Chap. X. "My Lord, Mr. Seward to Lord Lyons. "Department of State, Washington, May 27, 1861. "I have the honour to acknowledge the receipt of your Lordship's note of the 22nd instant. Having first submitted the same to the Secretary of the Navy for the purpose of obtaining information concerning the facts which it presents, I proceed to answer it. "The intention of the Government of the United States is to exclude all commerce, as well its own as that of foreign nations, from the ports of certain States which are in an insurrectionary condition, with a view to suppress the insurrection and establish the authority of the Federal Government. "The equitable form of a blockade was adopted for that purpose: due notice of this purpose was given by the Proclamation of the President. The blockade as to the port of Charleston was carried into effect on the 11th day of this month, the United States' ship of war Niagara having taken her position there and enforced the blockade. "The blockade of the port of Charleston has been neither abandoned, relinquished, nor remitted, as the letter of Her Britannic Majesty's Consul would lead you to infer. We are informed that the Niagara was replaced by the steamer Harriet Lane, but that, owing to some accident, the latter vessel failed to reach the station as ordered until a day or two after the Niagara had left. "I forbear from discussing the effect of the absence of the blockading force upon any vessel that might have entered or departed from the port of Charleston during that brief time. Your note does not submit any such case as having actually occurred. "I hasten, however, to express the dissent of this Government from the position which seems to be assumed by your note, that that temporary absence impairs the blockade and renders necessary a new notice of its existence. This Government holds that the blockade took effect at Charleston on the 11th day of this month, and that it will continually be in effect until notice of its relinquishment shall be given by Proclamation of the President of the United States. It is intended and expected that the blockade will be constantly and vigorously maintained. If any failure in that respect shall occur to the prejudice of any party or nation, its representations to that effect will be promptly considered. "I avail, &c. (Signed) "WILLIAM H. SEWARD." Mr. Seward was mistaken. The little steamer mentioned in his letter had not shown herself at Charleston, nor indeed would it have affected the question if she had. A blockade, once begun, does not continue until notice Chap. X. of its relinquishment has been given by proclamation. It continues just so long as it is maintained by the actual presence of an adequate blockading force, and no longer. The utmost that can be said is, that where there has been a regular notification, courts of justice will act on the presumption that it continues to exist until that presumption is displaced by evidence. The burthen of proof, in short, is thrown on the neutral ship-owner. But even this distinction is disapproved by continental jurists. The temporary absence of the blockading force, if it be such an absence as to remove the risk of capture, not only impairs the blockade but discontinues it, unless the absence be involuntary and caused by stress of weather. If the blockading ships be blown off by a gale, the reasonable presumption is that they will return as soon as weather permits, and the neutral trader is therefore bound by that presumption. But no such presumption arises when they are sent away on other service, nor even where, without orders, they chase to a distance from the port. Nor is the neutral bound to inquire whether the intermission is due to a miscalculation on the part of the Government, or to mistake or disobedience on that of its officers, or to any accidental cause. These are matters not within his knowledge. What he knows is that the coast is clear; and, knowing that, he has a right to act on it. After the arrival of the Minnesota, the blockade was maintained by from one to four ships, one steamfrigate at least usually lying off the bar between the two principal channels which afford entrance to the harbour, and another or others of inferior force cruising within signalling distance. Savannah was blockaded on the 28th May by the Union, a small steamer of 600 tons, 1 The Niagara was understood to have been sent hastily southwards to intercept a cargo of arms which was believed to be coming from Belgium. Chap. X. carrying five guns and thirty men, which had been chartered by the month for this service. She disappeared on the 1st June, leaving the port open, but returned on the 10th, and there was no subsequent intermission. On the 13th May a British ship was warned off from Pensacola, but told that Mobile was still open.1 About the 26th, however, the Powhatan showed herself before the latter port, and the Confederate officer in command of the forts received notice from Captain Porter that the place was under blockade. The Powhatan soon afterwards proceeded to the Balize, where she joined the Brooklyn in guarding the two principal passes through which the waters of the Mississippi find their way to the sea. Some circumstances which marked the commencement of the blockade at this place deserve to be recorded; and they cannot be told better than in the words of Mr. Mure, British Consul at New Orleans, whose report (dated 6th June) does credit to himself, as well as to the United States' officer in command: (Extract.) Consul Mure to Lord John Russell. "New Orleans, June 6, 1861. "I have the honour to lay before your Lordship a statement of the proceedings which I have been obliged to adopt for the purpose of protecting the interests of British merchants and ships since the announcement that the threatened blockade was established at the passes of the Mississippi river. 