark<'il V. ('. 1". II. Tl-s rccci|il will lie toiiml, ante, ]>a!.';<- tKi.) ami I niw the caiitain "i ve to .Mr. W'iusiu' a receipt for A'M't. as the captain had returned the i-i^|.i ii'.ki'ts he had rcceivi . from W'in.sor ti> him. and l)ounil himself to didisei up tl men Ml II ililax, ai id iiirther to return to Mr. ^^"insorsi■j for each man lie shoalil nm dcli\( r up at llalil'.ix. 'I'l rlicm that evenin;:. 'I'iie ; le captain tool th 'ii;lit men in his schooner, and sailed u;ll ame (lav I wrote a Iclicr to .Mr. Ilowc askiiM; tWi- funds. Mr. Howi dii ■clio'i was;;;i\cn me hy .Mr. .Matt' lews. The foll:>w iiie; morninir I irot a l< Ui'apliic dispatch (Iirc<'rni;; me to call on Mr. Winsor and ;^ct IVuids. 1 went to Mr Winsoraud toid hiii' I wi.-hcd .s<.'lHI: Ii(> told me that he had an ordei to pa> me .*lt«' only: I hat Mr. Howe would he here pcrhajis that day or t hi' day alter, and he wmilil I -I.-".*] 'I'liniish me w itli more. At the .same time Mr. Wiiisor told me that the ste;»i»rr ({laiiitc .Slate did not lieloii/jj to him iiiiy more; that h(> had sold her to aiiotlur tirm, and lit did not think tlie linn would jiay a charter lor takiu-^ passcnj^ers ; th.i! IS he could not procure iiiiy e did not know, therefore, how he would act to-morr< other vcssid. I Icleeraphed directly to .Mr. I'lickiiell askin;r him what I should i!' f;et coiivey.'iiice i',\\ *To yet the people awa.\ , 1 went down to Saiidl'tu'd's line, and made an ai:r'* merit with iMr. I'.ldiiiluf tt to Xcw \'oik. if he pa y him Srl Cor ca(di man he wtuiltl take steams Id tlelay tile departure of his .steamer till .Siimlay. 1 wanttTi tt> have him to send the men liy the steamer SamUord, .\s Mr. Kldritl;j;e tlid in>t kni>» nil . Mr. \^■ins(M■ went in aiitl tidd him that everytliiiiji; that I did he wouiil he ris|M>ii- silde for. On tlie:iMli, in the mtuiiiim. ih l.eoj lie were leadv t o start :il •'> or tioc •l(«k. hut as I had no money in fninish Mr. Sirolit i. Avlm had commaii. 'f the party. I wn'. lip tt) Mr, Mntfhews at ,Ioiie?.'s Hotel, in his room, at o o'clock, aii.i odd him the ptni'ii Aveic lliere by the \^h irf. hu( riiptiiin Strobtd was not willing- tti star! witiiout m>iii'->. ami the j»oo!- iieople wanted to have money in llieir pockels. lie ^;ot out of liis Ii'tl. and not .'r'.')ll. and hamled it to nie, sayiiifi "if that is not eiioiiuli. 1 w ill j.;iM' you luer' I went down to the wharf, and "rave S'Jo tt) .Mr. Strohcl, ami divitleil the balance anii'ic; the men wlitt were eoiuj. <'ii;.^iK''*' "f "'.V ttfiiic tti ;io. ily tir nincf> pcojile. Tliese people were th. t'hcv Went otV to New ^'ork. I went the same iii: I i>. rht. -i' 'i.")tli. to N>'W York, and went to l)eliiioiiict)'s hottd, wlieii! 1 tbiiiid Mr. Ibickiicll slet pin;: in Ml'. Howe's room. 1 tohl .Mr. M. that the people either were there, or would i'< '»'• niiij;. ;uiil asked how thev were 'o \w coiivovf'i to ntwtoii. I ill* they left this nmr told liiiii that .Mr. Strobtd would be tlien^ and i'.'immvi IiIm fiirtlie''"onh-r8. Mr. JSiukiif'' said tlmt liti woiiiil make it nil rifjlit ; that 1 should ^o '.< Mi; Harday, at his priviiti n"sidenc(>, ('olle<;i' I'lace, ami lie (Biiekiiell) woiilt! soon be (here to makefurlhti [IS J] unaiij;eii;ents. I wfiit away, iiiid returned tt." Pclmonico'fi in about 'iiii hour • met there -Mr. Strobel, who liatl arrived; he tohl me tliiit li»v wjuited iiionev t" fei (1 the peoide; that lie wasoblifjed to tuke them, in four did'eieiit parties, lo four .iii- terent boarditiij-liouses in (ireeiiw itdi Htn?e.t. Mr. Ibukel; c:!iiie ilowii, iiiul \vi; «.;ir up to luH private room, where he tohl iiit> lliat !i<« vv..iild }>o with uh liiiimelf to .Mr itaitday, at hi.s ollice in Itiu'clay Ktrtfet, ami that 1 .shoiild ^o with him. I Wfiit 'vith liiiii, and he iiiid Mr. Itiirclay went into an iiinta' voom. Mr. ]iiickii«dl then eaii'.'OHi. ;uiil Iold me to wait In bin privut(^ room at Didinoiileo'H, that he would come (limti} ami lu'iiiK tli« inoiiey. He came and ^ave nie $V){}, whitdi I dcliverwl in his jiresfa-'t to Mr. Htrobel, lens ijn. I |i',;ive him l|H) at that time, aiitl had ^iv«u |15 l»eV<»re. tbal \^al)f^■ll a coji- Hiililax ; lie sa'ui. ans art- jhik in.-.l rc;;iilar |);»rkit> ilt> to WMld sn -li a •<>. I was i>),iir.! til. I'liiM'lvcs F,li;.'i',-.ii ic Itritisli tliuM el a 11U'S^a;;^ \N ,i» M'liiiil III!' a littrr ill'. W'inv'M-sliDiiiil .1 nil' as '•"nuli.- 1 (.'oHiiijMi n !;iy- iU'lH'il l>y tl V I :i|'- the >iTt'i|it hcliti !■ nil.) ami I Niw ctiirni'tl tlif i-i;:lit (Iclivi-r ni> tl\ii>« laii 111' shoalil nut r, ami sailril \x;ii, ijj; ti>r I'litiils. Mr rniiii; I ,i;oi a u- <- S. 1 WiMit 'il' M, Ifi to j)a\ mr >!''< I'tii, ami he wmili. ' tiiat tlir NtcaMin. )1<1 hrf to uiioil,. r liassi-n^fis •. tli.i: 1 not ]»it>fiirt' ini\ liai 1 slioiild tl' i" Tl'ic iva.soii vliy ! IC a'^i'i'ts ill M !iii aiiiliori.:'-'! '"> -^1' I low.- liiiiiH ltv;i- 111 iiiadt' iui a^To kc ill his stfaii.^ . iiitlay. 1 waiitn. ./(■ iliil not kiioi* WOUltl 111- Ifl"'!. t :it .'tor (ioVltMk., thf iiarty. I \vf'i' lid liini tlif I""!' 1 witilOllt Ili'lhr). ! oiil ot lii.-' I"''- li •j,hr yon iii'T' hi' l>alaniv aimw .,N.1<- tl'.0-<- I ll.t' aiiu" iii'.'l'il- •! Hiu'km'll-!''!"''- i. or woiilil ft '"1 o llostoii. ! iiK •vs. Ml-. I5ii(kii«'' ;»v, at lii.s I'livii" . 'toniiikcfiirii'.';^ Ii(>iil 'an lioiir I aiiti'il numiv '• iltH's. lo f.ill! <'■■ ll tlu'U rail'.' »«'■ [1.1 foi'i.' r'*a' ' ilb befote. that COl'NTKR CASK or THK I'MTEI) STATKS. 623 i.i.niia;.;. We \"i'nt together to tlif Ast(.< Hoiix', wlu-ri' Mr. Iiiu-kiicll ti']i'i;ia)ilir(l to Mr. .Matthc'.vs to t>'l .Mr. ('iiiiil)i rlaml. wlii-li inc.tas >r-. llowr, not to leave I'liiladi-l- [ihia ^^itlioiit sffinjt Mi. Hertz. .Mr. Howe, ai 'lie tiiii' we were in New York. Iiaii ;jiHie to \V;;>liiii!j;toii. ami Was j-xpected to return in a d.iy or two. I left N'tnv ^drk ami returned to I'liiladi Ipliia the sanie iii^iit. .M<-. n.iielay was the ISritish eoiiMil at N.w York. On my arrival iVoui New '^'ork I went direetly from the depot ..> Jones'.s Hotel, as on iht^ •itiih of Mareh. Mr. Howe t
    ir. Ihiekiiel). throiiiiii .Nlr. .Matthews, he iiad waited hfielor the piirpofiir Mrs. Iter!/, to eoiiK' down and see liini. as hi- wa.s iiidispi;<(d, Inil she declined to ll... so. He told nie he had eonie from Washi. ;rt,,ii. after h.ivin<4 a very iniportaiil iiitei \ iew with .Mr. Cr, mptoii, and that Mr. (.'raniptoii told him thai as far ;is he '4e ihr, I'nited ''' ites (iovenimeiii slioiild determine to ]iroseciite the matt. 1. 1 told him th.'>l .1 was ilVaid. as I had the words ol' such men as .NJ . (.'lamiu.Hi .'I'mI Mr. .\i,,:!ii that •diiiiu slionld liapp •!. to me. He told ine thai it was In o'liock. and he exp<'ete(^ to ■ Mr. Matthews, as he ^.Mr. Hov.'e) would lea\c in th'' mii!iii'.:li( tr.iiii for New York, iiild him til.'' I was MU'|iiised ll:al he liad not sent me any money, as he said 1 sliuiild • ! lie ecoiioiiiieal with it. He pmniised to write a note U> .Mr. \\"i'i.>iir. .-u.d all sliniiM i.'ide ;ii;lit the next day, hiil the next tlay .Mr. \\' i>>\f[ had no OKle'.'N Ho«e tiad no! seen him. .Mr. I'owe told me io word ni\ . eailiiiij; ti 1 hands or parcels. Mr. H, we also said in this last i oniiection ! hat Mild niak ■irjie Mnient him (Howe) Word that 1 lla.l elii;a>Xcd Koipona.\ !le \\(i:ild s' lid Ille 'lleV. Tav next moriiiiiji I received ;; tjialc!i tiom .Mr. I'lnk'iell, asUin;.; how liiat the re \\ .!>. ill.l -o to j irc Is I ihl d. id that I slioiiM hill I \ th'iii :il< Jii'ton j'"tlti-r eoi!iii;iiiy waMtiu'4 to join the next cxpi'dition, .-o that ".'ftlier. I an-»wered him immediately that I supposed fifl> to si\(> hari ei-; would ;j,n l.v tl le >;«n!o id tl oiiie (7 went of! ov the S.iiitoi.i thai dav ; when 1 i aiiie to •lii'-e a iiall ail hour afterw .-.ril I was arrested. <»ii W.-dinsdav. tin- •j-ili of' .Nlareli. i was arrested, iml on ihe '4[)t\i I w -iit io Mr. Matrln .1 d .\Ii ■<-l Matthew in ;i d.i p conversation with I >e Koiponay. ""Me lef; .Mr. I)e Korponay and iiivit<-d me inio !lie ne:vt room, .and there said to iiie. " lio not he dowii- jit.ll. We will «lo ev\ rylhiii;; foi- yon in oiir power: he meant hy ■' w.-." Ciaiiipton, ii.t«f.uiiil III Itself: he also .said •• t hat I should try to ;;i\ e .Mr. Howe inlorniatioii of what ■ :' Lappeiie I. and that J should ;;(> flown to Mr. Winsor and '4;et .'^•Jii'i; I weiii to .Mr. ii^ir: ii<- told Ille he lialr. Matthew >: I went hack to Mr. 'iattllews's. • I«i> part' and hi'i Mr. .Mat tliew ) handed the paper marked F. CI". H.. which i-. no\ .I'V. !ii;r .* ord> This )iajier .Mr. .Matthews wrote in ni> pre.'»em-i all at .(ones's for y^2'>^> hit with .Mr. i^liar The paper is in the d. tl IC proprie- iiy .Mr. llowc, at 2 unlock.'' \ went np to .Mr. Shaiweod. the priipii^ior of .lones'.' ii>',el. ami 1 reieived >",'n«> ol' .Mr. Hicks. the liook-keepei. to w liolil I -howid this ]'aper. TLr.'idiiie day I wiiit do>vii to Mo,\ aniciisiiiM; to s.-e .Mr. ISiidil. who had sent me ii iiies- ;•-;'■ iliat he iiad no money. I };a\e him s.'i. J !(dd I.mih 1 coiihl not procure hail for • It:. as the people did not want to i^k hail lor a native w ho i.s eii;.,a;^eii in a hiisiiie-.s of ^'-iiann c "vith h.-r, ••iiid theie found a letter addres.scd to me: afterward I w.-nt out (o t;ike ■•*Alk with my wife, and walked d< wn ('he.siniit street iml met the piuter of .Jones's 'i>rl— .lidiii .\lleii, I think his name is: h" asked me if I had •ive th;ti day. as the ItriiiNh < on.-^lll had jiiveii strict oiders that the '''ivi should \silde. 'I'lie letter is In-rct.i annexed, marked (i. ' • !■. H., and is the letter I found at my house on the «Heasioii r.-ferred to liy tin' por- "f Iliav. seen Mr. .Matthews's handwritiiif;. I know hisstyh- of wiitiiif;, and hidiexc ''letter marked h consul ha nnder false mimes ' IIon»)rabltMmirshal! Honorable United States district attonsey! Honorahl "Captain Power" and " LicMitemmt SonnnersI" What is (iilroy's real name nalUi born .' Not wheit; he says. What his eharaetta' '. What his nnvaitl C llll'll. HTf Wl [488] Is the (ierman desirinj^ libf-rty, or the Hritisher dcsirinj; *to aid his eoimt in a war, to be held as criminal f What has Unssia paid the dominant power (or this rio;or i Some of the nn-ii wlio shipped on the ni()rnin;f of tiie ai'roat were not tnlceu hy the marshal, and went on to New Yoik. The bo(d< marked H is the book in which the names were entered in my n\'\\v<\ ;ht translate it Xov.i Scotia Hailioad t'ompiiny. I had. them printeil myself. Mr. Howe told nie to i)riii! them in this way. The white ti'];(>t with N. S. \{. and J. II. on it are tickets which | obtained fr ini ^Ir. Howe myself. The .1. H. are in his own li;indwritin;j. I nseil only eif^ht of th.se, which were the eiffht I yave to .Mr. Winsor. Those I nsed luwl Mi. Howe's seal on in wax. On Satnrday, before Strobcl left, I told Mr. Mattlnnvs at that time that the dilleivm jXentlenien who ixpeeted to ^et a eonunission w< re auxions to know what pay tin'. were to receive He told nil? he conld not exact Iv lell me, bnt that I should call i [489] Doctor Willi.inis, and '. foi- riitimis, Mr. Howe said those prices reterred to the perdiein p.iy. I believe this )i;iper to be in Mr. ('rami)ton's handwrif iii^i. The handliill uuirUed K. ('. )•'. H. (this is the handbill witii the (/m-en's arni.s on it. already printed, ante, pai^e 'I'^'.U is the 1)111 brou<>'ht u\e liy Mr. Ibicknell, toj^ether with th .hit" tickets with Howe's seal on them. These hills ar(! the same as tin [490] ))osted in my ollice. All these "bills were Th ime friend of Mr. Matthews told nii- it wre ]ierlidious, and I still think so. I left for Halifax, and had in my possession a. letter to Mr. Howe, stating what In ouj^ht to do in my behalf. At New York I went (o the otlice of Mr. IJarclay aii'l [491] saw Mr. Stanley, "the vice-c(msul ; In^ spokt; witii me about Mr. Howe, ami tolil me that he was sorry that sne, withoutassistinjij us; he also told me that Ihicknelhvii- goiny to Halifax, ami that he, Mr. Mnckiudl, was in the same position as inyNelf, Mi Stanley told me that .Mr. Matthews had paid Mr. Ihicknen'sexpen.s<'s, including hi^^V'''' fees, ail the expenses he had incurred, and expressed snrjtrise that the same had mi' been dime ior me : Mr. Stanley jiait. s«'s.hi-hadto ohtain from Mr. ("ranipton liini.selt. and tiiat lie would <;o tliat same ni<4ht to Mr. jW'J] (.'ram)>tt!n tor that pnrp(»s<». Tliiswasiii tlielirst )»artof ,hiin'. 'about flie7th.h»ng aftermy arifst ; Mi. .less »n f»aidlu'\\as;it that time ;foiii;ion in t lie enlistment hiisi- ii(>Hs, under the direction of Mr. C'rampt on. and 1 .saw him send lift ecu men on that oci-asioii til Boston, \'ia stoaiiibimt. to ^o from tiienct; to Halifax. Mr. .lesson told me h«- was tiii'ii on his way to \V;«siiin}j;lon to obtain money from Mr. Crampton for that pnrpo.se; that the whole enlistin^r business was now entirely under the special supervision of .Mr. Crampton, who iiad taken tin- matlei ; fiKin the steamer; he <»reeted iiH- very kindly, but said In^ had no time to see me. ami >i('lil»'d on board the steamer for Eiii;land ; that wan the sanit; steamer I arrived in. riir next morniii<;, the Inth. I went :ilr. Howe's. ill' also said that .Mr. Howe had nsed .'; business, and inasinnch .i> III' had remlered no account of it y«-t, he could not tell how my accy had no orroved and encouraged me in send'iug them away. ]],■ encouraged mo Ijy his advice and counsel, and in giving mo money to send tiuin awny. Thestatemiiit wliich I now have made I have ma d«'sir(' wliicli now prompts me to niidic every reparation in my power, by contessingniv own fault, and exixtsing tliese wlio have induced me to enter into this illegal business. I make this statement in the hope that it may have its i)roper intluence upon the (Jov- ernment of the I'nited States, in relation to any futun? action in the prosecnliuii against me. I have, made it, h()wever, without any promise as to such future adimi, jdacing myself entirely upon the cleuiency of those who have the power to act in tln' premises. HENRY HKKTZ. In testimony of all which, I hereunto sub.scril)o my name and affix my seal, tlii.s lltli day of Octobei', A. 1). IH'm, and in the eightieth year of the lndependcn(U' of liii'Siiiil L'uited States. [SK.VL.] CHARLES F. HEAZMTT, I'nited UluU'it CommiMitioiia: 408j *M>'. Cmhiitg, Attornrj/General, to district attorneys. [Circular addressed to district attorneys in ]iriuci])al ports of the I'nited States.) Attouney-GeneraiAs ( >ffice, December S, IS.m, Sir: Iiiforiiiatioii liaviiifj boon rocoivo^l by tlio I'rositlciit that pit'iM rations aro b«'in{»' iiiado in varion.s ports of tlio Uiiitod States to rt'i'riiit| nion for tlio iiiva.sioii of tho Stato of Nicaragua, or othorwiso to tiikr part in military operations thoro, ho (1iro(;ts mo to call your attoiitiniil spooially to tho snbjoot. IIo dosiros yon to tako nu'asnros to dotoct iiiid dofout, so far as it may bo lawfully dono, all snch ontorprisos, to liriiid tho parties oiiilty to pnnishmont, and to detain any vessel littetl out in curry on tho ninlortaking'. You will plea.sc to j>ive setisonablo notieo if, in any case, occa.sion sliiill arise for the exorcise of the direct authority of the rrosident in tin j premises. 1 Inive the honor to be, very resjiectfully, C. CUSHlN(i. Mr. Cushing., Attorncif-Gencral, to Mr. TlaUety United Stofes Aftormil Boston, and jMr. fJe'iM, United fitate.H Attorney, southern Ohio. Attgrney-CiEneral's Office, December S, IS."i.l. [499] *SiR: I am directed by tho President to call your attention tijl combinations, idlegod to exist in your district, for the piiriw.-^e oj military invasion of Ireland. Whiie it is difficult to believe that such intention is entertiiiiieectfully. To IJ. F. Hallett, Esq., Unitid Stiitfs Attortu'i/, liostoti, and flucJir Q. Jkwktt, Es«|.^ United /States Attorney^ southern Ohio. C. CUSUING. HENRY HE1M7.. *Mr. Cuiihing^ Attorney-Genera}^ to Mr. Inge and Mr. Ord^ dintriet attorneys. Attouney-Generai/.s Ofi'ice, J>eeemher 11, ISoS. Sir: T am directed by the President to address you further on tho >iilij('('r of tlu^ illc{;al military enterprises a.i;ainst tlu^ State of Xicaraf^uji, ivliicli have been and, as it appears, still continue to be carrie'■: v'^ requost your speeiiil uttcution to the subjoot, so as to prevent or punish any inlriiiyrnient of our relations of amity with (ireat Britain. In conseqiuMice of a meetin sipiin to invite you to vijyihince on tlie subject. Whik' it is dilluMih to believe that sueli intention is entertained by any i)ersons in the rninil States, or, if entertained, that it will reach the staj^e of an overt ilU-^fal act, nevertheless it serms pro[K'r that the subject sliould have your con sidcration. The I*resident is, of course, soliidtous that no violation ol law shall {ijo unrebidved, and especially none which touches our foni;;!! relationsand thus affects the honor and the peace of the whole countiy. lie, therefore, particularly desires you not to fail to institute (iriniiiial proceeal acts of the (;haracter above referred to, or otherwise, contrary to oui oblipitions of friendship to Great Britain. [502] *1 have the honor to be, very respectfully, C. CUSlll^G. James C. Van Dyke, United iStates J yi strict Attorney. Mr. Van Dyle, district attorney, to Mr. Gushing, Attorney-Oenernl. Office of the Attorney of the United States FOR THE Eastern District of Pennsylvania, 140 Walnut street, Pkiladelpkia, December It, 18)5. Sir : Your communication of the 12th instant, in relation to a nu'etiii;,' i"«»eently held in the city of New York, supi)osed to be for the purpose of or.i^ani/ing an exi)edition for the military invasion of Ireland, and inviliufi vijj^ilance in the suppression of any infringement of our relations of amity with Great Britain, is this day received. In compliance with your suggestions, I shall direct my attention to the matter, and also request the marshal of this district to use bis host means to ferret out the truth in relation to the organization to wbitli you refer. I am sir, very respectfully, your obedient servant, JAMES C. VAN DYKE. Hon. C. Gushing, Attorney-Ocneral. Mr. McCoy, district attorney, to Mr. Gushing, Attorney Oeneral Office United States Attorney, Eastern District Louisiana, _ December 18, 1855. Sir: I have this day sent to the collector of this port the original of I the a(;companying copy. I trust that its tone will meet the requirements | embraced in your communication of the 8th instant. I am, dear sir, yours, &c., THOMAS S. McCOY, [503] • United States Atiorney. Hon. C. Gushing, Attorney' Oeneral. COUNTER CASE OP THE UNITED STATES. 629 [Inclosure.] Mr. McCoy, district aftorney, to Colonel Porter, collector. New Orleans. United States Attounev's OrrrcE, EASTEUN DlSTUlCT LVI ISIANA, Dcccmhcr 17, 1855. Sir: I liavo. been informed tliat preparations are l)ein<>' made in and about New Orleans for the invasion of Niijaraj^iia; that a eonsideial»Io body of men have, been recrnited here, and are on tlie eve of departnro to take part in the military operations of that partially revolntioni/ed ffovcrmnent. As far as it may be lawfnlly done, yon will detain any vessel now in this iK>rt fitted ont to carry on the nndertakiny; and I partienlarly re- quest that yon will detail a speeial nnmber of inspectors to siNii-eh and wiitcli the (leneral Seott, nowon the eve of departure, and report to this ollire the residt of your investi;^ation. I am, sir, your friend, TOM S. MrCOY, United IStatcH Attorney. Colonel J. C Porter, Collector, New Orleans. m *The rresident to Mr. McCoy, district attorney. Executive IVEansion, December LMI, isr)."). Thomas S. INFcCoy, Esq., United States District Attorney, New Orleans, Louisiana : Your letter of the 18th instant, addressed to the Attorney-CJeneral, has been submitted to me. Your call upon the collector is fully approved, (.'oiitiinie to act in the premises with the utmost enerj>y and vi<;ilaiiee. Ydii are hereby empowered to exercise all such authority in this relation ovortiie public force as the President may lawfully delefjate by virtue of the eifihth section of the act of Congress of April 20, 1818. FKANKLIN PIERCE. Mr. Cashing, Attorney-General, to Mr. McKeon, district attorney. Attorney-General's Office, Dcccmhcr 24, 1855. Sir: I duly received your communication of the L'.'Jd instant, and the iliti'Hiiionts a<;conjpanyinainst him was <'ommitted by him since assiiminji snch <-liaracter. 1 have to re«piest to be informed of the President's directions as to whether said warrant shonld be execnted. 1 am, with high respect, &c., JOHN McKKOX, United States District Attormij. Hon. Caleb Cushino, Attorney-General. Mr. Cushing, Attorney-Ueneral, to Mr. McKeon, district attorney. Attorney-General's Oi pice, December 27, lSr)5. Sir: I have received your letter of the 2«lth instant, in which you state that a warrant has been issjied aj^ainst Parker II. French, (diiiniin,:: to be a diplomatic representative of the state of Nicaragua, for an orteiisi' against tlie laws of the United States, charged to have been coMiniittcd by said French recently, and since he assumed such character, ami [.">()7J as to which you request to be informed whether *the said wainnit shall ho exe(!uted. In rcjdy, the Presitlent directs me, in tlie first place, to refer you to the following paragraphs of my letter ot tlie I'ltli instant, viz: Y«)ii will ])erreivo that Mr. French is entitled to diploinatie privileges in the IJiiitnl | States only in a very (pialilied dej^ree. He is not an accredited minister, hut simiilyii )»erson coming to this withdrawn from him so soon as there shall 'ii' cause to h(,'lieve that he is ongajjed in here, or contem|»lates, any act not cuiisisttiit with the laws, the peace, or the public honor of the United States. He directs me to say, in the second place, that proceeding in the spirit of the fullest consideration for the diplomatic character, he desins [ you to notify Mr. French of the present charges, and to inform hitn tlmtj no process iu behalf of the United States will be served upon liiui, pro COUNTER CASE OF THE UNITED STAT: S. 631 vided lie shall not become clmrjieable witli any further oil'ense, and shall depart from the country witliin a reasonable time. I have the honor to be, &c., C. CUSIIING. lion. John MoKkon, United IStates District Attorney. [j08j *Mr. Addifionf district attorney^ to Mr. Citshinn, AttornryOcneral. Office of United States Attokxev, JUiUimore^ Ihvcmlnr US, l.S.").">. Siu: Imnuuliately on receiving your letter of the .Sth instant, I took iiii'iisiires to ascertain if any i)rei)arations were beinj; made in this dis- trict to recruit men to take part in military operations in Nicanij;na, and k'caiiie entirely satisfied there were none. I shall continue to exercise all \\\y viyilance to detect ami defeat the expedition, should one be or}>iinized. I am, sir, your most obedient humble servant, WILLIAM MEADK ADDISON, lion. C. Clshino, Attorney- General. ict attorney. Mr. Pierce, President, to Captain JHyilow, United States nary-yard. Executive ^Ian.sion, January 9, ISiiG. Captain Abram Biuelow, United States X.avy-Yard, Proohlyn, Xea- Yorlc : Arrest and detain any vessel in the port of New York chiirfjed with violation of neutrality laws, upon a«lvic«^ of the distriet attorney, Hon. Jolm McKeon. FKANKLIN PIK.KCE. Tlie (uiginal received, of which the above is a copy. [J09J *Mr. Joacliinson, actiny district attorney, to Mr. Cnshiny, Attor- ney-(jener((l. Southern District of New York, United States District Attorney's Office, January \), lSr>(J — 4 p. in. Sir: I have the honor to report to you that I have just retunu'd I'rom the Star of the \Yest. The President's authority was respected. Four wrests were made. The ship not having anything otherwise unlawful, I permitted her to depart. I will give a detailed rei)ort toonoriow. 1 renniin, with great respect, P. J. JOAOHINSON, Acting United IStates District Attorney. IIou. Caleb Cusiiino, Attorney- General. fi32 TKKATY OF WASHINGTON PAI'KUS ACCOMPANYING Mr. Cmhiiuj, Attorney- General, to Mr. Cannon, diHtrict attornei/. Attoi{nkv-(jeni:rai/s Offick, Jannary 14, l.srH). Siu: I am (liro<',t«Ml by tho President 1<) eull .yoiii' iittentioii to tlie stutemeiit in the Tri'iitoii (ia/ette of the lOth, repiodiieed in the New York Ileiahl of the iL'ih, to the erteet tliat a luilitarv expedition, in viola tion of hiw, is Httinj;' out by parties in New Jersey, and to riMpiest tliat yon will taiu* steps to inquire into the same, and, if the statement [510] be tnu', to arrest *an«l [uoseeute the otfenders. 1 am, very respeetfidly, C. CUSUIN(}. G. S. Cannon, United IStaten Attorney, Ncir Jersey. I? t ifr ' ' ' >• > 11 -U Mr. Cannon, district attorney, to Mr. Cushiny, AttorneyGencraL BouDKNTOWN, January 10, IS.")!). Siu: T aeknowledye the receipt of your h'tter of the 1 Uh instiint. direetin{>; my attention to eeitain publications in relation to the nimoriMl littiiifj; out of a military exjiedition, by parties in this State, in violation of law. I will proceed at once to institute : i^id in(|iiirv in relation to this matter, and if I tind that the runu)rs an- well founded, will immediatuly take measures ti» arrest and jn'oseeute tlie ofl'enders, 1 am, very res[)ectfully, your obedient servant, G. S. CANNON, District Attorney, dr. lion. Calkh Ccsiiing, Attorney-General United Slates. K .tc-.^... . m^:' - ~m:. M Mr. McKeon, district attorney, to Mr. Cushing, Attorney-General. SouTHEiiN District of New York, United States DisTRuri- Attorney's Office, New York; January 1(J, lresented an in [oil] di(!tnuMit for setting on foot a *military expedition or enter prise against the government of Nicaragua, against the foUowiu;^- iianuMl persons: John Creighton, Francis B. O'Keefe, Andrew J. Moni son, Charles Waters, William Lyster, Parker II. French, Daniel II. l>il lingham, Joseph K. Mali, George B. Hall, Addison Farnsworth, and Louis Sehlesinger. AVith great respect, I am, sir, your obedient servant, JOHN iMcKKON, United States District Attorney. Hon. Caleb CcsniNG, Attorney-General, &c. '..if-. L ^YINO I attorney. \mj 14, l.H.")(;. U!iiti»>n to tlie •d ill thf! New UtioM, ill violii ,o iniuest tliiit ■ tlio statciiiiMit . CUSUlNd. ley-Ocncml nary 10, isno. le lltli instiint. to tlie niiiiornl ;atc, in vit)latiim relation to this vill iiiimetliiitfly Attorney, dr. icy-General lOKK, k Office, \uiesoiitt'l)ject 1 have in view ? I am, sir, vory ros[)cctfully, your obedient servant, JOHN Me IvKON. lion. Caleh OusiriN*}, AttorneyUeneral. Mr. Cushiny, Attorney-General, to Mr. MvKeon, iJintrict attorney. ATT0RNEV-(IENERA|/.S OFI'ICE, ./a unary 1!>, 1S,">(5. Sir: I have the honor to acknowlodj^e tho receipt of yonr commnni- ciitioii of the l(5th instant, in relation to the retention of tim rovoiiiio- ciitter Washin};ton at tho port of New York, and havo salnnitted the siine to the Secretary of tho Treasury. 1 am informed by him that he lias countermanded the orders reqnirin;? tho Washinjjton to leave New York on a cniiiso, and directed her to remain there. 1 am, very respectfully, C. CUSIIING. John McKeon, Ignited /States District Attorney. Mr. Ord, district attorney, to Mr. Cashing, Attorney-General. Office of the Attorney of the United States FOR the Southern District of California, Los Anyeles, February 1(5, 185G. [•'>13] Sir : I have had the honor to receive your letter of the *l(Hh of December last, calling my special attention, by direction of tho President, to the subject of the preparations being made in various ports of the United States to recruit men for the invasion of the state of Nic- ;>iii{jua, or otherwise taking part in military operations there, and deair- ii'Siiie to take measures to detect and defeat all such enterprises, and to bring the parties gnilty to punishment, and to give seasonable notice it ill any case occasion should arise for the exercise of tho direct au- thoriry of the President. G34 TKKATY OF \VASIIIN(JT()N I'Al'KRS AfCOMI'ANYINO IhIuiII use ill) (liic! (liligciicu tu ciirry out the iiistriu^tioiis (»f the Presi- dent ill tlie prciiii.seM. Your oliedieiit .servant, r. OKU, JJiHtiict Attontry. Hon. Cai.kh ('i'siriN(t, Attonuydrni'ial United Stati'H. '?t 4: 1 '-I h f W * ' ' i1/r. Otulfilistrirt attorney, to .Ifr. Cushinff, AttorncyOentral. ()Fri(!K(»r Tin: Attoiim:v of tiik Umtkd Statks I'OII TlIK SOITIIEUN DiSTUK T OK ( 'ALIFOUMA, Ldh Ani/elcs, Feltrniiry 1(J, l.S.")i;. Siu: 1 liiive liiul the honor to reeeiv(? your U'tter ol" the 14th of Dc e«'iiiher, is.V), on the subject of ilh'y:iil military enterprises a;;aiiist tlii' Htate of Nieara;;:iia ori<'iiialiii^ in Caiirornia. I shall use rvi'iy elVoit to carry out the dire(!tions and wishes ot' [514J tile I'resich'iit in r«'<;aid to these illej^al *enter|uiscs. I'p to the present time I am very eonlident that n<» v«'sscls liiivc been fittiMl t»r men or;>°aiii/.cd within the southern judicial distriel nl Caliloinia, nor have any ol' its citizens einiiarked in .such ille;4al en terprises. I am, very respeett'ullv, your obedient .servanf, r. oiti), J)intrU't Attormy. Hon. Talkh ri'siiiN,'i:ral'.s ( )ffi- [515] Sir : I have received your letter of the l.st ultimo, recpie.stins *" brief report of the several jjrosecutions which have been i" stituted in the northern district of California for violation of the act ol 1818. In reply, I have the honor to state that the first pro.secution wa.s i" stituted ill 1853, against one Henry P. Watkius, who organized a force COUNTER CASE OF THE UNITED STATES. 035 ill Sun I'liUHisco for tln^ aitl of Wulkor in liis attiMn|>t<>r Calitorniii. This proHctHition rcsnlted in tlio conviction of WiitliinH. Snl)8c«|ucntly, Frederick Kininons, who was a confi'dcratcof Watkins iti the expedition hefon^ referred to, |dead ^nilty to an indictment fouiHh'd upon the sanu^ section of the said hiw. Afterwards, in the year IH,'»l, the consuls of M«'xi(M) and France wen? iiidicted for violation of the section of tlie act of ISIS prohibiting; the eidistinents of men within the territory of the United States for service in a foreign (ionntry, the llrst of wlM)m was convicte»l. Ill the case of the consul of France th(Me was a mistrial, the jury standin<>°, u|>on their dischar;,^', one-thinl for conviction and two thirds tor acipiittal. 1 have the honor to be, sir, very respecitluUv, your obedient servant, S. W.I Nil K. lion. Caleb ('itshinct, AttormylJlcHeral of ilw United Sttttrs. land wislicsnl [51fi] *.l//-. McCoy, (lisfrirt attormy, to Mr. Citshing, Attorney (leiterol. OrFifE Unitki) States Attoknev, Eastern J)istki(;t oe Loii.siana, Aitril J>, 1S50. Siu : This nioriiiu}; I have j;iven |)ereinptory instructions to the niar- sliiil of this district to search the Charles IMorjian, a steamship adver- tised to leave this port to-morrow inorniiij;- for Nicaraj^iia, ami ii'piut to this onice by Ti o'ch)ck p. m., and at 8 o'clock a. m. to-morrow, the 10th, tlie result of his investijjation. Tlie object of these instructions, so i)eremptory, is to <'arry out your iiistru('ti()nsof ihito Sth of I)e(!einber, IS")."), and to maintain tiie iiitej^rity I't tlie act of Con{»ress of 1818 amfour treaty stipulations with Clreat liritiiin. Tile report, should it be made, will be immediately forwarded to jour Deiiartment. 1 am yours, truly, T. S. IVIcCOY. Hon. Caleb CrsiiiNU, AltorncyGcneral United States, Washinyton,!). C. [•517] *Mr. McCoy, district attorney, to Mr, Cashing, Attorney-General. United States Attorney's Office, Eastern District of Louisiana, Jj»*7 lo, 18."j6. Siu: In obetlience to my instriictitms to the marshal of this district, <>f yesterilay's date, of wliich 1 informed you, the steamshi|> Charles Moi'Kaii, bound for San Jmin, was searched last ev»>ninfj and this inorn- iiji;,' within one hour of departure. The marshal has just reported no violation of law discovered. I am, sir, very truly yours, T. S. McCOY, United States Attorney. Hon. Caleb Gushing, Attorney- General of the United States. G^n rii'KATY OF WAf'HKNrJTON I'Al'ERS ACCOMPANYING Charge of >JHihje ]VUs oceupi<'s the position of a neutral power. The rijihts of neutrality lain.' villi tlieiii e(uresi)ondin<;- duties ; anionj;' these duties is that of iiiiiM: tiality Ix .ween the etuiteiulin^ parties. IJy the law of nations tii.- neiit i.ii is the coiiuioii friend of hiMli parties: consequently is iiot ;il liberty to favor one to the dediinent of the other; and this iiiipartialif. jtcrinils the neutral nation to ji^ive no assistance, (wlu'ii there is no pi.- vious stipulation to ;^ive it.) iko* \oluntarily to furnish troops, or iriii-. Ol' anythiiiji of a direct use in war. Xo uatiiui. «'illier ancient or iiini. eni. ha.s adhered more steadfastly to these rules ^[((veinin;;" neutrals tliaii that of (ireat llrifain. [.■»11>] *At the cathetic feeliii;;' then exislin;^ between theeiii/ens of this coimtn and l''rance, became aiarined, and protested with ar';uments of jriv.i force to the claims made on this counti'y l»y tlu' I'^i-neh minister. M. (le'iei, in behalf of Lis yovernm -nt. And lhos(^ (tf ymi, y-eiitleiinii. Avlio letain fresh in y«;ur minds die history of those limes, ctr who ai> at ill familiar with tlie American state papeis,will not fail to reiiicnU'r Avith what ability ami .\;sdom Mr. .lellVrMon, then Secretary of St.>!> under President \Vashin;\ton, delined the neutral policy of the I'liitt'! States. This [»oliey was in acM-ordaiiet' with the then I'Xpn'ssed \ie«" of the Ibitish ;;()vern!aent, and resulle, in IH'i. passed an act emluaein^j,' this |»oliey, wliieii act waa revised ami e enacted in ISlS, and this is the statute to which 1 have specially ciilf! your attention, 'i'liis law haxiiij^ (uiiLfinally passed niider the aiispin- of Washinj^ton, ;hus reco-;ni/ed at an early ilale in this count:- [o2t)J not only the obli;;attoiis of neutrality, *but the duty .»f the (n'' ernment t() enforce them. The Enj^lish jjjovernment (jertainly cannot plead if^iioranee of tli • policy or com phitu of American lej^nslation upon this subject, tor, m'' USYING it'tt ctturt for thf ^ t(t wliu-li I have liavt' (K'fiisinii ;.( at thr iirutralliy coinitliiinls fouif \r osjUM-ial »*\:»iii- it is known as tin- aiii ttriu"'^ a;iain-' Kit wiU coMstituti 11 the last lourtffii consuls, ami "li*^ i 1)11 of pusitivr i.l«. \i our ("lovi'iinmsi: in tilt' I'itU'"* ••" ""■ . tlu' l-V»lfval«-<>m;« ;it tlu'ir eyt's u|mi. , tlio Unitt-a Stat.- oi" nt'Utrality l»iii:- ■s is that of imiu; law of nations th. -iMpitMitl.v i'^ t«"f;'' ml lliis iuii»;««''i«'''-- i„.n tln'iv is no pi.- sh tio(»i»s. or .«nii-. vv ancit'nt or mou •riling" neutrals than Ui Franc* an»l Kn: uici' t<» violate tli' lippinj; vessels at'\l»resse.l vie«H iMinalilied genial " , l.'(.n-ress. Ml I <•'*• j,,^ reviM-.l an.l «- ave spei-ially eaiini un. pas>ica what is eallea-'tlie enlistment iMi." which is sirl»stantiallv a eopv of the aet of the American Congress of ISIH. It ever the"o is anythin;^" w Inch will jnsfify a sensitive and uneasy LH-lin;: in ihc pettple of the I'niti-a States, it is when tlieii- laws are put ;it (Ictianee ana tram]>lea unaer foot l)y the sanction of a foreign jiov- .riHiient. Neither will they I'eco^^iii/e oi- aamil of an> palliation for siiis course of comlm-t on the part of the otfcnainy; ;;o\('iiiment or its litizcns, on the ;ironnf state'uient touching me pi-rsonally or my ollicial action ■IS .Vttoriiey (leneral. 1. Ilia letter to > he I'arl of (Maremloii, (d" the HUh of X(>vember, 1S,~)."», inttjiiimenting on .Mr. .Marey's letter to Mr, liuchanan, of the I.lth of hily, 1S,V», Mr, Crampton assnmes that the Ibitish coiisids. implicated ii illegal 4'nlistments in the I'nited States, wer«* prevented, l»y the tenor •fiiiy nisfriu'tions to the district attorney of I'liiladelphia, Irom testify- !!i;: tit their alh'ged innocencre. (Papers m/ /<»f/>*v», p. IL'S.) That stato- •'iH'Ht is not true. The district attorney was instiuctea to oliject to any attempt of the I'ritisli «-oiisnl to «lo what !". luol uiHlei taken on a previous o<-<'asion to '!'>, that is, to i'lterfere in tlu' tiials by ollieious letters, written for tln^ |tur|M»s<'; hut, insteaa «)f being f(Ml)iaaen, it was expiessly snggestea that he shonhl appear as a witness. 'I'i'l] 'li is obvious that it cannot l»e atbuitt^-a that a person, who deems himself incidpati'd by Jinlicial proceedings, be allowed to i'it«'r|M>se in the trial by mere letters of denial or e.r juirte exp!anatiritish eonsul at lMiiladeli>hia might have v(»Iunteered as a nit- ,? J GDS J'KKATY OF WASIIIXGTON PAI'IUiS ACC'OMl'ANYINO --•3^ I' I ' i . S ■:.■! m ', iH'ss ill the case of Hertz, if lie liad .sey tliis (loverument of the relation of Mr. ( 'i-ampton and of llrilish cousids to the ille;;'al acts in ((uestion. It is true, however, that aiin)Uj;' the ohjecls expected from and accoinplisluMl by the trial, was tlu' Icyal asccitaiiimeut of l.icis alike important t(» the liritish •;'overnment and that of the (iiiteil States. ."5. In these same lett<'rs Mr. rramptoii says that, at the lime of llif trial releried to, (September L'l, 1S,"».").) •• the I'nited States ()o\ crnimMit inust have known tliat all recruitment, leyal or illegal, had been put a stop to several weeks before."' (/'/;/ siifHO, p. I.M.) That is a mistake. This ( loverument knew nothing; on thai poinl. :il that time, except what Lord riaieudon had said in his letter to .Mr. I»in*haiian of -Inly K!, isr»,"», nanu'ly, that the IJritish ;;()\ ernnicni liad sent orders to put an end to "all protreedin^^s for eniistmeul." Lord < 'lari'udon did not mention when the «)rd«'rs were sent ; nor •Inis the context of his letter show whether the orders spoken of a i (plied to the I'nited States «nily, or also to I'.ritish .\iuerica. At what time [."(lil) t!n(se orders took elfect, •to whom .sent, and their exact .scope. did not then appear of public notoriety, and was lU'Ncr comniiini cateil to this ( iovennnent. This (io\eri!:!ient well knew that recruitments took place in Anniist: it did not know thai they had ceased in August. So soon as it liixl satisfactory informatitxi of their cessatiivcii tci desist from all further judicial procee(lin;;s, cxeep) ai^ainst olhcial a;;ciit< ol' the I'.ritish ^overnnu-nt. (Lett<'r oi' the Attorm'y-tJeneral to .Mi iVlcK«'on, of ()etol»er JO, |S."i.">. iihi siijuk, p. \'2\\.) I, In the same letter Mr. ("ranipttui says that the United States (iov erniui'nt must have kmnvn that (he pro(reedin;^s of Hertz were, fioiii the mouMMit he attempted to e'lter upon a .system of recruitment, (lis avowetl by Her Majest\",s «»l1ieers." (I'h! siij/rn, p. l.'{(!.) This is not %o. This (iovernmeiit knew tin- contrary of what is tliiis nlle;;('d. It knew that .Mr. Crainpton had coi responded with Ibrt/. {I'hi siiin-K, p. <»7.) It also kiu'W thai llertz was (»niii dl\ emplovcd ami paid by .Mi'. Howe, as the latter lias siiiee declan'd on oath. (I'ln sk/x". p. L'LS.') .'». In his letter to the Karl of Clarendon, «>f M.u'vh .{, l.sr»i;, Mr. [~>'2't\ Crampton assumes that he *and the inculpated r^f, p. 178.) r have alrendy commented upon and corrected the error of fact in volved in these assumpti«>ns, in so far as rejrards the consul. As to Mr. Cramiiton, he also coidd have oU'ereil his testimony it' li' YlNCf liivvc (lone so. \\\\*<; inutcriiil, io'lit iiitt'itiTi' in tln' riiiU'd of NovcinUcr and otlit'is. ill ll«) \V»'l't' ostcll (• and ('((iisiiliir ^ ., , iici'd 111 Miinii. viimcnl ol tlif \\Wii:\\ iifl-^ ill (.xpt'i'ti'd li'iiii lUlU'llt of I.H'ts of ilic I'liitfl \hv tiuM' of tlif trs (lovfriuiii'iit had l)t'«'n I'l'* -' 1)11 tlmt poiiil. :»' lis li'tti-r l« Ml. m;ov('1Iiiii<'>'» liii'l MU'llt." i(. s»Mil : nor "i""'^ of appli'dlntlir At Nvliid til"'' m>\t'r fouiiiiiiiii ,!;„•(> in AiiuuM; ;o soon as it liiid i,s wciv ;iiv«'i> tt< „st olViciid niit'ii'" ,.i;i'in'val to Ml iiit.-d States (iov (l It'll/- wt'iv, Iviiii ^■,>(•^^ifnH''d^ ui'' |v of wind is lliii^ ,.di'd witli H.ii.'. jllv employed iiii'l loalli. (/•/>' ^"i"-"' lairli ;5, l'^''«'- ^l'' , ronsids wiMv 111'' In.' »Mi tlH' fuitlM'i' in th.'ii'"^^'"'' error of fact i" I'onsjd. , , testimonv d »> COrXTKR CASK OK THE INITi:!) STATES, 639 had ])Ioa.s»Ml. If lu- sujrjft'st tliat ('onsidcrations of di|>Ioiiiati<* lioidt> alreaily remarked on this ]ioiiit. I add. that on the trial td' \\ii]Liiier in New York, pains were taken to ohtaiii the evidence ol the lutive ollieial ayent of enlisting; theic, ( 'oiisn! l!arcla\'s dipnty. Mr. Stanley. Imt witiiout snccos. ". In the same letter Mr. <"rampt«i!i reproaches the '• law oOicers «d' .1 tuit»-d Stales" lor lesortin;; to the aid t»f "spies and informers" lor ilh j'loof of facts. ( It siiitni, p. IT'.t.) Those are desiiiiiations of mere jirejiidice applied l»y Mr. Crampton to his own paid agents ami accomplices in tin- \iolation ot tin- laws .V.'7| of the I'nited Staites. 'It is a very stranj^e complaint to make a.iiaiiist the '• lawsion. If sneh evidence wcie t-\clnd«-d. It would lie impossil>le to admiiii-'lci penal law. Its t-iiiploymeiit lielon;;s to the ordinary ctairsc of law in (ireat iWilaiii, :is well as in the I'nited Stat«'S. The complaint is the more jiionndless in this case, since the oiVeiisi* wimh the parties had committed, and in the commissiun ot' whi«-h they ntnl under orders and with pay, procei.'din;.>' in the tirst instance from till' Ihilish ininisteis. wa-^ n<>t of a nature to allci-t the cre4lil»ilii \ of the I'iirties as witnesses. Notwithstandiii;;' tln-ir pailicipation in illegal nrniitinj;, they vvero eompetent and <-i-edil>le witnesses, morally, and iilso hy the ri;;inons rides of law. I omit all remarks till the captious (-omim-ntary which Mr. CramptoM iiiak I's in the same letter iespectinnchanan of the listh ot l><(-eiiilH*r, l"tli«' elVei-t that whiH'Ver entices away tin' snhjecis of another state fur ,i»ilitiiry pin poses, and without its consent, violates its soverei;:x rij,'hts; iiiil he h>undM the eriti«-'sm iiptm the assumed authority of the oii^iiial I ■I- ■rm I 040 TREATY OF WASIIINCSTON I'AI'KRS ACCOMPAXYINO •rr text of two uiit<>rs on tlu* law of nations, who an^ (.'iti'tl l>y Mr. .Miucy, nanu'ly, Cliiistian <1«' WoKf and Valtt'l. As tlir sanu' antliois, anil to tlu' sanif rifcrt, ha\'(' in anotln'i- docii. nicnt l»«'rn cited l>,v me, it nia\ not he iin|HJ lawful toenter that *territory and enti«'e them into tbreijuM militniv HervicM', without tlie consent of the state, i>rovided it be done In l)pcuniary or other indncenu'nts. Tli« niisi;t>nci;ptioa of ^^r. (3iM!n;)ti»!i in this respivrt be,i! )ni 's inaiiiCest by reterenco to the text of WollT, which is ci)i)ied and abiid;;e(l, and thus icndered obscure, by Vattel. It is perfectly clear that WcjJtl' intends by the wor«l "/>/«/// »n/( " to cover all the possible nu'ans of obtaining' rec.iuits in :i foreign coaiitiT without consent, and t'specially enticement, lu'cause, in the passaj^e in which he delMies '•'■ olai/ium"' and ;;ives illustrative examples, he expressly includes acts of mer«^ |)ersuasion or enticcMnent, and also includes ntci oiKM' to such enticement in contravention of tlu' authority of the state. Mr. Cramptoi' t-rror in this respect wouhl hav»^ been avoided it lie had read and quoted the ivholc of the mateiial passaj^e in Woltl". — {■liu (h')itiiiiii, .sections 7S,~», 7."»(>.) Jbit the most important erroi' of fact which Mr. (Brampton connnils in this correspondence, relates to the ordei- of the IJritish {jfovernmciit for the cessation of recruitin;;' in the Unitetl Stat<>s. [530] *ln a lett«'r to Lord (Marcntlou of Mandi -J, 1S.">(», lie says: A iii'w <'li;ir|r(' is now ltii>ii;;Iit nji aj;;iiiisl iis, wliicli is mtt allmli'il to in Mr. M.iiiv'^ dispiUcli of ItcccniltiM' •J"', to tln' filVct tliat, lliou<;li we jironiiscd to stop tin- inriiil- nieiit liv vonr nolt- of .I'lly l(i, we still i-ontinui'd it. I vm\ tmr Imnd that it i'*"". an far as yon are concerned, >,'f. Ciisliin^t openly asserts thai In' know-, and can prove, that w<'--miii and I- "ml on with the led niliiicnt lonj; al'lei liOi'' Clarendon s.iid we had lieen ■ lered to sIiijm!, ' Now, how iire the facts.' Lord Claiv-ndon aniionnced this to Mi. Miu'lianati in i note dated the IDili of .Inly, a > op\ ot which I received soinewli'ie altont the '.'il "> Aiij;iiHt. 1 iinnii'diatily teleenipheil to I.ienteiiant I'lvstoii to hr.ak up his Mtatioii " Nia;;ar!i, .and not receive another iiiitii. 1 know he obeyed. People who «<" [oltl] ready ti' slmt *fioin New Vork wen- stopped. I id.so Kisi no time in coiinimiii I'atiiiji; with \oii, in casi yon shonl-l not liave heard fitnu hoi>Mv Ah there were no oilier places w hen- '^••criiit"' could I'e ix-eeived ktit Ni.'inarii awl Halifax, all we want, is the dates at w!i: t the last man was receiv««d fr«»iii llie I'liiti'l StiitcH.— ( II miiini, p. 'S.\'i.) Jlerc) is extpiisite confusion f»f riiou<;lit and of st;'r<'«i»"it. It is immaterial to iinpiire whet her i ever assfitisl aiiythinj; of tlie luiture imputed, ('ertain d is that I can pioAV it, by the testimony ei two competent witnessi's. \ir. <'niiuptoii and ?sr Gfispiunl Le Maiclmi't' The .statement imputed to lue is, that the rrcruitment went on *• l*»"^ COUNTEK CASK (»F Till: I NITKI> STATKS. (141 aiiotlicr (locii- tt)sii.v tliiit till- ' assuiiM's tliai u tlu' vt'ccivcd i(l«M iiitt'ii(lt(l II th«' (MtlltCXt. is, tliat tlioiii;li •[•itory of ii tin t«, yt't thill it is roiviy,'! luilitan I it •»(' tloiio liy ; >irt 'S lu.iuitVst „ haii.l tl>i»t It i"-"' ..-vnu iiiid l-«'"' ...l.-Vcil to stop il. Ml , Mnchiiniiii i" ■' :,v iil.ont til.' •i«l"i k ii|> Ills **tati"» " ,', t.'uo in f.u(!lianaii of the I(»th of .luly. I mippose ho illtules to thiit in the phrase quoted, *' liOrdC'Iareiidon said ire hsid been milcri'd." Hut Ltird Clareiidou does not say that, lie says, '• Instrue- lioiis to that ellect were sent out," but does not say when they were ^('llt. nor that tlu'y were sent to Mr. <'ranipton aiul Sir (Jasparut lii'iv, a},'ain, it is not said that ord'is on tiie subject were sent to Mr. I'ntuipton. 1 previously knew, however, from other sourc;'s of iufoi'iuatioii, tlmt oiiliMs had issued to snmrhodii under date of .luue L'li. l.S."»r»; and if 1 ivcrsaid anythinj;' on that subject of the nature imputed by Mr. Cramp •m, it must have been that the recruituuMit <'ontinued louf;' after it ouyiit :m have ceascil in prompt or due execution of tin' oiders described by i.iiil Clarendon. And tlie fact is so. Orders to stop recruiting' in the Cniictl Stales, dated in London, the L'L'd of dune, should have rea<'hed Halifax the .Itli of .lidy, and VIIJ \Vasliin;;*ton the Sth of duly, by the Canard mail-steamci'. the America. — (National lnlelli;^encer, duly (I, I.sr».">.) Now let us see how, when, and by whom the recruiting' was actually -Mppcd in the United Stajes, Canada, and Nova Scolia. Mi: Crampt(m expressly says in the letter before me, th;ii he. not Sir i.iiiiiaiid Head, j;ave oidcrs to stop the leception ol recniils in (';inaila, IV tt'lc;,n'aph, dated •'somewhere about," tiiat is, »n.' until nj't, >• titr '2(1 ■'' Aiijiust : he implii's, but does not distinctly say. thai at the same iiiic lie sent «)rders to the sanu' elfect to New VorU. and that he com- iiiuiiicated with Sir (Iaspard Le Marchaiil. Thus, up(»n his own declaration, the recruit in;;' was in fact <'ontinued 'V Mr. Crampton servnti inrh:s after it oiiu'ht to iia\c ceased, accordin;*' ilhi' intention of Lord Clarendon. Tiu* nnittcr stands yet worse on the derlaration of Sir (iaspard Le •laicliant. as it appears in a letter of his dated lanuary l'.». is:**;, writ- '•'11 in reply to .Mr. ( 'ramplon's letter of t he l.'ith. ! le says : My iiistni('ti4»ns on tlic siili.ji'ci, tin- inil\ iii-.liiicli(iii> tliiil I riMcivcd I'litiii any sonici', ^V(■^^• fonvcvcil in two iii>ti-.H dati'il ri'.spi'ciivi'Iy tlii! ")tli ami tin- Klili ot 'II Aiiiiust last. Itiilli of wliitli iraclii'd 'iiii' alioiit the same tiiiir, tlii> lirst !i\ tlio lanil-ioiiti', tlii' M'coiid tiy tlif Ciuiant inail-'^t 'ann'r. — < I't nii/irn. [lvJ.?!' lie alt ill' not erward states, in the same letter, that llie linn whfi I lie I'eccrxea Th es was the ITtli of Au;.;ust. esc two m)tes. i'l is implied i)v oihi-r parls of Sir ( iasiund s letter, '•'I'l' IVom Mr. Crampton ; an. I they weie tiie only insi ructions, Sir Cas- '"'il says, wliuth he received from any soun ; . That is to say, the whole I'lMiii'ss, l)()th in Canada :iml in Nova Scolia, as wfll as the Cnited ^'iti's, was under the superintendence of Mr. Crampton alone; ami tliei Hsou t!u' subject from the liritish ji'overnmeni went t(» him, not to II A 'M'^>;.Ji I'TI \r(l oil I he trials was of tlM'.'>tli of Aiijunst. — ( Mr. McKcm'- h'ttcv to Mr. ('u>liii!;i. Ks. Doc. Senate. "I Itii ConjiTi'ss, lirst sess.. NH. ;;:, p. ST.; Tims far \\v jaoceed on (he asNiinijition that not only Sii' (laspaid I.i Maicliaiit. lait Mr. Craniplon, ne\'er received aiiv ilirect eoimnmiieatidi, of t lie order ol' .lime I'L' : that the only kn()wled«ie Sir (laspiiri; |.').'>.'>] had of it was thron.^h Mr. ^('ranipton; and that the only kiinwj ed;;e .Mr. <'ranipton ever had of it was Uy the incidental icferciici to it in Lord Clarendon's letter to Mr. I'>iichanaii of the Kith of .liil\,:i <'opy of which was reeei\(d i»y Mr. ( 'lanipton. at Washiii'^ton. on tin I'd of Aii^^iist. Is that pos.siltli' .' Can it lie that the lorei<;ii olliee of the I'liitii! Kin;;(loin thus <'ariies on its hnsiness .' 'I'hat .Mr. Ciainiiton was Icl^ by Lord Clareiiilon to discoNt-r the existence of snch an order thr(iii;;li the indirect channel of his own letter to Mr. lliichanan .' It is no! |mi- silth' ami is not the lact. On the -'2i\ of .Inne. 1S")."». I.nrd Claremloii adtlre.ssed to .Mr. CraaiiitiH the follow inu letter : ' r.Mliirl.' I"n It I.. .A IIIK ]• 1 riililliiailicMtiW lo llir \\;ir ll('|i;il ll'U'lll Ml. l.llllllrv's (!is|)at''ll <>t'tll<> 'ilst llllillK iinl«»iii;; copies (if liis (■()iri's|i(iii(|('ni'- witli tier .Miijrslv's ('(nis;!] ;it .MdliiJc, willi iv fi;\\f\ 111 nil (illcr itKuli- liv :i I'oii'. rt'sidfiil ih lliat rity. In riilist scvt'i-iii (if Ijis riiiiiitr iiu'ii liir llcr .Mil jest v's l'or('i;;ii lc<;ilii's all I'imiIm |ir] ('orir.H|i4iniliii^ iistiiictioii> to ilic Li\frii!.'r of Nova Scotia. \\ill In- dispan-iied liy tlii.. evi'iiiiiyV niiiil- (I'llprrs. ((/ "iiinti, .No. 'J;j. ]i. Hi. i Now comes the (piestion. why were not tlu'se the 1° III of Claiemhui. What In r line of the oii!er> disjiahiied by the same mail to Sir (i;b pard Le M.irchanl .' Ol that, no cNplaiiation appears, lint the siiltjcc has another bearing', of deepest importance to the <;ood luiderstaiidiii: ol tlu' rnile and o| .H in Canaila ami ^'ova St-otia. — {('I shjiik xr, pp. He leturiied to Washington t»n the '..'d ol .liii" viid there he r« niaiiied iit ; .stop to recruit iny at once on thestli of .Inly, instead ol waitiii;^ nii" sfiU't it \''illi" t'vs \v;is ilii' ..til . latest iicl Hi -(Mr. Mi-Ki'nn"^ j^st si'ss.. Nti.:;:! Sir (liisi>;uil 1.1- coinnuuiiciitidi, „,. Sir C.Msimi'l 'the »>Hly llusi.lllV.vtl.r: IS cxt't •iH'il Si- Htt'(\ 1>> -^*' ("liispan .V tor tlw ./"■■"* f aiul iroiu Mr. rramr r L(»nl t'lai That lottrr. :>s 111' •';;(». tin' AiMtruM. coins* lie nioii M.r. ("ramv th attcr tl MKillv »•» IS( IC lllill \\\\\\ 1 to Sir t '<■■»■> iixl muU'i'^t »>>(lii''- IS.V). to atK'i"' S»»>l»a.— i —{I'l ^"\"'' V\\ t\u< .^l ,,\ .litrn' (•(irN'IT.Iv' CASK <>!' Till: IM'n'.li -TATI'S. (14: the .'(111 <»r Ail;;nsf .' lie wns i'oictd to ;ict (»ii tin- r»tli of Aii;;;ist. lie .aiisc till' orders of rliiiir L'l! liad I licii ciiiiir tu tlic Ie inlerr-'d iVoni tiie l:iets ;iiid cirt'iini^liiMces t-xitn-cd liy the Seeret;iry of State. Tlie iiiiporlimt eonsider.ilion iieic is. lliat tiie (Miidiiet ol' Mi'. ( 'lanijt- iitii in re.'j^ard to tlial letter ol' Lord < 'larciuioii's is tiie itroxiiiiate (•aiis(> ol' all tlie serious cmitiox crsN Itel ween i he two ^;o\ci'Miiieiits on the -ijibieet of enlistineiit. .Mr. Marcy's second letter on t!ie siihjeei is dated .!iily 1 '•. is.").',, lie had called the attention ot' "\Ir. Unclianan to the siiltject liy si itie\ ions letter of the Utii of .Inne. Von. sii-. fell eonstrainepl> tnsi- ncss in tiie interxal, and (•specially in tiie month of .Inl.v. Il' Mr. ('raiiipton had obeyed the orders which he received on the sih ».f duly, liy puttin;; an instant stop to reeriiirmcnts in the 1 iiited States.it is ]ii(ilr,d)le that either no occasion W(tidd ha\caiiscii I'orihe dispat<'li ol Ml'. Marcy's letti'i' of ih('l."tth of.Iidv, (U' at any rate it would have lit'cii dilVerent in tcnoi'. And in the se(|iK'l. when l-ord Clarendon's let itrof the Kith of duly arrived, the j'xplanations contained In that hd w\; coupled w ilh the tact of the actual cessation of tlie I'ccnii'inu early in •Inly, mi";lit ha\i' sidhced, in your opinion, to |ustii'\ this (iovcrnmeiit ill not pnrsnin.u,' the matter any further, and so have ended the ,|iie--tion as between tiie two ,t;-ov<'rnmcnts. On the recent occasion of Mr. <'!ampton"s omission to oltes Lord Clarendon's iiistnictions to conimmdcate his letter of the l(UlM)f No vcmber to ."Sir. Marcy, his act of noncompliance with inslrnctions in .\uh.-('"' •^■"'' Ml. US .j^^uvcrnim of .hine, ami d id' waitiit;: lit.;', nil' tliiit r cspcct, ncjiliyencc. misjiidiiincnt, or w iiatexci else it nniy have liirn, was .somewhat sin;j;nlar, especially in view of Ids own condition at tliat tim<^ as a ininist«s' nnder I'cipiesl of ri'call Itecanse of his i>einj; iiiiacccptal)le to the I'lutetl States. It was prejndicia! to hotli countries. lii'cause it .served to i)lace this (lOVCM-nmcnt in a fal.se position with resjiect to the snitject -matt croft he dispatch, the <| nest ion -if ( "cut raJ Vl'.l) *Anu'rica.and thus tocanse Lord I'almerston an 1 Lord("lari'n'' ■ I '1' III s recat Mi.C I'.Hii li'i-civinii Lord ClareiMhin's leltcrof.inm' L'L!, on the ihoi didv. pt'ii* ampton had ,u'one immediately to .Mr. Marcy, and shown him that I. with proper assurances that orders had actnallx i)een uiven to ^ii»|iall recruit in. iz", \\t)nld not the communication have produced in the "ikI of th<^ hdt«'r suidi conviction of the loyalty of Loril Clarendon in 111' niaitei-, as to have indnced him ind only to ad\i>t' that what there litcn ol iiicon\-eiiience in the action of the iJritish ,:,.,\ernment should ["'iivcrlixdvcd, hut also to stilie his j-'rowinj;' suspicions «)f .Mr. Cramidon .' l'<'annot Init think so. In vliich e\eiit the indications, which were ia'j;ijinin,';' to appear, of * .Mr. Crampton's prominent ; i (iU rWKATV or \VASIIIN(iT<>N I'M'KUS ACCnMI'AN VINc iilt ,1. .*'••!* piirticipation iti tlu; ciihstiiMMits would not liiivc, hccii (ollownl ii|i ill 'inly: the proof's of his (■oin[ilicit,v would not liavo comki iu todi'inaiid coiisidrration iu AuH;nst; tlitMC would have (rased to be oeeasion for the demands made in Mr. Mare.v's letter i»f. I uly ]r*, and iu that of Septenilicr ."» ; tlu' Judieial proceediii;;s of September aneen of injtiit inj; or «'nd>arrassiny; ill the s at Philadelphia. lie assumes, anil then i)roceeds to draw inferences fiom the assiiiii|i. lion, that my instructions of the iL'th and 17th of Septeml»er to the (li< trict attorney of ICastein I'eiinsylvania. were published ••a few (i;i;,> before the trial of llert/, at Philadelphia, took idace." — ( (.'f \>iiin(, \>. 1(57.) That is ;in error. Tlie letters \\ ere not puiilished initil allei- tin- trial. — ^^Papiis, nt .snju'd. p. KMJ.) Of coursi^ all the lelleetions. fouiideil on the opposite supposition, fall to the f thus (ixinj;' the truth of history, that neitlier the «lis|tateli ni the instructions ill iiuesfiuii nor any other important step in tlie Imsi ness was taken without express authority of the Semctary of Stale iiml Hie President. In a W(U'd, thu-e instructions were an act in the due course of iL'j *they should have lieeii niadi' the subject of remark by a liireiu!: ;i<)vernmeiit. Hut any ilisposilioii wliitdi mi^ht t.therwise be entertained by iiie In coniiiient at more leii^-lh on the letter of the I-'arl of Clareadoii. \- remo\-ed by perusal of the letl«'rs of Mr. Cranii>ton in this colleetidii m do«'iiiiieiits, and in the ''correspondeiu'e with the Inited States rcsjier; in;; Central America," likt^wise recently ju'esented to Pai'liameiit. M.\ •previous \ iews ol' the action of the ICarl of Clarendon, in matters ali'tc; iiijK this eonnlry. hav(^ undergone material inodilicatit)n by tin- kiio"! eil;;e now ac«piired of the cnriosti /'rlirltd.s of the Ilritish minister in lii l)eipetration of mistalces, and the very inexact representations wliiclili' Imbitually madi' re.y,ardin;; the conversations, ojiinioiis, and purjioscsd; individuals in tlu' execiiliv*' ami in the C(Ui;4ress of the Cnited Statrv 'X-' J ha\e ilie honor to lie. veiy resi)ecf lully, The PinuSIDHNT. C. CUSIIINT. corxTKif CASK or Tin: rMTKi) statks. 04*) '.'(l.'ll * ,l/<'.s,svf//<' of thv I'lrsidiiit of tlir Cnltvil Slulvs, loiminntinilimj to ('(nif/rcNK Inf'ormafinn that lir liinl ridNnl to Inthl liifrnniirsr trith ihc citi'oji i'.rtraonliiioni and ntiitlstir i>lniiin)finti/" (irrtif lirittiin miil Irrhanl iinii' this (loi'cnimcnt, iritli tlir consiflmttiinis of jiithlir diiti/ vltich luirr liil to this mciisun', ami the dociniinits trlatituj th-iu'tn. — (iSVr Sinalc d(U')n>uni'<. •'» \tli ('(nn/irss, ]st sesNion, K.c, Ihtc. SO.) /'() tliv Siiiatr and House of I\('in'rsrnta tires : 1 liiivc ('(>ii.sc(l to lioltl iiitcrcmnsc with tlic riivny cxtiiiDidiiuirv ami iiiiiiisfcr |»l»'iii|n>t('iitiary of Mvv Miijt'sty tin* (ihiccii ul'tlic CiiilcMl Kin;;- doin oi' (iirat Itritaiii ati\ iiic propcM" also to lay Ix'f'orc ('oii;;r('ss tin' ('(Uisich'ratioii.s of iinlis|)ciisal»l«' jmltlic duty wlii(*h have led to tli)> adoption of a iiM>asiir(^of so iiiiu-h iii)|)or- lame. They appi'ar in llic doi'iiiiKMits lii'i-cwith liMiisinitti'd to both llousrs. I'llANKMN riKKM'i:. Wasiunuion. Mai/ '2'.), is."ii;. , CL'f^niN*" iH * Mr. Dallas to Mr. Marri/. iloii. \\ M. L. Mai;('\ . t^errefari/ of Shih <;. .M. I>AI,L.\S. Mr. hnHas to Lord ('hirnidon. * LiiiiATio.x <>!• iiir. IMiKi) Staiks.' Mail !. is.'.ii. liii' iiiidi'i'sifiMcd, «'iivoy rxtraonliiiary and iiiiuisti'i- ph'iiipolciitij'.ry oi tlic IJiiiti'd Slatt's^ has the honor to acknowli'd^c the receipt yes '!"'| terday of a note, (lat<'d on *the .'illth of April, IS.Ii;, iVom th(> ICarl of ClJirendon, Her Majesty's priiieiiial secretary of state for for- '^iiiilVairs. This note, pnrpdrtinji; to hen reply to the statements, views. l"inliii^iiiiuMits contained in the! dispatch addressed hy Mr. .Marcy. the p'Ti'tary of vState, to Mr. Diichiinan, the predecessor of tln^ nndersi-jne*!, ■'•fi; <;4)! ii,m;ai\ or \v.\MiiN(.r(>\ — i'ai'i:i{> A(co.MrANvi.\(i «ni I lie L'Siii ol' Dcci'iiilnr, 1S.*,."», ;i (•()))>• nl' wliicli dispiitcli wiis !< Ii witli the I'^iiii 1)1' ('larciiiloiL on liic L'ilili oi' J;iiiii;ir.v, lsr»i», wikI |iiir|M)i|ii|u also to si't loi'tli iitlilitiiMiiil i-r.isoiis, with (lociiiiiciits and iillltlavits mi! lu'rctol'orc coniinunii-alcd to tlir Ainriinin (losrrnincnt, iin|M'ac|iiii<,' the vci'ai'ily ami moral standin*;' *>[' ilic piinripid witnt'sscs, priiscciitjiiM ollicoi's and otluMs, connected witli tlie Judicial inv<>sti;>ation.s had on the ])roce(>din;:^'s within the limits of the I nitcd States to elVcci tlir enlistment ol' soldieis lor the l>i itish ainiN , it will Ite the j-are, as ii is the duty, of the undersif;ned to transmit, in copy, to Mr. .Marcy liv ilic steamer of Saturday, the .'!d instaid. Till' undersi/^ned having received no instructions which aulhori/c his intert\'rence with the correspondenci on the sui>ject of the l']arl nl' Clar- endon's note, withholds any oI)sci'\ ali(m, and he he^^s his hudsliip to accejit ilic renewed assurance ol' his iiiij,>i (listin^iuished considcralidii. (".. M. l>A!d,AS. .".4(} l.iHil ("((iriiuliiH to Mr, l>(iliis. \'\niv.\r,\ Oiiici:, Ajn-'il .'!0, I.s.')(l. 'I'lie nndeisi'^iicd, llcr Majesty's principal secrclary ol' stale lor lui eiji'ii ali'airs, had the honor to recei\t>. on llie li'.Mli (tf .iaiiiiary, lioiii Aji. iliichaiian, envoy c\i raordinary and miiustcr pleiiipolentiary i;!' the I 'nitcd Stales at this c(»nrt, a copy of a dispalch. date(l Ilic L'Stli of tiic l>rc\itms Dccemher. adtlrcsscd to Mr. Ilnclianaii l».\ Mr. Marcy. Srcic tary of State of the I 'nitcd States, contaiiiinn' oliservatioiison a dispatch which the undcrsi;^ned had directed llcr .Alajcsly's minister at Wash iiij^ton to cominnnicate to Mr. .Marcy. .Mr. Marc\'s dispalcii was in coiiti!iuati(m ol' the dis('u«;sion which had liceu some time pciidiiii; hetweeii the two governments tni the suhjici of the conduct, which was alleged by the (loveiiiincni of tin rniletl Stales to have hccii pinsiicd l)> certain of llcr Majesty's olliccrs, in ,:j,i\iii;;' elt'cct to the inlciilioiis ol llcr Majesty's j;overnmcnt to receive into the mililary service of the (^>neen any persons who, comim;- from any tpiartcr into llcr Majesty's dominions, mi^iht then he willing' to cu;;i; ue in that s<'r\ice. The iindcrsijiiu'd has hitherto deferred rcplyin.i; lo Mr. Marcv's dis patch. Hot only hecanse it was more coiisisjciit with the respect wliich Jler Majesty's >;overnnient enlcriain to!' the I 'nitcd .States, tlioioii^lilv to inipiire into the aile;4'at i(ms conlaiiicil in if, hut also because ii (olTi was just and ri;:lit towards llcr Majesty's ^olliccrs whose coiidiict was impnportuiiity (»f e\pliiii;i tioii and (lefense whiidi was then for the first tiim^ all'orded tlieiii. The undersiyiu'd, before he adverts to .Mr. ."Nlarcy's last dispatch. inii.M exjiri'ss his deep re^iret that the (loverumeiit of the, United Statt's should liave deemed it necessary to coiitimie a cimlroversy on a »|ii('s tioii which yiv. liuchanaii cousid<'red at the time would be linally set tied by the note of the undersi<;iied of tin* l(!th of .July. IS,").")— a iiolc which .Mr. Jluehanan said he would transmit with much satisfaction t" his (Joverument. The undersi;.;ned had, indeed, hoped that that iiotr. together with his subseipient communications of the L'Tth of i^'T toinber to .Air. IJiiclianan, and of the Kith of November, thr()ii>;li .Mi. Crampton, to the (lovernmeut of the L'liited States, would have hi'i'ii accepted by a friendly {j,overnm(;ut, such as that of the United Stati's. as a (lisclaiiuer of any inteiilioii to give, oli'cnse. and as a satisfaclion IS let I Willi jmritorlm;: "nliivils iiii; •■.H'liiii;; llic inoscciiliii;: oiis 1r.it\ (Ml , flVrcl llif •art', i>^ it i» iircy l».v tlic luthori/.'' !ii> iCnrl ol' Cliii- i lonlsliip t(i i)nsi(lt'»:>li<'ii. coi .\ri:i{ ( Asi: ni' rm: i \rir.i» siaii.s. lir •;7 :U), is."(i. stiilc l«iv lov iuy. tiom Ml- itiiivy of ll"' ,,. -jstli *•!' ill'' M;ncy. SiTif (Ml ;i tli-^ltii''''! sicr ;it Wiisli (lisimtrh \\;i> tiiiu' iu'iiiliii;i net wliicii \v:i> hri'U Itiirsuctl iutiMilioiis ol I' till- -rvH'i' o iSl.T Ma.H'st: Ir. Minc\"s i«'"- !,>■ liiiiilly si't ;itisfadioi> to ll.at tliat n"t.'. -Till •)!• >''l' 1 Ml. , thvonn' jltl luivf llnitca States. L satistai-tu»" till any oll'iMisc wliicli ttial (ioM-i luniiit nii;^lit liavc Itccn li'tl \t\ fiicnni- stiHH'cs to tlihik had, tli(>n;;'li nniiitcnIiDnally, liccii <^rjv<>ii. I''ttr what has Ihtii the cmirsc of th;- transactions which ha\ c ;:;i\<'n risr III this <*(>i't'cs|>i>nn('c .' (Mithf Ijn'akinyonI ot the hilc war between thr western poworn ,"il7; nnd Ifnssia, the Uiitish ;;)»vein*inent was infoiMneil that inaiiv persons resich'nt within the I'nileil Slates — sonii' natives of the ciiiitinent of I'liirope, and s(nn(> natnral-ltoin sulijeetsof I lei- Majesty — were desiidiis of enteiin;n' inti> the niililaiy service ol" infoiniatioii they liad received on rliis matter to l»e well fonnded. a'nl I)ein,i4' an\i(Mis to increase, as rapidly ,is |ii)ssil»le. their ?nililary force, took steps to avail themselves of this ilisiiosilion. ami "^ave diii'ctions that any persons present in;;" themselves within the llritisli North Ann'rican proxinces, willing;' lo enlist and loinid lit for service, should lie en;ia;^('d for the llritish arni>. Mat II«M' Majesty's ^i'overnnM'nt ;4ave the most posit i\«' orders that in makin;;' ,iiTaii:;(Mnenls for this purpose uotliin:^' should he done to iiifrin^ii*. in my tiiannei' whatsoevei', the neutrality laws of the I'liited States. It was not doiihted that such arran;;i'ments nii;ihl he carried into Acnition without any violation of those laws. I»ecans,' those laws |iii)liil»it enlistments or en^a;;('ments only within the territories of the I'liileil States : they do not lorliid citi/cns of the I'nited States, or resj- !i'!its therein, from leaving' I nose lerritoiies; nor do they forhid such citizens or other persons tVom enuauinn" or enlistin;;' in ndlitary .'il'.i, service elsewhere, -when of Iheii' own free will, and without any previous coat rac! or en,L;a.nemi'nt, t hey may liaxe left tiioseterri- ■'ivii's. Tlie intenlionsttf the l'riti>lt .u'ovevnment, and the arranuenn'uts made M'lury those intentions into execii'ion, wcie not concealed irom the I'nvcrnnienI of the United States. Tlidse intent ions and arran;^ements were frankly staled by Mr. Cram p- ■111 to Mr. Marcy in a con\«'rsation on »lie L'lid of March, isr»."», an< . heinj;- nu)st anxious that nothing;" should liappen to disturb the ^'•0(1 miderstandiii;;' between the two^^overnments, and beiiij^: desirous of "how" •It (MIC nifj uiiequivoeally their respect for the laws of the United States, e, and of their own accord, determitu'd to ^iive up the further prose- J IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ^m m '^' iU III 2.2 12.0 BXO^ O^ ^ ^ 73 WEST MAIN STREET WEBSTER, NY. USSO (716) 873-4503 C/j p.