Gross 24. Januar 1863. under pretext of a pleasure excursion, escaped from Liverpool. With regard No. 660. to the very different circumstances of 1793 and 1794, those circumstances are britannien, recorded in history. It is notorious that M. Genet, the French Minister to the United States, fitted out privateers in the ports of the United States, that he boasted in his despatches of the captures of British vessels which those privateers had made, and that he procured a sham condemnation of those vessels captured in neutral ports. It is notorious also that he endeavoured to make the United States the basis of his operations and attempts to raise rebellions against England in Canada, and against Spain in Louisiana *). According to your own account the United States purposely delayed to give any redress to the complaints made by the British Government, of the captures of British merchant-vessels, because they felt unwilling to act on a policy of repression till they had given due notice of the construction they put upon a Treaty offensive and defensive with France, which had been quoted in defence of the depredations committed on British commerce. It is evident that by so acting the United States' Government deliberately made themselves parties in the interval to the proceedings carried on in their own ports, and the same Government, with the sense of justice which distinguished them, made compensation afterwards for the injuries inflicted under cover and protection of their own flag, and promised to exclude French privateers ,,from all further asylum in their ports **)." In Mr. Jefferson's letter, quoted by you, he says: „Having for particular reasons forborne to use all the means in our power for the restitution," &c. Here is the injury stated, and here are the grounds why it was permitted. ¶ But the British Government have given no asylum to belligerent privateers bringing prizes into British ports. They have no particular reasons to allege. They have not forborne to use all the means in their power. They have used all the means they could use consistently with the law of the land; and, by no fault of theirs, those means, in a single instance, proved inefficacious. There was no want of a statute to enforce, nor of a will to enforce it; evidence was wanting, and an authority to decide upon that evidence, till it was too late. But Her Majesty's Government cannot promise the United States to act without evidence, nor to disregard the legal authority of their own Law Officers. ¶ As to other points we are nearly agreed, so fare as the law of nations is concerned. But with respect to the statement in your letter that large supplies of various kinds have been sent from this country by private speculators for the use of the Confederates, I have to observe that that statement is only a repetition in detail of a part of the assertion made in my previous letter of the 19th ultimo, that both parties in the civil war have, to the extent of their wants and means, induced British subjects to violate the Queen's Proclamation of the 13th of May, 1861, which forbids her subjects from affording such supplies to either party. It is no doubt true that a neutral may furnish, as a matter of trade, *) See, besides the usual authorities,,,Jefferson and the American Democracy," by M. de Witt. Appendix 8. **) See despatch of the President to Mr. Hammond, September 5, 1793. No. 660. supplies of arms and warlike stores impartially to both belligerents in a war, britannien, and it was not on the ground that such acts were at variance with the law of Gross 24. Januar 1863. nations that the remark was made in the former note. But the Queen having issued a Proclamation forbidding her subjects to afford such supplies to either party in the civil war, Her Majesty's Government are entitled to complain of both parties for having induced Her Majesty's subjects to violate that Proclamation; and their complaint applies most to the Government of the United States, because it is by that Government that by far the greatest amount of such supplies have been ordered and procured. I do not propose to discuss other collateral topics which have been introduced, but in explanation of my former letter I must say that I never meant to accuse you of giving any encouragement to the enlistment of British subjects in this country to serve in the civil war unhappily prevailing in the United States. But it is notorious that large bounties have been offered and given to British subjects residing in the United States to engage in the war on the Federal side; and these British subjects, acting in defiance of the laws of their country and of the Queen's Proclamation, have been encouraged by the United States' Government so to act. ¶ A recent and striking example of the open avowal of this course of conduct on the part of the United States' Government is to be found in the correspondence between Mr. Seward and Mr. Stuart with reference to the crew of the,,Sunbeam," in which, although it does not appear that any bounties were offered, Mr. Seward has treated an endeavour to induce British sailors to enlist in the belligerent service of the United States as affording no ground of complaint to Her Majesty's Government. I am, &c. To Mr. Adams, etc. Russell. No. 661. No. 661. Vereinigte VEREINIGTE STAATEN von AMERIKA. Gesandter in London a. d. königl. Replik auf dessen vorstehende Note vom 24. Januar. Legation of the United States, London, January 26 (received January 27.), 1863. - My Lord, I have the honour to acknowledge the reception of Staaten, your Lordship's note of the 24th instant, in reply to some portions of mine of 1863. the 30th of last month, respecting the case of the outfit from Liverpool of gun 26. Januar boat,,No. 290" to depredate on the commerce of the United States. ¶ Your Lordship is pleased to raise a discussion on the following statement made by me. I quote the paragraph as it stands in your note: ¶,,The admitted fact of a violation of a statute of this kingdom intended to prevent ill-disposed persons from involving it in difficulty, by committing wanton and injurious assaults upon foreign nations with which it is at peace, of which Her Majesty's Ministers are invited [by a party injured] to take cognizance; of which they do take cognizance so far as to prepare measures of prevention; but which, by reason of circumstances wholly within their own control, they do not prevent in season to save the justly complaining party from serious injury. On the substantial points of the case, little room seems left open for discussion."Out of my profound respect for your Lordship's representation, I have reviewed the whole of this paragraph with the utmost care. I am compelled now to confess that I can perceive no ambiguity in the meaning sufficient to justify any of the implications which your Lordship appears to desire to raise from it. Starting from a point of moral obligation, in my view as strong between nations as it is between individuals, that injuries inflicted on an innocent party, of which, if not prevented, it has a right to complain, provided that it give notice in time seasonable for the application of adequate means of prevention, should be so far as