It is with the deepest regret that the President directs me to submit to her Majesty's government a representation of the unfortunate effect produced upon the minds of the people of the United States from the conviction that nearly all of the assistance that is now obtained from abroad by the persons still in arms against their government, and which enables them to continue the struggle, comes from the kingdom of Great Britain and its dependencies. Neither is this impression relieved by the information that the existing municipal laws are found to be insufficient, and do not furnish means of prevention adequate to the emergency. The duty of nations in amity with each other would seem to be plain, not to suffer their good faith to be violated by ill-disposed persons within their borders merely from the inefficacy of their prohibitory policy. Such is the view which my government has been disposed to take of its own obligations in similar cases, and such, it doubts not, is that of all foreign nations with which it is at peace. It is for that reason I deprecate the inference that may be drawn from the issue of the investigation which your lordship caused to be made in the case of the Oreto, should that vessel be ultimately found issuing safely from this kingdom and preying on the commerce of the people of the United States. Not doubting myself the sincerity and earnest desire of your lordship to do all that is within your power to fulfil every requirement of international amity, it is to be feared that all the favorable effect of it may be neutralized by the later evidence of adverse results. It is no part of my intention to imply the want of fidelity or of good-will in any quarter. I desire to confine myself closely within the pale of my duty, a representation of the precise causes of uneasiness between the two countries, and an earnest desire to remove them. Firmly convinced that the actual position of things in connexion with the hostile equipment in British waters by no means does justice to the true disposition of her Majesty's government, I am anxious to place the matter before your lordship in such a light as to obtain the evidence more perfectly to establish the truth. I am further instructed to say that, well aware of the embarrassment and losses sustained by the nations with which the United States are in amity, through the operation of the restrictive measures to which the government has felt itself obliged to have recourse in its efforts to suppress the insurrection within its borders, it has ever been its desire to hasten the moment when it might be practicable to rescind them, consistently with the attainment of its great object. But to that end much must necessarily depend upon the degree in which co-operation with its policy, or the contrary, may be experienced from without. It is obvious that just in proportion to the success of the efforts made by the ill-intentioned people of foreign countries to violate the blockade must be the endeavors to enforce it with increased stringency. So also in proportion to the success of such persons in supplying, by violation of law, the insurgents with the means of continuing their resistance must be the delay in restoring to all honest people the customary facilities of trade and intercourse to which they are justly entitled. It has not been without great regret that the government has been compelled to observe the extent to which her Majesty's flag has been abused to subserve the purposes of the disaffected, and thus to continue the present depressed condition of legitimate trade. A very great proportion of the vessels which attempted to violate the blockade appear to be fitted out directly from Great Britain or some of her dependencies. The effect of permitting such violations of good faith to go unnoticed by government is not merely to create an unfortunate degree of irritation in America, implicating many far beyond the sphere of the unworthy parties concerned in producing it, but to postpone proportionately the prospect of bringing about a better state of things. It is for this reason, as well as from a desire earnestly felt by the President to maintain unbroken all the customary relations of amity with Great Britain, that I have been directed to make the present representation. Any suggestion of the means best adapted to remedy the evils complained of is deemed a matter exclusively within the competency of those in whom the decision to act is vested. Disclaiming every wish to solicit more than my government would in its turn be prepared under similar circumstances to concede, and entertaining full confidence in the disposition of her Majesty's ministers on their part to act to the utmost of their ability in the same spirit, I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant, Right Hon. EARL RUSSELL, &c., &c., &c. CHARLES FRANCIS ADAMS. Mr. Dudley to Mr. Adams. UNITED STATES CONSULATE, Liverpool, March 22, 1862. SIR: The Oreto is still in the river. A flatboat has taken a part of her armament to her. A part of the crew of the steamer Annie Childs, which came to this port loaded with cotton, have just left my office. They tell me that Captain Bulloch is to command the Oreto, and that four other officers for this vessel came over in the Childs with them. The names of three are Young, Law, and Maffet, or Maffit; the fourth was called Eddy. The two first are lieutenants, and the two last named midshipmen. They further state that these officers during