^ Ux 048 I'KKATY OF \VASlIIN(iT()N I'AI'KKS A((< >MI'AN VING (•utioii (if llio Miraii.m'iiuMits in (iiiestioii, and they arcordinj^ly sent out to Canada and Nova Scotia, on the liL'd of .Iiinc, 18.")5, orders to discdu- tiinie all Inrtlicr itrocccdin^^s in the matter of eidistnient Ibr tlie foicini, legion. A fortni^^lit alter these orders liad been sent out, the uiiiU-i j.")] ] siji'iied received from Mr. JJnchaiian ii*note, dated .Inly <», allc^jni; that the neutrality laws of the United .States had, in many in- stances, been violated by jiersons taking steps (either with or witlioiit the approbation of the l>ritish government) for the inir[>ose of enjiiij-jui: oi- enlisting within the United States ivcrnits ibr the JJritish service: and 3Ir. JJnchanan, in the conclusion of his note, stated that "the I'lt'si- dent would be much gratihed to learn that Her Majesty's govermiioiir had not authorized the proceedings com|>lained of, but had condoiinicd the conduct of its ollicials engaged therein, and had visited them with its niarked disi)leasure, as well as taken decisive measures to i»nr a stoj> to conduct contrary to the laws of mitions, the laws of the riiitcd States, and the county which ought e\er to prevail. in the intercouisc between the two friendly powers." The undersigned, in reply to this note, expressed to 3ir. Buchaiiaii. on the Kith of 'July, the regret of JLer ^Majesty's government, if tlie liiw of the United States liad been in any way infringed by [)ersons iU'tiii.u with or without authority from Her ^lajesty's government ; and he stated that any such infringement of the law of the United States would be contrary to the wishes and the positive instructions of the JJritish j^ov ernment. [.")!'] Tln^ undersigned went ou to ex[)lain ids reasons *for ludieviii^ that no jierson authori/e who might come there liom oilier places. Mr. IJuchanan, in rejdy, said, in a note would be satislied with its contents. J'or a considerable time this conclusion a])[)eaied wl'H founded. <*i: the ~>{h of September, however, Mr. Marcy addressed a note to Mi. Crampton, not alleging that fresh subjects (d'cijinpiaint liad ari.sensiiio- the rei'cipt in America of the JJritish orders of the li2d of dune, bur going back to the same transactions to which ^Ir. Jiuehanairs note ei the (ith of duly had adverted, and renewing all his original coiiii>hiiiit>- as if no notice had been taken of his lormer representation, as il nniv C()[\NTEK CASK OF THK INITEI) STATES. (;4!> the iuti'vcoiusc ;fret liiid beiMi expressed, and as if no measures had been adopted to put an instant stoj) to the proceedinjj; out of whieh his eonii>hunts had iii'i<;iiiated. A eouiinunicationso mueh at vaiianee with what Mr. Ilnchanan's note of tlie l- that " the Presideiiv is disi)osed to believe that Her Majesty's f^overnment has in)t countenance(l the illegal proceedings ofitsotlicers and agents since its attention was tirst directed to the siibjeet, ami will consider it alike due to itself and the United States to disavow their acts, and deal with them in such a numner as their :rave otl'Mise merits," but tiiat, "as reciuiting for liie Jlrilish arm\ m the mode alluded to is still prosecuted (as he be]ieveoiis now in it who were eidisted v.ithin I lie United States, or who left the United States, under conlracis made here, to enter and >;er\e ■IS soldiers in the Uritish army." This, then, is the satisfaction which, as late as the b>th of October, Mr. .Marcy declared was that which the (Jovernment of the United states denumded. •Villi *\Vitli respect to tiie lirst part of this demand Her .Majesty's .uovernment deny that any illegal proce^'dings were, so far as they '^iiow, committed by its ollicersor autliorized agents, and therefore they 'liive none to disavow, and uo ollicersor agents to deal with as olfenders. ^)itli regard to the other points specilied by .Mr. Marcy, the under- ''Wied, on the lOth of Xovembei', deeming it resi)e(;tlul to the (lovern- iit^iit of the Unitcil States to do so, entered into a atch of the KJtli of October. In that reply tlie midersigiKKl stated that the most material point, tljat of the alleged ■';i-:i| 1 . 4; ! I fioO I'REATV OF WAsin\(;rO.\ i'AI'HKS ACCO.MI'AN VI N(; f?ii^< lof'rnitin;^', li;i(l Ix'Oii alnsuly f)s('(l ol" I'oi' noarly four moiitiis iM'tuic tlic had been abaiKloiiiMl 1)y onlcis siMit by Jler ^lajosly's ji-ovcrniiuMif (?ii the I'lM orffuiio; and that th(> second ))avt of the satisfaction rcfiujivd it was not in their jxywei- to give, because no ])iM\son iiad, to theif kiiowl edge, been <'nlisted within the United States, or h;ft the irnircd States ninU'r contract nv.uh', therein to enter into service in tlic IJritisli army. And he further added that if it <;onhl be siiown th;it any [5.">7| *inen liad been so enlisted they shoidd innnediately be discliiii',i;('(l and sent back to tlie United States. The un(U>rsii!;iied tliiis showed that the satisfaction claimed b\ the Government of the United States jiad long: since been given, as far as it was, in the nature of tilings, i)i)ssll)I(' to give it; and, in addition to the satisfaction asked for, he exincsscd the regret of Her 3IaJesty"s government if anytliing had been (Idiic hy any jjerson, anthorizecl or iinautliorized, which coald be considered aii infringement of the law of the United States. It might naturally have been supjiosed that the cyrres])ondenc(' would here hav(M'nded. I {egret has lieeii expressed for any infiingeiiient ol the law of the United States, if any had taken |)la('e, notwithstanding: the iiositive and repeated or«lers of 1 1 1'r ^Majesty's government to llic contrary. The satisfaction which tlie (Government of tlie Ignited States. after mature deliberation, had demanded, li;i"l cither l)i'<^u spontaneously and )>y anticipation granted, or had been siiown to be im])racti('al)l(' hi'- cause tliere was no man in tin^ IJritish service whose enlistment, or con- tract to enlist, had, to tlie knowledge of Her .Majesty's govermiiciit. taken place in the manner specitieil liy Mi\ Marcy in liis dispatcli {.■».")SJ of *the l.")th of July, and whose discharge, therefor*', could toiiii part ol' the satisfaction indicateil I)y Mr. .Marcy. Her Majesty's go\-ernmeut, howe\er. expressed their readiness to give that satisfac tion also, if any case should be established to which it could a]ii)ly. Her ^Majesty's government were, however, disappointed in the coiiti dent expectation which they had entertai.ied that this further explann tion would prove satisfactory, for, »ui th" L itliof danuary oi' the present year, ^Iv. Buchanan communicated to the undersigned a dispatcli from ^Ir. Marcy, dated the l*8th of December preceding, recaj>itulatiiig the complaints of the Government of the United States, and making a di- inand in the way of satisfaction different from those which were iiicn- tioned in Mv. Marcy's note of the loth of duly, and which were refenvd to, in his dispatch of the l.'Jth of October, as the satisfaction which tlic Government of the United States believed itself entitled toelaim. This tleniiind (consisted in an applith of October, when no such deniaiul wa made. Uefore the undersigned proceeds to rejdy to Mr. Man-y's note of the 28tli of December, he must notice an erroneous construction whieli M'- Marcy has there put upon a passage in a disi)atch of the 12th of Aprih 185r», from the undersigned to Mr. Crampton, which was eomiminiciit**'' by him to Mr. Mar(!y. The passage is as follows : " I entirely aiipi'iivel iNVlNd rorNiKij (Asr, of thk ixitki' staiks. (ir>i moiitlis hcl'itw 111(1 i)r(HH'(.'(\iiij;> ■jjovcninuMit on 'iietiou vcquiwil , to their knowi ot't the riiitcd i> in the British shown tliiit liny y hi'- «lisflr,ir,i;('(l lUMlthussliowi'd :intedSt;iti'sli;iil thini.\>*, possiUli' or, hi' ('X1>itssim1 iild hlH'U llulH' l),v )!■ COllsillcnMl Mil 'spoiMh'Ucc wimlil y iiitVin.U't'iiu'iit (»! ■ notwitiistaniliii;: )Vl'VllllU'Mt to llu' hi'. V^niti'il Slati'-. ■on si)i)Utiim'ous!.v iuiiU'iU'tii'uhli' 1)1'- >nhstini'nt, or I'liii- sty's '' .^, \vhi(;h were nu'U- hich were ri't'i'rn'il sfiietiou whii'li tlif leil toehiiui. Tlu^ ler Majesty's nun- lMnhulelphia,N>« whether any m'«' Iher aiiv new event tlie'JSthofDoci'm- I heeii cDnoeriioit . ions maile against eeeiuber, rest ui«'" t' the (ioverumi'iit such aetiiaml wi llarry's noti' of the Irui'tion wliii'li -U. the 12th of Al"'l of your iM'oci'iMlin.^s. as reported in your dispatch (Xo. ."i7) ol' tlie li'th iiltiiuo, witli respect to the proposed enlistiiient, in tiie (Queen's service, of ri)rei^!iers and llritisli subjects in the United States." ^fr. 3Iarey iS'smnes, and aruiies upon tlie assumption, that the nieaninji' o«" this passage was that tlie enlistment of thi'- i)ersons nieiitioiied, and wliieji were api»i'oved of by Her Majesty's .uoverhinent, were to take place in the LTnited States; whereasthe seiiti'iiee, aci'ordin,^- to its obvi- oilii' ous nieaniiift', *relates to fon'if;'iiers and l.ritish subjects resident in the I'nited States. Tiie word ••in'" has reference to the place .vlii'ic they resided, and not to thei»lace where they were to be enlisted : and if any (hmbt could arise on (his point, that doulit iiiiist have been riMiioved by the coiicludiii.ii" passajie, which adverts to the neutrality hiw iftlie I'nited States, and says that Her Majesty's <;'overiiiiient would on no iiccount run any risk of infriiijiin.u' that law. Tiiis construction of "Iii^;;assaas merely '-'intended to indicate that if persons had beiMi enlisted under the circiimsta'.ices supposed, such enlist- :;ii'iit would have been at va''iance with iiiitish. as well as with Ameri- lau, law; but the uudersiyiuMl did not mean that respect would not be iiiiiil, ill the discharge of men, to the iirinciples of the law of the United Mates alone, should thai law a[>i)ear to ha\e been violated in a sinj^Ie '•ase. Ill reply to the .u'eneral statements of Mr. ^larcy's dispatch, tlu un- lt'isi;;iu'(l must repeat that Her .Afajesty's jioveniineiit j;ave the most iiositive orders that no man should lie enlisted or en,i;aj;ed within the ■■nitory of tiie United St;;tes, and that the neutrality laws of tlu; United Mati's should 1)1' strictly and scrupulously respected. Hut .Mr. .Marcy !ii>\v contends that this was not eiKHijuh ; ami tliou,i;h, in conversation vitli .Mr. Crampton, on the 2L*d of .Alarch, IS.'*."), hi^ said that he eonld "It ohji'ct to any number of i)ersoiis fi'oin;;' to Xova Scotia to be there 'iilisted. provided the neutrality laws of tlie United Stati's were not in- iiiiiS'i'd. he now arj;ues that the enlistment in Nova Scotia of i)ersons "iiiiiij;' thither from the United States was a violation of the pidicy of the Uniteil States, and that not to respe(;t that policy was an ol- ■"'''-1 feiise on the *part of (ireat Jbitain ayainst the sovereign ri<;hts of the United States. ^i)\v, in reply to this, the nndersij;ned bejis to observe that the jioliey 'i filiation in reinard to its inteinal arraiif;('ments must b(^ sought for in ■lie hiws of that nation ; that what those laws forbid it must beunder- ;toiKl to he the ])olicy of the state to jtrohibit; and that what those "^vs do not tbrliid, it must be understood to be the policy of the state " iillow. Ill every state, whatever may be its form of <;overntnent, lit'ii' is a sovereij?n power; that sovereiju'ii power may impose upon the 'Ji'L'ts or eiti/.ens of such state what duties, obligations, and restrie- '■■ 'J3.U' ' m VIS coinnini>i''''^*'''H"""''''^ '"^'y think lit; and it is a necessary eoiudiision that when th I entirely appi'^^'^'H"^ '''*-''»'• power puts a limit to its enactments, whether of obligation or ffilfi s|l:'-*^f^!ff ; 1 (uy2 THKATV OF \VASinXGT<»N I'AI'HKs ACCOMPANYING i^f ik of prohibition, it moans to leave its subjects or citizens free in re^^ind to all matters not within the enactments of tlu' law. This i)rinci})le is in- deed admitted by Mr. J»uchiiran\s not;i of the (Jth of .Iidy, wherein lie lays it down that the neutral ]>olicy of the ITnited States is " dcHiiciI and enforced" in tlie statute of ISl.S. J)ilTerent countries have ditferent laws in rej^ard to tlie enlist |r)(;;5| ment of their subjects and *citi/,ens in the military and imvul service of other states, and these laws vary according- to the tlil ferent policy of these countri<'S with respect to such matters. In Gi'cat J>ritain the law not only ]>rohibits lecruitinjjf or enlistiim within the JJritish dominions tor the service o*' any forei<»ii state, with out the ])ermission of tlie sovereijiu, but it .y'cKs farther, and prDliihits any subject of Her Majesty from so enlistin<>', even elsewhere, witlidut the royal permission. The ]>olicy of (Jreat J>ritain hencn^ ap[)ears to l)r to prevent Hritish subje<'ts IVoni enterin^^atall into the servic(M)f foivi^n states without the jiei'niission of the Crown. The law of the United .States aj^pears to be dilfcrent. Iler MiijcstvV government understood, aiul that nnderstandinjr is contirtueil by Mi, Buchanan's note of the <5th of .Tuly, that the law of the United .Stato only forbids enlistments, recrnitinji', and (contracts orenjj;af2,ements\vitliiii the United States, and iiirinj;' or retainin.u,' persons to (piit the rnitiii States with the intent to be enlisted elsewhere, but it does not toiiiiil citizens of the United States, who may have used their natural ri;ilit di (piittiufj' the United States, to eidist into the service of a foicij;!! |5(>4] state, when they have *left their own <;ountry. The soveri'i;;ii l)owerof the United States nu^ht, if it had chosen todo so, have Idl lowed its citizens with a prohibitory enactment beyond theterritoryot tlif ("nited States, but it has not thou,i>ht tit to do so, and the Just and iiiovi table conclusion W that what it mijiiht have forbidden, but has not I'oi bidden, it has desij^iiedly allowed — that is to say, in other words, tlm; it is the i)olicy of the United States to i)revent foreign enlistnu'iir witliin the United States, but that it is not thei)olicy of the United States tolor bid citizens of the United States to eidist, when out of the Unitcil States. into the service of foreij^n states, if they should choose to do so. Such bard of the iidIIiv of the Unite by takin.u' into the (^>ueen's miUtary ser\ ice any i)ersoiis who, iiaviii: conu' from the United States, freely and without contract or enuau ment, into a British territory, miyht then be willing' to enlist. The real questions at issiu^ betwe<'n Her Majesty's goveniiiu'in |.">U5j and that of the Uidted * States are, whether the IJritish govciii nu'ut ordered or cont'Mnjilated any violation of the neutrality laws of the United States: whether, if the British government did imt order or contemidate such violation, thosu laws were nevertheless vuiln ted l)y persons acting with the authority or approbation of the Biitisl! government; and lastly, rthethei', if any violation of the law of tin United States did take place, sullicient satisfaction has been given to the governnuMit of that country. In regard to the first point, the British government neither onleroi nor contemidatey Mi. he United Sliitcs i>'ap;einents\vitbiii Mpiit tl»e I'liitiMl it does not. t'ovbid iv natnral ri-bt ui LTvice of a \oYi'Vfl\ ;. Tlie soverciu'ii li todosl>,i>il^■^''"'• theterritoryot■tll»• the just and inovi I), hi»t lias not t'ov other words, tb;U , oidistnient witbiu uited States t*» for the United States. le to do so. that tlie r>iitisli [ sons \vho, liaviii,- [ndract or enj;ap'- () enlist. -esty's jvoveiniufiii [he ViritisU p)Vt'Vii , of the neutriibt} lovernment did ii"t nevertheless violii tion of the r.nti>l' of the law ot t!i'' ! has boon -ivou to lut neither onleiol Iws of the Unite I live and repeated my persons actini: Lt, iiotwitlistau'l^ W ageuts ot that COrXTEK CA.'Si: OF TlIK IMTKl) STATKS. ;'ovornnient (lid, within the United States, do tliinj;s whieli »vere a vio- hition of the neutrality laws of the United States; and .Mr. .Varcy speeilieally makes this charoe aoainst. Mr. Craujpton, Her MaJ- .■(ii!51 esty's minister at Washin;^ton, andao'unst IFer .Majesty's *eonsnl.s at Cineinnati, I'idladelphia, and New York. Witli respeit to "Slv. (■rain|)ton, the nndersi;;iied has to static that Mr. ('raniptoii po.si^ ely and distinctly denies tlie ehari-c l)n)ii<>iit ajininst liiiii. Hi' declares that he never hired, or retained, or eno-a^ed a siuftie pt'i.son within the United States for the service of [fer .Majesty, and that he never countenanced or cnciDurao^ed a.ny violiition of tlie law of the United Stat«'s. The charge brought against Mr. Crampton is mainly tiiunded upon evidence given by Strol)(d on the trial of Hertz, and on •lie, so-called confession of Hertz himstdf. One of those persons, Stro- be), was, in con.seovernment to set the asser- tions of such men as these against the declaration ol" y\\: (.'ramp- .'iilT! ton, a *man of umpiestionabie honor. Tlic undersigned must indeed remark that the whole proceed- in;; in regard to the trial of Hertz was of .su(;li a naturt^ that whilst iler .Majesty's ministers and Her ^Majesty's consuls might be, and indeed wi'ie, inculpated by the evidence of unscrui)ulous witnesses, that minis- ttrand those consuls had not any means or any opportunity of i-ebut- ;iii,!;' the charges which were thus incidentally and indire(;tly brought a.saiust them. With regard to Her ^Majesty's consuls at CiiuMunati, Philadeli)liia, and Xi'W York, they all equally deny the charges which ha\e bi'cn bi-ought a;^aiiist them; and they declare that they have in no way whatever in- iiinjfi'il the laws of the United States. AVitli respect to Mr. Uowcroft, Her ^fajesty's consul at Cincinnati, the iimlersijiiied has to observe, that legal proceedings against that gentle- iiiauarc still pending. As to the origin, character, and nature of those inoceedings, the undersigned might have much to say; but as they are >nll ponding, he abstains from doing so. He must, however, be permit- ted to remark, that it would at all events be inconsistent with the •iii'>i idainest principles of ^justice to assunu; as established charges which are still the subject-matter of juilicial investigation. Till' accusation against Mr. ^lathews, Her Majesty's consul at I'iiila- j tiiiphiii, rests entirely upon assertions made by Hertz. Those assertions aiv jiositively denied by iMr. Mathews, and Jtler ^[ajesty's government '111 ••'••arcely believe that the (lovernment of the United Stativs, with the Uiiuwlodfie which it will have obtained of the charai.'ter of Hertz, will 'it'sitate to concur with the government of Her Majestv in giving ci-edit |t'J Mr. Mathews. ^Wtli respect to iMr. ]>arclay. Her iiMajesly's «'onsul at New York, he j'ltt-laros that he neither favored the allegt'd recruiting nor i>articiitated lit, nor was informed of the hiring, retaining, or engaging any man |i"i' that i)urpo,se. Her .Majesty's government cannot but accei)t tln^ denial of these gen- 'l'"iieu as more worthy of belief than the assertions and evidence of '">'[i nieii as Hertz and Strobel. j ''lit Air. IMarcv considers that the conduct of ^Ir. I5arclav in ■ 'i n. » 't *:'. ^ ^41 .V ' '-■■ if (;:>■[ \rm\ rh'i:.\rv of w ashinc; ion — i'-MTJIn \r(o.Mi'ANViN(; flic iill'air of flic l):iik Miiiiiy (ni.^lit tolx' iiii ijdditioiial iciisoii 'vAw llcr 3IiiJcsl.v*s .^ovcriiinciit slioiihl icciiil liiiii. l-iioii this tin- ini dcrsiti'iicd innst observe that 3Ir. IJaiclay received inl'oriiiaf ion. on uatli. tVoin persons in the service ol the riiited States, leadiiii>' to the licli( r that the hark .Aliiiuy was littini;' out with designs hostile to Ihitisii in. teicsts, and at variance with the neiiiiality laws of tlio United Stato. It was ."Mr. !)ar(;lay's Itounden ditty to coiiimnnicate that inroniiatiim, without delay, to llcr .Majesty's niinistcr at \N'ashin;^ton. 'Sir, i;aiclii\ did so, and Ids direct a(;tion in the matter was then at an end. Mi. (Jranipton sid)initted this infonnation to the proper authorities of the United States, in order that they iniuht deteriiiine what t)roceedin:;s. ii a!iy, it iniuhr he rij^ht to take thereupon. 'I'lic officers of the IniiiMi States considered the j>ri>n(( J'itriv ease aiuainst the .Maury to he siilil. cieiit to call for proceeding's on their i)arr. Snch iiroceedin.!.;s weie iic coi of Her i\Iajosty*s nnnister at \Vashiiif>ton, and of Jler Majesty's consul.- at Cincinnati, .lMiiladel]»hia, and New Vork, as to the conduct iinpiitcd to them. The Govorninent of the United States ha«l been led to sn[>pose that the law and the sovoreiftn ri<;hts of the United States had not been respecte <*onsuls at New York, Philach^lphia, and Cincjinnati solemnly attirin that they have not comnntted any of tlie acts that have been imputed to them. The Government of the United States will now, also, for tin first time, have an opportunity of weighing the declarations of four geii tlemen of unimpeacheil honor and int(>grity, against evidence upon which no reliance ought to be ])laced. The undersigned cannot hut ox- press the earnest hoiie of Her .Majesty's government that these explana tions and assurances may prove satisfactory to the Government of tlu' Uinted States, and elfectually remove any misapprehension which may have hitherto existed, and ho cannot doubt that such a result wdl ationl as much pleasure to the Government of the United States as to that of Her [Majesty by puttiuij an end to a dilference which has been doeph regretted l)y Her iiajesty's government, for there are no two coiiu i.~»7i'J tries which are houinl by sti.)nger ties or by higher cou*sidew- [ton this tlif nil iiiitii»ii. on o.itli. i\ • Miiit'sty's cousiil- V. coiuUu't iiiu>nt('il ed to snpposi' tliut latos liiul not heim upon evideiici' \Yiina those lilA'tit^ littHl States would 'srument woultl not bv no discredit iM.i reparation of au lont, however, une vethehiw,ovtoiis- Tuts of the tmti^^^ 11 now, tor the tirst , and Her Majesty ^ demnly attirin tlutt been imputed tn , now, also, for tin ations of foiu" ^^'" Lt evidence upon lied cannot but ov Ihat these expUuiJ llovernment »>i i"' ensiou wliich ini>) a result will at oi States as to tb 1 L has been deep!) re arc no two couu L.uer eon^siclera- CO! .\'n:K' (ASH OF Tin: r.\m:i) st\'ii:s. ().').'» tioiis tlian tiie I'nited States and (Ireiit Uritaiii to maintain niil»r«»ken ;li(' relations of perfect cordiality and liieiidship. Tlie undeisiiiiied re(iuests Mr. Dallas to accept llie assiiranee 'li his hii^licst consideration. ( laim:ni)()X. I'or iiiclosiires see Senate Doeuiiieiits, lirs: and seciuid sf-«N;Mii> Tliiity-foiirtli Con^jress, vol. II. lS,").~i-".")7)\\ Sii; : The I'rcsiiU'iit has earel'nily considered tlu^ noti' of tlie .'With nl- niiii). addressed to yon by the Marl of ( larendon, ller .Majesty's piincipal iirisi'ii Tctaiy of state for forei.un affairs, relative to the(piestions v.iiirh iiav«' between this (Joverniiieiit and that of (ireat llritain on tin- snli- jctt of recrnitinjH' within the L'liited States for the Ibitish army, and lias (liivcled me to inesent to yon his views thereon, lor the parjiose of ha\- iii;; them made known to ller ^Majesty's j^overnnient. He has been mnch ()vernnient and peojile of Ixdh conntric-s have in npholdiny- and cherisliinff smdi relations cannot Ik- nioie >;ol- t'liiiily impressed n[)on Her ^Majesty's j»overninent than It is ni»oii that of the United States. Tlie unequivocal disclaimer by Her iMajesty's government of '-any iii- [tiiition, either to iniringe the hiw, or to disregard the policy, or not to j respect the sovereign rights of the United States," and their expression fiogret "if, contrary to their intentions and to their reiterated direc- [tious, there has been any infringement of the laws of the United States," mIfl- satisfactory to the President. The ground of complaint, so far as jitsiiccts Her ^Majesty's government, is thus removed. But the President extremely regrets that he cannot concur in Lord flaiondon's favorable oi)inion of the conduct of some of Her Majesty's "llims who were, as this Government believed, and, after due considera- tion of all which has been offered in their defence, still believes. jpifl implicated in i)roceedings which *were so clearly an infringement of the laws and soverign rights of this country. In respect to such Ntlie.se oflicers an'ew k, Philadelphia, and Cincinnati. The President is gratitied to per- ^I'ivo that Her ^Majesty's government would not have hesitated to com lywith the request to witlnlraw the.se officers from their oliicial posi- f"iiS if it had entertained the views here taken of their conduct in re- [iii'tl to recruiting contrarv to the law and sovereign rights of the United tate.s. Isi'arcely need say that, in making this request, no interruption of t'lliploiiiatic relations between this (JovernnnMit and Cheat ilritain. pi^ anticipated; but, on the contrary, the J'resident was, and is, sin- «lo(i TIJKATV OK \VAS||lN({r(i.N I'AI'KWS A('!'( >.MI'AN Vl.\(i yn '^M r- 1" • * » (iiMcly «l«'sirons to keep tiM'iii upon a most tVicndly footing;'. Mr. ('i;iiii|i ton's withdrawal was asked for, expressly upon the {ground that "lij> (tonneetioii witii that atlair (raisin^' recruits in this (iountry lor the I>rit ish service) has reiulered him an nnaeeeptahle ri'presentafivcdt [.")7.j] Her JJritannie *Maiesty near this (lovernment." For the same reason the withdrawal ol' the three IJritish consuls was also re quested. These ollicers were, as this (rovernment (M>ntidently believes. deeply imi)licate«l in proceedinjis contrary to the law and sov«Meiyn rj;,'lit; of the United States, ami (rontrary, as it now appears, to tln^ intentions and reiterated instruc^tions of their own ^i'overnnu'iit. It was their pii sonid a(;ts, certainly not the lessobjecitionahle for havinj;' been donccDn trary to the direction of Her Majesty's ministers, which rendered tliciii. in their ol1i(!ial characters and positions, unacceptable to I his (iovcn nient, and induced the President, for that cause, t(( solicit their iceal believint'that by this his view of their (ronduct, n cannot, therefore, chanjie his purpose in relation to them. Thon<;li tlici <'onduct related to, and in fact originated, a dilliculty which distiirliii the cordial harmony and j^ood understandinj;' i)etween the twoconiitrio, it constituted a do(!i'oVernments as to tlit^ complicity ol' tlii" ollicers in ille,ual proceedin,ms within the United States. In rcviiu ini;- this subject the President was disi)()sed to avail himself of any re.isonable doubts wiiich could be raisedin his miml, in order to l)rii!;: his opinion in this resi)e(;t into conformity with that of Her INlajcst)'' H'overnment ; but after a careful reconsideration of the case he has hiii' unable to chan<»c the conclusion to whiith he had previously arriveil. This ditt'ereiKie of opinion may be, in soau^ de;4;ret', ascribed to tlic dii ferouce in the views of the two jiovernnu'iits in respect to the nentraliiy law and the soverei^^n rijuhts of this (iountry. It is not proi)ose(l, however, to continue tlie discussion upon that sii'n- Ject. The conclusions of the President, stated in my dispatch of tln' I'Sth of December to your predecessor, in re,^ard to the ci^nstructioii dl that law and the character and extent of those ri-ihts, remain unchaii.ui'il, and he cannot forego the duty of nsiny all proper means t» !-"»77J sustain *and vindicate them. The main cause of this difference of opinion is the dilft'ioiit a])i)reciation of the proofs by which the charges against Her Maji'snN diplonnitic representative and consul are sustained. Lord Clarendon asks this Government to regard the bare dec!aratioii> of these ollicers as of sutlicient weight to countervail the evidoiicf against them. Their denials, as presented in his dispatch of the -il'tli of April — and that is all which has been communicated to this (Joverii nientou the subject — seem to be special, and do not traverse all the iilk' gations against them. They deny that they have infringed oar w trality law Ijy enlisting persons within the United States for the Dritislij service, or hiring or retaining persons to leave the United States I'ortliij purpose of being enlisted in tliat service. The charges against titei" are much broader, and embra(;e the offense of violating the la\vs;iii(ij sovereign rights of the United States by setting in operation, witlii" our territory, and conducting an extensive system of recruiting, wiii^ jvas not and could not be carried into effect without infiin.ui" I'ANYINIi rorXTKH TASK OF TIFir. rMTKI) STATES. Cu )i tin^'. Mr. ('rami' irronuil tlint "\\\> liutry i'ov the I'.iii > icpri'si'iitativcoi it." lM»r tli»' siimc lusuls was alsi) ic •utuU'ntly Im'Hcvcs, iidsovcivijiiiii^jlit' ^, to tilt' inU'iiti(>ii> It was tlu'ii- iHi ^•iu<;l>^'*'" tloin'fiMi icirvemU'ivd tlu'iii. l)k' to nii« is the (liilVriuTo: complicity oi' thi'M States. In review ivail himself ot any ul, ill order to Inui: hat of Her Ma>"stv> the case he liii>^ hiu'ii U'vioiisly arrived. > iiscrib.Hl to the thl- H>cl to tlu' neutrality ! nssion upon that siib- \x mv ilispatch ol tin; the ci^iistrnctiou o! s, remain "nchaiip-'l. lU proper means t^ ini.)n is the .lilh-roiitl H-ainst Her Majesty si /'the bare declarations tervail the eviaence ,lispatc.h of tlie ..mil cated to this (.i.vern It traverse all the alK- Ic infrinjJjed our ..en . States for the .nt >j 1 United St;ttes Ihar-es ni^-ain^t tiu liolatins the laws •" in operation, ^M'." of vecruitinii-. wl>!; without intii";^"'' '(7si our laws and *ri;4hts, l»y ciiiployiii;;' niitiicrons nf,'enls to ciijiiiiL;'.' pci'sdiis, for pecuniary orothcr » oiisidcratioiis, to lca\ c the I iiitcd States for the express purpose of eiiieriiiu' into the llritisli army, and 'ly kcepinj^' these a.^ents in this cmpioyiiient alter it was well kmnvii ;!iat tiiey were constantly infi'iii<4'in,y our laws. file (leiiial of tlie impli(;ated olhcers (Mily covers a part ofthedeiin- ijiuiicies imputed to them ; but, eonliniiii;' their ex<'iili>atoiy deeliuat ion to tlie simple chiiiu'e of having' violated the pro\isions of oiir neutrality lit. it does not merit the consideration which Lord Clarendon his iMiilied to it. r>y adoptiniL'' Lcu'd Clareiidoirs construction of our neu •lality law. contained in his note of tlie ](!tli of No\-cinb(M'. which rcii- I'.i'is it almost nu.uiitory. and is contrary to that (»fthis (lo\-ernmeiit and oi itsjudicial triluinals, these ollicers have not prol»ably found much 'HiliiU'rassment in meelinii,^ the chai'ii'es with a jicneriil (leni;il. lint, uiviii'^' to the declaration of Mr. Crampton and the consuls nil ;lii'C(iiisidcral ion which can be fairly elaiiiied lor it nmh-r the circiim viiiiccs of the case, it cannot coniiti'ibahMice the nnimpeached and wellsustaiiicil evidence which <'stablishes the c!iar;4('s ni^ainsl jy.i] *tliese ofliccis of liaviiij;' inlViiiyeil the laws and soverci.;;'!! ii,i;hts of the Tnited States. 1,01(1 riarendon's note to you of the.'JOth of .Vpril conveys the im])res- 111 that til ' evidence by which these oilicers ari' im|)licated is deriv<'d !i nil one or tv.o v.itnesses whose cre(lil)ility has been assailed. This, iHwever, is not a cct view of the facts. r.y tlie examination of my disi)at<'h of the 28th of December it will ii'perceived that these witnesses were stronyly corroborated, and that icic are proofs, wholly independent of their testimony, abundantly iiliciciit to estal)lish the complicity of Mr. ('rami)ton and I'le consuls iulic iiifriir^cment in the laws and soverei;^ii riii^hts of the I'nited iiites. 1 trust it will not be (]uestioned that it belongs exclusi\-ely to ii-(h)vcrnmeiit and its judicial tribunals to j^ive a construction to its iniii('i])al laws, and to determine what acts done within Its jurisdiction 11 iiifViii.U'cmeiits of thosi^ laws. This is a matter which concerns its lii.iial administration, and it cannot allow the a.^ents of any foi'cj.^n iwir to controvert that construction and Justify their (conduct l>y a itliivut ii.terin'etation of our laws, which virtually r«'nders them inef- fective for the imrposes intended. ''ij The Earl of Clarendon informs you, in his note *of the oOth of April, that 3Ir. Crampton ])ositivcly denies the char;;'e of com- iiity in any of the acts of illepil enlistment in the United States, and lilt the tlirir consuls inculjiated do the same. He assumes that tin- iii;;e aoaiiist them is sustained mainly by the evidence of two ]>ersoiis, ioliel and Hertz, whom he conceives t(> be unworthy of credit; and iiplicals to the American Government to accept, us com;lnsive, the ''■li'.nitions of the minister and consuls. I am instructed to say that use considerations do not relie\'e the President's mind of the uiifaxor- iMiiipressioiis produced by the condimt of those gentlemen in relation torejon recruitment in the United States. It will be seen, by referring to my dispatch of the 28tli of DeciMiiber, ^'■liicli the grounds of charge against 3Ir. Crampton were fully stated, lit the testimony of Strobel and Hertz was quite a secondary and an ilHutant part of the evidence adduced ; the cliarge being sii])ported, 'I'liendantly of their testimony, by other witnesses, by oiiginal letters ill. Crampton and others, and by undenied and undeniable acts of • t'rai Upton. [^^ to Strobel and Hertz, however, it may be observed that the 42 a ^m i-ji^^ffi ii^ I IflHijir 1 1 "•- VJ ■i'' ■- ' iu)H TKI:ATV 01" \VASIllN(.T(iN — .AI'KKS ACCOMTAN Vl\(; Ji ! |.")S1] tlocmnt'iits tiiiiisiiiiltt'd 1»_v *r,»»i held a eominissioii in the Ihiiish foreijun lej;ion,and that, as it is clearly proved and U(»t denied, he niiijn. tained as a recrnitin;; oflicer, and for a considerable period of time, iissn ciation, personally or by eorrespondenee, with .Mr. ("rampton. Tlic employment of Strobel by Mr. ("rampton, thi'ir Ion;; association in tlic Joint woiU of recruiting' in the Inited Stat«-s for the foicii^ii lenidn. I^SliJ th(! distinction of *her .Majesty's commission of captain in tlmi (!<)r|»s conferred on Strobel, would seem at least to depri\e Mr. Cramptou of the riut there is ii larger and more comprehensive (;las.s ol" considerations applicable to the jKirticulai' ipiestion. l-'or a> period of nearly live months, that is, from about tlie midilli'dt ^Mareh, LS.")."), to the ."ith of August, IS,")"*, the jjeace and order of tlijs country were disturbed, ■ speci.illy in the cities of Jloston, New Vdik. J*hilad«'lidiia, and Cincinnati, by the unlawl'ul acts of numerous i)ei'.suiis enya^etl in raisinjn' recruits, or in bein^' recruited for the British foreifiii legion. Tliey were supplied with ample funds by Ibitish agents. TIkv obstinately resisted anlii government in the month of August. The recruits thus unlawliillv raised in the United States during all that time were (^mveyeil livi J>ritish agents to Halifax, and there enrolled in tiie foreign Ic^iimi, [o.Sol All these acts, as well as their illegality, *were notorious. Imvj. before the liial of Hertz in Septemlier, and of Wagner in Octolici.l they must have been brought to the particular notice of 31 r. ('raiiipidii, the Uritish consuls, and other agents, by ineliminary judicial iiniiiiriis which took place both at New York and IMiiladelpIiia. In conse»iuence of the steps to that elVect taken by me on tlie-LMi'tj March, the i»roper instructions w»'re issued on theL'.'id, and pr.)seciitii> commenced in riiiladelphia on the oOth of .March, and in New Yoikcnl the oth of A]»ril. x\s e.vample of the character of these proceedings, their m)toiii'iyj and their conclusive legal erte<*r, whi<'li oceuiied in May, deserves p;iij ticular notice- At New York on the lith of May, a number of persons, namely, Gtitlj fried AVaditer, Wilhelm Schumacher, .luiius I'arkus, Oscar Croiiu'y,iiiil Andrew Lut/. were e.xamined before Commissioner Betts on the ('iiiir;.'er of recruitment for the service of (Ireat Britain. Eminent coui.ool wtii employed by the parties accused, who argued that no offense had bwi committed, because it did not appear that any valid coiitriittil [584J enlistment iiad been consummated. *But this ground of (U't'iiis< was overruled by the coujmi.s.sioner, wLo, though he discljaijftij ^m^lff NYINT. I>ruviii); tliosc tic wi'ii^lit, cull- inattcr> iiin>ily Ul'iH'tcr ul' lllUM' ilv to lUf triUli. 1 hiiiiscU'. iiinl tu ail iiulorsi'iiu'ut OlllllU'tl *»ii l'"»f iicli iiittiuciil in iciici' (»r iiiipiiU'il ilciiniil-;;<>\fniuv moiii'V IVt)iii Mr. on in the liiitisli (U'liitMl, In' iiiiiiii- ■iod (tf tiiHc, iissit ("rainpton. Tlir issot'iatiou in the tlK'l'oiviiJiM lt'!:;i»'ii. [■ captiiiii in thai \st to «U'i>iivt' Mr. ncss. , of consiiU'vatioiis Dont the niiiVl'i' lloston, >'ew Vtuk. ■ luinunous lu'ismis the Ui'itish tbu'i^u litisli a};viits. Tiny ,f tin- local autlmii COl'NTF.U (A.'^r, nv TIIK I : ITKIt .s|'Air.,<. (If)!) )(H'»' (lin.n'S iiov (lid It" iVoui " tin' r»»'iti>li ts tlms nnlawiiilly \vovc cunvcyt'in'y 1 tiie lorei.nii l*'ji'""' ic noti)nous. Lull: KVajAiuT ill Octului.l 1,. ofMi'. ^'»''""1'^*" •y judicial inqiavusl ')V me on llu' ^^^ 4 a, ami i.vas(>(!ntion>l ml in ^^ew York (Oi |n..-s, tlnMV nt)toviety| May, ik'serves iiiU-l Irsons, namely, Ooaj ],OsciivOionu',y,aiiiJ jtetts on the ('lim'iij Liinent com..H-l jviij \xo otJVn.se Ir.ul I'l'^'J [uv valid contract ij is ground of (U'H kouS-U lie discluuiSt^ Wiicliter Cor ilc'cctive evidence, coiniiiitted liUtz, Scliumacher, Cromey. ,111(1 rarkiis. At I'liiladclpliia, on tlie L'.'dli of May, tliiee iicrsoiis. IFcrtz, iV-rkins, •iiid UncUnall, liavinj;' been arrested on the charj;*' of ille;;al rt'crniiinu' 111 tlie service of (licat Hiitain, applied l(» tiiecircnit conrf of the I'niled States, by liiihnis i-orjiiis, to lie disehariu'ed from custody. The pi('sidiii<>' iiii|;;c, the lion, .lolin K. K:ine, on exaniination of tlic i>vidence talvcn 111 tlie case before a C(»nmiissioncr, fonnd that the pro(tfs were snfli- lidit to biin.u' the acts of Hertz and Perkins within the condition of the law, bnt not so as to liiicknall. Accordingly, tiic lattt'r \vasdis(,'harj;cd, hilt the two f(»riner were committed for trial. Tims, so early as .May. it was judicially shown that what was doin;^' iiitliis rcsjiect was tiiilawfni. .Mr. ('rainpton was ac(|naintcd with these |iiiicfcdin''s. and was tlms snilieiently admonished that the ads of rc- iiiiitinent carri<'d on nmh-r his authority did, in fact, whatcNcr may liiivc been lii.s intention, constitnte a violation of the mnni<-ipal law of the rnitcd States. This had 'leen decided by the cimrts (»!' the I'nited States, and was pnbliely and exleiisively made known. It is not ,'iS,'(J controverted, "indeed it is admitted, that he had tiritish government. The Ear! of Clarendon, in behalf of Her ^lajesty'H government, dis- idiiiiiis all intention to violate the laws, c(nnpromise the neutrality, or hlisrcspeet the sovereignty of the United States by eidisting troops |«itliiii their territory. Tlie President unreservedly ac(!epts, and is fully isitisticd, with this (lisdaimer. Ofcour.se the unlawful acts in |>ear. Wlio were those agents :' or this we are nor left in (haiht. In the (h»emnents on the snhjcc! recently hiid before Parliament, it is distinctly staged that the eiili>t ments in the United States did nol stop until yiv. C'rampton {»ave ord^is for tlieir <'essatii»n on the ."ith of Au}>iist. lie had jmwer to stoj* tin acts of eidistment: he knew the i»roceedin<>s were, fioni the coiniDeiicc ment. exceedinyly ottensive to this ( lovernment, and that it was devotiii- its a<'tive ent'ijuies to ari'est them ; he was bound to know, he could imt but know, what was notoritius to all the world, tliat throujih the inoiitlis of Ai)ril, ^lay. Jr.ne. and July, the recruitin^i"' agents in various ))arts(ii the United States, and CMnsjiii-nously in JJoston, New York, IMiiliidil l>hia, and Cincinnati, were keeping up a most unseendy contest witli tin- law ollicers of the Unite() on wiili out check until tin- month of August. For thus giving countenance *■ tliest' illegal proceedings he is distinctly resjjonsibh'. I)Ut his accountability extends yet iurthei'; tor the same docmiKiii> sImuv that the ollicial suggesti(»n to the Ibitish government of the iiii toward scheme of obtaining recruits in the Unired States came fioi'! the correspondence <»f Mr. Crampton, and of the consuls at New Yoil;. riiiladelidna. and Cincinnati; and that to Mr. ('rami)ton were tin si'.perintendeiice and executitm of the scheme committed. And fliiisi; is that he who directed had the jtower to stoji the jiroceeding : and tiiib. tiom early in ^larch until August, he is found busily occujiied in sniiti intending enlistments.])artly in the I'nited States and i»artly in (';n!at!;i and Nova Scotia, and in issuing instructions to the agents eiigagei! i;- that enterjjrise. It does not sullice for 'Mv. ('ram]»ton now to say that he vernment, there is lefereiice. by letter and oral declaration, to iln general superintendence of 3Ir. Crampton. His moral and his legal resjiunsibility mv thus demonstrated. \Vjt!i full inf«)rmation of the stringency of the laws of the United StaKv against toreiyn re<'rniting. with distinct jierception of its being all Imii impossible to rai>e leernits here without infringing the laws, and villi 1 knowledge of the »-oi;demnatory Judicial proceeersisted in carrying on tin scheme until August, when its (dtstinate ]>rosecution hat nptoii gave onlcis |)o\v«'r to stoji till )in tli<' ooinim'iicc lat it was tlwotiii;: mow, ho c'oiiltl iKit iroujjli tho moiitlis in various parts ni L'W York, riiiliitti! ly contest witli tln' s early as May tin uhmI by till' fcdcial yet, notwitlistaiiil stion to Jit) on wit!; ing' connti'iiain't' * ■ lio same ilocniiMis^ ■crnnK-nt of tlic uii il States eaiiie fnnii nsnls at >'e\v Yoil;. 'ranipton were tin- litted. Andtlmsit iiceeding-. and tIiun V o('cni>ie(l in suiu! hil partly in (":nKif its being id) I'Ht the laws, and witb of Apiil and M;i,v in earrving on llifj tion had at leni;t!! the United St;it('> •auses of eoiiipliiii:' com mission in t'"" •nt of the inipnicti endiarked, and tln| H-ting to observe t!ir 1 eel uiting here tl:f legal authoiitust't COUNTER CASE OF THE UMTEI) STATE-^. 6G1 •lii> Unitessible iiidiicements to cidtivate reciprocal ami<^y, Tlie foregoing coiisideiations snl)staiitially apply to the conduct 111' the IJritish consuls at Xew Yoik, IMiiladtd|diit, and Cincinnati. Though of subordinate otlicial character. tlM*y are not less respoiisii)le iliaii .Ur. Craiupton. Tlie coiitinuttas violation of tiic law ]>rocceded viitliin their respective consuhites, luoiitii after mouth, under their eyes, iidtoiily without any ai)parent ertbrt on their part to stop it, luit with luore or less of their active participation therein. Tiie (;onsidate at New York apiu'ars to have been tiie point at which the largest .V.ll] exp(Miditiires were made; *and it is proved by doi-iinients here- with trasmitted, that payments at that (•onsular :>eet lidlity on the |i;iit of som(M>f the witnesses by whom these facts were proved, and as Mwliom a prominent cau.s(» of sindi alleged want of lesitectability seems 'ii 1)0 the fact that their evideiH-e has inculpated their accomplices in till' violation of law. The testimony whicii most ilirectly incidpates the Hiitisli consul at Xew York, as will be perc«'ived l)y tlie inelosures lu're- vitli, is in Lhe allidavits of tli;,' very persotis reliel on by Her Miijesty's .'incniment for i»roi»fs in this caie, and who.se depositions ac.omi»aiiy Loi'il Clareiidoirs note to you of the -UHh of Aprd. T\u' Earl of C'laieiidon pertectly w«dl uinlerstanils that, in <;rear ili'itaia iis well as in the United States, it would be impossii)le to ad- in.nister [tenal Justice without ot-easiiHially receiving the evitlenee ■•■M .Vl'> of accomplices. In (ireat * Mritain. not only is evidence^ ot this class re(!eived continually in state trials, as well as in inferior matters, but rewards and other special intlnceiiieuts are held out to <;icli witnes.ses by not a few provisions of acts of I'arliameiit. The com- l«teiicyof such i»er.soiisas witnessesin a given ca.se.and theircrediidlity, arc. ill liotli countries, ([uestions up >n wliieh the court and jury, in their iv>[)i'ctive. spheres of jurisdiction, ultimately pass. In the present case '•'Hidiisions have been established on doeiimentary ju-oofs and other 'iiii:iil)oachable evidence, by proceedings befon* the proper tril)unals of *!ii' United States, by the verdicts td' juries, and l»y the ruiings of judges, liiili must be held as dual in the estimation cdthe President. Tlic Earl of ('larendon suggests, as a c(»nsiderati, Britisli r»] *I repeat now, with entire con.s(M(Misness of its aecMiracy, what I stated ill my li'tter of the L'.Sth of December last, that at thiit interview (on the *iL'd of March, the only one 1 ever hail with Mr. C. as he a«lmits, in whicii the recruitment business was alluded to) "he (Mr. Cramptoii) had satisfied nu» that his go.ernmeiit had no comiectio'i with it, and was in no way resi>onsible lor what was doing in tlie IJiiittil States to raise recruits for the British aniiy:" "Imt I am quite certiiiii that on no occasion has he intimated ti» me that the liritish goveraincnr. or any of its oflicers, was, or had been, in any way ctHicerned in seiidin: agents into the United States to recrui^ therein, or to use any indiicc nieiits for that i)uri)ose; nor did he e\er notify me that he was talciii,::. or inr» iided to take, any part in fuiLliering such proceedings. Such i coniniunicatioii, timely made,' would i)robaI)ly have arrested the misL'hir!| at its commencement." If he had then apprised uw of the system of recruiting whicdi hadiKJ that time i)een already arranged and put in o|»eratioii within the UiiitiM States by British agents, and under his suiK'riutending directtinii. [."jJXiJ he woidd have been i)rom[)tly notilied, in the most positive *teMii>.| that such acts were contrary to the municipal law, incompiitiltltj with the neutral i>olicy of the country, a violation of its national sov ereignty, and especially e.Keeptioiial)h^ in the person of tht; represent! tive of any foreign government. Mr. Craini)ton admits that 1 speciiilly) warned him against the violation ot our neutrality laws, but hliinu'| Hie now for not then stating to him that my construction of that Imfl dilleied from his own. But no such ditterenee of opinion was then piiiion as to the ])rovisioiis of that law which 1 then held, aiid Iniv^ since fully disclosed. He called ui)on me to show a letter wliiidi lie iiiHi written on that day to the consul at New York, "disapproving the pi'' ceedings of a Mr. Angus McDonald, beaiusc 1 (he) thought those in" 'ANY IN a COUNTER CASE OF THE UNITED STATES. GG3 was, ill the due st the parties on red were tor tlie 'iinself privik'seil porsous whom lie )!• was tlie admin on at'X'Dunt ot his )nternM\. Ou the by which he was sliouhl be veriruM Dwn goveriimei\t. lie 3()th of April. fs intiil*^ to carry tlios.' ,-nni.-nt ot tin- V:"-"'' ,,1 \)v Mr. Criuniitoii t» t ho 'only o\.s(Mv:itii.ih ^ of tl..', Ui.it.Ml Stat.^ ,\,.sir.Ml it mii^llit Icav, the V^arl of Clarcii whih- it serves u! i>ts went on tors.' sand express onlei- the weight ot Mi. f its aflcuraey, wlwt HM' hist, that at tlKit er had with Mr. *^.. alh»dedto)"lie(Mi. had no connedio'i doing in the Uuitnl ,t I am (piite eertain iliritish governnuMit. Lneerned in semliu^ \r u> use any inilun' that he was takm^. ■oei'edings. fc^iu->:' [ivrestedthenusi'liuii Liting Nvhi.'h h',ub>j| Inwithinthel.mt'"' iintendiiig direc.tioi!. L,,t positive *teH lal hiw, ineomP''^'""! |, of its national s.n In of the represeiiu- [nuts that 1 speevalUL ity h»ws, bnt ham. Iti'netion .)f tleat 1 Vpiniou was then i [tld a <'oim'uhMU' 1^ ithenhehl,'amn> I [i letter whieh he lisappi'oviMg the 1 1 I) thought those I'l'H ceethngs wonUl or might be taken to constitute a vlohition of the act ot ISls" — the iientrality law of the United States, What were the Itroceedings of Mr. MeDomdd which 3lr. ('rainpton thonght might con- stiuite a violation of our neutrality .' The simple issuing of a hand-bill siiecifying the terms ou which recruits would be received at Halifax into the (Jiu'en's .service. :,"i!)7] *This oi>inion of Mr. Crami)ton ascribes as much striugeiuiy to our iHMitrality acts as has 'ever l>een claimed for them by the Government or courts of the Uidted States. 1 had then !n> suspicion, nor did Mr. Orampton give me anycau.se to .•suspect, that he WiiS acting, or intended to a<;t, upon an interpretation of that law which woui«l justify the act of Mr. McDonald, which he then (!ondemned, and make that law but little better than a dead letter. I could not but snppo.sc that he viewed it in the same light as Lord Clarendon did when he wrote his dispatch to ^Iv. Crampton of the iL'th of April thereafter, in wiiit'li his lordship declared it to be ''not only very just, but very strin- ;:('!it." To show that I was not mi.staken in this resiiect, I quote a passage Iroiu a letter of Mr. ('rami)ton, dated the 11th of March, to Sir G. Le Marciiant: "Any advance of money by Her ^Majesty's agents or others ill the United States would constitute an infraction of the neutrality law." The dei)ositi!>ns which aany this dispatch, made by some lit the same [lersons who have lurnisliet is made to dedute an excn.se for !Mr. Crampton's course jiiitlio business of lecruiting in this country from the alleged fact that |iu' eoiiununicated to me on that occasiiui tlie arrangements which had hwn made tor that purpose, and that 1 ton's own statement of what then pas.setl. In the erfectly true that I did not enter into pi'iy details of the means which weie to be adopted by Her Majesty's fi'vernmentto render available the services of tho.se who temlered them ^1 u,s in such nund)ers. There .seenu'd to be obvious reasons for abstaiu- liiu from this, l^'veu if it had occurred to me, 1 should have been un- iiig to do anything which might have borne the appearance of ^iipigiiig j\Ir. Marcy in any expression of favor or approbation of a liiii favoring the interests of one of the parties in the present war. ^•1 1 could desire on his part was neutrality and impartiality." M%\ 664 TREATY OF WASIIIXGTOX PAPERS ACCOMPANYING K;* ,•-. t •0 ^^^ U A %\- fw His reasons for \vitlili()1(lin;j!: from ino tlio :ard for th(3 dictates ot international comity, Mr. (Jram[)ton shonhl, it wonld seein, hiive [00(11 dis*<;losed to me all the measures intended to l)e pnrsned witliin the United States by the aovernment, iiieliwl'im himself, in exeoution of the act of Parliament for raising' the foicioii le.y'ion, Xay, he was (?\i)ressly commanded by his .government to prac- tice no concealment with the American Government on the subjec^t. If he had obeyed these orders, all misunderstandiu;;^' l)etween tiie two governments woidd have been {U'evented. Mr. Cranjpton was the more imperatively called upon to make full explanations on the subject, not oidy luHjause he was comuiaiKled by his i-'overnment so to do, but for the further reason that, iminediati'ly after- the breakin,i>' out of the war between Great Britain and France m tl'.e one hand and IJussia on the other, he had, by an olUcial note, ad dressed to me, invoked the ell'orts of tills ;>overninent to enforce iipDii the inhabitants of the country, citij^eiis or others, the neeessity of ob servinj;' the strictest neutrality toward the belli<;erent parties, and cs ]KH'ially to enjoin upon them to abstain from takinj;' i)art in annaiiu'iit> for the service of liussia, or in "any other measure opposed to tlie diitics of a strict ueutrality." To this application the undersi_i;iicil, by fOOlJ exi)ress direction of the President, re[)lied, lU'elaring' that *rlii' United States, "while clainrin*;- the full enjoyment of their li^lits as a neutral power, will observe the strict st neutrality toward ea(di and all the bellij^erents." IJeference was made to the severe restrictions im[K>:;ed by law, not only upon citizens of the United .States, but nimii all persitns resiclent within its territory, i)rohibitinj>' the enlistiii.u incii therein for the purpose of takin<;' a part in any foreij^^n war. It \v;is added " that the President did not apj)rehend any attempt to viohitu the laws; but should his just ex[)eetation in this respect be (lisappoiiitcd. he will not fail in hisdnty to use all the power with whic . he is invested to enforc(^ obedience to them." In view of this fornral and solemn appeal by i\[r. Cramptoii to tin American Government, and of the assurance he received of itsdeteriiiiit.i tion to maintain strict neutrality, it was not for a moment suspcctt'd that INIr. Crampton could misunderstand this purimse, or believe that in j would be permitted to set on foot and execute, for a period of live ecu secutive months, a systematic scheme to obtain military recruits lorrlii' British service in the United States. That Mr. ( •rampton ditl ciiiwj most deejily into this stdieme is proved by the evidence already sid' mitted to Her .Majesty's jjovernment, but is still more cou(;!iisiv('h established by the additional proofs which accompany this (lisj»;iti!i.| [002J What*ever detraction from the value of the testimony ayaiiist .Mr. Crampton may result from the attempt to «liscredit Strobcl ;iih1 Hertz, is much more than made up by theadditiomil proofs now addiind, This body of strong- cumulative evidence confirms the Presideiil's forimi| conclusion as to the complicity of Mr. Crampton and tlie Jiritish consuls New Y(n'k, Pldlailel[)hia, and Cincinnati in the illegal enterprise «ij recruiting soldiers for the British army within the United States; ainll the President does not doubt that when this new evidence sh;ill '''i COUNTER CASE OF THE UNITED STATES. OGo oji to niakt' full comiiiiuitlt'il by lilt, immeiUiitely 11 iuul Fi'iiuci; <»u olfunal note, ad to ciiforcc npoii necessity of ob- t piivties, tuul I's art in *annam(Mit> osed to the (lutu's li undovsi.uneil, by .eliiviii;;- tliiit *tlii' [M\t of tlu'iv ri.silits I- towiivd raclnnul i'vt'i'O rostrit'tioiis . jStatos, but uimii tho t'ulistiiiii' iii*'ii •eirjn war. It \v;i> itttMni)t to vutlati' t be (lisai)])oiiitLMl. lie. . he is iuvestod broiijibt under the coiisidoration of Her ^lujesty's government, it will no longer dissent from this conclusion. Tile gratitication which the President feels at the satisfactory settle- miMit of the recruiting (luestion, in so far as respects the action of the Dritish government itself, has indm;ed him to examine the case again, with a view to rcaiove, if possible, from his mind the iKMXMial objections to Her Majesty's minister and consuls. This examination has not pro- duced that elfect, but, on the contrary, has strengthened his conviction tluit the interests of both governments rerpure that those persons should cease to hold their present otlicial iK)sitions in the United States. [G03j He sincerely regrets that Her ^lajesty's govern*nient has not been able to take the sjime view of the case, and to conii)ly with ills request for their recall; but it has not consented to do so. If, in the earnest desire to a(;t with all possible courtesy toward ller Miijt'sty's government, the President could have suspended his determi- luUioii in the case, in order to submit the new testimony, which he is confident would have been found sullicient to induce coin])liiin('e with Iii.s request for the re(!all of the Uritish minister, he is ])reclu(U'd from any such thought of delay by the exce[)tional character of dispatches of tbat gentleman, copies of which, having been recently laid ln'fore Parlia- nu'ut, have thus come to the knowledge of this Government, ami which an.' of a tenor to ren(h'r further intercourse between the two govern- ments, through that minister, alike uni)leasant and detrimental io their l^ood understanding. riie President has, therefore, been constrained, by considerations of the best interests of both countries, rehuUantly to have recourse to the only remaining means of removing, without delay, these very una('cei)t- able ollicers from the connection they now have with this (Jov- iilOlJ ernment. *This course has been deemed necessary on account of their unlitness for the positions they hold, arising IVom the very active i)art they have taken in getting u^) and carrying out tiie system (if recruiting, which has been attended with nunu'rous infractions of our laws, which has disturbed our internal traufiuillity, and endangered our jii'iieeful relations to a luition with which this Government is most anx- ious to maintain cordial friendship, and intimate commercial and social iiitci'course. Hi' has, therefore, determined to sejul to ^Er. C/rami)ton, Her AFaJesty's (liiiluinatic representative, his passport, and to revoke the exequaturs of Mr. Mathews, Mr. Barclay, and ^Ir. llowcroft, the ]>ritish consuls at l'liil;ulel{>hia, Xew York, and Cincinnati. I am, sir, respectfullv, your obedient servant, W. L. MAPvCY. (tEOUcie :\r. Dall .. , I'^sq., London. [For inclosures se'3 Sen. Docs., 1st and 2d sessions oith Cong., vol. 11, lSo.j-,j(j.] t -, Mr. Marcy to Mr. Crampton. Department of State, Wa.shi)t()ton, Ma;/ 2S, ].S,")(5. i'j*'5J Sill: The President of the United States *has direct«'d me to announce to you his determination to discontinue further inter- nnirse with you as Her Majesty's ritiiiii and the United States which may be forwarded to this Governmciit throiij^li any other (diannel. Shonld it be yonr pleasure to retire from the United States, tin; Prcs ident dire('ts me to furnish you with the usual facilities for that jjur- pose. I consequently inclose herewith the passport given in such cases. I avail myself of this opportunity to renew to you, sir, the assiuiuicc of mv respectful consideration. W. L. MAKUY. John F. Ckampton, Esq., tCc, lOc, dc ?s Mr. Marcy to Mr. Barclay. Depap^tmext of State, ^ya.shin(Jton, May 2S, IS.'iO. [G(H»] Sir: For reasons which have been ci)m*municated to Her ^lajesty's government, the President has revoked the exe(iuatiu heretofore granted to you, by which you were permitted to exercise tlic functions and enjoy the privileges of liritish consul at New York. 1 herewith send to you a copy of the act of revocation. 1 have the honor to be, your obedient servant, W. L. MAKCY. IVlr. Anthony Barclay, Her Britannic Majesty'' h Consul, do. I Same, mutatis mutandis, to Mr. Mathews.] ifi .' FijANKLiN Pierce, President of the United States of America. To all irliom it may concern : Whereas, by letters i)atent, under the seal of the United States, bear- ing date tlie se(!ond day of March, A. D. 184.'>, the Presi«lent recognized Anthony JJjiiclay as consul of Her iJritannic Majesty at New Y"()ik, ami declared him free to exercise and enjoy such functions, powers, and privileges as are allowed to the consuls of the most favored nations: but, for good and sulli(;ient reasons, it is deenu'd projier that he shonld no longer exercise the said functions within the United States; [007] Now, therefore, be it known that 1, Franklin *Pierce, President of the United States of America, do hereby declare that the pow- ers an<». Siu : For reasons which hiivo boon eonmumicatctl to IliM Majesty's uovermiient, the President has rcvoketl the exequatur heretofore ^^ranted to you, by wliich you were permitted to exercise the I'nnctions and enjoy the privilej^es of British consul at (Mncinnati. 1 herewith send to you a coi)y of the act of revocation. ilOSj *In consequence of this proceeiliny, tlie I'resident has de«Mned it proper that tlie pendin<»; |)rosecution against yon, for tlu> viohi- tioii of tlie neutrality law of the United vStates, should be discontinued. Orders to that ettect have been issued to the United States attorney at Cincinnati. I have the honor to be, your obedient servant, W. L. MAKCY. Mr. Charles IiOwokoft, Her BriUomic Majenty'n Consul^ Cincinuati. :. L. MAKCY. of America. )ns, \)owci's, iKUl] *Mr. CitfihuKj^ Attorney-General., to Mr. McKeun, dlstrief attorney. Attoknev-Genekal's Office, Deeemtier 17, l.SoO. Sir: rnforniation has been coniniunicated to the Department of State Id tlie ell'ect that arran<>einents are m train in the (;ity of New York for tliepiuposeof a hostile military expedition aj;ainst the republic of Vene- zuela. The statement is, tluit a written contract has been entered into lii'tween .Air. Anthony L. Bleeker and Captain James Wriyht on the one liiiiul. and the exile General Tae/ on the other, to n^instatt,' the latter ill power in Venezuela by force, ami that ALr. to investii^ate the subject, and York. [012] Messaf/e of the President of the United States, commnnieatinf/, in com- ItJiance icith the resolution of the Senate of January 4, 1S5S, ihr iw- respondenee, instructions, and orders to the United States naval forces mt the coast of Central America, connected with the arrest of Wni. ^ValhTr((llll his associates, at or near the port of San Juan de Nicaragua. fScc 'Soi. Doc, o~)th Conyress, 1st session, Ex. Doc. No. 13.) To the Senate of the United States : I herewith transmit to the Senate n report from the Secretary of tln' Navy, with the acconipnnying documents, containing the information I called for by the resolution of the Senate of the 4th instant, re(piostiiij(j me "to communicate to the Senate the correspondence, instructions, and orders to the United States naval forces on the coast of Central Anioriia. connected with the arrest of William Walker and his associates,"' »S:c'. ['ANYIN(' COrXTKU CASE OF THE I'MTEI) STATES. 600 III snl)niittiii<{' to tlic .Senate the piipors tor wliich they have ealleil, I (li'i'in it pro|>er to iiiake ii few ol)sei'\atioiis. Ill ci'.idiiriiijj (Jeiieral Walker and his command alter tliev had lanih'd on the soil ofNicaraf^na, Commodore I'aiddin^ lias, in my opinicni, (li;j^ committed a .uravi* error. It is((uite *evi(h'nt, ho«cvei-, tiom the com mnnicat ions here \vi til transmitted, that tiiis wasdoiM-tiom pure ;iii(l patriotic motives, and in the sincereconvi<'tion tliat he waspromotin;;' •'ic iiiten'st ami vindicatinji' the honor of his coniilry. In r«-;.'ard •'«» Ni- (;ii;i;;ua, she has sustained noin.jnry l»y the act of Commodor* ranldinu'. lliis lias inured to her benetit, and relieved lier from a dicadt-d invasion. She alone would have any ri<;ht to comiilain of the violation of her ter- litiiiy: and it is quite certain she will never exercise this ii;:iit. It nn- (iiu'stionably does not lie in the month of her invadeis to (ompiain in htr name that she has heen rescued by Commodore Panldinjr from their iissiiiilts. The error of this gallant oHicer consists in excct-din;; his in- >tnios<' of making; war upon any iiiilitniy lorce whatever wliicli he misht liiid in the <'oiiiitry. no matter iKiiii wlieiicethey came. This power certainly tli nltinu), with (leiieral Walker ill custody, the Secretary informed him "that the Kxecutive Depart- iiieiit of the (lovernmeiit did not recoj^nize (Jeiieral Walker as a pris- itiHT: that it had no directions to jiiive concerning' him, and that i is iiily tlironjih the action of the Ju(li<'iary that he could be lawtully hi'ld iiicnstody to answer any charges that might be brought against hint." Ill tlius far disapproving the conduct of Commodore raulding, no in- liieiice must be drawn that I am lesss determined than I have ever been ■iM'xccute the neutrality laws of the United States. This is m.