practicable repaired or compensated for by the party that does the wrong, or suffers it to be done by persons under its control, I have applied the general principle to the case before me. The fact that warning had been given in full season to prevent the departure of ,,No. 290" does not depend upon my statement, inasmuch as it is simply a question of dates open to the inspection of all men. The fact that Her Majesty's Government were convinced of the justice of the representation made, is patent from the determination to which your Lordship admits that they ultimately came to detain the vessel. The fact that this decision was so long delayed as to fail in effecting the object intended, whereby great injury has been actually done, and is yet likely to ensue to the commerce of the United States, is equally a question purely of dates. Inasmuch as these constitute the substance of the paragraph of my note to which exception is taken, I must confess myself wholly at a loss to perceive upon what ground any doubt can further be raised about it. ¶ But your Lordship proceeds to do me the honour to address a series of questions to me as to the possible meaning that may be conveyed in my language, which might imply, from the failure to act of Her Majesty's Government, motives of some kind or other that I have not distincly expressed. I must respectfully ask to be excused from entering into any such field of controversy. I desire neither to make charges nor to raise implications of an unnecessary nature to complicate the difficulties of this painful subject. All that I deem it my duty to know is that a grievous wrong has been done to an innocent and friendly nation, by what seems to me to have been a most unfortunate delay in effecting a prevention that later experience conclusively shows ought to have been applied in time. Of the reasons that prevented such an application, inasmuch as none of them could have grown out of the course of the injured party, I have no wish to enter into a discussion. The principle of justice is not merely that right should be done, but that it should be sufficiently prompt to effect its object. Otherwise it is justice denied. Upon that I am content to rely. As it is probable that I may receive at an early moment further instructions from my Government in respect to the substantial point involved in the present correspondence, I deem it unadvisable farther to take up your Lordship's time by enlarging the limits of the discussion of purely incidental questions. I desire to express my obligation to you for the ready and full manner in which your Lordship has exonerated me from the suspicion of encouraging the enlistment of Her Majesty's No. 661. Vereinigte Staaten, 26. Januar 1863. 26. Januar 1863. No. 661. subjects in the service of the United States. At the same time it is not without To Earl Russell. ¶ I pray, &c. Charles Francis Adams. No. 662. Vereinigte No. 662. VEREINIGTE STAATEN von AMERIKA. — Gesandt. in London an d. königl. gross- -- Legation of the United States, London, February 9 (received February 11), 1863. 9. Februar officers of the so-called authorities now stationed in Richmond, in the insurgent L Vereinigte 9. Februar 1863. and that so far as may be in their power, they are bent on making her kingdom No. 662. subservient to their purpose of conducting hostilities against a nation with which Staaten, she is at peace. I trust I may be permitted to add, that if my Government could have been induced in any way to initiate similar operations within the limits of this kingdom, I should have regarded it as very justly subject to the remonstrances which your Lordship has been pleased to address to me on account of acts of incomparably smaller significance *). ¶ I pray, &c. Charles Francis Adams. To Earl Russell. *) Nachstehend theilen wir aus der oben erwähnten Correspondenz die für die vorliegende Frage wichtigsten Schriftstücke auszugsweise mit: Unterm 28. October 1862 schreibt der Staatssecretär der Conföderirten Staaten, Mr. Benjamin, an seinen Agenten Mr. Mason in London u. A. : The arrangements made by the bearer of despatches Nos. 16 and 17 for facilitating intercourse between us have been approved, and will be continued as long as successful. The details will be explained to you by the bearer of this despatch (Mr. George Sanders) in person. The subject of a loan, based on cotton certificates, has been fully considered, and you will receive herewith a communication from the Secretary of the Treasury informing you of the conclusions reached by us after much deliberation. I communicated to the Secretary your tender of services in connection with this matter, and he requests me to express his thanks, and to solicit your aid and co-operation in any movements that may be made to secure success by Mr. Spence, to whom the Government has confided the business, in consequence chiefly of your recommendation. He had been appointed to take charge of other negotiations before the receipt of your last despatches. The President desires me to express his approval and satisfaction with your conduct in assuming, under the circumstances, the responsibility in making the arrangements necessary for the success of Captain Sinclair in his arrangements for building a ship. It is gratifying to perceive that you had, as was confidently anticipated, reviewed your impressions, and determined not to withdraw from London without the previous instructions of the President. Your correspondence with Earl Russell shows with what scant courtesy you have been treated, and exhibits a marked contrast between the conduct of the English and French Statesmen now in office in their intercourse with foreign Agents eminently discreditable to the former. It is lamentable that at this late period in the nineteenth century a nation so enlightened as Great Britain should have failed yet to discover that a principal cause of the dislike and hatred towards England, of which complaints are rife in her Parliament and in her press, is the offensive arrogance of some of her public men. The contrast is striking between the polished courtesy of M. Thouvenel and the rude incivility of Earl Russell. Your determination to submit to these annoyances in the service of your country, and to overlook personal slights, while hope remains that your continued presence in England may benefit our cause, cannot fail to meet the warm approval of your Government. . . . ." Mr. Memminger, Finanzminister der Conföderirten Staaten, schreibt unter dem 24. October 1862 an Mason u. A. :,,. . . . At your suggestion, I have appointed Mr. James Spence, at Liverpool, financial agent, and have requested him to negotiate for the sale of 5,000,000 dollars of our 8 per cent. bonds, if he can realize 50 per cent. on them. I have already sent over 2,000,000 of the bonds, and will send another million in a week or ten days. Mr. Spence is directed to confer with Messrs. Fraser, Trenholm and Co., who had previously been made our depositaries at Liverpool. Had I known with certainty where they were, I would also have referred him to you, and I would thank you now to place yourself in correspondence with him.¶I have also directed Mr. Spence to endeavour to negotiate for |