the voyage wore naval uniforms; that they came on the Childs at a place called Smithville, some twenty miles down the river from Wilmington; that it was talked about and understood by all on board that their object in coming was to take command of this vessel which was being built in England for the southern confederacy. They further state that it was understood in Wilmington before they left that several war vessels were being built in England for the south. As they were coming up the river in the Childs as they passed the Oreto she dipped her flag to the Childs. I have had this last from several sources, and the additional fact that the same evening after the arrival of this steamer a dinner was given on the Oreto to the officers who came over in the Childs. I understand she will make direct for Madeira and Nassau. I have the honor to be your obedient servant, Hon. CHARLES F. ADAMS, THOMAS H. DUDLEY. United States Minister. Mr. Adams to Mr. Seward. No. 137.] LEGATION OF THE UNITED STATES, SIR: I have the honor to transmit the copies of three notes received by me from Lord Russell. One of these is in reply to a letter of mine of the 28th of December, based upon an affidavit of Frederick Williams, sent to me by Mr. Morse. The substance of it had been anticipated by the publication in the parliamentary papers of the account given by the governor of Bermuda to the secretary of state for the colonies of his reception of the Nashville. As it was there affirmed that this steamer had not been supplied from the government stores, I presume that Williams had been mistaken. The second is in answer to my note of the 24th of February, respecting the treatment of the Flambeau at Nassau. The report is quite in keeping with all that we hear is done in that nest of illicit trade with the rebels. I have not deemed it advisable to pursue the subject. * * * * * * * I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, * CHARLES FRANCIS ADAMS. Secretary of State, Washington, D. C. Earl Russell to Mr. Adams. FOREIGN OFFICE, March 24, 1862. SIR: In my note of the 1st of January, in which I acknowledged the receipt of your note of the 28th of December, enclosing the deposition of Frederick Williams, one of the crew of the Nashville, I had the honor to inform you that I should communicate with the secretary of state for the colonies with the view of obtaining from the governor of Bermuda a correct account of the representations as to the character of that vessel made to him by her commander. The statement of Frederick Williams, it should be remembered, was, that on the arrival of the Nashville at Bermuda the governor had gone on board, and that Captain Peagram had then informed him that the Nashville was not a navy vessel, but was strictly a merchant vessel. I have now the honor to inform you that the governor of Bermuda has assured her Majesty's government that that statement is in every respect untrue; that he never was on board the Nashville, and that the only persons belonging to that vessel with whom he had any communication were Captain Peagram and Colonel Peyton, who called upon him at the government house; that on the occasion of that interview no other person was present, and that no such remark was made to him by either of those gentlemen, nor indeed by any other person at any other time whatever. The governor has further stated that, being aware that Captain Hutton, royal navy, the superintendent of the dock yard, had been on board the Nashville, and thinking it possible that Frederick Williams might have mistaken that officer for the governor, and that some conversation which had passed between Captain Hutton and the officers of the Nashville had given rise to the statement Williams had made, the governor had referred to Captain Hutton, and had ascertained from him that he had been on board the Nashville in order to return Captain Peagram's visit, but that Captain Hutton had disclaimed any conversation such as that related by Williams, and had added that he was particularly cautious that nothing but commonplace civilities should pass between himself and the commander of the Nashville. I have the honor to be, with the highest consideration, sir, your obedient, humble servant, CHARLES FRANCIS ADAMS, Esq., &c., &c., &c. RUSSELL. Earl Russell to Mr. Adams. FOREIGN OFFICE, March 25, 1862. SIR: I had the honor, on the 1st instant, to state to you that I had applied to the proper department of her Majesty's government for information as to the circumstances under which the authorities at Nassau had interdicted to the United States steamer Flambeau the use of a deposit of coal, the property of the United States government, existing at that place. In now communicating to you the result of the inquiries which have been instituted, I assume that the case which you had in view, when you formed your representation, was that of some coal which arrived at Nassau in December last in the United States schooners Caleb Stetson and W. S. Perry. It might perhaps be questioned whether the coal on board those vessels could in strictness be described as a deposit of coal existing at Nassau, but there seems no reason to doubt that it is to that coal that your letter refers. The facts in relation thereto are as follows: In the early part of December the Caleb Stetson arrived at Nassau with a cargo of three hundred tons of coal consigned to the United States consul at that port, and by the report and manifest, delivered at the revenue