Chap. X. reasons for this rule are, first, to restrain within definite and moderate limits a belligerent right of interference with neutral trade, which might otherwise be extended so widely as to interdict such trade altogether; secondly, in order that neutral ship-owners and captains may not be misled, to their own loss, by seeing a nominal prohibition set at nought with impunity. These objects are frustrated if there be not constantly on the spot, either at anchor or cruising to and fro, a sufficient force, sufficiently near, and acting with sufficient vigilance, to prevent ingress or egress, or at any rate to make it really hazardous: if these conditions be not satisfied, it is no blockade at all, and neutrals are entitled to disregard it, and to demand, if captures are made, the restitution of their ships and cargoes. The blockade of the southern coasts was certainly not free from irregularities, nor was it efficient at all points; it was instituted before the Government had a competent blockading force in readiness; it covered nominally more ground than the force could really occupy; and at more than one place it was intermitted and resumed without notice. The British Government was right, however, in forbearing to insist on these defects as grounds of complaint. The commencement of a blockade is seldom free from difficulties, and this had some peculiar difficulties. The Government of the United States was exerting itself to overcome them, and had every motive to exertion. Credit should be given to blockading officers for reasonable activity and vigilance, till the contrary is shown. If irregularities can be proved, recourse may be had to a Prize Court, which will decree restitution; and, unless they are manifest and long continued, or appeals to the tribunals of the belligerent be met by a plain denial of justice, the neutral Government will act wisely and properly in not taking the matter into its own hands. CHAPTER XI. Confederate Ships in Neutral Ports-(1) Unarmed Vessels; course pursued by Great Britain, Russia, Spain.-(2) Armed Ships; the Sumter visits successively Cuba, Curaçoa, Trinidad.-Remonstrances and Demands of the Government of the United States.Answers of the Governments of Spain, the Netherlands, Great Britain.-British Orders of January 1862.-Effect of them.-The Nashville and Tuscarora at Southampton.-Rule of Twenty-four Hours.-The Sumter and Iroquois at Martinique. TOWARDS the end of June 1861 a merchant-vessel under the Confederate flag made her appearance in the Port of London. This was the first case of the kind, and Mr. Adams lost no time in asking what treatment she would receive, especially in respect of her clearance outwards, which he feared might be regarded as involving some recognition of the Confederate States. He was informed that according to our laws the flag which a foreign vessel might carry was not material; that the production of her papers was not required; that the master had only to state the country to which she belonged, and that "America" would be quite enough. The Peter Marcy had been reported inwards as "of New Orleans in America ;" and a like description would be accepted on her clearance. The Peter Marcy therefore remained unmolested in the Victoria Dock, flying her Confederate flag. As early as the preceding April the same question Chap. XI. had been raised at St. Petersburg by the American Minister (Mr. Appleton) then residing at that Court. Prince Gortschakoff had answered that, while things continued as they were, commerce between Russia and the Confederate States would not be interrupted. As to ships clearing from Southern ports, any informality in their papers would be overlooked. They would be received as vessels belonging to the United States, but by reason of existing troubles unprovided with the usual evidence of nationality. If they chose to deny that they belonged to the United States, that would make no difference. This involved no recognition of nationality; it was a concession in aid of commerce. Regulations to this effect were subsequently issued by the Departments of Marine and Trade: "In case any merchant-vessels arrive in our ports belonging to the Southern States of the American Union, the same not acknowledging the authority of the Government of the United States of America, the said vessels are to be received and treated as hitherto according to the Treaty of 1832,1 should even their ship's papers not be in order, which may occur in consequence of the present political condition of the United States of America. "Should the crews of vessels belonging to the seceded States not wish to acknowledge the authority of Consuls appointed by the Federal Government of Washington; then, in case of dispute, they must abide by the decision of our local authorities, in the same manner as foreigners whose Governments have no representatives in our Empire." A similar course was adopted, but not without dispute, by Spain. The Governor of Cuba having issued an order under which "vessels proceeding from and bearing the flag of the Southern Confederacy" were to be permitted to enter and clear "as vessels proceeding from a foreign nation which had no accredited Consul within this territory," Mr. Seward wrote to Mr. Schurz 1 The Treaty of Commerce of 10th December, 1832, between Russia and the United States. to express dissatisfaction. His Government expected, Chap. XI. he said, that such vessels should be treated in all respects as American, and subject to the laws and consular authority of the United States. "The waiving of the irregularity of the papers in such cases is consented to ex necessitate and for the present time only, and is not to be drawn into precedent. But when this Government shall see fit to withdraw this concession due notice will be given to foreign Powers." Señor Calderon Collantes refused to comply with this unreasonable requisition. Spain, he answered, could not oblige such vessels by force to submit to the Consular officers of the United States. Nor would he admit "that the admission of vessels without regular papers depended on a concession on the part of the Government of the United States, which might be granted or withdrawn at pleasure. The Spanish Government claimed a right to adhere to its rule of action as long as the necessity existed."2 These cases fairly represent the general course which nations may be expected to pursue in respect of the unarmed ships of a revolted community, whose independence has not been recognized. Another and a more serious question arose when the armed ships of the Confederacy began to show themselves in foreign waters. The cruise of the Sumter carried her, as we have seen, to ports under the dominion of Spain, of the Netherlands, of Venezuela, Brazil, Great Britain, and France. Her first appearance was in the little bay of Cienfuegos on the south coast of Cuba. She arrived on the 6th July, with a train of six prizes, supplied herself with coal and water, and sailed immediately, leaving her prizes in harbour, and putting on shore their officers and crews, together with the crew of another vessel which 1 Mr. Seward to Mr. Schurz, 18th September, 1861. Chap. XI. she had burnt at sea. Mr. Seward was no sooner apprised of these circumstances than he addressed a demand for satisfaction to the Spanish Minister at Washington: "It is the duty of the Undersigned to bring this extraordinary transaction to the notice of the Spanish Government. This Government will cheerfully receive any explanation of it which the Spanish Government may feel itself at liberty to give. But in the meantime, assuming the facts to be correctly presented as they are above stated, the Undersigned is instructed by the President of the United States to inform the Spanish Government that he deems the admittance of the said piratical vessel, the Sumter, into the port of Cienfuegos, with the captured vessels and crews before described, her supply there with coal and water, and her permitted departure, to have been in violation of the Treaties existing between this Government and Spain, as well as of the law of nations; and this Government, in this view, will expect the immediate release and discharge of the captured vessels and their cargoes. Reserving the subject of indemnity for the injury inflicted upon the United States by the transaction, as recited, until time for explanation shall have been afforded, the Undersigned is nevertheless instructed to ask at once that Her Catholic Majesty's Government will take effective measures to prevent the recurrence of transactions in the ports of Spain of the kind now in question, which are not more injurious to the commerce of the United States than towards that of Spain herself and of all other commercial nations."1 Señor Tassara replied on the 9th of August : Señor Tassara to Mr. Seward. (Translation.) "Legation of Spain at Washington, Washington, August 9, 1861. "The Undersigned, Envoy Extraordinary and Minister Plenipotentiary of Her Catholic Majesty, has the honour to bring to the knowledge of the honourable Secretary of State of the United States that, according to an official communication of the 28th of July, from the CaptainGeneral of the Island of Cuba, the vessels belonging to citizens of the United States taken into the port of Cienfuegos by the steamer Sumter have been set at liberty, the examination of the case proving 1 Mr. Seward to Señor Tassara, 15th July, 1861. |