agement to the rebels by their treatment of questions of international maritime law had probably an influence on the Secretary of State and more deeply enlisted his sympathies with those who were zealous for carrying on upon the high seas, private as well as public war against the insurgents. No encouragement was given by the administration, for privateers, but the pressure from without, naturally led to occasional discussions in the Cabinet, which developed the different views entertained by the heads of the two departments most interested. But no decisive steps were taken, and this was in itself the naval policy. At the extra session of Congress in July, the subject was entertained by the members and among the acts passed conferring authority on the Executive, was one empowering the President to "authorize the commanders of armed vessels sailing under the authority of any letters-ofmarque and reprisal granted by Congress-to subdue, seize, take, and if on the high seas to send into port." But Congress omitted to authorize the issuing of letters-of-marque and prescribe conditions for the government of privateers; the enactment however served to relieve the administration in a measure from many of the schemes that had been urged. Shortly after Congress adjourned several highly respectable merchants of Boston engaged in the China trade, apprehensive that "rebel cruisers might get into those seas" addressed a 'communication to the Secretary of the Navy suggesting the "expediency of letters-of-marque or other commission," under the provision of the recent enactment. Application was also made to the Secretary of State by some of the same parties for let ters-of-marque to the steamer Pembroke which was about sailing from Boston to China. Mr. Seward in view of the differences between the State and Navy Departments instead of answering this letter direct, referred it with an inquiry to me. My reply to him which the President approved, and which I here insert, corresponded with my answer to the merchants, and Mr. Seward disposed of the application to himself, by sending out and publishing my letter to him. This relieved him of responsibility. "SIR: "NAVY DEPARTMENT, Oct. 1. 1861. "In relation to the communication of R. B. Forbes, Esq., a copy of which was sent by you to this Department on the 16th ultimo, inquiring whether letters-ofmarque cannot be furnished for the propeller Pembroke, which is about to be despatched to China, I have the honor to state that it appears to me there are objections to, and no authority for, granting letters-of-marque in the present contest. I am not aware that Congress, which has exclusive power of granting letters-of-marque and reprisal, has authorized such letters to be issued against the insurgents; and were there such authorization, I am not prepared to advise its exercise, because it would, in my view, be a recognition of the assumption of the insurgents, that they are a distinct and independent nationality. "Under the Act of August 5, 1861, 'Supplementary to an Act entitled An Act to protect the commerce of the United States and to punish the crime of piracy,' the President is authorized to instruct the commanders of armed vessels sailing under the authority of any letters-of-marque and reprisal granted by the Congress of the United States, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas to send into any port of the United States any vessel or boat built, purchased, fitted out, or held,' etc. This allusion to letters-of-marque does not authorize such letters to be issued, nor do I find any other act containing such authorization. But the same act, in the second section, as above quoted, gives the President power to authorize the 'commanders of any suitable vessels to subdue, seize,' etc. Under this clause, letters permissive, under proper restrictions and guards against abuse, might be granted to the propeller Pembroke, so as to meet the views expressed by Mr. Forbes. This would seem to be lawful, and perhaps not liable to the objection of granting letters-of-marque against our own citizens, and that too, without law or authority from the only constituted power that can grant it. “ "I have the honor to transmit herewith a copy of a letter from Messrs. J. M. Forbes & Co. and others, addressed to this Department, on the same subject. "I am very respectfully, "WM. H. SEWARD. "Your obedient servant, "Secretary of State." The letter had the effect apparently of satisfying for a time, at least, those who had taken the deepest interest in the subject. But the ravages of the Sumter, which vessel was hailed with friendly welcome and supplied in British ports, with the subsequent depredations of the Alabama and Florida-English built, and manned chiefly by Englishmen, aroused the indignation of the whole country. This indignation was increased and aggravated by the conduct of the British government in excluding all United States cruisers from the English ports in China, though the seas of that empire were infested by pirates, and the whole commercial world was interested in their suppression. While our national ships in English ports received only grudging hospitality it was notorious that the semi-piratical vessels with no recognized nationality, though substantially English vessels sailing under the rebel flag were capturing, plundering and wantonly destroying our commerce, and that the injury to us was to the benefit of England. Under these wrongs and outrages our whole commercial marine became greatly excited, and could the country have been united, a war with England, more calamitous than any she had ever known, would have made havoc with her commerce. But our condition was such that forbearance became a duty, and the government while engaged in prosecuting a war with the rebels was also subjected to a severe trial, in restraining the popular demand for reprisals which would likely have begotten a war with Great Britain;—for though the crown was not unfriendly to the Union it was known that English capital was largely engaged in illicit traffic with the insurgents and in running and evading the blockade. At the same time the unnatural and unfriendly conduct of her ministry, who put forth no arm to prevent, but craftily connived at schemes against the Union was felt, and will be remembered against the Administration of Palmerston and Russell. It is some gratification to remember now when those dark days are over, that in addition to the award of fifteen millions for the criminal wrong we suffered from England, our navy, without assistance from privateers, captured more than thirty millions of property engaged in illicit traffic and running the blockade, no inconsiderable portion of which was English capital. While the public mind was inflamed by the wrongs inflicted, complaints were made of the want of efficiency on the part of the navy and Navy Department. Privateers, letters-of-marque were called for, regardless of the necessities of the case and of the consequences of committing to greedy and reckless adventurers the highest and most delicate responsibilities of government, an abuse of which would endanger our peace with other nations. To meet and dispose of these demands required decision and effort. The Secretary of State instead of repressing, quietly favored the privateer policy which had its advocates in certain persons and circles in New York. Fortunately the President, cautious but firm, maintained a prudent and wise reserve, and committed himself to no project that was likely to endanger the national welfare. There were also judicious and discreet minds in Congress that deprecated the policy of sending out letters-of-marque in this war with rebels; but the subject was much agitated, and in July 1862, Mr. Seward wrote to Mr. Adams, that he might inform Earl Russell "Since the Oreto and other gunboats are being received by the insurgents from Europe to renew demonstrations on our national commerce, Congress is about to authorize the issue of letters-ofmarque and reprisal, and that if we find it necessary to suppress this piracy we shall bring privateers into |