\ impcr- invc duty, and I shall continue to perform it by all the means which tin' Constitution and the laws have ]>laced in my power. My opiinoii 'it tlie vahie and iniportan(;e of thefte laws corresponds entirely with '!i;it expressed by ]Mr. Monroe in his message to Congress of December 7, 1810. That wise, prudent, and ])atriotic statesman says: '1"'] It is of till' iiij^licst iiiipoitaiico to our national chiinictci, "ami in(lis|ii-iisable to tlic morality of our eitizciits, that all violations of onr neutrality »lioii](I lie liuvvi'iiti'il. No door should li(^ loft open for thi' evasion of our laws, no oiiiwirlnnity ji'i'iidiMl to any who may he difiposcd to take advantap; of it. to i oniproiiiit tho in- iii-.st or the honor of the nation. The crime of setting on foot, or providing the means for, a military xpcdition within the United States, to make war against a foreign >h[v with which we are at peace, is one of an aggravated and dangei-- I'liis character, and early engage*! the attention of Congress. Whether 1k' Executive Covernment possesses any or what power under the Con- stitution, independently of Congress, to prevent or punish this and iiiiihir olfenses against the law of nations, was a subject wliich en- iiiivtl the attention of our most eminent statesmen in the time of the |liiiiiiistration of General Washington, and on the occasion of the '^'iicli revolution. The act of Congress of the oth of June, 1704. for- ^ i"."iu"trw't''""^- i>"'lB""'^t*'l.v removed all the difficulties ou this question which had tliereto- '^)t^ Central Anu'iit'ii. ■"If existed. The tifth and seventh sections of this act, which relate Ills associates,*' -I^^'- I" ^''^ present question, are the same in substance with the sixth tr'ict aitoriii'ii. •emher 12, l^^"''"'- rlc : lUstments and ex ua, in violation m uents and cxpcdi C, CUSHIXG. t Xew Orleans iiiul ^, New Yorh. ' YoiiK, ;y'S OFI'ICH. h'cemhcf IS, l'^"*"- State that arnui-v Dstile military cxpe- orted that you iuv ,-iir for the oxiicili- »f the United Stiiti's ask vou what tvntli 1 will be pleased M le matter as it is m nore readily bccau^r aid not willingly aul on of the hiws, sov- [clvEON, t(l fitafes Attonvii. {mumnicaUmhtnam- Ltn/4, lS5S,//H't'()r- ttofWm.Widhrcuvl ^-imnujm. (Sec .Sen. the Secretary of the king the inforinatioii J instant, reciuestin? ^ 1 .5 '■■t u i A* «tl ^1 'V 070 THKATV OF WASHINGTON PAI'KRS ACCOMPANVIN(} At |<»1(»J •iiiid ciylitli .sections of flu' iK't of A|»iil LM>, ISIH, ninl liavc now Imtii ill force for ii period of more than sixty .yeiirs. The iiiilitaiy expedition, rendered criminal hy the act, must have it (ni;;iii, must " ho};in " or be " set on foot" in the United States: Init the yii'at object of tlie hiw was to save foreign states, with wlumi wi were at peace, from llie rava^^es of these'hiwless expi'ditioiis pictcecd in;;' fioiii oiir sliores. The seveiilli section ahnn', therefore, wliicli sim ]»ly n" of such expeditions to their consiiinmation after they liml sii(!ceeded in leavin;;' onr shor<'S. This has been done elfeetnally, ;iiii| in «'Iear and explicit laiij^iiaji'e, by (he authority ^iiveii to the l'resi of the United States " for the jmriio.se of iirevi'iitiiiji- the caiiyiii^ dn of any such expedition or enterpri.se from the territori<'s or Juiisdiction of the United States, a<;ainst the territories or dominions of imy [017] forei;^n * prince or stat«', or of any colony, district, or peoph with whom the L'nited Stat«^s are at peatte." For these rea.sons, had (Commodore I'auldiny intercepted the steaiiici Fashion, with (ieneral Walker ami (!ommaiid on boaid, at any jm ridil before tlu'y entered the port of San Juan de Xicarayua, and coiidiictiil them back to iMobile, this would have prevented them from "<'arryiii,i;(in" the expedition, and have been not only a justifiable but a praisewoitliv act. The crime well deserves the puni.shment intli It violat<'s the i>rin(;iples of Christianity, morality, and humanity, luli sacred by all civilized nations, and by none morc! than by the people oi the United States. ])is<;uise it as we may, su<;li a military expeditimi is an invitation to reckless and lawless men to enlist under the It niinr of any adventurer, to rob, plunder, and murder the uuotfendinj;' citizi'ih of neij^hborinjj; states, who have iiover done them harm. It is a usui pation of the \var-makiii<;" power, which belon;';^ alone to Con^jiress; ainl the Government it.self, at least in the estimation of the world, lOlS-] *becomes an acc(>m[)lice in the commission of this ciime, iiiiU'ssit adoi)ts all the means nece-s.sHry to prevent and to punish it. It would be far better, and more in accordance with the bold ami manly character of our countrymen, for the Government itself to yet up such expedition.s, than to allow them to pioceetl under the commamliti irresponsible adventurers. We could then, at least, exercisi; some vm- trol over our own a<>ents, and prevent them from burning down citii^ and committing otliiu- acts of enormity of which we have read. The avowed princiiile which lies at the foundation of the law nii nations is contained in the divine command that, "all things wliatsH ever ye would that men should do to jon, do ye even so to them." Trii' by this unerring rule, we should be severely condemned if we shall iml ii.se our best exertions to arrest such expeditions against our feeble sister! republic of Nicaragua. One thing is very certain. Tiiat people iie\ rl existed who would call any other nation to a stricter .account than «'| should ourselves for tolerating lawless expeditions from tluil [G19] shores to make war upon any portion *of our territories. M tolerating such expeditions, we shall saon lose the high chaiactij which we have enjoyed ever since the days of Washington for the fa ful performaiuie of our international obligations and duties, and iiis|)ii| distrust against us among the members of the great family of civili/1' nations. ^1.1: >A^'YIN^. S, niul liavr now I't, must have its jitod rttntt's: Inn s, with wlxmi wr MMlitioiis pnut'ctl •i'foir, Nvliit'h >"" ' Itei'U iiiinlt'<|iiittr tioiial tliitics. Ill inrvnit 'MhciMi )U after tlwy lin'i lU' eltVi'tuaUy. ami u to tlu' rr('si'H In so to them.;^ in*' Imuedif we shall ui lainst our feeble siste Tliat people w^'^ «jter account than « ^editions from tlu' 1 our territories. i»l Ise the high <^^^fm Ihingtou for the ta 1 Id duties, and u^f^l lat ftunily of civili^'" corxTKii CASK or Tin: T'nitkd staiks. (m1 liiit if motives of (buy were not sullieientio restrain ns from «'Myagiiig ill siieli lawh'ss enterprises, «Mir evi«h'nt interest onj^iit to dieliite this policy. These expeditions are the most elVectiial moil( ol letardiiig American pr()gres.s; althon«;li to promote this is the avowed object of the ieadei's ami eoiitributors in such undertakings. It is, beyond e/- jA similiir Ictfci- to the al»()V«' Wiis inl(lr<'.ss«Ml to ('(HiiiiiiiiHlcr Tliiitclici. i«'ct, and ti' nr^ic you louse all due dili.^ciice to avail yourself (»f all lexitinintr means at ycMir command to enloi-ce these and all other provisions oi the sai rchitive ic such expeditions. I am, sir, your obedient servant, , L. CASS. [Inclosiiif Xo. :J. J Xayv DKi'Ain':MENT, October 'A, 1S.>7. SiiJ : I am directed by tbo President to tran.sniit to yon for your ^iiid ance the accompanying' circidai-, wliich lie has caused to be issued freii! the State Depiirtmcnt to vaiioiis civil ollicers. You will reyani |0l'4j the instructions contained in it as addressed to *yourself. A copy lias also boon sent to Comniaiider Chatard, at San Jnan del Xortc, with similar instructions. The Department has directed liieuteiiant Aliny, coniinandiiig the Fill ton, to iiroceed Chiriqni, and rejxirt iioui there by letter to you as form \u}£ ti part of the squadron under your command. Transmitted here with tor your information is a copy of his instructions. Verv respectfully, your obedient servaut, ISAAC TOUCEY. Flag-Ollicer H. Paulding, U. S. X. Commanding Home tSqiiadron, AfiXjiniccdl, New Granada. ,n(l»>r Tliiitclici. ,.\v lliunp^liiv*'. Sun rniiM'isco.l COIlNTKIf V\SK nl' IIIK I .Niri;i) STATKH. (>7.i T oi- St ATI',. rmlxr l-S, l'^'»'- t, llii'vo is rcasdii tiiin tlic limits ut ,. iMciUis fov uiili lovics of Mexico. Tiiitctl Stall's arc '. .^^.\ of ('Diiji'it'ss. ■ctiou of tli«' s;ii(l 11 as 111' sliall fill- ,(. riiiti'tl Statc^. ,.utin!4- 111*' <•='>•>:> ,„n till' ti'nit(nii> tln'ivfori', ilnvi'tct! n> subji'i't, anil l" f of ail li'j-lliaiiit" other provisions ol „;iv 1h' I'ouihI tolif Ln'Mlilions a.uauist so nianitVstlv i»vf- \\'.v national inter o e .iinnunieat*' tc eeeiM' relative tc L. CASS. ^, October :{, l'^")'- voii for yonv j;ni*l a to be issnoil fro"' ^ You will ri't;aiil .«! to *youvsolf. A Ld, atSiiuJuau dvl Miunaudiug tlu' F«^ ■ttev to you as iovui- Tiausmitted Uero us. jAAC TOUCEY. I, Kew Granada. \ IiH'liiNiirc ('. ) llNriKl* SlATKS KhAli Sim* Wauasii, 0[f' Sail 'hum iici Sinti\ Ihrrmhrr 11, 1857. Sill: This will W liamleil Id you by (ieiieral Williairi Walker, who |i:iH .u;iv<'ii iiM> Win paiole of Imuor that he will ])i-eseiif it to yoii in per son. With the naval force of this sipiadron. I arrested (Jeiieral Walker on I'linta .\renas, on the Sih instant, lor a violation of Ihe lu'Mtrality laws (if the rnited States, he Inivinj;' set on foot in the I'niteil States an nnlawliil military oruani/ation to make war upon a jx'opio iil'j,''»| *with whom wf" are at peaee, and was. nt the time of his arrest, at the head of .said or;;ani/ation in the aet of nnikin;;' war, ii.s iiliovc stated. As marshal for the southern district of New York, I ei»nsi;.'u him to \i)ur eusiody. I am, sir, v~il. SiK ; My letter of the iL'th (1 ItliHnstant inlbrmed the )ei„iiinuint ili;it I had broken up the camp of General Walker, at Puntu Ariums, liisarined his lawlc.s.x followers, and sent them to Norfolk in the Sjira iii;'ii. The jyencral canu; here with nu', and will take piissu^e in one of liic steanuM's tor Nl York, where he will present himself to the rmtr- ^ll;ll ot the district. file I)ei)artment beinj;- in jtossession of all the facts in relation to Walker'.s escape, with his followers, fron» the Tnited States, li.'tl] *iis well as the letters of ( 'aptain (Jhatard and \Valker to ^n^ after he landed at I'oint Arenas, the merits of the whole ipu'stion will. 1 ]>resnnu^ be fully comprehended. I could not repird Walker and his folhtwers in any other lijjfht than .i> outlaws who had I'scnped from the vij^ilance of the ollicers of the ['iiivcnunent, and left our shores for the purpo.se of rapine and iiunder, Hill 1 .saw no other way to vindicate the law and redeem the honor of "HI country than by disarminjjj and sendin<> ihem home. In doiny' .so I [mil .sensible of the res]»onsibilily that I have incurred, and coididently liiol; to the (Jovernment for my Justiticiition. Itc^arded in its true lij^ht., the ca.se appears to nu^ a clear one, the lliitiiits few and stron;;'. Walker canu; ti» Point Arenas from the United States, liaviiif^, in vio liitiou of law, net on foot a military organization to make war upon a •lople with whom we are at peaee. lie landed there with armed men [I'lil munitions of war iu deliance of the ftuns of a ship of war placed there to preveiit his landing. -^] With nothing to .show that he icted by *authority, he formed a eamp, hoisted the Nicaraguau ti, ^,. called it the " lieadipmrtesrs tile army of Nicaragua," and signed ^•dl.self the commander-in chief. 43 a 674 TRKATY OF WASHIXUTOX rAI'KRS ACCOM PAN VINT, 'n U tJ I'^m > l»i Willi this pivteiision \\v elaiineil the li^^ht of a hiwlul {ft'iu'rai ovei ;i persons and thin<;s within si«j;ht of his rtay. Without iij;ht or authiuii lie huided tifty men at the nioiUh of tlie river Colorado, seized the loi of Castillo, on the San .luan; eapture They eaii have no claim to be rejuraded in any other lij^lit. Humanity; as well as law and Justice and national honor, demaiiiJiM the dispersion of these lawless men. The remnant of the ndserable bein^^s who surrendered at Hivas wcii conv«'yed in this ship last summer to New York, and their sutlci [♦»28] inys are yet fresh in the memory of all *on board. liesides the sutterinj;s that wouhl necessarily be iuHicted updi an innocent and nnottentlin.u i)e«)itle. these lawless followers of (Jeiura Walkei, misjiuided and deceived into a career of crime, would (htiili; less have perished in Central America, or their mutilated and festerin, bodies have been brou«j:ht back to their friends at the expense of tlii-ii country. For the above reasons, which appe.ir to iny mind quite suflieieiit, 1 have disarmed and sent to the United States Gi'ueral ^^ illiam Waikii and his outlawed and pinitical followers for trial, or for whatever acliun the (Jovernment in its wistlom nuiy think i)roper to i)ursue. Cai>tain Oinmanny, of Her liritannic 3Ia,jesty'sship Jirunswiek,otl'i'rii| to co-ojierate with me in removing;- the pai'ty from Point Arenas, biit;i^ they were my countrynien, 1 deemed it proper to decline the particii'.i tion of a foreign tlay;. I am, sir, vours. vS:e., »&c.. 11. TAULDIXG. Fhuj-Ofikcr. cnmnumdiny home .squadron Hon. Isaac Toicev, /Secretary of the A'«r^, Washin(jton, l>. C. HV29\ *.\rr. Kentttdy, I'nitcfl St((ti'S marshal, to Mr. Blaclc, Atton\< General. UxiTKD States Maijsiial's Office, Xew Orleans, November L'."), 18."i*> Sir: Your letter of the 10th instant was not received by me until i or three days after it was due. Havinj; seen the rei)ly of the L'liii States attorney for this district to one of a. similar character from v Department, in which he put you in possession of all the nated as the Southern Eunf^rant Society, were arrested m brought before the ji^rand jury of this district, and examined toiicliiu the nature and object.s of sjiid society. Nothing having been oli"' ■(III IMPANYINO svt'ul y;tM»enU over ,ill at ii}«iit or iuithoiiiv ViUlo, SVlM'd till- loi: iml the jioods of nil' iia«le juisonurs of tin- Juan »l«'l Noiti.' si.m.' 'ainei- Mor,uaii. irity tlu'.v were jiuiliy outlaws and l»irau■^. IT li};»»i. ual honor, deinainlcl 'iidered at llivas wtn i'ork, ami their siitfi-! boanl. arily be intlieted ui>.i!i s t'oUowers of (leium; ,f crime, woiihl doiil.; utihiteil and festvim. t the expense of tlni! iiind quite sutlicieiit, i 'neral William \Valk< , or for whatever a«tioi to i)ursne. shipliiiix'^^^i*^^^'^'*'^''"' lu lN>int Arenas, but » 10 decline the partu ii'. I. TAULDINO- mdiny home iHLuadmi COUNTER CASE OF THE INFTEI* STATES. i'ilU from them whicli would be constrncd into an intent to violate our neu- trality laws, the witnesses were diseharj;cd and tin* matter dropjK'd. Since then nothin**' has transpired to alter the complexion of tlie snb- jpct. You may rest assnred, sir, of my zealous co-ijperation with the (}overnnuMit in maintaininji; the inviolability of the neutrality laws of the United (States. Very respectfullv, &c., JOS. M. KKNXEDY, United Statex Marshal, eastern district LouiHiarm. Hon. J. S. Black, Attorney-General of the United Statf^s. 'C)W\ *Mr. Semmes, district attornei/. tti Mr. fiUtrk, Attorncy-OeKeral. United States Attoknev'.s Office, New Orleans, Louisiana, JPecenilirr L'7, 1858. 8iR: Your telegram nnder date iTith instant, statinir " that all luojK'r and necessary expenses incurren of the laws will oi ooin\se be allowed,'' has been received. I shall take no action involving expense unless ciri-nmstances impera lively re(inire it, and then only after consultation with the marshal and collector. Very respectfully, Tiios. J. si:mmi:s, United StatcH Attorney. Hon. J. S. Black, Attorney- General United States. ■)'':^ 6*- ■:>-'■ Mr. lilaclc, Atti>n>, IISIIAL'S OFFIi'E, ,ts, November lir>, IS'V eceived bv me until i' the replvof tl»e L'mH hir character from vo'i of all the circumstamt > to the ilate theieoi. 1 between his said n!'] should arise worthy >h day of this month'' fh connected with a i>'^i| letv, were arrested ' a\id examined toiulii'l ing having been elic- ipartment are without foundation. I am deeidy impressed with the views cxpresse«l in your letter, and rhall not fail to exert a watchful vigilance to detect and frustrate any [lUteiiipted violations of our neutrality laws. Very respectfully, your obedient servant, HENRY C. MILLER, United Stat ex Attorney. , Hon. J. S. Black, Attorney Qeneral. «70 TREATY OF WASHINGTON PAPERS ACCOMPANYING 1^ '■ k ,■' ^i'- ithilj *Mr. Miller, diHtriet attorney, to Mr. /iUwl; Attorney- Oeneral. Office United States Attorney, Neic Orlcann, September 0, ISoj). Sir: Hmcv my letter of the 1st in regard to a reported hostile expedi rioii ;i;,'aiiist Niciiragua, said to be in course of preparation here, reportis have reached me that movements are in progress here, looking to a vio- lation of the laws. It is said that men are now being enlisted here for military service in .Mexico, either f()r or against the existing government there, and in either event there would be an infraction of the laws of the United otates. My intelligence is too vague; to permit of any action now, and I Iiavf contented myself with oflicially calling the attention of the marshal to the subject, who was previously on the alert, and I shall not iail to exert ii strict vigilance in the premises. I «leem it proper to make this communication, because when I last wrote not even a rumor of an iin lawful enterprise prevailed here. Very resi»ectfully, your obedient servant, I^<:^'RY c. miller, United States Attorney. Hon. J. S. Black, Attorney-Oeneral. a-1 I !• I . Mi m 1 H iff .T75i---J Mr. Hateh, colleetor, to Mr. Buchanan, President. Custom-House, New Orleans, Collector's Office, September 2L', 18r,!». Sir : Heferring to my letter of yesterday's date, I have the Ikwioi to annex above two notices cut from the New Orleans Crescent, of this date, which ge to strengthen the suspicion of an intended illegal exic dition. r»32] *This 11. Maury 1 presume to be the captain of the schoont'i Susan, which escaped from the United States authorities at Mobile, in the nu)uth of December last, and ujct with a disastrous ship wreck in the l>ay of IJoiuluras shortly after. I have made diligent inquiries about 111! Exchange Place, and leain that it is a room or alley connected with a large boarding-house froiitini: on another street, in which Ceneral Walker now sojourns. If the expedition is really to start from Mooile, then the cutter Wash ington ought to remain under the control of the collector of that district; if, on the other liand, this advertisement is oidv a blind, and the expedi tion is to depart from the islands before referred to, as my informant still believes, then all the force the Government intends to employ td arrest this movement should be placed at such ready disposal is tii cum.stances may justify from time to time; and further, if tlii; dr parture is to be made in a steam vessel, it may require a vessel of tlii^ kind to prevent it. • Waiting any instructions or information you nuiy be pleased to (oin iiiunicate. I have the honor to be vour obedient servant, F. II. HATCH, Collector. James Bu('iianan, President of the United States, Washington^ D. C. eyOeneral. TTOUNEY, temher 0, 1S5J). (I hostile expedi tiou here, reports looking to a vio- lilitnry service in 'Ut there, and in Mi of the Unitcil I now, and I liavc )f the niarslial tu shall not tail to iiper to make this I riunor of an un mites Attorney. QRLEA.NS, ptember 22, ISf)!). have the h<^uoi' to s Crescent, of t\\\> ended illegal ext.c in of the schooni'i tes authorities lU I a disastrous ship .(! Place, and leain ling-house frontinj: Durus. ^ II the cutter W asli tor of that district ; ju\, and the expeili o, as niY informant tends to cniplov h> idy disposal is ^;" urther, if th.; di' ire a vessel of tlib !(;331 COUNTER CASE OF THE TNITED STATE.s. *Mr. Hatch, collector, to Mr. BuchutKin, President. 677 CusTOM-IIousE, New Oui.ean.s, Collector's (Office, September 27, 1850. Sir: 1 have had the honor of reading a letter addressed by you to the lion. John Slidell, with the ait.'(uupanyiiig edition of General Walker. The letters of Attorney-tieneral Black to the United States district attorney ami I'nited States marshal of this district w(ue shown- to me by those (ifficers at the time they were received by thenj, and my co-oi>eration to prevent the fitting out and departure of such expedition was solicited. Tiiis assurance was i)romptly given, and detective olficers of tl.'isdepart- iiieiit have since then been diligently employed in endeavoring to ferret out the existence of such ])arties, and the ])eriod of their intended de- parture. The facts reported to nu^ are the arrival of Walker in the city, and the ruMJor that an expedition is in the progress of preparation intended for some part of Central America, and expected to depart from the 1st to the 20th proximo. My informant thinks the point of departure will be from some of the islands on the coast lying between the mouth of the Mississippi ami ^lobile Point. Siiice the information cominuni cated to me by the United Stat(!S attorney and United States iii'UJ marshal, I have used all the means *in my power to detect the existence of and prevent the dej)arture of such expedition, and am not aware that any ettective uu'asures have been taken, except such lis have emanated from this ofiice. I beg to assure you that I shall use every exertion to make the dei)artnuMit under my control as eiiicient in nirrying out the wishes of the Covernment as it proved itself on a similar occasion two years since. In the performance of this service, 1 shall not oidy act in conformity with my duty as a public officer, but in obedience to my sentiments as ii citizen and a man. In order the more eftectually to carry out your wishes, 1 respectful! \ siisji'est that the revenue cutter Washington, now stationed at Mobile. liei»laced at my disposal, with entire authority to direct the movements i»f that vessel, with such instiuctions ami information as you may deem iiilvisnble to communicate. J hav(i the honor to be. &c., l^. H. ITATCir, Collector. .UmE« r>Uf!HANAN, President of the I'nited States. Mr. Miller, district atfornei/, to Mr. liluck., Attorney-dencral. [TcIeKiiUii.] New ORf.EANS, October 7, 1850. •Ion. ,1. ii. Bi.ACK, Attorney-General : The marshal telegraphs the filibusters are (captured. Maury and Miderson are among theui. Thev surrendered without resistance. IIENKY C. MILLEK. V'.'i ;.t'' 4"^^ 678 TREATY OF WASHINGTON PAPERS ACCOMPANYING [(Kif)] *Mr. Miller, districf attorney, to Mr. Blael\ Attorney General. [Telegram.] New Orleans, Oetoher 8, 185!). Hon. J. S. Black, Attorney (lencrnl : Four of the loadois of tin* Nicarajiua expedition aiiai,ijnes, and to nse tntops if necessary. Think the exi)cditioii is frnstrated, and that prosi'cution of leaders alone is most Judicions, If you sanction, will have tliesi; .seventy subordinates discliarjjed on their own reeos'iii/anccs. Pleiisu give your views as earlv as possible to-dav. HENliY C. MILLER. ■.n't Mr. Kennedy, United States marshdl, to Mr. Blacl; Attorney-General. [Telegram.] New Orleans, October S, 185!i. lion. J. S. Black, Attorney General : 1 returned tliis morn'inji' from Southwest Pass with about seveiitv five {uisoners, which I left with two of my ollicers at the barnicks. the plac" designated by the <;ollector, and four of the leaders, Aiider son, Maury, Fayssoux, and Scott, who came with me to the ^it.v to appear before the commissioner. Their arrest was accom[)li.siii'tl| without the military, which was kept out of si}>ht. they declariii|i> tliiit[ they surrendered to the civil power alone. When they ])or(!(Mveil |«)o()) the trooi)s on boaid the stcanu*r, their *excitement was niicon trollable, and if I liad nt)t retpu^sted Oaptain Kicketts to take lii> command on another steamer lyinj;' alongside, a scene of violence .iiid slaughter would have been the inevitable consequence, as these imiii were generally armed to the teeth, I may require the steamer foial few days for dift'erent purposes. Shall I keep her? It would beimprii dent (such is also the opinion of Captain Iticketts) to set a nii'.itaivl guard over the.se men, who have many .sympathisers here, and I linvi applied iu vain for assi.stance to the chief of police. Will you alk'viiiti| my immense responsibility in this matter, by suggesting some incaii" by which I can .secure their custodv. J. M. KENNEDY. United States- MarslKtl. Mr. Miller, distriet attorney, to Mr. Blaek, Attorney-General. Oj 1 ICE United Siates Attorney, Kcic Orleans, Oetoher 10, 18."i!t. Sir: I wrote you yes'erday detailing proceedings had in coniioctioi| with the pending prosecutions for alleged violations of the neutrjilitfl act of 1818. Since that time, evidences have multiplied against the stoaiiislii|j JMuladelphia. She had ou board muintions of war, and moreover cirj eumstances indicate that after her detention by the collector attoiiiptf were made to destroy or nnike way with that portion of her cargo, ^^f are of the opinion that when 400 tons of coal are taken out of \m PANYING mmjGencral , Octoher 8, 185!). vaisnod tliis morn Marshal has iihonl lor his instructions ;, and to ns«' troops ul that urosi'cution ni, Nvill hiive theso (o-nizances. rioasf UY C. .MILLEIi. Aitorwij-Oencral S, Oc'fo/>e/- 8, ISJil. with aboiit seventy ;»rs at the barracks, the letulers, Audtn ,ith me to the tity st was acconiplislu'd . they aeclariM.u- tlint ,Vhe"n they perceiviMl :citenient was uiicoii Kicketts to take lu> ^ene of violence aiiil| fience, as these \m |e the steamer for ;i| It wimldbe iuiimi Its) to set a nii!itiin| ivs here, and I Imvi Will you alleviaiii ;f>esting'some uu'iui^j .. KENNEDY. Vited states j1/<'»>7((|/. COHNTKK CASK OK THE UNITED STATES. 679 fnrtiier discoveries will he made. She will be seized this morninft- and lilii'lled, under the third se<'tiou of the a«!t of ISLS, and as F wiite the lollector ollieially informs me of the seizure and instructed proceed inji's. :ii:i7| Tiie i)lan of the mdawful expedition I think, imw, *is (tiearly and unmistakably reveah'd, and tln^ suspicions ai.;ainst the I'hiladelpliia have ripened into convictions. I am now actively eiu- |)|o,ved in the nu.asnres incident to obtaininj;- proof, whi<^h will be needed in tite prosecution of the leaders of the Ni(;arajiua expedition, and main taiiiiufi' th(^ libel ajjainst the Pliiladeli)hia, 1 am stronji'ly of ojtinion iliat parties in New Yoik are privy to these unlawful desij^ns. I ()uj»ht to have rei)orted t() you yesterday, that, under your instruc iiDiis i>er telej;r,iph, I emi)l()ye(l the tow-boat I*. F. Kimball to (tarry (iinvii an«l brin^!4- back the troops, and disitharged her when that servicti \v;is completed. I inclose copies of letters, which are a part of the history of the arrest 111 Maury's party by the marshal. They retjuire no comment, ami the iiiiiters tliei'ein referred to shall receive due attention. In the policy 1 have coiic(;ived tor the i)rosecution of these olfenderc^ I ilistinj4uish l)et\veen the prosecution of the leaders and theii' deludeil ;iii(l miserable follow<»rs, who are )>erfectly harndess without the aid of iiiiscliievous men to j>iut of the law which the people were enabU^d to nmnifest. i).iS| 1 shall continue to furnish you such important in*fornuition as I deem interesting to the Government. The newspap<'rs hero iiv (iisalfecled to the prosecution of these offen selecte(i the accounts transnntted as the most truthful, and from which you can gather the prominent features of the evidence. Wit)i regard to an examination before a coinnnssioner, under thecir- ^^^^_ , "•iistances I was opposed to it. I had recpiested his honor dudge Me- re taken out of l"'^ alch, of the United States district court, to be present, and he hvul Xitorney-Oenertd. Ls ATTORNEY, |,.s, Octoher 10, 18:>!'^ \m had in connection HIS of the neutialit)1 • ainst the steani>*l ir, and moreover cir lie collector atteuf ton of her cargo. \ \ ^v 680 TKKATY OF WASHINGTON J'APKK.S ACC^OMrANYlNG complied, sunl I r()nt(Mni)l}ite«l lii.viiijn an iii(li(!tnH'iit iM'fore thti uraiiii jury as soon as the jiul;;<» couM a'lw his charin'. Tliis cliaru* was j-ivcn ycstcnlay, and is ((intainod in one of tlie nowpnueis s«'>it to yon, |*{8J)| (tlic IMcayune of this (hitr,) and the ynind jniy ajc *?•■■ iiivcsti j^atinji' the subject. Whatever is the, result l)»',fVu" .,c coiniiiis sloner, 1 shall not «leeni my duty perfoiineroof aiL-ainst tlie aeeiiscd is dittieult, and 1 Tear cannot l>e obtained. This e.\p(Mlition was rrustnUcii by intercejitinji' its means and arrestin<;' by judicial process the lufii comi»osin^' it lietbre it had reached that point when its real cliaiactci would hav(^ been uuule mauilcst and easy of proof. The pro-jf addiucd is ample to pnxlucu' moral conviction, but so jn'uarded have been tln' movements of those c^Mujiosin;; it, and so secret the ajien(;ies by whidi tlie real objects of tlu' exi)edifion have Ium'U controlh'd, that it seems impossible to briny ju'oof lu'cessary to fasten eiii blajj;e of unarmcil and ili-i)rovided men who were arrested aiMl bron^rlit bat'k to Ihis city from the passes of the ^Mississippi Itiver, whither tiicv had }jfone evidently to await tin, \ esse! provided to cairy tlieni to tluii ultimate destination. That this vessel was intemled to be the stciiiii ship IMnladelphia, the circumstances strongly inj either perjured themselves, or the inllueiu'es which *liave crcatnl the relation sou,uht to be established are too deeply hidden t(t 1"' •ietected. ily labors in the nuitter are not yet ended, and will notceasr until every channel of inlbriiiation is exhausted before the yrand jiin. I call your i)articular attention to the evidem-e as rejiards arms aiiil nlunitions of war bein*;' placed on the Philadelphia in New York, ainl uiuler circumstances that indicate it was done for no lej^itimate l)urpl)se^. 1 have already apprised you 1 have lilxdhd the Philadelphia. The dc velopnu'nts in the evidence indicate that judicial investij^ation in New York would be appropriate. The nu'asures adopted here have had a most salutary elfect. Tlnv will deter the rejietition «)f thes«' aboitive attempts, as silly as tlu'v aiu illegal. I directed the own«'r of the boat chartered by me to take ; tli«' evisteiico '>t' .my icvolutioiiars iiiovcinciit in tlu^ island of (Jnha anionu' tlic iiiliabitants of til at island. Tlu' <'-orn'S])ond«Mi('C' snl)nii(l«'.l discloses, howj'vcr, tlie fact that repeated attempts have been made, nndei' the dircc tion of foi- I'jijiiers eiijoyinj)- the hospitality of this conntry, to yet np armed expe- ditions in the United wStates for the jmrposM ot invadiiiii' Cnba. It will be seen by that correspondence that this (lovernment has been faithfnl 111 the dischar<:fe of its treaty obli<>'ations with Spain, and "in the exeen- tion of tile acts of (Jonyress which have tor their obje(;t tlKMuain- :ii4'2] fenance, in this rej^ard, of the j)eac.e *and honor of tliis country. Z. TAVLOll." VVasiiincton. 'June 1, bSol. ■Iiihn M. Clayton, Secretary of State, to thr rrrsirlrnt of the United States. Dei'ak'J'Mknt oi' State, Waslnnf/fon, May .'Jl, 1S5(» The Secretary of State, to whom has been referred the resolution of the Senate of the li3d May, requesting,' the President of the United States ''to inform the Senate whetluu- any, and what, information has liueu re' copies of i>ai)ers, which contain all the information filed in this Dep.irtment I'elatini;' to fhc subje(;t of that resolution, and the armed expeditions which have, ti'oiii time to time, been set on foot in the United States fortius invasion ot Cuba. liospectfuUv submitted. .lOIIN .M. CLAYTON. r ,f ( * I 4 ■ .'//•. < 'lay ton, Secretary of State, to Loyan Hniifon, esv/., llnitetl States attorney for east dislrUt of ijoni.siana, Xeiv Orleans. m\ Dei'Aiii'ment of State, Washington, Auyust 8, 184!». *SiR: Information hasbelit 1iuim1i('<1 men ii;!' to oiiibark Irom Cat Island, or soiiki otiicr point near New Orleans, on board the steamer Fanny, between tlie L'Oth and L*r)tli of tliis month ; tiiat |<544] *('olonel l»is<'oe, of New Orleans, is (ioncerned in tlie enteipiisc: and that Whitney & Co., of New Orleans, have on hand ! aid in fitting ont the exjM'dition. It is also said that ChailcsC. (>anj]»bell, of New Orleans, (who, if my informant be rij^ht, is in some way connected with that firm,) is to be one of the ollicers. 1 unishment of certain crimes against tlic Unite«l >Stat<'s, and to lepeal the acts therein mentioned," you will sec that it is i)rovided in the sixth section " that, if any person shall, with in the t<'rritory or jurisdiction of the United States, be<»in or set on foot, or provide or i>repare th<^ means for, any military expedition oi enterjirise, to be <;arried on from thence af-ainst the territory or , lf. My Dear Sir : Business of great importance to the interests of yoiii g:overnment recpiires your immediate presence here ; and I hope to sec you at Washington as soon after the receipt of this note aa your con venieuce will possibly allow you to repair hu^er. Verv respectfully, &c., &c., JOHN M. CLAYTOK Don A. Calderon de la Barca, c&c, cDc, ctrc, Glenn Core, Long Inland. COUNTKK CASE OF THE UNITED STATES. 6H3 Mr. Clayton, Sfcrctari/ of ^tatc, to Mr. HnU, tiistr'ut attorney, [Coiilhlmtiiil.] Depatm'mknt or State, }y((sliinf)ton, Ain/n.it 10. 1S40. Sir: Iiifonnation has Ikhmi receivod sit this Drpiiitiiiciit that an nriiuMl expedition is about to be litted out in the l.'nitcii Stat<'s witii an intention tr, invade tlic ishmd of Cuba, and that <-eitain persons aie at this tinu' eni^af^ed in eidistiny and driliinji; sohlieis at sev«Tal points on our Athintie coast, one of whieh is the city of New York, to i>e employed ill this hostile enterprise, in viohdion of our hiws and oui- conventional obli;;ations. The President, anxious to maintain the honor and [1147] peace of the country by the faithful disclnnj^e of his *duties towaid u iViendly mition, dire(!ts nn; to call your attention to this ;i|)I>rehen(hMl infraction of our laws, and to invite y«!U to institute an intjuiry with the view of ascertaining? whether any act in violation of those laws has been committed or is ort the result of yimr proceed inn^s and investigations to this I)epartm<'nt. 1 have the honor to be, very respectfullv, sir, yours, &e., ,]Oliy M. CLAYTON. f.Same to J. ^V. Ashmead, esq., LTnited States district attorney, IMiila- (ii'lphia; AV. L. Marshall, esq., United States district att«>rney. Jlalti- iiiore ; George Lunt, esq., United States district attorney. Boston. ti48i *By the PrvsuUnt of the United Htaten. wr "« ' ' ♦ . ': i ! U,' <■ \ i j' ' ' >i ' . i •. 't r '<[% .■! A I'ROOLAMATION. There is reason to believe that an armed expedition is about to be fitted out in the United States with an intention to invade the island of • nba, or some of the provinces of Mexi('0. The best infor;nation whicli tlie Executive has been able to obtain i)oints to the island of Cuba as the object of this expedition. It is the duty of this Covernment ♦o ob- serve the faith of treaties, ami to prevent any aggression by our citizens upon the territories of friendly nations. 1 have, therefon*. thought it necessary and proper to issue this proolaination, to warn all citizens of the United States who shall connect themselves with an enterprise so ;aossly in violation of our laws and our treaty obligations, that they will thereby subject themselves to the heavy i)enalties denounced ajjainst them by our acts of Cotigress, and will forfeit their claim to tne piotection of their country. No such persons must expect the interfer 'lice of this Government in any form on their behalf, no matter to what extremities they may be reduced in consequence of their conduct. j M^ An enterprise to inxade the terri*tories of a friendly nation, set on ,4, ,. in 684 TWKATY OF VVAHHINGTON I'AI'KWS ACCOMPANYING I* '.i •J , -'' If f 1 ' > : I If. ' I h \r "" -inn ii» Fi^^ll foot and inoscciitcd witliiii tlio limits of tlu! United Stntcs, is in the lii}.du>sf doinrcn criujiMid, as U'lidinj^ to t'ndiin;,'('r tlic pciico iiiid coin pronut tlic lionof of tliis nsition ; and. tliciofon', I exhort all flood citi /ens, a.s they re;;,ird our national repiitiition. as they respe(!t their own laws and ihe laws of nations, as tlu-y vidne the hlessinjus of pciicc anil the welfare of their eounti-y, to discronntenance an«l prevent, hy nil lawf ;! means, anv such etiter|)v«se : and I call n|)on every ollicei' of this (jovernment, civil or ndlitaiy, to asi'all elVorts in his power to arrest lor trial and punishment every snch offendei- afjfainst the laws pnjvidini;' tor the performance otonr sacred ohlifj;ations to fri»'n«lly powers. (xiven nnder my h.iinl the eieveuih Uity of AJiyiist, in ihe year of our Lord one thonsand eij-ht hundred and foi- y-nine, and the seventy fourth of the Independence of the Uinted Stares. /. TxVYLOH. Hy the I Resident : .}. M. Clayton, iSecrefanj of State. Ar(iiST II, l.St{>. |(».5(>J *,]//■. Cidi/foii, iSccretari/ of Staff., tit Don A. Vahlenm ile la Barm. Dkpautmkn r of State, WasJihn/tou, Aiujti.st 17, 18-1!». Don A. ('Ai-i)EU(^N i)i; lx Barca, ctr., ject of the (U'si^ns of certain persons in this country to aid and abet in an alleged enterprise to (lis turb the trampiillity of the island of Cuba. That the Government of tlic United States wholly discountenances ami ("ondemns the desi<«iis refer red to, and that it will earnestly and in j»ood faitli do all that lies within its ])ower to defeat those desif^us, will not be doubted by the Spjinisli minister, or by the j'overnment which he so zealously and faithl'ully represents. Tlu' President's views upon the subject have been niosl fr. nklyand sincerely iaiparted and expl}nne.v :ill •y oUicJ'r of this or to iincst till s provitliuj:' toi vers. ihc vciiv otinii (I the si'vi'iity /. TAYLOR. Mr. Clai/ton, ScrfTtHrif of State, to tltnlistrirt ottorm\i/i>f A hihaiim. I ConlidtMitiiii.— Telfj^ram.] DEI'MMMKNT Of Statk, Wdtiliiuiitoii, A Ill/list L.'.'), 1841). The United Statks Distuict At'ioknkv, Mobile, Alahmita : Sir : The (tomniiiiuler of the j^nnisoii at tlie fort ha.s been iii- (I'tL'l strueted by the War Department to advise and *<<» operate with you in rejjard to the best nu'ans of arresting' tli<' jtiouress of all persons within your distriet enjjfajj^ed in the expedition against ('nba. Tile President's proehunation and tlic act of liOth Ajnil, IsiS, contain ;iil the instrnetions wliieli it is luuM'ssary for me to jjive you. Kespectfullv. V(Uirs, elOIIN M. ("LAVTON. m lie la Bonut. TE, KJHsi 17, IS-l'.t. satisfaetioii ofii the envoy extni Majesty iiear this ['I'ipt of his exn;l ■si 5^1 IS (»f ei'i'taiii L'litei prise to (lis [)veinuieutot"thi' he desi-iiis reft r I that lies within bv the Si);\liisli y and faithfully iiave been most Idcron on vi'riuus he new niinistfi. iid instructed to iiiii'Mtt of Spain. will be kept over made, within tiif (• island ot Cuba. iws, have alreatlv Ires that may he ff our treaty witli ,he Executive ol gned takes this )y of that iustvu jst and evideiu'c ic Majesty, thc-u lieir sense of tlu' I to renew to Mi. ion. [. CLAYTO>. Mr. Clayton. Secretarij of State, to Mr. Hall, tlistricf attorttey. [Conlidt'iitial. — T4'lei;riini. | I)ei'Aut:\ient oi' Sja tk, ^yashinyton, Sejttcinhe'- ('}, bS4!>. .1. J'RESCOTT Hall, Es(|., United Stateti IHstrivt Atfcrncif, New York : iSiR: Your attention is again called to your iustnu'tions respecting the expedition against (.'nba. Arrest any vessel engaged in it. We k'iiru here that they are about to sail. Y'onrs, re.si>ectfnllv, .]. M. CliAVTOxV. Mr. Clayton, Seerctary of State, to Mr. Hall, district attorney. [Coiifuleiitial. — Telcjjiaiii.] DEI'AKTMENT of S'J'ATE, Washinyton, Septcmher (>, 1S49. I. PRESCOTT Hall, Es(|., United State,s Distrief Attorney, Xew Yorl- : iliiWJ Dear Sir : In answer to yours, just received, I have to say, •ar- rest any man belonging to the Cuba expedition, against whom vou have whiic von deem to be suffiejent or reasonable evidence. J. M. CJixVYTON. Mr. Clayton, Secretary of State, to Mr. Hall, district attorney. [Confiflential. — Telegram.] Department of State, Washington, September 7, 1849. •I. Prescott Hall, Esq., United States District Attorney, New York : SiR: Act according to your own discretion in the case of * * * ; and- die vessels also. Break up the enterprise — that is the great ol)ject. If k- (■ Vti; M: i;l r;8(; Tiei'-ATV OF WASIIIN«iT(>N I'AI'KKS ACCOMI'ANYINC Mic (fOxcirinHMit liiiil n(» oflu>r niotiv(>,.it is all itiiporhiiif to save tlii< lives of the i;;rioiimt (liipcM of the pnjji'rt. Tlicir fate in (iiiha woiiltl he most (lisastrtuis. No viiKiictivc |>roc('»'(liii<;s ar(^ dcsinilth', in my jndu mcnt, alter the enteiprise is liioken up. » * • Very res[)e('tfitllNi, yours, .1. M. CI.AVTON. '- ) I ' r t.-'iSSilik'it ^ tt ^ff•. n a '4(m1 in the expedition a^^ainst ('nl>a," *1 eiuiscil tjic Sea-(iMll and New Orleans to hi' detained by the naval forces df the Tnited Slates, under which power they are now held. I could iKJt discover anythini; in the ac^t of ISIS whi(di eoiild si)i'('dily eft't'ctuati^ till' olij'ct you hail in view, exci'pt the eiy'hth si'i-tioa •, and I hope the power therein confeired upon the President, to e nploy the "land or naval forces*' in such an enu'r;;ency, will b;* I'ound (ihsir to justify oni- acts. [Jndcr this coiivi(^tion, fcalleil upon Captain >[i*.Ki>;nMM\ c:>!nai;iii(laiit of the navy-yard at Ilrooklyn, for a fonie ade([uateto make sei/ares; and he thereupon detaileellei' as auxiliary to her sails,) brought her up to the navy-yard, and placi'd her undci the <>iins of the North Carolina, where she now lies. He then, I»y a like ordi'r from me, phuMMl an ofUcer with a small body of m u'ines on board the Xi'W Orleans, (a lar.i'C sea {join •( steamer, l\ing at C;)rlears' IIo(dv.i to d<'tain her in harbor until further onlers. I «lid not take |)ossessiou of the Florida, as she was in no respiM i ready lor si'a, and because L thoufiht the seizures already made [(555J would be sulliiaent to ac*complish all your i)urp iscs. Since these arrests have Ihmmi made, I have been calh'dupon hy theowiuMsandayentsofthe Sea (lull and New Orleans, in rt^lation totliis matter, and they have very fraidcly adniitted all the facts ne;;es.sary to justify onr i)roceediujL»s. With regard to the SeaCulI, she is to«lis(!haro;e her (;ar,no, (which con s.sts entirely of arms and muMi^i<;f«-. <)f' war,) under the supervision of ;i proper authority, and her own(^i' will yive bond not to violat;' any law ^ lie, ill my jiKlu CLAYTON. ,1 of State,. YoWK, ,'S O I TICK, fn///-rrS, 1SI'.». to " iint'st liny '' *1 (-iiiscil tlir ' niiv;il roircs (tf (I. h('/.)ulil spiuMlil.v I siM'tioii ; mill I b, to 1' iip'oy till' i found I'ltiiir to er, (!;)Ml'.ll lUll'.lllt ,ik('S('i/in"t'^*;ii"'l Hi-. i> ii'ticnlar sim •ict, l>y i>iy oidi'i. posscssionof the n'lU'V ii-^ iiuxiliiiiv AmwA lii'V unilcr li'tliiMi, l)y aliKi' II vriiu's on boanl (',;)rUMr-s' Hook. I Its in no vesiM-it •CM iih'iMdy made Ip )Sl'S. Ml (!i\lU'd upon Uv ill i-eliitioiitothis iUits lun'-es.SiU'V to LrjU-o, (wliicli con [r s'\ipi'>'^''^'""^** '' 1) violat-' ivii.V law JpDii tlu'se tl'VUIS. iMfiHitiuiHy broken lol«>. Ih.vrtov-pavty, tan Ithc, use of till'. t'N- [, luiil tlie cluivt*! Jthat sliosliaUiiot limite bu.suiess tor r eaeb vessel uiitii col NTKK IA«K Ol' TIIK rXITKI) STaTKH. 687 ift.lCt) •With n';;;iinl to • • I sluill Iciivc liiiii for Hie prcMfiit, as he now is iiiidcr hail to ii|>p«'nr wlini ciillcil for ; Iniviiij; tlu' sis •*iiiiiiict's and pli'dycs of liis friend that all persons rnuatii'd intluM'.vpe- ijilioii will l('a\t the city witlioiil delay. 1 liop(> these eoiieliisions ^^il| meet your approliation : ' ii il° not, yon Iiav«' merely to ;^ive me additional insiriielions. which will ne i'liplicitly t'ldlowed. In this matter I have to say, that to ( 'olunel ( 'raiie and ( ' iptiiin .Mc- l\ce\er I am indelited tor the prompt inanncr in which th(\v ni''t my re- i|iiisitions, while the marshal in peism, without hesitation, exeiMitcd ull my insi ructions with entire propriety. I have not deemed it necessary to ^'o minutely into th'lails, because I suppose that you have received them all IVoni * • * wiio liiis a clear Unowledfic of all the facts. 8iicli expenses as liavi-i l«'en incurred will hii defrayed by t.h;^^ marshal mill charu'cd in his acctmnts. Willi ;ireat re.5i[)e(!t, vour ohi'dient servant, .). IMMvSCOTT IIATifi, Uuitcil tSt(it<:s Attoi'Hvy. Hon. John M. ("i-ayton, iSirrctary of State, Wdsliinf/fon. n Mr. ridiftim, Srrr. t'lrif of Stat", f;) .][r. II til, district aU/tninji. DKi'AirrMi-NT OP STArn, Wa.sliimjton, Siptniihcr 11), 184H. [1)571 *'^' l'iii-i«<'<>TT Hall, Ksij,, I'nital Sttitcs District Attornvji for the Sinithcrn Histrivt of Xcw York. 8iR: In acknowled}>iii^ the receifit of your letter of the I.">th instant ? it is due to you to say, that the ['resident liij-hly approves of the prompt •- oiierjictic, and judicious iniinner in which yon have executed all tlu5*iir striictions of this Department, touching;' the late attempt on the part of suiiie of onrmisjiuided citizens, who were concerned in a niischievons and ilie},'al pr(\ject for tlieinvasion of the island of (vnlia. To this expression from the I'resident I have {j;Teat jili'asnre in addin,:;' this Department's iinqnalitied apiuobation of your ofii'ial conduct. 1 Sim, sir, with j^reat respect, your olx'dient servant, JOHN iM. CLAYTON. Mr. iSewell to Mr. ('l((fjton, Secretary of State. [Hxtiact.] yANTiAGO l)E CuiLV, October 2.'), 1849. Althouja;h it msiy not be strictly within my pre.scribeton for sirrestiiif*' it; uiul though there is much les-s revolutionary feeling here than in other sections of the island, and if not sin attachment, at least an almost uui- ;, f ^:■. •s, Mi «88 TREATY OF WASHINGTON PAPERS ACCOMPANYING U '{} EJA versal siil)ordinatJon to the existing government, yettliey givecvi ftJSSj ilence of serious *ap[»relu nsion in regard to its security or ability to resist a well-organized expedition. I have the honor, «S:e.. THOMAS SEWELL. Hon. John M. Clayton. Svcfctan/ of State. Mr. i'Unfti»K Sit nl tint of Stale, to Don A. Cahleron de la Harm. Department of State, Washhifftony January 1*2, l.Sot). Don A. Cai.dekon dk ka Uakca, tt-c, t(v., dr.: The un•. Clatjton. Sirnturi/ <>/' State, to Mr. Hunton, disir'nt atlonmi. Depart:ment of State, Wa.s}>in(fton, Januarij '22, lS,l(i. Sir : The ndnistei o( Sjiain residing in this city, under dnte of tin l*.»th instant, has again invoked the attention of the Executive to piob able designs against the island of Cuba, cherished by i)evsons in the United States, of whom and of whose schemes he has received iiitclli gence through channels which he conceives to be worthy of credit. IJesides the oi-ganization ot Juntas, and their secret introduction iiitu (^uba of paper inciting the iidnibitants to revolt, they are .said to have issued bonds payable on the icnts of the island, in order to raise nioiic) for the purpose of recruiting nuMi ; and that bodies of men arc aetiuillv exercising themselves in the n.se of arms, holding meetings and (^lub.s in New York, New Orlean.s, and other places, and that the same are al'^ii forming plans t\>r making u.sc of the steamers whicii touch at Havana on their way to Chagrcs. In view of these reports of renewed attempts against Cuba, I niu di rected by the President t<» call y(uir special attention to the subject, and to instruct you to keep a vigilant watch upon all movements ttf tlu |(i<)Oj kind indicated, wit ha view todetect and to bring to punish meat *tlif iiidividuals and combination of individuals who may be found con eerned in any overt act. i»i vit>lation of the act of Ccmgress of April, W'"' intended to di.sturb tin- trampjillity of Cuba. ANYINO COUNTER CASE ( »F THE IMTEK .STATES. C8!» vettlu'.v sivpcvi- iocurity or aUilit.v AS SEWELl.. H (le la Barm. State, ]nnuanj U-*, ISriU. The ProsidtMit, ervaiit, JOHN >[. ('LAYTt)X. Logan IIitnton, P]sq., United iStntes Dhtrht Aftonui/ for the IJastcni IHxtrh-t of LouisUtnu, Xnr Oflcmis. [Like circulars sent to J. Preseott Hall. esip. I'nited States district iittorney, southern district of New Vurk. to I'liilip J«. Fendidl, es(|.. I'liited States district attorney. Washinirton. 1). <".. eacli inclosiut; a (iipy of Mr. Calderon's note.] ■■m A States, aekuowl instant, eallin-- his Cuba and desinii;.' •ustrate and to swy- ■o the Tresideut. liy ^sed instructions to Xew (.>rle;'.ns. autl 'i:\lT. Caldt'von iuul lor to eominuuic;it(. o renew to Mi- ^'•^^■ on. S^ M. ('LAYTU>. |o», (/;.s//wV/ a(t»r>ie>i. State, /,„„mn/ 22, 1N><'. , under date of tli>' I Kxecutive to prob fd bv persons in tli<' has received nitcUi e worth V of cvotlit. U introiUu'tion mtc lev are said to hav Ivder to raise monj') 1 of men are actunllv eetings and dubs m lit the same are alMi \h timch at ilavaiia liinst Cuba, I am nm l^topunisl.meuftlif to may l)e found con Lrres.s of A\»vii, l-^'' • Mr. Clayton, Secretari/ of State, to Don A. CnhUntn de la Jiarcd. DErAiJTMENT OF STAT]". \\'axiiin;it<)ii, Mai/ IS, lS.->0, Sir : I hasten to acknowled,u:e the receipt i«f the two notes which you - itlilressed to me on the KUh instant. Theyj-ommanded my i)rompf and iiriicst attention, and 1 have now the honor to place in your hands a iiipy of the instructions which I caused to l»c sent to the disti ict attorney of the United Statesfcu' the southern district of New Vork,ni>o!i the 'iill] iuattersto*which those notes relate. Theseinstructioiis wereaceoiii- panied hy a copy of your notes. Vou ai-e not i;:iioiaiif of the nature and scope of the instructions which that otlicer. and others of his «!lass, ixticisini:' similar functions within other di^triet^ of the Cnited States, have from time to lime received trom their n,i;ii no otlicial intellij^ence has reached the Department upon this ^ilijc'ct, the Preshlent is well satistied from other 'wii soiij^ht and obtained at this ollice by individimis alh'jiiu;^ that they [Mo about to proceed to Califinnia and < )re;.fon. No means existed of ilt'tet'tiii};- their real [uu-pose, except throii;rh tin- I'nited .States oflieers irt the vai'ious ports of embarkation, and the-c oflieers having- iiiifo!'- ''•-J tunately failed to furnish any *inlor:naiion on the subject, it is I proper that inquiries shoiihl be in'ed in ''"'expedition, nor the plac( of tln-ir certain dcst inaiion. No indi\ idnal, I'l'Ai'ver, enjoyiiijLi' tiie confidence in any de^rrec of this (Iovernment, is litlicr known or believcvl to be engaged in it. It is represented that U A - a T- " -i,J>S§i H-- I (JIJO TIJEATY OF WA8II1XGT0X I'ArEKS ACCOMPAXYIXG 1 ^ i '■- -Jl 5, ■:■: ■ -.J. '1 -n most of tlioso conji'ctiirt'd to be so coiieerned, have qiiitted tlic (Mtiintry IVoiii d'HVrent jxn'ts of tlie United States in the eapacity of l>rivate citizens, i)io(M!edin;4' ostensil)Iy, as has been before leniarkcd, to < idiiuinia a';d (>re,iion : an ably and perseverinyly co-oi)erated with me in efforts to detect ami suppress real or snspecteate 8araiia(. were oieen submitted to the i're.sidciit in reti'rence to the intended invasion. I avail myself t>f this o(.*casion to reiterate to you the assurances nf] mv distin;;u'shed consideration. JOHN M. CLAYTON. Don A. Caldemon DE la Bauca, dr., dc. dc If -" 2[r. Chijjton, Secretary of S fate, to Mr. Hall, ilhtrkt attorncij. l)ErAHT3n:NT OF State, Washint/toii, May 17, bS.lfl. "(■(Uj *Str: Aj>ain it becomes my duty to call your sjxuaal atteiitioni to allejicd attempts on the pait of ceitain individuals in New York an means which the law supi)lies, iim (nir good faith t(» a power with which we are ami desire to remain m the nu)st friendly terms demands, to put an end to the illegal move uuiiis here indicated, as well as to all others intended and cakr.liitfi \.NYING \-e cjtiitted llic the capacity of »re leiiiaiki'd, to tratioii on ilicir i CCS \>y m'.'ans of 1 discovered. It II, sir, wlio liiuc •ts to detect ami •, that tlio^^'.' v.iio imteiiance wluit- he proclaai.itioii jccasion, are still important tliat I ■liicli will, 1 trust. id, caused l>.v iiiy liad learnetl un- ion. In auticiiia- tlieir presence ou I the scpiadroii on ran(!C in the ports th instant, as we nn to prevent tlu' .;eedinji under tin." () other war sliiiis in-frij^ate Saraiun. l,ii— the Saranai a II to the President tlie assurances of M. CLAYTON. COUXTKR CASE OF THK I'XITED STATES. 691 to violate our obli*'"atious toward Spain. Particular iiistructio'is on this subject are not deemed ne(;essary; it is enough to iMijoin upon you ai'is'i'l enforcement of the law, n(»t only as a duty to Spain, but also in mercy to such of our deluded citizens as may have unfortunately oon- iK'cted themselves with an cnteriuise criminal in its nature, and likely to result in fatal conscHpienccs to all coiuieriu'd. 1 am, sir, respectfully, your obedient servant, JOHN :\I. CLAYTON. J. PRESfJOTT Hall, Esq., United States District Attornci) for the Southern District of Neic Yorl; Xeir York City. trict aitornci]. State, „i, Man IT, l^'O- r special attention 1 ndividnals in N''^M hi-vd in (U'-aiiizin','! i-esumed object ot'l 10 this DepartnitMitl 11 perceive that li^j Ire the prompt m V su(!cess of voiii'l tthe instructions otl vigilance has imjl law supplies '""^ Uire to reiirain ""^ the illegal niovoj Ld and calculatoi ilG")] *Mr. Hall, <1istrict attorney, to Mr. Chi;/ ton, Secretary of State. SOUTIIEUN 1)[ST11ICT OF NeW YoKK, United States Distiuct Attounev's offkje, ?!:::; :iO, IS.")!). Sir: Y''our letter of the 17th of ^Eay, inclosin,i>- two comnninications from the Spanish minister to the State Department, in relation to exi»e- ijitioiis ar;iK!st Cuba, was didy received, and its injunctions will be alivfi /;." ■. ■ :d. I aif -iki, J .>u > that there has been no armament made or titt«.'d out 111 Xew i'xn k, which could come within any se(;tion of the neutrality Ht of 181.S, or authorize otUcial interference with the movcnu'nts of ;.iiy individuals or associations, although there may bo such here as liavo ulterior »)bjects in view of an uidawful character. If, however, 1 can discover any movenu:'nt .in this district hostile to SiMin or hvv (!olonies, I shall m)t liesitate to carr^' out your instructions In the exercise of any power conlideil by Congress either to the Fresi- \IH\1 or the law-ollicers of the Uniteil States. AYith very great respect, your obedient servant, J. PKESCOTT nAT.L, United States Attorney. lion. John M. Cla;s ton, Secret ry •//' State. Mr. Hall, distri'^ • 'iorncy, to Mr. Clayton, Secretary of State. Southern District of New Y'ork, United States J)istrict Attorney'.-, Office, May L*.', \sr){) — half-p.;^^«^ •> \,. m. W'i] Sib: The Spanish consul is in my oflice, and, upon *an affida- vit made by !iim, I have just issued a warrant for the arrest of pI.T.Tolon. Your ob ' c! t servant, J. TKESCOTT HALL, United States Attorney. I 1\ S. — Will the President authorize me to act under the Sth section, ['""iiloi to seize and detain munitions of war intended to be used in , '<'">f the Cubau expedition i i '..* G92 TKKATY or WASHINGTON 1»A1»EUS ACCOMPANYING Mr. Clayton, Secretory of State, to Mr. Williams, district atforuni. [Per telcf^raph.] DEPA11T3IENT OF StATE, May 'in, 1850. Henry Williams, Esq., United States District Attorney, Savannnh, Georyia : Proceed according to law to have Geiier.ii Lo[)e/ arrested for a viola tiop of the act of Con-irress of the L'Oth of April, 1S18, and held in ens tody until he can be transferred to the projx'r district for trial. JOHN :\r. claytox, Secretary of State. i» ^ £j£k^ Mr. Hall, district attorney, to Mr. Clayton, Secretary of State. Sou I. •"•: T)i.sTRiCT OF New York, United Staii . strict Attorney's Office, May 25, 1S50. Sir: Althongh I have not myself, nor has any other oHicer of tho CJeneral Government here, been able to Hx upon any individual [G67] a specific char- or ott\(;er of tlio u auv individual ,f April, I-SIS. SI. liorize his arrest. the. late instriu- losures belbio \\w to our laws con- hservance. of dudiiv I't'^f- ^s(>d his apin COUNTER CASE OF THE IMTEI) STATES. G03 tt tn alee a spt us whole SI ov: M'ilic ibjecr. of the Sun new- ill this atrocious Itt halt. states Attotimj. ianj of State. York, IV s OFFK'l" May '^">, 1S30, of the a(^t of 1818. You may rely upon "a rigid oxecutiou of tlie law," so far as it can be executed by your obedi«Mit servant, J. lMll!:SC()TT HALL, raited iStatcs Attorney. Hon. John M. Clayton, Secretary of State, dc, ct'c. P. S. — Before your letter was received, I liad addressed a conimuni- (iition to you upon this subject, wliicli you will doubtless receive to- morrow. Ml, aud I have SrlB ilOSJ *Mr. Clayton, Secretary of State, to Mr. Ball, district attorney. [Extract.] » DEl'AKT:\rENT OF STATE, Washinyton, May 20, 1850. Your several notes of yesterday's date were receixed to-day. In nply to that part of your note dated yesterday, at .'>A p. ni., I am di- ncted to state that you have full authority from the President to act iiiider the eighth section of the actof L'Oth April, 1818, in order to seize ;\ii(l detain munitions of war intended to be used in aid of the Cuban fxpedition. It is expe(;ted by the President that j^ou will, as far as in your power, strictly execute the law. Ir.'ToneH, Adjutant-General, to Colonel Crane, United States Army, and to others. [Circnliir.] War I)ErATiT3rENT, x\.d,tutant-Geni:uat/s Offici,, Washinyton, Auyust 124, 1849. Sir: In order to execute the laws ami moreette<,'taally to enforce tli«> Pii'sident's proclamation of the llth instant, based thereon, the Secre- laiy of War directs that, in con<.'ert with the civil authority, you will take such measures as may be requisite and [»ro[)er within the range of jDur eonnnand, ibr the purpose of i)reventing the carrying on any mili- tary expedition or enter|»rise from the territories or Jurisdiction WJ] of the United Slates, by any persons within the *same,' "against the territories or dominions of any foreign prince or state, or i"!' any colony, district, or peoj le with whom the United States are at lU'llt'C.'' Ill order to the due execution of these instructions you will conununi- hatf with the Uiuted States district attorney ; and when called on by liiiu, or such other i)erson as the President shall have empowered for ik'imri)ose, you will employ the force uiuler your command to aid in P'liloicing the said proclamation of August 11, 1841). Kespect fully, 11. JONES, Adjutant General. », i> nd turni the si xth secti^H J-^'^dressed to: Colonel J. B. Crane, First Artillery, Fort Columbus, ^X(.\v York ; Brevet Lieutenant-Colonel Webster, First Artillery, Fort ■'•I si l^mf- G04 TK'EATY OF WASHINGTON — PAPERS ACCOMPANYING Second Aitilk'iy, Fort .Million, Florida ; IJrevct Cui»taiii t (.'Orps of Enj;iiK'er.s, Ft>rt ^Ior<;aii, Alalmina ; Bn'vct Colonel ner, Fourth Artillery, Fort IMekeiis, Florida; Coninianding i> 1.. Ai : . .: ;....;. / " l : n; i- xt /\..i J. Searritt, il J. 1. Ciinl- .-., ...,,..,.. . ,, ..., ^ ^ oiliccr lit Fascajionla, ^lissis.sippi ; Coiiiuiandiny olUcer at Is'ew Orleans Staliuii. Louisiana. J [«;7()J Mr. Preston, Secretary of the Xavy, to the President. Xavy J>epaiit:ment, May 25, LS.")!). Siu: T have the honor to tran.sinit, herewith inclo.sed, copies of nil conespondence and order.s relative to an alley.ed revolutionary idow nient in tlu^ island of Cuba, prepared from the (ile.s and records of tliis Department, ami called for by the res(>Uition of the Senate of tlic United States under date of 3Iay -.'J, 18.")U. 1 hav^e the honor to be, sir. vonrs, <>cc., (Jtc, WILLIAM JJALLARD TUFSTOX. The President. Mr. Preston, Secretary of the Xary, to Commodore Sloat, commanikid nacy-yard. [ ii.'legiiini.] Xavy Depart3IENT, May 15, 1S50, Commodore J. I). Sloat, Commandant ytay-Yard, Portsmouth, Viryinia: Prepare the United States steamer Saranac for immediate .service. Sailing-instructions will h^ sent bv mail. WILLI A:\[ BALLAllD PltESTOX. Mr. Preston, Secretary of the Xary, to Commodore Boicnes, commamhni^ navy yard. [Tek'gram.] Kavy" Department, May 15, 18.")(i. Commodore JoiiN Downes. Commandant Navy- Yard, Charlestoirn, Massachusetts: Report by telegi-apli the arrival at lioston of the Albany. Proi)iiii^ her for immediate service. Sailing- instructions will be sent by nmii. WILLIAM BALLARD PRESTOX. PANYING First Avtillciy, •111 J. BaiiUhi'ad ColonelJ. Ewiiij;. r> revet ]Ma.i<»r A. olonel C. F. Sinitli. ptaiu J. Sciirntt. Colonel J. 1. («iinl lautling oilictM' at \r Orleans ritatiuii. corxTER CASE or Tin: rxiTEH statf.s. (;:>5 President. NT, M(iy -•■»5 1*^"*"- jlosiMl, copies of all L-evolutionary kiov.; and records of tlii> the Senate of tk' AllD rUESTON. Slodt, commonihn Irinunediate service.] AiiD lnlESTO^^ nil J *Mr. Preston, Sccr^'fiiri/ of the Xarif, tit Coininotlorc I\(rJ:i:r, cdiii- munit'nuj home sqiKulroit. >i'AVV ])KTAT!TMEM', M<(1/ l~). l.S.">(». Siw: Tlie contidential instructions, in relatiou to wliicli I conferred witli you this niorniny, are bein^' i>repared, and will be disi»atcli('. t'. ][r, Pre.st:»i, Secretary of the Xary, to Capt'iiii TatnnU, Unit<-:1 Stutc/i Xary. [Conlideiitial.l Navy Depart:mex'J', May l.'», 18.">P. Sin: Thoujjh the Government has no precise information, yet it has lieu iniormed, from sources entitlol to J4reat respect and considciation, Ithitt)' military fM'<;anization has been effected in the interior of the U'liilcd States, formidable both in numbers and from the character of [tii'ise cn;;"aj:>ed in it, for the purpose of attackinji" thci island of ('ul)a, i.iitl of revolutioni/ang the ^'overnment. This fort.'e is rei)res('nted to consist of between six and ten thousand troojis of the best kind 'n2] and material to render the assault formidal)Ie, anil, *as it is be- lieved, is suflicient, with other means and resources at com- |ni;m(l, to emancipate Cuba from Spanish rule. Lar^v numbers of those |iiii;a;;i'd in the enterprise departed, as it is allejicd, from the city of Xew |Oili'aiis, accomi)anied by Generals Lopez, Gonzales, and otiiers. It is ri'prt'seuted that they expect to effect a landin.i;' ui)ou the island about iiistiiiie. All accounts concur in represent! n.!^- that it is a military «i'('ilition or enterprise bej»un and set on foot within the territory oi' iiisdiction >'f the United States, to be carried on from thence against 111' island oi Cuba and the ,i»oveinment of Spain. Any such invasion that island is in violation of our oldigationsof neutrality to the gov Hiiiiiciit of Spain Botcnen co)H»h«'"^""*B ,^''^' Governnjent of the United States is bound to respect the ritihts t tlic iidiabitanta of Cuba ami of the government of Spain, and "• no I'soii is permitted within the territory or jurisdi(;tion of the United ftitt's to begin or to set on foot or provide or prepare the means for Jiy military ex})edition or enterprise to be carried on from thence ENT, May l-^, l^'*"' B^iiiist thc^ territory of any foreign [irinee or state, or of any cidonj', [i^tiK't, or people UassacliHsctts : Le Albany. T'-^^f in be se.a by n.;V^ Alio ruii You are therefore directed by the President of the Uidted '''■'^l States to rei)air forthwith, with *the United States steamer Sar- anac under j-our command, to the i);)rt of Havana, in tlie island KSTO>' B"'^'^'') ""on your prudence, your (iiscrction. and your decision, for tin; successful a(,'complishment of all its objects, j 1 am, resi)ectfullv, yours, iVc, WILLIAM BALLAKl) PlIESTOX. | Captain JosiAii Tatxall, Vnmuiundhifi Cniitd iStafes ,Stc({i}ier Snranac, Nor/oil', Yin/iim. I The same to Commodore F. A. Parker, commanding home s(|n;i( ion. Washington: Commodore V. ]\L IJandopii, commanding L'nitii States sloop of war Albany: Commodore Charles Lowndes, <(iiii maiiding United States steamer (iermantowu, Pensacola, Florid Jacutenant -Luncs 11. Ward, Commanding L'nite] Siu : By a dispatch, received this morning from *Comni!iiiilir Pandolj)h, of tlie Albany, I am informed that that vcssii together with the Germantowii and Vixen, was at Port au Priiiir. in the islaml of St. Domingo, on the 2[)th ultimo, and that he pr()|)i)>i'ii leaving that port for Havana when his appearance at Port au IMIikt was no longer necessary to carry out certain orders. It is therefore i>robable that you may find tlujse vessels at Havaiii on your arrival there. Orders, similar to those given to you on tlii'l'i'i'j instant, have been dispatched to Pensacola, expecting they would .irANVIN'G COUXTKR CASE OF THE UNITED STATES. Cli7 y,\ or tlio island (if iiilitary expi'iUtion m'iius inovidtMl to ■itory or dominitms is on loot and is vll proper means in siu'-U expeilitiouuv ,f our obligations ol I ii revolution l>e in [orcenie.nt or of any , the citizens «»f the i)f their peacetul and her to their persons ,a to which they aic rarUer to «lispatch , t«) co-operate witli ,0 within his reach, tin satistactorilN- tl.;it 1.0 harlxn-of ^ol•tolk ■pin- it fully i»»t«>ii»"l ;issi^ne»l to you. nrat delicacy and uu U'uce, your diseretiou, ent of all its objects, AUl) PllESTOy. Sorfnll; V/jv/fiii'i. inandin- home sqiuul- (t(,uu.»anain,u' tm^ mules LoNvndi's coin. l»onsacola, Floii'la: li'nteil States stcaiiur Ivi'ever, coninianilui::| hi.] m Ununited States y>'nj. UiENT, Mat! 17, bS..'i. li„.v from *Comnr.niilirl ned that that voss'] [as at Port an Vnmi h and that he pr()i)'>>'''' Vance at Port au I'lnni (SSe vessels at nM liven to you on the J ppecting they wouW if there. Shonhl you fall in with either oi* all of those ves.s<.*l.s, or have it ill your [tower to coiniuiuiieatt* witli them, you will reipiire tiiein to co- operate with you in the execution of the order of the I.jIIi instant. I am, verv respectfully, vours, iS:c., WILLIAM liALLAIil) IMJESTOX. Captain JosiAir Tatnall, Comma mil mj U, IS. tStmmer ISannnie, Aqiiia Cntk, Vinjhiia. Mr. Preston, Secretari/ of the Navy, to Captain Kcicton, L'nitnl fitateH Navy. I Ti'lcgiain.] Kavy Department, May 10, 18.">0. Captain John T. Xewton, Commanilinost' ot ascertainiufj; whether any hostile military expedition or enterprise is bejiun or set on foot, or any nu'ans proviainst the territory or dominions of any priiuje or state, or any colony, district, or peo[de witli whom the United States are at peace. Slu)uld you discover and ascertain any such attempt, by any portion of our citizens, to invade either Cuba or ^Mexico, you will enii)loy the force uiuler your commaiul to prevent it. If you should re(!eive any information, or discover any fact v.ith re- gard to said movements, you will not oidy take prompt measures to arrest it, but you will give early notiiie to the Department. Should you, on reacliing Cat Island and its vicinity, ascertain that a hostile movement is on foot and has proceeded against tlu^ island [()7!)] *of Cuba, you will repair with the +brce niuler your command to that island and use all proi)er means in your power by i)reventiii;; their landing, so as to avert and prevent the violation of our obligations of amity ami peace with Spain. Tlie «luty assigned to you may become highly delicate and important. Tiie Department relies upon your prudence, your sagacity, and yonr discretion for the successful accomplishment of the service to which yon are ordered. Very respectfully, yours, &c., W.AL BALLARD PKESTON. Cominod(ue Foxiiall A. Parker, Command'uhj United iStates Home Squadron, Pensacola, Florida. M , ^[r. Preston, Secretary of the Xari/, to Lientcnant Hunter, United Stahx Kary. [Strictly confidential.] / Navy Depart-Aient, August It, 1849. Sir: Information has been received by this Department which in^ duces the belief that a body of our citizens, within the Jurisdiction of the United States, has begun and set on foot, and are now preparing,' a military expedition or enterprise, to be carried on from thence against Cuba, or the ^Mexican States of the Sierra Madre, for the purpose [OSOJ of invading or revolrttiou*iziug the same. An order was issni'd COl'XTKR CA8K OF TlIK IMTKI) sTA I KS. nno .' t'l on till' Dtli iiislaiit to ('ominodoiv I'arUn-, ('(tiniiiimdiiiy' tlic liuiiio si|iiii(lron, (lii'cctiii^' liiiii to proceed to the point at wliieli tlie Depart- iiiciit is iiiloiaied a loree is pr((!