department, and signed officially by the United States consul as consignee, it appeared that such cargo had been shipped at Philadelphia for that port by "order of the United States Navy Department." The receiver general, having doubts as to the propriety of admitting this coal to entry, applied to the governor for instructions, and the governor, acting under legal advice, gave directions that the coal should be admitted to an entry and landing, but that the United States consul should be informed that it could not be permitted to be used in any manner which might involve a breach of the Queen's proclamation of the 13th of May last, and particularly that the coaling at Nassau of vessels of war of either of the belligerent powers could not be allowed without the express sanction of her Majesty's government having been first obtained. A letter to that effect was addressed by the colonial secretary to the United States consul. While this question was pending, another vessel, the W. S. Perry, laden with coal similarly consigned, had arrived at Nassau, and the United States consul, on receiving the above intimation, declined to have the coal landed, and expressed his determination to keep the same on board of the respective vessels in which it had been imported, until he should receive advices from his government in relation thereto. On the 11th of December the United States vessel Flambeau arrived at Nassau, and on the following day the United States consul addressed to the governor a letter, in which he stated that the Caleb Stetson was leaking badly, and requested permission to land the coal then on board of her, or to discharge a part of it on board of the Flambeau; in answer to which he was informed that, under the decision already arrived at, the coal could not be allowed to be transhipped to the Flambeau, but that there was no objection to its being landed. This privilege, although expressly asked for by the United States consul in his letter, he did not avail himself of. On the 13th of December the United States consul addressed to the acting colonial secretary a letter complaining of coal having been supplied by a merchant to the secessionist vessel Theodora, and asking whether such an act did not constitute a breach of the neutrality adduced in the case of the Flambeau, which vessel, he adds, "I begged permission to furnish with coal yesterday." To this letter the governor caused an answer to be sent, in which the distinction between the two cases was pointed out, and the decision not to supply coal to an armed vessel was adhered to. It was observed that the Theodora was a merchant vessel trading to the port of Nassau, and that being propelled by steam it was necessary, to enable her to pursue her occupation as a trader, that she should be supplied with coal. The furnishing this necessary article, therefore, for her use by a merchant in the way of trade was perfectly lawful, and could not be construed into a breach of neutrality. On the other hand, the Flambeau was avowedly an armed vessel in the service of the federal government. She had entered the port of Nassau and had remained there for some days without any apparent necessity for her doing so, and the authorities had not been informed of the object of her visit. To supply her with coal might, therefore, be to facilitate her belligerent operations, and this would constitute an infraction of the neutrality prescribed by the Queen's proclamation of the 13th of May last. It was also pointed out that the cases of the James Adger and the Nashville, at Southampton, were not parallel cases. Those vessels were some thousands of miles distant from their respective homes, and to them consequently coal was an article of real necessity; whereas the Flambeau was within a very short distance of the ports of her own nation-Key West, for instance, where her necessities could readily be supplied. Moreover, it was incorrect to say that the application of the United States consul had been founded on the necessities of the Flambeau; his application was founded on the alleged necessities of the Caleb Stetson. I trust it will be apparent to you, from the foregoing statement, that the only object which the authorities at Nassau had in view was to preserve a strict neutrality. The obligation to do so was imposed by the Queen's proclamation above referred to, and the contiguity of the port of Nassau to the American coast was an additional reason for adhering strictly to its provisions. In these circumstances her Majesty's government could not withhold from the governor the approval to which he was entitled for the course which he had pursued. The ultimate decision of her Majesty's government on this question is contained in the rules and regulations laid down in my letter to the lord commissioners of the admiralty of the 21st of January last. I take it for granted that that letter has already been brought to your notice, but you will find it at the end of the printed papers lately laid before Parliament, and in the London Gazette of the 31st of January last. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, CHARLES FRANCIS ADAMS, Esq., &c., &c., &c. RUSSELL. No. 218.] Mr. Seward to Mr. Adams. DEPARTMENT OF STATE, Washington, April 1, 1862. SIR: Your despatch of March 13, (No. 131,) has been submitted to the President. I have the pleasure of approving the manner in which you have presented the case of the British steamer Miramon to the notice of her Majesty's government. |