Charles Francis Adams to John Russell, 1st Earl Russell, July 28, 1862
Mr. Adams to Earl Russell.
My Lord: I have the honor to acknowledge the reception of your note of the 25th instant, in answer to mine of the 14th, touching the case of the United States steamer Saginaw. In reply to my suggestion of a seeming difference of treatment experienced at Gibraltar in the case of the Sumter and at Hong Kong in the case of that vessel, your lordship remarks that it is to be attributed to the fact that the Sumter was in the waters of Gibraltar before the proclamation had been issued, whereas the Saginaw went to Hong Kong subsequently to its issue.
If by this it be understood that the date of issue of the proclamation in London is the rule applied to vessels happening to be at the most remote dependencies of Great Britain, I must admit that these two cases are not precisely parallel. My impression had been that that paper was not designed to have a retroactive operation, but that it went into effect, as is often the case in treaties, from the date of reception and notice by the local government of the distant colony to which it was to apply. In that view it would seem that the Saginaw had arrived at Hong Kong more than a fortnight prior to the issue of the governor’s proclamation.
In making the representation respecting the case of the Saginaw it was not, however, my desire to raise this question as one of primary importance. I rather wished to point out the exceptional nature of the China seas, in which all commercial nations seem to have a common interest in rendering to each other, so far as possible, a mutual support.
I pray your lordship to accept the assurance of the highest consideration with which I have the honor to be, my lord, your most obedient servant,
The Right Hon. Earl Russell.