Right Hon. Earl Russell to Charles Francis Adams, April 11, 1864

[Enclosures.]

1. Lord Russell to Mr. Adams, April 11, 1864.

2. Mr. Adams to Lord Russell, April 16, 1864.

Lord Russell to Mr. Adams.

Sir: I should not have thought it necessary to prolong the correspondence which has passed between us in regard to the treatment of British subjects found on board the vessels captured in attempting to run the blockade, had it not been for the passage in your note of the 15th ultimo in which you say, “For whereas in common cases it is the duty of the captor to presume the parties to be neutrals, by the new element now introduced it becomes his duty to presume them to be guilty until they can show the contrary.”

I feel it incumbent upon me to say, that if the meaning of this passage be that captured British vessels or their cargoes are generally to be treated, henceforth, on a different footing from that on which, by international law, all neutrals are placed—that is, if they are to be all presumed, in the first instance, to be engaged in the enemy’s service, and to have thrown on them the burden of proving the contrary, her Majesty’s government could only regard such conduct as a violation of international law, to which they could not in any way consent. Her Majesty’s government must therefore protest against the adoption of such a course.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Mr. Adams to Earl Russell.

My Lord: I have the honor to acknowledge the reception of your note of the 11th instant, taking exception to a passage in mine of the 15th ultimo.

I have carefully re-examined the circumstances connected with the proposition objected to, with the care which is customary with me when I find myself so unfortunate as to differ with your lordship, but I regret to confess my inability to at any varied conclusion.

In further confirmation of the position taken, I now have the honor to transmit to you copies of certain papers which have lately come into my possession. These consist of a printed paper purporting to be an act passed by the insurgent authorities at Richmond, “to provide for the public defence,” and another called “official regulations to carry into effect the aforesaid act.” Inasmuch as these are found in a newspaper printed in London, and avowed to be in the interest of the insurgents, and entitled “confederate official documents,” I presume there can be no question of their genuineness.

I pray your lordship’s particular attention to the express condition exacted from all vessels engaged in trade with the insurgent ports, that one-half of the tonnage of each vessel may be employed by the so-called government for its own use both on the outward and homeward voyage.

In other words, the rebel authority insists upon the right to convey, on its own account, under the shelter of a neutral flag, the means to retain its resistance to the United States, to the extent of at least one-half of the capacity of every vessel employed in the trade. This is a fact brought home to the knowledge of every person engaged in it, by the necessity of giving bonds for the faithful execution of the condition. Concurrently with this, I ask your lordship’s attention to another paper, being an exact copy of a private and confidential circular which has been lately issued by parties well known in London. The object of this scheme is obviously concerted action to carry into full effect the purposes contemplated in the regulations aforesaid, to wit: to furnish facilities from this kingdom to the rebel authorities for transporting, on their own account, under the flag of Great Britain, supplies to enable them to continue the war, on the one side, and the commodities with which to pay for them, on the other.

I cannot avoid the conclusion that this proceeding, taken in all its parts, must be regarded by my government as placing British subjects and British ships engaged in this trade in the category of allies and servants of the insurgents; and inasmuch as no persons appear to be permitted to be engaged in it but those who comply with the conditions, it necessarily follows that all must be considered as enemies, and liable to be treated accordingly.

It is proper, however, for me here to observe, that I have made the present representations on the strength of general instructions heretofore given to me by my government. Time enough has not elapsed for it to receive information of the extraordinary facts developed by the appearance of these papers. I have felt it my imperative duty to lose no time in submitting this remonstrance to your lordship, while I transmit a copy for the approbation of my government.

I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant,