Right Hon. Earl Russell to Charles Francis Adams, April 19, 1862

Earl Russell to Mr. Adams..

Sir: You are doubtless aware of the circumstances under which the British steamer Labuan was lately seized at Matamoras, Mexico, by the United States frigate Portsmouth and conveyed to New York as a prize.

That case has appeared to her Majesty’s government to present a very serious aspect, not only as regards the interests of the British owners of the Labuan and of a portion of her cargo, but as regards the principle involved in her seizure, and in the conduct and declarations of the captain of the Portsmouth. I have not failed to instruct her Majesty’s minister at Washington to make a fitting representation of the case to the United States government, and I learn from Lord Lyons that Mr. Seward has caused directions to be given that seizures under circumstances similar to those under which the Labuan was captured shall not be repeated. Mr. Seward, however, though not satisfied that the capture was a legal one, considers it preferable that nothing further should be done in the matter until the result of the judicial proceedings shall be arrived at; in other words, Mr. Seward, though he does not conceal his opinion that the capture of the Labuan was unjustifiable, and notwithstanding that the whole case has been confidentially put before him by Lord Lyons, declines to order her release, but insists upon the case being left to the distant and uncertain result of proceedings before a prize court.

It cannot be contended that this course, even if it should result in the award of heavy damages, can be otherwise than extremely hurtful and prejudicial to the parties interested, but the possible amount of damages cannot affect the international question of the validity of the capture; and unless the government of the United States is prepared to maintain, as their consul before the prize court must endeavor to do, that the capture was justifiable, that government has not internationally any sufficient justification for retaining wrongful possession of the ship and cargo, and sending them for adjudication before the prize court, after and notwithstanding the formal intervention of her Majesty’s government.

The course taken by the United States government in the case of the Labuan is all the more to be regretted, since it appears from papers which have been communicated to Congress that in the case of two neutral vessels, the one a Spanish, the other a Danish ship, which had been unjustifiably captured, the United States government has not only released such vessels without sending them before a prize court, but has also consented to pay compensation to those interested therein.

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