>ahly assenihliii-;', wilii dii'eetioiis to Hircst and siippr«'ss any sneli hostile and iih';;ai movement a,y'ainst any pi'oph' or country with wliurh the I'nited States are at peace. 1 inch)se with tiiis onh'r a (toi)y of that ol' tlie '.>rh instant, addressed to Commodore I'arker; and you ai'e heieby oi(h'red hy the President of 'ic United States to proceed wirli [\n\ rniled States steamer AIIe;,'hany iiiith-r yoni- command, so soon as she is in readiness for service, to (!at Isliiiid and the miuitli of the Mississippi lii\er, ami there report to ("oinuK.dore l'\ A. Parker for furtiier instiiictions. On your way to Join Commodore I'aiker you will vi^iilantly and actively observe the movements of such vessels as may fall in your way, for the purpos*' of ascertainiufi' whether any such hostile movement is he<;un or set on foot, or in pro^'ress of ju'eparation, aj;'ainst the terri- tory of either Cuba, Mexico, or any other country with wliich the Ignited States ar«^ at ]»ea('e. Should you, before joinin*i" Commodore Parker, discover and iISlJ (h'tect any such atten.pt., you *\vill usi^ all proper means in your jiower to avert and |)revent any violation of our laws of neutrality or treaty stipulations; aiul in the execution of this order, you will con- tiiio yoursi^lf tothe instructions and orders of the l>th instant, addressed to Comnmdore Parker. Parser Slamm will remain on board tin* Alle;L>iiany until her return to this or some northern port, when the transfer of his accounts will be, iiDule. lieiiuisitioiis for the wants of the Alle^^hany must be drawn in ilio usual manner; but the I)ei)artmeut expects that you will not ap- piove any recpiisition lor money not rerpiired for actual expenditure. The Department relies ui)on your prudence, your sa;;acity, and your iliscretion for the successful fulllllment of the orders with wliich you are intrusted. Very respectful! v. yours, «S:c., WM. DALLAHI) PHKSTOX. Lieutenant W. AV. IIuntku, CommuniUiuj Uniied States Stcfoncr AJIc. Siu: Tlio United States steamer Alleffliiiiiy, under the eoniniand (tf Lieutenant \V. W. Hunter, lias heen directed to jMOi-eed to Cat Islniid. and the ii,outh of the .Mississippi iliver, and there to rei>oi t to .you lui further instrui-tion.'^. Tins ath instant, and you will lie pleased to dt^tain tiie Aiie^iiiiny no lonj;'solutely necressary to a(!(!ompiish the olijccts sot forth in the order of the 0th instant, before referred to. 8he will return to VVashinj;ton. • Veiy respectfully, vours, vVc, WM. BALLAKD PlfESTON. ♦Commodore F. A. I'Akkkii, Commanding Home Squadron, off Cat [stand, Month of the MitisisKijun, m »;. '' .1 hsi"iti?Wi'ii^': Mr. Prcstitn, Secretary of the I'sary, to Commander Lownden, United Stalo Xary. [Strictly coiifultMitial.] Navy I^epartment, Anynsf 21, ist!). Hui: You will i>roceed forthwith, with the United States ship ' immtown under your command, to Havana, in the island of Cul charjie of disjtatclies from the J)epartment of State and from tluill able John ^[. Clayton, Secretary of that Department, directed to" Koluit ]>. Campbell, escp. United States consul, Ilavana, Cid)a," and there dc liver the said dispatciies in person t(» tiie said consul. Inclosed herewith you will also find a copy (if a confidential onlci from this Department to Commodore Foxhall A. I'arker, commaiiiliii;; United States home sqinulron, to wliu;h you are attatthed ; and you iiiv iMU'cby ordered f^ad directed, after the delivery of the before nientioiicil I dispatches, to rejoin the stpnulron under the command of Comm{»iloit| Parker, if you are induced to believe from any reliable information ymi may receive that he has. under his conlidential order, proceeded in tlal direction of the island of (Juba in execution thereof; and in tlii[ [G8t] absence of *Coinnn)dore Parker you will be j4()verned by tli' instructions ^^iven to him, a copy of which is inclosed, excei)t >"i far as by said ins^^ructions he is recpured to proceed to Cat Island aiitll the mouth of the Mississippi. After remainiu};' a reasonable time at the island of Cuba, aiul rewiv] ing no information inducinjj you tt) believe that a military expeditioiii in ju'ogress toward that island, you will return to JJoston, in execiitii:! of the ordeis already given by Commodore Parker, or such other oidtr- as he may };ive to you. I am, verv resjiectfully, yours, &c., WM. BxVLLARD PKESTOX. Commander Chahles Lowndes, Commanding United States Steamer Germantown, Boston, Massachusetts. COUNTER CASK or TllK rM'H;i) STATl.S. AXYIN(i cr, ritUvd SfdtiK miusf 11, 1SI'.»- the iM»min!ini>ii,v n|»UsU tho olt.it'i'ts lid to. wmUs, United Sfat> 0(1 Sttites sliip ' > islaiHl of Cul aiuUVom th(' 1 ,aivo('to(Uo"U'>iH;" Cuba," and there (I. • '\i confidential oviltv ,'avkei-, conunandiii- tael.ed; and you ^nv he before nientiout'l nnuidof ConinuxUm able infor.nation yn" •aer, proceeded in j thereof; and m M ho ocverned by tli _ is inclosed, exeept > ed to Oat Island m\\ of Cuba, and recoivl military eKi>editu).ii> ) liDston, in exeon i' 1 I or such other onUi^l LARD P11EST0>. fO»0Jl, massachiiscfts. 701 Mr. I'U, Hcvt'ctiiyy of the Xari/, to CiHiiituxhtrr Doirnrs, VnUvtl Stutcn AV » rif, Navy DkI'AUTIMENT, August 2], IS 10. Siii: Tlu' inclosed packet, adflressed to( 'oiinnauiler Charles Liiwndes. (•()iinMan(lin;f the ITnited States ship (Jerniantown, you will be ])leased to have delivered to him with all practi<'able dispatch. His services with the vessel under his coiiunand aw. required under conlUleiitiiil instrut'tions; yon will thcretbre be pleased to facilitate his niove- [ii8r»J nients by alVor^linj;' every aid in your power *to hasten his de- parture from I'.oston. 1 am, verv respectfully, yours, if:r., WM. IJALLAIM) rJ{i:!ST()N. Commodore .ToiiN Doavnks, Commandant United States Xth instant at I'ensacola. As it appears IVom your last dispatch that you siii'id from IN'tisacola before those instructions reached you, vi/, on the b)tli instant, you will jiioceed forthwith, on receipt of this order, to carr^' into elfect the instructions referred to. The United States steamer Alleghany, Lieutenant-Commanding W. W. Hunter, has been added to your commaml, in connection with the st'ivice assigned to you under th instant. You will be lilcased to detain that vessel no longer than may be necessary to etfect the object, and, when accomi»lishe«l, you will direct her to return to the port of Washington, 1). C. Vcrv respectfully, yours, &c., W.AI. liALLAKI) PKESTOX. Commodore F. A. Patjker, CommamUny United States Home Squadron, NeH'2)ort, lihode Island. *Commandcr Randolph, United States Xavy, to Mr. Preston, Secre- tary of the Xary. United States Ship xVlbaxy, At anchor off the east end of Horn Island, Anyust -*-S, 1S40. Sir : I have the honor to inform you that the Albany, under my com- liiiaiid, is at present anchored as above. Our present anchorage is about jtou miles from Round Island, and is the nearest point to the scene of jour operations (Round Islaiul) which a vessel of our draught can reach. I have stationed steamer Water Witch, Lieutenant Commandant fotten, close to Round Island, and shall employ the boats of the Albany '.A mr 702 THKATY OF WASHINGTON PAPERS Af'C'G.MPANYING 1 ■•> ]Hi to iissist in edition ai^ainst either Cuba or tiic Sierra Madre States of Mexico. I believe they are not particidar where they go, provided they arc well paid for their services. Indeed, up to tiiis time the i)rivates arc known to be in total ignorance of the point at which they an- to [087] disembark ♦;ifter leaving our waters. We have conversed with many on the subject, and have now three of the privates on board of the Water Witch, on a visit, and they all unite in declaring- their ignorance of the point. I much cpiestion whether the otlicers thciii selves are positively c«'rtain where they are going. They are umiucs ti(,nably a band of reckless adventurers. Four-lifths of the privates, 1 am hap[>y to state, are forei^jcners — Irish and Dutch, chierty. Alter a careful examination of the lu'oclamation of the President, am) of y(MU' instructi»)ns to Cotnmodore Parker, togethei with information derived from the most reliable sources, I have determined ui)on adopting a vigorous course with these ])eo]de. Tlie leaders are not men of higli respectability; four-tifths of the rank and lilt' are foreigners: their operations are cond-icted witii a degree oi mystery which precludes honesty of puri)ose ; and every circumstance goes to i)rove that they are a band of reckless military adventurers. 1 have, the'-etore. sent them a written summons to dis|>erse inuiu'diately. a copy of whii'h sumnnuis I have herewith forwarded to the Departinciit. and trust it will tje apiu'oved by the honorable Secretary of the Navy. 1 stand in great need of two or nu)re small steamers, to assist in block- ading" and breakinjj up the establishment on Round Island. L have writt«Mi to retpjest t'aptain .1. T. Xewton to send me the (rencia! [08SJ Taylor, *and, if possible, the Walker too, but neither has arrived as yet. I am ahnost induced to send to New Orleans for the purpose of hiring a steamboat to be emplt»y«Ml i>n this service, but shall wait a day or twn longer, with the hoi>ethata re entbrcemeut will be sent from Peusacola. I am, sir, respectfullv, &c., V. M. KANDOLPII, Voinmaiiihr. Hon. AVm. Uai.lakd P!;i:ston, ^Sccrvt'i 11/ of the y<(rif, Wltshliifiton, />. C. m' [IIlcl(^^lnr^'.] ComtriDuh'f li'ditlft^ph. Unitcl Slnlrx Xtiri/, to the pemons owampcd "/i linutnl Jnhind, neur J'dficutfOKla. Friends and FEi.Low-corNTKVMHN: The proclamations of the Trcs ident of the I'nited Stat»"s. and othei- instructions which I have reccivcil from the (lovernment at Washington, make it im[)erative and projici tliat 1 should iuunediately take measures to break up your unlawtiil [PANYINO ])rev(*nt arms and i\, iiiul likewise \n ilaiul in se;i-;ii»iim- fker, I have com- uey and with tlie ivery iiitbrmatinn •ejiaUMl at Koiiiid thor Cuba or tiic )n>vi(le(l they ari' I the privates aro which they are to :e converseil with 'privates oil boanl ill (leehirinji tlieir tiie otlicers them- They are nuiiucs , of the privates, 1 ;;hiorty. the Presiih'nt. and with informatid!! iie«l upon a(h>priii,i; ir-iifthsofthe rank mI witii a (leyrec oi ['Very cin'miistaiici' iry adventurers. 1 ip;»rse intniediately. p) the Department. tary of tiie Navy. to assi.st in block- Island. I liavi- I me the (renenil leither has arrivnl purpose of hiriiiu' wait a day or twd it from Pensaeola. VNDOLIMI, Coin ma mh): COrXTKK CASE OF THE I'MTEIJ .l jivttinjr out of our waters to i>roe -ed upon your coiitemplatetl wild I'Xpi (lition to make war against uation^ at peace with our own, 1 feel sure you will at once disperse, and .seek lionest and peaceful occu- pation.s. [DSD] * First. Tiie very mystery which marks the inoveiuent- and actions of your olUcers, and the l)lintl ignoran-'eof the men as to the des- tination of the enterprise, clearly show that the obje.-ts and purposes of those at the head of your atlairs are known to be unlawful, and that plmuler is the inducement liehl out to all who e:ubark in this reckles.s t-xpiMlition. Second. We have pro;)f that some of you liave a -kuowledged that ymir destination was ('aba, and that o:h -rs of your number hav.' said that the e.Ki)editiou was litting out for tii;- invasion of the .Sierre M.idre States of Mexico, showing conclusively that your enterprise is one of a military character. And lastly. Von are vagrants in the «\vf*.s of the law and in fact, and thorefore cannot be allowed to occupy your [•resent position, and must iiiinieurt, or any other steamer or steamers, *vessel or vessels, of whatever description, tri»m furuishing the adventurers on Round Island with arms or other munitions of war. Second. If said steamers r.i- vi-ssels have anas or other munitions of war on board, I shall take possession of said ar'fis, «S:e,, and detain said steamers or vessels unril the men congregated on lit>und Island are ilispersed. Tliird. [ .shall prevent the band of men «»n Kound Island from em- harking on l»oard of said steamers or ve>.sels. or from having any com- munication with them at all. I'ourtii. 1 will make .saiI.IMI, ComnmioUiuj L'nittd StftUx .Shift AUmuij. itiid Htnivv Hj[lic'r tijlfMiit in the UidJ' of Mexico. Tnited State.s Siiir Alhanv, Off rtt.sv(((jot{l(i, Au(jUfit l*s, l.sit). rc! I'rative and pro| (IT "1 ) your unlaw nil 704 IREATV OF WASHINGTON — I'ArKKS ACCOMrANYINfl [dOI] *Coininnn VICSSELS DISI'ArC'HED To THE VK'IMTV(»I' KOINO ISLAM). \c. |«»!)L*j *Coinm((nil((nt Xeicton, fruited Sftftes Xari/, to Comiininiler limi- tlolpli, i'niteil States Xari/. C« (MM AND ant's OFFICE, Xari/'Yant, I'eiisaeola, Aiif/iist 17, ISI!). Sirj : You will prepare the Cnited States sloop-of war Albany, mnhr your command, for sea, with all p(»ssilvle dispatch. 1 am, verv respectfullv, your obedient servant, dOIIN THOMAS Ni:\VT()X. Conniianilitiit, Commodore V. 31. ItANDoLrii, Commamllng United States Ship Athanjf, 0(f' Xari/Vard. J'ensaeola. t'o,nin(t)i(h(iit Xcii'ton, United Stales \ari/, to Commander Randolph, Unitn States Xavy. ( 'oM.uAND ant's Office, Xary Yard, Vensaenla, Auijust l.S, ISW. Sir: Yon will i)rocopd with the 1,'nited States sloop-of-war AlhiUiy. under y.mr command, and carry out. as lar as |)ractic;il)le, the instrm- tions of the honoralile Si'i-n'tiiy of tli" Navy, addressed to Coinmoilon' Fo.Kliall A. Parker, coiiiaiamliii'^" the home sipiadi'on, a copy of wliiili instructions is contained in tli'* a'-companyin;;' parcel, and which vhi are hereby expressly enjoined 11, »t t (ojilmi until alter you have dischiiriiiil the pilot. I [(»!>:>] The schooner Flirt is daily expected here, and [ will *sen»l iur to join you to assist in oirryiiiif out the views and wi.shes of tlie I Department. .NYINT, uitl to ciiny •lit iidcr tliitc «)!' tli(^ 10 sfHiadronjMit have the honor ion, copiosof nil i(> st'VCM.il vessels ,UH' to wUu'li the iM'dient servant, sKWTON, CommidKlani. rOT^NTER CARE OF THE T^NITEll STATES. 705 Tlir, COMM.VNl)INti , THEVlClMTVor , CUminandn' />'"«• [luiiist 17. 1'^l'^- av Albany, uiHlfi' >}i:\vT()y. Yon will not fail to cotinmuiionte to the DopartintMit, diroct, any in- formation you may obtain lolativc to tlu' important obj('<^t for which ycui lire sent, and at tin* same tinn^ forward 1 o me duplic^atcs of your roport, &r. I must refer you to the honorable Seen^tary of the Navy's instruction for your further {government. When in want of stores and provisions, you will return again to this port. \Vislii!)g you a pleasant cruise, I am, very respe(!tfully, your obedient servant, JOHN THOMAS NKWTON, Connnnndant. Coinmnnder Y. M. IiAxdolpit, Commandhuj Cnitcd Stdtrs Sloop Alhtiut/, Off Nary Yunl, Vvnsacola. Omimaiidant Xcwton, ITnifrd Sfalen A'^n'//, to JAtutenantCommander Tot ten, i'uikd States Mtd-y. ^ ('OMMAND ant's OFFICE, Nary Yard, Fensacola, AuijUHt 1!), 184!>. Sin: It is of the utmost government importan(re that tin; steamer iiiler your command should be itreparcd for active servi<;e with as little I ili'liiy as possibh'. You will be pleased, therefoi-e, to have ready, and, if iM)ssibh', to ectfullv, &(•„ JOHN THOMAS NEWTON, Commandant. Iiicntenant-(Jommandant (Ikokce M. Tottkn, i'ommandiny Steamer Water Witch, ({(f Navy Yard, Pensacola <4? r U(. a' Raivhlph, Unit' ^"^• Office, .AlKIHst l.S. l.SU). oop-of-war Albiiiiy. ti,.;»ble, the instvur. ^sed to<'<>nuuo>l"i'' n,a copy of Nvl.u> lou have disi!hi»r;i'''M [ml I NViU *seii.l liH and wishes ot tlio] \'>'ii»naHdant Nea-lon, United States Nary, to Lieutenant-Commander Totten, United States Navy. [Sealed orders.] AuCtUST 20, 1849. ^\ii: You will proceed direct with the fTnited States steamer Water |^)iteli, under your command, to Cat Islaml, and there join the United I*tiit08 ship Albany, Commodore Y. ^I. Kainlolph, and assist bim in furying out the instructions of the honorable Secretary of the Navy, i>'i»liy of which accompanies this. Sliotild you not fall in with the Albany at Cat Island, or its vicini' 7, |im will procee«l to lialize, in further pursuance of the orders. Wishing y(ui a pleasant cruise, I am, very respectfully, &c., JOHN THOMAS NEWTON, Commandant. Lioiiteiiant-Comuiander Geo. M. Totten, United Statcit Steamer Water Witek. 4.5 a mil M mm M &■ . - , ■■- m 706 TREATY OF WA.SIIIXGTOX PAPERS ACCOMPANYIXO [G!).jJ *C()mmandt(nt Nt-irton, Uniifil States Xorif, to lAcutenant-Command- ant Totten, i'nitcl IStatcy yarif. Commandant's Office, Kary-Yard, Pensaada, A'.tymt 1*0, 1840. Sir : You will proceed to sea at once with the steamer Water Witcli under your command ; and yon ar«* hereby strictly enjoined not to opt'ii the Hccom|)anyinjjj senlcd pitnri until after your vessel crosses the bar and the pilot leaves you. I am, very res[)ectiullv, &c., JOHN TIIO.MAS NEWTON, Commando nt. Lieutenant-Commandant Geo, M. Totten, Commanding United States Steamer Water Witch. ■I Commandant Newton, United States Nary, to Lieutenant-Commander Fatch and dilij;ence be used in getting la-i ready. I am, respectfully, vour obedient servant, JOUN THOMAS NEWTON, Communt^Ant. Lieutenant-Commandant Eisen Faruand, Commandiny United States Schooner Flirt, off Xary- Yard. [GOG] *Commandant Xeirfon, J'nitcd States y((ry, to Lieutenant-Commaml er Farr{ind, United States Nary. r Sealed orders.] August 27, 1840. Sir: You will please proceed with the United States s(rhoon<'r Fiiit | under your command, with the least ])ossible delay, and leport to Com nnuuler V. iM. liandolph, of the Albany, whom you will find at Ciitj Island, or in its vi<;inity. Should the Albany, however, have left tlitiv. and after having fulfilled the instructions as regards that particidar s|)(it,| you will proceed to the mouths of the Mississippi, aii*•// used in gcttuiy her ^ NEWTON, Comman(\int. ' Xavy-Yard. AeutenantCommoM At 'GUST 27, 184ft. [ates schooner Flii't- I, and report to Com- l'„u will tii'<^ i>t t;it >ver, have left tlu'i'-. J that particular spot. Lid be further j:«>\ s herewith indosnl Lssed to Comii»o(li>iv Commanddnt Newton, United Statett Nary, to Commodore Parlcr, United States Navy. August 27, 1840. Sill: ^ herewith inclose for your information a copy of a letter of the .1(1 instant, from Commander V. M. Kandolph, of sloop Albauy, and a ni|iy of my reply to same, dated 20th instant. 1 also inclose a copy of Counnander Kandolj u's report to the honora- lilethe Secretary of the Navy, dated ofl" Ship Island, the 25th instant. The Flirt is on the point of sailing, and I have furnished Lieutenant- I oiiiniandant Farraad with se ded orders, as in the ca.se of the Albany and Water Witch, and in i)ursuance thereof he will join tho.se vessels, and co-operate with their commanders. I am, very resi)ectfully, «S:c., JOIJN THOMAS NEWTON, Commandant. Commodore Foxiiall A. Parker, Commanding Home Squadron, Newport, Rhode Island. 'lOS] ^Commandant Newton, United States Nary, to Commander Ran- dolph, United States Navy. August 28, 1849. Sir: I send the United States steamer General Taylor, under the com- maiid of Mr. John Pearson, master, who will report to you. He is well i|iiaiiited with all the islands ami shoals in the vicinity of your opera- I'lis, and will be very serviceable to you in pdoting through the intri- titf passages, as well as in other respects. , l_^ Tlic (icneral Taylor had a six-pounder field-piece mounted, with the on, or when shoit o ^,f,p^,j. ji,„,„„„itio,^ ^vt^., and small-arms for the crew. ho not neglect to send her back at the expiration of one week. I am, very resi)ectfully, &c., JOHN THOMAS NEWTON, '' immandant. Commander V. M. Randolph, Commanding United States Sloop Albany. ith the Albany aiiil lie, and to act m e>'i> [ .^spectfuUy, &('., lS NKWTON, Commondant. w '•• 708 TREATY OF WASHIXGTOX PAPERS ACCOMPANYING : } Commandant Netcton. United States Nary, to Master Pearson, United Staten Na cy. [SeaU'tl orders.] August 28, 1849. Sir: Yon will proceed without delay to tlie soutbeast end of Jlom Island with the United States .steamer General Taylor, nnder yoin- ((tin. niand, where you will find the sloop ot" war Albany, Comniaiidcr [OJJO] V. M. *]iandolpli, t<» whom yon will report. I have recjnested him to send yon back with the General Taylor, at the ex})iration of one week from the date on which you report, and sooner if your services can be dispensed with. You will take every precantitni to prevent accident hy fire, or other- wise, and be strictly governed h\ ^he rules and regulations which arc hung up on board. I um, respectfully, &c., JOHN TIIO^IAS NEWTOX, Comma nda lit, Mr. John Pearson, Master United States Xary, Commanding Steamer General Taylor. Commandant Neirton, United Statrs Nary. to SaiUnf/master Pearson, Uniid States Nary. August 28, 1840. Sir: You will proceed to sea with the United States steamer Geiu nil Taylor, under your command, ami govern your nutvements by tlie in structions which you will liiid in the a(;companyiiig parcel, wliicli von are strictly enjoined not to oi>en until you have crossed the bar ami (lischargepi. NEWTON, Commandant. ml Taylor. iimander Jtandohih, it's Office, [eptember (), l'"^^''- 1>V of your letter to I Vl his letter to you Led of yomiMH deed, I am ot oijmj Ihout special orm Lul of adventurers till be broken «P- I L of the steanur tpers, several clap Mr. Meredith, Secretary of the Treanury^ to Mr. Vetern, collector. [strictly coufitleiitial.] Treasury Department, August 10, 1.^40. Sir: Information has been received that a military expedition is in l»reparation within the territory of the United Stat«'s to be carried [!••-] on troui thence aj»aiust the territory of ^Mexico or *''uba, proba- bly the latter. It is believed to be desij-iu'd that part of the tiiice to be employed in this expedition shall proc(HMl by sea from a lioint within or near your district. 1 send yon herewith copies of a iiDte which I have received from the Seretary of the Interior, ami of , "'iitidential orders issued by the Secuetary of the Navy to Commodore i'iuker. These i)apers contain the information now in possession of the |''<»verunient so far as relates to prepaiations in your vicinity. You are rwinc'sted to communicate with the attorney of the Hinted States, I i«inl aid, so far as may be in your power, in detectinjf and suppressinf; this iitteinitt to violate the laws of the United States, and if any case should WKe ill which your official interventionmay be required under the act l"t 20th April,'l818, entitled "An act in' addition to the act for the jl'iniisliinent of certain crimes against the United States, and to repeal 710 TREATY OF WASHINGTON PAPERS AfCOMPANYINO the acta therein mentioned," you will of course act promptly in pursu- ance of the provisions of that statute. I am, very resiiectfullv, your oberovisionsof thea(!t refenvi to, and you are requested to (;oinmunicate with the attorney of tin United States, and aid so t*ar as may be in your power in detecting' am suppressing; all attempts to violate the laws of the United States; am if any case should arise in which your oHicial intervention may hv required under the provisions of the act of L'Oth April, ISLS, you will ut course iwt pnunptly in pursuance of the inovisions of the statute. Very respectfully, your obedient s«Mvaiit, \VM. M. MERIiiniTir, Secretary of the Treasury, Collectors, Boston, Neic York, Baltimore, Philadelphia, Charleston, iSaninnah, Mobile, Key West, New Orleans. Ik . , ». [704J *By the President of the United States. A PROCLA3IATION. . »K. * * There is reason to believe that an armed expedition is about tolj fitted out in the United States, with an intention to invade the island nf Cuba or some of the provinces of Mexico. The best intbrmation whirl the Executive has been able to obtain, points to the island of Ciil)a;i' the object of this expedition. It is the duty of this (iovernuieiit tj observe the faith of treaties, and to prevent any ajfgression by ourcilij /ens upon the territories of friendly nations. 1 have therefore tliongli it necessary and proper to issue this proclamation, to warn all citiziiij of the United States who shall ciuinect themselves with an enter|)ii>f so s'lossly in violation of our laws and our treaty obligations, thuttlit] will thereby subject themselves to the heavy penalties deiioiiiKti against them by our acts of Congress, and will forfeit their claim totb juotection of their country. No such persons must expect the iiitci'fri ence of this (Tovernment, in any form, on their behalf, no matter to wbj extremities they may be reduced iu couBequeuce of their conduct. PANYINO omptly in i)ursu. :Ei>nn, of the Ttxasurij. HI ana. }T, M»y -^' "^''^•"'^■ for the inviisii)!! of n-icsot' the Unit^'tl f i>«>th Ainil, l^^l;^- nisliau'nt of wvUm le lU'ts tlu'irin iiu-ii- tjloyed uuiy l>i'^'^^'»^^'l [sof tlio.act rolVmd the attovnoy ot tli.j ,vtH- in tlctoc-tinj: i>ni . United States; ami utervention may l"' ,,vil,lHlS,youNVillot s of tlie statute. ^ani of the Treasury. ladclphia, est, Neic Orleans. tates. Irtition is abon t«l loinva«\etheislana"fl est it.formation ^v ;''• the island «t On I- this (iovernmei.t l.rjiressionbyoi"'*" I u e therefore thongl h^'to warn all eim^ UwithanenUl 1 obligations, that tie) Vemilties aenoun IrtWt their clann J I St expect the iute J lalf, no matter to ^vhj lot" their couuuct. COUNTER CVRE OF THE UNITED STATES. 711 enterprise to invade the territories of a friendly nation, sf-t on f«M>t and IHosecnted witliin tlie limits of tiie United States, is in the hi;rh«'st (U'fjree criminal, as tendinff to endanger the peace and coMipniinit tlie lioiior of this nation ; and therefore I exhort all j;ood eitizeiis. as they rejjard our national reputation, as they res^iect their own laws and tin? law of nations, as they value the blessings of peaee and the welfare of tlicir country, to tliseountenanc*' and prevent, by all lawtnl means, any such enter[>rise; ami I call upon every otlieer of this Government, eivil or military, to use all efforts in his power to arrest, for trial and puiiish- iiiciit, every sueh otteiider against the laws providing; for the i»erform- aiice of our sacred obligations to friendly powers. (liven under ujy hand th(» Uth day of August, A. D. 1.S49. and the seventy-fourth of the lndei»endence of the United States. Z. TAYLOR. By the President: J. M. Clayton, iSecrctary of State. TO.")] *By the PresitJenf of the United States of America. A PROCLAMATION. Whereas there is reason to believe tluita military oxjjedition is alxmt to he fitted out in the United States with intention to invade the island (if Ouba, a colony of Spain, with whii'h this country is at peace; and wliereas it is believed that this exi)e(lition is instigat«'d ami s<*t on font cliictly by foreigners, who dare to make our sh-^res the scene of their miilty and hostile preparations against a friendly power, ami sc«'k l»y talseliood and misrepresentatu>n to seduce our own citizens. esjH'cially the young and inconsiderate, into their wicked scheint s — an nnfrrateliil K'tnrn for the benefits confi'rre>i»!e. in pi-rmit- tiiig' them to make our country an asylum from oppression — anvcnt any such cntciiiiisc: audi call upon cvi'iy otlicci* of this (iovcrnnicnt, (;ivil or niilitiiiy, to use all efforts in his ]>o\v('r to arrest for trial antl [umishuient every mkIi otlender afjainst th«^ laws of the (uumtry. (liven under my hand the twentyliftli day of April, in the y.iii [707J of our Lord (>n<^ thousand *ei^ht hundred and tifty-oiu', aiiil tiif seventylifth of the lndei>endeuce of the Unite«l States. iMlLLAKD FILLMOJUl. IJy the President : VV. S. Dkkiuck, Acting Sevrvtary of State. •if.; <■: I ■ By the PrcaUJent of the United States of A tn erica. A rUOCLAMATION. C -;-f P"' ill : • AVhereas information has been received by me that sundry persons, citizens of the United States, ami others residents therein, aie pii'iiai iiiy,', within the Juris(li(;tioii of the same, to enlist or enter themselves, or to hire oi- n'tain others, to participate in military operations within tlic state of Nicara^iua: Now, therefore, I, Franklin Piorce, President of the United States. do warn all persous a;»iiinst connecting' themselves with any such eiitci ]uiseor undertakiuf;, as bein^ contrary to their duty as j;:ood citi/.eiis mid to the laws of their country, and threatening to the peace of the United States. I do further admonish all persons who may depart from the United States, either singly or in nuiid)ers, organized or unorjranized, for any such purpose, that they will thereby cease to be entitled to the protec tion of this GovernnuMit. |70SJ *I exhort all j^ood citizens to discountenance and prevent any such disreputable and criminal undertakin<;' as afonvsaid, vh'.\v<>;- inj? all officers, civil and military, having lawful power in the i)n'niis('s. to exercise the same for the purpose of maintaining the authority and enforcing the laws of the United States. In testimony whereof I have hereunto set my hand and caused tin- seal of the United States to be atlixed to these presents. Done at the city of Washington the eighth day of December, one thousand eight huiidre«l and lifty-ftve, and of the Independence of tlu' United States the eightieth. FRANKLIN PIEliCK. By the President : W. L. Makcv, Secretary of State. By James Buchanan^ President of the United States of America. A PEOCLAMATION. Whereas information has reached me, from sources which I cannot disregard, that certain persons, in violation of the neutrality laws ot :lfs.J^|j|g COUXTKU CA.SE OF THK IMTKI* STATKS. 7ia I iiiul causctl till' the TTiiitt'd States, aro inakiiiy a tliinl attempt to set on loot a inililiiry ('xp(Mlitioii within tlu'ir tciiitoiy ajiaiiist Nicaiafiua, a Ionian |7()!)J *statt*, with wliich tiu'.v iuie al peace. In ()r«U'r to raise inuiiey for ei|uippiii^' and niiiintiiinin<;' this expedition, jtersons connected tliei'ewitli, as 1 liave reason to helieve, have issued and sohl bonds and other eontrat^ts pled}>in^ the piihlic lards of Nicara;>na, and the transit route tliroiij^li its territory, as a security for their retlenipli«ni and lultill- iiient. The hostile desij^n of this exjM'ditioji is rendered inanil'est l»y the fact tliiit these bonds and contracts can be of no possible valne to their liohl- (Ts nnless the present {••overnnient of Xieara^ina shall be ()V«'rthrown by torce. liesides, the envoy extraordiinjry and minister plenipotentiary ot'that {jovernment in the United States has issiu'd a notice, in pursn- aiice of his instrnetions, dated on the L'Tth instant, forbidding; the citi- zens or sid»jeets of any natiini, exc«'pt passen<;ers intendin;;' to proceed tlinuiyii Niearaf^im over the transit I'onte from ocean to ocean, to enter its teriitory withont a reji'nlar passport, si;;ned by the proper minister or consnl-}»eneral of the rejinblic, jesident in thei country from wheiu-e tlicy shall hav«i departed. Such persons, with this exception, "will be stoppe«l and compelled to return by the same conveyance that took llicni to the country." From these circumstances, the inference is irre- si.stible that i)ersons enptj^ed in this expedition will leave the I'nited States with hostile i)urposes aj^ainst Micaraf»ua. They cannot, [710] under the f»nise whi(!h they *have assumed, that they ar(> peai-e- ful emiH:rants, conceal <^heir r<»al intentions, and especially when ilicy kiu>w in advance that their landin<; will be resisted, and can only lie accomplished by an over|)owerinj;' force. This expedient was su<'- ct'ssfidly resorted to previously to the last expedition, and the vessel in which those composing it were conveyed to >«'icara<;ua obtained a clear- ance from the collector of the port of Mobile. Althonjih, after a cart'- tiil examination, no arms or munitions of war were discovered on board, vt't, when they arrived in Nicaragua they were found to bo armed and equipped, and immediately commenced hostilities. The leaders of former illegal expeditions of the same character have openly expressed their intention to renew hostilities against Nicaragua, One of them, who has already been twice expelled from Nicaragua, has invited, through the public newspapers, Ameri(;an citizens to emigrate to that rei)ublic, and has designated ^lobile as the place of rendezvous iind (leparture, and San .luan del Norte as the port to which they are I'oinid. This person, who has renounced his allegiance to the United ^[•iXU's, and claims to be I'resident of Nicaragua, has given notice to the Collector of the port of Mobile that two or thiee hundred of these end- grants will be prepared to embark from that port about the ill] *middle of November. For these and other good reasons, and for the i)urpose of sav- ing American citizens, who may have been honestly deluded into the lit'lief that they are about to i)roceed to Nicaragua as iieaeeful emi- ^li^lts, if any such there be, from the disastrous consequences to which ilioy will be exposed, I, James Buchanan, President of the United States, have thought it tit to issue this my proclamation, enjoining u|)ou nil oHicers of the Government, civil and military, in their respective siltheres, to be vigilant, active, and faithful in suppressing these illegal fiiterprises, and iu carrying out their standing instructions to that fleet, exhorting all good citizens, by their respect for the laws and their ffSard for the i)eace and welfare of the country, to aid the etlbrtsof the I'ublic authorities in the discharge of their duties. r*:'-; J f.':;.. "I-,-: I m^:\ ■-#*f.' 7! .' t k, .. 'i' ■ ■"'' ''■ I: V '■ ( 714 TRKATY OF WASHIXOTOX rAPKRH AC'COMPANYINO In tcHfimotiy wlicivof I liavt' iM'iciuifo .set my liiiiul and caused tlio seal (it'tln^ lJnitht hinxlred and tifty ei<,dit, and of the In ot the Tnited States the ciy;htvtliird. JAMES lUJClIANAX. JJy the President: JiKWJ.s Cass, Hccretary of State. m E^pBT^ [71.'{] •COHTtKSPONDKXrK IIKLATIVE TO TIIK MOXITOK.S CATAWIJA ANi) OXICOTA, AT NEW OKLEANS. Mr. Ooili, SjMuish minister, to Mr. JSiicard, Secretary of State. [Translati«ii.] Lkgation or Spain at Wasiiinoton, Wanltinfiton, May li.J, l.SdS. The, nndersifjned, envoy extraordinary and ndnister iilenipoteiitiniv of Her ('atholic Majesty, lias the honor to present to the consideration of the hon rilK MONITOIIS iltLEANS. 'ctary of ^State. VASlIlNfU'ON, on, Man -^5, l.StlS. ^tcr pU'iiipotoiitimy to the cousitU'iiiti"" e (lailv press in t!i.' her contrsKlii-tt'd i"" :he iwmor-clad sliii'^ ...of Cincinnati, liiivi' I ich tht'y at this timi' p, iiioiv or U'«>* «''"')• aiis, wiu're they ii<»'v ..•lu'd, rcpoatinn- tlif IS coutt'ivnccs iii:nh' the honorable Sccic '•htncss, liis hnaliy •o with whicli he liuM _jI that he may lniiiv(Mi 1>\| lt,o- active hostilitu>l LMajesty havin}-' uojl linei- to the honornl'lfj lust, that while IVnJ Ito enter upon tlio m] ll States will noU'""] to the rights ot b[Yi Irate to the honovaW^ Inaideration. TpACUNDO GOM. [71 "ij *Mr. (Joi'ii, Spdnish tninintcr, to }[r. Sciv.irilf iaircn'tary of State. [Translaliiin.] Lkgation of Spain in Wasiiixoton, Wiishini/ton, ./»»<'.'{(>, ISdS. The umlersijjned, envoy extraonlinary and minister plenipotentiary of llir (atholii! MaJ«'sty, on referrin;>- to liis note of the L'.'M of May last, leliilive to the monitors Catawha and Oneota, has the honor to call the attention of the honorable Secretary of S'ate once more to the contents of that note. Twoeireumstances move the undersi;;ned to insist a^jain upon this atl'air : First, it is known to the nndersi;;iied that the minister of Peru lias solieited permission from the (lovernnuin of the United States to take p«>ssession of the monitors, eontendin;; that the existinj; situation lii'tween Spain and I'eru is not a state of war, which assertion is en- tirely without foumiation ; and s(>cond, that the monittus now in the |H»rr of New Ojh^ans are not apparently siillieiently jjuardel . , the honorable Secretary has rej»'(!ted it as it deserves. Tiu'i state of war between the nations exists so long as the belligerent and inter- ested i>arti«'s do not stipulate for peace, and in the present (rase not only has i)ea(!e between Spaiti ami Peru not been agreed upon, but the governnuMit of Peru has not, up to this tirm», even accepted the [710] good othees *tendered for that purpose by tin; Government of the V'nited States. We cannot conceive, therefore, how the government of Peru could make such a request of the United States, as its grant would imply a vi(ilai )n of the law of nations, a serious ollense to tiie laws of neutrality of ;'ii« ountry, and a want of reciproeity in the friendship and concili- atory hentinuMits manifested by the government of Jler Csitiiolic Majesty ill iieci'pting the good ollices of the Government of the United States tor the settlement of the contest. Fortunately the honorable Secretary ot State, in his note of the 2.'3d of Ai)ril, to Mr. (larcMa, minister of Peru, expressed his opinion in eonfornuty with this doctrine in judging of the present situation between Si>ain and Peru, and therefore the under- si;iiied hopes he may be excused for insisting upon that point. If the government of Peru desires the present situation to be con- verted into one of peace, why does it not accept the good oHices tendered liy the GovernnuMit of Washington ? But as it has not accepted them, liow can it believe that this (rovernment is to consider the present sitn- iitioii as a state of peace, neither perfect nor imperfect? The uiulei- ■^ijjiied trusts that the honorable Secretary of State will reject such un- touiitled pretensions as exceedingly inconsistent. From wliat has been said, the undersigned feels obliged to insist upon the adoption of per- U'liiptory measures to prevent the departure of those monitors. Jt ap- pears from common report that the saifl vessels are not in the [717] hands of the local authorities, and it is !iot known *what order has been issued about them. The undersigned, therefore, once more invokes justice from the Gov- [eriiiiient of the United States, and begs that immediate measures bo [taken to detain the monitors Catawba and Oneota. The undersigned hopes the honorable Secretary of State will bo . . ! 71G TKKA'ry OF WA.^IMNGTON PATERS Af'COMPANYING l'..:^?* ! ■-: 1; 1™ h %■ ^ ' i 1 1 1 1?™ i fM 1 ; ■■ » ^ lii^-i'f jih'iistMl to «*oininiUii<*iit«' to liim tli<^ irsoliitioiis ail()|>t«'.it!«Matioii. J'A( rXDO CiONl. Hon. WiLLiA.M II. Sewaim), dr., tlv., nitors Catawha and ()n«'oti' -Mr. (loni mentions twiicir- emnstaiices which move him to i- -ist upon the detention of those inunj tors, namely, tirst, that the mini- j<'r pleiiipoti'ntiary of 1'imii hassolicitcil permissjou from tin* IJn'lfdSt itestittverniiUMitto lake possi'ssirdi in [718] tlu" m >ni tors, con ti'ndiiii; that the exist in j;- sit nation *l)t't\vecu Sjcuii and IVru is no lon;.'er one td" war, \vhi»;h assertion Mr. (i.ini pro uonn<'es to l>e entirely witiiont fonnilation ; and secondly, tiiat thi' muni teas now in the port «»t New Orleans are not apparently siilliciciiiiv ji'iiarded to prevent them from ;;t»in;; t«> sea, as the nndersij;ned is aware of no (dlicial nieasares ha\ in;;' been taken to previ>r.- their deparlinc. Mr. (loiii dwells upon the fact that the I'nited States have lendcrcil tlieir jiood ofliees to Spain and to her aiitii;;onists, tin; Paeilie repnlilns. and thai while Sjiain has promptly expressed her disposition to ani|ii those j;e closed and the state of p( iu*e \i) hav«" been reached by the silent i;oiisent and eoncurrencc oi' the parties. Upon the fjnmnds thus mentioned, -Mr. (jofii feels hinjself obli^tMi lo insist upoti the adoption of per«'mpt«ry measures to pievent the c. jiartiire ot the unniitors in questiiUi. Ife fortifies this position l»y slatii!.; fr.'m common report that the vessels are imt in the hands of the iticnl antliinities. ;uid it is not known what orders haxc been issued aimiit them. He lu';;s. therefore, that immediate luea.sures be taken to dct.iiii tlu* inonil*!rs ("atawha and Oneota. The nndersi^tied has the honor, in repl.v, to inform Mr. (lurn, [7H>] itj the tirst phu'i*. that ihe I'enivian j,'ov4'rninent, ••ui its part, lii sists tliat tile situation of war between herself an*, allies on tin one iiart, and Spain on tlie otlu-r. lias practically eoiae to hm e?id In tii' eessati toy,ether in peaoeAd antl friendly ciMieort and cooperation in waiving' iifeiiii. p. "iki COITXTKR CASF OF THF, LlITKI) STATHS. 717 (I in eonlnniuty I) the lioiiiiiii'./le itioii. UNDO (lONI. ■.s7/ minisfn: [>!' STATK, H, .hihf «.», ISt;"^. I Stall's lias the [r. (lofii, ininistiT III' ;}iKli ol -linit' Klcrsijiiii'tl to tlic niiMitioiis twinii- Oh of tliosf iniiiii IV-ni lias soliciti'il laki' in>'isi*ssiiHii)i' Hl*l>l't\V('i'llSj);l!ll ioii Mr. (i.nii itni ily, tliat till' iii'iu! iiiMitly siiniciciitly liMsiniird is awaiv lii'ir ili'paiUiif. [U's havo ti'iidiiiil l*.n'ilu- ri'i>iil>ln>. ,l»ositiiui to act'i|t'i r pcai'is I'l'Vii lias upon till' sahjiM-i. It of rini i-amiot lati's sliall, iltimi;; [sril ami tlu' stall' iml i-o!n;urn'iici- oi liinsclf ohli^<'i;t l)f taken to lU't.ii'i inform Mr. <"'»'• |t, •mm its part, ill ;ui> lUii*'^ '"• *'"' |» to '".!'. enil oy tiif •onil day of Miv. llr. (loni 1l>i>i tlic tlu'fa'-i ihatCliiii lul Spain tliiMttlui' joint'd thi'ii»s<'l\*" [atiou in waiviiijJ oltjt'f'tioiis to tlie doaraiuo fiijm IJritisl) jw»n.< of ships of wai* for tin- ii'.spcctivc parties. So far as this Dcpartini'iiiF is iiiConiicd. tl.'isstatrnii'nt is not controverted l)\' thi- Spanish ;;oviMniin'Ut, and l\'ru iisists that the proeeedinjLj is erpiivaleiit to an ar'i<;;;fvvled;rinent on the part of Spain lit' the pri'tensions nnule l)y Pern thar the >|i'»:iti;,u of war between the lu'lil.neieiit repnldii's and Spain has «onie to an end. Tern ar;;nes in riiis respect tliat Spain eannot eiaiin hefore tlie ^rovernuient of eaee, and ;it the same time elaiiti lieftin* the tlovernnu'tit ii!' IJH' I'nited States to hv at war with rein and her allies, the position ol' tile I'nited States and Clreat Britain in re^^ard to the belligerents lit'iiij>;' ideiitieal. Mr. (loni is infoiined, in the third plae««. that the I'ernvian ^iovorn- iiii'iit distin<'tly projtoses to tiie (nnernnii'nt uf the I'niteil Stales that, j .1 it shall et)nsent to the elearanee of the <.'atawi»aand Oiieota, the I'ern- vian iroveinnient will "ive ; " •I' n' il-'Cj shall not he em]>loyed •in any hostile proeei'din^r i'^ai;!st .-iji'iin < any other nation on their way to the port of Callao, in the I'ai-ilie, !Mit shall keep the p»'ae«> nntil the vess«'|s sliall have arrived in the hai'- t»f Callao, there to ho nsed for pnrjMi.s4's «»f iloniestie defense and 111)1' M'ciirity. Mr. dofi' is fnrther informed, in tin- fonrtli jilaee, that the House of llcpresentatives having; taken tin* snhjei ' «»f the sale and proposed de- !i;trtiire of these vessels into consideration '.vith a view to some possible iinislative action thereupon, directioi •; iiave in-en j^iven by the I'res!- ilciit that those vessels shall not receive rleaiance or be permitted to ■Icpart while the snbj"ct is on^-a^inj; the attention of ('on;;!ess. The vessels are for this reason detained at pie-»ent.and will lie so temporarily ■let:!'iie an (-nil or not. Frank. less, however. ob!i;;es the nndcrsijiiu-d to say ilrit inilessMnne nnforeseiMi i-ircntiistaner-- >hall sof)n occni-, the time Ibr I' tin;;' upon that ipn'stion would si-eni to Ih* near at hand. The vmdersijjncd freely admits the ditliculties which are likely i-l [ •to attend the decision of the ipn-stiofi. It is certain that a condivion of v.ar can W raised without an aitlioiitative declaration of war. and. on flie «»ther hand, the situation '>t peace may be restored by the lonir sn^jH-nsjou <»f hostilities vvithont I treaty of peace beinjj; made. History is full of sucli oceiinences. A'hat l"'ii(i'l of suspension of war is necessary to justify the presrni»tion of ilif icstiiration ivf jieace, has never yet Imhmi M-ttled, am) must in every '.isi- he determined with reference t-» •••diateral facts and circumstances. Tlie proceedings of S|>ain and Cliiti whieii h:i\'e be<*n lefcired to, il'liou^ii itu'onclnsive. reipiire an explanation on the part ivf either of 'iii'se [xtwcrs which shall insist that thf condition of war still exists. '''Ill, etpnilly with Spain, has as absolute a ri^lit to decline thi' jfood "ilins or mediation of the Tnited States for |M'ace as either has to "Kpt the same. Tlie refusal of either w«>idd Im- incon(dn.->ive as au 'vidence of tietermination to resume or continue the war. It is the iiilcres'i of the United States, and of all nations, ihat the return of peace, iiO'Vever it may be brought uboni, t*hall ix* acceided wlienever it has -■*■■ '-I '-it ■ ' i ■:-.i 718 TREATY OF WA.SHIXGTON PAPERS ACCOMPANY INTi liccomo olosuly established. "Whenever the United Stnles sliall fiinl itsell" oblifjeil to decide tlie question whether the war still exists IxtwiMn Spain and Pern, or whether that war has eome to an end, it will luiikc that decision only after havinj; carefully examined all the pertinent fiuts which shall be within its reach, ant' State of the L-nited States was pleased to address to him on the !!tli instant, and passes on to notice the contents thereof. The honorable Secretary of State, in the note referred to, informs tlu' under^ij;ned that the {government of Peru maintains that the stiite uf Avar between Spain and the allied republi(;s has terminated, alle;;in;^, tor reason, that active hostilities have been suspended for more tiiaii t«n years, and ss, what hap|iened in London, altiiou<;:li he has reascms tor thinkiii{i that there was not any formal and that any spe«'ial a^jreemeiit of two belli{j;erent stiites. w hether about an ex other partial and limited point, would imply the termination of the wiir. It is, therefore, not u logical consequence which the Peruvian NYINCf jles sliall iiinl oxists bctwi'cii (1, it will miikc juTtitient t'iicts "iiven «liu' coil- K'OU *llliuU' Iiv SKNVARI). COUNTER CASE OF THE UNITED STATES. 710 y of State. ^SniN(!TON, July LM>, ISdS. leuipotontian of L* ill the niiitttr ihl»' Secret iiiy of L) him on tlie !'tli (I to, iuforiustlii' that the state of itod, all«';;in;4, f'"' r more than two ;lly consented to [ith parties liiilace between Spain and Chili, and not b<'tween Spain and I*ern; and the IVrnvian /govern im>nt, liow- t'ver much allied with that of Chili, in the (u)ntest with Spain, could nut iiiv(dve in its favor a special ajireement made with another state. It follows from what has been .said that althoiiyh Spain, thronj^h the lifect of its sincere desire for peace, has suspended a«'tive hostilities, she viiil finds her.self in a stat(> of war, and can do no less tlian maintain the li^rhts whicli corK'spond with siu-h (ionditioii acconlinj' to the laws of nations while that state continues to subsist, and a solution satisfactory tolfoth belligerent parties is not reached. The honoiable Secretary of State, in connection with this question, iliseiis.ses in his note a {^rave matter whitth the uudersi<»ne Catawba and Oneota, tile I 'resident may not deem theoc(!asionoppor- lime Ibrdecidinji' whether the war between Spain and the allied republics has or lias not practically come to an eml; but c;cd to iven due eon- siileration to the representations of the parties iiitereste«l. The undeisijiiied cannot as.seiit entirely to the juecedinj; assertions, Imt will coiitine him.self to ob.serviiiy" oiilyjhat the state of war and state «»f peace between two nations, lirst of all, and beyond all, are facts «iiicli depeiul upon the will of the i>arties iiiterest<'d, it behmyin}^' to ilit'iii to ilecide by common accord what is the state in which they tind tiit'inselves, and what the character «)f their respective relations. As for the determinations which the ITiiited States may beli«'ve tlieiii- M'lves to be oblijit'd to adopt umh-r {^iveii circiim stances, the (lo vernnient »f tlie United States, and espe«ially the honorable Secretary of State, I'll whom this matter is iiieiinibent, has too much eiili<;hteiiiiient and ii|>ri}ilitiiess to .sejiaiate liiin.self in these matlers from the reeo^iii/e«l I'liiieiples of the law of natimis and international usages, and thus he ilis|HKses of the liiiale of the note of the honorable Secretary of Stale. IJesides, the (loverniiient of the Ciiiti'd States Inddiny on the iT2C] present *occasion the character of mediatcu', in virtue of the aiuM'ptaiH'e of its jiood ollices on the part of Spain, the uiider- >i;;ned cannot for a moment doubt that while it holds tliat trust, it will ii'>|»oiid with its ai'customed loyalty to the coiilideiice of the Si>anish ;'itveriiiueiit. Ill the la.st i»lace, the Secretary of State informs the nndersjn^ned that ''V rea.soii of the aliove nieiitioiied intervention of the IIou.se of Itepre- >intatives aliout the sale and tleparture of tl.e monitors, oiders were hlispatehcil by the President that clearam-es should not be ^iveii to them, «*•!' that they should be permitted to go to sea, a. id tlie.t in t*uii8e(|uencu ;'^v«;j!'.F| f .?jj-^ n. 720 TKKATY OF WASHINGTON PAPEHH ACCOMPANYING Ft V ^K tho vessels ;iro detainoil. anpnMiat«'S tlic issuauct' of sucli (mlors, aud miis! hope that, th«' ' fouiul just in itself by the provisious of the \i\\\ of neutrality and the pieseiiptions of internati(>ii;i law, such detention will not eease until the state of war <*eases. As loi what the jiovernnient (»f Peru may have of1ei«'«l to that of the I'iiitt'( Stales as seemity that tin* monitors shidi not l>e employed in hostilitjo a,uaiiist Spain, tiie umh'rsij;m'd will make no r<'ply, not havinj;' iiiiv (•aiise to douht the sincerity and <;ood faith of su(!h otters; hut tin cii'cumstance cannot dis<'liarjie him from his artnn of the Spanish and Chilian vessels from London chanarties and Immu' iicial to the inten'sts of all natitms. The luuh-rsinned reiterates ajjain to the honorable Secretary of Stiitc the assurance of his hij;ln'st ccuisideration. FACUKDO GOSl. lion. William !I. Skwakd, c(v'., dr., d-c. '*&. [72S] *Mr Goili, Spanish minister, to Mr. »SV/r(Mv/, Secretary of Sfote. [Tr.iiislatiim.] Le(;ation <»1" Si'Ain in Washincjton. W^sliiiHitoti^ Noremher "Jl, ISdS. At one of the latest conferences in relation to the moiutors ('atawl'iil and Oucota, purchased for the j;overnm iit of INmu, the honorable SnT li'laiy of State (»f the I'nited States, after a^ain presentiii}; some oliscr- vations expr«'ssed in his note of tin* Htli of duly referrijijjf to this matter! was pleased to make manifest to the undersifjned that the SpiUiishl ^overinnent couhl, without obstacle of any kiml, <'onsent to the (le|iiiit| ure of those vessels iu considenitio niiy the (lis ofintiMiiiitioiinl r,\r coascs. As lov lint of the I'liittd )loy(Hl in hostililii's y, 'not liiiviiiji' i\m h ottrrs; l»ut tliiit maUinjj; just ncla 10 pros«M«t noto l>y lish honorary litv d •tlu'ivfonMlcsiiis ovtuiiatcly she now concortoa ii', r, Spain finds hcrsi-lf tion of the iiiomtois innirnt of the VwM 1. to he ivspecttMl tin' iiit(.r it may siM-cccd <•• parties and Ikmic lie S«'('retary of Stati'j ingto law, as recront coinnMnii<'ations rcM^eivod at the I>('])artniont of State demonstrate, sind especially the protocol of the eoulerenee which, 1)11 the 1st day of Si'ptemher last, was ohseived in Lima by thc^ repre- M'utatives of the four allied iepnl>li<*s, in view of so near and i>rol)al>le. ail event, the aeipiiescence of the Spanish i^oveiinnent W(»uld l»e Jnstili- |;il)lt' in resp<'ct of the immediate! departnre of the monitors, whieli need I to avail themselves of tlu^ fair weather of the sonthern hemisphere, aiul wonld nn)reover si<;nify a deferen(!e very rennirUable ami worthy lot' esteem. L'. That this (Joverninent havinj; assnranee that the monitors are not t<) exercise any hostilities a;4ainst Spain, not only hecanse of the '■19] disposition whi(th animates the f^'overnnu'nt *ol' Pern, bnt also beeanse the minister of that republic has nuideso solemn promise hluTCof, as the honorable Seen-tary of Stat<' has been [>leascd to assure llii' unilersi^iH'd in the said note of the !>th of duly, that Spain cannot Itiitertain, in this respect, the least reason ft)r withdrawal or apt)rehen- In eonse«pu'nee of tin; ju'eei^lent nnmifestation of the Secavtary of IState, the nndersij>ned limls himself lully authorized to declare that IiIr' present jiovernnuMit of Spain, desirous, as the representativi' of the Itiic new political situation creat«'d in that cou?itry, to give [)roof of its |:ii(iully attitndi; toward the Ilisi)ano-Ann'rican repnl)lics of the raeillc, Idascs to oi)i)ose the departure to sea of tin; monitors Catawba ami |Oiit'ota, h«)pin^only that the honoral)le Seeictary ot' State will please assuri; him, in conformity with tln^ offers made by the minister of I'liu, that the said vessels will mit att«'mpt to commit any act olfensive ltoS[)anish interests durinj^ their voyage to tlu' J'acilic. The undersigned has the honor to communicate the foregoing to the liimoiable Secretary of State of the ITidted States, and awaiting reply III the picsent m)ti', avails of this fresh occasion to reiterate the assur- Vkv of his liighest consideration. FACUX])(> (iONl. lion. ^^'1LLIA.AI 11. S]]\VAUI), ttr., dr., dr. Scvnhmj of Stdte. IWASHTNfiTON. yoremher '1\, l^^'"^- io monitors CatavvM In, the h«>norable N" Irosenting some .>l>ser| Lrring to this matt.rJ led that the Spainsii lonsent to the departf piiil circumstniKOs, to Spain nnd revn,aitj led into peace accoPH Mr. Scwaril, Secn'tary of Htaic, to Mr. Goili, Sjmnish minister. 1)];i\\ijtmi:nt of S'I'ate, }V((sliiii(jton, Xoveiiiher 'Mi, IStJS. SlK : Your note of the 24th instant has been received with [30] high satis* faction. I 1 gi\e you herewith, and with the assent of Sen(n' (larcria y larcia. minister of Pern, extracts from two notes which have been re livi'd from that distinguished gentlennin, relating to the proposed fltarture of the OiU'ota ami Catawba f(U' a Peruvian pent. It gi\es |t.'I>k'asure to add that this (ji(>v<'rnment reposes entir(> {oiilidence in V' fiillilhnent of the assurances on that sul)iect which ai>[»ear in tln)se ftcs. [I avail myself of the occasio';, sir, to olfer to you assurances of my |iy high consideration. I AVILLIAM II. SEWAKD. jSefior Don Facundo Goni, ct-c, etc., il". n mm^^^^w^ : i I n ,i i! !t ' ■ ' 7-2 TiniATY OF WASIIIXCTOX I'AI'KKS .\('rOMrA\YI\(; Mr. (idrciKj I'lfuriait iiiiiiis((r, to Mr. iSvicdrd^ Sn'rclari/ oj' Stidi. l'VviUi>^hiXiin\. — F,x tract.] CLAKr.NDox lloTKL, Xn. j'.'ll] *}fr. (I'lytlii. l'i' Sfafr. [TiMii-latiou. — Kstracl.J rLAni:M)(>N Hotel. Xar Yarh, 'hdi/ )l^, jsiis. Sii; : tlie tore;;oini; wouhl iindoul»tedly sullice for the end in \'n-:\ when addressing:' an ujuiiiht and enliuhlened liovernmeiit. such as tli.ii of your excellency's, hut the ;;overnineiit of IV'iii voluntarily and dcljli erately desires to olVcr to yours the most perfect security as to tlicicdi tilde of its intentions in seiidiu':- those \essels to the coasts nf tln' repuhlic. and f<»r that purptise has inslriicted me to reiterate. cx|U(s-sessi(tns of Spain, and without «'oiniiiiltiim any act of h(»stility. directly or indirectly. a,L;ainst the llai;' of tint ii:i tion, ('itherat sea or on land, to which tliey may not he provokctl. Tli' InuHU' of the reruvian ;;overnment, I a^.iin repeat on this nccasi.iii, Uiiarantees to your cxcelleiu-y the strict fnllillnu'iit ol" this solciiiii pj'omise. I have tlie honor of subscrihiny" myself, with the hi;4hest coiisidcia timi, \ our exc«'lh'ncv"s most humble and obedient servant, .lOST: ANT(LMO (!. V (lAKCIA. His Ivxcelh'uey Wii.l.lAM H. SkwaK'D, Sicrilarj/ of tilt' i'nitiil States of Afiiericd, ]V<(sliiii/it(in. ll ^fr. L'ohcrts, Spanish ml)iistf>% to }fr. Fluh, Secretary of State. [Tiaiihlatioii.] Legation of Si'ALN at Wasiiixoton, April ;;, b^!"l. T.'JUj *The uimersi;;ned, envoy extraordinary and minister plciiil"'^ tt'iitiiiry of ypaiii, has beeumc inft»rmed, by news comimiiiiii, nor tit , I hold in i>liMl!:r rmiicnl iVom tliis ■ to renew 111 yoi'.i eeni witli wliidi I l\. Y (lAKClA. I'OIN'l'KU CASK OK I'lIK KM'IKI) S'I'A'IKS, 723 Secriinrtj nf stair A-, 'hill/ L'S, IstiS. ■ the end in \if.v nent, sneh as tliii^ nnlarily and delib lit V as lo tlie iccli 1 lie (MKlStS (if tilt' (■iterate, e\|»ic>-il;. iiial i»voMi:-^i' tli;ii n;;-, or in iiii\ way itiioiit eoniinittiii.^' (• lla-;- of tlrit iia )(' provoked. 'I'l'' on tills oee.isioii. it of this solemn linhcst eolisideiii- ant, ;. Y (iAh'<'IA. Va.sliiiKjton. (try of ^State. iSlIIN'iTON, Ajnil ;•., I'^'X'- minister plciiil"'- ws coinuuiiiieateil t,)liiMi from the (/iil>an aiilhorilies, eonlirnied thron^^h other channels, that one'" ol" the IN'rinian monitors wliieh the Spanish s(|nadron allowed til leave oiw of the southern |M»rls y K'tiirninn" to the watei's of the island (»f Cuba, and enterin;;' one of its [Milts called IMierto Naranjo. The undersigned considers it his duty to call to this matter the atteu- tiiiii of tlu' honoralde Secretary of State, to whom he doiilits not such |iincednre will ean;i,uned thinks it ])roi>er that the honorable Secretary of State should lia\(' exact inlorinati(Ui about the matter, an' the as>uiaiice ol his highest 'coiisid- eiatiou. MAriacK) LOPi:/ ifor.Kiri's. The llonorabh' SKCin'/FAm (U' Sr.vTK / Sfatr, (n Mr. h'olirtts, Sjiniii^li nun inter. J>ei'ai:t.mkm" okStati:, W'd.sliiiif/tini., April 7. ISO!!. The nndersi<;;ned, St-c'retary of State of the I'nited States, has tfie Imner to acknowled^-e the rcceijit of the note of the ."id instant from Hon Maiiiii io Li»|)e/ luibcrts, envoy evtvaordinaiy and ministei' plcnipoteu- iiiry ot Spain, statinji" that he had been informed by the (!uban author- ities, which information was contirmed throutih other channels, that «uu> III' the I'eruN ian inonitois had entered the ( 'iibaii port of Naranjo in vio- iMtiiiii of the [>romise made In Sehor Don (lareia y (iar«'ia, minister ph-ii- ;tiitciitiary of I'eru, before those vessels left the I'nited States. Ill reply the undersigned has the honor to stati' that this Department ii> no other information on the subject than that contained in Mr. Ifob- 'it>"s note. I appears, however, oi\ examiniiij;" the terms of Mr. (lareia's it'tcs on the occasion of the depaiture (d" the monitors, that they do not "'Main any ph-dji'e that those vessels shall not enter a Spanish |)ort iiiKk'r any circumstance, but that they shall not, on their way to IN-ru, Utack the i»ossessions of Spain. Mr. Koberts d(«'s not allege that any ^'i