1 This vessel, the Perthshire, loaded a cargo of cotton at Mobile, and sailed on the 30th May. On the 9th June she was captured by the steamer Massachusetts, but was released on the 12th by direction of the Captain of the Niagara, who "considered the capture illegal, as, by order of the Department, no neutral vessel not having on board contraband of war was to be detained or captured unless attempting to leave or enter a blockaded port after the notification of blockade had been indorsed on her register." The owner made a claim for 2001. compensation on account of the detention of his ship, which had lost twelve days of her voyage; and the claim was allowed and paid by the Government of the United States. "No official notice had been given of the blockade; but as the report was current, and announced in the newspapers, that two vessels of war were off the Passes, I immediately apprised the masters of the British vessels in port to lose no time in completing their cargoes, as I had been informed by Her Majesty's Minister at Washington that, after the blockade was established, the time for vessels to leave, with or without cargo, was limited to fifteen days. "In consequence of the low stage of the water on the bar nearly thirty vessels were at this time detained, being unable to get to sea. The greater number were bound for Liverpool, and the aggregate value of their cargoes could not be less than 1,000,000l. sterling. It therefore became a matter of great importance to know the course which the blockading squadron would pursue towards those vessels, some of whom had left the port six weeks before the blockade. "On the 1st current, I was informed that the Tow-Boat Company had that day ordered all their tow-boats to withdraw from the bar and return to the city, in consequence of apprehensions being entertained by them that their boats might be captured while engaged in tugging the vessels to sea. Although it appeared to me that their apprehensions were groundless, as the tow-boats ought to be considered in the light of neutrals and identified with the vessels that employed them, yet the Directors refused to permit their boats to resume operations at the bar until they received the assurance from the foreign Consuls that no attack should be made on their boats while engaged in the service of transporting vessels to sea. "As no time was to be lost in endeavouring to remove this obstacle, it was resolved by myself and the Consuls of France and Spain to proceed at once to the Balize, and confer with the Commanders of the blockading vessels. Accordingly on the 2nd current we proceeded down the river in a boat, accompanied by the Consul for Bremen and one of the Managers of the Tow-Boat Company. We directed our course to the Pass à l'Outre, where the United States' steam-ship Brooklyn was at anchor, blockading that pass. Having exhibited the flags of our respective nations, we were immediately received on board, with the usual formalities. We had a long conversation with Captain Poore, who expressed a desire to take as liberal a view of his instructions as he could, consistently with the duty entrusted to him. He recommended us to visit the United States' steam-ship Powhatan stationed at the South-west Pass, about 28 miles distant. We arrived there late in the afternoon of the 3rd, and were received very courteously by Captain Porter, the Commander of the Powhatan. "In order not to trespass on your Lordship's time, I shall merely give a résumé of the points discussed connected with the blockade, and the result of our conversation : : "1. The day on which the blockade was established had been officially announced by Captain Poore, of the Brooklyn, on the 26th К Chap. X. Chap. X. of May, in a letter to Major Duncan, commanding one of the forts near the mouth of the Mississippi River. Major Duncan omitted to communicate this intelligence publicly. The time when vessels could leave was therefore limited to the 10th of June. I urged that this date should be considered as applicable to vessels clearing from the port, and that some time should be allowed for them to be towed down the river and over the bar. To this suggestion both captains gave their consent, and designated the 14th current as the final day. "2. Regarding the immunity of tow-boats from molestation while engaged in taking vessels to sea, both captains assented to my view that they were to be regarded in the light of the sails of the vessel, or as pilots; in fact, to be treated as neutrals. The Commanders stated, however, that they were well aware that some of the old tow-boats carried guns, and had become privateers, and that to them no privileges could be accorded. In order to prevent any misunderstanding upon this point, I handed them a list of the names of the boats employed by the Association. "3. The next and last point discussed was the position of those vessels which had been detained for several weeks by the low state of water on the bar. The Commanders of the blockading vessels stated that their instructions from the Secretary of the United States' Navy did not allow them discretion to extend the time, but under the peculiar circumstances of the case, they would take the responsibility, and give some latitude to those vessels, provided efforts were made to get them off, and no partiality was shown by the Tow-Boat Company in taking over certain vessels owned in the South. "I have thus given to your Lordship an abstract of the conversation we had with the Commanders of the blockading vessels, who readily assented to our requests. Before we left the bar to return to the city, we had the satisfaction of knowing that all the tow-boats were ordered to resume operations. Since our arrival I have been informed that twelve vessels have been towed to sea, and I hope that very few will be detained at the bar on the 14th current. I deemed it my duty to visit the squadron, in order to prevent, as far as possible, a large amount of property belonging to British subjects from being locked up for an indefinite period, and I feel assured that your Lordship will approve of the steps which I adopted to accomplish this end." A like permission to use tow-boats had been given at Mobile, and there, as well as at Pensacola, the British ships in port got safely to sea. Galveston, in Texas, was blockaded on the 2nd June by a single ship, the South Carolina, which afterwards armed one of her prizes and employed her as a tender. |