Right Hon. Earl Russell to Charles Francis Adams, June 12, 1863

Lord Russell to Mr. Adams.

Sir: At the same time that I communicated to the lords of the treasury and to the secretary of state for the home department, as I informed you in my letter of the 4th instant, the statements respecting the Southerner, contained in your letter of the 3d instant, I submitted those statements also to the consideration of the law advisers of the crown; and I have since learned from them that, in their opinion, the evidence supplied by those statements would not support a charge against the vessel that she is so equipped, or fitted out, or destined, as to constitute a breach of the provisions of the foreign enlistment act, and that it, consequently, did not afford sufficient warrant for arresting the vessel.

The greater portion of the two depositions enclosed in your letter consists of hearsay matter, or statements of mere belief, which, according to American equally with British law, are inadmissible in a court of justice, and upon which her Majesty’s government could not legally proceed.

Attention will, nevertheless, continue to be paid to the vessel, with a view of guarding, as far as possible, against her being equipped in this country in a manner inconsistent with the provisions of the foreign enlistment act.

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