  • lac»>. The un're entrance of one of those vessels into a Cuban i«»rt cannot Justly ''<' ni;;irded as a hostile act. It may luve been c(uupelled by stress of Weather or «)ther similar cause. Mr. Koberts is aware that the monitors ii'ti'ned to wore not intended for .sea going' vessehs. Indeed, they cannot II Plf!l|iP|i!!«i 724 TKKATY OF WASIHNf;T()\ — I'AI'FKS ACC* )MPANYlN(i m li t ! f i 8V M i r:^ I A id '■A — ! ' 'I ] If fti! iiavijiutr tlio occiin uiilt'ss ntt('ii(l«*il or towed hv otlici' stciiiiK'is oi ms si'ls ; i-oiistMiiU'iiilv tli«*v «';iimot lu-iiiiiiii loiijn at son witlioiil piuctiMliiin to soiiu» noi't tor tlif iMuposc of irpU'iiisliin;;- tluir t'lU'l aiitl oiIkt .,ii|j" l)li«'s. I'litil :iiitlH-iiti<- iiitoniiatioii to tlic coiitiary shall liavr Ixt'ii ivccivtMi. it imist be pii'siinu'il tliat. if tin* Mioiiitor to whicli .Mr . Ii'ohcrts r«'i(i.s lias ill point of fact entered a Cnhaii port, tliat entrance was occasioiKMi bv some such necessity as that atl\«'rtcd to. The uiKhMsijiiied avails of this occasion to oiler to Mr. iJolierls ihr assurance of his hij;h i'oiisid«'ratioii. iiAyii/roN FISH. Sefior Don .M. Lopez KoiJiOKTs. Mr. Fifth, Sirntory of AStntc, to Mr. h'tihcrts, Si/anifth minister. DErAiJT:Mi;NT oi' Statk. ]y((sltin;ft(>n, April 1 1, ISdii. SiH : I lia\e tin- honor to inchise foryoiir inforination tiie accompiiii) in;i transcript of a note of the '.>ih instant, athlressed to ine by the iiiiii ister of I'ern, in whicli is j^iveii tin- substance of coinnniiiicatiitiiN |7o.j] received l>y liini t'rom the *<-onnnaiHb'r of the I'ei ii\ iaii s(|ii;i(huii. to wliich tile monitors Atahiial|»a and MancoCapait licloii;;, cs- jiecially with re;;ard to the visit ot tlie hitter on a hite occasion t»> llic ptnt of Naranjo, on the northern coast of ('iil»a. Not (htulitiii^" tliat yon will receiNc with satisfaction the statt'iiicni ui Mr. (larcia, I remain, with the highest consideration, your olicditiit servant, UAMILTON Fl.Sll. Sefior Don 31. Loi'icz KoiiKUT.s. Mr. l^ftlM'rfs, Spxnish miniitti'r, in Mr. Fi,sh, ^ivretary of Sl«ti'. f 'I'laiislatiiiii.] LKdATioN OF Spain at WAsiriNCTox. Apyii i:., ist;!t. The minister plenipotentiary of Spain has had the honor to receive the note of 1 Itli instant, in wliich the honorable Secretary of State jileased to send him copy of a communication from the minister of I'cri. dated the !>tli, explaining the causes which gave occasion for tlie toucli ing at IMierto Naranjo, in the island of ("ul>a, of the Peruvian iiioiiitor ^Slaiico ( 'apac. The undersigned has already sent to liis government these satisfac tory communications, and presents his thanks to the honorable Sccnian Fish for Ids attent'on, availing himself of this occasion to olfer to him the expression of his highest consideration. MAlJltlCIO LOPEZ ItOlJKKTS. The Honorable S'^.crktakv of State Of the United States. (.■(H\'ri:i{ (ASH 01' TiiK rMTi:i» >tati:s. 72.n , n :;J7J •C()l{Jii:SP()NI)KN(^K K'KLATIVK TO-TIU: J'LOHIDA, AT PIULADKI.IMIIA. 1/(. Fixh, Secretary of Stafr, ti> Mr. Liniitmll, S4rrttni-y of the Treasury. Dli'autmkxt hv Statk, Wit.shinfitini. April .'{, l.S«- In- rails r«-lu'ls in liis cuiiii- tiv iiH' tirtiii;; out a .stcaiiuM' ralltMl tlw I'loruia. at ks tliiit tJM' clcaraiu'c of tliat Nt'sscI may Im* pn-Vfiiti^^I. I will «oiis«'qiu'iitly thank you to ruu.so ini|uiry to Iw luatk' Mito the msf, and to a^lopt such measures as the lesult may warrant under tlio law, I have the honor to be, sir, yours, &c., HAMILTON FISH. Hull. (iEolJliK S. iUil TWI'JJ,, Secretary «>/" the Treasury. ILTON FISH. ^ IJOl'.KRTS. Mi\ Fish, Secretary of State, to Mr. J/na,; Attorn* y-General. Dr.IVM.'TMKNT «•!■ STATK. ^\ii!ihiio/t"ti, Ajn'il '.), 1S()0. i'lS] *Sii: : Mr. ICvaristi^ La K'oche. the cliarp- d'allain-s of llayti, has a»l(iressed a note to this nepartnicnf, statin;; that he has in- I'liiiiation totheetfect that a steamer nametl Floriila is in the course hI hcin^i lilted out at Chester, I'lMinsyhania, for the s«^'rviee of the in- Mii^t'uts in aims a^iiinst his p)vernnient. 1 will ('onse(|uently thaiik you to instinct the proper oftlceis to j)rose- I it< any jteison \vh(>, in the pro(;eeding rt'ferred to. may \iolatethe law "I the rnited States. I lia\t' the honor to be, sir, vours, iJte.. HAMILTON TLSH. Hull. K. IJOCKWOOD IIOAK, Attoruey-iieneral. Mr. Hoar, Attorney-General, to Mr. Fi.sh, Secretary of State. ATTOUXEV ( iKNEi: AL*S OlFK'E, Wa^hitujton. April UK 1S(V.). ^in : T am in the receipt of a letter from you of the :U\ instant, eon- ^tviiit; certain information received by your Department from the '!i;u;:c d'aHaires of Ilayti, relative to the ti'ttinir out i»f a steamer named lltirida, at Chester, Pennsylvania, for the service of the insurgents now ill aruis against bis government. r I pllif flf Pi^?" ~0<' TI.'KATV OK \VASHI\(;T0N PAIM'.IJS ACCOMI'AN VIM; r inclose yoii luMcwitli ;i ropy of ;i «-niiiiiiiiiii(';iliMii adilnsscfl In Hi,. I'llitt'd Sliilrs ;itloili('y loi' tin- t'iistt'JIi tlislllcL ol' riliii.s^ Iviiiiiii ii|mi|| tins siilt|('('t. I li;i\(' tlu' Iioiior to l)«* voiirs, \(' Hon. Hamilton Fish, E. i:. lIOAIi Mtio'iiii/| *Mr. Ilniir, Afforih >/(li in rnl. f<> tin ilt.sfricf oltornrif nf fhr mstrr, (li-strivt of J'tiiiisi/lronix, WASiriNCTON, Ainil l(». lS(l!t. Sli;: I inclose lierewifli it copy oC !1 lettel' Mildressed to lliis (itlicc ii' (Ml 111- Hon. Iliiinilton l-'isli. Seeietiiry of Sliile, st;itiii^- tlcit lie Inis recciv intorni;iti«»n to the ell'ecl llnit ii sti'iinier iiiinied the I''hiiid;i i>; in coiii' of Itein;:- litted iint :it <'hes|rr. IN'nnsyI\;iniii, for the service of ilic sui.nents ill iniii> iiuainst tlie ^o\eniiiieiit (tf !l;i\ti. Yoii will jtleiise tilke such st«'ps ;ind institute such proceediii;^-; iin seem to l>e necessaiy tt» pi'eM'iit or to piiiiish a \iolation of the laws of the I'niled Slates by the pailiesulio may he en;;a.ued in an\ ill(';;;il transaction ecninected with this \essel. You will report also in iIijm otiice any i-eliahle infonnation upon the snhjeet, and any adion ih it yoM may take in imisiianee of these iiisfr ions. \'ery respee-i fulls , yoiiis, ^:e !•:. i:. iroAi; L'MiEi) Stati:s Att()1{m:v, /•sOstrnt Ih'strlct Peini.sj/lrait!((, riiil(ul('lj>lii((. [I "or iiich)sure see ante, p;i;;e 7l.'"».J ,1 lfnniiii(i< in nil. Mr. iioKtici II, Svcntnnj of tin Treasttrii. to Mr. Fish, Srcrrlnyi/ ni' liltoh: |j;U H; in~ iirv TlJIvASt'in Dl-.l'MMMKXr, Wiishiinjtnn, April IL', !S(l!t. Sti; : 1 ha\e the honor t(» ackiiowlednf the re«eipt of yoiii' leltcr nf the .id inst:int, relative lo the litliii;^ out at t'hestei', iV-iiiisylvii- I 740] Ilia, of the steamer *l''lorida. w hich the charge u retpiest this Department to caine in'|i to he made, and to at such measures as aie pioper in the pieii III reply, I ha\e to iiitorm you that a i-opy of your eommuniciitioii u;is transmitt<'d to tho collector at Philadelphia, with instructions to icimhi if ther<' wci'e any .urounds for the suspicion entertained by the Ilayti;ni <*liai;ic. and l>e vigilant to enforce tiic provisions of the act kI -'"•' Apiil. l.sis. , On theStli iiiK.ant the collector made his report, statiiijr fl>ii< he liiitl fully advised tlu' c(Mnnuindiii}; ollicer of tlu' revenue-steamer Sj'wiud what course to [)ursue, and had also coimuunicated with tin' assistnnt list' I'ANV1N(; ('ui'NTKii cam; Ml' Tin; r\rii;i> siait.s. JuMnsscfl Id till. niiNNhiiiii,! ii|Mi|| OAK', tmiii ii-ili III fill. iijf of tilt idstrni •.wvM'yin' M Chvsti'v in rrliilion to tlic iiiiitlci', a <'(»])y of wlHtse letter u;is iiic1(»siiiit ntpir-i (it'thc^f (lociliiniit ^. I ;i1m» iiiclosr \ ;i>; Ml of the laws iii' ed in an\ iilc^ral port also to tlii>i [ any aetitai tli.it oAi;. fonuii-(tiiti lid. Til] "[llK-ioMllV.] )li: ]hKirr, luillrrlor of rtisloins, fn Mr. I Unit in II, Scn'i tm'ji if tJu Trnisuni. CrSTOM llolSK, I'im.ADKI.l'lIIA, CnUntof's (Hjin\ . 1 ///•// S, \S(\\), mi; : 1 ha\e receixed vonr letter of therith instant. iin'losin,. MOOIM:, Ciillirto)' if ('Ksfoiiis. llidl. (iKo. S. IIOITWI;!,!,, iSwrrtarif of the i'nasuni^ Wntih'nujtoiu l>. ('. ■i-rfiirif of Stiili: \i; rMKNr, [pril IL'. 1^'!!'. if your leltcr 'if sti'r. l^•nn^vl\:l ;illaiies of llayti e service ttf tlic (lore, he asUcd to cause iM"iiiir.v in the pn'Miiscs. ininnication was u-tioiis to i( pi'it hv tin' Ilavtiaii tlic act ->f -"til in<; that 1h» hiitl steamer .Scwanl h the assistant [ Illt'luMlIC. ] .!/»•. LH:v}\ht'rij, sKnu/ior^ to rollirfur of' «7^s■^>»^s', VJiilmlitphin. Ol-lK'l". Sli;VKV(»l{ ol' ClSTOMS, i'liistir, J'iini.sifln(ni<(, Ajtril S, ISdO. ''^ii! : In answer to your impiiries in regard to the stcann'r IMorida, n iw ini(ler;;-oin;x repairs at this poi t. I ha\ c the hoiH)r to say thai. 1 ha\(' made (lili^cnl inquiry in rej^ard to her destination, ami from information taiiH'd, tind she is houml lor Itio. South America. The I'loiida itl'j hclonj;s to I''rederick \V. Clapp, of i'.oston, No. 17 Kowe's *wharf, of whom any infoiinati(m in i-cpird to her «lestination can bo iilitained. iKCSiu'ctfidly, yours, i^c <.'0LLK('TOU OF CUSTOMS, SHNOW LlTZi:.M15l-:i{(i tSia-vcyoy, Philadilphia. 1^ f 1 1 f 7 is rur.AlY OF \VAS|II\(;T0\ PArilKS A( (().MI'.\\YI.\(i Mr. liiiiitinll, Sirffttiri/ of' lltr Trt'usun/, to vitlhwtor of ouHtoiiH, VhlUi- Ti: i: Asr i{ Y I )KPA iMM i:nt. Washiniifoii, Ajnil !'_', ISdiJ, Siij : I mil ill ii'cript of your Irftcr of llir Stii iiisiiuit, rdiitivc to the stciiiiKT I''lHii(|;i. ;i!l»'tr<'«' littiiiy out ;it Clicstrr, IN'ini>\ l\ iiiii.i. fm tin- scrx ice ol' t lif cliciiiics ol' I lit- ;4o\ ri limnit of i l;ivti, iltiil st;it iiij; tlijil yoii liiid I'lillv ;i(l\isctt'i' i-oiM'rniin;; IIh' iiiatlcr, ;i copv of w liosc Icltti yun iiiclosi'. Ill rt'ply. tile l>i'|t;irtiiu'iil ;i|ii»io\cs \oiir ;iclioii in tlio iin-iniscs, nnd if tlic riisr (Icmiiiids it yoit will plriisc tiikc tin* hotid provided lor liy tlu' first section of iift of I'tMli .\i»ril, ISIS, cliiii)!*'!' ^>.Sj pji;;!' H.", Stutiitis iit Laijir. vol. iii. \'t'r\H'spt'«Mfiillv, vours, \c,, (iKO. S. IJIM'TW KLL. SnTt'tdi't/ of tlw TtrKsiiiii. COIA.V.CTOU OF CrSTOMS. riiihuU'iiiiiiii. nu i: ; (71.>j *.l/>\ llimi\ AttoriuydiiuKiLio Mr. SiuiHi,(liii(riil altonui/, I'liilu- ill Iphia. WASIIIN(!ToN, Mill/ 1 I, ISO!). Sii; : It has Im-cii orally rcportc^l to the DcpaitiiK'iil of Slate. I»y tiie iniiiisler of .Spiijn. ••that the sieiiiner Atlanta at i'hiladelpiiia Iimn been sold to tlu' Ciiliaiis. and that tin* steamer I'loiida at Cheslir. IN iiiisyl \ania, isheiiin' lilted oat iiiidei' suspicions ciieiiinstaiices." To tliislast named Ncssel the nii 1/ hi<(. Mr. Fi.ih SivrcUtry of Stall., to Mr. Hoar., AttorncifGi-ncral 7141 •DKPAirrMFNT OF STATIs, Wasliimjton, May 1*>, f^'i!'- Sir: I liavc ,he honor to inclos*^ n copy of si tnuislation of a imlc ,|;iiii ^liosc letter ynii <> pieiniscs, mill pi'(»\ itU'tl I'nr hy iyc-M7,Stiitiitf«i TWKI.I,. //(( 'I'lrilslini. COlNTKIt CASi; OK Till; IMTKK SI'ATKS. 729 ' oltnrtu jl. I'liihi- ^fn\| 1 J, isr.!). f>f S|;ite. Iiy the 'l|»lii;i liiiN Iteeli lestcr, rciiiisyl ." I'o lliislast \\\\s iilsd eiilleil to the I'nited lit yoil ilielesce fo llie iieiitlalit\ >el. I1()AI{, initi/diKi'i'dl. rhiirir*' trulViiin's ol" Kayti, st'tliiiy: I'ordi tlic rrasoiis ln' still I'litcrtiiitis t(ir tin- opinion tliat the stcanu'r I'loiitlaal Clu'sler, iN'niisylvaiiia, has iifcii pi'i'parcil ami is aliont to start tor tlie purpose of eii^^riiiijnir jn liit.st ill ties a;;ainst liis ;;t»veiniiieiit. Tiie exp«'ilieiiev of rtMpiiiiiij;' tlic MMiiiit.v wliieli Mr. I,a Koelu' imliealos ayainst a \iolafion of tin* law of llie Iiiitctl Stati's ill this ease is siiliiiiitte<| to yoiii' «'ail\ consiileratioii. i havt' the honor to be, sir, y. AiiM.'KY II. Smith, Ksip, Vniti-il states Atlnrmij, I'liilnhlithla : litM»k out lor the I'loritla. On i»ro»it" of pit»l»al>h'«aiis«', lihel and arrest luT. K. U. I1()AI{. Attonity (hmral. Mr. llonr, Attorncif-itencralj to Mr. Amhrirs, Ciiitcil Stiitrx iiKirshal, WASIIlNCil'ON, Mat/ IS. 18(59. 7I.">| •Sii;: I inclose for your infoiiiiationa portion of the translation of a n«)te, sent hy l\ir. Mvariste La Koelie, eliarj,'e d'atlaiies of lliiyti. to the Seeretai'y of State, and l»y the Seeietary of State to this I'llire. 1 send inclosed, also, a ] •Silt : Your letter of tlie r.th instant and your letter of the Stli instant, both addressed to the Secretary of State, relatinj; to thb Neutrality laws of the Uiiite«l States, and your duties as marshal iu ref- iTeiice thereto, have been sent to this oflice. f-m 7.:;«k TUr.VTV or \VASHIX(;T<>\ — rAl'KK>< A<'COMl'\\M.\,; :i .: ' J:i'fi'' Tiu lir"*' -fVtMi «i«M'tiinis of <'li,ij». S:s ;it' ihv iicls .»t" Coiiiircss of isjs, (."» StiUiit«'s ;tt Lar;i«*. Mr,) jirovitlc for llic niiuislitnciit of persons ;i!i(l tlu" folt'i'ittlJf i«lenl. or siicli other person as In- shall lia\e eiapow eretl tor ihat piirpo-^e. to employ the latnl or naval lor< is. or the miliii;i. for certain purpti>.i*«. nanud iii these sections. Sei-tiou^ M 'atl iL' iiiipoM- !■. •!... ...>.... I. iv,i..a til. .loll. .... ..>i'ii..i.o ..■> ... .>>oi .ri>.....t ..r < — .1 . . in the cas« > naiiiet) iheri'in . sels or to take a IjoihI. Whether .-nits. • itln-r ct iniina! or fur forfcitnre. are to l»e iiisiitiited, unist, s«» >ar as the local" officers are coii«'criic. So far a.-s .sections^ .iiiij ".tc(tnfer a lai i;cr povvi-r than litis npon llir ;»er.soii em|>ov.fre«l lt\ the iMcsident, pnrsnani to thesi> s. etions .sinli jiersons inn^i In- .s,M"«Mai!\ empowered for I hat i)ni|io.se; and ,\ou vlo not li.t\e tids power Wy vi••tu«^ of your ollice as marshal. It is plain that to ellicit iitly jnevcn! any \ iolations oi* this a<'t. or tit snrei\ punish them it ■ttnsmitled, the cordial .iml active ci» opciaii the disirit-i attorney m.ir.sh.d. and collector ot' the ptnt is rei|ii; \uy iiiforiu.t: ion that von ma< olnain in an\ manner which yon drcm Nvorth.v of any notice should lie imnu'diatcly <'ommnnicatid hy mhiim the district attorney, and also, if iclatiu;.:' to a \essel. pi the eollecinr nl the port. It IS not deemed hest at present to anthori/.e or icipiire \iiii to eino';»y dctediMs for t he special purpo.s*' of diseux eriny; vioiaiioiis nl th< provisions o{ this •jet. 'out _\oU arni your depUiies arc tApeeleil te receive ail iiit'orMi.ttieu that nciv ln' otVered. and tt» lie ,(tl»nii\ e in ,il! oil III 'He. !7lsi wl nr-ittttsof -uspieioe that come w iiliin \onr know led, i;»'. and in ;i-r (C!e \Mur actnui is reipuicd. to lie vi;;ilant. *pro(npt. ai it elli Hi cieiit. t v\ ill thank \o tVom time to tinii' ai)\ ititormaiioM tliat \on de<-m trust worthv and impoitunt. TIm' loeal odiecis are in no evt-iit to wait lor insi riiet ions beiorc acting in eases where lli *y are con\inced ihat a violation ot' tliis act has heiii ('(xniaitted. and « Imtc delay may tirevenl its punishment, hut arctoact at oiiee upon tilt ir oesi jud^niiciit, and iinm''d:atei_\ to report such action to thi- oilice. f oiaiiiuniial ioii.s tiim _\oi". uulcss caihd lor h\ olln'i Departments, oi unless the sultjei-f if.Jtter neriains ;»ai ticulaily losiuli J>eparUueiit. shou'.d In- made to t his oili.-e. Very rc--peetiull\ , i;. l:. i.O.Vl! Fi;annnii(iti>cnil. [7U>j • U»- Il'Hn: Attonut/dt ii>,(fl. U> Mr. Fish, Siortiirif of Shitr. Attojjnkv (ii'.M',i:Ai,"s Oi riii:. Su! : 1 have th»' honor to iicknowledyre the receipt of voiii letter 'ilie loth iiisiaut. inclos'u^ a eopy of a translation of a note ot tiic I. Hi '.\N\ I.Nd I'lUMKK CASE OF liii; IMIKli SIAIKS. ::;i iMl.^rrss (if i>|s. t ol' liCl'SilIlN ;,i|(| (•iVrctfil 1>\ till' It Ol' liiici .tl' ill- lisirifi uiiuiih ;, . piirsuiiul to iiii> iin' !» «»r this ati ill liavr ciiipiiu s, i>r the iiiiliiin. 1 1 'III 1:.' iiii|Mt>i'' J 111 vcssi'ls eel' lis Lu lU'luili VCS- t<» !»(' iiistituti'il. M' (Iftl'lillilH'ii lt\ i;iy in- Kiiuw II III iials It) (mII ii|in!i ic ^i'r\ let' ul' |iru :IM this U|M>ll till' ••-I' Si'tMialis .siicli : and \t>!; iln no! ttl' 1 Ills ;ict . iW ill r CO (»|H'i';il ioli ul' jMir! is ii'(|ii;siti'. u iiirii VHii (Ici'iii iratfil \>\ \ III! Ii I t lie t'(il!r< fi'i' 111 oi- rcijuiif >iiii iiy: \ itilaiiiiiis (it arc c\|icct iiiiiii|it. and ctii iiiM time to tiiiii' ant. IIS hcl'orc acliii:; lis aci lias Itfcii t. lull arc to act i(»rt such action il lor li\ oiliiT icidarlv '<> siirli .oAlt, CI /ii>l(hiici'laiit, aildic. >"mI to tin' Dcjiai tiiiciit of State l».v ^Ir. I"-\ aiish' La IJocljp, ciiai;;!' d'alVaiics ni jf.:; ti, all iclatiii;,^ to the steamer I'loiida at < 'Iicstcr. j'( iiiisN i\ aiii.i. A cojtv of tli«" traiolaiioii of the note has hccii l»y me sent to the Si'cretarx of the Treasury, thai he may issue any iiistriietioii.H 111 till (itlliM'tor <•!' the cu>toi!is f(.r ihe re\(!iiie distiict wiHiiii uhi<-li { iicstci' is siliialed that he •leeiii> Ite^t, 1 list I uct ii»ii> lelatiii;; t(» this • icaiiicr lia\e already Iweii sent hy tliis «ii'Hcc to the inarsha! and at- liiriicy el" tlie I'liilcd State> lor tin- eastcn distiict «»r I'cniisylvaiiia. The rnitcd States attoiiicN> ,i!mI marshals are iiislriict«'d to receive ,i!iy inlormation that ma\ U- ittVcn-d teiidin;:' to sliow that any \iolatioii (ii liie nciiirality laws has In-en committed <»r atleiuptt'd, .is well as to lie altcnti\ c thems toaii> mattei> ol" suspicion that ma\ come within liieii' lviio\\lcd;^e, i'.nd w iiciievi-r complaint is made a;;ainst any vessel III) trn^'i worthy «'videiiee siinicieiit l^M'stahlish helore a court of Justice, inoiialile cause to helieve that such vessel is |oi;'citalde lor a violation III' til.' neutraiils law>, they are uistruded to tile a lihcl and detain the M'sst'l. The piopriety of your nitormin;' Mi-. la llociie ihat he may cniiuiMinii'ate any tacts NMtliiii his kii<»wled;ie rjlain^loa \iolaiioiiof ilii neiitrailty laws directly to a I'uited Stales aitoriiey. is suiunitted tor your coii>ideraf ion. ;."i(»] *\'i'i\ resp«'«ttull\. voiir olM-diciit servant, !•:. K. IIOAK. .1 ttin nnjlivHtrul. Hon. II \.\iii.i(t.\ Krsii, Snrrtlfff of Shift . Mr. lh>i'i\ Affio'tieti Grnff'if. I" .!/<■. Fish. S'lcnfo)'!/ of Sfiifr, AnnicM.v <;r.M;i; \i."s ()! I KK. \\'itslilii;ltiiii, Miiji IS, \: honor to acknowledge the receipt of your letter of this dale, iiichoiiiL.'' :: '"opv of a note of the I. Mil instant, addressed to vniii hcpartmeiit liy Mr. Kvan>«li' La l»toii of an armed \e>>e| osiensilily tor .lamaiea, 1ml ii.iIIn. a-« Mr. I.i l.'oche char;:^*. tor .'^1. .Marc, in lla,\ti. Iiistriii I ions :ippi°)>pi iate to tile (Mv lia\e this da,\ Itccii sent to the ' iiiteil Si.Ues attornev and marshal tor the district of .Massachusetts. \'c:v rcspecilulK. \oiir olHMlic.it .>ei\aiit. i:. K. IIO.MI, Attnincy-ariu-ml. Hon. Jl VMfJ/InN FlSTT. SicttttitQ (>/ Slate. Mr. J'ialt, Stcrtltny of Slatt. tn Mr. Miimif/. J>l.r\IMMKM" ni Si A ri'„ 'M I •.Sru: I Inue reeeived \on| letter of the L'Sth .Inly, asUiii;? me to auree. on (he part of this |l»*|,aitment. to the delivery Itv you of an Hilled vessel to the ilaytiaii Kepiihlo- in iIm- harlmr ol' lN»rt au I'riuce, "ilhoiii inolestation on the \o\.i^e. Ill rcpl\. I lia\«' t«» .Hiiy that ilicre lUien not appear, in the case tli;U !' 1i1 i i:\2 TUKATV OF WASinN<;To\ I'AI'KRS ACrOM5'ANYIN<: you prosont, lo 1»«' any propriety in an inti'rtVrcncc in tliis niatlci- I»\ this Di'partnu'nt, tlu' llaytian nalioii hoinj; at pt'urr witl. tlio I iiind States, and with all the woih! so lar as we have any t)ni('ial autliciitic intdi'inaticMi. If a slate mI' civil stiif*' prevails tiieie, it is one (»!' wlmli this ( ioNeininent has taken no eo;;ni/ane(>. I am. sii'. vonr oln'tjient servant, IIA.Mll/roN II SII. K. MuiniAv. i:s(|., 1;5l' Front stircf, \nr Yorl: Mr. Fisli^ Sccretnri/ <>>' Sfttfr. fn Mr. h'nltrrts, Spanisli tniiiisfcr. lUA'xnTMV.yiv oi' Staii;, \\'(i.slii)iold hy the ( iu\ fiiiiiuni in May last, is now littin;; out at the port of New York, as it is undii- stood, for a voyay'e to i'oit .in Prince, m Havti, for deli\crv to tlic Ila\tian utivcrnnient, with which, it i.s reju'esented, an e\ccntor\ run tract tortile sale of the \csscl h.is Iweu ina(l<;. The .\ilanta is id \n- armed and to <'arry as passcn;;c!> one admiral and other olliceis of the llaytian iia\ y. This information is ;^iven Ity a citi/eii of t lie rmfcl States claiming; to lie tlie pioeiit owner ot' the vessel, with a view in olitain the sanction of this (iovernmeiit to its voya^^e. it is coniininii cated to you to eiialde you to iiistitiiU' such im|iiiries and i:ikc >;ii( li aciioii as you iiia.\ deem nece>>a!y. I avail myself of this occasion, sir, to otVer to sou assurance^ of n.y hi;;']i eoiisiderat ion. HAMILTON riSII. Sefiol I>oli M. hciPK/ I{(>!n:iMS, tic, dr., civ. [7.^i| •coiaii:si'()Nin:N( 1-: i;i:i, ati\ i; th thi: si'amsh (HN noATs AT m:\v vouk. ViirAtliniritl I'uritr^hnSiTiitar'ju/SunjJo Mr. /V.s//, ^cvntanj oj Stali, y\\\ hKfAiriMlAT, WflshiKiltoH, Miljl lo. I>l'''- Sii; : As tin- inclosed int'orniatioii ma,\ l)e t)f use to yuu. 1 be;.; leave to stMul it. ^ er\ lespeettullv, D.wii) I). iM)i;Ti:i;. \'irr Ailmirdl, (iir tSrcrrhtry of (Ik .Vf^w/. Hon. I: \Atn,TnN FisiT, tSirrttiiri/ nf Slntr. [Iiirloanre.) 'file S|iiiTiisli Kovfi'iiini'tit linve rinitrarlcy M.illorv jimlollnrs. 'I'lif iMij^iiit s arc t<» 1k> T.'.l] limit. I>,v Dclaiiiiilfi', (if Niw York. Pisiiatili to l»r ii'^fil, as tlu-y an- \vaiitf(l *iin- ini'iliiit)il to In- rcailv in iViim sixty to niiifty days. Tliir"' is also in New \i>vU an ailniiial or luinniniluir of tin- S|(ani-
  • sn)H'i'in- iciid iln'ir t'onstrnriion, .and in- is wailing ortlns riuiu Havana Ui iniy nilicr Imats now ,A'\\ llilr — old Idoclxadvrs, i\ c. i/(. Ihirls, Arliin/ Secrefarn *>/ Shite, to Mr. Iii>hfsi)n, Sicn'tdri/ «/ llir y III- If, iM'.I'Mn'Mr.NT OF Statk, \V(is/iiiitjfi>ii. Aiiijitst ."), IS(IJ). Sii,' : I li;i\(' tilt' lioiiof to iiiflosc ;i (raiisljiiitiii of a note n*('('iveet\veeii Spain a ■ t I'eiil, tlie Spailisli jovniitiieiil are iie\ ei t liel«'ss eoiistniet in;;, a' tlie places iiidiealed in Iii.s note, thirty j;iin Ituats ecpiipped for war, wiiieli inav lie used to tlu'detri- iiniit ol Tein. Iiistiiietions lia\e Iteeii sent ity llie ,Vt toiiiey ( leneial to tlie disi riet; iititiiieyof New York to take a<'tive ste)>s fof picvent in^" t he sailing;' il such of tlie.se <;iiii l»oats as eoiiie within his jiuisdieli(Ui, and 1 have now to itipiest ot'llie Na\y Departinein to diiect the na\al t'oice 7">*>| in til- hay and harliof (»t' *New Voik to co-operate with thai olli- ccf in what he ina,\ do to cany out lii^ instructions. I liaxc the honor to he. ».\;c., J. C. i;. D.WIS, Acting i(l Poifrr. lor Stttiiiirij oi' lla A"*//, to Mr. Fish, Siintdn/ ol' 'state. N.'vv I)i:ivvi:tmkxt, \V((.slil)i!itini, .{iKjiist \. 1S(]0. Sii; : T liaxe tlie liotior to ackiinwlcdm' tiie receipt of yoni' euimuniii- i.iiniM ill relation to the Spanish nun l>oat>. have heeii issued to the coinniandiiio' oflicer at New York to :dVoid all the aid in his power to assist in prc\eniino- their de|iartiire, Hid three lucii of war ha\e Iteen ordered to that place. 1 ha\t' the honor to he, ^r., i».\vii) I). I'DirrKK, /"('/• Sivrtfurfi of \Ev | ish ;rini Itojits. On ilic'Sd iiist;mt I sent to tlic iittonicv oi' 'tlic I'liitrd St;it«'s, ;it N«'\v York City, ji trlc^^ram, of wliicli ;i coiiy is iiii-losttl. iii;ir!vctl N<». l,;iinl rccfixcd tVnm liiiii tlic siimc c so kind as to iiilonu this ofiicc of the action dcsiivd by that Department .' \'ei \" ic>pe«'llullv. \"c.. W. A. I'li;i.i). Actimj . I Itonii iidi iiciiil. Jlon. d. ('. P.. Dwis. Actiinj Ktcrititni of Stuti'. [ Iiiclii-iiin- \n. 1. 1 Mr. Fit hi. Arl(,i^ Attiiini ii, |sti!l. Hon. K,l»\V\i.M»S PfKIJlir.l'oNT. J'nltnf Slufrs Atlnrnnj, Si ir YmJ; ("itij : Tlic Sccrciaiy ot" State iid'oi-nis this ofiicc that the rciiixiaii iniiiishi lias !!o!ilied him that a state of war still exists hetwceii I'ciii ami Spain: that the Sp;uii>h /^t'^cniinciil has ordered the Itiiildiiii; w iliiiii the I'nited States of 1 hirty ^iin hoats e(piipped for war. lillccn .if [7."»7| •whiih are iMiddiiij; in the ship yard> of the Mystic lii\ci. t'oii nectictil. ten in I'oillon's yards. UiouUvn. New Nork, Imir nT w hie': la^t ha\c liccti laiuiehed.aiid arc ai 1 ► •lainati'i's, rccci\ in.; cii^iiic-^ ; a!id five ;^iin boats ari' Imiltliii;^ at (Irecn INiim : and llial ilic Presidtui •iesircs that \oiiai"t prinnj»tly and pri'\eiil the sailing; of aii,\ of llusc j.'mi boats. w. A. pm;i I). AcdiKj MtoriKii . ',•. J Mr. I'lrrrrjicDt. 'tistrirf 'iffnriirii. to Mi. Untii, Attorttnt *ir)ir>'"^ [Til eg rum.] X.iw Y(»RK. AHtmut \ '-^^ ATTnl.'NF.v Ck.nki af., Wmthinntnn : Voiirs r»'eeived. The Spanish ;4nn boats \\ill be Mtn-sM-d 'Irisdax t:i>\\ AKi>s i ii:ii!ii:poNT. ANV1N(5 COrNTKli CASK OF I'ilK IMTKl) STATKS. ioD iit1(triM'\ I)!' Mill' wliicli :i copy is • »I;iv ;i t»'lcj;iiiiii. •day iTccivcil ;i I'w Vol Iv ('il\. .ii ons (MiitMiiinl ill I )t']i;illlll(lll nf y aci ion devil. (I . IMi:i.l>. [(>)■/(( H ill IK llll. [Imliisiirc No. I'.] Mr. r>((rhn(\ Cnllrd Sti!K, AtitiKsf 4 lS(;i» ATT>\ *1 do not tliiiik il woilli while to stoji woilc oil tlio Sjiaiiisli ^j^mi l)oals, at Ira^^t until they aic iicailN ready to sail. 'I'licy caii- iKtl leave until we are williiij;-, and it' I'eleased the dainaL^es toi ^loppin;;' \si«rk wctiild he hea\\. IMease tele;;ra|th if this is not sal istaefory. IKWNCIS <'. i'.AK'LOW.' L'nitul ^S((lU.^i Mitrsltal. Mr. I>in-is\ Acfiini Srrrcfdyi/ i>/ Stute^ In Mr. f'!i rrcpmif. ilisfrirf (iffonifi/. [rilr^raiii. ] ili.slrict (dloriii ij. 1)1 I'K !•;, AiniKsi ;;. iMiii, \'i ir )'iirl: Cilil : ernvian riiiiii-^tci Iweeli I'ein ami l.uildin.i; williiii •r war. tiliiTii >i| ie l;i\er. Cull- York, lour of i\ inn eM,uint's ; 1 ihf I'liNidriil • r an\ ol' tlii'M' re a I'lKl.h. in IK II 'h /" '"'• ilf* <#t'«('W'.t, .1 'his day 1)i:iv\im'Mi;ni" of Siatf,, Wu.sliiiiijlitii^ AiKjiisl I, ISIVJ. Hon. I'.iiw AiM)s l'ii;i;iM".!'(t\T. I'llUrd Sliitiy. hislricf Alli>ril( >trrday oi'deied the eonuiiandant at New York to ael under your di- icftioiis in the nialter (d' the Spanish ynn hoats. The dnniata. the Dale, ilie Dictator, the I'rolie, and smne arnn-d tn;:s are read> to eo ()perate 'A itli \on. .1. ('. v.. D.WIS. 1/c. Il(\rliu(\ rnttiil Stolis intirsliiil, l<> Mr. Umir. [flonnii (hmnil, r.MTi;!) SlATl'.S MAIISII AI.'S Ol'l'K !•:. Sin riiiaiN DisnjKi" "f Ni.v. Y(U:i\, \f>r \sti«'. '""I are lannchi'd, antl the rest mi the sto»'ks. They are tti Iw l>r») so, ii' it sti«- to be hion.uht to New York. I'nless othcrw isc directed, i shall allow llieni to be bron.^ht here wIhu launched and tinished, (u]» to such a point that th(>re mi;; lit he daiiL^cr nl' their e.sciipinn under in> >upcr\ ision.) and when tinished, or neaily .so, the question of their detention can he linally decided. 1 shall lia\e to put .some men in charge of them as keepers. \vr\ respt'ctlully, Hon. !•:. \l. \\i<\u J'i;an("1s r. i;ai{!.o\\. L'niiol Slit ft ,s Mn the .^un boats. •• pi(t\ ided it in\ ol\-e> no e\pei Mil !.| 1 SI ■ III llu' Inited Sr;it( FGl stopped. 'I'heif will be the e\pcnse of keepers on the vessels any way. hut ie> ;4i-caler expense in case wo'k be continued tha.i if it It .1/*'. Palis, Acting Stcnttirif of Stuir, U> Mr. Jidiloic, i'niltii Shihs nii(f.slii l~'T DiwAiM Aii'.NT oi' Statu. Wiisliiiuiton, Ainiiisf I, l.sti'.i. Sill: 1 iiM'h se a eopN of a note ri'ceived at this Di'paitment Irom tin' l'eru\ian minister. ac<|Maintin;; this (ioveiinneiit of an intendetl vin lationofthe neutralit> laws i>y S|)ai!i, in the con.stiiiction and et|Mi|i inent w ithin the territor,\ and jurisdiction of the I'niled States ot" thul> arm ft I ;;nii liiiie\ (leiieral to tak«' immediate ste|»s tbi the tleteiitinii of such of tin se \es.sels as are in ids district. The Na\y Departnieiii will <'ooperare with vtMi in this new elVort to prexcnl a \iolati<»ii ot the laws t»f the ruitt'il Stales, and I h.ive (Uily to add that tlie I'residdil desires thai the same comnieiidabli \i^(ir which .\ou lia\c hitliert«Mlis- played in pioie«tiny; the neutrality of the I'liited Stales mi.v be slmwi. in the {iresent ease jTOL'j *1 iuu, sir, &{•.., Kl{A\ns ('. iJAIM.nW , Kstj., I lilted Sfittt*! MufKhttL Xew lark. .1. C. W. I) W IS, Avtituj Sariffu'll. vlifthcr \\v slia! corNiKK CASK oi" riii; rMiKi) siati.s. 737 Mr. F'nIi, Sn-yrttiri/ ttf Stuffy to Mr. li'ohrsnn. Scartftri/ of tin X(tri/. l)i;i'AlM MKNT nl- SrAli:. W'tisltiiif/ti'tl, Aki/iisI 10, ISJiiJ. Sik: Tlic I'lcsidcnt liavin;; ilrcitlcd to traiisln tlii' custody of tlic >|(;iiii.>li .:;iiii lioiits sci/cd for a \ ioliitiniiof tlif neutrality law to the Navy |)(|iiii liiiiMit, I have flif honor to inloini you that thi-si' M'sst-is afc now i;i ihc possession and custody of l-'iancis ('. Ilailow, »'S(j., the marshal l(ir the >oul hern district of New N'ork. Tiiciou tract or isc(»nstructiiiji' them for the Spanish i^-oNern incut. I'Nhii' nl'lliein are at Delamatci's yard, al the foot of 'riiirlcciit h street. North li'ivcr. In the harlior of New XmU ; live are at (Ireen Point ; six are at Poil- iaii's yards, in ISrooklyn, and lilteen in .M,\stic i;i\er, in ( 'oiiuect i<'Ut, all 111 I lie custody »tt keepers appointed liy t he marshal. I'hc oriniual seizure \\;is made under an (uder from the Attorney - jlioii and ci|iii|> Istalcs of lhnl> •\isls beiwc'ii hiccn insiractiil ,1 ihcilcicntn'ii |\y Dcpartniciil iolatinu of tlic lac rrcsidtiil o' hillu'rto dis- mav he sliowr. Mr. FIslij Scrrftnr}/ of Stdtr, ^» Mr. Hour, Attoruri/Getttral. DKI'AWTMKNT <)1' SlATK, Wtishiiifiion, AtHjiist 10, \Si]\). StiJ: I have the honor to inclose copies of letteis to tli<' district attor- ii.\ ;nid marshal foi- tlu' southern distiict of New York, dated this day, iiMiiictiiii; them to turn ov«'r the cirst(»d\ i>l the .spanisli ^nn itoats to ill N;i\y Department, hy onh'r of the i'lesident. I will thank you to .i^«>nnilar directions to these otlicers, w li(»se pi-oceeilinj;s were ojiy;iii- Iiil'ili \ oui" (Uder. 1 lia\ I' t he JKUior to he, ^r., JIAMIITON IMSII. linn. K. i;. Ilovi;, Attoriny (ii'iirral. [hH'losim-.] Mr. Fish, Sfcntarif of Sttitc, to Mr. I'icrrrjunit, ili.styirt iittonici/. '•dj • 1)i;pai!tmi;nt of Siaik. Wa-shitt'itoii, \iiifiist 10, ISdlK ^iu : I have to aeipiaiiit you that the President has «lecided to |)Ijum> 'I't'nistody of the j;iin boats, seized and held by Marshal P.irlow, here- '"'1 Willi the Niivy Departuu'iit. Voii will, therefore, so far as you »7 A I !' (.) li:i'AIM'MFA r OK SlAli;. Wii.sliiiijiluii, Aiiiiiisi l(t, i>(;it. SlU: I ii.iM' ti» :i<-(|ii:iilit vuii tli:it the l'irsiloilv of tin- ^11 II Itoiits. sci/t'd :iimI lirlil lt_\ von. licitMllcr u iiii tli, Niivv I >f|»;ii iimiit. Voii will tlicirtoic, so far as von liaNc contiol ii\c; tlu'iii. «lrli\t'r tin- <'ii^luily of tln'Mi to <\\r\\ ulUo'r.s of tlic Nav,\ ii> >ii,iii Ih* autliori/.cd to iccrivr tln*m. (7<»."»[ III i'r;^ai«! to t ill* |tio|»os('(i aiiiiaiiK'iif foi' t liosc *\ csscls. wliicli voii iiiulfi stood to he ill pioiTss of roiish net ion at Cold Spun;:. von \ull pli'asr «-oiiffr witii tin* )no|ti ictois of tliosr works, ami mi ir (•('i\iiiL; I heir assniaiici' tliat no dfli\ civ of siicli aiiiiaiiiriit will i»fiii;i(li v\itlioiii siiHit-iciit |ii'c\ions not in- to yon and tliis l>(>|iartiii<'iit. no" '<<''.^ .xay to tlirin tliat yon uill not. tor tin- pn'scnt, Initlici' inti'ilcic witli tlndr cariviii'r out llirir contract. I am. sir. «S:c FiJANCIsC. liAl.'l.oW. Ivs(|. MAMIi/roN I'ISll. I nitiil Stntrs Minslinl. Snvfliim l>istrii;ii'^i Kt, l> lie iciinircs oidiT-< from mi 1"1:ANC IS C. UAIM.OW. I nihil Shitrs Miirslial. Mr. Fi Iti, AitiiujAthnniy Udural, to .Mr. liarloir, i'nilal Stairs uiorx. loil. [T cM'uraiii ] \VaS1[IN(!T!•'"• F. ('. IJaki.oW, T'nilcfl Shttrs Mnr^lml, S'nr York Cilil : 7«<») *V«'stcnla\'s tcl«';.'rain rci-civcd. Von will follow iiisinictinii- of tlic Stat*' ih'parl incut sent yesterday, in rc^rard to itiitim;; Spanish gnnboals in rliarg*- of the Navy Dcpartiiient. The ("oinurti (•OlNIKI! CASK <»F TIIK I'NITKI* -TATF.S. 730 ii/roN risii. riit iiiinsliiil, if he li:iv«' (•liiiry:«' of the ;;iiti iMiats jit Mystic, will deliver •lie ciisIimIv uI'iImmii to such olliccrs of the Navy as shull lie aiit lioii/ed to receive I hem. Show this to tlie «listii«*t attorney, ami eoiiiiiiiiiiicate .tjili tlic (yoiiiiectiettl iiiarslial. W. A. FIKLI), A'ttHff Aitormii (iciurttl. Sl((t(s marshal. Mr. Sinith, Aclintj Strn'tar}/ of the Xanj, f» Mr. Fixh. Stvrcinrtj <>/ State. Navv I»KrAiMMi:Nr, WiiJtliiiiffl'ni. Aitijitst II, iSlj*). Sii; : I have the Ixuior t(» aekiiowhMi;;e the reii-i|it of yoiii- h'tter of 'III' KMii instant, iiiid to iiiforiii y<>ii rh.ir l:*'ar-.\diriiral S. W. (lndon, (iiiiiiiiaiidaiit oi liie navy yard, New York, lias Imm-h authorised t(t le i(i\e the S|>anisii ^^1111 Ixtats, and lie j;uidcd In the l'ie>ideiit"s instnu;- •iims <'on«*eniinji" tiiein. \'er\ respect fidiv, M. SMITH. Artiitij S4crttnry of thr .\((vii. The Flon. Hamilton Fish, Sivrrtiiry of State. w 'tiirm ji (jini rill TllTJ •.!//•. Ihiris, Avt'nuj Si'iritiir\f of Stnte.to Mr. fi'irlmr, Uniii't Statin marnlial. I>KI*ARTMKNT oF STATK. Waxh'nujUiH. Auijust l.'J, li^rtO. Sii; : I ;rive yon herewith, for your infonnation. a traii« ript of a letter lit' 11 ilie Acting' SccretaiN tit the Navy, of file 11th in^-taiit. tcjalivc to 'In transfer ot the Spanish ynn hoats which wen* r«*eently seized by "idcrni the IMesidenf, to the enstody of the i-imiinaiulaiit i>f the iiavy- II. I ;it New Voik. I have the honor to be, &.V., J. C. IJ. DAvrs. Art (IK) Srcrrtayf/. i'liANns ('. T.Ain.ow, Ks(|.,» I'liltol states Marshal, Xar Y^-rk. (/ stalls iiKtrshiil- V». Ihfcis, Acting Sccntary if Stati., to Mr. II»tir, Atturmy (icnefal. Depaktment of State. WiixhtH'jtitH, Amjust l.>, iSfiO. ^iij : I ;j;ivo you liorewith, n»r yonr infonnatioii, a transcript of a 'Hter from the' Aetiiij; Secretary of the Navy, of tlie lllh instant, Mativo te the transfer of the Spaidsh giiii-lxxits «|iich wen* recently (Ji •Mi mmF^m VI I 740 TKKATV or \VAS1II\(;T<>\ I'APr.h'S A((OMI'A\VI\(; It! [7(58] sri/«)l I»v oidrr of tlu' I'lrsiilnit. to tlu' <'nsto«l\ *<»(' tlir <'(mimii;iii(| iiiit ol tlu' iiiivv Njinl at Mi'W York. I am, sir, ^;c., J. (M?. h.WIS. Art ill)/ Sicntiini. Til.' lion. K. U. lloM!, Attnnirif (hnmtl. [For iiM'losurc swantcj p. 7.>'.K| i# J/r. /Va/j, Stvntnrif of State, to Mr. liouiinll, Svrntori/ of tin I'ltvsinii. J)ki'A1{tmi;m' or Siaii:, Wtifihiinitnn, Srittniilm- II. iSd'.l. Sii;: II:iviii<; this day i'«>r('iv«Ml iiitoniiatinii wliirli IraiU inr \n tliink that t>iH' of the Spanish y:uiihoats ,s«'i/nl srvrial wrcKs >.iiir(' at New York. I)v the I'n'.siilrnt's older, and subsctinrntly (-otiiniitted to ilii' nis todv of th«' 4'oinniandant of tlic navv vaid thnr. is in rradiiicss Ini sn vicr and tna.v attempt t«) depart tlienee, I have ihe honor to sii;4i:r>t tiiat siieh instinetions may Ite issued by your Depart inent as v. ill Iiinii'v the «'\eirise ot' proper \ iyilan«*e on the pail ot the eusloms aulliuiific-. of N«*\v York to prevent the issninj; of a elearanee to such vessel ^Imiilil applieation tor one he made. I ha\e the Inmor to b(>, ^Scc, HAMILTON I ISII. ITon. ('iKoij<;i". S. IlnrTWiiM,, Sirrctdri/ of flic 'iicosury. f . Mr. Fish, Srvrctanj of States to Mr. I'irrrrpoiit, tlistrirf nttormii. |)kiv\ktmi;nt <>i Sr.\ri;. [7(»!>| * ]\ iishiiifitoii, S'rri nilti r 'J't, l*^d. I sent \oii tlii> iihtm iiij; a teh'^iiam. as tollows : Tin- iiMUHf >iiii liiivc itilo|it»'(l. ii« nii-iitioiif)! in yniii lttt il >l;iinls and abide by it. Should ein umstances make necessary any departure Iroiu the line nl conduct indicated, you will be advised thereof, 1 have the honor to be, very respeettnllv, voiirs. HAMILTON I'ISll. Edvv a r I)s I M k 15 1{ I : pon t, i'uittd iSt(itvx Dintrivt Attmncy, Ncic York. l»A\vi\(; (»r the (■iMiiiiuiiiil l. I>.\MS, ctimj Srvri'tiii'fi. t !>/ flu Tnvsinii. h Ai i;, fnilhrr I I, ISC.'I. trails IIH> to lliliik 'Us >\i\vv at New lllittcd to llic r\\> rratliiicss Im sci honor to ,su;^'^t'>i cut as V. ill iiiNii'f •, Sii! : ^oiif ii'tlcf of IJH' L'.'mI instant, inclosing topy ol Dclaniatt'i's pro- tcsi. anil your trlriiiani ot (his ilati*. an- rcnMM'il. Tiif ;iiin hoats wi'ii* liltrli'il as I statril, on thi'L'Sil instant, tln-y wonlil III', anil n|)on tlir ;:i'onne their release oil li mil, 1 wish to he aiUiseil at an eail\ dale, as iliis mil he an iin|)or- taiit i|Uestion to he iletenniueil on a motion. It' t he ( io\ei inneut are willing: that they shonhl he released on hond, then in> eonrse w dl he MIA dill'eieiit Iroin theeoiirse whieli I shall take it t he ( io\ ernment do not wish them so released. I iliinU I ean ;:et a speeial adiiiiralty ','\\ *tei in appointed lor an eiirly trial ot the lihels. and thus dispose of the whole ipiestion liy an early trial wilhont an> hondin;;. i icsiMTttull.x aw ail the e\pies>ion of \oiti Niews III the premise>. Voiirs, verv respect lull V, i:i)\v.\i{i)s iMi:i;i:i:iM)Nr. / llit) liti'iii|>hll>'il t any reeo;;iiiti(»ii nts ot Ciiha, IIh' lie vessels lieliii; I hy |!ie (ioveiii n hetweeii S|i,iiii ler or dii:iiiiv ot ) the jndii'ial |>iii ease as it slaml^ • Ironi the liii«' «•' ii/roN 1 ISII. .1/* . i'lsh, Sirnturi/ nf Sfiih , fn Mr. I'll rrijunif, tH.strirt iitlnriu if. iM.i'vi: I m:\i i»i Sr.\i i;, WKsliiiiiftiiii. .\inrmlii r 'J*'>. 1S(»1>. Siu: I Iia\e to aeUnowled;:*' your letter ot' tlieL.'."»tli instant, in whieh Villi aekiiouledue the receipt of miiu* ot L'.id, and of a telegram Iroin me "I ilie •Jlth instant. \«iii mention that the ;;iin hoais i hiiildiuii' hy Mi', helamaleii were iiii'leil on the 'J.'td instant: thai you suppose a motion wdl Ite soon iii.hIc Io release them on hond : that as a nialler ot' eimrse the\ will Im- icIimmmI, provided the lionds are sal isfai|oi\ . unless the li()iiiil iioi he honded. \ on w ish, if t he ( io\ cninieiil oppose their release <>!i hond. to he adsised at an earls dale, as this will he an important ii's(iiin to he detenu im-i I on a motion : and \ on say that if the iied to operate in \iolation "I liie neulraii'> hiiy'ations ot' this vih^ suijye^f i HI was a renn»iisiiance from the I'eruviaii minister ^"■'■ii'dHed her-, against their dep.irlure, alleyinj;' tliaf they wiu'e armed W'sscls of wai , belonj^inj; to the ;:ov eminent of Spain, with which, as lit* ''''timed, the repuhlic of I'crii was at war. Till' . :^> op% 7 m m Photographic Sdences Corporation 23 WEST MAIN jTREKT WEBSTER N.f 1 4580 (716) 872-4303 '7: ) :".% <.. ^^.•^ ■^ 742 TKEATY OF WASHINGTON PArERS ACX'OMPANVING :r-i; ,i ? i'ir? tiou, but that tlicy aiv tlie property of :«ii Aniorican citi/.oi.) in dcfVi. t'lico to tlM' claim of tlu' Peruvian pnerinncnt, t]irou<;li its minister, has autlioii/.ed the proceedinj^s which yon have instituted. The (lovernment does not desire to interfere, with tlie proper disnc tion of the court in the ailministratiou of its «luties, and still less with its decisions and Judj;Tuent. The Tiesident explaiuet<(fi.s Attonmi fitr ih< Soufhcrn JUstrivt of Neic York. ! t^V i : . 'i 1^^ Ur. Tlarhnc. United t^fates nKtr-shol, to ^Fr. Fish, Sccvcidrii of Sfntc. United States ^rARsiiAi/s Ofeice. SoiTiiERN District of New Vokk. Xeir Vorl:, Xoronhrr '^il ls(>!'. Sir: I liave the honor to report that on the eveninj;' of the L'ith in stant, by (U'der of Aw I'nited States district court of the southern ilis trict of New York, I seized, and now have in my custody, thirty vessels known as the Si)anish j;uii boats, now lyinj;' at f«>«>t of Thirteenth street. North liixer. 1 have tive watchmen enj^afjed uiyht and day, and have hired a fiii: boat, which is in chaij^c «>f one of my deputies, with a «■>•> per day. For ju'itect security 1 .shouhl i)refer that si revemie-(Mitter or N ivv j>un boat should be detailed to be alon;;side tliese ves.sels, in plicei)! the improvised ;;uii boat whicli I now have. Admiral Godon cannot furnish me one without au order from tlic Department. Very respectlullv, your obedient servant, S. K. IIAliLOW, United iiitatex MarslnU IIoii. Hamilton Fish, iSecretary of ^tate. COUNTER CASE OF THE rMTED .STATEH. 743 I'itiziMi,) in (IcIVi- its minister, lias of Xeiv York. jrciai'n of SfKfe. II ortli'i- iVom tlu' Mr. Rdhrrts^ Sixuiish minister, io Mr. Fish, Secretary of State. Washington, Korcmher 21, 18(»0. Tl'i' iiiKlcrsifjiied, (Mivoy cxtriioidiiiary inid minister plcnipori'iitiiiryof S|ti.i, liiis (he honor to inform tlio lionoriil)l<; Sccv'tjiry of State tliiii, in tlio montii ot May last, tlio Spanish <;ovornni('nt, represented hv a commission of naval ollieei-s, made, with Mr. Cornelins I)elamat«'r, ii sliiphuilder and eiti/.en of the United States residin^in N< w York, a coiitraet, wheri'by the laiter aj;i'eed to hnild, for the aci'ouid ol" tlie Sjtanish <;overnment, thirty vessels of a certain class,, desij^-ned ,77.")] exclusively * for the coast service, and not for lonji' voya,ues, wliich are to he deliver«'d to the chief of said commission at the begiii- iiiiiji' (>!" the month of Deeendter n<'.\t. The innlersi;;iied diM'ins it his dnty to state to the honorable Secretary of Stare that the bnildinj;' of these vessi'ls was ordered to be done iu this repid)Iic, in the certainty that theie existed no lawfid cans:' wliich ■oiild impede the same, aiid in view of tlie numerous antecedents which existed with rej^ard to similar cases of war-vessels purchased in the riiitcd States by other foreij^ii nations, ami in consideration, nu»reover, of the tra«litional fiiendship which has always existed between both roinitries, which frie!idshi|» the recent revolution in Si»ain ought ai)par- fiitly to have served to draw closer. All tiiese things were cansidtucd when the contract was made by the Sjiaiiish lepresentative with the AnuM'ican citizen, Mr. Cornelius Dela- iiiater. Tims it is that the undersigiuMl has si'r]i, with the greatest sur- inisc. in the newspapers of the L'4tli and -."ith instant, the documents niiiiiected with the judicial mder rflati\t» to these vessels, signed by Mr. r,(l\vards Pierrepont, district attorney of the southern district of the State of >.'ew Vctrk. The tiist of these documents is an order for the seizure of the thirty ,i;iiii boats, foundeverament, and it results, moitM»v*'r, that the intervention of the ( JoN'ernmrnt of the iMiited States would prevent tlie government which I have the honoi- to rei)resent from taiving lt' Secretary of State is aware that S[)ain had already accepted the iiH-diation of the Tnited States for the negotiation of a peace, or the '"iji'i'iiig of an armistice, long before the republics of the Paeitic decid»Ml to de the same, and, as to tlie ndations with Peru, Mr. Hamilton Fish knows tliat she has given her consCiit to the proposed mediation, the prelimiuarv negotiations now beiiii' so far advanced that it is 'j.l ■ 1 ' ■ ;M:i |i , r; ■( ■ , : Ilr^'li K; 1 B!>i l!4 IN # 744 TIJKATY OF WASHINGTON PAl'ERS AC(^OMPANVI\r; [777] possible tliat on the \iMh of .Tiimiary next the i>loiii|)()t('ir*ti:iri<'S(i(' till' atorosaid icpublfcs may iiM'i't tlio pU'iiipotciitiaiy oi ||i(> Spanish nation at \Vasliin;;ton, in older to discnss the s;ii(l ii, jis is proved by the recent note which the hon<>rable Secretary of Stutc addressed to the undersigned on the LNUl of October last, wliicli iciul.s as follows: Tilt' muliTsiiciicd. Si'crctiiry of St.'iti- of Mio riiiti-d .Stafcs, liiis ilu- lionor to iickiiowl- (')ljft' tlic n rtipt of Ml-. Tyopcz Iv'obfits's lutto of tlii' l>'lli i list ;i lit, ill iiiiswi r in th,. i, .tc iHliht'ssnl to him l>y the iiii;oveiiinient.s and the reiirescntativc of .Spain upon the .siihjrcl ol u toiniiil aniiisticc or detinitive jifaee. bi reply, the niidersi^ned lias the honor to inform Mv. Fiopez IJuheits that his views ii]»oii thcsiilijee! id' the siiddcstcii eonfereiiceare in harmony with those oft lie iiiidiiNi'4iii(i, w ho liojies that he will in due season he able to eninninnieati' to Mr. i.upe/ K'uhirts the fact of t lie aiceptanee liy t he ;;o\ einmeiits of Eciiailor, I'erii, liojivia. an 1 ( hili. el' tlie proposition of t lie eonfereiiec ret'erred to. Spain, as is a notorious fact, and as ai)peafs fi'om tliplomatic (locii nients, has always been dispos hostilities on her part ceased in the I'acihc, tnid she accepted at once, iiiid [778] without hesitalino' *tbr an instant, the niediiition of lieiiiiicit'iit ally t he 1 1 iiited States, for the settlement of her differences with tlic iiforesaiti republics, disreuardino- the violent but harinlessdcnionstnitioiis which l*eiii recently thou.uht proper t8, he addressed a coimiinni cation to the Hon. .Mr. Seward, then Secretary of State of tlic 1 770] I'liited States, declaring that liostili*ties between Spiiiii and I'eru had ceased on the I'd day of May, ISCO; that the result was a genuine jieace as ftir as regards the duties and rights (d' neutral l>owers; that it was a de facto i>eace, a.s had been settletl by the laiitcd States ami other jiowcrs under similar circumstances, as in the c;isc ot the new SpinishAinerican republics before their recognition by S|)ain: that in the )uesent ease it had already been sodechleil by (Ireat Ibitaiii; that the state of war had al)solntely ceased, smd that neither the right nor the duty existed any longer on the part of the American (iovcrn- inent to consider Spain and Peru as belligerents, or to subject citlicnij hese two governments to any restriction in the ports of the I iiitiil States. On the LM)th of April, 1808, Mr. Seward replied, asking for liutlicr explamitions regarding the matter. Mr. Ciareia reidietl on the 8tU of May of the same year, alliriiiiii;^ m panvint; COINTKR CASE OF THE INITED STATES. 745 ii|)(>t('n*tiiiri<'S()r otciitiiiry ol tilt' siiid (pu'stioii, iis cictiiry (tf Shitr liisl, wliicli leads I' lionnr to ;i('kll()\vl- II ;iiis\M'r In til,' 1,'tc )miltiu;j, :i i-opy i,( ;i f(l Slates ;)( rnMiitcd j^ !l CDiit'rn'lici' ill llir r r('l)r('Sflit;iti\f.s dt' .siilijrct (il a t'dniiiil •Ix'its tliat liis views .Sfot'tllelllHlelsi^iHil, I) Mr. Liipe/, li'niiills liiilivia, all I Cliili. dt' diploiiiiitic (locii- r since liostilitics ptt'd :it once, iiiid oil of licr aiH'iciit ilVcrcuccs witli the ss(lt'in(tiisti;iti(»iis i)f the !):iii(lits(iiv i(> (lovcriiiiH'iit ot a rccciil (»cc;isii)ii Nmmi, wiio allowed ii'-tcr, to lUti'f, ill a.uiiiiist ;i tiation coiiiiiioii rales of ives of the savef- oral (iraiil, l're>i- liicli is tlie piinci- inks this a tittiii,^ M'l'ctaiy of State, t of the latter re- iiited States, and minister of rein. rts of the Aiiieri- ssetl il eoiiiimiiii of State of the ween Spain aiitl lat the result was la^iits of neutral e(i l»y tiie Tiiiteil iis in the case of >'uition Uy Spain: l)v(ireat I'.iitaiii: neither the n-iit nierican (ioverii- ) siil»i«'ct either of tN of the United dvjiio- lor fintlii'i' ear, allirinin;^ in tlie most explicit terrr)s that "there no h)n arj':iiment, with (piotations from distiii;;'iiislu*d piildicists, and refereiu-es to historical precedents, and with reiterated and fornnil declarations that the state of war between IN-rnand Spain has ceased, and that a state ofjieace existed as far as re^iarded all tjiiestions relat- in;;' to the th of July, l.StJS, as follows: 111 eiiiise(|iieiice of tin- proceed iii;is of tile Hiiiise ul' liepreseiitntives wliieli luive Ix-en iclfired to. it x'eiiis to tile President tliat tlu- oerasioii lias not _v<'r ariived wlieii it will lie iieees-iiry for liiiii to deelde tile jj;ravo (iiiestioii which has been raised liefoi't; this (ioveniiiieiit, between llie ministers of Spain and I'erii, naiiiely. the (piestioii wlutlier the war which was liei'etol'ore wa^^ed lietweeii those nations has lieeii prae- tiiiilly hroiijjlit to an <'iid or not. l'"riiiikiiess. however, oldi^jes the unilersiyiied to say tliiit unless some unforeseen «'irennistanees shall soon occur, the time for acting: upon ;li;it i|iiestioii wonld seem to he near at hand, TLe iiiideisi^ned freely admits the dil'tienlties wlii(di are likely to attend the decision (iftlie (|iieslion. It isi'ertaiii that a londiiion of war can he raised w itliont an aiitliorl- l.itive de( laralioii of war, and, on the olhei' 'land. tln^ situation of peiUH' may he re- sliiicd l»y the km;; suspension of Imstiliiies without a treaty of jteaec^ heinj^ made. History is full of such occiiireiices. \Vliat [leriod of suspension of war is necessary to justify the jiresiimplioii of the restoration of peace lias never yet been settled, inul iimst in t'very (.'iiso hi! determined with reference to collateral facts and circum- stances, 7^1] The Spanish 24tb of November, IStiS. Jii \ iew, then, <(f the considerations set forth in this note, and of the laets tlierein cited, tiie niidersi;;ned Hatters himself that nool)stai'le will he placed by the (ioverninent of the I'liite*! Stati's in the way of the exeeiition of the contract made by the (-itizen, Mr. Coriu'liiis Delamater, \\itli the repies«'ntative of the Spanish j^overnmcnt, ir.;d that ]Mr. Dela- mater may be at liberty to deliver the vessels as lie may linish them, wiliioiit any hinderanee. * Althoti;;h the niidersioiied has no ri>iht to interfere in a Judicial pro- leediiio' instituted by the (Ioverninent of the rnited States ayainst an Aiiiericaii citizen, it is his duty to state that ifthe.se proceedinji's should lesiilt ill preventing;' .Mr. Delamater from fulfilliiijj;' the terms of his eon- tiaetwith thcwSpanisli represeiitati\<>, as from this tact a j^rave situation \voiil(l arise, the undersione«|, in the name of his j^overnment, informs the honorable Se(;ietary of State that lie reserves from this day forward, iiiid jiivinj,^ due notice, all his rijihts and liberty of action. Tile undersi<;ned, in fultillin^i liis duty in callinj;' the attention of Mr. llainilion Fish to the <'ase of the oc(;urrence of the event indicated in this iKde which is not to bt^ expected, will v(Ay under all circumstances •111 the sense of justice iind the distinjiuished impartiality which chanic- ti'iize the honorable Secretary of State. The innlersijin^'d avails himself of this oc(^asion to reiterate to the lioi lorable Seeretarv of State of the United States the a.ssurance of his liiglii'st cousidenition. The Hon. Seoui:tahy of State MAUlilClO LOPEZ KOBEirrS. M ^!£'i ■if '.•?■■' mm m Of Ute United Statck, jCc. i '4 A\ Iji.l i: W. I :; I t 74G IKKATY (^F WASHIN'GTOX — PATKUS ACrONfPAXYINC [TSl*] *.l/r. iw.vA, Sirretary of Stdir, to Mr. liobcrtnj 8p buildiii};' of those vessi'ls was ordered to be (lone in this c(»nntiy, ami why the contract was made l)etween a Spanish representalive and an American citizen. He then states that he has seen witii the jireatest snrpris(» in the newspapers of tht^ Ulth and i.'.'»th [783J *instant, certain doennu'nts i-onnected with the jiidicia! order relati\e to these vesstds, si«>ned by Mr. Edwards l*ieri'«'poiit. at torney of the sonthern district of New York. Mr. I'oberts also judi cat«'s his imiu'cssion of the i)nr[»ort or object «»f what he calls Ihcsi' ''orders." Tile undersiyiied r«';j;rets that ^Ir. Ifolx'rts shonlil experience "^reat surprise" at the institution ol judicial proi'eedinjj;s, oi' at tin' form in which su(di pn>ceedin«;s are reduced to their practical operation. The undersi<;ued takes leave to assure Mr. Roberts that the peai;efnl insti- tution of Judicial proceedinjis in this country is not the cause of aim in. w hatever of surprise it may excite to those who iiave in no de;,ne(' vio- lated the laws of the laiul or invaded the ri«ihts of other persons, or who contemjdate no such violation or inxasiou. ^Ir. Jioberts remai'ks that there is no doidit that the continuation of tln'se |uoeeedin;4s may render it impossible for Mr. Delamatt-r dniy to fullill hiscontract withthe Spanish j;'«)vernment, antl it results, moreover, that the intervention of the (lovernment of the United Sratt's wonhl prevent the (lovernnuait which lu' has the honor to repre.cnt from takin.n due and lawful pcKS.sessicu) of its property; his intervention [781] * would be the (fc J'aito cau.se of the annubnent of the conlraut made by Spain with Mr. Delanmter. ^Ir. iioberls has not now to be infornu'd that Peru has recpiested the Governnu'iit of the United States, as a neutral exercising' the ri;;ht ini- ])osed by the law of nations, to order the detention of these vessels, ami not to allow them to leave the waters of the I'nited States on any pretext whatever, allej;inain. The undersi^iued takes leave resp«'clfully to r«'mind Mi'. Ikolnits that the ju ollieiiil of the (lov<'rnment and before the same tribunal as were the pioeeed- ns's institiiteil sonn; time since, at the instij^atlon of the Spanisii hdv- rrnment, against the .steam.ship ]Meteor, allej-etl to have been intendol for hostile service in the intere.st of the allied republics, inclmlinj; IVni' aj^ainst Spain. The object iu the present instance is the same as iu the foruier, to as- PAXYINd )(HiiNh niinititn; ATK, •ciiihrr .".0, isi;!). I Shitcs. Ii;i^ \\u' 'ill of NoM'iiihcr, I' !)li'iii|)i»tiMiti,ii'y iiisriiiit, ill which tlic Sp.mish |^n\- ■s, iinulc with .Mr. 10 ITiiitod St;it('s, liTccd to Imihl. lor »r ii ccrtiiiii class, t'or loiiii' voyages, ion at till' l»i\i;iii •iMsjiis why thi> ■his ('(111111 ry. ami ■iciitalivc ami aa I seen with the ' LMtli and L'.lth lie Judicial order lis IMcia'cpoiit. ;it IfiilxTts also iiidi at he calls these xpcrioiicc ■•j^ical ;)i' at the form in 1 opciation. The 11' pi'attel'ul iiisti- > cause of aliirni. II no (Icj^rcc \i()- tluT plMSOllS, 01' ' contiiiintioii of (daiiiatcr duly to csnlts, iiiorcovei. tctl States would cent from tiikiii,:;' his intervention t (d" the contract as re(|nest(Ml the iii^' the ri-ht im- hese vessels, and es on any pretext with S|)ain. Ml. J{ol»erts tliiit lainatel's vessels the same olfieinl ere the proeeed- he Spanish ^ov- e heeii inteiidt'"! , including Pei'i, he foriner, to as- COrNTi:R CASE OF THE I'MTED STATES. 747 - 1- certain wlndher any vi(dati()n is contemplated of the laws which the I iiited States have enacted to i>revent and tojimiish violatitnis of the nentral ohli;iations (d" this (lovernment. The only difference is, ITS.")) that then Spain was appr(dien*sive (da hosti'e proceedini,'ajiainst her liy Pern, an«l now Peru alle;:>es a like intent on the part of S|tiiiii a;^ainst her. Mr K(dierts furtheK says that llie nndersinned is aware tlint Spain liad ai"eady accepted the mediation of tlH> I'nited States for the rec(»j:- iiitioiM a peace, ineaniny- a peace with Pern. Mr. Pliall i»idve the tnriiiii;:-]ioint in the decision of the case siihmitted to (lie conrts, it will establish at once the candor of Mr. INdierts in pre- seiitinu this iiiiiiortant fact, and the necessity for the int('r\-ention of the authorities t;) prevent the departure of a military increase of the naval force (d" one of the two powers iicediiij;- the niediation (d' a third aiitl neutral powei' to restore jieace between it and the power that coni- plaiiis of an intended violation of tlu» iieiitiality of the ;;dvernnient whose ollices are invoiced, and wlii(di is employed as a nie«liator. The nii(lersiji-m (I, ther(dore, sjiecially mdes Mr. Poberts's admission (d" a con- dition of ndat ions existing between Siiain and Peru which re(piireain, it becomes ihe I'liited States to consider w hether they are not bound to recognize II eoiidition under whi(di ludther party has the right within its territory lo lie bettered or sticngtlKMied — rtdidia fiat. Mr. li'oberts devotes a considerable |>art of his note (the uudersigTied lieuhts not very accurattdy, but he has not tested the acciiiacy of the citation) to the lU'csentation of extracts from certain cori'espondence of Mr. (iarcia y Clarcia, a former minister from Peru to this (Government. lie also cites, not (piit*' accurat(dy, however, an extract from a letter wiitteii by Mr. Seward, a pi-edccessor of the undersigned, in duly, 1S«»S, Nvhicli certainly does not recogni/e a situation id' [leace then existing between Spain and Peiii. but wherein ^Mr. Seward expressly [rsTJ deidarcs that the occasion had not arrivc^d *wlu'n it was neces- saiy to decich' the grave (pU'stion whether thenar between Spain and Peru had been brought to an end or not, and a(Ms that such de- tisioii would be made only after having carefully examined all the ]"crtiiient facts within its rea(di, and after having given due consideia- tioii to sr(di represiMitations as shall have been made by the several liarties interested. Mr. Roberts does not assert or claim that such de- cis ion has been made, or even that the rei>resentations of the several Piirties interested, without the consideration of whicdi, the Si)anish min- ister was fully adviseil, such decision would not be made, have been ^"liinitted. Mr. Kcdierts ai)pears to have overlooked certain statements made by Senor Goni, subsequent to the date of Mr. Seward's note to which Mr. Koberts refers. 748 .ifF.ATY OF WAS1IIN(JT()\— 1'AIM;|{S ACCUMPAN VI\(; t • ■ s . 1 'U.v 1 m !• In a noto ot'Scrior CJofii in reply to "Mr. Seward, the former says. -Tk say that a state of war does not exist, when, n»'Vi'rtheh'ss, no |»ni|iii.i. tion of peaee has Iuhmi accepted, is an atlinnation eipially ;;iatiiitiHis and new, whicli it is not necessary to contest." Tiie iindersi;vni'.l n- minds Mr. II »l>erts that Pern chums tliat shi' has uevor a-fcptul a pro])osition <»f jK'ace. >Ir. (ii>ni furtlier siiys, "As to the facts aHej^ed, no oae of thi-s- im plies, even reinott'ly, the cessation of war;" alsi>, ''that alt1i»ii„M S;.;tiu * * * has suspended active hostilities, slie; still (i.ids ln-i-- [7SSJ *self in a state of war;" also, ''that the state of war aiin the will of the parties inttMcstc I it lie lonji'inji' to them to «lecide by common accrord what is the state in whuii they tind themselves, and what the (character of their i'esj> 'i-riv,' rela- tions," »S:c., v"v:c. : "that the determination of the said state of war«-aii- not be bronji'ht abont exce[)t by the declaration (»f the intereste 1 hcl- liijerent patties." These are the declarations of S[>ain, not of IVrn in»r of the Ignited States. The nndersi^iiied is not apprised of any "tiommon accord." or ot" ajiy ''(U'claration ol the interested bellijicrent parties," since the date oi Mr. (loni's letter, which has determined the state of war claimed hy Mr. (loni to have I'xisted at that time between Si>ain and I'eiii, or to liavc chanj;ed the rclatitnis between them. S[>ain cannot ri;;htly object t«> the conclnsioiis to whi(di the ar^nment of her distinj^iiisheU repn-seiita tive ine\itably leads, • Under tlie.se circnnistances the undersi<>-ned i.s constrained to assure Mr. Itoberts that the Jndicial jtroceedin^s which have been institiuttl, in the spirit of entire and eipial friendship to the fi'ov»M'nineiits of .-^|taii' and Pern, will l)e allowed to proireed. The United States will [789J *maintain their position of nentrality, and have full contiilemc in the intejiiity and the capacity of the tribunal to wliicli tin- case lias been submitted. Should that tribunal decide that .Mr. D-la- mat'T has entered into a ccmtract in violation of the law of the la»e cxeiuttMl. however much this governnuMit may regret the (lisapi>ointmeMt of a friendly j>ower. Whether »u' not that contract is illegal is the (piestion upon which the court is t(t decide. The undersinni'd otl'ers to Mr. lloberts renewed assurances of hi* highest consideration. HAMILTON Fisn. Senor Don M. Loi'EZ Kobektk. [790] *Mr. Ilour^ At tor neij- General, to Mr. Pierrepont, tliMtrirf attmiuij. Attorney CxENEKAr/s Offhk. Washington, November MK I^^'il*- Sir: It is no part of tlui purpose of the President to submit t<» tlic courts the question of the recognition of belligerent rights in any forcijrii country. Tu.it is a public ciuestiou whicli is to be decided by the pjhn m PAXYIXC COUNTKR CASE OV TIIK rMTFl) STATKS. ■40 :oniH'r say>. -Tii h'ss, Mo prit|ii)>i- nall.v ;;i;itiiiti>iis limU'rsi;;t|,.,l IV. ever ii;-ci'i(t,'«l a OMt' t»t' tlli'S ' illl althtiii'^a 8jtaiii ^ still ri:iil> lid of war aii>l ilic ami l»t'Vo:iii all. iiitt're'its'.l, it \»v lu' statt* ill which ;• rt>Sj» -rriv.- li'hi staff of war «• in- 11* iiitcr.'-irc 1 l»!'i I, not of IV-ni !iui iceortl." or of any •e tilt' (latf of Mr. r <-laiiiH'tl hy Mr. I IN'iii, or to liav«' rij;iitly oltjfi't t<-hi- law of tilt' lainl. ntry. tlu- vt-sv-N may (h'lKirt with nation, tln-y ^vill I'd into an ilh'uMl [>aiii. an aMcit-iit in»t We «'\«'tiitt'>l. i|H)ointm<'!it oi a ■stion npon which issnrances of his ILTON Fisn. district (itfin-iu II. 's OFI'KK. rmber Ml I'^i'i'- to submit to tho Hits in any forei^'ii lei bv tiie pjliti- (111 (lepiirtinent of tlio (Jovernineiit. and, when so decided, tlie courts will adopt and follow tlieir decision. Tilt' wishes of the Picsidcnt have been c'oniinnnieated to yon b; the Sccrctaiy ttf State in respect to the liluds a;;aiiist the jiiiii boats, and it is iii,\ wish that, as intimated in yonr letter, yon shall be ^i^JVerned by lliciii until ytni receive some fnrther instructions. \'crv respectlnlly, E. K. IIO.M?, Attonici/Orueral. lion. Ki)WArM)S Pikrkki'oxt, i'nitcd kSfitft's Attorney, H^oiitliern District of Nciv York. Mr. Riihcrts, Spimish miuistcrj to .][r. Fish, Secretary of State. Wasiiington, Ih'cemher 1, ISOll. The nndersijined, envoy extraordinary ami minister i»lenipoteiitiary of Spain, has the honor to acknt»wh'd^e the receii)t (tf the note ;7!tlJ \vhich the *homMable Secretary of State of the United States was pleased to address him yestenlay in re[)ly to his own of the 21th of Nt)vember. Altlionji;h it is not the i)resent object of the nndersifjned to discuss llic points touched npon in the said document, he thinks it nevertheh'ss l)r(i|M'r, and absolutely necessary, to say a few words and to ^ive a tew explanations, detininj;' the state of the relations now existin";" betweeu Spain and the repnbli(;s of Chila, Pern, I>olivia, and Ecnador. The honorable Secretary of State refers in his note tt) the de«'laratioii iiKulc by my pretlecessor, .Mr. Facnmlt* ('nn~ii, in 1S(»S, by which it ap|>ears that he endeavored to prove that Spain, at that time, still considered herself as beinji' in a stir e of war with the fonr republics atoresaid. While the nndeisi;>iuMl respe<'ts whatever may have been the opinit)n of Ills i)redecessor in the year 1S»»S, the time which has passeil and the iiii]»()rtant «>vents which have occnrred in the jHjlity and internal att'airs (tf Spain since that time ninst now be borne in n)iii(l. The disap])ear- aiu'c of a dynasty from the throne, ami a revolntit)n, have raised states- men of enlightened and liberal opinions to the direction of the !71)2] destinies of the natit)n, and these nu'ii <'onsider the *sitiiatiou of Spain, with rejj^ard to the rejmblics of the Pacitic, not as a pas- sive state of war, but as a complete state of peace, which, in order to lieenine definitive, only needs to be ratilied by a di[)lomati(; act. The niidersier, in onler that there may remain no kind 'if (loiibt npon so important a point, to transcribe the words uttered by '"f'lu'ial Prim, ])resident of the council of ministers, on addressing the "oiistitnent Cortes, setting forth the i)olitical programme of the inesent Ki'vernment of Spain, lie said: Till' i^overnineiit pii)i»ose8 to cultivate the relatitms now existinjj between it and all till' other nations of Piniojje, antl of the woihl; antl if these relatit)n8 shonld be .sus- l»'ii(li'(l witii any government, that ns which ought to exist between peoples of the saim^ race. The ge itle- nieii de])ntie8 will nnderstand that I allntle to the Spanish-American republics. [7i);{] Tiiere were times, and they not * very remote, when the government of Spain claimed at least to exert their intluence among them ; and as they did so with ar- ri'gance, this alone was sufflcieut to excite the haughty feelings of those men of our race, 1' I I 750 TKKATY OF WAsniN(;TOX PAPF.R< AfTOMPAXYINrt :i i : - i • ■'il'i r::J cansinjf tln>ni to «l«'ti'st tln'ir oiij;iii. nixl tn rnrw' iIm' very I»I«mm1 rimilatiii^ in ih,.;, viins. (Iffliii inji fln-iiiHt-lvrs riii-iiiirH i>f rvfrvf liiiiu S|»:iiii«li. It:it tin* j;iiv«'rtiiiiriii pn |Mi>>('.N n|Miii itM-lftlif ;;iMtityiiii; ami |>:itriiitii- t;i«k <>|' rci:.tiiiiii;; tli<- i-Htfciii, ti:i'iMi>.iii|,. anil atVrctiiiii i>l" tlmsf iiifii. w|i<», a?* | -iay. arr ot'oiir rar<-. aii«l >|i-.-ak iHii uwn l.iiiun.i^i Tlif y;<-iitlriiirii ili'piii ifs w ill niiiltTstaiKl how jir«i|H-r it i* for S|i:iiii to »-;iir into trank aii. TIk- ta>k whiiji rlii> ;ri>v eriiniciit iinjioMS iipnu itxitto tiii> itVo-t i^ riTtaiiily not a ilitli) nil orit-: on iji,' n.n trary. it will Im- ca^y ; at li-a^t I fiittTtaiii tin- Ii«-Ii<-|' that xvhfii thi- \voi«N ,n >\ni|i,itli\ ami fiii'iiil-.|ii]i wliifli I as tln-iii at thin iii'>;iifiit. in th«' iiain** of tli** n-^-ai nf ili, kiiij^iioiii. in till' naini' of tin- ^oMTnuir<- ni tls- irmii- ni tli«' luii^litnciit C'<>rtf>. (lor I litjii-vi- tliat I I'aithfnily int«'riin-t tlnir av. Iiavni^ :irf w Incji M-i>aiaTi- [7l»4 ] lis. shall nach tlnni. 'I t'.il • uiirnhnt that iIh-v will ht' r«-<<-iviil with ai>|i!.iii<.i-, wiili liii'iulsliip. and <'\fii witii t<'inlfnii-v*. Tin* n*-t will U- . an 1 ilicsi- ii'|(. r«s«'ntatr\fs may t.-ll the iiihahitants of thi»^* r»*|iiiMii-"« that tlitir umtlii r iiiuntiy r< I'o^ni/i-s ahsuliitfly tli<-ir i-niaiM-ipation anil tin-ir iiiilf|i<-ii- lovf them as our l»nrh t-.. Mattfis beiiij; in this situation, Spain, as tin* iiniU'rsi;;Mi*«l li.ul the honor to state in liis note ot . Sat untax , tht* I'Tth iiltinio. whii li iluiilithss ifariit'il the Depaitnient t»t" Stat«* on the l".»th, as Snmhi.v iniii vimti between the two thiys. eonti\n"te«l. thronuh a nava! roininissioii. with ,i ship hnihh'i", an American send tlieni to tlie eo.ists of the l*ai-in«-: Imt. as the mnlersioiu'd »h)fs not now ih*em it neeessary to iMit«M- np.»;i tliesc eonsitlerations. he ouj^ht to state, in the name of Iiis o,,viMiim<'iii. (7(1.")] tliat lie is ri'ady to make *to IN-iii a d«'ehiratio i siiuilai- to tlur which tlie representative of the hitter n-piibhe madi- to Spiiiii. in ISi;.'^. in relation to tin* monitors Uncota and Catawba, and he desires the Honorable Hamilton Fish to be pleased so to state to the reprcsi ntativr of I'erii in ^Vashinoton, assnrin;; him that the said vessels, uincli. uii aceoiint of their construction. \ eminent of the L'nitetl State> and to the repreM-iitative of IVrii. The undersi;j;ned avails himself of this occasion t.» reiterate t:> thr hoiioraiile Secretary of State ot' the l,'nit4.'d States the assurances ui his hi;j:hest consiileration. MAriMCIO LOPi:/ KOP.KUTS. The Fhmorable Secketary of State 0/ the Inited fitattiK. Mr. Fixh, Secretary of State, to Mr. fiofpert^, Spanish minister. Department of State, W'ashlngtoH. Ik-wmhfr 4. l'»'»'^- [71M5J *Tbe undersigned, Secretary of State of the United Statos- has the honor to acknowledge the receipt of the note oi Mr. IF'ANVIXG COrNTKK CASK nr ri|i: IMIKIi STATKS. T)! I,iili»'/. lJ«>l»«'rfs. of tlu' Isf iiistiiiit, ill wliirli Mr. T.oprz Ifolhifm calls tlu' atlt'iitioii oi tin- mnl( r>i;:!HMl to tin- rricndly sciitiiiiciits wliicli aniiiiat)' tin' |ii«'soiit caliiiict t»! .Madrid toward tlic Aiimm icaii iiatioiiaiitit's of S|Kiiiisli ori;;iii. rs|M'ri'lIv as si:o\vn in tlir laiiuiia.nc iisrd l>v (IciuTal I'riiii in tlu' «-oiistitiiciit t'oiii-s, and in which .Mr. Loin/. Solicits states ill tiic name of his <;ovcniiiiciit tliat he is rca«iy to make to Peru a tlec- |;iration siinihir to that wliich tlic r«'iiresciitative of the hitter repuldic iiiitdc to Spain in l»«;s, in rchitioii to the monitors Oiieota and CatawUa, anil ie»|iicsts the «inder>i;;iied so to stat<' to the minister of Peiii at W ashiiijrt«»n, assnriiij; him that the j«iiii boats now detained at New Yoiix <»ii the re|»iesentatioii of the minister of Peru can only be used I'op the <-oast service, and are not destined to carr.\ on hostilitic.- ajiainst rem mu- any other American repid>li»', and have not been built to re- place other and lai-^ei- \essels, in order that the latter may be able to ;:() and attack Peru or any otlu-r Ameiican republic. Tin' uiidersi;:ne«l lias read with ^^reat salistaetioii the friendly assur- ances of (General Prim, to which his attention has been callcfl. He has also had the lienor to ti'ansmit to the representative <»f ;T!>7| *Peru at Washington tlM' authoritative stitteiueiit so made bv INIr. Lope/ Ifoberts. The uiidersiiTiM'd avails himself of this oi)portuniiy to renew the as- surances of his tlistin-iuished consitlcrati»Mi. HAMILTON TLSH. Scfior Doll ^L Lopez IIoijkuts. I Mr. Ftxh, Secrefary It/ Stiift', fn .!//•. liohrrtx. Spanhh minhter. DEPAin'MKNT OF SlA TIO, }Vii.sltin(iti)n, JUvcinher 8, ISGO. The undersi;;ne(L Secretary <»f State of the rnited States, has tlie lioner to transmit to .Mr. Lopez Ifoberts a copy of a note <»f the ."»th in- stant, which he has received liom ]Mr. Freyre, the ininister of Peru.eon- vcyuijj his assent, «»n behalf of his ;i«>vernnient. to the dejiaiture of the ;;iiii boats c(ui.-rructed for the Si>aiiish inform the honor.jble Secretary of State of tlie LiiiteU States that he has received, with his note of to-day, a copy ot the oue addressed to Iiini by the minister of Peru in this capital, iu relatiou to the guii-boats which are being built lor the accouut of the p hsi ,' '' i 'i i 1 t . I I ' . ! I ' I <,)•-' IKKATY or WASlIINcirON IWPKKs A('('(»MI'AN Yl\(} S|»;iiiisli y:u\i'rmin'iit. in New VoiU. atnl wliidi wnr niiliiiri^nci ; f tlic i«'<|iU'st of till" s;ii«l n'|HTs«Mitiitivc. iiiixir in Aiij^iist liist. ;iiit| i||f one w liicli. likrwisr, mulrr \ the irprrstMitatiNc of tin- r«'i»iil>li«' of INtii to Spain in istis. jn the iiiatttT of the monitors ( Mirota ami ( "ata\vl»a. ihu-laics. in the nami'of Iijn jjovi'iniiu'iit, that tht* said thirty ;;nii boat?* an* not dt-siyncd ti» raii\ mi hostilities a^rainst tin' rt|niltli»' of I'mi. nor to rrh-asr lar;;»r vessels »|(. si^fiu-d tor this pniposr. and In* nnncover -iivi's assmaiice tli.it [7iM»| tln'\ shall at no time eomiiiit a<-ts ol hostility ay:ainst the 'ilii^r ,,1 the said lepiiltlie. The undersigned, in transmittinjr this declaration to the hoiionilijt Secretary of State, thanks him, in the name (»f his ^overniiii'iit, ftw lijs I'ricmlly interM'iition in ord«*r t»» hriii;; jiboiit a satisfactory sohiliun of this (|iiestion. and hereby reiterates the assurances of his lii;;;hcst cuii- .sideiation. MAriMcio iA)V\:z K()i;i:kts. The Hon. Skcuktauv said,) whij-h have passed between this Di'paitmeiit and Mr. Lopez Unit erts, tlu" minister from Spain, ami Ctdonel I'reyre, the minister fioiii Peril, as tcdlows : 1st. Copy of letter from the Spanish minister to the Secretary ot Stare, dated l)e<'emlM'r 1. isii«». I'd. Copy of letter from the Secretary of State to the reruvian minis ter, ()".>. 4th. <-'opy ot letter lioni tin* Spanish ministor to the Secretary v\ State, dated Dt'ceiiiber S. lSi;;>, r>th. (.'opy of letter from the Secretary of State to the Peruvian min- ister, «late«l Decembers, IStJD. The copies «»f thesj- letters an' forwarded to yon for your uiiidaiifc in the proceedin.y:s whiih hav*- been instituted at the request and in Ih- lialf of the Peruvian j^overnmeiit for the detention of the vessels rctencil to. Yon will observe that the (loverninent of the I7nite«l States is iit lenjith justitled, by the assent of both parties, in arrivinj;" at the coiiclii- siini, ami in resolving; that the state of war no longer exists betwctii Spain Mul PiMii, to Justily any further prosecution of the coiii[>laint tliat has been made against these vessels. 1 am, sir, &e., HAMILTON FISH. Edwards Pierrepont, Esq., United IStates Diistrkt Attorney, Xeic York. I'ANYIVi; (orNTKIJ < ASK or llii; 1 \lTi;i» STATES. 7."»3 Mr. Pii'ii'tjfont, ilintrirt atUn'inif. f,, Mr. Fi^h, Sfvretarfi of Stofe. Ol TICK OF TIIK ATTOKNKV oT THK I'MTKD STATKS F«»K I'lIK Soj IHKltN IMSTI.'M'T ^t\' Ni:\V YoK'K. II Cliaiiihcrx striTt^ Ihtrmhtr 1^^, I.s«!|>, Sii: : i;.\ ordrr of tlh' ronit. iliis (l;i\ iiiadr, llif S|)imisli (iibMii ;;mi- Miiits an* i»'h'as»'«l. I lia\ «• diirctrd tlic iiiaislial to kcrp tlnMii no loii;jf» r 11 cnsfoily : Im> will smrriMhT tlirm foithwitli. Voiirs. \vv\ n'siMM-tliilh . KDWAKDS IMi:i;nKP(L\T. I'nittil States Attunni/. Umi. Hamilton Fish. Srnetaii/ nj Stati-. Wash'nujtnn, 1). (\ itrict attorney!. ILTON FISH. .>t)l, • Mr. If mr, AttmiK-f i' State. AiToKM:v(ii:NKi;AL*>! OiTU r,. Ihrnnlnr Hi, ISOO. Sill: ill roiii|»liaiM-<' with voiw oial nM|M«>st. I sj'iiil ; ini in writniii my H|)iiiioii upon tin* (|ii«'.stioii wiu'tluT it is proiuT Uw tli« L'liiU'tl States to (aiise a \\\hA to Ik* HUmI iniilt-r tlir tiiinl sectioii <> tin- 'tati;t«' of April .'!>. \^\^. cntithMl "An act in addition t<» tin* a» i for t'u* i>!;nisliin«'nt of titaiii tiinu's ; jainst tin- L'nitt'd States. an*l t»» repeal ilie jscts therein iiK'iitioiied,'" o^.iinst the y:nn Iioats Imildinu- in >'ev Y«nk for the Span- ish jre' ,.nnnent. on the y:ronnd that they are procim d t<» he titted and iiimiMl with intent that they >hall 1m' einpluyed in the service of Spain, ;i t'oieifiii stiite. with intent to cruise or commit kostilities a«jaii)- the neutrality act, and 'imliMilttedly its principal object is to secure the ]tertbrniance of the 'luty of the Unite«l States nnUer the law of nations as a neniral nation HI respect to foreiy:u powers. I>ut it is an act to imnish certain ottend- iTsayaiiist the Uuited States bylines, imprisonment, and Ibrfeitnres, iimI tile act itself defines the juecise imtnre of th(>se otienses. Tile I'liited States have not reco;jni/.ed llie inde{>endent national existence of the island of Cuba, or any i)art thereof, and no '''•- * snttieient reas«m lias yet been shown to justify such a recofrnition. In viewof the (iovernment of the Tnited States, as a matter of fact wliicb must jrovern our conduct as a nation, the islaml of Cuba is a tmitoiy uuiler the government of Spain, and beloufiiug to that nation. It ever the time shall come when it shall seem tittiny: to the i»olitical 'It'liartiiUMit o\' the Government of the United States to recognize Cuba lis an inde{)endent government, entitled to admission into the family of nations, or, without recogniziu}; its independence, to tind thii an organ- ised government, capable of carrying on w ar, and to be held responsi- Wt" to other nations for the manner in which it oarries it on, exists in tliat islaml, it will be the duty of that departmeni to declare and act I'lwn those facts. Jiut before such a state of things is found to exist, it IS not iu my opinion competent for a court to undertake to settle those 'lucstioii. The judicial tribunals must follow and conform to the politi- 'i'l action of the (Jovernment iu regard to the existence of foreign 48 A PfPfPPSBP^ •54 TU'KATY OF WASlIlNC.rON I'AI'KK'S AC'('OMI'ANYlN<; . ■■ ■' ! V i^ 1i I* I'll t states iiiul our relations to tluMii, and it would iu my ttpiniou be iiicon sistont with the honor and dij^fuity of the United States to submit to a court ami allow to be declared anJ i)rocure the coudemnatiou of vessels, ou the jjrouud that *tli('v were bein<; fitted out and armed witli intent to be employed in the service of a ''colony, .district, or peo[)le," namely, the colony, dis- trict, or people of Cuba, with intent to cruise and commit hosiilitics against the subjects of Spain, a nation with whom we are at ikeacc, iiiid it is argued that this involves what is claimed to be the converse ot the proposition, that as we assert in those libels that Cuba is a ••colony. district, or people," capable of committing hostilities against Spain, tlic law equally ai)plies to an armament ])rocured or fitted out by Spain Inr the purpose of hostilities against Cuba, and that the executive govern ment, by tiling those libels, have virtually recognized the "colony, dis trict, or peoi)le"' of Cuba as belligerents. This argument seems to me to involves an erroneous legal notion, and to be based upon the idea that the statute of 181S, being an act to pro tect and enforce the neutrality laws of tlu^ United States, cannot be ap- ]>lied except where there are independant parties to a contest entitled to equal rights ; but this I think is an opinion wholly unsouiul. Un doubtedly the ordinary application of the statute is to cases where tlie Cnited States intends to maintain its lunitrality in wars between two other nations, or where both i)arties to a contest have been recognized as belligerents, that is, as having a sutliciently organized political exist ence to enable them to carry on war. I Jut the statute is not confined in its terms nor, as it seems to me, in its scope and proper etleet to siieli eases. Under it many jiersons who are insurgents or engaged in what would be regarded, under our law, as levying war against the jsu4| sovereign *power of the nation, however few in number, and oe cupying however small a territory, might luocure the iittiiig out ami arming of vessels with intent to cruise or commit hostilities agiiinst a nation with which we are at peace, and with intent that they should be enqdoyed in the service of a"colonj', district, or ]»eoi>le" not \vii;iiiii:' a recognized war. The statute would apply to the case of an aniuiinenr ]>repared in anticipation of an insurrection or revolt in some district or colony which it was intended to excite, and before hostilities exis cd. Ijut on the other hand, when a nation with whi«'h we are at pe;:('e, or the recognized government thereof, undertakes to i)r()cure armed vessels for th«» purpose of enforcing its own recognized authority within its own dominions, although there may be evid«Mice satisfa(!tory to show that they will aid the government in the siq)pression of insurrection or re beliion in a legal view, this does not involvi' a design tocomniit Imstih- ti"s against anybody. If the illicit distillersof any section of tlm i'nited States coml)im; together to resist by force the collection of the reveinie, and arm themselves for this purpose, with the intent to set at deliaiiee, l»ermanently and by force, the law of the United States, they must w levying war against the (lovernment; but when the (Jovermnenr sends its otli<'ers to tlisju'rse or arrest the of!tnders, although it may hi"' '^ nen'ssary to enqdoy nulitary force in aid of its authority, it certiiinl} )MI'ANYIN(; V oiiiiiioii Ih' iucDii ati's to submit to a Jill indirect iiiiiiiiicr : (lovenimeiit is ikii ' t«) avow juid main lei'sons wlio prol'css c already been tiled e statute of isis. t(» li <»Touiul tliat * tlioy t to be oniidoyed in ely, the eolony. dis d coniiiiit liostilitic^ we are at iieaccand o be the eouveise ot t Cuba is a "colony. .»s against Spain, the ted out by Spain I'm' he executive jiovciii ed the " «'olony, (lis Dus h'gal notion, and beinji' an act to pro States, cannot be ap- to a contest entitled liolly unsound. In s to cases where tlic in wars between two lave been recognized luized political cxisi atute is not confined proper eftect to such or engaged in what ing- war against thf in number, and m locure the littingoui nit hostilities agaiiisi Mit that they should ])eople " not waginu case of an arniainoni It in some district or u)stilities exis cd. ]i we are at pc;:c('. oi Irocure armed vessels unity within its own [huttoVy to show that If insurrection oi i'< COUNTER CA.Si: OF THH rMTKD .STATK!^. 755 |se( toc«mimit Iiostili- tionoftlie i'nitcd itiou of the revenue. it to set at dcliauce, Hates, they nnist Ijc Government seiuis liough it may li";iinst the eoinnieree of I-'i-ance in LSdl, see voi. 7, Claims of I'liited States a;:ainst (Ireat JJritain, pj*. .')!>-4L'. | ]]r. nicLiiisnii. ilistiiit <(tt()nu\i/, to Mr. lluittrr, Actiii;/ Sit)\ fitri/ of State. ['I'clci^raiii. I Oil 11 T. r.\nKi) Stati:s Military TKi.EOKAivir, War I)ki'Aut:\iknt, Ncic Vork, -hinuarii L'l, 1S(1<'» W :\i. lIiNTKK, I'^sq., Avtiiuj Sfcntdri/ of State : Sir: rpon information and evidence fui'iiished l)y the Spanisli consul iliat thesliip .Meteor is bein*;" titted out, and is about to sail from this l>oit Avith intent that she should be employed or cruise in tlie service of Ciiili a<;ainst the commerce of Spain, I have caused lu'r to be libeled and detained. Has tiie 1 )ei)artment of State any suggestions or instruc- li(MIS? I). S. DICKINSON. United Slates Pisttiet Attoniei/. ■-:i : * g \-\ *Mr. I/intter, Aetiifj Srvretafji of State, In Mr. Piehiii.soii, liistriet attoriiei/. [■fclfj^niiii.J \\ Ai .«(!. At present no suggestions or instructions from this De- piirtini'Ml relative to the case of the .Meteor are deemed necessarv. AV. IHNtKlJ. Mr. />/(7,///,s(>/*, illntrict atfontei/, to Mr. Seivard, Secretary of State. oi'i'K r, OF THE Dlstkmct Attoi{ni:v or the United States I'OR THE SolTIIKliN DISTRICT OF NEW YoRK, Nen^ York, February 17, ISJUJ. Siu: I liave the honor to report iif the case of Benjamin A\ ]\racken- iiii, indicted for a breach of the neutralitv laws, tS:c., that on the 11th ■(;o IKKATY OF WAS1IIN(JT(»N l'.\l'KI»'S ACCO.MI'ANYINd instant \w appeared in court, and, in the lanjiuafjo of liis counsel. "waived liis diplouuitic privile;'e," and i)leaded to the indictincuf upui! the merits. In other words, he witinlrew his plea ofalh'j^'ed diploimuii rehdions, winch relations 1 was iirei)ared to show, l>y docnnients so l)roui[)tly and courteously fuinished nie from theStat<> Department, had no existence. [3j lOsteban iJo^^ers, the Chilian consul, imlii-ted *for a similar oftiMise, ]>leaded to the indictment without any suyj;-esti!)ii dt privilej;e. althou^i'h at the time he evidently ha«l not been advised tliai his exccpnitnr had been revoked by the President, lioth cases staml over for trial in 3Iarch next, and tluMlefendants have "jfiven bail for tiicir 'appearance. J hav(^ the honor to be. sir, vonrs, «Is:c.. 1). S. DICKINSON, I' III ltd Shitcs District Attiniini. Hon. \\'II.LIA"\I II. SKWAUM), iSirr, tarij of' i. 7GI }h: McCiilJoi'h, Srcrrfori/of the Trrnsiirii, In ^fr. Seirard, Scmtorifnj'Sfatr. TkI'-ASIK V I )KI'ARTMENT, WashitH/fon. April 11, 1S«](». Sik: I liavi' tlir lioiioi- to iU'KiiowlcMljic tlic receipt of your <'omiimiu- catioii oftlio KMli iiistiuit, nM|uestiii;;- that tlie vessel called La Orieiitale, advertised lor .Mindi'video, be detained at New York lor exaiuination. ill jic<'ordai»ee witli sueli request, the foUowiii!^- telegram was lorthwith tiiiiisinittcd to the eolleetor at New York: lictiiiii vt'sst'l I'iillfil I.ii Oiii'iiliilr, wliicli is at pin- Nu. :;.'. N..itli h'ivcr. a:i-1 a«ht'rti>e(l 1,11 Moiitt'V i.li'o, iUid await instnictimis iioiii tiiis Dciiartnifiit. I will tliank you to iid'oiiu me at the earliest practieable luoiiieut what iintluM' aetion, if any. is reiiuired from this Department in the matter. 1 am yours, «^:e., lU'dll McCl'LLOCir, Si'crcfari/ of thi Trrastirif. Hon. \Vili,ia:m II. Skavakd, SirirtiOi/ of ^Stnti: \: it rift nttonini. II. SKWAIII). r/(;/' /Ac TrcKstiiuj. ')\ *Mr. Svicard, SccrctKri/ of Sfate^ to Mr. Dicliinson, ili-strict uttoravy. 1>kpakt:mknt of State, Washiiifitoii. A/iril 11, 1S(I(». M J 111 IIV. 1(1 I l^> |#l V'\,l. « VI* 'I (Ij^lllllOL. 1 am, sir, vonr obedient servant. \V 1 1. LI AM 11. SHWAUl). DAMEL S. I)[("KINS0N, Ksq., Attornt'ji of thv Cnitvil St<(tis for thr Soitthcrn f^ififrict of Xcr York. fCJ *.}fr. ScirHnl, Scrrclxry of Sfdtv, t:> Mr. Tassdra, Sj)ani.sh ministir. Departaient of State, Wasliiiifiton, April 11, 18Gt!. The undersigned, Secretary of State of the United States, has the lioiior to acknowledge the receipt of ]\Ir. Tassara's note of yesterday's *lato, relative to the vessel called the La Orientals and -alleged to be of II siispici^ons character, now lying at the port of Xew York, and adver- tisiHl to sail for ^Slontivedeo, but really, according to Mr. Tassjira's be lief, for service in the cause of the Chilian govermuent. hi reply, the undersigned has the honor to inform Mr. Tassara that W^ mpiest for the detention of the vessel referred to, until her real des- tination can '^e made clear, has been complied with. I ■;i 1^ TT 7(12 TKKAIV »»l" \VASllIN(}T(l.\ I'AI'KK'S ACCOMIVVNYIM; Hi TIu' un4UMsi;;inMl otlcrs to Mr. Tiissara on this o((;a8ioii roiu'Weil .i^ suiiUMM's of his vtMV hiiih coiisidcratioii. AVILLIA.M II. Si:WAlM». St'fior Don (lAiMMKL (lAiMi.v ^ Tassaka, " i I : [7J *Mf. S( iranl, Srcnhiri/ it/ Shiti . io Mr. Wtlh'H, Scctrturi/nf tin \,irii. DEPAKI'MKNI" of Statk. Wasltiiujtoii, Aptil l*i, iMiii. Sill: 1 ha\t' tlu' honor to int'lose hen'with a copy of a tf]o;rra| tilled is ]»atch irceivt'd from the coniinandin^^'ollicorat Fort Sullivan. .Main*-, iind to ask your attention to the subjoct to which it lolatt's. I woulil <\\- jjest that instructions be sent to the Winoski toco-operate with the mill tary and revenu*; ollicers and the politic, in onler to prevent or dftVa; any attempted violation of the neutrality laws of the United .*^tatos. I ha\e the honor to be, »S:c,, WILLIAM IL SKWAKl). Hon. (liDKox Welles, Scrntdr!/ -of tlir \(tri/. ^f|•. M(< 'iillorh, Stcrrhiri/ <>/ the Trra.siiry, to Mr. tScironl, iSecntary »/ Staf'. TKEASIKV DkI'AIMMKM. Wufiliiiii/ton, Af/ril 'Jii, l>"i/ flu Tr>(isitrii. lion. WlLLL^M II. SEWAUD, tSccntaru of' Stot*-. ["^1 *[Int•lo^wn/. Oii-K'E OF jiiE Collector of Ctstoms. JJlSTUlCT OF STOMNGTON, CONNECTICri. iStoningtoii, Ai)rH H», 1>»»'«>;uik. from wl ich place she cxp.ects to .sail for her destination, Val!>arai>«>. ' understand lier <'argo is to consi.st of guns, guncarriajics. kerosi-ne oil. oakum, \-c. It is the impression here that she !.«} intended for the (.'hilian navy. ll'ANViNt; ('. Vhwso. inform inc if I shall allow her to cloar for Va]i>araiso, or what <'oiiisi^ I sliall jmrsiu! in rr^iard to litT. Yours, very ri'spct'trnllv, JI. N. Tl'IIMUJIJ., (Jolh-ctor. Hi tni McCir-Locii, tSccreifn-y of the Trcusuri/, Wfisliliujttni, />. ('. •trtin-yo/tlnSorii. Statk. I, April Hi. ist'.ti. a tt'lo;rra|tliirdis illivan. Maine, aiitl iti'S. I wuiihl SU-- I'rate with the mill- ])rfvi'nt or (Ii-iVmi i L'nitiMl ."^lates. I TI. Si: W Aim. Mr. SiK'i'd, Attorney (iinenil, to Mr. h'rlhii, tli.sfricf aftornei/. Office of rin: Attoijnkv-CJfnerat., Wdsliiiijiton, April 1*1, iSiU't. [It] * Sir : 1 inclose to you a coiiy of a letter this day received by me from the Secretary of State. You will be on the watch, and caret'td to see that the neutrality law is not violated. Wiyy I'ospect fully. «-\:c.. .lAMKS spfj:i), Attoriuif (loicrnl. UlKAM KELI'.V. Es(j., I'nitril ^Sttites Attornri/, Xcir Jjnuloii. Coniii'rticiif. I /, St'crttarii of St(it>. |:fai;tmknt. April JO, iMiU. 'r of the collect*, y purchascil iiviw •arriaires. k^*-.. l<'i »ursue, a iiiu'stioi; (.('LLOCll. *»/■ tin Trfaftnii. oi' flir Tri'isiirii. •STOMS. NNKillcn. I, Ajytil Hi. 1^«'''- the United Stat< > pairing at >'<>aiik. on, Valparaiso, i ao-es. kerosene oii. ded for the Chilian Mr. ISnnnul, Secretdri/o/ ^'^f^^ to Mr. Mrl'tdhH'ii. Sccritarij of the Trca,;T OF St\te. W])(>siMl iiittMidiMl violation ot* tho iK'titnility laws in this «listri(I a note to tlic coiisiil.askin;! Iiiin to jMit iii<* in pcKM-- sioii of any la!t|is .iv may lt«' nt'ccssaiy to iurv«nt a vi»»hition of tin* hiw. I will iniiiii|,ti\ makr inipiiry into tlir matter. an«l, in i>iM*4licn<*o to youi* iristrih'iJMiiv. tak»' snrh steps as may seem to me to In* neeessiiry an«l piopci'. 1 am. »S:e., .loiix K. (;(><>i)i.(»i:. i'ltiffl iSt'ttis AttoiHiu. Hon. .1, llriji.i.v AsiiTox. . 1 it'nKj . I ttonit V- iieiurtil. \. . Mr. A-sJiton. Artimj Athtniryfirntrnl, tit Mr. Stimnl, S*rriir»fff(J' luroi. Hon. William IT. Si:wai;i). itatk. ^Voxhintjton. May !•. ISO*!. . Tassara. the Spanish minister. sa\ ■« ssel nanietl the I'auoa, or Tocus. will or tu-iuorrow as a privateer a;iaiii>i piest. I will con.set.\ti:s. ICt'i S* CI dart/ •»/' .s/«/. , Mr. Chdiifllrr. A:*slstanf Srcntarn nf't/ir Ttntsurt/. to Mr, iSeiraril, Sciurtun/ of State. Tkeasi UY I)i:i'aktmi:nt, }\ a.shiiiiitoii. '/(imairif '2\K !>»<»". Sn: : I am dinrtf*] liy tin* S»M'i('t;ny to tiiiiisinit tor your iiit'orinatioM a copy of a h'ttri liom .1. i;, Savay:*'. ">t ^>\'\v York. ;;i\ iii^^ intonuatioii nt' tli«' aIl»'^»Ml littiii^ »mt of a privateer at that port, submittcfl to this Dcpartiiu'iit, with the aeeoiiii>aiiyiii;,^ <''>py "^ 'i letter trom the Secretary (if War. A eo[»y of Mr. S;iva;,'e*s h'tter has this day been transmitted to tlie eoHeetor of the enstoms at New York, with instrnetions to him to cause an examination as to the correctness of tin- char^te to W nnnU», and to report to this Department the result of such investigation, with ins views. I have the h<»noi- to he. i\:c., W.M. i:. CIIANDLKK, As.si.st(iut St'cnUiry. lhn\. NViLLiAM 11. Skwahd, Strrctnry of Staff. [I.']] *Mr. MrCiiIlorh. St-ctrtanj of the Treaxuri/ to Mr. Seimrtl, Secretai'i/ o/' State. UsiiToy. toiury-tji luro'i. TKKAsrn V 1 >i:rAi?TMENT, Washiuiiton. Feltnuiri/ Ll. ISOT. Sii: : I ha\ c the lioiior herewith to transmit a coi>y of a letter from the (ollector at New Y'ork. in reply to a letter from this l)epartinent, on the sultject oi the alle^^ed tilting out of a privateer at the city of New Y'ork. As reconimendeilby yon a «'oi»y (»f tlte correspondem*e on the sub- ject has been transmitted to ihe distriit attorney at New Yt>rk. With great respect, 1 am. sir. iirdii McrrLLociT. Secretory if the Treasury. lion. William II. Sev^ari), Secretary of state. V U of' the Treaxiirii . I. si:wAi:i». [IiiilM>nn-.] Mr. Smyth: ColUctor. to Mr. MeC'idloch, Secretary of the Treasury. Ci sTOM-IlorsE. Xew Y'oi:k, Cotlector'n Opice, January 30, 1SG7. SiK : I liave the honor to acknowledge receipt of your letter of the LM»th instant, ineh)sing a communication of d. IJ. Savage, esq., to iUJ the Secretary i>f War. giving information of an alleged lilting *out of a privateer at New Y'ork. I have the honor to report to the Department that "the eyes of the revenue," by which name one of your honorable pretlecessors onee desig- nated the eiistonis ottieials of this district, have neither slept nor shim- i>ered over the niovemeuts of the alleged privateer in (luestion, but that her proceedings have been known and watched from the beginning ; 4. ■»■ IerrLf,n<-II. iSirritat'if <>/ tin 'I'rciiMurt/. In' Mi: CoHitmi/. illsh'icf dttonfff. to Mr. Sciranl, Sca'ctatif i>/ Sfxd . Offk'i: or Tin: Distimct Attoijxkv (tr riii: rNiTKu iSrAiKs roi: TiiK SuiTiiKiJN Di.NiTitirT of Nhw Youk, yew Yotk, Fclnoarif ."», iStlT, fl."! Sii:: *I have the honor to report that I have this rk. This proceed in f;- has been taken for an allegt'd vi«»lation of the inn tralitv laws of the I'nited States. I liave th»' honor to be, iVe.. lion. William II. S!:^vARl). t'^tcrrttirif of' Statt. SAML'KL <;. (.'(MirrXKY, I'nitvtl Staffs Attormn. [Iiiclo^mi-.] }fi. Snijitlic, Colkrfrn-. to Mr. Vourtniij, dlxtrht attortuif. m CU.STOM IIOISK, NkW Y'OKK'. ColUvtor's Olfirc, Fvbrminj 5, IStiT. SliI : 1 have to rei»ort the seizure, on the lM instant, of the steamship E. If. L'nyler. and request that piiieeedinj^s may be instituted for tlie forfeiture thereol, tofjcther with lu*r tackle, apparel, v\:c,, under thetliinl section of the neutrality aet of April L'O, 181S. I im-lose the report ot the surveyor of the i)ort who made the seizure ami examination as therein related, together with the register, manifest, crew-list, ship ping articles, clearance, bill of health, and letter of instructions [IGJ *to the ma.ster, the papers taken Irom the rooms of the captain and his assistant, and the allidavits referred to by the surveyor. and four drawings taken from the vessel but not mentioned in the n- port. 1 am, verv respeettullv, &c., II. A. SMYTH K, Collector. ►S. i. or nil, imh:i» statk."*. 7G7 |IT| *Mr. Hcrroii, f'nUnl Stitlis nun'shtil, fn Mr. Itnncnimj, Aitliiij At- f'iniriiljtiitral. tiiiif itf Sfitti . Ofiui, I'mtkp SIATKS MaK'SHAI.. IMSTKK T Ml- LolISlAX \. .\rir ih Irons, .lull! V't, I>«»S. Sii: : I lia\«' tin- Inmoi- to a«'Uiiu\>l«Mlj;(' ir<«ipt nf your romimniM'atioii iit'tlH' Tth iiistaiit. r»*Iati\«' to liostiU' t'\|HMliti<>iis coiiU'inplatJMl ajjaiiist Mt'\i«o. Two <'\|M'«titioii.s siis|M'ct<', (.', Mr. Iltrron, I'nitt-l Stutvs mtirslm!, to Mr. Uroicniiuj, Artlu;/ Atturnci/- (itmral. Ornrn r.MTKi) Statks Maijshai.. DisTR' r yif Lun.^iANA. ('tmtoh\-lIou.se liuiUl'nni. Xi ir ihh-nns, Juhj I'll. ISiJS. Sfi: : I have the honor to suhiiiit the followiu'; report of my operations i<»r the urpose of Itreakiuir up a nioveineiit to violate the neutrality liiws ot this (iovermneiit h\ armed invasion ol the IJepuhlic of Mexieo. 1*»] In the early part of June rumors reached me *that parties had arrived in New Orleans, with means and autluuity fioiu revolii- tionaiy cliieftaius in Mexico, to i»urchase arms and enlist men. and to transport them to some i>oint on the .Mexican coast, supposed to be in tlie vicinity of I»a;rdad. On puttin<; myself in communication with the iMinsul of Mexico at New Orleans, Sefior Ifamou l>ia/. I ascertained that >iiiular indefinite reports had come to his Um»wletly:e. Kxi»erienced deputy uiarshals were at once set to tracin^i" U[» these it'lM>rts. and the main city reutUv.vous of the tililmster n'cruits was in 'liie time «liscovere«l to he in rear of a j;'rocerv and liquor estahlishment It the corner of Kamiiart and Ksphuiade streets. Close «'spionaM1'AN VI N(i ^1 HJ St» tar as tlu' inosf rij>ns inv('sti{»ation «'oul(l dovcloi), the iiitii ciji tuiv«l \vor»' imaoiuaiiitcd with tlu' real jmrposi' of tlicir leaders, Aliucsi vitiiout iX"«'ptiiMi these men were s«|nali(l and poverfy-stiiekeii, eiiilnai I injj two classes at present very nuiuerous in New Orleans : 1st, personsl Avho. lindinjiit inji)«)ssible to obtain «'niploynuMit, enj;aort : 2d, despci;! does who will not work so lon;»as there is any »'nterpris<', uhich ]>r(Miiist's| adventnre antl jdnnder. St'veral of these men asseit«'d that llu,\ liml been en«;aj^;ed to work on a railu>ad near Vera Crnz. Senor Diaz was actiM' in hisellorts to jirocure evidence, bnt wliciiilit ]>risoners >vere bronjiht before I'nited States Commissioiu'r -lolm 1' Wells, esq., on Jnne LTdh ultimo, it could not be lu'oven that tiicy liiui been know!:!«fly <>uilty of an attempt to violate the laws; so they wvw discharjjed. On June 27th ultimo, I dispatched two deputies, on the United States «|uartermaster's steanu'r, Klla Morse, to (Irand Isle, situated some [20] forty miles *from Southwest Pass, and the site of old Fort bi\ inj^tston. They were sui)ported by one company of the First I iiitcd States Infantry, under command of (/ai)tain ami Brevet-Major Kciizic Bates. 1 had learned that the leaders of this tilibuster movenuMit, with excellent discrimination, had selected this as their ])rincipal camp and ]>oint of (Mubarkation when ships could be procured and time fcu' action arrived. At (Irand Ish», seventy-four men were ma«le juisoners, and thence con veycd to Fort Jackson, from which pla(;e they were, after sonu' necessaiy delay. bron<;ht to this city for trial. Their arrai^^nment betbre Unitelace on .Inly I'Mh instant, when it was tbund that the same ij^iioraiicc concerning the ulterior objects of the lawless enterprise in which they were enj»a;;cd existetl amony; the rank and tile as was noticeil aiii. m^ the nuMubers of the band lirst captured. The men were, therefore, (lis charj;ed,but the four oflicers taken, nanu'ly, Hilary Cenas, Emile Ikicaml, J. 11. Hernandez, and L. K. Hill, were orden-d to furnish ^ood and sal ticient security for their appearance at the next (fall) term of the I'liitcd States district court for trial. The managers and orj^anizers of this tilibuster movement dis {21] played unusual *secrecy in all they «lid in this connect ion, beiiiii, up to this nu)ment, I feel convinced, perstuially and by naujc unknown to all eufjafivd therein, excei>t the recruitinj;ollicers and sucii others as it was absolutely necessary to consult, ^^'hen the first arrests were made, these leaders are supi>osed to have tied, souu' to Havana, others to Now York, and reports reach me that this latternametl city will henceforward be their base of operations in this ccuintry. In conclusion, it ^L'ivcs me pleasure to state that in all my ellorts at suppressinj; this attempt to rupture the peaceful relations existin;: between tlie Fnitetl States and Mexico I have had the eainest ami valuable <*o operation of Scum' K'amon Diaz, the Mexican consul, also luou'pt assistan«'e fron» Brevet Ma.ior-(Jeneral It. ('. Buchanan, com mandinjr lifth military district: and aid from the local authorities ot New '>rU'ans, when re)i, yorciiilirr IJ, ISIJS. ■22] *SiR : I liiive tho Imiior to iiiciosc, lor your coiisUh'rMtion, a copy of an artii'lo i)ul)lislM'«l last »'\' iiiu;;' in a U'spcctalilc iicwspajxT of the city of New VoiK, it'lVnin.u- to the reported or.^aiii/.atioii. at that and oilier cities, of expeditions for ihe invasion of ('ui>a. While this Depart- nifiit has no inforinaiion of any sncii illc>ial organization in progress or (•(Uitcniplated, 1 nevertheless de«Mn it my dnty to l»rin<;- the suliject to your iKitice, to the end that if yon ilnroiected violations of our laws for the preser\ation of neutrality, such instructions nniy be issued to the district attorneys and nuirshals otthe I'nited States I'ecpiired lor the defeat of the schemes in (piestion, 1 am, sir, \ours, ^:c., WILLIAM II. SEWAKI). iloii, William M. KvAiMS, At(i>rHvii-(i(nerosed ol>j«'ct of annexation of that *islan'' to the I'liiied States. Such expeditions are in \ iolation of our neutraiiiy law s. and 1 he;;' that you will j;ive the suhject imme(liate attention, and report to me the ivsiilt (>i" yonr iiujuiries durinj; my exix'ctcd visit to the city of Mew Voric. I am, verv respect full v, vonrs. tM:c., WM. M. KVAL'TS, Attiinuyihiurnl. s. (1. ConiTXKv, Ks((.. i'nilcd KS(wled,i;( the rcceii»t of your h'tt«-rof the It'll instant, callin.i;' my atlenl M»n to an article in the New York ivo flit' .-iil)je('l immediate alleniion, and report to you the result of my iuqiiirie's. 49 A m 770 Tin'.AIV OK VVASllINTJTON PAI'KKS ACCOMrAXYIXCl ■^j In roi»ly tlicri'to, I have to stato tliat I havo, made a tlioroujih ini tiji'atiou into the iibovo-naiiuMl ])i'oJ('{'t('(l cNi^'dition, and find tliiil ir no cMstiMK-r in fact. It is line that a nundxT of well ]< mi jL'4] tilihnsti'is have *o))cn('d an otHco at 4;)iS IJroonu' strrct, in t| city, f<»r tlic ostcnsiitlc jiuiposc of «MdistiniU loally widi a view of nialcin^' nionoy ont ol' icsidont Cubans in this city, who sympathize in the canso. Ibit I hai)py to inform you that thus far tliey have been unsuccossful. I have the honor to remain, •See.. jjoiiKHT ]\ii;kkay, initi'd Staten Mpredationsin the<'li;uiuir of a piivateei". and witli the Ihiii' of the Cuban insurgents, against tli maritime cctmmerce of Spain. The vessel will leave port with tiie i nil States tiaji", an«l at sea will replace it by that of said insurj^cnts. Cdi sidi'rin.u' that this st<'amer. under the absuid ju'etense «d' sympatlii/iii with the Cidtan insurgents, has no other object that that of coiniiiittiii'. acts of pirai-y a;;ainst Spanish commei'ce, it is eai'nestl.N' hoped that ilir rinte«l States (lovernment will use all the nu'ans it may deem necessuiy to avoid a procee, 1S(!;). Accoidin.ii to inl'ornuitiou reccixcd IVoia New Orleans, !Mobile, .1 sonville. I'lorida. Charleston. Savannah, and other soutliriii port>. busterin.!:;' expeditions are bein.ii" oryani/ed in said ports, for the piiij of joinin;;- the insurgents in the island of ( 'ulta. |lM)] "*lt is hoped tiiat tlie (ioverument of the Cnited Stales renew the orders pre\ iously issued to the local autliorillcs. ( trict attorney. , collectors of - ustoms, Cnited States marshals.) to etfect that, actinj; in harmony with the consuls of Spain oi other d authorized a^i'cnts, such measures may be taken, a^re<'ably to law shall prevent and «lefeat such actsof a.y^ressimi against a nation li ici to (he Cnited States and their ancient allv. ilCK- iili- K»S(' will ' is- tiic ul\- . ;i^ i.llv Mr. Fiti.<, Sivntaryof State, to Mr. JionfircU, Strretari/ of the Trvii>^nnj. Department of Stati;, Murvh LM», 18(i!>. SlK : This Departnunt is informed by the nnnister of Sjjain that In' Las official infoniuition to theclfcct that, at tlic i)ort of Jacksonville m yn. icroMPAxvixa nsulo a tlioronfjli iii\>^ oil, JMmI (iinl tllllt it hiisl lllimlMM- of well Irivateer, uiitler tlie lhi<;' of the (JiiWau iiisurj;eiits, upon the, maritime commerce of Spain. It is sup[)i)se(l to he the intention of the steamer to h'ave port niidei- tlie I'liited States llaji, to be afterward replaced by that of tlie insuri^ents referred to. It is, tliorefon', sufij^ested thi'i such instrnctions b«' ;:iiven tooflicei's L'7| subject to t lie orders *of your I)ei)art:iieiit as may prevent, or lead to the piiiiisliment of, any otl'ense which may be committed imainst the laws of the LTnited States liy the i)avties who may be eu- ■^iiued in such an illegal enterprise. J have the honor to be. «Iv:c., liAMILTOX FlSir. Hon. GjOOlUiK S. liOl^TWELL, ISccrcfari/ of the Trcdsitr}/. red March 1!>, ISdii. h'lice, it is known tliai he <;oast of Moiidii. a idor, (or jierhaps s(niii' lationsiii tlie ch;iiiitlii isiiryeiits, a,i:-ainst the ■e iMUt with the liiittd , ISC!). )rleans, Mobile, -hick r Sdut ih'iii ports, lili >oHs. for the pmpit--i' >a. Tnited States will »cal aiitlioritics. c is s iiiarsliaf"^.) to the Spain oi other dnlv ii;ireeal»l> to l;iw. n-; iiist a nation fiicmll.\ iri/ (»/ the Trviisiinj. ov Stai'i;, March I'll, 18(i!i. M- of Spain that lie of Jjicksoiivilie itr Mr. Fish, Secrcf Mr. Hoar, Aflonu/i-drii/ raJ. DEPART:\rENi' ol' Si \ri;. Morrh ::<». lS(i!>. Siij : The l^epartinent has received information to the effect that illt'ual exiieditioiis are in juojiress at New Orleans. .Mobile. .i;icl;soiiviile, ClKiileston, Savannah, and other southern ])orts. foi- the purpose of aid- ing the insur^jfents in the island of Cuba. Jt is coiise(|ueii{ly s\io-;.';estecc., HAMILTON FISH, lion. F. K. IIoAiJ, Attoriici/GcHcraJ. • i /" .[ Mr. Fish, Seentari/ of \stitte. X.vvv l>i:r.\KT\ii:NT, ^fare]l l"J. lS(i'.». -'^! *Sii{ ; T have the honor t'» ackiiowledm' t!ie receipt of your letter of the L'Oth instant, re^ardiii^ the report which has reached the Siiiiiiisli minister, of the littiiij;' <»ui of a steamer at Fernandinaor .iack- s'lnvillc, to cruise, under the lla«:f of the ('iibnii insur^'ents. a.^ainst the coiiiiiierce of Spain, and to inform you that pro]terinstructions have been ;:iv('ii to Hear-Adniiral lltdV, commanding the Ninth Atlantic sipiadron, itii llie subject. \'ery respet;tfully Hon. Hamilton Fish, DAVID 1). FOIiTFR, Vice A'l Ultra J, for Secretary of the Xorii. ■\. k Secretary of State. '■r-K'.^vm,yy['"'^y' 1 ■ i It ■'t < ! ' 772 Tur.Ai'v OF nAsHiNMnoN — i'.\i'i:i;s acco.mtanvinc Mr. Iloin\ Att<>r)i('i/-(i<')urtil. to Mr. ]>!shc<\ (li.sfrict (tftornn'. Att(>ij>'EY-(Jknki{Al"s OiTiCK, Mxrvh i',!. isdit, SiK : Tliis Dcpiiitinciit liiis rcrcixi'd iiiloijiiiition tlial n stcimici' is bciiii; littcd out iit tlic \unt of .litcksoiiN illc or lMMii;ui!liii;i. in yoiir ills Iricr. lor tlio jmrposc of coimnittiii^u' (N'prtMliitioiis in tlic cluiriicfri' of ;i ]ii i\ Mtccr. uikU'I' tlic Hiiji' of tlic Cnliiin insiii';Lii'ii»s, iiixm tlic iiiariliinc fomiiM'i'cc of Spuiii. It is supposed to bo tlio intention of the stcinn,.] to have tlie jioit under tlie tlaj^' of tlie I'nited Stiites, to he alterwuid rei)IiU'ed l>v tluit of tlie insnijiciits referred to. [2!)| *You are instructed to coniniunicatc this information lo \]\v Fnited States marshal, and, with him, take such iiieasnrcs ;is may pri'vcn' such a violation of tlu' laws of the United Statis, and lo re[)ort vour action to this otiice. N'crv respectfidh. vours, i:. \i. noAi;, Attorncy-dincrdl. IIoKATio r>rsi?F,i',. .II'., Ksip, i'niii'l tStatcs Attonuji, Soinf AKijKstine, FlorUhi. r,'^^ f\ !. Ill- 1,1 Cliarleston, Sa\annah. and other southern ports, lor the puiposc of aii iiiu the iiisur,uents in the islaiul of ('id»a. Vt»u are iierel»\ insiructed to keep a close \vat<;h on any expcchlimi ( this character wliich you may have reason to supi>«»s(' may he atttiniii' in your district, and. with the aid of the marshal, to take such stcjis li it.s [d'eventiou or punisiimeut as arc warranted by law. N'crv r«'spectlullv, K. i;. no A It, AUoniii/dtiirriil. \:Mi\ *Mr. Hour. Aifornri/ (it-nn-nl. to Mr. rish, Srcrcfari/ of Stulv. A'I'TolJNKV-dKNKlJ Al/S ( )F1'I<'1':, M(trch'l'.\, ISdii. iSllf : I liave th'' honor to acjtaiit, relative to alley-ed illcual expeditions mnv in pro;:n's> at \arious s uitheru poit.s, t'oi' the i>urpose of aidin;;' the insarjiciits in the island of Culta, and to the case of a steanu'r lieini;' filted oiii at .larksonviUe or Fernandica, for the pui pose of comnnttini: (Icjurdatioiis on Spanish comnu rce, as a i)rivateei', under the Ha^' of the insuriicnts rcferi'cd to. As suyjii'sted, such instructions ha\e been issued to the olticcrs ("I tin' (iu\ crnment, sid»jcct to the (uders of this J)e[)artinent, as, it is ImpiMl. coiwi'i:!; (ASK OF Tin: r.siri:i) siaiks. ( (.» iiiiiy Iciid to t!i(^ prcvciitioii or iMiiiishinciil of any such violarioiis of (lie hiws ol' tln' TiiittMl Slates. \'ei\' irspcctliillv, sir, (.^ic, K. I{. lIOAh*. ^Ationicii-d'iinaL Hon. llAMii/roN Fisir, kSccret<(ri/ of IStaic. \^\ M/r. /-'/.v//, Srffr((i)-)j of Staff, to Mr. Bnclm nun. Bei'Autment (ti' Si'AJi:. Manh .".O. ISGl). SiiJ: I liave to ackno\vl('(l<;(' tlic receipt ol' your letter oT Hie l';)«l instant, adcht'ssed to the President, and hy him referred t(» this Depait- iiii'iit, in relation to the sei/nre and eondenmation (tf the Uark (leorjiiana hy the ,m>\'ernnient of Spain. In reply I ha\t'to state that tiiedcor- jiiana a[>i>ears to have hei-n eondenmed hy a Spanish admiralty court of the first instance, as a lawful prize of war. in consetpience of her lia\ in,u Ihm'ii en^aji'ed in transporting' a military expe(lition and its munitions, ilfsinucd for the invasion of the island of Cuba. If the Judunient of tliat i'ourt was eirom'ous, a remedy should ha\(' heeii son,i;h1 by the (iwiier ot the (ieoi'j;iaini, thron;^!! appeal to the court of last resort, wlicie it is to be presunu'd that the error, if any, would haxc been cor- ncied. If it weic admissii)le now to discuss tlie propriety of the Judy- iinMit. this (iovernment is not in possessiini of such information as would iii;ib!e it (o show the condemnation of the \essel to have been nnwar- riiited. It is not sullicient that tlu' ownei's, ami even the master, were ijitM)rant of the destination and i>urposeof theci'iniinal expedition 1-1 *in which the vess, isd'.i. Sii; : I liaviMlic lionor to iicknowU'dji'c the ivccipt o*" nir letter ot the LMHli ultimo, st'.itiiij; that you had been advised 1-^, iiio ipiui.ster u\ Spain that he had received iMtoniiatioii of tlie fittiii*;' out of a slemiici. .siipi)(»sed to be the Salvador, at the port of .IacksoiivilUM)r I'diiaiidini, Florida, as ii Cuban privatet'r. \vhi('h mi^ht leave port under ilie ila:: of the InittMl St;!tes, f«>r the pur[)osti of couunittin^' ort resi»eetively that no such vessel is lii tins' out as alle^^ed. 1 inclose herewith a copy of the r<'ports in tjuestion. , \"erv rospet'tfullv, GEO. S. BOITWELL, iSecretari/ of the Trcasiiyn. lion. Hamiltox Fisir. Scirctari/ of' State. i ri; ff *'» ■ 'Ai* ^ m m *' -1^ mmmm. [Iiicltisiiri' \(i. 1.] j\Ir. Monthly collector, to Mr. BoiiticcU, iSecrctary of the Treasury. Jacksonville, Fi-ouida, ('ustom-Hoase, March 26, ISii'.l. Sir : 1 havo the honor, in reply to your letter of li-d instant, diicct- ini;' that 1 examine an«l rei>ort if ther*^ be any such vessel littiiig [.■»4] out in *this port, as Salvador or other, with intent of bciii;: ;i Cuban privateer, «S:c., to intbrm you that lliere is no steaiiier i>i' other vessel in this [)()rt titting nr preparinj;" to lit out for any micIi oh- Je«*t. There are no .'i^eamers in this i)ort, <'xcept our re;^nlar river- boats, besiiles the steam pleasure-yacht I'"'ire-Fly, of New York, belong- iiifi to .Mr. T. I*. .lames, who is on board with his family. I am. verv I'espectfnllv, «S:c., P. MONliV, Colhrior. Hon. (lEO. S. JIOITWELL, Scrnfarij of the Treasury, Washington, I). C. [Iiiclosuif No. '2.] Mr. RoHX, coUector, to Mr, Jiovtirell, tSccretary of the Treasury. CtJSTOM-lIorSK. Fernanilina, Florida, March !'!>, l^'i''- Sik: l{es])oetfully referring to your letter of tlie 2L*d March instiiul. I hav»' the honor to reply — That there is no steamer in or near these waters named Salvador, nor any steamer else than .small tow-boats employetl liereaboiit. C'Ol'NTKU CASi: OF TIIK IMTEl) .^TATKS. (7;» SlioiiM J'liy iMovciiuMit- 1)0 (IcvcIoixmI, yimr instiix'tion.s relative to the iioiitralir.v act of A|)ril I'D, ISIS, will he duly enforced. 1 have the honor to he, yonr.s, »S:('., GEO. S. IIOUX. Hon. (ii:o. S. liorrwiu-L, ^Si^<^l^l^fa^'t/ (>/ tkc T I'ct I !i H f jj , M'ttshiiit/ton, />. C. of ihe Tt'caHury. [ijj * Vice- Admiral Porter^ /•»' St'crefdri/ of the yury, to Mr. Fifn, April (3, ISdlJ. Sill : T have the honor to infonn you that a reixtrt having reached this Department tiiat an expedition was littinu' out at. or luid -mailed Iroiu, New Oi'leans, to land in Cuba, instructions were ininiediately sent In t('le},naph to Jiear-Adniiral H. K. Holt, comnnindini;; the North At- lantic s(|uadron, to endeav«)r to arrest the expedition. He l.as tele- maplied in reply that he would leave Havana the ."id of Ai)ril for the Mississippi, in execution of the l)ei)artnient"s orders. Verv respectfullv. «S:c., ])AV11) 1). I'OI-^KIJ. For the Sicritory n, iht Xavy. lion. 11a:mii:t()N Fish, iSccrt'tari/ of iStute. ONDV, Cvtlcrt'o: Mr. Fi.sh, Secretary of State, to }fr. Ju>hcrts. Spaniah uiinister. l)i:rAKT:vrENT of State, \V)(.'r to your informal eomniiudcation concernin«i; the steamer Salvador, 1 iia\e the honor to transmit herewith a copy of a ict'er addressed to this l)ei)artment by the Sccritaiy of the Treasury. 1)11 tile oth instant, and of its accompaniments, statiii;;" that no vessel 111' that name, m>r any otlu'r, is tittin;: out as is alleiicd. with hostile iiiti'iitions toward Spain, either at Jaelcsonxille or Fernandina, Florida. Iiii * He pleased, sir, to accept on tliLs occasion renewed assurances of mv hij;hest eousitlerati(»n. HAMILTON FISU. Sefior Don ]M. Lopez IIobekts, dr., itr., lit*. >/■ the Treasury. Viec-^uhniral Porter, for Secretary of the Xary, to the President. Navv Department, WashiiKjton, April L'l, ISfiJ). ^ru : T have the honor to submit hcriwith, for your information, a t'<»l>y of a dispatch, dated the loth instant, received from IJear- Admiral 77(1 TRi'.ATv or wAsiiiNc; ION — r.\i'i;i{s accomi'axying H. K. llnlV. <'uiiimiiii(liim tlio Nortli Alhmtir s(|M;Hli4)n, n-lativc ti. l.iv iii(|iiirics (•(niccniin.u' reported expedif ions littiiiji out at New Oileuns i,, liiiitl ill Ciihii. \'erv resjx'ctfiillv, voms, »S:('., DAVID D. rORTKl;. For the Strntnry of the Xani, Tlie IMlHSIDENT. It t! H-- if! w 1 IllclosiilO No. l.] Jiair-Adiiiinil Jloft', c(>m))i((iiili)iif Xorth Atltaific s(iiinth->n. tM ( km ooK. J'tHsacola liatj^ Aprtl l;5. ISO!". Snj : III eonsequciico of tlie Soiitlnvest Pass I'.ar, at the inoinli n tlie ."Mississi|i|»i K'iver. lieiiii;- ]>aitially ItlocUed up liy vessels aiiiouinl. I dill not deem it priuleiit to \H) up to New Orleans in tlii> \<'>>il: [.">7j tlii-retore I dispatched Fleet Captain ''''. Slli : 111 ohedience to your orch'r of the Sth instant, directinir me M "proceeur]tose of olitainin.ii all possible iiii«>iiii.i tioii ill re;xard to th" sui)i>osed tittinj;' out of C'lioan exp«*diiioiis in tli:it ^ icinity." I have the honor to report thai I arrived in New (hleaiisnii the t>th, and communicate: Mi- (iray, collector of he jiort of New Orleans; 'Sir. Keith, survey«»r ol ilit jioit ol New Orleans; ,Tudj;»' Diirrell, jud;^*' I'nited Stalesdi>liiartmeiit : *.Siioi Charles JMe, onsal «ri<^spa{iue. rpon dili.iieiit iiKpiiry, it appears that tlu four fust named p'litleiiicii neither know nor have they any i^roiimls for believing that such expc NI()(»( (lOJv. V, Ajnil \:\. ixi'.i. •, iU tlii* iimntli vje<'t. I am unable to discover that tiiere is even a proltahility of any such exix'diiiun Iteiiii;' seriously con- [;)!lj temphiK'd, although its *or;;ani/,alion lias doubtless l)een (lis- ( ussed, and perhaps projjosed. J am, very resi>ectfnllv. vonrs. »S;c„ .I.e. \\ J)i: KlIAFFT, ('(»)ntniii(lrr J'liitnl Sfafr.s X(trif. FU(t-('nptitin yintli Athditir Stjuadron. Kear- Admiral IF. K. Horr. CoiiiiikiikUiih Xnrtli Athiiitir Stjuailnmy L'nitcd Sf((trs FhajShiji Contoovoolc. is rej»ort. by wliifli (> likelihood ol ai!\ K. IKH r. tlantic SijitiulioH. mliny North Athi.n- )[,•. Fish, Sccrctanj of State, to ^[r. Jhirhnr, UnitnJ States mar.sh((l, Xcw York. [Tfli'jjr.am.] Di:i»AiM'MKNT oi' State, }Va.sltin(it(>ii. Mail 7, IStjO. rit.vxcis C. P.Alir.ow. I'nifci) states Marshal. Xt/v York: 'flic Spanish minister says he has iiiformati:)n that the(\|uaker City is Itciii^' lltte«l out and armed to eriiise aj^ainst Spanish commerce. Impiire iiito the matter with a view to further proceeding's. HAMILTON FISH. , April 11. ISi.'.t. t. dire«-tiiijr nie M with the autlioii- 1 possible iiiloriiiM .\l»ediiioiis in Jli:it n New Orleans eii in;; oliiciaN: Mi- I. surv«'Vor ol tilt' ited .States district l»artment: 'Sefior named ^reiitlciiicii 1- that such cxpc Mr. dray, collcc- subject, an«l li:!^ onsof the neutral- Mr. Barlow, United States ntarshai, to Mr. Fish, Seeretary of State. [Tflcj;iaiii.] lion. IIAAIILTON I'isii, Sirrctari/ of State Telegram ju.st received. 1 will at once impiin New York, Ma;/ 7, IS-JO. rilANCIS C. r,Ai{L()W. United States Marshal. Mr. Fish, Seeretari/ of State, to Mr. Hoar, Attorney-General. J)epakt:ment or State. Washintjton, May S, If^m. [40] *Sii{: Mr. l{(d)orts. the minister of Spain, late in the business Lours, yesterday, orally represented to this Department thatheliad ■ppp^^pp 7*^ TIMAIV OF WAiiakiT Tity was Immh;; ii;t(.l init ami aiiiud at N\'\v V«uk for t!ii' |un|M»s«'ofrruisiii;; a;;auist S|»;iiiisii fcMnnuTcr uutlrr a Irttt r of iiiaii|iU'. 1 at oik-i- tflr^iraplu'il to (miki i! Harlow, tli»' inaislial. to imniiiv into tin* iiiatt«*r, with a \ jfW l«» iniiln i l>roc»HMlin;:s. It is, howfViT, sii^;;t'st»Ml tliat yoii pve hiiti such turilui oJlirial iiistiiictittiis as you may jUmmu atl\ isiible. 1 have tlu* houor to lu*, vours. ^V«\, HAMILTON II SI I. K. 'I. HoAK, i? .i ,! " \ ■ n ' : 1 - ■ El; S. [■'■"■!<* : I ■; i ff.i m hi • [41j *Mr. Fiyfi. Stfivfary »/ Stntf. to Mr. lUjuttciU^ Stcrttary of tin Tnaxury. DEPAinMtiNT OF State, Waxliintftoii. Mnii S, ISC'.t. Siij: ^Ir. If(»lH'its. tlu' niiuisirr of Spaiu here, has iviufsi'iittil to !i i- I>.|»iirtmiiit that the st«am«T l^uakt-rCity is in pivpanitiou at N«\v Vmik tonuisi- against Spjinish romnuurt' ur ; a Iftttuot' iiianpu*. I willci.ii srtpiciitly thank you to jjivi* siu-h insnu»ti«»iis as may pivvcnt thai V(> M'l liom rh'aiinu iu viohitiou of tlu* iit-ntraiity act of iSls. 1 hav«' thi* lionoi to In*, ^c, IIAMILTUX Fl.SH. Hon. Gi:uK(;k S. Uoi tukll. ^ivntanj nf thr Treaxuiy. Mr. litirJoir, Uuifnl Staftx Marxhtil, to Mr. Fl*h. Secretary of S(Hf<: [T«-Ie;^ain.] New Yokk. .1/'?;/ s. ism. Stcretnry of State : I havrlMM'ii aboard (^JuaknCity. Alterations in luTan- not suspicions. e\<'t'pt cU-arin;^' raliiiis tioui mail: ilerk. whi«-h possibly UH-ans an arinii miMit, otiuMwisf ni>thin^ hostih* in Iht ap|M*anince. Last .MoiHla_\. Sn«'e aiv bein;; niatle. A«-connts from captain a.s to ownership ami destination are sns l»i<-ious. They say she is ^roinjir to Itio in trade, but their story does not st;iiul criticism. I Ix'lieve that if vessel sails without interru[»tJon it will Ite on ("iii'Ui expedition or a«« privat*er. Should we seize now 'bey will deny all. and I doubt if we havoenouuli pro(tt". Letter by mail. Shall I comuutni<;ate and act freely with the .Spaiii>li consul i .Sundav. Address 258 Fourth avenue. FKANCIS IJAIILONV. Lnittd Stiftex Mari^hol. MrANYINtJ COrXTr.K (ASK OF THE IMTKiJ STATKS. 779 HILTON MSI I. .Jr. rixh. Stcrtarif of State, to Mr. Bmlinc. Vnitnl iSfntcs marKhril. Xnr York. [Tell <;r;il|l.] Jm:i'aijt-v!i:nt of Stvtk. WitNlilniitoii. Mdji s. isil!*. (u'lu'nil l-'UANilsC. Uakf.ow, r,i!tfil Stads Marshal, Xnr Yi,,-!,- : Dispatrli n't-rivi'd. SjMnish miiiistcr I n i('(|ii«'st(Ml to c'diuiiitmicato with .\ on. < 'oiitci- witli liiin or Sjiaiiisli consul. Wjitt-h tlic sliijj, iiiul HMzr wIkmu'VI'I sullitii'iit itioof. HAMILTON FLSll. U, St'crt'tari/ nf //,<■ kllLTUN I ISIl. cittary it/ Stuff, IK. .l/'f.V S. lSli'.». [4.>J "Mr. n<(il'iir. I'nifat States marshal., to Mr. Fish, Secritari/ of State. I'MTKi) States ^Lvusiiaf.'s Oiitck, Xeu- Yorl,: Mail 1>. ISO!). SiK: I li;Uf tilt' honor to state that your tch-mani dirrctinu nic to watch the (^>n:ikci- ("itv and >ci/.c her when I have sutlicicnt proof was icccivcii at 7..".o p. ni. •»!' >Liy s, ami at once acknowU'd^i'cd. What is <-onsidcrcd "sntlicicnt proof." and wluthcr it is that dciircc i»f proi»f wliich woidd authorize the condi'innation of th»' v«'ssel, is not .>>tateil, I)ut unh'ss ntlierwise (lirecti'd I shall proceed as folhnvs: Shouhl the vessel atenipt to clear we will withhold a clearance, oven tlioujih intthin;;" additionally suspicious is learned aliout her. until we can coniniunicat«' with Wnshinyton and are anirniatively salislied that lnT ohjects are lej:al. I am t(thl that some siindl-arms were «'arried on Imard on Friday. Slmuld she attempt to l:i> to sea without a clearance, (which is not at all likely. i | shall sei/.e at once. We ha\e tlie vessel watched and the revenuecutter near at h and. [44] Mr. (irinnell is exceediuiily vigilant ami inteiestetL *and will jiive the Spanish authorities eveiy assistance and inff the United States, and your duties as marshal in relerence thereto, bave been seut to this ottice. The tirst seven stn-tions of cha}). 8S of the acts of Couuress of 1818, \3 Slat, at Large, 447,) provide for the punishment of persons and the ^WfWi^lWiWffT! 7S() TKM.ATV <>F WASIIIM; TnN I'Ai'F.U'S A( » < »MI'ANYINt; 11 hi \ • ■ w I ; v., J '*■« loi-fritiin' ol piojirrty. uliicli an' of (•miist' to lie rlVi'ftrtl 1>\ tin- jml-. iiK'iit of n court in a suit coiiiiiu'iu'ctl liy iinlictiiiriit or lilirl of iiit'orni.i tioii. [(."»| Such suits w ill. in itro|n'r casrs. lie institiit«-t| l»\ 'tlic ilistiii r attorney, ami >oii. as marshal, will aricst the prrsiMi or |iio|m iiy ])iirsnai>t to thr wariant a ot \css<'ls. certain tlntii's. ami ;^ivean anliiorit^ to collectors of ciistd'UN To (letaiii vessels or to take a l»oml. W hetln-r sails. «'itlu'r eiiiiiin.il m tor loileitiire. ar«' to i>e instituted. niu>t. so far as the local oilicersiuv ••onct'llied. be «letermine«l l»y t he •li.^t liet attorney. U|ion such c\itlclir,' as may lie known to him : an«l y<»u ha\e the well known rinhl of ni.n shals to call upon the y^o.sxc nunHntHH to aid you. it" yon are olistnirtcd ill the service of process. So far as sections S ;iiid '.> confer ii I;iii;(i jMiwcr than this upon the pers<»n empowcied l»y the ricsident piMsii;iii! ti) these sections, such ptMsons luust lu- specially empowereil for that ]iui]Mise, and you *h« not have this power by virtue of your oilict' as marshal. It i> plain that to efticiently i>revent any violations «)f this act. or \n surely punish them, if eommitt«'d. the eoidial and at'tive eo-o|)«'iati«iii of the district attorney. mai>hal. and collector of the jmrt i>^ [4<») 'reite. Any information that you may obtain in any iiiainii i w liich you deem worthy of any notice, should be imme«liatclv cum muiiicated Ity you to the district attoriicN . and also, if relating' lo a vcsm-I. to tlie eolle<'tor of the port. It is not tleeiiu'd hot. at j)rcseiit. to an thorl/e or reipiire you to employ detectives ftu" the special purpose ut di>coverin;; violations of the provisions of this act. but you and ymir (lepiities ar«' expected to rec«'ive all information that may l»e otfeicil. ami (o be attentive to all matti'is ot" suspicion that «-oine w iiliiii .vonr knowledge, ami in eases wliere your action is required, to lie vi^ilaiii, ]>rom|»t. aad «'tHcient. I will thank you to <-(»iiimuiiicate to iiic, fimii time to time, any information that you deem trustworthy and impiii- tant. The local ollicers an* in no event to wait for instructions before actin^r in eases wln'ie tlu'y are convinced that a violation i>f this act Ii i^^ been committed, and w here :H'tiiiciit>. or niiHss th- subj(M-t matter pertaias j. irticiilarly to such di'[»arlmi'iit. .should be made to this otliee. \'crv respi ett'nllv, K. IJ. HOAi;. Attitfiuiidcnii-al Francis ('. 15 allow, Es«i. [47] *M,: nn„t,rrir, SK-ntory of thf TrixsHn/. to Mi: Fish. SecreUmi^J titate. TKEASt 1:Y Dl^.l'AKJMKNT, ^V^^shlH^|ton, Mtty 10, l-^ti''- Sir: I have tlie honor to acknowiedjir*' your letter of the sth instant. respe<;ting the steamer (^laker City, and to advise you that, pursuant COrNTKIt CASK nl Till; IMTKL* srATi:>. ■fc!l t.i voiir n*<|m*>t. the <»»ll('rt»»r of riistoins \v;is on tli:it >tl in \ iitliiiiun ("I" f In- miit i;ility net. \v\\ ri'.s|n'ttliill\. Stf-n t<(iy til' tin- Ti'msvnj. Hon. IIvMii.ToN Fish, Striiliinj of Shit» . ■^\\ Mr. IIiHir, Atlnrnti/ficnmil, tn Mr. I'ii rrcpnuf, ilislriri aftnriHii. Washinntox, Maif 11, l^^Cill. Ki>\VAi:ns Pir.i;i;r.i»«»M'. Ks«j., XrirYml, : l.iMik out for tin- <^)ii;ik«'r rjty. and oii coiniilMiiit, with proof of ]iiol>- ;il)|i' raiiso. liiu-1 iintl «1( tain hi-r. K. ]{. IIOAi;. AttmnryGtmraJ. Mr. Jiiirloir, Unitnl States mur.shal. t > Mr. F'-^h. Scvretnri/ of Sfdtc. Umtkd Statks Makshai.'s ()i i kk. [4S] •Sol Tiir.KN Disi i:iti oi- Ni;u V<»km:. Xrir Y„rl:. MHltjeet to dne pieeantions t«» prevent her escape nntil I had ohiained >onie tnrtlur tvidenee of her ille;ial eharaeter. Today, howevt-r. Mr. (irinnell. aetiiii:' nnih'r instrnetions iVcnn the S,-,i»-tary of the Treasury, put thi- rev«*!iue cutter alon^>ide of the • ^Miaker rity. Tliis will, of eour>e. pri-veiil thi" hitter from uoin;;' to sea witlntiit the ln-nuission of the eu>ionis authorities. l«nt will prevent our obtaining, iir.ther information. I suppose, by i»nttinu' her (uvners on their jiuan!. Very respt-etfuily, Hon. Hamilton Fi^fi. tSccretttn/ of' Stnte. FlJANClS r. r.AKM.OW. i'uitcd Sl((ti.s M at New York, in reply to T.^J rin:Arv of wAsin\(;T(^\ — papkhs ac( ompanvincj •L iiiv I'oiiiimuiicatioii of tlir Sfli instant, inrormiiiji' liini o\' tlic allciivd in- t«'ii(h'(l littinjj out of tlio st>"anu'i' (^Miakcr City at that port to cniix' a;^aiiist Spanisli sliii»|)iiir's 0(fir(\ Moi/ UK ISOi). Sir: hi ivpiy to your Icltor of May S instant, with ivrrrcncc to the firtiiiu' (tilt of tlic stfaiiicr (^>iiak«'r City from this port to cruise auaiiisi .•Spanish coiniiicrct- iiiHlcr a h'ttcr of uiar(pu'. I liave the hoiioi' to s;i\ tliat. pK'vioiis to the receipt of this conininnication, I had heen advised of the siispi(i(»us iiioveiiieiits in and about tliis vessid. and liad ordru'd the captain of tlie i'e\ »'nne cutter McCnUocii to hohl his vesstd in icjdi Hess for any enierj^cney which nii^lit arisi- in this connection. Sn 1 >sc( I lien tly.t lie testimony a i:ainst the vessid ,urowin,n' stronger. [."iO] 1 orch'i'cil tiie cntlei- into the * Kast IJiver, witiiin si.uht ot' tlicsiis jiecicd vcssid. at llie saim- time phiciiiu' her nndei' the espi(iii;i;;v of inteili^«iit ollieers on slioie. d,etail»Ml to watch and report licr move- niciits. I would further add that I have conferr<'d with the Ciiiitd Stales marshal, (leiieral 1'. C. Harlow, who is jnepared to act with me sliduld any emeriicncy aiise reipiirinu" his co-operation. l'>e assured that I shall continue to exercise the ntmosi \ i;4ilaini' in this and kindred cases, and prom|»tly advise the Departmeiii ol' what ever >tejis I may feid consti'ained to take to vindicate the present atti Tu«h' (d' the "s dat( ndativc to the sti-amer <^>!iaker City at New \n\k. I lierewith in(doM'J' the Trcasur}/. CrsTo:M-nousE, Xem' Yoiik, May 11, 1800. Siu : Since my letter of ycstcrdiiy with refereiiee to the sttMUishiii (Junker City. I have the iioiior liirthcr to rejtort that 1 hav«' hee;* iii- luniied that a cliaiii^c in the ownership ^vas made on the '>{]\ day ui' ;\l;iy, last, lor the sum of .s1l',">,()(|(>, and that on ]May S, «)ii<- Mr. Albon M. .h'ticrson. claiininm' to lie a P.ritish suhjcct, went hcfor*' thr J'.ritsh t'oi>- siil and took thr oath ot t)\vnerslii[> ol the said steamer, nntk-r the new name of Cohnnhia. 1 would f.irthcr ailily of her nialdn^' any movement of wliicli 1 shall not be ])n)ini)tly advised. The air is thick with rumors of the secret jjreparatioii of other ves- sels for similar enterprises, of which I shall ])i-omptly inform you shoidd Uie circumstances warrant an active interference. Verv res[H'ctfullv, «S:c., .M. 11. (;kinni:ll. t'dlUcti))'. ll(»n. (J. S. lioUTWEEL, ISiTrrfari/ of the Trefisuri/. 0' I V ' I- I t. SiciutKri/ St:(h:. ','>-' *.!/"/•. r!uaker ("ity cannot jiossibly escape. ^^'lMlill a few days 1 l>elie\e that I shall i)e in possession oi' evidence suf- liiient to libel the steiUMT. 1 tl.ink I can assure you that she will i«ot <>(•;>[)(' (Ml an\ unlawful errand. \'ei V rcNpectfullv. vours. l-:i)\VAl{I)S IMKKKKOXT, L'nifed kStdtes Attornei/. Hon. K. ]{. HoAiJ. Attorney- (icneral. •■ t Mr. Fitth, iSecretitry of Stale^ to Mr. Hour^ Atiorney(ienvy(d. ])efa!m:\ieni' of State. ^\'itsl,^nu|U>n. May 1."., lS«i(). •»'5J Sli{ : Mr. Koberts, the nuniHter from Spain, has orally *and i 11- iPffMiPPPP" \S4 Tli'KATY OF WASHINCTOX I'AI'KK'S ACC0MI'ANV1\(; J ■ I'- i '.I. Pi ' i- i I''' ! :■ ' .f I'oniu^lly rcprcsoiitrd hi tliis Di'iciiliiiciit tliiit ilic stcMiiicr Atl;iii|;i. at Pliilii(h'l|tIiiM, 1ms hvvu stihl to ('ii');iiis, and \\w stcaiiicrs Mciiipliis ami Saiitia i)ossi!»le exitediti()ii> against the island of Cuba, was re(;eived on the loth instant. 1 am, sir. vcuir obedient servant, J. ('. l\. DAYIS. Asuistdiit Sf'crttiini. FlIANClS ('. UaKI-OW. Ks(J.. L'. S. MitrMiKrl ihr ti'tr Soidlunt J>i.s'rirt of' Xiir York. X. Y. [.■»4| *Mr. Jf'Kir. Attoni(i/(i(')i>roL to Mr. VUrrvpont, tlistrU't att nniiil. ^VAslIl^(;■|(»^■. Mftii II. l"^*!'.'. Siij : It has been licate of the above sent to Francis C. iJarlow, cs(|.. Cnitcd Staii'^ maishal, New V<»rk.i -V Mr. Jlontinll, Svcn *nnj of the Traisuri/. to Mr. Fish, Srrrrfiiri/ of >'"''■ TK'F.AsrijY 1>]'.1'Aimmi:nt, ]V<(shin{iloii. M<(!i 11, 1 •"'"•'- Skj: I have the honor t«» aeknowledjic t he receipt of your ictlci .'I tlu' loth instant, inlorndn" me that Mr. Roberts, the nrnistuoi S,i,)!!i. ^w kirANVl.\(i st«>:mi('r Allaiitn. ;t»'i»iii('is Mciiiphis [• i''loi'i(l;i. ;it ('lies- HIS civruiiistinH'cs, s|M'('tin;' wliicli tin- I wrprt'liciisiiiiis. Vu'l'is ill l(<;;ii(l U) lilt. .lll/roX FISH. 'loic, rilitcd Sl(tt>>t coi'.N'i r.i; ( Asi: (m' thi; in rn:!» staiiis. 7 So had r(»|)ivsoiitt'(l to your I>e]iintiiKMit tliat tlic stcaincr Atlniitii, at IMiil- adt'lpliia, liad Ix'oii sold to Ciihaiis, and that the stoamcis .Mcmidns and Saiitiafjo de Cuba, at New York, and tlu' stoaiiicr I'Moiida, at Chester, lVinis,vlvania, were lM'iii«i' litted out under sns|)ici()ns eirc lunstances. Tfie sninjiestion contained in your letter in rej^ard to the expedi- \oo\ eney of this Department issuinj^' instruc*tions to collectors of customs relative to tlu^ information coirununicateU has been jiroinptly acted ui)on, and such instructions have been this day issued to the i'ollectors of the ports above nwutioned, a copy of which is here- with transmitted. I am, very respect full \, Cl'X). S. IJOrTWKI.L. iScn'itdi}/ of iitc Trf)(.st/iy. lion. Hamilton Fish, t^evrrlani of Slate. or Statf,. )ii, Moji 11. is(i(). • proceetlinji's iiiii! )ssil)lc cxiicditioii^ instant. 11. DAVIS, Nistoiit St'cirtiirii. ir Yorl:. .V. )'. (lislricl (itfiintrji. N, M'lu 1 I. ISli'A ncnt of Stiitt", ti.\ ;ind Santia.uo Sicrrtiiri/ of Stitf>'. IVMM'MI^NT. n. Man 1 K 1S<1'.>- (,t yt.iu- lettcrt't' iiiMiist* r of -S,'.)!!!. [ linl(isiir<.'.] Mr. lioiilircll, Srrrchiri/ of (lir TtTdsiiri/, t<> Mr. (irinncll. coUcrtur. TuKAsniv Di:i»AirrMFAT, \V((s!tiii(i(ou, Mai/ If, ISCU. '--ii: : I transmit hmcwith a copy of a letter under date of the l.'ith ant, from the Secretary of Slate, r><,. 'Hcll, tSccrt (orji of lite TruiKKri/, to Mr. Moorcj i'otia-tor. TiM'.AsrRV Di:i»Ain':\ir.\T, Wnshhuiton., May If, lS(i!». Siif : I transmit herewith a copy of a letter, under date of the itJth instant, from the Secretarv of State, relative to representations made to liiin bv the Soauish minister in .reuaro to the a'lejicd littin^' out of iL the ports of IMiila- tt'itain steal;. ers, under suspicion:' circumstaiu ;> •It'lpliia an«l Chester, in your distri<'t. You will please exercise si)eeial vijiilance to i»revent the sailing- of any vessel from your port in violation et ,i, neutrality .ict of April HO, Lsis, and keep the Department lully :!i; { tesi»e( tin^' the matter. ! .:.(. very respecltully II. 1). .MooiJio, Ks<| liKO. S. noUTWKLF iS(i't(t((ry of tlu Trcoxiiiy. I I I f i 50 A Collector of Cnstoins, Pliihuhlpltia. i •I ■ ■' 7S(i TiniAlV OK WASHINGTON I'AI'KIJS A( ('rXMI'ANYINO Mr. liniiiirt II, Si'crclttri/ of' tlir Trtfisiiri/, to Mr. Fish, Sifrrtiiri/ of Stnlc. Tin". AST uv Dkpautmknt, Wosliitiijtoii, jhii/ IS. l^CO. SiiJ; l*('s|>('ctlnll> ii'lcniii^i' t(» nomv coMiiiniiiicat ion of tlit> l.'lili in. stjiiit, iiiid my rc])I_v tlicicto of tli<' 1 Itli, 1 liiixc tlic honor to tiMiismit lu'rcwilli ii copy of ii IctttT from the collector of customs iil New \o\\{, dated tlic ITuli instant, istatin.u' that lie had refused a (Meaiance to the steamer Cohunhia, ((^)nakei- ("it \ ,) l>ccause of .suspicious (arcunistaiucs connected witii her. I^Tl *I am, \ery ivspectnlly. lion. II \MII,I().N risii. iSirrrtarii of St Mr. Jioutircll. tSrcrrfuri/ of llic Tr(''is,:r'! CrsroM-Iloisi:, Nf,\v Vmnv, Collirtor\s (fjfirc, Moi/ l.""», ISd!). SiK : I have to ackno\vledj:(^ tlie receipt of _\(nii' h'tter of the 1 llli instant, transmitlin.u' a copy of one fi(»m the honorahle Secretarv ot State, in re,uard to tlu' alit'ined littin;;" out of se\eral steaiiieis at tiiis port, and be;:' leave to n-port that the spi'cial \i;:dance oftiie otlifcis (if <-nstoms in this distri<'t has already l>een directed to the \essels naiiii'd, and I have this day I'etnsed to ;irant a clearance to tlu^ -steamer ('dhiiii hia. {(^)uaker City,) the suspicious circumstances <;oniU'<*ted with iici ]ia\in;; induce to adojd that couj'se. AnticipatiuiLi \tMir appro\al of my action in the nndter, I aiii.xcry res[»e*-lfidiv, t\;c., M. II. (HllNNKl.L. Colhrho: lion. (iF.ii. S. IJofTWELl-. Stcrchtrii of the Trcd.sHrii. •t": [isj *Mr. IliKir, Alforiiiii-d'eiiiral, lo Mr. Fisli, Sicntiiyi/ of Sfiii<: Attoknev Gi;nj;i{ai/s Oifick. \Vo.sIiiiilir(' probable cause to believe that any vessel is Ibrfeitable for a \ iolatii'iiol the neutrality laws, Miey aro to tile a libel and arr«'st tiie vessel. roiNTKK' (ASK <•!' I'lli; IMIKI) sIATKiS. 787 Tilt' ('Xi>('(li('U('..v of your iiironuinji lln' niiiiistiu' of Spain mat tlie riiitctl States atlorncys of tlic scNcral distiicts will receive directly from tin* Spaiiisli eonsiils any facts tliey may l)c pleased toeotiiiiimiiciite rcspectinji' any violation of the neutrality laws of the I'liited States, is sMl)niitted to yonr consideration. 1 have tlie honor to Ix'. iVc. i:. i;. ii()Ai{, J ttornrji-diinrdl. lion. !lAAm,r<>\ Fisii. tStcrdan/ <>/' Slult . i -n I /■ llif TraLs.n'r Mr. rinrcpDiit. ilistrlcl tiitoiiKji. /e Mr. Hotir. Athiriicii-iirucniL Orriri: ov Tin: ATT()U^'H^ oi' riii: rNuKi) Staiks you THK Soriiir.uN District oi- Ni;\v York. -Vo, 11 i'liaiiihcr.s sfrrrf. Mat/ 17, JSOO. Di'.AW Siif : Yours (»f the llth instant, relating- to the Memphis and Saiiliajio, .ter would instnn-t the Spanish ronsui here to take some panis and collect some criflnur relating.;" to these matters, and hrin;:' it to my m)tiee. I shall Met with the j^rea test pKiiiiptness. I'p to this dale I liaNC ncNci' seen or heard from the Spanish consul. Very respectl'ullv. vonrs, HDWAIJDS IMl'lJKKroNT. I'nitril Sfiifr.s Afforney. lion. K. \l. ll«»Ai:. A/ti)riir:/-(itiHriil, natter, I am. xcry .1//'. l-lsli. Strrrtttr/i of tStiifr. to Mr. li'uliiris, SjKuiish minister. ])i:i'aim:\ie.nt oi- State, U'»^^■A/////^>», Mdj/ LM), IStJO. Sii{: In a lettei- to this Departnu'Ut of the ISth instant, with j'iOJ particular reteienee to the eases of *the steamers Memphis and Santia;;() de C"id>a, the Attorney (ieneral recomnnMuls ;hyt yon, or any other person in yimr behalf, communicate, to the att(U'ney of the Iniled Slates for thi' proper district, proof of a violation of the liiw. If siM'h jM'oof be so furnishe(l, judicial procet^din^s will at once be Mt on loot for the purpose of pre\eiitin,u or punishinji' such \iolation. 1 am, sir, with, vS:c., HAMILTON FISII. Scfior Don M. LoPK/ I*(ti{K!M"S, tlv,. dr. Mr, Fish, ^ivretart/ (>J\Stnti', to Mr. h'olurtx, Siimusk )inni.sfer. Depautment of State, Washimiton, May I'l, l8G9. i^ui : 1 have the honor to inelose for your iidbrnmtioii a transcript of f WWWwm'^ 78S IL'KATV or WASHINGTON PATKHS A< COMI'AN V1N(; a lottcr of tlM' IStli i!!.stiint, ;ul(livsso(l to tliin Dt'partiiK'iit by tln' S(*iv tap: ot'tlic Ticiismv, tiim.s;iiitt;iif»: a copy of a comiimniciitioii .uldicsscl to Iiiin l)y tlu' collrrtoi' of customs nt New York statiiij;' tliiit a clciuiiii,! had been n'fnscd to thv» stcaiDcr Columbia |<^)uakcr ("ityj '•bccaiis( ^>* suspicions circumstances coiincctcU with her." 1 am, sir, with, «S:c., IIAMII/rON 1 isil Senor Don M. L/St<(it\ lit Mr. Jioiitirfll, ScvrrUirn of Trrnsmu. 1)epa7{t:mknt of State, }\ ((.sliiiif/tim, May 21., 1S(;!I. Si K : 1 have the honor to acknowkMlpo the receipt of your letter of tin ISth instant, with its acconii>animent, in relation to tln^ refusal ot ,•. clearance to the steamer Columbia |<^)naker City,] and to inform voi! that I lun'c transmitted a copy of the same to ^li'. lv(d»erts, the .Spalli^l! niinistc!-, for his inf(»iiuation. I have the honor to be, «S;c., HAMILTON riSII IFon. C.i'.oijcK S. UorTWKi.i,, >S(rn tdrji itj' the Tr((isiiri/. Mr. lUmtirdl. Scrrtfari/ of tlir TrcHstirif, to Mr. (iriitncll. cnllicfoi. IVrUar.nu.] Washington, .l/(f^LM, isdit. ?JosT,s II. CiKlNNKi.L, < 'olltclor »>/ Cnstout.s^ Ncic York : W the Columbia has not ch'an'd, withhold papers till further unUr (iKOKC.I-: S. lUH TWHbb. Sccrttnniol'thc Traisurii. ,!i 1 i \iVl\ *Mr. Fish, Strreldry of State, to Mr. lioutirdl, Scrrvlarii of tm Trcosurii. Depaktmknt of Statf. Washington, .l/, l-'^*'!*- SiK": Mr. Thornton, the IJritish minister accredited to this Govoin nient, haviiiji' n i»resented to mo that the steamer Quaker City is Iii.>i *.l/r. riirniKnif. tli.strirf atloniti/, to Mr. Hour. Aft<>,ii> i/ (Jeneral. [Tclfiiiaiti.] Xkw Youk. Jime is. istit). Siu : Yours of tin' scvcntconth in relation to the ("ul»an exiM'dition is received. Action had alreadv iteen taken h\ nii'. i:i)\VAlM)S ViKlJRIM'ONT. {'llifrii Sttttrs- Aftoriirif. Hon. K. II. ll(»Ai;. Attorncydeinriil, Wnslihoitoii. N, May lM, ISil!). , tSecretdri/ of ttn Mr. Fisli. Srcrrtori/ ot' Stotr. to Mr. ]\"l>(:rts. Spnnish niliiistrr. DEPAiaMi-^NT or State, W(tslii)ifitoH, .Junt' IS, 1S'»!). Sii{ : I iia\t' the honor to aeknowledire the receipt of your note of yes ■fenlay, relative to the'alU\u(Ml tittin;; out. in the city of New York, of a military expedition for the purpose of Joiuinu' the insur;^ents in Cuba, anil to infiuin you. in reply, that iminediately upM * Mr. Fish. Seeretarfi of Sfofr. fo Mr. Hour. AtforncyGeneni!. Di;fAKTAiK>T OF State, Wd.sliinfftoii, June 10, lSl>i>. SiK: I lose no time in laying lu'Aue you the orijjinal of a note of yes- ti'nhiy. address<'d to this Departnu'ut by Mr. Hoberls, the minister Irom 71)0 riMlAIV «'K W ASHIMi TON I'AI'Kl.'S A( '. ( >.Ml'ANYI\(; Spain, i( l:itiv«' to alU'.m'(l ill(';4al itr()c»'«'«Iiii;ns iit New York \\'\{\\ H'IV-kikc to Ciilia. Voiir jinuniit attciifion to tin* inattcr is caiiM'sfly ir«|iu'st(il. I lia\«* uii»l«'i>too«l in»iii Mr. IN)Iu'its tliat lu- can tiiriii>li winicsscs oi tbe acts wliidi he (-(iinplaiiis. I will titaiik \nii to rrtiint his nntr. I l»av«' tin' lidiiur t«> 1»«'. sir. xoins. \c.. IIA.MII/ruN ! ISII IIoii. !•:. 1.*. IIcAi;, Atturu* tidi lit ml. Mr. Fish, S{\'.\. iSlh' : 1 lia\ »' the iioiior t(» acUiioxN UmI^c tin* ircript of ymir not«* of \rs ti'nlav's (lat»'. rt'lativc to allr^cd illejial procccdinj^s at Ni-w Voik witii refertMicr to riil>a. It wasat oiico siiluiiittcd lor ptMiisal to tin- Attitim y (UMM'ral ot' tilt' I'liitrd States, wlio. in a coiaiiimiicatioii wiiirh I iuivi- list rt'cciviMl iVoni liiin. states that yoii slionid cause to !»»• prepaieil ;tii aHidavi! of tiie jterson or peisons wlio kn«»\v the facts slated in [().")) your paper. *tn he laid hefore the district attoiiiey at New ^ Ork lorliiw ith. Without >ucii ail aHidaN it. tliat ollieer \M»uhl not li,i\e the !ueaii> ui procnrin,:^ the iiidnlnient and arrest ol' tlie persons implicated. The ^VttnrneyCienerai turther >tat«'s that he will teh-^^aph t*i llu marshal at New \ ork to keep a watch upon the phu-e referred ti-. I am. ^ir, with tin' hiuhe.st consideration, \oius, «vi:f.. IIAMIl.TnX riSll. SScnor 1 Km M. I-*/ !'.». Isti". FRAM'IS <". I!AI;I.(iV,. Cuilrd StKtr.s MiUsliitl, Xcir York City : Military expeilition. to sail witinu two days, reported as orjraiiizin;: at 71 Hi oad way, room .!«» at (I'KJ Urctailway, at lli lOast, Houston street. and in New Voik ("aMuo. sam<' streer. Look out for them. !•:. If. noAi;. ,1 Itnninrdi ii> • «(■ ¥Ki Mr. lU utinll, Secrttarij <>/ llif Tniisiiri/, to Mr. fisli. Scvrvtttnj oi stiit>. Tltr.ASlKV Dl'-PAHTAIKNT, -hinr 1\. l^*'*'- [ *;) I)i:ai; Sue: Our tlet<'ctives inform us that si vessel 'is fittiiiji out in J'ldladelphia with munitions of war, and taking on Imanl a considerable iiuimIht of men destim''(/ of the Treasurt/, to Mr. Mnof . ciillrctor. rTj'li'grarii.] V,'ASl[FN(iTON, -hdU L'J. 1S()1>. IlivNRV D. Mooin:, Es(|.. Callcctor 0/ Ci(.stntii,s, PhUiuhliihla., Pcnnsi/lranUi : I ha\e reason to btlieve that a vessel with armament and an unusually lar-ic lunnber of nieii is in .\our port, with the design to leave to-day oi- tomorrow in ai. ^lli: I liuve the honor to aeknowledt^e tluMcceipt of your tolo;nrani of this date relatiM' t(» suspicious vessels fittiu.u; out at this port in aid of tlu; insurjivnts of Cuba, and resiicetfully beji' leave to say that the i 7;'J IK'KMY <»r \V\>MIXi;T«»N l'\l'KI.'> U fO.MPAV VlNc; [t m t ( Ln > i^ iweuue stfjunrr Srwanl wjis ilii«itr«l xHiw tiiti.ilit\ laws. I am. \fi\ icspiMtf'iilU . \onr<. iV;r.. r.. iircKi:!.. Jhff.rfft C"l'n'f"l' «»' Cl'sfdjlls. Hon. (ir.oKiii: s. r>ni twki.i.. ^tncturii iff ;ln Tiettsiii i/. HJui 1, Mr. n>li. St I It tut If ft' S*'ifr, tit Mr. I'ivtf'ttftnf^ illfhirt uttmnnj. iM'r.VinAIKNT OF Statk. Woxhintitiin. .him i!!!, lsi;;i. Sii:: 1 Iiav«' lai«l lutou- tin- I*n>i»]«-nt vour K-ti«r of v«'st«-r«l.iy. n-u-v liiiLT to tlu" \ iolfin-f |i<-i°|>i'trati-«l on tin- «l**|»nty niarslial wlio liad tlic rnstody of Colonel IJyan. anil als<» on tin* niai>liars otlit-iT in «'liai;;i' of till' ti'naUiT City, llr tiin-fts na* to say that, unilfr ail circniii.Nt.iiirrs. tlu" ollii-«Ts ot' tin law an* o\|N'ft«'«l to laitliliilly. vi;iui(insl\. and legally, and tli.it thfV will Im* sii) •Inly, or in vindication oi tlo- niaji'sty «»f tli«* law. Ill' di'siri's snrh tnitlii;- ami nior«* ilctailfd *inf(nnnition ;i< \nii may !>'' aide to fiunish with ns|K-rt — To till' \ iolfiiit' iMi tin- tdli»«-r in rhar;r«' of llyaii : ■J. To till' vioU'iic*' on tin* othci-r in «-har;r»' oi tht'<^iiaki'i i'\i\ : '.'t. Till' attiMiipts to intiaiidaf*' or intlin-ni-f tin* ..irand .jiii\ : 4. Tlio s iidinLi of an\ thrtMtt-nin;; h-ltfK : to I'lialtlc liiiii to adopt sncii nii-a^nn-s as may Ik* juoiM-r: He reqin'sts that >oii will sii;r^e>t tin* conrx* t*( :u-tion tiiat ocriiis in yon. \\itii \onr mon- iiitiai.it)- kino\ h-d;:*- of tin* larts aiul a«-i|U;iiiii;iiM'c with tlo' attrndant (-iinnnstanrrs, as the most fXiM-dit-nt to \iiidii-;iU' the past (Mitrairi's, and to prevent the reeurn-me of similar viol.uiDiis «»f the laws. Von will !»«• pl»-as4*d. in this eonn«-i-tion. ttieoiisidcr tin* propriety or expedii-ncy of the otf«*r of a n-ward lor th«- arrest «ir llit' j»arlies .uiultN of the oiitra.ti«s npon tin- inarsharsoili»-«'r. or for rvidciicc that may lead to tin* arrest ami convirtioti «»f siu-h ;:nilty j>arties. ^'<'rv n-spei-tfiillv. vonr>.. HAMn;n>N nsii. Hon. l'.i)\vMri»s !*ii:iM;r.i'o\T. f'ltiti'l stuffs Atfnnnif \tir Yrkn. t Mr. Fish. Strrtiaiff •>/ Sf/ift-. tit Mr. I'h rrtj/mtt. tli*trirl ttttonitii. rTt.l«-;jr3iii.l i»KI*A!:TMKM «»I STATE. lion, Edwards; l'ir,in:Ki't»XT- D'tAtrirt AWtmt^. .V<^r Yi.r\- : fiOj The marshal and hi- otH -iaii;>. 7!'.'» Mr. Hiirhnr, i'tiitrfl Stafix iihifslnl. tn Mr. li<»iir, .\tf>,nr)i ftriurnl. I I'. l<';ilMlll.l Ni;w Y<»i;iv, .//(//f _'s, is«i;». ArT<»i:XK\ (Ir.NKKAI.. Wttshiiif/tini : Oil SiitMuljiv iii;:lit :iii <'.\|M'<]iliuii iii«Ml to ;;y. iliuii;;li w »' wtif cari'liilly Wiitcliiiij;" tlif liinl»in-. Iliaxi'iio i(l«'ii an.vtliiii;^ ;;ot to sea. 1 . seized tin* r'atiia- liiif NN'liitinu. l>tcan>c I tliink it |tiolial»l«' that slic was to take otl" these men. I do not think 1 liave ;:ot enough in'oof tor the courts to hold hei'. lint I think that to let her •jo nntil I am satisiied that she is not ;:iiiii;: to take otf these men. will l»e delilieiately to let an expeditjon slip. I nia\ jiet nntie ]iarti<-nlajs this niornin.u' \vhieh will satisfy ine that i ;iin \\ion;r. Oiheiwise I shall detain Iiei wit hont process until iiistriieti-d l»y you to let In-r m». I a,uain eaiin'stly .isk the nsi- ot" some of the nav\ \ard tni;s. rU'ANris C. r.AK'LOW. I'llifnl Sliltix Miir'riii t/fi' in nil . [Ti-lo'iram.] Ni:\\ \ nlih, Jiliir 'JS^ 1 sti!>, A rTOi:Ni:v-t;i:.\Ki;.\l.. W'ishinrjfint : I have arrested (ieneial (loieiiiia. said to lie the lea(l«T of the e\p»' •lition on hoaul the \\ liitin;r. nmler an assumed nanu-. and the \ essel lias heen lilH-led. IKWNCIS C 15AKLOW. I'liitril Sintis Miii.sliiil. M t II.TON FISH. Mr. H'lrliHi-, f'liifril .Stiitis iiinrshnl. In Mr. Hour. Attmin ii-,t tiH-iiin I/. Mr. I'irn-cptni*. 'Ihtri'-t affurin ii. t:i Mr. F\ih. 'hiiie '2[), ISIJU. Hon. II.VMII.TON KiSll. .VoW/MV o/' Stuff ill I hv the reventie *euttei-^. which we have dispatched. Colonel nyan.witli his expedition of suine ferrlimidiTd nuii.w 1m' capture ■JI4 IhlVI^ <»r WVMIIM.IoN I'AIT.h's AC « « »MI'A\ V IM; t-: Ur i' ! 'i'li Tlu'> will r«-;i«'li line this ni^Iit. \\|i;it sliall \v«* do with all tiMM IIU'll f rhsisc itail rill' ciuiitii srrtioii (ir the iu'Utr:ilit\ jn't. ."xl StatutcM. |i:i-, U!». \>m will SIM' that tin* l'i«'>i(h'iit lias tiill |to\\«i-, ami so liaNrsiirJi other persons as Ii«> s|i;i|| have i'iii|Mtwcirtl tor that ixii'itosc, to ciiiitlnv siH'Ii part of the land or naval lours of the I'nited States, oi (»| ili,- militia thereof, for the pnipose of takin;; possession of any sneli ^Iii|i, or vessel. iVe. IMease eoinmilliieate t his forlhwilii to the I'lesidi-iit. .ii-ii sav that the loret-s ar«' so laip* that unless the I'lesidt-nt u ill iis.' lij» powers. t)r tieleixale the same as provided in this ant. I'uiliil Sttitis Attoiin II. 1-1 -i -' 1 . M Mr. I'tsh. Sun fiiri/ ot' Sttitr, to tin Prrslihnf. I U:i' AUTMKNT (*V STATK. Wiisliii'fftoti. J line L'H, Isti'.i. The Secretary of State has th«' honor to h»y hefore the Tresiileiit tin inclosed tehi;rani of this date, jiist received from IMr. Pit irepunt. :i>k inj;' iiistinetions as to steps to he taken in re,;:ard t»» Colonel K'vaii ainl his cx{u'ditionaiy party «»f four hundr«d me:i at New York.' j73i •.!//■. Fiyh. ilccntai'if <>/ Stuff, tn Mr. I'in'njunit. il'istr'nt a'tunrnj. (T.l.yrain.] Dr.l'AlJTMKM <>1- SlAli:. W'asUinijtnn, Jniu' !".», 1>^<".'.». l»o> l»V law. By order of tl e President HAMILTON FISH. Strntary <>/ Stad: '4 For iufliwnrfjwf prectrtiiiK leltt-r. VIIVNN IN(; •lo with ill! flu-si- , .mI Stiltlltrs, |i;|u,, , i\iu\ so have siii'li tMi|nts(», t(» cmitltiv I States, (ti' III tlif of any siuh ^h\\<. Ill*' iMfslilfilt. aiirl •sidriit will iiv hi* , \\c imisl i;i\i' ii|t M'.roNT. tStiitis . \Uoiin u. ruiMi:i{ (ASK OF Tui: I \m:i» maiks. TK'; Mi: I'iinrfunit, fltMfiirt (tttoitiry^ tit Mr. Fix/i. Srrntarif o/ Sfnft. (ivi«'aiiiiii.i 11(111. llAMILloN I-ISJI, ^<(•#<^»;•.7 <;/■ Shih : V<»nr onU-r lias Ik-i'II itM-civrtl. Tlw lucii aic now at tin- navy \aiil inuh'i* anvst. |7I| Yonr onliT ram*' in ;r<»os iMi:iM:r.iM).\T. ( nitiil StiiUs Aftnnii II. tli nf. St A in. )K 'hnic :.".•, iMili. ' tin' I'rrsiilt'iit till- r. rieri«'|iont. ask- CoIotM'l \l\:\\\ aiiil ,- Voik. if, ilistriit iittiiimy. Mr. I'it rrrfKnit, ili-trirt ultormy, to Mr. Fi-sli. >Vrrf /ti /•///»/' .S7f/'». Ni.w V'>UK. ■fino .".i». ixi'.t. 11*1!!. IIamh.ion Fish. Sn-n turn <>/ Sl,it, : l'n«K-r your oi«I«ms. as tin* l'n'>i:i»on»'rs, a'lont one lannh««l ami sixty in imiiilttT, liave ln'cn tmiK'»l oxrv to ilic admiral in iiiuimaml of tlic navy\ai»l. A third tiiir is on its way witii otluT pris- oiMTs ami will takf tin- sann* course. 1 ha\< just ictiirmMl iioui an in- terview with the admiral at the navy-yard. Colonel IJyan is lulicveil to he eoiieeah'd in one of the tn;:s. Search is heiii;.' made. Tlie ad- miral will \viit«* for tnll Mideis (Vom the President. V»»nrs. ri'.Npcctlni'v. KDWAKDS riKHIMCroNT, I niuil Staff s AttoriKii. '^ SlAlK, //. Jidtr '2\K istll*. Atidriii'tf, iiur, \iir V(-rk : I the men eii^M;,a'il yar«l at Jlrookl.Mi. )tlicer in coaiiiiitiid irtue of the power )f the naval torccs • pniposc of t;ikiiiu ltnr|»oses inteiitlfii ON llSli. an tiny <»/ Stiitr. IT.'i 'Mr. Fiilii, .Ixxistii.nt Attoriuyfii m rol. to Mr. Fisli. Sun tory of Stair. ATT< IKNKV ( i EN 1:K A I.'S (.)l I'lCE, W'ofiltiiKjtini, Jniii .'50, IStiO. Sill : I have the honor to transmit, lierew ith, copies of telejxrams re- '"■ivi'd last iii.i:ht ami this moininu: IVom the I'nited States marshal for tlie sonthein district vi New York. These te!e;;rams have Ih'imi communicated to the Secretary of the Tr«a>nrv, ami the Secietaiy ot the Na\y has lueii rc(iuestcd to keep tile Whitinj; safelv at the navv .\.ird in I'.rookiyn. N'erv respectfullv, \V. A. FIKLD, A(tiiin.Aiiorney-(i{ iicrjl. Hon. Hamilton Fisu, Seircttiry o/ Sfatv. m til H i 1 1 i ! ) 1 ;• I 7'.M> "!i:i..\rv (IF \VAs|11\(;T0N I'AI'I.l.'S \( ! <.M!'\N^ I\(; f [iiflosnn' No. 1.] Mr. /itirloir. f'nihd Slotis niar.shfd. to Mr. Ilimr. .\lli-nii>i(ii m i il. L TtU-jirain.] Nr.W \n\i\s ('t\\,,/uiit L'!t. ISd'l. In ,ln' Air(»i:M:\ (If.m'.i: \i. : TIiicc tujis, two scliooiicrs, ;iii(l ;i slo«)]> Icit ;;. in. 'Mn'y li;i«l Iktm notilird (»!' the sci/nro of tin* \\'liiliii;r, Jt is inii>ossii»l(' that thcv should attmipt to j^o to Cnha in llicji ! 70J prcsi'iit vi'sst'ls: *|H'ol»al»Iy tin'y will iiin tlown (InM-oast to some l»ort to wait for anotlicr stcanior. I think tho cnttcrs at I'liiln (Iflpliia. ami at all ])oints on the coast, shouM lu» oidcfiMl to put ont miil lo'»U forthcni. Also the Nt-vvport and New lli'dlbrd autlioiilics should In' iiotiticd. They will try to }it't a st« anu-r at sonic otli.'i' i»ort. I should like to he iiilornicd of v.hiii ordc'rs niav be uivcn. i'lfANCIS ('. r.AIM.OU. ( IncInMIM' Ni>. 'i.\ Mr. liiirhnr, I'liitiil Shifts itidfslldl. tii Mi. Ilndr, A ll'irnrj/ < ,'< m nil. [ ri'lc^i.im.] Nf.w V(>i;k ('\i\ . ■Iinii •_".•. iscit. Jo the A r'(nKM;\ (il'.M-.lJAI,: The rcNc'iinc ('litter Cainphell has ,i;i>ne to (lardnei's I'nint. loi ilir expedition. Some of the men on t he W'hitinii' say she was t(» t.iKc ell the cxiicdition at the Delaware breakwater, if «'onvenicnt. 1 sn,L;uvsl that the nearest cutt»'r to the breakvvaler be ordered to lo.dx allt r ;iiid detain the cxjM'dilion. I'he II. Me<'o(»l isoiieof their tnys. I am pit f»M-tly satisfied that the \\liilin;: was their vi'sscl. She is at t he iiavv \ard. Will \(»n ask the Na\ \ I )epaitmenf to keep her there ri>r me .' lltANCIS C. l!Ab'l-n\V, [77] 'I till lu>iiir No. ;>.J Mi: liirhnr, I nihil Sfiitrs HKirxhiiL t» Mr. llntn^ .Ih'onii ji-^nm rul. f'r.-lt';,n.iiii. I To the ATT(M.•^•l:^ (Ji nhkai.: Niav Voijk Cn s. -hntr rM l>ii'.» Wc have captured tl •• AleCooi. John Chase, and Mabey. tlree of tlif expedition tii^s. with men. arms, and ammunition on board. The cxp*' dition is wholly broken up. I'b'ANJ'l.s ('. r.AK'l-ONV. f'liHi'l Shitrs M(u:shitL >M!'.\N^ INd 1 Hi'iiicjldi ih III. IN . 'hiiii 'J!t. isiii). IS r. r.AiM.ow. (OlM I'.ii (■A>): OF llli; IMTKK SIAII'.S. 7I>< ,)//•. lioiitirill, Scci-rtiii 1/ of Ih' Trctdinri/, In Mr. Ihnn. AtUtiiK tj-Unurtd. TiiEAsnn 1 )j;ivvi;tmknt, Wii.sliiiiijloii. 'htiw ."»(>, 18(»J>. Sii;: I have tlic lioiior to transmit licrcwitli copies <»(' ft 'leura ins sent hy tliis department on the L'!)tii, and this date, to tlie ibUowiny-nameil iiilicois re^aidiiiji;' the eiilon-ement of th(^ nentiality htws : On tlie -!>th, the eoUeetoi' of customs, at New London ; I'nited States marshal, New York City; and this daJe to colh'ctor of cns- toiiis, New liedtbrd, ^lassachnsetts: colh'ctor of cnstoms, Newport, Ulioiie Ishnid; colh'ctor of cnstoms, riiihidelphia : colIe<'tor of cnstoms. New York; collector of cnstoms, \\ilniin^ton, Delaware: collector of custtnns, ]>altimore. [7S| Since the r«'ceiptof y(Mir h tter ol this date *transmittin*i' copy of tele^iram from Tnited States marshal at Neu York, annonnc;- iii^' the capture of three of the exjiedition's tuus, and the l»reakin.u' up at the expedition, dispatches liav(> been sent r»'Vokiny- i>r(vitiiis tele- Ljranis with the exception of those to the coliecto;- oi' (•n>t«ans ;it New koiidon, Newport, and New 15e. limit 11(11, Sii'iilarii <>/ Tir<(snrt/, to Mr. llnrloir, L'liitrl Stiitrs ninrsh tl. Ti:i;Asri;y Dki'aimmi'.nt. Wiisliliiijtoii, 'I iiiH '.'t^K 1S(>I). Kk,.\x\(;s C l>AKl,(t\y, ('nit</ Ciistoius. Xrir Ilnl/onl MiissO( See that no yessel at your port is employed iu violating iM'UtraIit> :| « S. r.EO. S. r.OI TWFLL, Sevntury of the Trcnsiirjj. '■ m ^r^ \V m m ^i\i 7118 (KKATY (»K \V.\sniN(;T()N I'APKK'S A(COMI'.\\VI\r: [Iiirlosmt' Ni). :?. ] Mr. lindiri'Il. S-'c/rtiiry (>'' fli' T/'r isiiy;f, /> Mr. TIrtiins, rillrrtur. /loilN L. 'I'll' (MAS, .Ir,. CtUvi'tnr of Ciistoins, liftftimorc: Dt'parliiH'iit iiitonn«Ml tlnit t>xp«Mlitioii in violiitiou of ii(Mitj;ilit\ l;i\\s is ('X|KM't(Ml to (MiilMik fnnii till' I'iijM's ol Vir;iiiii;i; st'inl Nortlit'iiR'nlown to rniisr in tli:it vicinity, watrliinij iind Mr. Murtihnll. vMlr.lor. r-o] 'f 'l'fuiic .)((, ISd!!, i\v.o. T. >rAi:'s[l VT.L, CoUrdtr of CkkIoius, Xeir Ij)irh>n^ Conncrtiriit : Direct i'oniniantlinj; oHicr'r of revenn<' cntter Caniphell to ohi-y iiiiy orders he niav receive tV()ni Marslial iJarlow. (IHO. S. T.orTWKKL, IStrrctori/ of (lir Trnisiirii. Ks I 'J i [Iiulo.sinc \(». .">.] Mr. IliHitirtU. Sirrttdri/ of tin' Tnasiiri/, to Mr. .\ol(ii, coUvrtor. [Ttlt 1 Dehiware Hay. Send .Miami down to cruise ontsi«h* of l»ieal< water to watch and detain snspicioiis vessels. ICxpedilioM cinisjstsof tlirei* I lys. one named II. McCooI, t\vt» schoomis, and one shM»i». (iKO. S. noiTWKM., kSevrrtnry of tin Trfusxrif. MPANYIXO 'omix, r >Ut('h>r. of iK'iihality I;i\\s t)l, two s,'li,)(ni('rs, y of t/ir TriKsun/. [81] (•OINTKK' CASK OK TIIK INK *( Iliclosilic No. (i. ] IKK ST \-|i.; 799 Mr. Iloiifinll, iSrciiltin/ u/' thr 1 [T.-I. 'irasiiri/, to Mr. (/rliairH, collrrtor. rr.iiii.] Tl^KAs^|^^ I));i'.\taik,\t, .MOSKS II, (ilMNMMM.. Coilcrfor of ( WdshiiKiUti}, Jioic'.UK ISCil. iisfoDi.s, Xcir York Motion one of leveime tn-s in ,,li,ee of MeCiilloeli, and out !; amler teiniXM-ai.v orders of .Alarslial IJarluw. if in. wisl itter les. S(<-rrt(in/ of tliv Tycnxio '!/■ wahnll, atUcrlor. ^.I'AUTMKNr, I, June :u\, i>;(iii. , Coiuicrticiit : pbell to ol»ey iiiiy )Ittwi:m., ' <>/ the Timsur}!. [Iht losini' N( Mr. noutiirll, ^Scnrlari/ of fhr 7 rcKsiir;/. to Mr. M.ior. >ll(r(> ITrl.-TM.li.] TUKASllJ V 1 )K1'AU1 AIE.NT, IlKNUV 1). MOOKK, Collrcforo/' Customs, J'liihtfhhtit W(is/iiii, isco. I nil 'I Department informed tliat expedition in violation (»f nentralit\ li I'xpeeted to emhark at month of l)e]a\vai(> 1 nvs IS Send Seward down to wateli and det; ;av iin snspieioiis vessels. Iv\p(Mli tion consists of three tii^s, one nann-d Jl. .MeCool, two scl one sloop loonei s. and <;eo. s. noiTw i:ll tSfrretori/ of tlu- Tniisurji. ohn, colhrfor. ["2] ■"[rucloHiiit' No. >. I Mr. lioiitivi'll, IStrri'tan/ of the Tniuuiji, to J//-. lUoloir. r,ilttil niitr.slitd. iit((feH ['l<'l.-,;riiiii.J ll'AIMMKNT. »/, J II II r ;>(>, ISO! I. 'diraiT : ►r nentralitN laws Send .Miami down snspi<-ions xessi'ls. •ol, two sehoont i>', TWKM,, <>/■ tin Ttmsiii-ii. I'UtNClS i\ \\\\\ TlJllASlKV DkI'AK'IAIK.XT, ]Viliin(jtoUj 'liinv M\, ISO!), LOW Ciiitril iStdtcn Marsliiil, AV/r Ynrl- Citi/ : Steamers Seward and Miand have been ordere(i to tlu- breakwater; erner to the eapes of \'ir,uinia. ('(uleetors at Newport ami New luMltbrd instriieted as to omplo.vment of vessels in violating;- m'utrality l>«s. Steamer iMc(7ulli)ch at New York plaeed temporarilv nmler vonr oniei's. Norti (;i:(). s. uorTWKLi., Si mt mi/ of III) Tnvsur//. B*J--i.'^ ■'{■if,*' ' 8U0 IK'l. \IV ol U ASIIINCION I'.M'Klfs ACCOMI'AN Vl\(; [ Incldsiiic \(i. ;•. ] .1/r. liDitfinli, Si: n titii/ i>/ tin- TrniNurif^ to Mr. Martt/, lolhufiu . ['I'f'iciirani. ] TuHAsniv 1)kpaimmi:nt. ]Va.sluii(jtIatiii,i>' ii<'nti;ilii\ laws. (iKO. S. IJOUTWKM., Si'crtturii o/ the 'iratsitrii. m m ■ •^1 Mr, Uttrloir. I'uitnl S(al>s nitirsliol, /c Mr. Hour. Attorm y-(i(inrii'i. [ I'dtjiraiii.] [S;{| *Ni;\v VoUK, .hilji I. lS(i!i. 'I'lIC ATr(iKM:V-(iKNKi;AI.. WdsliiiK/foil • 1'lie Malioiiin;; lias s(i/.<'»l. ;if M iHorM('i'.> iain . and W'iiitdia. lulonnin^- to the rN]K'it((t(.s Miiislm'. Mr. liil'l^ As.siMl(in/ AUoriinidriirrtil, to I'nltril ISt(it«.s inar.'ilKil, \i ic lliir( II, Conmrticnt. [■l".l.';;r:iiii.J W \SIHN(iT(tN. ■IkJji 1. 1><. }fr. Firhl, Assistant Attyrinifdrnrral, to Mr. n7//F THK HMTKI) .STATKH. 801 rNv'J/, <(}llnf(ir. ammunition, nnd tmcii, now ;it Milfonl. ;ill«>,i,M'(l to Inivc violated the iic'iUnility laws. W. A. FIELD. i'AUTMl'AT. i(>latin<4' iuMiiialii\ lUTWKLL, o/' flic Tmoiiini. tlonu i/>ini< III!, JK, '/nil/ 1, lS(i!l. ic scliooncr.^ l',\\U\ inona iias \{<. anus (1 most of its (Mi'^ii lUt of ni\ jiirisdic rshal to i;(t to Mil r.AULOW, / staffs Miir.shdK tiifrs iiKirsluil. \i ir )N. .lull/ 1. l^ill'. i/r. Flihl, .l.v^•^>■^(/(/ Affonii'i/di'iu'riil f<> Mr. ll'irhtir, Unifcil States wnrslinl. I TrlcmMIIl. 1 F. C. r.ARLONV \Va.S1I I N(i TON, .//rnr>/-os(; of the (lovernment to libel *the vessel aud carjifo as forfeited .' If so, instruct mo to do so, HIIJaM WILLEV, I'nited iStates Attorney. il, alh'.uc*] lo ii;i\>' iiiid take care ct W. A. FIE LP. ilr. Carll. I'nited Sfati.s mnrsliiil, fo Mr. Firld. Assistant AttorneyGeneral. . dlslriit atliniiiih >S,Jul!/ I. lS(l!t. [Tcli",!:riiin. 1 Nkw Havhn, ('<»NNi'Xrn<'tT, July l', IhOD. H'Mi. W . A. FiKi.i), Assistant United States Atfarnnj-Ceneral : Tlio schooners Fancy and Winona both at tin' dock in New Haven, witli a poition of carj;'o; balance of car-join Milford: all in my custody, awaitinj; furtlier orders, r. K. CAKLL, United Statics Marshal. 51 A wrww^ m f r' ill t ■i I; ; k ':m 'I'l iili 'I if Ill il i i- f''l^' * 802 TKKATY OF \VAS||| \(; l'c»N I'.U'KI.'S ACCOMI'AX VIN'd [8(ij *Mr. Ill 1(1, Assi.staiit A ttornn/ (itiii ral, to Mr. W'ilhif. dintru. (tttarnt i>. [Tfloj^ram.] WasI1IN(JT()N, Jtlll/'J, ISlill HiKAM AVlLM.V, i'nik'd iStatis Attorney, Xcir Londitn, Connect icuf : Liltcl vossi'ls and carjio, it' you tliiiik tlioy an' forfoitaltlc ; otlicruiM (lotaiii tlioin, and icport fa<-ts to tliis oMicc. \V. A. FIKLI), Axsistiiut Attoruei/-(icnciii!. Air. liarloic, United Staiis uuirshaU to Mr. Iloor, Attornti/Gvmriil. [Trl..j,ri:iii!,] Xkw Vokk, .full/ L', isd'i. Attokm:y-Cem:i:al, Waxhinr/ton : TIm'Io are not to exceed one InuulnMl and scxonty-tive ni('!i, Tlic li.il anee ei^eajx-d aslion' bctore eaiitnie. Who shall teed them .' They wil! .starve unless someone (hies. \\ Ikj must take ehai/ie of tlu-m. 1 ortlif admiral * Please answer. Tnless these men an- dischai-ucd at once. 1 learn that n halnitu eorjnis will lie sued out lor them. \N'hat letnnicu' l»e niatrict attoiiiey tliitiks they are forfeitable; otheiw ise to l>e detained, and the atl»triic,\ i> to report facts, with his ojiininn, immec iately to this ollice. (Jive cop\ of this to district attorney as his auth'»ritv. W. A. FIKLD, Aei'uKj Alloriidj iiinc.id. JTON, 'full/ 'J, ]S(i!l. COl'NTKK' CAsi; OF THK rMTKD STATKS. SO.'j Mr. lUirliHC, I'm, d i'^ttttrs iiiKtslutl, to Mr. Una,, Att'>,-,iri/(;rii< ral. l.Tcl.'piiiii.] JIiiooKi.vN, Nkw York. JiiIi/ 1', is<;!i, ATToUNE^ (IKNKUAL, \V<(.sliiii(lt(>n : I li!iv<^ tiik'Mi full cliarj;-!^ o ' (lie iiicii, ;i<-c(M«liii;;- to vour onlor of this ni<>rninni\. fht!}/ 'J, ISd'i, '. IJAKLOW, jSSj *.!//, lUuUur. I'liilcd States imtrshul, ti> Mr. Jli.nr. Atto; nri/ i,'iu cral. I'MTKi) States ^vrAitsiiAi/s ()iri< k. SOUTHEUN DlSTlii'T of NkV.' VmRK, Svir York, Julif l\ ]8(»t». Siu : Tlic loul'usiou ycstcnhiy and this inornin^, as to who should t;iko charjicorand fct'd the i)iisoiKMs, arose from tlu* l'a<-t tliat tut* orders ot the Xavy Departnu-nt of July 1, sayinu that t'le eajitured nu-n were to be taken ehar^'e of and fed by me. were not e<»mmunieated to me. No ibiplieate was sent to me by the Navy J)epaicn.enf. nor copy by the admiral ; consefpiently, the last order I knew of wns tluit jtiven on June I'll, throu<»h tlu' district ati'oriu'y, that tlw men and vessel ; be put into the control and char,i;e of the admiral. Therefore I supposeil that he, ami not 1, was to keep and fceyc(l. K'es[)cctfullv. KKAXCIS C. 1;A1JL(J\V, L'nittd statis MarsJicJ. Att(Mjnev-(ii;nku.vi . Wcisiiiwiton. A iilftd States inai-sli"! ilr. />ur/.s, Actiii. Sli; : I am directed by the I'.csidcnt to ackic-nvledjie the n-ceipt of your telegram of tlu' 1st instant, relative to tlu' disposition to be made )t (J. II. Nturis, William Scisdorf, .1. F. (lanccy, llalph Harmon, and i". W . C (Mtant. The Presidj'ut does iu)t deem it advisable imm«'diafely to r« lease the luisoiiers, without substantial bail. Itur he would lik«' your opinion upon the propriety ol" releasing them on their own recoj;"ui/.ance as s«»ou a.s matters have quieted a littli'. I atn, sir, ^v.. J. C. v.. DAMS, Edwards Pieruiu'ont, Ks(i. Actimj Strrcttiry. United States Attorney^ Xeic York. cX04 TKF.ArV or \V.\tt livx mnishn}^ tlistrirt otlDint i/s. V.AMIlNGTnN, ./j<,';/ .•,. ISC'.I. Siu : T liii\«' liTcivrd >(»iir Iclc^iinin oi' .vrstcuhiy. n-latiii::: t<» liic scliDinicis I"';iiiiiy ;ui(l Winona, tlu'ir riirjioos, ami xhv uwu tnuuil on bonnl. 1 liav«' snit a tcloj^rain to tlir distiict attorney of ('mi [IMi] nrrlicnt. instnu'tinii" liijii in i('S|M'«'t to tin' vschoon'ns an«l tliijr tin- men, y«)U iniist ri-port tin' lact> toliim. If tlM'y liiivt' roniiniltrd any t(il and luld to answer in any district where they may Ite tonml. It is inijioi tant that yon asceitain whether any of these men were h-adeis in tiic movement, (>r have heretofore been arr«'st«'d on a eharjje of violatin,' the neutrality laws, if they are merely the erews of the steanu-rs. tiiey need not l)e arroted on eiiminal process, hut the district attorney should he consulted in re;^ard to le^^ally detaining;' them in sucii a manner .is may he necessary to secure their attendance as witnesses in the trial of any proceedings that may he instituted a.i;ainst the schooners (»r thcii' <*ar;;oes. If tiiey ai»* men enlisted in the expedition, hut who took no active part in >ettin.Li it on foot (tr oriiani/in;;' it, they should he arn-sted on eiiminal process, l»iit may, unless the district attorney «»f New York thinks otln-rwise, he released from arrest, on their own recognizance, to appear and answer to any indictment that may he found a;4ainst tliem, and on their own re((»;:ni/,ances for lutnre };"ood heha\ ior. So many as were leaders in the expedition are to he arrested on criminal pro- [lU j eess, ami either ctunmitted ov h«'ld to hail with sureties to * answer to any indictment that may he fonml a;;ainst them, ami n«»t here- alter to \iolate the neutrality laws. The «listrict attorney of (Connecticut should communicate with tlif distri«-t attoi iM'y of New Vork, that they may act in cotjcert : ami von are reipiested to ascertain the ';ames of the ])ersons, their r«-sidences. occup.at ions, and connt-ction with tlii' ex[»edilion, ami send a siatenient of these facts to hoth these district attorneys. \'«'rv icspectrnll\ , w. A. 1 n:M). A ctinij A ttonifif- Hvntra I. Petkk IJ.Cai.m.f.. i:.><|., i'nitvil ,Stafcs iiKirnluil, .Vevr ilan n, Connecticut, [Copies of ahove were sent, sanu^ date, to district attorney for Ton necticut and »!istrict attorne.\ for southern district of New Yi»rk.j 1 It m Mr. lUirlmr, I'niti'l States marnhnl, to Mr. Hoar. Attornry Generol. [Trlcyrain.] (^)t'AJJ ANTING STATKt.N, Nt:\V Vt.i:K. July X isi;i>. The ATr(>iiM:v-(ii:NKiiAL : All prisoners will be rcleasul, on their own recojLjnizance. thi.s atter- iiot)n, except Alfaro and Hasjjora. None others of enough importamo To he held on bail. FKANCTS ('. r.AKLOW. United i>tati;f Marshal. irANviNt; '// >t itt'M UintshnJ^ N, .Jtuji .'.. iM'.'.t. i. H'latiii;; to ihc lit' intii toiniil (Ml att«»riu'> of (oil Doii'tTs and ilitir t till' t;u-t.N tit liiiii. i-i'ii roiiiiiiitit il ill e tiiiMl ill tilt' (lis- Iti' anf>t«»l :iiiil tiitl. It is iiiipui dv Ifatltis ill I lie arj;t' «>t' violatinj: lit' stt-aiiifis. tlii'v •t atlMiih'y sliiHilii sut-h a iiianiiiM' as vst's in the trial of schtMiiit'is t»r tlii-ir hut wlm titolv no lioiiM Im' aiK'stcii iifv t»t' >'f\v Yoik 1 it'fo::Mizaiict', tn iihl a^^aiiist tliiMii, , ior. S«> many as il (III t'liiiiina! [no- iiit'tifs tt> •answer em, antl ii»»t Ik'M' iiinicate \vitli tli<' i-oiiet'it ; anil vou tlifir ifsiilfnco, st'iitl a siateiiiciit tfiirnttf (ienertii izanet'. this atter- louj^li imi)ortani'« r.AHLOW. i. SiiJ : I am inslnii'ted by tlic i'residcnt to s;!y to you that yoar course in lu'osecutinj;' with eiieruy and vi;;(>r the viciations of the neutrality laws of the United States meets his full a|»pr<»bat Ion. NVhatever may be the sympathies felt by the Croveinment or people of tlic I'liited States with the iiihal»itauts of other c»uiiitries seeking; to \ indicate their liberty, or acpiire natif the I'liited Stales, liv their a;i•ent^ s or sympathi/.crs. cannot be tolerated. It is the duty of every ex- (M'litive ollicer faithfully an 1 iV'arlessly to administer the law : ami the. 1 iiited States w ill never permit, or t'onnive at. the littin;if out of military expeditions, within our teiiitt)rv. ajrainst I'liy country with whom wt> are at peace. The nati«»n will conduct aiiu" control its own wars, ami will not allow ]>rivate citi/ens, or forci;;'ners who enjoy our hospitality and lu'otectitui, to maUe. with impunity, this c(*untry the base t)f hostile opcialicms. The President also directs ino to tt>>ay to you that he tlesires that yt»u \m11 use every means in your power to arrest and i>iinish the lawless men who have assaulted ami obstructed the dcjuitics ol' the marshal in the tlischai\ue ot theu' ollicial duties. Jt has been represeiitetl to me that threateninj; letters have been atl- (Ircssed to the members of the ;iiand Jury in atlemlance upon the tlis- tiict court, lor the purpose of deteriiiii; them from tiudinji- indictments. It would be dis^iiacefiil to the (lo.-ernment if such au tmtra^^e should be successful iu its object, t)r the perpetrattirs tif it escape with im|uuiity. Vou will, therelore, use every exertion to detect ami punish them, antl the whole powfrof the C'lovernmeiit will be used to sui>port y«ui iu I'Ui your ellorts to insiue a steatlv administration *of law, and a tirm administration t)t justice, Jlespeet fully, ytmrs. Hon. KinvAiiDs rii:iiiJi:i'oNT, iJ. K. II (JAR, Attonuy-iicneral. I'nitdl iStatis Attormi.-.ytic Yorlc Citij. r. I 806 TRr.ATV OF WASHINGTON rAPKRS AOCOMPANYINC 5f I, . % •i t» Mr. }f. fit' Horn, SiHinisk muxHi, to Mr. Thoma.'>. i^lkviitr. CisTOM-IInT si:. l*.Ai/mi(»Ki:. Volhrinr'n ih}iir,JiiiifS, ISCK. Sir: III (onsn|iUMHV of tlio jnst inoasiirfs lately taken by tin' New York antlioiiiies in onlrr t<> |»n'V«'nt the ilfpartnre of »'X|M'rt as a l»as<' «>; ih«* niMiMtmns which thoy faih'il to ajToniplish in New York, thanks to tin* activity <»f' the anthoiitics. It is my duty, as the on»^ intrn>tril at this |»ort with the inoiedioti ui' Spanish interests, to niake the alwive knouii to your honor, praviii;,' that yon may be plcasctl to ailopt siuh steps as will prevent the (Icpirt- lire of war materials >n>pi>cteil of a tiMa:i«iii for the insurgents in Cuba. I «lonl>t iHtt but thar. with your well known zeal. y«iu will ;.'rant (hio cojisideration to my reipie^f : by dniiij; n hieh. Spain will receive a s|MMi;il favos-. and the laws ot" neutrality will be fully eanied i>nt. I avail the opi»ortnnitv to subserilM* uivs4'lf. »\:e,. KANrisro M. i>i: HAlfX. ,y.">J ' Suntisli ('inis)il. lb MI. .KuiN I.. Th«»mas. Jr.. ColUcfift of thf I'nrt of JUiItitufirr. ^fr. lioirtiitin, .s/xr/'i/ ih'puh/ enlhvtor. to Mr. Har,t. .N;wi»»x/r mtisul. w ^"^i CrsTOM IIorsK. Bam iMdKi:. (oUftor'ts Oj^ce, -hibi 10. ISC'.). Silt : I have the honor to aekno\vIi-il;ie your (oniniunication of the Sili instant, callin;; my attention to the fact «»f Cuban a;renls opeianiii; in this port in behalf of the insur^rents in <.'ul»a. an«l expressing the liepc that I may adopt such steps as will prevent the departun* of warliko materials, vS:c. In answer. I have the hon»>r to state that your information lias htdi anticipatcil l»y the authorities at Wa>hin^to:i. wh«» have is>ued iiistnic tions to me on the subject. In accordance with these instructions. I imniediatdy or;;ani/i d a //<■< for. FuANCisci* M. DK Hakn. Sjtanith ('ott^ul. rWYlNC vi.inioRi:. If, .hiitj s, isdii. uk«Ml l»v the New ••xpiMlitimis with j.-it ("ul»;m ;iL:»>nt.s •J ill*' <>)M'r.n Kills to llu' uctivit.v of tlif jnotociidi) (if iir Imiior. jn;i\ in;,' ii'vi-iit tin* «!»'|»;ni- iIm' iiiMn;;i!its in nil will ^niiit (liio I ivrt'iv*' w s|M'(i,iI HIT. . :>i: HAK'N. COUXTEU CASE OF THE INITED STATES. 807 i ALII MOKE, r, 'hf!i/ 10. ISO;). iiioatioii <»»■ tiM'Stli rtMits nii:Uii>n lias brrli vt' is.NiU'tl iiistnic- y or;;aiii/.til a (!'■ iintiMiipIatt' an »'X- K* altlc to liiitl out (»f niv jsiiici'ii' U( s, a:;tl lo lliis viu\ II your po.s.st'.ssioii i to ill \nnr colli- UOW.MAX, } pufy i'ollfitor. jOO] '.1/r. IIiKtr. Altoniry-fJourdl. to Mr. liurUnr^ Vivtal Shifts vnosital NVasiii\(;t<)>-, Jithj IJ. isr.!). .Sii:: Your iwo 1,'Hfi.s on tiic iUii instant wciv irct-iviMl on the lotli. In iTspi'tt to tiu' jn'isoiis .said to liir a.sst'niiiKMl at (laitlncr's l>lainl, if .(Ml have iiM.soii to ix'Iirvi' tint tin y are a hostile exptMlition or;;aniz(Ml ior military siMviee in Cnlia. invaitiiii; nis-ans of transportation to that islainl, the I'rr>i«lent dr>in's tliat von will taico ctlicit'iit means to lireak np the e\pt'«lirion. If ("oloiiel l{\an, who is said to be their comiiiander, is indieted or ronipiained oi for iesi>,ance to I'liited States onictrs in dischar^re oi ilieir da:\. or l\n as>a!ihs upon iliem. and .Nou ha\«' u war- rant for his aru'st. you will use every means to arrest and secure him, and to arrest «'v»m\ peismi a.i:;iiii>t wlioiii >ini have warrants for similar aets ol vi<»Ien««'. Tt'iiiaps a levenue-eutlcr should be sent to (Gardner's l>iaiid lor the purpose ol' servie*- of warrants. Irs jiieseiiee niij^ht be- xuilieieiit. with ti»e pre.seiiee of the I'nited Stales ollicer.s, to break np rile expedition w itliont the nr.'essity of s.-i/ini;" tin' jx'rsoiis belonjiiuij: M> it. There would not Neem to lue to In- any u'asou lor the arrest of sueli I'trsoiis. if their lio>tiie piirpoM-s wore iound to be defeated and they were willing: or desirous to ex-api- or disperse. 1 have e»uilerie«l with the Secretary ol' the Treasury in re;;ard to the employment of the leveniu' t-ntters and the steam tuus in tiie (lovern- ment .servit-e at N«'W York, and whenever it shall be neci'ssary for the dis«-hai";:e of your duties to put any of them at your disposal, he [t»7! assures me that on application *by letter or tele^vram to that efieet, the liece arv ordei- will ite issued. 1 niist that nofiirtiier illejral expedition will nMpiire yoiii' inter\e!ition, which has iicietofore been so taithful and enieieiit. Very resiKHtfully. &<• Fk.vm'i.s ('. r.AKi.oW, i:.s,j.. .V' "■ Yinl: Citff. K. 11. IIOAIJ AftnrnniHiiicraL Mr. IIiHir. AHvrn>i/-fitni i.il. to Mr. Plernponi^ district tttlorKvif. Wash I. \(; TON. 'Juhf \'2, ISOO. Siii: Your two letters of the Dth were rect'ived on the lOtli, and in '•('ply 1 direeteil you by teh'^iaph of that ir^ ruitnl Stxtts imirshoL Dni'MMMKNT OF STMT,. W'osltimiUiu, 'full/ 15, |S(;'.». SiKs: I iiulo.M' ,1 vi)\t\ o| a imtr ot this dntr, :ii«I(ii! ottlu' I'liitnl Stairs, fin|io\vfriii;: yctii. «»r litlMT ol von. toriiijilox siicl jtait ol tin- laiul or iia\al Ituct's of tli«' I'liitid States. «if ol the iiiiliii., tlu-ieof, lor the puritosts iiHlicaliMl in the t'i«;hth src-tion of thr act nt .Vpiil !'(•. ISIS, (iit tlii« \\er «»f either to act imh'p«'mh'ntly of tin other or withont » oiisjiltation w ith the otln r, if the necessity or the < ii (umstanecs of tlie (H-ea>ion seem to him to rcipiire 'inp<>nth>nt aetiu!! an«l «U'cisi<»n. Onh-rs have liei'ii directed to the eommainhint of tin navy yard at Iirooklyn to pla<-e at Nonr disposal snc'i of the naval forj lies or inrisd:is he held to he dealt with acconliii;. to law. IJelievin^r that many Jhonuhtless ami inconsiderate persons may ha\t heen mi>unided. di-ceived. and hd into improper and niilawmi eiii^iiuf iiu iits. under a sNiepaihy for a peojih' .>ti n;:,i:lin,^ for emancipadtm IVoi', oppressive ride, ami for self ;rov«'rnnM'nt, and nM)re liberal institution^, without i\\U' eoiisidi'iation of the unlawfulness of thei; coiidiicf. ant! ruder the temptation of prouiises helil out to t'u'm. he ant hori/es anchar;:e siieh of the privates or pers<)ns in inferior posilim: iii eomtnand in aiiy sn«-h expedition oi' enteiprise as he shall thin c nniN be di.»eliar;:ed. with eue reference had to the reipiirenu-nls of law ami i«> the Intnie enforcement of the laws ami the mainteiiam'c ol tlie pe:in ajid j:«>iii the l'rc.>i«I(ii; II, tn niiploy siirl' or ot' tlx' iiiiliti,; tioii of tin- act «»i act.") You will on of the powciN issiltic. I'liit tliio 'IMMnlclltly of tlir ccssit \ or tlic cii ilcpciMlcnt actio!) iiiniaiMlaiit of tli* f the naval forces Ksc of prt'xciitiiiu II tlic iM»tc ot .Mr from the tcrritn- ■it the t«i*iitnii.v t' aiiv colony.
  • :- t peace, anil more lin oi- against tin- I persons enua','e : thai It with acconhii.:: HTsoiiv may ha\« niilaw in! ciiu:a;;f niancipalitm lVt>i!i M-ial institutions. vh j-ontliMt. ami c anthori/es am! ot' N(*w" York t<» I inferior ])osition shall thin V ma\ nieiits of law ami ince of the peace or sccmity. or or 1 seem cxptMlieiit. pcdition oi eiiter- .-imilar uiilawtir tctl * for any vio he Inited States, discharjred umlc! stijiation in oitle: r tin* i>nrpose ot ■ijKils ill any sucl' the seeoml tim«- n the j)eaeo. iplvin^ necessary itliori/.ed toinciu rofNTKK cam: (»!' Till; IMTKK STATI'.S. soa thr «*.\p<'ns«* ami te|iartimi!l your action under the jtower thus committed to ycni. Theilistriet att<»ruey will also rep ; also lii.s action in the di.scliar;re of tlio>e jirivates or persons in inferior position and command whom he may di.scharj.'eor relea.se under the discretionary jiower extended to him. Itv order «»t the President. ft I am, sir, &«•.. HAMILTON risii. KllWAKtIS iMKIIlJKPnXT, K.Sij., hisfrirt Attnrnci;, and [102] • Mi. I'urripunt. ilixtr'ut attvnuy, U> Mr. Fifh, Seen fury of Stute. [Teli-;rr:iiii.] Ni:w YoiiK, 'hily l.\ 16G9. Hon. 11amilt(»n Fish : The commission of the l'resilf;4riuii.] >i:\v Vor.K. hih, ];», ISO!). Sec'ketak'v <»r Statf. : Autlioii/alioii rccfivcd. Soin«' two Imiidictl jutsohs au'on (l.tKliicr's l>l;ui r('»|iirst o( my olliccrs iiiul the ciil- l»-r. 'Jlit'v liiiNc loltlu'd tlu' Iij:lit liowsr k«'c|HT. I iriiist scml down i •-iiJlii'i«'iit lore.' to ohli,:;*' tliciii to iciivo. I sliiil! ;i('t vciy (liM-rrcllv. 11' 1 <;innor ;:«*( (Mioimlj nuniiu's uimv I ;is"k (or .i low tioojis ] i"i:an("Is r. uaim.ow. i'nitrii tStatts Murshitl. wftfl Mr. Iliiilitu-, i'nitcf Stntts innrsl; .'/, /<> Mr. FLs'ii, i'/ < lardnoi's Island. Troops not ni-t'ti«'d at jirosrnt. Tlioii' will In- no trouldc in ;;('t tiny- the incii on (iinl- Drr's Island to dispi'isr, 1 lliink. I slu'Jl act discroi'tly and make ,10 i'oininotion. The cutters antl tnji's lia\e do!n' all I nskcd: Imt 1 wish to know t)i;ii I I'iiM depend on them. ilriniiell has ;.;i\en mee\t'i\ assistan«-e possible. Inu isa\va.\ touav. Wecaa find no trace of the \\'illiam For.ster. Terhaps she is tocDiiie from soirie ntlier port to take up in i. All is ipiiet. apparentlv : hut we are luokin^" ont. i'UANCIS C. KAKI.OW m Mr. Fish. ^ I rcttirff 0/ Statr, tit Mr. I'l^rri pinit. aistrin fvtnnn ;i. 'in'l lo Mr. linrlnii\ I in fill Stotts umrshal, 1>KPAUTMKXT ('l- SPATri, UVj.v/<*;a or en'.'ritrisc in vie- laliun of iIm' iieulralily laws, or t)f the inlerrmtional obli;:,dions ul tlii> iioverniueid. II you cannot ;jret a sui icient naval force, inelndinir nia rines, (U if yoa tliink tlett any ]».irt of the land foices of the I'nited States, in addition to the nas-.il forces jdaeed ;d sour disposal l»y an thority of the President and uiuler in.srruirtious 5'»oin this Di'partmeiit under date of l.Sth instant, are iiecessaiy or e\en desirable ai HMj your •ind;;inent) for the successful aeeomplishinent of tlie duty coruniitted to you, you, and caefi of you, are aiUhoii/ed to e. ill upon (.M'neral MiiDowcll, in commantl of th«- military force in N<'\v •ANY INC. rtfUf/ of State. , Jul J, i:>, \^i\\), .uv on (l.ndiii'i's rvis uml llic «:rMr,s, 811 » ttinj i)J' '^Inh: , .hihi 1.". IS(l'). iihI. Troops not t lie mci! on (!;inl- ll,V lUiil :)i;ik(' 111) lisli to know Unit is ;i\v;\\ to (I;i>. iips slir is IdcuiDC ('. IIAK'I.OW Vork. for wliittoxi-r I'orct^ yi.n nniy fiiink cssaiy. Oi'iirs hiivc been diroctcd to y (trdns ol' the I'lrsiUcnt. 1 ;ini, sir. n.'vMii/rox nsii. EnWAIM).-: P!KI:K1'.1M.M, i'.s.i., Disuh-f 'i/toninf. 1"j;an(is ('. I;a!;;,(»\v, V.^i./Marsfnil, y«:tc york. Mr. r/.v//, Sicrrhif'j ,,/■ .s/,h'r, in M,-. Urhrrtn^ Spanish )niitis((r. i);:i'AiM:\ii:M' ov Si-atf,, \\'t(shiii(fini,Jitl_i( 1'). 1S(»;). SiK: KN'lV'irin;; to your intcrvii'W witii Mr. J)nvis yesterday, wherein you reii that Tlio vessel cannot l)e ibund. As tiiey iia\e lull aiilhorit; in tiie premises, and the puwt-r. ii' neces- sary, t(» call out tiooji-; and to unc t In* na\ al Ibrccs ol t he repuldic. I nil! thatdc you to < onnnunicate any inlorni.iiion vou ha\eon f!ii.> sid)- (fct diiectly t(t tl'.ein, to tiie eml that dciay tnay l)c avoided, and tliat the h^vs n»ay lie entorced. I am. sir. with ■. er\ hiiih consideration. \our olicdiinr servant, HAMILTON FISH. SoiM)r l)i>n M. Loim:z IJoitEUTS, dc, dr., d\ ^r i('f(iy)n II. 'i>i'l '" 1- STATi-.. «,,/»/«/ b'., isot). t t»t power pliU'cil en'crjU'ise ill vie- bbj,Mtions of this ee. iaciudinLr m^i- •I's of till' railed r disposal hy an this D.'p.irlnteiit I'veii desirable ;Ui iiient of tin' didv »uIhon/ed to <'M iry feree in N»'^v lOoJ *Mr. Fish. Srfyfir-j> <*/ Sliiti', fit .]!i. l[i>i'.r. Aftornrn-Oenerat. J)Kl'AltT-MI-.NT OF StATK, Wash ill I ft oil., 'lulii 10, 18G0. Si({: Iiu losed I send you a eoj>vol"a telci^ram just retM'ived from tlio luaishal ol New York, and v. ill thiiuk >oii either to instruct him on tiu' "'iibject. or to advise iiie wliai answer 1 shall ^ive. i lia\ (> t lie lii>nt»r to l»e, v\ c, il.VMII.'lON I'iSH. lion. i:. !{. HoAK Attonivij (ii'iwrai. Mr. lliwr. Altoi nr'i fli iirrn!, ( niiiitary t'ur<'(» to sci/i the uuhiwful military I'xprditiou to which hv rrlcis, n'taiuin;^' (ho )»ar ties no k)U.i;(M', however, tliau may he necessary to ett'eetually Vu'eak it up. \'erv li'speetlulh. K. U. !I()AK', .1 (t(ini< 1/ (t'l Hi'i\il. llou. Ma MI I. TON I'ISI!. tiecfetonj of i^tatc. Mr. Fish. Strrcttiruo/ Sfu}(, (>> Mr. P>(irU>i(\, Ciiilnl Sluits itiarshuL WV.V WVXMV.SV OF SrATK. [IOC] * Woshiiifilon, .Inbj 30, ISC!*. Sik: I 1 a\'e rcccivj'd vour letter ol" th<^ 'JIU: liifiu'niatiou has l»een received ;H this (Ulice that \ iolalioiis ot the neutrality laws of the Thited States are cctutciiiplated by persons setliuLiou lb<»t within the territory ot the I'niled S|;ites hostile e\p«'ili tions against Spain in ai'l <»t tin- iusur;j:euts iii Cuba. It is sii^jicsted that prepaialioiis are maUin-- for such e\pedilioiis oii or near the Saint Croix l»i\(r. and j».irtieulariy at lOastpoit and Calais. You are in- structed to use the utm<>>t diii;iene«» in iinpdrin;; wln'ther any such !io~ tile expeditions are in preparation or are conteinpl. ted within your di-^ triet: and if you tind any evidence sunicient (o warrant it. you will <-ause th»' neces>.iry e!y to your i'('(]iu>st, u ijumuo- raiulum relative to the siihjeet of tliis morning's conversation. I remain, sir, witli lii^h regard, \oiir most obedient seivant, LI IS Die i'()ri:sTAi). Hon.. I. (\ r>ANCiioi''T Davis, ifv. 'iifs itKirslitd. STATK. Jidif ao, i.s(;i>. •ttant.in relalioi editions auMin^. directed l<>i' tin s to wliicli \(ni' I .TON FISH. itricl iiltoriK ji. iitlllsl 1\ |MMsoiis ; liostde »'.\|U'dJ It is sn,u^K''^^<-''' r near the Saint s. Von ari' in- er any snch ho- within >'»nr dis ant it. yon will I iiitorination t<» iws, or to pnidsh ompensation lei ,• l,v thf fee bill. D('l>artnient thf . shiMild l>e rci! FIKLD. lonundentriti [ I ii<'li'il ini'iiiui.'i'iiiiiiii. I lilUJATIoN vl' Sl'AIN IN W ASIHXUTON. Allt/llst'Jl, 18()J>. Acc<)rdin.ii" to infornmtion received lunn the coir^nlar aj;"ent of S|)ain at .lackstaiville, I'Morida. who has likewise eharue of the ports of For- namiiini. Cedar Keys, and Tampa Hay, lar,:.ce qnantitics of arms, anunii- iiition, and ))o\vder are Ixin^" landed at I'ornaiMlina and Cedar Keys, iiiarko\-e-mentioned cinisnlar aycnt of Spain, who expresses his conviction that the arms, aiamnnition, •Sic. are in reality destined foi' shijtnn'nt to the coast of (iii>a. either diiect iVcnn the port where lirst landed, or from those to wliieli they are snbstMpient iy lurwarded, the itetterto escape the vi;:;i- lain-e ol' the anthoritics. From this intormaiutn, as well as from that which is deiived from other stMirces, it is I'videiit that extensive prepaiations are beint already been completed, on the I'lorida coast and in Texas, to send nn-n and war nniterial toCnl»a, for the pnrpose (d" assist- iuiT the iiisnr;;<'nts there. In view of thes«'l>ecr 1, l.SGli. John Mii.lkdci:, ICsq., United IStutcs Attornri/, Suranndli, (Ht'oraia: If an.\ ille^Ml hostile <-\iie(lilion atfeuiiits to leave Savannah foi Ciiiiii or el.sew h«'re, stop it and indict the i>arties. W. A. Fli:iJ), Actiiuj .{ttonnii-iiviK ml. m m Mr. MllUtlijr. ilisfrin! attoriK'i/, to Mr. lloar, .Mtorni'ijiani ml. IT. I. -I am.] Atlanta, (iKoitciA, Srptnuhn- 'J. \f^(VX Tt) Attorney (leneral E. K. lloAii: Lai'^^e pait i' MILLHDGK, Dial rid Altunui;. {ttorncyUciuruL Kf/Kst ;51, ISC'.t '. MOIiitll.l. ({, 18G0. To Attounfa -G i:N]:ii AL : CiUi [ have iuithority toc^inploy troops if lu'cosssiry : also to authorize collector at Savannah to cinidoy li.ylit-chaiight boat to cruise inhmd"; ('utter (li'aws too niu(,'li water. Ans\v<'r. JOHN :\rirxEr)(;H, United Sftid's District Attornci;. Mr. Field, Actintj Attitriuij-GeneraJ, tn Mr. Millediie. di! Mr. Hour, Aftorneii-Generdl. [Ti'lt'L'niiii. 1 Maco.N', (iEui:(iIA, >>n/c//i/y(7-.'), IS(;!>. To ATT()!iNKV-(ii:NEUAI. : [lllj •Yours receivek' l»y telegraph; not bein;.;' aide t«» procure troops is the cause of tiieir jicttini;- away; will use ut- most viuihince, and ad\ ise bv teh'unqdi of results daily. .JOHN MlLLErKJE, United States JJi.strict Attornci/. .Mr. MUledije, idstriel a(t,.rneii, t<> Mr. Jlnur, Atloritci/dcncral. ['IVl.'giiuii.] Macon, (lEoUtilA, Sejttcmhcr .'!, 18j1>. To At'.onu'y-deneral iloAii: Uvi;e p'arty of men, thoroughly armed, at Fort (Jaiucs, (leorgia, eu- t 'i 816 TKKATY OF WAHHINCiTON PATKUS AL"('(XM1'ANYIN(S listed fur Cuban army. Uniti'd States deputy marshal tiiuls it iinpos sible to arrest, as the «'itizeiis ar«» nut sutlieieiitiy stroiij;; he teh'j^raplis lor troops to assist. (Iriieral Terry replies tiiat (li'iit'ral llalleck will not give the authority. What eoiirse shall I pursue? Tln'y will get oil on special I'.oat tomorrow. Answ(>r. .lOIIX MILLKDCK, I'nitvil States lUstrlct AttorHci/. Mr. Ixhhiuitsou, Artitu) iSicrctar)/ of Ikf Trmsurtj, to Mr. It'uhh. (T.iff,'riiiii.] 1.!' <>■< I! # I TllKASURV DkI'MMMENT, WiisltiiKjton, Si'pteinhrr '.\, 1S()!>. Tiios. p. i:(»i?i}, t'oUictor (>t ('i(st(nns, tSn ranntth, (iionjin : Put steamer .MeC'ulloch at (!ommaml of pi-;»p('r authorities to stojt c.y- [•edition littinj; out for Cuba. WM. A. infllAKDSOX, Aclnuj Secrfturji. il o Ui, \m '■ pj m ■ II' I- [112] *Mr. Field., Arfing Attorney (ilnieral, /•> .Mr. RmeHnH, Srirtiori/ of War. Attoijnkv Cii:nkijai/s ( )iKicr,. ]Vnxltiii(jt(>n, tSeptemher o, 1S«»'.». Sn:: 1 scud herewith copies of two telegrams from the United States attorney Itu- (leoigia, relating to alleged liostile expeditions iigainst (Juba, for your intbiiuation and such a«;tion as _v<)U may see lit to take. Without e.\i»ressing any opinion on the pi()pri«'ty of t'mplo.ving mili tary force to arrest such expeditions inland without a warrant, I have respectfully to suggi'st that, if the marshal holds a warrant in his haiiti issued by any magistral • for the arrest of any p«'rson charged with an otfense against the neutrility laws, ami is unalde to execut*' it with tin' aid of such civil posHC as he can command, tin- aid of a military fon-e in enabling him to serve his process may be desiicd. Verv respectful I V, vcuir obedient servant, w. A. rii:Li>, Arti/itj .\ttorney(nmeral. lion. .lnll\ A. llAW I.I.NS, ^rvretary of War. For inclosures see ante. jtU » NYINO, timlH it iinpos- liillt'ck will iiol • will j^t^t oil till rict Attormii. COlNTKIi CASK OV TIU: IMTKI) STATUS. 817 Mr. ItnUh. lENT, ritii's to stop ex MtDSON, vtuuj SecrcUifii. !ln-^, Siri\l(ii;i <>l OFFK K, trmherX 1S«1'.». Uiiitt'd Stiitt's tlitioiis :ij,Miii->' see lit to t;iki'. cmploviir^ mili wanaiit, I l>;iv'' liiut ill liislKUitl .li;w;,n'(l with ;iii M'Uti' it with tli«' a luilitary lono tni-nnj(i»mi'rol. Vu'twrnl Toirnscnil, Ailjitftditdeinral, fit fionral Tcrri/, comma udiiiy Th- piirtinciit «;/■ //((' Snntli. Ih: AixjiAKTr.Ks <>r riir, Ai;mv. An.n TANT-(iHM:KAl/s ( )l TKI-:, Jli;>J * Wtishliiiltou. Srphnihrr 1, 1S(J<>. r.rcvi't Major Ch'ImmmI A. H. Thkim , Ciniimnuilinij Ihpditment of thr South, Athmtn, GunuiUt: riiitt'd Stales arty will j4;et otl' hy speeial l>oat Iroin Fort ( laiiies. (leor^ia. to day. The Secretary ot" War directs that il the marshal holds a warrant in his hands issued by any ina;;islrat<' lor the arrest of any persnn char;i»'d with .>n olVense ajiainst the neiitralily laws, and is uiial)le fo execute it with the aid of siich ci\ il lorce as he can connnand, y<»n atlonl him shcIi as>istan(;e as may be in your power, on prttpiM- application. Acknowled;:e receipt. liv comnniml of (ieneral Sherman: !•:. 1>. TnWNSKM). .l»IJi((rder »»f the Secretary of War: •INO. i:. S.MITir. Colonel ami Jiirirt Major-fjimral, I'. S. A. .!//•. h'i)i. Acdufi S(r}rf<(r!i of the Ticamny. to Mr. Of-**.'/. roUector. [T.-l,-rani.l TuKAsrtn Dkpaktmi^nt, 11 IJ * \\'((shi)if,toii, s,p(i'iulHr 4, 1SG'.>. •lAMl'.S r. CASKV. Collator of Customs, Xiic Orlaius. Louis'mnu: Whenever called upon by tin- pr()per authority, ymi are permitted to l>lace Wilderness at cominantl to prevent lilibusterin«,' exi)edition to I'uiia. WM. A. KKTIAI.'.DSOX. Actiuj Sevritury of the Treaaury. Mr. Uh-hanhon, Aetluii Seeretury of the Treasury, to coUector. Mohile. [Ti'lt'^irain.] Trkasirv Dkpartmknt, Washinytou. ISeptemher i. 1800. ''OLLKCTOK OF (''1'ST0:MS, Mohile, Alabama : Whenever called upon by the i)roper authority, you are p«rniitted to place Delaware at comuuinil to stop lilibustering expeditions toCubi^. W M. A. KK HAKDSON, Aetiny Secretary of Treasury. 52 A i '■ - 1 ■i„) 51 • iSl8 TKKATV OF WASMINUTON I'AI'KKS A( COMI'AN VlNCi Mr. Fit hi, Artimj AtUn'tU'i/aeiirrnl, to Mr. MlllnUje. tlislrirt nttormfi. LTfh'gnnii. ) \V t* .*) A!r. Morrill^ I'nittd States ioiiniii.ssi(>nrr^ to Mr. Hoar. Attormylirmral iT.lrjilillll.] AIacon, (IeoK(;ia. Stptimhrr */<»>«>•. Mr. Millc'ige, diMrivt attorney.^ to Mr. Jloar^ Attorney (it luro I. [TcIfHiiaiii.] lyiAc'ox, (lEOKoiA, Septemher <», 1S(]!1. Attorney-Gfiioral floAK, WaHliifUfton, J). ('. : Sir: I have the honor and Katist'action of n'portinjr herewith tlit result of our eft'orts to capture the expedition en routf for Cuba. ».MI'ANY1N(; Scpfoiilnr I. is<;«». for srrvii't- i\r,\v Mo S.jViiimali. Wlivdo tr«»i»i»s <-.in 1h' ust'd. II tlir waltli. . A. 1 IKLl), y Attitrniij Hi mini. le. 'flistrirt aitornnj. SrpUtuhir I, istl'.t. ins: rriminal itniics- iiiisli tlirm. ir IH'((- i\. A. ni:M>. j(/ Altormy-(itn(itil. nor. .Xfinrnnj (hui)it L. Srplimhrt <'.. lSJl',1. ^11 ami <'«i\ ^Nitl' i"""" |. i»!trt that lililtnstfi^ Ir. MOIMMI.L, .\tlonny(irncntl. Iportinjr lion-witli tlif \ouU- for I'uba. !/»•. MiU(^n!>. .Mv I>i;ai{ Siij : Tlaviii;^ jii>t K'tiininl t.>iliiscit_\ iVuiii a \t r.v tati^niii;; piiisiiil allcr l'iil»aii tilibastris. wlmin I lia\c (iclixi-n'd owi l(» tlio III («'•! Stairs fuiiiinissiiHUT at tlii> plarc fur trial, 1 f't-rl that. uiuUt (lie circmnstaiu'cs, t!n' ("lovt'iiiiin-iit 1 rrprcsc iit will saiictidii my t'liipltty- jii;l; (Mtmiscl to assist iik* in tlu-ir i>rttst'cuti(»ii. and wliicli I now ri'spiH-t- iiilly rtMHicst \(iii to ilo. After the proct'cdinjis which may h«' hail in the matter. I will approve iiiil .>>eii(l forwanl your hill for profi'ssioiial serviies. which 1 trust you will make as reasoiiahle as po.»il)le. Yours, verv trulv. .INO. MILLKlKii:, i'nited Stntts l>isti kt Attoriuij for Lnvryid. Colonel Wkkms. IIS] *Mr. FIrhl, Arfhiy Athnnr}/ dmeraL to Mr. Ihddirin, tllstriit attoniry. WasihN(;t<)N, Srptcmhvr l.i, 1S(»!). Siij : T have been informed that larj:*' (jMantities of arms and ammn- iiition have been recently shippetl Irom Cedar Keys, Kloiiila, to (lal- vcston, Texas, Tliese arms ami ammunition are supi)osed to be the iMopcrty of individuals, and it is con.iectur<reventin;;: any violation of tlu' tieutrality laws of the I'liited States, sunl in pnnisiiinjj: all persons who violate them. Verv respectfully, \V. A. FIKLD, Actiiiy Attorneytit'Hvral. 1). .1. Haldwin, United states Atlonuy, Uuh'e«ton, Texan. I S20 TIJKATV <•!' W A>IIIM;T«»N IVM'KKS ACCOM TAN VI \« J fi Mi: Ihnls. Artint/ Strnt>nif n/ Stat*, tit Mr. H'tntirdl, ,Strri(an/ uf the TrutxHi-y. I»KrAi:TMi:.\T of Siatk, WiUfhimjtnH, S4itt« ihImi- JS, 1S(»J). Sii; : (%Mili<1«Miti:il iiiforiiKitiiMi liasroinf to tlii^ lK|Mi-tiii«Mit tli:it t)icn> is soiiu' I't-asoii to a|>|)ri-lii*iiii lliait tli«* |>ro|iri«-tors of tin* I'liitisli hri;: Kilitli. now at Nrw Orlt-ans. arc alMiut to attempt a violation ol [IIOJ •tlh' iiriitralitv Is'ws ot" the I'liittil Stat»*s. \>y ru;,M;,'iii'; in an arni('«I ('\|M-«|jiion a;:ain>t tin- S|iaiii>li aiitlioiitics in CnWa. Tin- int'oiniant «locs not (Ii->ii-r t«» liavt- Ills naiiif in;r ?^o, I have tlu' honor to Ih*. &i*.. .1. C. U. DAVIS. Art i III/ .Simiiii'ii. lion. (Jeo. S. IJoiTWKi.i., St'crttiiry of' tin Tinixu§'if. m I.. »:B Mr. llnrloir. I'niteil Statm Miinthol. ^• Mr. Fixh, Stn-rtari/ of Slati. I'ynr.u Statks >' irsiiAi/s Omu k. SolTlIKK.N lM>iKI<1 OK Ni:\V VuUK. Stir York, yitrciiihrr S. 1S»;'.». Sir : I have tho h«»nor to inform yoii that I am «*mi»loyinir. the saiiii- as my predecessor, (letieral Harlow, one sii|M*rint«*nt:iiiees r»*<• an* eontinnin^r in your employment, the sjimc as your predecessor, mn superintendent and two or thn*cilctcctives, ascin-umstances retpiire. lii Im'cu received. Your priM-ecdin^r-** as therein iiarrat«*s to t«'lr-i:il>ll 1»» \\ilttli .tliiii;; siisp.icioiis in re that sin- is alioiit •♦■SSiiiy stfl»s \n \\\v r.. IJAVIS. »•'.». iMni»loviiiir. tin* sunii ♦•11.1. -lit and t'.vo Ml ini of a"v iiifiin^:*' f#W StnhK Maishtil. niUtl suites nitirslfi'. Statk. Xnnmhr 12, 1>^<5n. u iiifonii iiH* thai vou your iirtMh'cossor, i>ii'' iiiistaiH-t's irqniiv. li;t' rratiHl aiv aiM»>«»^':'' I nion* cxiK'iist' hr ill he re-. Un,h»r. I'liitnl Stntts iinnshtil. fn Mr. Fish, Strntoi'if o/ Sfafr. • [Kxtrnct.] L'MTKll SlAIKS MVUSIIAI/S (H IHK, SoiTiii-KN iMsn.'n T (IF Nkw Vuijk, Stir Y„rk\, yonmhii' 10, ISlJO. Sii; : From tin- artivify which s«'»'iii>; to |.iMv;i(h' Cuhaii circles, aiid from iiiforiiiaiioii ^atliiicU fioiii tin- .liiiita !•> iii.v detectives, I iim m- cliiieil to tlic (»|>iiiioii tliat measures ail' on Wntt toilet otl" an expedition. I liave rlijoiiied extra vii^ilailce ll|M)it all the detectives, ami shall us«; fveiyeiidi-ayoi- to stupany «\|MM|ition \vhiomce Ironi uiiich 1 can ;4;et intonnatioii relative 'o Ciihaii inatti'is is tiom the Spanish coiisnl. and the sii|HMiiit«-iideiit ami two detectives «oniiectcd witii IMiiUei tun's a;;emy, wjioiii I eoiitllille toiiiiploy the s.ilnc as iii\ predecessor. I have only one revenue cutter at my eommaml — tin- Seward. If any emer;;eiie\ arises. I >liall «lo the very he-t that can he done with the means at my eommand. Very rcspectfuHv, ^:e., i:. S. H.VIM.OW. I tiittil Stiifi.s M' .s'M/f. Tkka.sikv Dkpaktmknt, WasliiiHftnn. yotumhir 10, lSr»«). SiK: On Monday last Mr. Moore, the collector of .iisionis at IMiila- delphia. informed me that the lam Atlanta, a \essel constructed lor war purposes, was l.\in:r in the harhor. ami had tlieie reci'iitly taken on iMiard four Iar;:e ;;nns. I'poii Mr. Moore's repre'^entaiion, I direct* <\ him ti> pla«-e his oni«-«'rs on hoard the Atlanta, and to pre\enl her j^join;:' to Nca until her true character and purposes tould he ascertained. 1 have this iiiorniii;; i«'cei\ed iroin Mr. Motuc a Icltci, dated on the !lth instant, <"ovi-riii^ a repoit made hy !•]. i >. (niudrich, surv«'y(U of the port Il'-I of IMtiladt'lphia. ^iivini;' further information concerniii;;" *the sus- pected \«'ssel. copies of \\hieli lettt-r and repmt I ha\e the Inuior herewith to transmit to .\ou. I am, vei\ respect lull v. «S:c., r.FO. S. lUHTWKl.I., St'cri tnrt/ 1>/ tin Trctstiri/. Mr. Fi.sii. Svrrtitni of SUitr. [Invlosnrt' No. 1.] Mr. .l/«>«iv. tiilhrtnr. to Mr. lioKttnll. Sn rrtonj »/ tin Tmistirif. CrSTtiAI lIoisK. ("nl.I.K(T(»i;*S (MFKK. Fhilailflltltia, X^ntmlnr 1». IS{',\}. »SiK : I have the honor to inclose the report of F. (>. (loodrieh, e.sq., n- ii S2J TIJK.VTY OF \VAMIIN(JTON lAIKKS A< (OMIAN V IN«J •hiivvc.vor of tin* |Nirt, in rr;;:ii«l to an «-\ainiiiiitioii ui' i)ii> laiii Atlanta, si>i/.<'«l 1>\ iiistrii<'ti<>ii>. on ilii* stii instant, tiom your l)« pattnirnl. Mr. Oakr> Sinitli, \>itii tiit* liaWiati j^rnnal, waitfil on inr this morn- in};, an*l pnMlnctMl i*\ idcncc an Icails nic to iM'lirvc that tin* Atlanta lian bcfii lt';:itiniai«-l\ |Mii«lias«-4l lor ilir llavtain ^'ov» i nnn-nt. 'I'lusf ;ri'n tii-nn-n will \\ait on \ou. in a day or two, in it'^^anl to the vrsscl. I am. \«iv rf>|M'tttullv. \c., m:M:v i>. mooki:, ( olhrtor of' ( ustoms. Hon. (iF.n. S. I In II w km., StcrtUiry of the Titnstttq. \^\tA] '[ Iiirlusiin- No. *.». I Ml', (huuliiih. mtrrri/iii\ to Mr. Motirc, rttlhftor ri sToM Hot sK, l*ini,Ai)i:i.niiA, Siinrif4u's (ttjin, \oninhrr '.», iSll'.l. SiK : In t-oiii|ilian(*i> uitli tin- n><|M*'st contaiinMl in vi>nr Icttrr ol thin ilat)'. I lia vr ran^i-d an examination of tin* lam .\tlanta to lie niadr, now lyin;:at Ni-alii- vV: L«-\\"s wharf in ihary;r ol ollims «»! tlit* rnstonis. Tin- Atlanta ha> r«Ti-ntly iM't-ii icpairi'tl, and her marliinn y put in ord«T. l)nrin;:lh<- last w«-ck tour lai;;c ;;iins have liccn taken on, u liii U art' placed in position, and mounted. She has no eoal. stores, nor anininnitioii uu hoard, but eoultl lie i:ot n-ady Un .sea in lour or live da\s. Tw«» inspeetors are in eliar;;e ul" the raui. Very resperttullv, K. (>. <;<)(H)i;i('H, tSurciif^o-. Hon. Hknuv I>. Mmmkk, Cvlhrtor. [0 Mr. Fish, S4 4ntiny of S{au\, to Mr. liontinU^ Secretary of the Treasunj. \ Deivmjtmf.nt of ^^TA^l•., }Vii.shiinitoii, Xoremltir IL', ISd!*. Sii:: I have eoiderred with Mr. lioherts, tlu' Spanish nuni.stn. [124j relative to the ram Atlanta, •the vessel referretl to in your eoiii I , muni<-ation of the loth instant, and as he appears to know no ni i .son why that ve.ssel shoidd he lon;;er detained, yon an' reipu'sted U instruct the collector of customs at the port of Phihnlelphia. where .she ••< now lyin^', to take no further .steps toward pn'veiitinjj; her di'partiue. Your olx'diciit servant, HAMILTON FISH. Hon. TiKO. S. Boi TWKLL, tStcrt-tury of Treasury. kll'ANVINU till' ram Adaiita, l)i piirtiih'iil. I on iiif this iiKHii lit till' Atl:iitt:i lias llU'llt. 'IIms«' '^V\\ .( till* vrssri. Irctor of ( nstniiis. Ihrtor. lI.ADKI.IMn A, yunmUri H, 1S);'.». your W'ttrr of tlii> it;i to Im- matlt', now ol tin* nistoiiis. r iiiarliiiu'iy put in L'lMi taki'ii oil, ^Oii< ii il, but fould In L;«>i iooDincii. ISitiiryor ary of thr Tith.su n/. V f?TATI", \orriiih,r I if, 1S«>!>. M' Spaiiisli iniiiistci. ii'd to in yoiii <'iiii iMis to know no rr.i oil ato n'(|n»'sti'lial tor tin- souflnTii «lisiii(t of N«'\v York, of >t's>('nla\'s dati-. an •Irpartnn* from N«'\\ Voik, orrliat viriniiv. ofany iinhiwtnl cxpctliiioiirt in aid oi thr Tnlian iiisar;.'.'nts, to which thi- marshal ntfrs, as hi'liuvtMl to In* in ronisi* of pn'paiatiini. 1 have the honor to In*, \«-., HAMILTON FISH. Hon. (If.o. M. Ii'oitKsoN. Sniutarif of tilt .\iirjf. l.l~t] *Mr. ii'ohrsoH, Sirnttiri/ «»/' /'« Xary, to Mr. Fish. ISecretary of Sfad. Navv 1>i:i'ai:imf.nt. Wiishiiiifton, yon-ftilirr \:\. 1S(JU. SiK: I havt' th»* honor to acknowh'tly;*' tin* nM'ript nt' y<»iir (-onnniini- «-ation ol' till' Ilth in.>tant. im-Iosin;; a traiiscripr ot' a coiniiiKnii-iition trotn tin* FnitiMl States nia'>lia! lor thf southern disMik-i of New \(>ik. C'opifsot'saitI <'oinniiinicatioii ]iav4> Iicimi transntitt. Verv lespertlnllv. tlKO. M. Kor.FSON. Secretary of tit f yary. Hon. Hamii.tmn Fish. iSiintary of Sdtte. Mr. liithrunn, SrcreUiry of thr y((ry, to Mr. Fish. Secretary of St(tti(. Navv I)f.i»autmf.xt, Washiiiyton, yoreniher !"», 1800. Slk : I h.ive the liointr to aeknowletl;i»* the receipt «>t your Ictti'r o^ lie Fllh instant, with its iinlosnrcs. and to intormyou that tin- United States st«'amer Frolic, .it Niw York, w ill he Iield in readiness to im\ a.ssist the marshal in tliwartin;; •the «leparture of any unlawful i*.\|KMliliou in aid of tlu' t'uhaii insui;,'ent.^. Very respectfully, your obedient .servant Hon. Hamilton Fish, iStcrttury of ;State. <;i:o. M. F.or.K.soN, Secretary of tin yavy. mm^ X2\ n.'I.vrV «)!• sVASIIlNCiiON I'Ai'KL's A( COM !' \ N V I Ntl f Jlr I*ifh(irils(>ii, Aifiiii/ SriTcfitrif of tftr Trvusitrif. to .Ifr, n.sli, Srctrftin/ TuKAsnn I>i:pau'Tmhnt. .\oniiihir 1(1, 1S<;!>. SiK : I ii i\i' till' iKtiun- to iiifiMMu you. in reply (o your letter oC the l.'.tli ilistiillt. rehilixe to the :is.«vilimi( lit of ;i leveiiile vessel (in phiee oC the SrWiuU. ortleie«l ;i\va> iVom New Vofk i to the ordi'f oi" the Cniled Stiites niiiishal. iha! ( 'oileetor (liiniieiMi:i> l»een insiineted lo j^Iaee the stciinier r.ioi?\ ;it foiiiMiuiul ol thai oiiieer, «\:e., and ill the entureeinenl of Ihe iieiitialitN la\ss. I an:. \ er\ respeef CulK . w.M. A. i:h iiAUh.sox, Art iiKj Sicn (((!'[/ Ill' llir Traixurt/. Uoii. il \M!I.To\ (-'ISII. S> cntan/ at' Sttitr. |rJ7j '.'I'-. Il'>'n\ Attoncn a-u' ,iii. /.» .'(/-•. /Vv/f. S,rritiir>/ rnitht r \'k IStl'.l. Sn;: I ha\e the honor to tran^inil lieiewith , u Jth lojiiest lor its ic tntii after perusal: a letter iioik the inited States distriet attorney at rhiladelpliia. inel.'>in^' a report o) tlo (nited Slates marshal there, re iatinj; to (lie steaaiir < ielie'al hnler. \'tl\ respeelliill\, \oUJS. vS.e., i:. i;. iioAi:. . I tti'iiH 1/ iif iinal. Hon. II \\:ii.imn I'isir. Stcn iiirif of' Sliitr. \ Inrlo'^liri' No. I.I Uc. N»»(V//. I'liiftil Stiifts i'tliiiiii u. tn Mr. fl<>iit\ Affi'iiiiji (,'i lit fill. ()i I'll 1. ul- 111! • .Mll.li SlAIIS ArTnl{M;\. ICA.S'IMU'N IHsTIJH'I «•! I'l NNsN 1 '. \M \. I'liliinh Ijtliit', \iiriinlnr \>. Isil'i SiK' : Tlh' nial-l'al of lliet istiiet, if aeeord.iliee with in--( lilel loiis lo l.iin. eontai.ied in a letter to !iii 1io;!i the Assistant .\ltoine\ fleiieral. l.eann.i; date the .'»ih of No\eailt.r, I -^(l'.*. visited ami evamiiied tli' sti-amei (n neial Dnle*-. now Isin;;' in this port, lie took with him Tap tain .lohii II. ^■onll^. \\li<»is a;i old and exjieiiem d ship master, wi aetiiiainted with Mieh niath-i -. and teeeivr-d from him a staf [rjXj nieiit in writing;, relatin.y- to •the ehaiaeter and eniidition of ih" \e>>el. a ropy of uhieh he has |od;ied with Ilie. I haV- I he lioiiei to iiielose >oii a etpy of t!)is, and of a nn'Miorandiim aniie\ed, .si,<,jiied (•> iiie marshal, show iiiy; his eoiM'iMieriee uilh it. \'el\ lespiitlnllv. \oins, v\e,. An;iM:^ ii. smith, I'ltitxl StntcM AtUntivij. Hon. i; 1{. IIoAlJ, M!'\NViN»; I//', rish, Sirri-fdtif :i'Ai;tmi:nt. )niiil>(r H;, is«i!>, r letter of the l.'lfli ■*•'! (in i»):i('c t»r t lif tlir rilit<'il Stilt<'s } |>I:lc<' tlic StCilllKM •nluicniuMit, oi' tin- IKSON, / (// llir TrtftftHri/. vturtj of Si.ntc. VI.'S (Ml'H'K, iH'i'iitlx r l.">. !*>•>•». rcfjiM'sl Inr its i( (listrir! ;ill(ii IH'\ Ml X liiiiisliill tluTr. If i;. iioAi;, . I tun'iit ji Hi m ral. (■(UNTKij cAsi: or iiii: ini'ii:!) st.\ti:<. S'2i') [ Iiicldsiirc Nil. 'J. ) M- YoHiiij (:, Mr. (iin/nri/, I nitnl Sttttis mitr.slntl. Pini,At)i:i,i'ii!A, Xoiwmhrr \o, l,s. Sii;: Tiir iiiHlcrsiuiKMl, ;ii _v(»iir nM|ii('st. \ iNitcd tlic stisiiiitT ( Iciinal Dulct'. now iihant n';i(|> |'.»r sen, and. ;i(t.'r n cun'iul cx.iniiiiai i(»n, rcspccr- fiilly rf|»(»rls tlir said sicanin is in un'id older, of small eapaeity and pit\\er, SUV alioiit i:»(> horse jKiwer. with iar-e deck aifMiiin )dations for passeni^crs. Tiie eoa! hankeis are Citll ot'eoal.and eontain S7 ions, witii the intention mI |>iiilinu' ."iK tons nnnv in ilie lore iiold. lor the |Mir|»nse of l.rin.uini: Iter in trim : as her eoal eonsnmiHion does not e\efed 1(» tons per da,\. ii wili in- oltserved that the above i|Man!it\ will -ise iier ahont tliirt«'en d;iys' steamili;;-. riie (|iianiiti<'s of stores on i>oard ;iie, |»erhai»-. ""' "X'H' than [y^'.V, snilieient lor twenty da>s' eoirsnmption "for hei oidinary ei'ew. Ill f.jet. tlie onttit jexeeptin;^ eoal) is iiiuhr rather than «/v/- the nsnal necessities for sueh a Ncssel. r.eiir^- entirely nnsnited I'm' anvthiiru else tlr.M passengers and a very small amoniil ot' eei.uo, I respeei lidly snimiii \\\-\[ t iien- i> nothing- wiiat- e\er (»f a siispieioiis eharaeter i-ither i:i the vessel or her ontlii. Kespi'ctfnllv. .iOlIN il. VOINC. V). M. ('iin.tioirv, i'liitid Sillies Miosliitl, rNi'ti:i» Statks Maksiiai.'s Oitici;. Kasii;i;.n Disii.Mcr oi- IM;^^s^ i.\ ama. I'hihnliliiiiia. .\i rrnih< , \\, ISVt*). I fidly nnite and ayree w ith Captain Voiin;,'' in the toi-e;;oinj^' report, ha\in^ aeeompanied him in the examination ot' the ship. K. M. (iUKCoKV, I'nifid .Stittr.-i Mur-shal. I fff^nirji C,i nnal. N>\l,\ A MA. \'i>rnnhn- l.i, IStiK, \ ith insirnelions to t Attor ne\ < lelieial, and exaniilM'd the took with hiiii Ciip d ship master, w ' I Irom hint n sia''' uid eniidititin of il'"' '. I hav- the honei alineM'd, si!.!;ne(l \>} II. .•^Milll, .,1 st(tt>'H Mfnincij. !.'/• Umlmr. I'liitcl Sl(ifj' Slafc. tKxiniri.j rMi'i.n Si'Aii.s M \i;sii M.'s Onici.. 801 I iii;i.'N iM.si u'lcf OF Nr.u \«>i;ii;, A'r/r IW/.-. A'i'm»*/«rL't>. ISdJ). t'ii; : .Neeoidin;^- to insi inei ions eoidaiiieil in your letter under «late of No\eml»er ]."», I ha\e the honor to rejioit — 1 '•♦•j •That 1 liaM- now en;iaued oiiesuperintfndeni and ei;4ht d«'tect- ivcs. _'l'wu men are kept emphiyed in watehiny; tin* movements "I sleameis in this harbor : Iwonu'iiin the eonlidenee (»f the Junta to lepori their movements; one man to k<'ep in with the parti's who tilted "111 llie Moniet, MS it is likely thai if an.\ othor ves.sels be titled out, iliese saiiu' partii's will have efuitrol of her; two men to keep track «>t' ^'ra;4'"'li»i-;; Ciiliiiis t liion;*lituit the eilN . and watch their boardin.in hou.scs \ri ii I f i 11 .S2f) TKMIATY <»F WASHIMJTON I'AI'KIJS ACCOMPANYING Miul liimiits. ;in.l ;,';Uli»'r ;i('iirr:il iiirnnuiitioii ; oiio niaii in w.xiih tlic sliip- incut ot iiiins iiinl Miiiniiiiiitinii. This toiv«* will ln' iiirivasrd or dccnMscil :is rircumstimccs may si'i-ui to lt'(|i!ilr. I am. sii-. v»'iv ri'spcctliillN . voins. ^:('., «. K. MA i; LOW. (nitai Sf<(f(.s Marshal. lloii. Hamilton Fish, Strnttin/ «/' Shitc. Mr. llnrhnr. fnift'l Sintfs intnsluil, ^» Mr. Fish, Scm'tari/ »;/ .SVa^'. rNITKl) Staiks Ma!isiiai/s Oiik i;, iSnrrm.KW Dstimct or Ni;\v York, \( ir York, Ih<( inht r 7, 1S(;!>. SiK' : Tlic Siiu ot' tlii< moniiiij;- states ihal an rxpcdition. nnmlM'iin;^ tonr iinndn'il and littv men. sailed tiom this port tor Cnlia on Satnrda\ hist. |l.»lj '!'hi> rt'poH is without t'Munhition. Mr. Daxies. 'snpcrintfiid- riit ol° dt-tfi-tixcs. informs me tJKst no men conhl iia\e h'I'l uitiioiit his Unowird^e. as the <'h>s«*st wateli is kept on all the mo\ements ot tlie dnnti. aiid on the st ra;r,i;Iin;i" part ies of ( 'ahans w ho are seatteri'l thlou;:hont the eitV. From information, hased npon the Imsi authority. ho\\e\er. i ItelieNc that an eflort will soon he made to ^et olV an expedition, and 1 liaxc enjoined the >iriete>t vi'jil.inee npoii .Ml'. I> ivies ami his siiliordinates. We ha\e thrown sneh a net work around the < 'uliaiis and theii- s\ in- ])atlii/ei>. that I am positive that na expedition eaii he liiied out w il!i out thi> know ledu'e of this olliee. 1 have the honor to he, sir, ^oiiis, vS:e.. \c.. S. i:. IIAIM.OW. I nitril Sfiitis Mur.shal. Hon. II \MII.TnY I'isll, Sciritfiru of' Si'titi . Mr. Ihirhiir. I'liitfti States marshal, to .]fr. Fixh, Scrrrtiiry af Sfati . [Km rail. J Nkw Voijk. Ajn-il LIT, IS7<>. Sii: : I have the honor to reptut iliat.on the LMJth of I', hriiary la- Sefioi- lialhiiio < '4U te.-. tin- Spanish eoii>iil at this port, called at H' olli»c. (then !nar>hal f«»r the soiithern dislri«*t of New York.) aii' [l.'iJj inloi iiii-d me that he liati relial>le informa*tion that an unlauli expedition of vri' siirli an cxiKMlition, hut. alter a watch l' Stair. rrrrfari/ af Statr. 1 TICK, SlAV YoHK, Ihniiihrr 7, ISOtl. |ieilitioii, nnmlierin;; r ('iil»a oil Satunlas iixies, •superiliteMtl ihl iiave left willioiit I tlie iiM)Vements ol [is \\li<» are scattered -, li(i\\e\ er. I Uelievc tfdit ion. and I lia\r d his siihoidinates. lans and their s\ m , 1,,' tilled out w ilh IAIM-0\V. /((/ Stat'S Marshal. Srcrrtani ol' Slidt . ;k. .\i>ril I'T, l^^TO. C.tli of I'.'liruary l;i-; s port, called at iii.\ •t of New York,) aii'l ion that an uidawfiil \e I Ins city the same ■^learners in wliieh tin ir numi»er of Cuban^ nrdiately called ui.nii ;dso enildoyed two el er, and, if possiUlc " Mr. Fish, Sri-nttiri/ of Sfafr, fit Mr. Firrrrpaiit. ilistrlcf aNonn-i/. ' Dki'AUT M NT Ol' Si \i i;, Washiutilitn, •Ixhj 7, 1S70. Sli; : 'riie President lias het n iiifo.im-d that the Spanish minister is in possession of e\ideiiee tending to show that ^omc i>aitieeeii iir.oniied that all witiiessrs within your reach who iiia\ be pointed out to \ou l»y him, or l»y the counsel who may he einplo\ed l>y him, will lie examined lt\ you, ami lliii ;>ou will thereupon iii>litiile siii'h pro- cee«liiiys. ri\ il or erimimil, a^ the ca^e may jiistity. \ •■;> will, t ht'i'clore. jilcasf act in tiie >.|urii ol' the comiiiuiiii-ation to ^■^ i »pe/ Ifolierts should occasion i-e«iuiie, I am. sir, voiirs, »S;e., ii.vMii/roN nsii. I'.DWAK'DS IMl.t.MMa'oNI', INfl- I' nihil Slates Ifislrirl .illornri/, Snr Yorh. ii;;.->l •(•oim;i:sp(>ni)KN('h imclatix i: to tin: iioiixiyr. 1/*. I'irhl. AilitKi Mliiniri/fitiicral. /.» Mi. hurls. Aitiuij Srcrrfftri/ af Shift. AlToK'NKV (ii:M'-i; M.'s OlMMCi;, W iishiiajtun., Aiainst K!, ISliO. Sii; : 1 have the liomu' to tr.insiuit hereuilh copies of a leleiiTain, re- ••eived Saturday eveniny lasl. Iron the I'liited Slates marshal at New York, and a tele;iiain >♦ nl the sauie ♦'Veiling to !lie I'nited States dis- trict attiiiiu-y al I'hiladelphia, te.ati\e to tlu' steamer lloinet; also a ieU'j;ram just I'eetuv ei I Inuii the assistant di.slriet atttuiiey at IMiiladel- pliia, relalin;; to the same \«>sel. \ ery respect full, \ , \ours, ^:c lluji. J. < . 15. Davis- \V. A. FIKLl), .\rlinjf .ittonunUencral. Atfiny Sarcfv.itf of SiaU. i i 1)5 < ■ 1^ I ■■v';l ! ,1 ' * : If ! I I S28 TKKATV OF \VASiri\(i IciN I'AI'KIfS A(( < )MI\\N V I Nd • I Incltisiirc No. I.J Mr. lUiihiir, I'liifid Sftifis iihirsliolj to Mr. Ilimr, Attonu'ij (jtmral. Nr.w Y(»KK. .lii;iiis( 1 I, is«;i». Tlic llonict.ii loim' side wlh'i'I stciiiin'r, is suid to he y.iiiiu' iVom IMiiln- (lfl|»lii;i til !iiL;!it :is ;i ('iil);iii |>ii\ iitcci-. I li;i\(' tcU'^l;i|»lic»l tln' lilct to tlir riiitt'tl Stiitt's marsliiil ;it IMiil;i(lcl|»lii;i. FKANi'lS ('. IIAIM-OW, [i;J(i] *f'tiili<1 St(iti:s Mdr.shul^ X,ir York. I IlirloMllr \u. 'J. ] Mr. Fi(lUM;V ( 1 ITNKi; A l.'S < )!■ FHK, ]V((shiiKitlii;i. ill violation ot tlit* iiciilialil.v laws. ICxaniiiic the cast', and prcvriii aii,\ violation of tlu'M- laws. w. A. i"ii:m), Aoliittj Atf, ActiiKj Att<>rn(Hiit!iir, (issistmif ilistrlif nttitnn tf. t<> Mr. l-'iil.l, Aitiii;/ Attoninj (»'« m ral. (Min i; nl IMiKU Stm'KS As rnK-\K>, Dasikun PstsTKnr uk IM-:nn>\ » ^ \mv, [137] •l'hiUuiitj»kiiu Atf;t»^ m l."^**'*. Sir : I have tlii' honor to stat«' that. imiii«Mh»N'l\ v yoiu-M-it. MrANVINO ttornvii (hnvfaJ. .\u(j)isl I I, 1S(;!». ' y:oiii.U' tVoin IMiila- :r;il»lK'tl tlic fiU'l to W, rsJiiil^ X( ir York. < iMNTKR CASK OF I'ili: IMTi:i» slATKS. .S29 tricf (itlornc!/, Phil s Ofkick, AmjKst i;J, lSt;!>. troiii riiilii4l(>1)ilii;i. ;t', iiiiil pifx ('lit ;mi,\ . I ttiiniri/ (iClKi'dL tl, .['liiiij .'it tor lit [I , AidjKst Iti, ISO'.t. lined. s r('|Mirti'i1 .\i,i;mim:, W s(tit(s Atlonuji. Thcsr iiistniclioiis wnv niv,.,i |,> llir maisliiil on vcstcnlav <'v<.|iiii<.- alx.nt .. .M-ltM-k. II,. iMiliicdiwtrlv took sl.'ps to scr that tlu' Vessel .iid not esj-ape. Vesteidav, Siiiiday nioiiiin.u, al.oiil l(» o'ehMk. Ilie ivvenne cutter ( aptam dames coiMiiiandin-. l.ioii-lit liie lloiii.'t to. wlieii she was al)»nit (ortvse\cn miles lielow lheeit\. I ineiose li.'iewith a ecpy of his K't ter. -i\ in-' a statement of his a<-th)ii in the ease. 1 have replevied the maislnd to have a thoi'.Mi-h examination mad<' ol t ho vessel and ear^o. This he will have «l,)ne immediately. I also ineh.s,. ;i copy of ;i letter iVom him. -iviii- a ivpi'.it of his action thus far. Very respectfully, yoiiis, vS:c.. dOlIN K. \ AI.KXTINi:. Assi.'^fdiil I'liitnl Slahs Allonirif. Ilini. \V. A. !'ii:i,i». Art i lit/ Attoriifi/ (it iitriil. [1>] '[ill. 1.. sine \n. I.l Mr. drt'ijtnii. L'liitril Stults iiitirsluil, f<, Mr. \'ii Saturday, iiom information oli- taiiied, I Iniiiidthat I he saiti steamer had maile arraniicmeiils to sail dmiii^ the iii^iht or Siiiida> niuriiinj;. I at once eniploved a tn;;. and proeeedetl down the river, with a \ iew to intercept the rt'\cniie cutter Miami, Capiain .ioiits coinmaiidiiiii. 1 siiccei'ded in commnnicatini!; with him aiioiit il..">i> a. m., helow l,'ced\ Island. Atter .L;ivin;;' siich in- st met ions as were necessar;\ , I returned ti» the city, iiiectiim i he Hornet t»n the wax dow II. t'aptaiii doiies has since informed me that In- ar- rested her a!»ont in o'clock Siimlay iiioiiiin^-, and hroiinht her to this port. I am now makiii;^ a tlioron^h examination, and will forward fall report as soon as concluded. Very resp<'ctlnlly \;c !•;. M. ClfKCOK'V I'liiltil Sliitts Mtir.slitil. l'tt»ti:rn It'istr'ut tif I't nnsijh'anit lion. John K. \' Ai.i.NriNF. Axsixtdiif I iiittil :'^t/tffs Affitnin/. /,/, A'fiiiti At lor in II M:>X^N ! \ VMA, , A>i;t*<*t \S IS«i!l. ^►»telv oti the ri'ccp -^mI Inited Stall- iiei tlornet until ;i i (!TO] "I in.losiiiv 'i.\ ('tij)ttiiii 'foiii'.s til Mr. \ lilt lit i III ,, iis.sisfuiit illstritt iittortii'i/. J'F.VF.NFi; ('FTrFK .MlAMl, Auffil.st H'>, \Sm. Sir : In lejdy to your letter of this date in r«'jiaid to th«' steamer Hornet, 1 lia\e to state that y«'ster«lay, Sunday, iiiornin;;, at ahoiil li.lOa. III., I'liiteil Stiiti's marshal (Irepny \isitedmy xcssel ; I was then at iiiiehor '»etween Jfeedy Island and Lislon's tree. The marshal reipiested , .1 ll,lji.jf^puili V.l I ' 830 IKKVTV or WASIIlNijrON I'AI'KFJS A('( OMI'ANVINfi 1^ if! ! I TIM' to jtl«'\(lit (he stCiiiMtT lloiiu't IVoiii p)iii,i:" to st ;i. At iihoiit lO.lt) ;i. 111. 1 (lisrov«'r«'«l this ncsscI <'oiiiiii;;- «|»»\\ii tlic river iiiidcr ;i full liriid of stciim. I rlciircd i\\\,\\ the st;nl>oiii ;ittiMy. lirrtl Miiiik ciirtrid;^!', ;iii(l sli.ttlcd till' uuii, pii'piirod to lire unless slie e;ime to ;iiiclior. She iliiitie(Ii;i|f!y loiilideil to. 1 then sent ;in olVlcei' on l»o;ird ;ind diieeteil him to tiike eli;ir;;(' ot' the vessel. In ordei- th;>f there mi;iht I»e :iii e\ :iiiiin:itioii hy the jiioper ollieeis of the (loveriiiiient. I h;i ve Itiou^ht her to this citv. w I'l-re she now lies iiiieliored at the nav\ vaitl under the ^UIl^ of iii\ slli|.. \'el\ I'«'sp('ettllllv, • .lOllN M. .lOM'.S. Cxptnln rnlfdl Slufcs liirt iii(( St( >iiiur Mkihu'. .IniiN It. \'Ai.i:NriM;, !:s<|.. Assi.-.iidit f'uifrl Stiiti.s Affttrnrif. 1 i:^ [1I(>J *Mr. F'uUl. Acdin/ Attotnrii . Aitiiiij AllotmydeixeraL lion. .1. ( . W. Davis. .[(tiiniSrcrctai'ifof'StfiU. { liii lii-iiif Nil 1. 1 Mr. Wihiifiiit , ii.snistiiiit ilistrirt attnniri/, to \fr. Firhl, Actintj Attonii i' finirml. On UK (»!• I'NITKh STAir.S .\rTni;.\K\ , [Ulj "llA.siKii.N DisTia* I Ml Pr,.\.\sN : \ \ma, l'liihflrli>liiti, A>i;,H.st 17, If^**'* SiK; I lla^^' the Imuku' to ineloie herewith a copy of a letter fnui Marshal Mie^nuy. in iei:aid to the sieaieer |f<»ni»t. together with a cop.v o) a repo' 1 iinule Jo him in tin east' l»y .lohn H. \ oiiiiy. I hav ' no personal kiiowW-tl;:-e of the taefs in rej^ard to this steaimi It is proper, however, th.it I should stale that the marshal has aete-i with the iitmcsl dispaleh in the matier, and that I am wi'll ae«piaiiiteil I'ANVINd At ;il>i>Mt l<».l(> iuhUt ;i lull \\v,u\ l)I;nik (Mrhid;;^. t(» aiiclinr. Slic >;ii(l ;mf :>M r\ ll;lVcl»rt>ll^llt ln'l' v v:u. inoniiti;i" IVoin tlif •rimsvlvMiiri, witli Tllll.' Mil' ii'» li""'" sc |»;ilM'l-^ iiiid the s sfiil vitn ill ni.\ tliis oliirt' sim|»l.\ .lolin Kiiilfii. <'s<|.. [•s, M>^l■ \s\ ; \ \MA, .[,i,,i(.si IT, lS*.i» ,\ of a h'ttt'i' iKMi (M.-tii.T witli a«'oi'.\ 1(1 to this strniiK I marshal has acd'; III wi'll a«'i|iiaiiit"i Willi Mr. .IdliM II. Vomi;;-, wIimiii hf riill.MJ to liis ii-.>ixt;m(»'. .Mr. Voiiii-4- was loiiiicily a |>i i/c coiiiiMissittiH'r. having Imm-ii a|t|.oiiitc»l l»v his honor .Iu(I-i' Cadwaladcr. Me wiis. loi- m.my vciiis. uiiistn ot a iiifirhaiif vrs- st-1, ami is pcriiliail.v wrll (|ii;ililic(l to "iiiak.' iln- .•\aiiiin,iiion ha- the marshal. The vessel ni piesi'iit is aiieliored ;if tin* navy \iir»l. nmler the -uiis of the icvfiiiie eiiiier. Her «leir the lulit-clor of the port ((M'oinmiinieale with xoii on the >ul»ject. Very lespeet fully, iV,<'., .iOllN K. \ AhKNTiNi:, Asiiixtdiit f'liifal Sf'itis Attonuy. Ifon. \V. A. Fii'.i.i). .le//'//7 Mhtrnnftnunml. [Iiicldxtirf Nil. '.'.] }fr. (hu'fforii. iniiislinl, t'> Mr Smith, (listtit't nitoninj, rM'i i:i» Sta n:s M \i;sii M.'s Oi iK'K, 1v\sti;k'n DisruK t oi I'kn.nsvia ama, I'h •:>:,!, ii>i,;,!. A>'f!u..t 17, isnn, Sii;: hi eoinplianee with yoin- letpiest 1 heieuith >nlimit a report t)f the inspeeiidii of the st»'amer lloinet, th-i.tiiied hy me for snspeeted vio- lation of the iientiality laws of the Inited States, in order that tho inspeetion iiiii;lit ite a thoinii^li one. I ealled to my as>i -laiiee John 11. Noun;;, esi|.. ;; ;;enllelitan of laiieh expeiienee in .sai{v. Ciiitfil St'ifix Mtirshal. lion. .\i"i!i;i",^ II. SMii'it. I'nitiil Stairs l>lstiipecttull\ '•nlnnil : lirst, an examimilion «»f the papers simwed that her ih->iination wa.s Halifax. Nova Scotia, and <^Mieeiisto\vn, Ireland: the shippin^c articles iiad the names of thirty five ollieers, seamen, tiremen. and coal passers, all in the re;;iilar form; the naim's of the ehief I'liirineer and his f\v«) assistants, however, were not on the arliele.s : with this addition, the « rew all t»)hl are thirty oij^dit men. sn2 TI.'KATV OV \V.\SlII\(i|nN I'AI'KKS A( roMI'ANYINt: li ■!■■ I* li ^ Tlit> IIoriH-t i^ :ilM)iit niiii' ]iiiii<1i'(m1 tons Itiuilrii. Imilt of iron, siili>- wliri'ls, :inni tlit- littin;;sart' ot'oii;:inal const iiict ion, and would involve coiisitiiTalili' cxixnst' to taK«- tlifiii au a.v. SIm' lias oil lioaid two Imndrcd and lomtrcii tt»ns of roal, (rrct'iiits luodiicfil. all in tin* l)iinki>rs,('\«('|>t about tif'tt'cii tons in ha;:snii d<-tk tior iiiiiiit'diatf use. 'rin'rn.Ljiiii'1'r states ln'i('onsiiiiipti(»n at al»oiif thirty liv«' toii< a day. and tVom the appearance of the lire smia«'e. and si/.e of the l»oiler>. tfii^ i>' in <-oiitoriiiity with niy own Jiid;:iiient. On this basis it Would ;:i\e her eoal «'apaeity for about six days' steaniiiiir. In addition to the eoal llieie are altoiit foiii- e(»rds of oak wnnd. The rabin. ward room, steerage, and foieea>tIe are filled up in tlu' usual niaiiiier lor the aeeoininodatioii of the otVieers and erew, 'I'lie -ilor»'s are ample, but Hot exeessixc, (except in the iirticles ol beans, of which there are twelve barrels: su;^'ar seven barrels, ami \\liisk\ twelve half barrels) for a voya;;e t(» llalitax and <^iicensto\\ n. Tiieiv are four bales of mattresses, (alinut forty ei^^I't i' :»"» the berths are fitted with those arlicles, the extra mattresses would seem to i»e siipertlnniis. There are tour yood boats, all fitted with spars, (for sails.) with boat comp.isx-s, \i-. iiilimatioii liaviii;^ been <:i\en that the nia;;a/.ine con taiiicd arms and other articles of an ille;,Ml ehara<-ter. an exami f 1 !.■»! nation "showed that no truth existetl for such report, as they were tbiind empty. All the store ro<»ms and lockers were strictly ex- amined : the contents (Stores) were such as arc usually j»la«'cd in those compartments. It was lurther stated that the coal bunkers contaim-d ;;uns and other munitions of wai. but this I siilmiit can be cleaily di>pr«tved, for tlie rea>on tiiat the bunkers are constructed with permMiieni iriui bulkheads at each end. while the oiil\ <»peniii;^s are a small .slide thuu' for the admis>i'in of coal into the lire room, and the man hole to eaeh bunkei oil de<-k for pultiii;,' the coal in ; these o|M'niii;;s i>ein;,'of >ni.ill diamelti. will Hot admit aii,\ uiins bi't those of a small caliber. In coiiclnsioii. tilt examination induces me to say that, except her ability to carry co;il siitlicieiit lor a \o\a;;e tt» (^>iieeiis|owii, there is no api»earaiice of aii.s tiling ille;:al on board ilu- sai 1 steamship lloriiet. Ilcspcrtfllllx submitted. .lOlIX II. VOINC. I". M. (ii:r.<;<>i;\ , l!s(|., I iiitiil States M 1 1 Hi] *Mr. I'll hi. Ailiiuj Aftonii!/ (tniirnl, to Mr. linrhur, Inittil Statts min'shul. ['I'clrnrinii.j F. ('. I'.AUr.ow. Ksq., Fnitrd Si'ttcs ^fa>•.sl^l(l, Xcir Y,»rk Cttif : Have von anv imp(utant facts alioiit tin- steamer Hornet .' W. A. FIKIJ). Actiny Attormy (kmrnL AN YIN* ; ilt ot* iron, siilo- iHiil is 111 rvciy III slioit in. wavtl il MKiinu'i lor tin' n tlu' Jirtiilt's ul vi-n liaiirls. ami ll (^»ll«-«-||St«»\VII. t ; as tin* ItiMtlls k.uiM st'i'in to h«' r sails.' with hoat thf iiia;:a/ini' com aiart.T. an rxaiiii •port, as tln-v \n«'1c s \vi-r«' >tri«-tl.v r\ lly i»hu«Ml ill IhoM 1(1 ;:Mns an«l otln r •li>|»ro\r(l, for till' lit iron ItiilUlnails >li.l«- «loor lor thr ih- to »;nh IniiiKii ,.t' siiiarMliaimtt I. i.,. In .uiiclnsiiiii. I.ility to «any coil ippcaiaiKc oi aii> cniNi Kir I \sr. np iiir, r\i!ii» >-rA!i>. Mr. Ihnis, ArttiHj S^vntori/ o/' Shif>. /.. 1/,-. lUtufircU, Sntrfnt-ii of the Trrtisuiif, Dl-.I'AI.' IMI.N I (.!• Sr.M i;. WoshiiKiUm, .luhi I Si. 1>(11». Siu: I lia\c the honor to im-losr for yoiii inlnrmalion a •t'lruiain. v\lii(li lias just Ittcii iiTfi\r»l iVoin tin- Tiiitrd Stjiics inaishal for tin- sonlhi'iii district of New York, and will I hank yon for yoiir virus upon the siiltjcct to whifli it relates, in (irdcr tli.it I niiy iepl\ thereto as promptly as possible. 1 lta\i' lln- honor to In-, sir, \uur ohcdieiit ser\:int. .1. < . i;. h.WiS. Art'niil St I II till I/, Jlon. (ii:(»i{i;i: S. r./ Sfittt , in Mr. liiiilinr, I'liltiil SffitiSindislinl. [Tclt'i;!;!!!!. ] 1 1 7 1 • I )ki'ai;tm!:nt of Statk, Wil.sllillfltnil. AllllKSt \<. ISli'.l. Ml'. I''|J AN< IS ('. llVUI.oW . I'llUnl Stiitis .]l,i isliiil, .\i ir )i>iL-: Siif: The district attorney at I'hiladelphia advises ilmt the Hornet iie releasfd. lie has had an examination made, and linds no siispieion^ ri I en instances w hieli w arrant I ni t her detention. The At torne\ ( iem-ral Mcomnieiids thf same coiu.M'. ll.ive\(m an\ facts u liieh uoiild justify i>; in (h'taiiiiii;; her ? d. ('. 15. DAVIS, Arliiiij Si III hu'il. iti N II. vol Ni; Inir, I'liiUd St AinjiiHt IS, l.S«;!>. k City : lloriiet A. 11 KM). Attvrniy Uimx' ll. Ili(ii(iii\ L ni'i'tl Sliitrs ihpitfi/ iiiniHli'd. Id Mr. /'Vv/f, Stir'fiirif <>/ Stiff r. T^Nirr.i' Srvirs Mai.'siiai.'s Oi rn i:. ,s«»i iiii;i;.\ Disii.M r of Ni.w Vhi.'k, \rir Yorh; .\k(iiisI I't. IStiO. >ii; : Inchtsed phiiM' lind all the iiilormatittii 1 have relati\e to tlio |H"iiic|. As the Alloriiey-deneral made the >^ame re(|iicst for informa- I a.^ tile Slate I Jepait lucUt, wonid il not l>e well lor that olhcer to svr iclosed slateim'iit 'Voi;: luir det«'Ctive.s " Kil ■ W 11 I have the honor to lu-. >ir, v«'iy H'specl fully. ^:c linn. Hamilt(>\ Fish. S. i:. MAIM.OW. lU'jmiji Miirshitl, Srrrrtiini i>f Sfufc, o.> A s:; I iK'r.ATV MF \vA>m\«.n»\ — r\i'r.i;s uritMi-ANviNt; r ' ■--■■ k *f (11-] '[liuliniin- X.u I.) Ml. Ihirix tit Ml-, /tiiihur, rniftil SfaUn tMatshal. Nr.w Y«»i;k. .Xmiusf 1«», Isi'.n. I'l," \\( IS ('. ll\i;i.M\V. In'ittil .st.it.M M,ir»li.il. \t ir >'..»/. i'itii : hl.Ai: Sii:: 111 rr;:;iii| to till' >« i/iin* ••! tli** '^Iimiiui IIuiimI :it I'liil: tit Ipliia \*\ till- I iiitril Si;ii«-<. :iiiili. \Mii « ;ill:iii |i| ;\ ;ilti*r. On .liil\ ■'•I. I ii|M)iliil ti>>oii ili.it till* lloiiM't Wiis Ixiii;: :it tin* .\:il oi* Ntiitif «\ i.ixv. ill K«'iisiii<:toii. i'liilailflpliM. uilli a liii;;f iiiiihImi < im II (III iMi;ili|. wlioUrlr |Mr|iii: lli;: ||»-| Imi artixr s«-| \ jfc. Slii- \\;\ toi iniil> all llliuli")! l>l«M-kail«- liiiilifi. ali«l dinili;^ llif war was rapt lire ]•> tli«' riiit<*i| Stall's. I all«l \t»ii nil till' saiiir dale tlial \\«- ha iiitoMiiatioii that a <'a|>taiti K^liii;:. i>l l'liiia«i«-l|ihia. Iiati Ih i n lalkiii;: t a Pclauaic i>a> pihit in ii-;:ai«l to taking a '>li-aiii>hl|) out u! the pnit i Phil. xh-lpiiia. ami th«- |tili)t ha«l .i;:i«-« il In )>]arc hn uiit^iiir ot t lir lu toi tin- Mini 4(1 j«.".iio. 'I In- '>tiaii><-i liiat <'a|itaiii Ksliiiy rfliMicil to. w altiiwaitl h-aiiMii tmiii ti:** >aiiif antliitiily. was tlir lloinrt. <) [I ll»| -\ll;;ll>t I. I l<'|»«»| t«-il •!•• \iHI til. II \»i* w»-li' >lill k»-r|»lli;i watt h t ihrM-sM-i whirh wa- filliii;: i>iit : llial yn-at irtiroiMM- was oli.v rv«*( lis t.t luT tiotiiiafiiin. '.••nil' of tin- parlifs '»ii\iiij; that ^Iw wav iiiIlliat >ii*- wa^ iiiii-ml«-i| t'nr tli \\ ••»! Imlii's. aihl otln r> that >Im- was ;:l th«- AiiM-iieaii otVicri's who li;ii Im-iii. .i:iiI i> now . roiim-rtfil w ith ilic t 'iiii.iii .iuiita. Iiaii saiil that li«- ii.n soiia- iiitoi malioii woilh to ih*- .li:itl.i .M\iial thoii>aml tlollais. ami i thc\ «iiil not tn-at him jiioli\. h«- woii!t| «h\iil^i- the srcirt. (i<'iii'i',i| 1;^ii;m io Air.iio. \\h«» ha"* U-t-ii airfstt-*! lor a iuiMrli <•!' tin- m iili.il law s. a II* I w ho i<« oiitor tin- rnl>aii .limta in lhis<-il>. ImmdI of t he iIim- whu-ii this otlh't'i- was making, ami an aii;:t\ altnr.itioii i-nsticd hitu: tin III i«-;_Mnliii;: it. On .Vii;:a>i I i. tt ua> ri'iHutfil aioiiini lh«* «h»<-ks at w hirh tiif lloiii wa>l\iii^ that >hc woiiltl rU-ai t'oi il.ihtax. ami thru uo to < 'iil>,i. hir,::«- <|itantil; «>t liaiil l»it-ail aiai <-aiiiii-«i t'liiils wim<* put on lioai (-oiixt-i^atioii with >ti.iii. Iiiloi III; tioii wa^ al-Mi olitaim**! that lii«' rirw h.ul Itccii [>aiii \l'^^ •••aril. .S wi-n- |iiil on hoanl whi«-h v.«m«- siippovid Im- ;;rap|'!inL' litMik.-. Jiiit tin \ att<-iwailii' wa> to >,. ni;:ht ortoiiioriow I'rom l'hil.id<-lphia. i:ail\ this a. III. ot tlM> I'ifh. iii rhii.ith-lphi.i. Wf had information ; tlif I Jonirt'.N •^■.i. - wa\ ha |mii on !i>'.ii that In r t'ii.!.'im-»'i>aiid riiw wt-n- to nuiiilifr !oil\ t wo im-ii. and llii: >| aitnaiiu'iit would \h' if<-fi\«'d at M-a. r|M»n Aii;:ust l."», .1 a. in. " datt'. iiini wrii- ;:oiii^ on lN>ard. Om- who wriit on hoard in :i .s|ioi!tr«l as In* Was ;:oiii^ on. *-Miirr:ih lor f'lilia."' Altout ."»..'lti a. i' hit riiiladtlphia. sti'aiiiiii;; liowii th«- hav. In the liiiirv ot If :\ III. tram laiimh. L's lut hui-. wa-. h-lt at thi- wharl ol Nralir \ I.' \.\ tin niaihimi \ tor tin- laiimh wason iMiaid th«- lloi imI. At h-ist tu tivi* im-ii who Win- >hip|M-«| torthe cn-w did not {jo on boanl.tlj [151] liiiviii;; *Ik-<'Ii on shon* drunk. I'VNYINO , llnliMl :it »*liil:> s hii.-iit tin- >i".i ouMi.K <\sr. Ml' I hi: iMir.i* stahs. M'lVUf. Slir \n:i-' ,,, out omMi'-n .'t .,. olUM.l.-ot \Ur\>M ^Hiil: iviniitl |.». \^' vx... ll.r llnV.Ml. «'" [HI kn'l»nji ^^ :»«''' "' .,„«-lir.-Nx:isoW>.rY. !,.„ >!,.• \v;»> ml''"'-"'' as iiitrii.l««l lor li' li:i. , , i,.;,M otVirrV- v\l"' '"' l.a.Uai.l Hi;.t I." !« " „„>:ina.lnUiMS. :tlM n„. MT.vt. *•.'"-' ,..l, ot i!w n.nti.iin« x.h,-:inl. .rHi.-tlnv.il- ih.Mi liotoiulM. .,,. put 'ni l.o;U«l. 1 ,anoM>Nit»i >tiii".-'';| vv h.i.l U«-.'ii I'll"' •• ,,,i,.U v.r.r SIMM"-"', „v..HoiM-h.Mil..-;- ,.,„o».. -n ;i^vii>- '"' .,1 NX nil 111.- .« Ill""- '':' M..ti..n.vahuM.-l-" ,.l NN,tl. tin- .I'li'l^'l'" l,.,t >li.' ^v-«^ '" "' l.a.l intonii;iti'>" tn; ri.i.iii«^M»«»«"''l'":'^;:" ,~Ax..im-i..;iuaili.|. .,„ on l»«»ava III :« ^ , • Wu.nt :..:'.«• a. '"•^'"^ I tot Ni-atH'^^ '' • , 1 Ua not goon lM'=<"l"' A |iri>iiifiliiioii ot' lililMistfi^. I»iit tiiat slic \v;is ii|tiii*iti| to :nt ;is a |»ii\aliM'r, antl on ac roiiiit of III r s«i/iir«- tilt* .liiiita. alilioii^li not tlircctly toniMM-tril w iili lici, will trati^ti-i tlh-ir I'n-M oi' I.iImu ;o tli<>s«> ot' opi-n | torts. Tli.it tin- lloMict wan a |>i i\at«- riili-i |>i i>*-. aii*t rai i ii-«l a )«•< t<'i' iiT Miai-<|iii- IV' mi < 'i-s|MMlf.s, wliirli li-ttiT wax olitaiin'il iliion;;;li tin- t'lilian .liiiita. That Iht Mi/.iiii' has «li<4arraii;;fi| tlf plans of t In- 'hnita. ami will ri'taiil tlit'iit'partni'c of all r\|M'i|ition now in pioyrt'ss ot' coinitlft ion. Aiiotlirr pioiiijiicnt Aiiirr- iraii olVniT of t!n' .liMita >ailfitia> that a ti-lf-iaiii ha»l Immii ri'- (•••ivt'tl !•> thi-.liiiita t'roiii I'hilath-lphia. tin* pnrpoi: of whirh was that any ainoiiiit of >rfmii\ wouhl Iifnivm lor the llornft. aiiij nn'inln'is of t In* .inula »-otilii|«-ntl> r\|MM trtj that >hr uoiihl l>r ulrascd to»!ay. Tlif .liinta.aml partifs coinuMti'il with tiicni in thoir llliimst«M- ! l."»L'' inu. ar«* vriy irlicmt. and Ufcp tin-ii plans s\ hat flii'V an- doiiiix. It is a iiioial n-rtiiiity that this vcsm-l was inlf-tidcd tor .1 pii\ at«'«-r. liiil if will Ik* vrr\ tliilhult to ;:<'t rnon^'h h',:xal Tt'stiinony to hold hi-r. I ha\i- int'oi inatioii t'rom i'liil.idclphia that made ti* tin- State hrpart- noMit at W.iNhiiiutoii a lull irpoit of thr s«'i/.iu«'. and what was fnimi oii Itoard. .Mid I am now ••xpt-rtiii.: trotn oiir siipcrintriahMit in I'iiilath-lphia .1 n-poi5 i;i\ iii;^ tin* naiiH's ol .ill tin- p.irtit > on Itoaid. and whfilici lln-y .III !»«• idrntilii-il as lia\iiiLr I'm-h lonin-rtrd with aiis liliinistniny,' «'.\|h' ditions in tin- p.is*. A!tli<»ii-Ii wln-n sri/cd sin* li.id otijx fi\o im-n on iioaid. \»t tln'M' Writ' pio\ isioiis cnoii;.'!! t.M live hiiinlrrd luia vo\a;^»'of •\\o or tliiit- wi'ck^. As soon as 1 rt'ctivf niitlicr iiilorinatioii, I will -|M'rdil\ ronvi'V it to \on. Voiirs. tinh. 11. W. hA\ l'^. Stuiii iiitnuhut. \y.\\ "Mr. Horlnir. tUituhj I ullvil Shifts murxlidLfo Mr. Flsli. Srcntorif i./Stntr. T'NiTi:i> Sim IS M \i!sir\i*s oriK i:. Sin iiii.i:.N D'siijn I ••) Ni-.w Vmi:k. \,ir Yorh; AmiKst jii. ISll'.J. SiK: 1 hav»- tin- honor to forward tin* foUowin- additional iiifiH iiiati<»ii i.-lali\f to till- ll.nnrt. -.ithnvd hv m.\ drtcctives. I ha\ <• r.li'-iaphrd '.on th.it .Mi-Nnlt\ and hiiMos.-, w lio i.n- >aid tolicon lioard liif llnint-i, ..ri- ani'>t«-d In-n' tor a violation oi tin' iKMitralily laws, and \\< le dis- liar^ri'd on tin ir ow)i rrro-nizancf. VrlV rrsptttllllh . S. i;. IIAK'I.OW. Jhjiutif Morshdl. lion. H AMI! TON Kisii. Mr. I ni'!' < ( Im Infill.- No. l.J /.. 1//-. Jl'ulnir. Initni Sfatcn miirshaL NrA\ ViiKix. AiitiKst 10, ism>. 1 of thisdatr, 1 hav«- rtciMVcd iiifor- Iroln IMiiiadfiphia that 'Doctors Mi-NuUy and Dnr.oso, who were hKAU Sill: Siiu-o my tirst ri'por nation ^> *>. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I S10 IM |Z2 2.0 1.8 1.25 1.4 1 6 ^m 6" ► .^ V] v .9 >y C*. 'c>^ O A- '-^' ^ ^/a "# / Riotographic Sciences Corporation 33 WfST M>MN STr-fl WEBSTER, NY 4'iM (716) •72-4i03 ,*^ «?x "^' #j: 7.A <> !^r.() riJl'.AlV OF \VAS111N(;T<»N r.M'KK'S A((().\[|'A\VIX *to keep tlu' pracc of tlic rnitcd States, w«'i(' loMiid on hoard the stcanuT lloiiict. in IMiila dclplii.i. nndcr tlic assnnicd naun's of I'.rooks and Perkins, lia\ inu' been taken on board at Clu'ster, Pennsylva'nia, after the shi[» had left Phihi delj)Iiia. i'lierc is nt» mistake about tliese men, because F liave h;id theai i(h'n titieil !!y:ip;iit\ who knows them well. A jtromiiM'iit »»!li<'er of the .Tnnia said yestei(hiy that, they were IouikI on board, eousefpiently I dispatched a party from here to ich'iUify tlu'in. Captain IJ. A. K'and. wlio was on boar were V. iilidiawn. After the Hoi'iiet was captured by the (iovernmen' slie was used for soum' time as a yavht lor the lat(^ President Lincoln. As 1 iiifctrnu'd you in my pi-evious report, Captain I'^sliui;' ottered a Dela ware J'»ay pilot .'j<.->00 to talvc her outside the bar, leaving' an impiessn)ii on the pilot's mind that she was on sonu' ille,i;itimate busiiu'ss. ( 'aptaiii Eslin^was found on board in command. He is an old Philadelphia sea captain. The jiihtt's name is Maull. Yoius, lespecttully, ir. W. DAVIKS. tSKinrottt'tuk-iif. Francis C. 1>ai;i.(>\v, iCs<(., (iiiUtl Shttcs MaisJial, A'r/r Vork. I.i:.\()X, MASsAciirsKTrs, Amjiist I 'J, is<;',>. Sn; : I have the honor to acknowled;;e the receipt of your tele,i,'rani of yesterday. in(piirin;^' for infornnitiou touehinj;- the Hornet, I had already reeeix'ed a telegram from the Sceretar.\ of State askiiiu for the sanu' informal icm, ami had directecl it t<» i)e tele,L:ra|)hed frimi New York, and, therefore, as 1 teley the iawolliceis, 1 have always acted «Mi the piineiple that it was best to be «m the safe side, an«l that it wa> better that a vessel here and there sluudd be detained for a day or two. than that anything;' should escape. \'ei v res[M'ct fully, FUAXCKS C. PARLOW, UniU'il ISftttcs Maixhal. Hon. H. W. HoAiJ, Attorney (icneral. * M PAN Y IXC nility liiws, ;iiul r< IM'Mci'of the iMiittH; Hornet, in riiiUi rkins, li;ivin^- lu'ci! ;liip IkhI left rhihi iiv<' li;ul th(':n u\vu- lu'iit ollici'i- of 111" ,1(1, <'oiis(Min('ntlv I iiptain l'>. A. Kand. 't. A (lispatclMViiN if the captiuii wa- t he is not res[)onsi- > for the vessel tih')-n'!i(l< lUiK . of your teh'.t,'rain <' oinet. ary of State asUiii. )e teleurai>hehal tluit the llorui: ili,uate and detain i lief, thon-ih possihI> (•ondenination. belore ;.on for yoiii rentlve ollieers »>nn| have always aetf' ide, and that it bil- led lor a day or twf ('. ilAlJLONV, 'i). Aitiinj Attoiiuy-dtmral. lion. ,1. ('. 15. Davis, Acthuj Sccirtdri/ of State. [Iiicldsuif No. 1.] Mr. Valcntiiu; assistant ilistrict attorney^ to Mr. Fidd^ Avtinrf Attorney- General. Office of United States Attorney, Eastei;n J)istijict of I'ennsvlvania, riiiladelphia, Auyust -20. ISO!). Sir: 1 have the honor to inclose herewith a copy of a telegram re- ceived by Marshal (ire<;'ory. He states that Dullose and McXnlty, the parties mimed in the tele- .uram. are on board of the Hornet. N'erv respectfnllv. JOHN K. A'ALKNTINK, Assistant i'nifcfl States Attorney. lion. W. A. I'^iEi.i), Acting Attorney-General. fl.'w] *[liicl(>siir<' No. •,'.] Mr. llarloir, deputy marshal, to Mr. Greyory. marshal. New Voki\, Anyusf 1!», ISdlK K. M. CilIEiiORV, United States Marshal, 1 t.'JS Xortli Thirteenth street : DnUose and M(!Xulty were arrested ,lnne L*.) for a violation of neu- trality laws, and, after remainin;^- in Jail some time, were dischavj^ed on '.heir own reco^^nizaiice. S. j;. HAIM.OW, l>c)nity Marshal. Mr. Hunter, Seeond Assistant Se<-retary of State, to Mr. Field, Acting Attorney-General. Department of State, Washington, August 2 Dear Sir: In view of the douDtwliich may yet remain in the Hornet, from the fact stated in the inclosed commnnicati* .»(), imK the case of ons of the 838 TKr.A'PY OF WA.Slll.\!>| t'urtlier use of *rovenuo cutter and naval foico, so far as p(»ssil)le, \it\i. must prevent any lilihu.^terinj;' expedition tj'om lea\ iny, (.r from Join in, 14 the Hornet, which you icport as (Uitsi(h>. The Attorney General w ill ;;i\»' yon special instructi(ms on tho jtoinls, J. C. IJ. DAVIS, Actiinj Seeretari/. Mr. Ifo"r, Attoriieydeneral, to Mr. Ilarloa'^ United States inttrshal. Washington, Scjitcmlier l»!», ISd'.i. Siu : I have the lionor to m-knowlod-ro tho receipt of your letter ol yesterday, rolatinj;' to expodilimis for (.'uUii in violatitui of the neutral ity laws, aiid of your telei^ram this morinng respecting- the steamoi Jlurnet. CAW INC kc tlic i('si»onsi- / al (»r Mv. l>avi>. iirNTi:i:, ,s7((/// Si(r((((rii. I'OlNTKli <'AS|', OK 'iMIi: INni:i> SIA ii:s. 8:iO i,(Ji.slii(i athrnuj!. tin : iiiiikc nil (Icsircii iiixl ; ciintioii him tln'V may 1h' usimI y. and scud lu'ic. V of tlic lnMtl «)t' a tody of lilt' Xav\ ,1 to i('C('i\f lifi. A. i'lHId), {ttonttii-drtni-al. "niteil Stati'i mar- SrATi"., >,tn,ihrr '2\\ ISO'.). >rk : il iiistriici you to ill st'ciuc lor yoi; so lar as ixtssihli'. 1 Irom Icaviiiji', <'^' »'. The AttoriK-y ts. n. DAVIS, ActiiKi Strit'tnry. ,St(ifcs iiKirshal. I,tcmhfr L".>, ISdlt. )t of your letter ot ou ol" the lu'utiiil (,'tiiig the steiiiUL'i \ AVhih^ Ihe stcaiuei' lloiiict is on tin- lii-,di seas, not haviiij,' left our ports uMlawliilly, I can sec mo authority in law for scixiny' her, uldess she is an armed piratical vessel, and \vc have nodiity rcspcctin;;- hcrdilVcrcnt from that which liclon^s to all civili/ed ;;ovcVnnuMirs. Tjntil lurther evidence or information is icccivcd c((m'crnin- hci, I .lo not sec that wo are called upon to employ tin- nav.il forccof tlie Tnitcd States in arrest- ing- oi- detaining; her. i;m it is onr duty under the nciii rality laws to prevent, if possihlc, the dcpiriurc of any e\p.-dition Iron tiiis c,>nntry of a hostile chaiactcr against a nation with which we are at peace. fKidj *I therefore desi-.e that yon shall do all in yoiu- power to pre- vent any sn( h expeditior. Joininn' the Hornet. i>r in any maiiuer violalin;;' the laws of the country, and you aie authori/ed to employ a revenue cutter whenever, in your Judu'ment, it shall he necessary to ac- complish that object. The Secretary of the Treasniy informs me that he has ,uiveu oiders to furnish a reveiuie-curter whenever you ai)i)Iy for it for that purpose. \'ery res[»ectfully, E. II. IIOAK. Atlonuii-ticiii ml. FkA-NCLS C. 15ai;l()\v, Ivsip, f^uKcd Stah.s Murshxl. Xnr I'm']: Citij. ^fr. li'trltur, Uniti'd Stutcx )ii(in, inlormin,:!;' nu' tiiat the Secretary of the Treasary has [tlaced a cutter at my disposal when 1 call for it. There are \arious rumors to the eilei-t that the Hornet is outside ; also, that supplies and some men had joined [wv at su'ndry times. If she is there, 1 have uo diuiht that these last rumors are well founded. |l(jlj *A lar^e \<'ssel lu-inii' oil' the port, it is imi)ossibI(> to picvent schooners ami small boats from conveyin_u' coal, ^iuiis. and a tew nuMMU their lud Is, and .ycttini^out. 'I'lieic are t luce ways of iitM tin <;• out — Hell (!ate. the Narrows, and the Kills — and the thiny' when carrit'd out in tliis small way caunot be stopped. The only way is to clear otf the coast the vessels lyin.:i: in wait. It is also ruuHtrcd that on Saturday ni,uht last a lar^e number of men W(Mit out as an exp«'dition. I have no reason to believe that this story is tru(^ ; but there was nothiuji' to prevent it. Oil Saturday last all the re\enue-cutters wer(^ withdrawn from uiuler luy orders aiul remove«l friun their stations in the liarbor without any iiitormatioii to me of the fact. I only accidentally found it out. and the harbor has since that time been free from (uitTeis and detectiv(>s to stop anythin.ii'. If the Hornet <'onu's into ttur waters, and there takes on board coal, jiuiis, amiuiiuitiou, crcw, or stort's to assist in her fittinj;' out as a i>ri- vateer, I understand her action to be within the third section of the neutrality act, and ille;;al. And if I liiid that she has doiu' or is doiiij;- these, I shall deiaiii her, unless otherwise ordered by you. [102J The district attorney agrees with me in this iii*terpretatiou of the law. I ■fi' 5. m i. ' f I!* 'id 84(1 IHKATV OF WASH lN(i ION |-A1'1;K\S AC (OMrANVING Oil aiiy otlirr lliooiy, ii vessel niiulit Iciive tlii^ l-]iiulisli ports wholly innoci'iit ill licr coiKlition. iiiid take on lioaiil all lier annainent anil sti|)- ])lit's in onr liarhor \vitl(oiil \iolatin.u onr neuliality act. 1 suppose llie Mnlerpe will sail to le »S: Co. had not m)tirn'd nm that the ^uns were yoin^' in her, and I at lirst suspected tiu-y were for the Cubans. 1 have just sent the revenue cutler Sewartl to look up the Ffonu't, with instruelioiis that if she is found an\ where within three mih's ol' onr coast, that she shall 1m' detained if she is or hti.s hccii enjiimcd in receivinji' from .Vnu'rican ])orts arms, men, .nuns, stores, or snp|>lies. Jf she has received ani/ ixirt of her '■\l'iin\ishhui or /iltiiif/ tuif' in our waters, I think she is linlde to seizure under section thi'ci^ of tlu' neu- trality act, even thou;;h you do not lind her within our v.at«M's ; hut the distrii't attorney thinks she had better not be touchetl, unless wo lind her within a mariiu' leauin', and therefore 1 have so ordered. \'erv resix'clfullv. FKAXCI8 C. r.AlfLOW, r lilted iSUttcs MarxhaL H(m. K. 1{. Ho A I?, AHonici/(f"iri^i) States of Amhkica, State of Xorfli Carolina : To the United States marshal for the district of Xorth Carolina, or his lawful (h'lmty : A\'hereas information, upon «>ath, has Immmi made by Denard Ifumley to nu'. Allen IJuthertbrd. I'nited States commissituier, that the steanu'r Lady Sterling, <(///f,s Ilorui't and Cuba, or by whatever nanu' called, has been litte«l out an«l armed within the Hunts of the [Juited States, and is now en^iajicd in takinji in coal and supplies in the Ca|)e I'ear IMxcr. at or near SndtliN ille, Xoith Caiolina, for the ])urpose and with intent to (;(uumit hostilities against the subjects and property of Spain, with whom the Cnited States are at jieace, and partii-ularly that the said stciimer, Uov otUcers and crew, are lifted out.armeil. and ory;ani/-.'d v/ith intent to «*omnnt hostilities a;;ainst the people and property of the island of Cuba in said ishuul and upon the hi.uh seas, as a privat.cr ; These are, therefore, to conumind you, in the name of the I'resitU'Ut ol'the United States, to summon sucli force as may be necessary, and to seize, arrest, and detain in youi' custody the steatiier Lady Sterliuu', alias Iloinet and Cuba, or by whatever imnu» t'alled, s(» that you have it, and there before nu; to answer the <*harjj[e of violatinji; section .» of the neutrality laws of the United States ai>proveil April 20, 1S18, within tlu' time prescribed by at Wibninf^ton, in the State of North Carolina. Herein fail not. Given under my hand and seal the 4th (1, unless we liml rdeied. HAlfLOW, iStates Mm-shaL ' CinlJM'KR CASE OF TilH I'MrKj) STATES. -S41 li Carolina, or his y Denard I'uinley ', that the steamer r name ealh'd, has 'nited States, and ■ Cape Fear llixcr. s(i and with intent rty of Sp.iin, with iiiiy that the said lid or^Miii/>('d with I property of the as a privat. er ; e, of the President ' lUM'essary, and to er Lady rtterlinu', so that you have latiiifj: seetion ',i of ril LM>, 181H, within [)f North Carolina. >l)er, \m\). iUFOlU), North Carolina. 1 10 1 1 *Mr. llartlni, Avthui Smrtari/ of the Trrnsury, to Gnieral Sher- man, Act i It;/ Sccrcfarti of' Way. Till; ;sii;v DiiPAiriAiEXT, \Va.sliin()ton, (h-lolxr i, l^V>\). Sii;: 1 have the Ik. nor to {laiismit herewith, lor vonr information, eopv ol a tele-ram n-eeived at tnis Department from 1). Jfnmiev, <'olleetor of enstoms :ii W ilnnn-ton, North Carolina, under date of ;;d instant, re- porting' iirrival of steamer Lady Sterliii-, a/m- Hornet, at Smithville, mouth ol (ape Fear Kiver, for the purpose of ohtainiiu'- coal and pro- visions: also, copy of a telegram from this Department to that otlieer, under same date. ' I am, vei-y respectfully, J. F. IfAUTLFY, Actinrj Srcrctari/ of the Treiusurn. Hon. William T. SiiKiniAN, "^ Arthaj Secrefarii of War. [lll('l((Mll<'.] Mr. J^nmlei/, eoJlecfor, to Mr. BontweU, Secretary of Treasury. [TfloM-niiM.] Wilmington, Nouth Carolina, Oetofn'r ;}, 1800. To Hon. ClEOlKiE S. lioITWELL, Secretary of the Treasury: The steamer Lady Sterlin-\ alias Hornet, with one liundred and sixty men and ollieers, and ei<>ht .uiins, is at Smithville, mouth of tlie [UmJ Cape Fear KM vor, touehin;^- there for eoal *aiid provisions. Ollicer of enstctms boarded for i)a|)ers and they jtroduced only commis sion of Cuban .uovernment. She is lyin«4' under Fort Caswell," and, witl the aid of the /garrison at Fort Johnson, she can be stopped. th I await Vonr instructions. D. IJUMLFY, Collector. Mr. Hartley, Aetiny Secretary of the Treasury, to General Sherman, Acting Secretary of War. Tmixavny Department, Washinyton, October 4, 1800. Sir: I have the honor to ti'ansmit herewitli a copy of telegram re- ceived from Collect(U' liumley. at Wilminuton. North Carolina, oiving additional information re<4ardinj;' steamer J^ady Sterlin,u', and requesting- that the recpiisite authority be <>iven the marshal for obtaining- co- operation of the military in the case. I have to request that this authority be granted, or such order issued aw may be deemed necessary to secure the deteutiou of the vessel la question. I am, very respectfully, J. F. HARTLEY, Acting Secretary of the Treasury. Hon. W. T. Sherman, Acting Secretary of War. iX, ft lu U 84-2 TUKATY OF \VASiriN(iT(^N I'AI'KKS .\<'( •()M1'ANYIN( ; [KKi] •[luclu.Hiir.' No. I.J Mr. fiinnli'!/., cDllvcdtr^ to }[r. lioitfircll, Sccrctdri/ of (he Trciisnrj/. [T»'lo-i:mi.] WiLMiN(iT()N, North Carolina, (ktoher 1, ISO!). To Hon. (Jkokoe S. Uoitwkli., Sccrctiiri/ of tlir Trcitsury : A.s.sistant Ai't ciistoins lorco, left rally this inorniiijL;' tor Siiiithvillc. The riMpiisitc aiUhorilv, on Ix'halt' of the marshal, is ri's[U'(*tlullv rcMiucstcd. J). la'MI.KY, Collrrtoi: ^[y. Bin((ircll, Sccrctari/ of tlic TirasKri/, to General Shcrm(fHj Avthuj See- retanj of Wdr. TUEASriJY DkI'ARTMKNT, ]VnNlti)i(jton, iktohcr \, ISfiO. SiK : I ;4('t inCormatioji from the colhnttor of cnstoms at \Vilmin;>ton, North Carolina, that thi'ie i.s danger that the Hornet may j;'o to sea in delian<'e t)f our authority. 1 have directed tlu' enlleetor to take i)reeantions to i)revent this, and I have the honor to icquest you to issue further orders, if you deem iL ne"essary, to the military otlicers, to a.ssist in preventin-;- her es- ea|)e. [1()7| *Verv resi)eetfullv, CIEO. .S. BOUTWKLL, ISeeretnry. General W. T. SiiKinrAN, Aet'nuj Seeretary of War. -! General Sherman, Aetlny Seeretary of War, to commamUmj officer. Washington, October i, 1809. To Commanding Officer, Fort Johnson, via Wihnlnyton, North Carolina: Use your entire force to detain the steanuu- Lady Sterling, alias Hor- net, till «he is furniisUed a regular clearance by the colU^ctor of the port. \V. T. SHEUMAX, General, and Acting /Secretary of War. irANVINO ' flir Trc((snr!/. Ocfohcr I, 1S()!). til, tclc^i'raplis to )s a' Siiiitlivillc, rusliin^^toM lu'lorc tliirsliiil, with part ('. Tlic it'(iiii.sitr qiu'strd, ColUrtnr. vrman, Acdnfj iSVc- (Mohrr 4, mm. IS at \Viliiiiii<^toii, may .i;*) to .sea in l)r«'v»'Mt tiiis, and 'IS, it' yoii (Ummu it eventing' her es- ut\vi-:ll, tSecri'Uiry. nanditKj ojjit'er. October 4, 18G9. na : terlins', ((Jian IIoi- •d collector of the lIEltMAX, eretary of War. COl'XTKK CASK OF Tfli; INITKD STATK.S. S43 (Inicnd SlirniHOt, ActitKj Srrrefon/ of War. to Mr. Ramtn/, collector. ['ri-lcnr;iiii.] \VASiriN(iT';x, Odolnr 4, 18()!>. I). IvliMT.FA', Collector., WHmiiititoH. Xorfli Carolina : Notify coiiiiiiandiiij;' onicer at Fort dohiison that he is ordered, by tele;;rai»Ii, to detain tiie Hornet till she receives from von a re<>ulaV ck'iuance. ' '^ W. T. SIIKIJMAN, (leiieral, (Oid Acting (Secretary of War. lOSI Adjutant-Geiwral A'elton to General Terry. LTi'l.'mjim.J AiJ.iuTANT (Jeneual's OiTrrE, Wa-shinyto)!, October ."», LSOO. Urevet Major (Jeneral A. II. Tekiiv, Coinmaiiflin/f Department of the South, Atlanta, Oeoryia : The Secretary of War directs that yon instnu't, by teleii'rapii, the (•omnminlin;^- oflleers of the tr(»ops altont the month of the ("ape Fear Jliver to aid tiie Ciiited States marshal to detain the steann'r Lady Sterlin}4', alia.s Hornet, ,1. C. KICLTON, Aii.si.stant Adjutant-General.' ^[r. liouln-eli, Sei-ret((ry of the Treasury, to Mr. Ilumley. collector. [Tck-^t, Washinyton. Octolxr ~>, 18G9. D. KuMLi^Y, Collector of Customs^ Wihniuyfon. Xorth Carolina : Yonr conrs(» in the ease of the Hornet is approved. Who is retained as eoinist'l .' \'on will hold the Hornet, niider the eleventh section of the act ', alian Hornet, was api)r()ve(l by the Department. 1 also diieeted yon to hold the steamer, under tlie eleventh section of the act of ISIS, nntil yon are dire«'ted by the President to release her. This yon will do without reterenco to the action of the com- missiouer in the case now pending'. ■? I Hi' * ■ la Hi. ,.1* ■' - .-If ''' N44 TK-KATV nr \VAsHIK«iTO\ I'M'KKS ACCOMPANVI \( J Tin- Atl«»nn'v (ItMU'i;)! will ioiiiiiiiiiiii':ttt> wirh tlir disliirt Mltuniry. ami als4i witli tin* siu'cial roniiscl. w ln» lias Immii niijiloycl by voii, as I mul.THtantl fVnm y«nir dispatrli oi tli«' ttli i!i«itant, ;«M't'iv«'(l to-day. The l«*;^al jdoccrdiii^is tor t lie pin |».»>i« ui" ,i nil' a«lvis»Ml. i-itlu-r hy It'ttfi- or Id <'.:in»iih. of tlir ini»;ii('ss of it!o(M'«Mliiitrs. ami of any facts wliicli \oii iiirtv U»HMn ijiii»oitaiit to a prop.-r amlcrstainliiij; «>V ilic can- hy the l*re>ithitt- Vfiy rt'spcct fully. Strrctdn/. D. llTMLr.v, Ks<|.. I'nllt (■(,„• o/ Ciistonix, Wihuimjtnii. ynrth Coroliua. » [170] *Mr. liarhur, I'nittd States mttrshaly to Mr. Fish, Strrrtan/ <>/' folate. [ IVli'jjraiii.] Ni:\v Voj:k. Orfnh,r 7, l.'^O".). SErnKTAin mf St a IK: I iivt riiiM •!■ that H«»ni('t will run out of Wilinin^ton, in .Icliaiicc \V. - ♦ 4 Mr. Jfonr. Attornei/nenerul, to Mr. Sfarhnck^ lUstrict attoniri/. Washington, Ocfnl,rr «», lS(i«>. Sii: : The steamer Hornet, which is iu»w «letaineil at the poit of Wilininu^toii. ]»res<'ntsa case to which I wish to luiiifj: your attention. I nnderiillieient to convict the ollicers of tlie vessel and a <*(nisidera- ble part of the men, under the lourtli section of the .ict of April LM), LSIS, iiii^ht Ik* tound, and probably ajrainst some of them under the sixth MnthMi of the same statuti*. and that i'vid«-nce for the purpose inijrht Im- obtained by proper exertion fiom jjcrsons on board the vessel. It is desirable that you simuld atteml to the case, and take all proper measures, upon such fa«ts as you can ascertain, to prc- [171] Vent the dejMrture of the •vessel upiui a hostile exp('«lition by lilieliu*; the vessel, i)r proseeutin;; the otlicers and men beloiifiinj: to her. or iMJth. as the facts, when investipited. may seem to warrant. Verv res|)ectfully, E. K. IIOAK, Attorney- General Daeiu.s II. Starbuck, Es(j., United iStatcn Attorney, SaU-m, Xorth Carolina. iivvNvixi; >l(»Vr>l hy \<»(1, its *n'i\('(| to \v. irt (ittniili jl. (hiiihcr «;, 1S(;!>. m1 iit the i»ort of y»»ur atttMition. I niiiMiccd Itcfort' a ami l-'rciicli lja\<' I to nit' tliat ('\ i- aiid a considcra- • art of April L'(». f llu'iii under tlif ' for the purpose (IIS «»ii hoaril thr le case, and take ascertain, to pre- tile ex[U'dition by lid nieii l>eKMif;in,u' LHMU to wainuit. lOAK, ttoinvy- General. oUna. o.rxTKi: < A>K «»r the imtki» statks. K4.j Mr. VorUr. /.,t .^^rtUrrif •/ the Xart/, to Mr. FUh, Strvrttary uf .Stale, N.w V Dki'mitmkxt, Waxit tuff tint. Orfohcr ', 18taiir. inrhK^ii:- «• ipies of eoinmiiiiieatioiis tn.iK Genera) J", r. Harlow, I'liited .States inaishal at New \nrk. relative i«» the iiiuveiueiits of iiostile exiH-ditioiis. \'» ly resiiecifJilly. I'AVID I>. rollTKH. For Secretary ni tlu yaru. Hon. ilAMii^Tox Fish. Sf-rttarg uf State, • Mr. Uiimhy, etAltrfor. to Mr. UnuticdU Secretary of the Trea.'sury. [T^-l^-jfraiii.] W1I.MIXGTON, NuliTIl Cak.»li>a. tAtulnr 7. 1S09. Jlon. (Iko. ."<. r.ourWELL. Secretary of Treaxuni : . Should I fail t.» make -- ca|M- and |»iit ti» st-a. The eaptain is miwillinjj tor nie tophue an ollieer o!i lioar*!. ami the furee at iii\ • uuunaTid is entirely inade^piate to til wart any niuveuicut ut that kind. Tan you tarnish nie with an armed cutter at onee J D. KTMLKV. t\tlUxtor. Mr. DotifirflL fkeretffry of the Treattury. to .!/#•. KoUk CftUeetor. [Tt-legrani.j TreASIIIV I)EPAllT>n:NT. WH-sliiiliftint. J K C. Oetnbfrl. l^ij[K Tih>:ma.s p. KikCB. CMtrtor of ('ujttomx. Saranwih. Oeirrffia ■ Send >r*rnlIoch t«» \V'ilaiin;u^on, North Carolina. iiuuietliatt-Iy. Let ('ai)taiii Mt'iTyman ;f«». i;e{>ort to Collector Huuilev. >'aii. IJiMl.rv, Wilinlmifon, Xmtli Citrolina : Will' I>r|» iitllicllt li;is issued oitlcrs to Army olVlfci-s ;if til." foif to :is sist Soil. ISiiii.; lilt* lIoriM't iimliT ;:iiiis of foil. Take sin-li |i,»-is,.>sioii ot' hvv, ami. ir m'ccssaiy, no far ilisiii.inlli' lin as to make it imimssildc tor Imt to Ljo to sea. until \oii !ia\r okIcis to iclcasc Ikt. CKO. S. lIOI'TWi:!,!,, Stcivlaiij of' 'J'lvasHry. '- Uti 1//". Porttr, VUr Athniral. to thv Prishhiit. >AVV Dl'.I'AIMMHM'. Wiisliiiiiitiiti, (ti-tnhirl. |S|)!>. Sill: Tlu' imlosi'd tdr^irams liavc lici'ii sent in dillcrtMit diii'rtioiis. I have Hie lioiioi- t(» lie. \t'r\ irspcct lullv. DAVID D. I'OUlKi:. \'in-Ailininil. TIm' lM;i:sii»r,NT. « ly [174] •(■liirlosinvN... 1.] Vice-Admital Portir to h'ror Ailmirol l^tr'nujhum. tTrl.-iai.i.] Nav\ Di:PAin':\ii:M. Wnshintjfon, October 7. ISi'i!!. Kear Admiral S. 11. Stijinciiaai. ]i)\* Ilirlcs .stnH, Hrool,li)ii, \fir York: The tollowin;; lias bocii scat t(» Admiial (iodoii. iJcitt'iate tlio iht tujjs to tow Imm' out while she is ;;('tliM;.j up steam. Order the eomman- der to proeeed to Smithtield, Cape |"\'ar JJivei", or wherever the Cnhan steamer <'!ii»a is Iyin^% tak<' his posiiisai al()n,i;side of her, and sink h«'r if she attempts to leave. Also keep up steam, prepared to follow Ium-. The Frolic must leave tonight. Put (Ui hoard charts and instru inents when you ]Mit the men. Don't tail. If she wants ammunition. l)Ut it on hoard to nij^ht. See if the vessel can't j^ct of!' iiefore-S o*clo!-k. If the Frolic has snOicieiit number of men on board, there is no necessity for inereasin;;: the '.'/ ';/ Tiinsury. frfif. ii'iif (lirniioiis. i'(>Ki!:i:, I ir( Aihiiinil, itfliam. LMober 7, 18(JI>. i(«'rat<> tlio i>i«U*is. StMiil yonr best rdtT iIm* •■orimiijii- I'lcvcr t!u' ('iil);in Imt, and sink Ii«m- i«'il to follow Imm-. aits and instiii ants anininnition. f lu'fon' H o'<*lo!-k. •re is no iiecussitv roiiTi:R, Vice Aibniftil. (<>| NrilK cam; <»!' JIIK IMTi;i> STATI'.S. 847 ( ImiIosiiii- No. -J.] ViirAflinhal J'ortir to <(iiiunini(lliuf nlfh-n- at Knj W'lHi. [Tclcjililili.] Navv Dr.PAinMKXT. * Wosiniifftoii, Ortohri, i.sr»r>. Dispatcli tlii' fasti'st vessel yon lia\< witiioni delay toCipc Fear l{iv«T. Nmtli i'ar<»lina, to iticvent the steamer < 'nl>a from ;;oin;; to sea. ."^iiik her if the ea|»tain refnses to oIk'n voni orders. I). I). iMnnr.n. I ill- A>lin'nnl. rOAIAIAMUM; Oil l(l-,K L'uitid St((frs Xni-dl Foi'cvs, Kvij ^Y^st, lloriihi. I7ol [IncloHiiii' No. :'i. — Tflciiiiiiii. ] Na\ \ DKrAIMMKNT. Wash'nititou. ifrtohri' 7. ISHO. Hear Adiniral S. W . a is lyin-i', take his position alon.i;side of hi. and sink her if slie attempts to leave: also keep steam n|». prepaied to t«>llow jjer. The I'rolie mnst leave to ni.ulit. I'nt on Itoard charts aud instrnments, \\ hen \ on 1 tilt the men; don't fail. If she wants iimmiiditini!. put if on tncird told^iht. .See if the ves.sel enn't j^ct olf before S o'clock. If tin- I'roiie has sntlicient niiMd>ei' o!' men on Itoaid. tht-ri' is no iieeessiry for iin-reas- in;i tile »-i«'W. Men can be taken tem[»itrari!y from the t5e\ ern. Jiv order of the President. I). 1>. POIITEH. Vn> -Adui'md. 170! Vlcc-Atlmlnd Vorii r to fJn- Presitleitf. XaVY Dr.lVMITMEXT. Wdnlii lit/ton. (tcttilnr ^, iNoO. Silt: 1 have the honor to semi herewith a copy of a telegram received tliis a. m. iVom IJear-Admiral (lo(h)n, comman lant of navy yard. Xew York, dated 7th instant, ami copies of two telegrams from Commander (^iieen, .senior otVieer at Key AVest. Verv resi)eetfullv, your obedie^.t servant, DAVJD D. rOlJTFIJ. McC'Adiniial. The PUESlDEXf. 1 •11 ii '■j 15 !t-;« ) h'\ ( : ■■ >; ( H.* k:-\ t » '' -J t^^!'- ^.s ['■ ■c S48 TREATY OF WA?tiiiN'GTnx — rAPKRs ArcoxrrANYiNr; rino!««sHre X<». 1.] li.'ar-A'liuirul (iodou to Vice Ad mi r« I rot'icr, Acting Sccn'tdri/ of Xattf [Telejjr.'tni.] i;i:«»uKLVN, New Yokiv, Ociohir 7, isivj. To Secretary of the N'avy: Telo^^Tiim iTcrivt'd, The Fnilif will sail l»v S o'clock, S. W. (iODOX. L'carAilniirnl. [_lnfh*v Wist, FloriX: Tclcirnuii received. X'> ves.s(cl to seinl. TiiKcarora ami Sanf^ns only vessels lieic. Tuscarora eaiiiiot move before Monday on account of bursting of main »;team-i>ij»«'. W. AV. QUKKX. Coni)iianon a copy of a telcijram just received l.L'O p. m.) from Rear- Admiral 4;«m1..ii, stating tliat the Frolic left the llatterv, Nt'W York, at s p. m. yesterday. Veiv respeetfuliv, vour uix-dient servant, DAVID D. rOliTlUI, ViceAdminil. The Ti: ESI DENT. fluclctsure.] liCiir-Adniirul GoAou to Mr. liuheson^ Sccrddvy of the Xni^y. £Tel«*j.'iaui.] BR", New York, October - l;ij*t uigbt at 8 oVloek \). m, S. VV. GODOX, Cornmandftnt. H'ANYIXd Secretin/ of' yac'i Odohir 7, ISIJIJ. . (lOl)OX. licur- Admiral. the Xav}/. rsrviJoiiA, October 7, 18«J'J. niul Sanfjiis only ly on jo'couiit ot' r/ ISoiior Otficcr. I'A1jt:mi:nt, (h'tulnr s, 1.SG;». ram just r»'»HMWoanl ar Philadelphia, the then condition ol the vesstd wiien she sailed, for what p.>rt. and her (■'ari^^o, if anv: tin* procccdin-s at Halifax and In'r history there: how and when armed. when ami whence (iordon deserted— they say the ni;:ht the Cuba came in. He can't he I'oiind. Send all pajters. as" well as witnesses, nmterial to sustain the particular cliarge or any otiier breach of tiie neutrality laws. Keep us advised. TAIISOX & FIJHNlir, Attorneys for i'nited States. ^fr. Starbnel-jdistricf atlorneij, to Mr. Hoar. Attorneyfleneral. Office of rxiTED States Attorney. Salem. Xortlt Carolina. October 11, ISOO. SiiJ : T have the hom^r to ackiinwlediie the receipt of your letter con- i-erninu' the steamer Hornet. detain«'«l in the ])ort of W'ihninirton, [17l>j *aiid the case will soon niideij^o an investigation btdore the I'nited States commissioner, whnh [ trust will develop the true character ol the vessel ; then such proceedings will be instituted as the I'acts may warrant. 1 aiu, sir, very respectfullv, D. TT. STAKlUTIv, i'nited ,states Attorney. Hon. K. K. IIoAR, Attorney-General. f the Xavy. October 8, 1801». \ GODOX. Coinmandant. ^Iesli^^s. Parson d' French, attorneys for the United States, to Mr. Hoar, Attorney (ieneral. [TcU'jrrniii.] VfLMiNGTON, North Carolina, October 0, 1869. Hon. E. li. Hoar, Attorney-General : District attorney is not here. There is no telegraph. Mr. ITall shouhl I"' here, we think. PAliSON & FKENCU. 54 A I I' ■ V ^i^ ft ;i I? 850 TREATY OF WAfNlllNCJTO.X I'AI'KIIS AC'COMI'ANYINMJ Messrs. ]*(ii-son d- Ftntcli, (tttoruci/s tor f'nited States, to Mr. Hoar, Atlorii(i/(inicral. [Tcl.'jiiani.] WiLMiN(!T()N, N. C, Ocfoher 12, 1801). IC. II. IloAU, AftnrnriidcHt'ral : Ilavf not lilu'llt'd the IloiiiPt, but ;nv lioldiiiji' her oniccrs niuler wiir- rant. Shall wo tilo libi'l .' [I'^OJ *PAl{vS()X& FKKXCFI, Attornri/s/or Unitnl States. Mr. Fish, Seeretari/ of State, to Mr. Hoar, AttorueydeneraJ. Dkpaim'ment of Statk, }Voshiii(ftoii, Oetolter 12, 1801). Sill: 1 hav«» liad a coiivorsation with tlu^ 8p;!nisii iniiiisfcr, y\\: Ifoh- (iTn, to day. in rcl'ricncH' to the l<'j;al pro('('t'diiij>s wliicli arc to take ]»lac<' on I-'ridiiy next, at ^VillninJi■ton, in the cnse of tlic, Ilonu't. IIm tli!idx fisft, Seeretarif of State. Hon. K. I{. HoAi?. " ■ Attorni}! ileueral. lid iB m m [181 J * .1//-. I'lielps. assistant ttistriet attorneii, to Mr. Jfoar, Attornei/- (fenertd. AVll.MLXGTON, Oetoher LM), 18(11). Sir: A libel for the condemnation of the steanu'r lIo\net, (therwisc called tiie Cuba, was tiled in tiie district couit on Monday, the ISth instant, and the njonition issiu'd early in the forenoiut of that day and plact'd in the hands of the deputy nuirshal for seryice. I"(»r reasons of his own he did not attempt the e.\"«'cuti(>n of this pro cess until ycsti-rday, when, in com|»any with the collector ol' this pcut, he boarded the steamer, and the connnander, Mr. lli^^yins, bciiij>^ sent for. the marshal demanded possession of the yessel, exilutinj;" his moni- tion. Ili^iiiins lefused to tleliyer his \ ess«'l to any other authority than that of the Pr.'sident of the ITnitcd States, in the person i>f a niilitar\ or naval olliter. The «leputy marshal thereui>on called on the com mander of the rnited States steamer Frolic, who sent hi.s executive othcer on boar. iViccrs undor wai- r UniUif >fUih's. uey-iicncru}. S'l'A'l I'i, [Molnr VI, ISfiO. ininistcr, Mr. K<>1>- ,lii«h iU*' to t;iU<' tlu>. lIoriH't. 11<' the first assistant New York, slioiiltl servant. roN FISH, Icoctdrij of IStatc. COl'NTEl? CA^sE OF THK I'MTKIt STATES. 851 r. 7A)^o-, AttoniiH- Orfohn- LM), ISOO. Hornet, )ther\vise Monday, tlio I'^th )ii of tliat »lay and (•uti<»n of tins i»ro ector of this port, |iH<.ins, heinji' sent t-xiUitin^- his inoin- lier authority tlnin .son of a military aUed on the einn sent his eveeiitive lis ship, whieh was (•e retained enstody iscaUed on nieand (»\v the men to re , ♦ that if they were n the event of the onhl 1h' imi><>^**'i'''' the UiW, and thus Mr. Ponrs(Mi and niysolf, after consultation, replied to ('nptain Hifj- <;ins, throu<>h his counsel Mr. Davis. -decliiiiiiL;- to a<;cede to his re- quest, and inforiuin'4' him frankly at the saine time that it was the in- tention <»f the (Jovernment that his vessel should not iio to sea in the servici^ of Cuba. Tiu^ nuMi were, therefore, put ashore, ami are still here in the city. One of them was unfortunately killed last nij-ht by falliu}.;" from a window. There are no lu'w developments in the matter of the prosecution aj^ainst the ollieers, which wiU proceed to-morrow unless some further postponeuu'ut is obtained by the defense. Verv resi»ectfullv, vonrs, «S:c,, IJENJ. K. PJIELPS. Hon K. H. liOAM, AtfonK'!j(i(ne)((I. Mr. Tloar, Atfomri/GcncntJ, to Mr. Phelps. (is.s>>i(iiiit district attorn iis;j| Wasiiin<;ton. (k-tohcr 'M). isr.<.>. Sir : Your lettrnmc'it attaches to thi' case and the necessity foi- active and faithftd attcnti >a to it on his part. His onnssion to ;^ive such attention thus far has Ik'cii a source of sonu" anxiety ami rcj^rct. ^Vhethcr there has bccu sutlicicnt reason ibr it I do not now attempt to decide. I also wish the marshal to understand, and I wisIi you would impress upon him. that we c\i)cct him, citlu'r jicrsonally or by a competent de- puty, to have whatever is ne«'essary done in re.uard to the custody of the luisonci's and the holding- of the vessel: that no such nonscMise as the newspapei-s state was sulfcred by his deputy to take place in regard t() the suri'einlcr of Captain Hi;.i,';4ins is to be repeated. an«l that repre- sentations have Ik'cu made to me in re,uairjini was tbr- wanU'd to ino )).v niiiii from New IJrrne, North Carolina, Oi-tohcr L'l. I -went iniMMMliatcIv 1(» W'iliiiinuton, travcrnji' nioic than one hundred inih's befor«' I eoidd reach the raih(>ad. Passinj^' (loldshoion;nh on tlie L'L'd. 1 ]'«'itiied to >e of them in the custom house warehouse, but to my astonish- ment I found neither. I deposited, however, this carp) in the ware- liouse without beinj;- al»le to p't any receipt for them. 1 then detrlined Xo discharge any more j^oods from the vessel, as I consi keepers on board. Mr. l*heli>s also thouj;ht this the lu'st course. The collector, Ivumley, comi>lained that the men Deputy Nelf had on board were not trustworthy. I asked him tlion to put an honest man on boaril as watchman of the vessel, lie did .so, and a few ni;;lits theieatter this same man was d»'tected in abstract in j»' the stores to the amount of several humh-ed dollars" worth, which were all cai>tured by Deputy Nelfs detect i\cs ami are in safe Keepinji'. From a lull investigation of the whole matter it is my opinion that, with the exception (»f tin* theft nu'ntioned, the complaints in regar*l to the nnnia};«'m<'nt of the case are without just foumlation. So far as my attion or that of my subordinates is concerned, we shun not the strictest scrutiny. To conclude, if I may be allowed to exi)ress the opinion, wouhl state that the sei/un^ of the vessel and trial of the ollicers iiave Ix'en con ducted as well as coidd be under the circumstaiu'es, little petty [1S(J| mis*representati('ns tt> the contrary notwithstandiii};'. Instructions IVom your oHice to nu' shall always receive pronii)t attenti«)n. and it will atVoid me pleasure to hear from you at any time. 1 remain yours, «S:c., &.c.^ s. r. (LVKuox, i'nitfd States ^farshal. 1I(M1. E. K. UoAK, United Stati'ti Attorney (J aieral. w i ^i Mr. Phelps, assistant difitrict attorney, to Mr. Hoar. Attornci/General. Office of tiif. District Attorney of the United Sjates FOR THE Southern District of New York, ^'ew Ycrk, November 22, 18«0. Sir: I hav(^ re<;eived to-day from the counsel of the collector iit Wil miii^ton the letter and notice, of wliiirh copies arc inclosed. Jt seems to me that the motion to bond should be opposed. But 1 deem it still more important thsit, if the claim shall be filed in the name of t'-.e »' republic of Cuba,-' a motion shouKl be nmde at once to strike it out. 1 am engaged iu the preparation of some amendments to the libel II'ANYING iitos liiuKii'cd ilshoioiijuli oil tlic Viliniii.uroii called Upon my a nival «»o of my (le|mty, ■ed lie:' unable to took iVoin her a ^in^' with them, 1 y to *take. charge t to my astonish- iWfXo in the \var<'- I then de(!lined siilered them sale iel[»s also thonj^ht 'jmty Netr liad on it an honest man md a few nights •• the stores to the e all cai>ture opposed. But 1 > filed ill the name at ouce to strike iients to the libel COUNTER CASE OF THE IXITED STATES. 85.3 against the ITorm^f, wliich will include counts under the niracv act of August 5, 1S«;[. If the district attorney of North Carolina is intrusted with the [187] cliarjix^ of this matter, *permit me to su;i;,ucst that his nnfamiliar- ity with tlu' jnoceediiims of this nature will render it necessary to send him very explicit iiistritctioMs as to the law and the piac- tice. Tht> court should not be permitted, 1 think, to entertain a i)lea tiled by the " republic of Cuba," which can have no staiidino- in our courts until recogni/ed by the (lovernmeiit. Certainly the Covernment should oppose vigorously the assertion of any sm-h claim. If the (iovernment desire any turther information or service IVom me in rej^ard to this motion to bond or the tilinji' of the claim, both of which, as y»Mi will i)erceive, will (tome up on :\londay, the i'!>rh instant, nuiy 1 ask to be ad\ iscil as early as practicable. If there is a trial it will be, 1 am informed, on the I'Oth of December' at Ivaleigli. If a claim is made in the name of the ••re|)ublic (»f Cuba,"' aiul is juoperly opposed, it seems (piite i)ossible that the expenses of a trial may be avoided. With great respect, vdurs, &c., IJKN.T. K. I'HKLPS. lion. K. 11. lIOAil, Att bonding i>f steamer Hornet and all recogni- tion bv the court of anv "republic of Cuba." W. A. FlKLl), Assistant A tfoniei/- (lenernl. u,... . Phelps, assistant dlsfrlet attornci/, to Mr. Hoar. Attornet/General. liALEicil, yoremher iM), 18(i!). Sru: T have the honor to report that, iiixui the return of the ]>rocess this day in the Cnited States district court in tlu' case of the rniteamshi)) Hornet, iSrc, Messrs. Davis and Mears ap- ix'ared and tiled a claim, alleging owm'rship of the ves.sel in the republic of Cuba, the claim being made and verified by J. Morales Lemus. as agent for mud r«'])ubli<'. V moved, on behalf of the Cnited States, to strike out this claim upon the ground that the repul>li«' of Cuba, not having been recognized by the political departments of the (iovernment or either of them, had no standing in any of the courts of the Inited States, citing in support of that position the tollowing authorities: 854 TREATY OF WASHINGTON rAl'EUS ACCO.MrANYlNU (Stli Diiiins) K(l. Wliojilon, Int«Mn:jt. Tiiiw, i»|t, :>;), ;5(;, 11, iiiul [IS!)] «)tli('is; riiifcd StiJtt's fs. PiiliiuT, ;'. \Nli., (;i(>: iIm' *I)iviiiii. P;is toiii. 4 Wli., .">L*; I'liitt'd Sliitt's i-N. Ihitilii'ios, L' Wlicoln's Ci iiii. <':is«'s, :.i;{: InittMl Statrs is. IJnkcr. T. HlutcliC. Cir. Ct. I{. The iii<;ii iiiciit Wiis coiicliMlcd by < Icoiiio Dax is, «'S(i., lor tlu' ('liiiiiiiiiits, and Ity iii\s«'lt' loi' the I'liitrd States. Tlu' loiMU'r ciU'd tSion.iiliton r,s. Ta.vlor, "J Paine (". (\ !{., !mL' ; Sri- snri rs. ('lenient, 1* Carr and I'ayne, I'L'.".: also, (lelsr<»n rs. lloyt. The ai'unnient eontinned the whole day. ami the ji id ye announced that lie would render Ids decision as soon as he couhl conii>lote his examina- tion of the case. J am, sir, vcrv respectl'ullv, V(uirs, «S:c., BKN.J. K. PI IK LPS. lion. K. If. lIoAil, Attornnj(ienrral. Mr. StarhKckj (listrirt dtinrmij, to Mr. Hoar, Atfornci/dnu'ral. Office of the United States Attokney, Sdlfni, Xorth C(t roll nil, Ihevmhcr ."50, li>. Sir: The rnired States ciicnit court at Haleiji'h has just chised its session ot a'Dout tour weeks. I tiled a i>etition and obtained thereon an order lor tlu' sale of tlu' i>eris]iable ])ortion of tlu' property found on board the steamship Hornet, nl'mx Cuba, consistinj^' of ship-stores, the furniture of the vessel, and a larye (|uanity (»f uunpowcU'r. This became necessary to save tlu' j)roperty fnuu the (himaji'c which must ( P.MIJ ensue by next June *term. to which the case of the Ihuiu't «'omes up by appeal, as you hav*' d«uibtless ere this been informed l>y Mr. I'helps. the assistant district attoriu'v in this case. This pr<»perty will be sold and the jiroceeds held by the marshal sub- ject to tlie final decision of the case, which will [uobably be made at tFaiie term, ISTO. of this court. 1 am, sir, very respectfuUv, vours, ^:c., 1). n. STAHP.rCK, United Statin Attornei/. Hon. K. ]t. Hoar, Attorneii-Gonerat. Mr. Macias to the Prrniilent. New York City, 'hnir 1, 1S70. Sir: The undersi callsyourattentiiMitothe eastM)f the steamship ('uba,commoidy known as tli«' liornet.nowpendin;;' in tlu> IJidtetl Statesdistrict court for the distii<'t of Noith ('arolina, and re piests the discontinuance of pioceetlinjis ujiainst the vessel, and her c irj^o, tackle, and apparid, and her delivery U> the nndersijuiied. Th(^ Ilorm't was ])urcliased by the undersij;ned in July, 1S(!!>. [PUJ of the IJinted States Navy l)epart*ment for the suni of about $.'i,'3,tM!(»,and is now iinderseizure, toj,'ether with the car^o, apparel, and tackle, at Wilnnnp[t<)n,a.d libelled for forfeiture of the alle/j;ed viola- tion of the neutrality lawsof the United States for the puriH)se of cominit- injjfhostilitiesajjainst Spain. The fa(!ts in the case are well known. What- ever may be its legal merits, the undersigned has tUe contideuee to be- PANYING . .'!.'5, .".(►, 11, siihI lu' *l)i\ili:i Pus W'lu't'lci's Criiii. 't. I{. TIm' iii-u :iiliiiiiits, iiiid li.v r. If., T;r,i>: sii- I rs. Iloyt. (' illlll()llll('(Ml tllilt k'ti' liis «'\;miiii;i K. IMIKLPS. Attoknky, riiihcr ;»0, l.S(»!>. IIS just closed its lined tlicicoii an lopcit.v found on f ship-stores, tlie ler. This hecnnie \:\'j;o wliich iinist he Moinet comes )cen inloiined l>y the ntiushid siil)- )al)Iv be niade at AKP.rCK, St(((<-N Attornfji. V, 'fnHv 1, 1S7<>. 'hant, resident in ates, respect tnil\ nnnonly i of proceedin;;s and her delivery ed in Jidy, ISd!), [he Slim of about hecarjjo, apparel. tlM> alleged viola- iirpos(M)f comIllit- ;ll known. What- contitleuce to be- COUNTER CASE OF THE UNITED STATES. 855 lievetliat it is only the desire of the Gavennnent of tiie United States to enforce' the. laws, prevent their violation, and not to enrich the public trea«iry by harsh lorfcMtures. The voyajic of the Cuba has been broken up, and all p(»ssibility of its Ix iii^ lenewed has passed. The undersiyned ilesires to i'e;;ain possession of the vessel and to dispose of her for coni- mercial purposes, lie is williiifj;' to enter into any ein>ajreinent that may be accejitable to the (roveriiinent that t.ie vessel shall not be used to coniinit hostilities a<;ainst Spain, nor to \ it)late in anv manner the laws of the United States. Trust in;;- that the (Jovernment will magnanimously discontinue the |>roceedin}4S against the \'essel and ear^o, and order the delivery of the property libelled to the uiulersigned as re(iuested, 1 have the honor to be, yours, »Scc., Ki':iLNAXl)0 MACIAS. (IJU'I * Hv his attorney in fact, WM. ]<]'. (JM.ANDLKH. The IMtESIDENT. ^ ^fy. Hoar, Attorney- (Heueral, to Mr. Fish, ISevretarf/ of State. A'IT()UNEY-(iENEUAL*S OFFICE, Washhtfitoi), June 11, 1870. SiU: 1 have the honor to iiudose a copy of the instructions uiiiith have to-jlay been sent to the district attorni'y of North Carolina, in rela- tion to the settlement of tlu^ case of the Uornet, or Cuba, and which are, I believe, in conformity with the wishes of the President, a.s com- munii'aled by you to me. I in(!iose with them the bond which has been <;i\i'n Ity tlKMiiaimant of the vessel as a condition of the settlement, and ii check tor twenty-tive huinlred iveu bond, with sutticient sureties, in the sum of ijir)(),O()0, that such steamer shall not be used in any manner in vio- lation of the neutrality laws of the United States. It has thereupon been agreed that the I*)endin,^ proceeding? shall be dispose! of in the following manner: The ai)peal taken from the district to the circuit court by counsel re))re8enting what they call the "republic of Cuba," or Mr. Lemus shall waive and withdraw that appeal and consent to an ^1 f, r. u: m M 856 TREATY OF WASHINGTON — PAPERS ACCOMPANYING order in tbe circuit court dismiNHlri}; the Hnuie, ami nIuiII witlnlraw their claim and appearance in the district court; and the Haid Macias may appear as claimant in his own ri{?ht of the vessel, tackle, apparel, and carf?o; that he shall thereiii)on tile a certiftiMte oi" i)robable cause of seizure, and thereupon you are to discontinue all furtli«»r prov'eedinj»s against the saitl vessel under the lihel in the district court, and consent to an order deliverin«j the siune t«) the said Macrias, the claimant, and for payment to him of all moneys received by the marshal for sales [104] of any part o( the property *lieretofore made by order or license of court. The marshal is to pay over the whole proceeds of sales, and will settle his account for fees and disbursements in the ordinary manner, where the libel is a port or |)orts I* United States, leu to A-Spinwall, ist Cuba went on on the coast of was, as it were, 38 sent a nian-of- d States, where, : any violation of