Right Hon. Earl Russell to Charles Francis Adams, March 25, 1862

Earl Russell to Mr. Adams.

Sir: I had the honor, on the 1st instant, to state to you that I had applied to the proper department of her Majesty’s government for information as to the circumstances under which the authorities at Nassau had interdicted to the United States steamer Flambeau the use of a deposit of coal, the property of the United States government, existing at that place.

In now communicating to you the result of the inquiries which have been instituted, I assume that the case which you had in view, when you formed your representation, was that of some coal which arrived at Nassau in December last in the United States schooners Caleb Stetson and W. S. Perry.

It might perhaps be questioned whether the coal on board those vessels could in strictness be described as a deposit of coal existing at Nassau, but there seems no reason to doubt that it is to that coal that your letter refers. The facts in relation thereto are as follows:

In the early part of December the Caleb Stetson arrived at Nassau with a cargo of three hundred tons of coal consigned to the United States consul at that port, and by the report and manifest, delivered at the revenue department, and signed officially by the United States consul as consignee, it appeared that such cargo had been shipped at Philadelphia for that port by “order of the United States Navy Department.” The receiver general, having doubts as to the propriety of admitting this coal to entry, applied to the governor for instructions, and the governor, acting under legal advice, gave directions that the coal should be admitted to an entry and landing, but that the United States consul should be informed that it could not be permitted to be used in any manner which might involve a breach of the Queen’s proclamation of the 13th of May last, and particularly that the coaling at Nassau of vessels of war of either of the belligerent powers could not be allowed without the express sanction of her Majesty’s government having been first obtained. A letter to that effect was addressed by the colonial secretary to the United States consul.

While this question was pending, another vessel, the W. S. Perry, laden with coal similarly consigned, had arrived at Nassau, and the United States consul, on receiving the above intimation, declined to have the coal landed, and expressed his determination to keep the same on board of the respective vessels in which it had been imported, until he should receive advices from his government in relation thereto.

On the 11th of December the United States vessel Flambeau arrived at Nassau, and on the following day the United States consul addressed to the governor a letter, in which he stated that the Caleb Stetson was leaking badly, and requested permission to land the coal then on board of her, or to discharge a part of it on board of the Flambeau; in answer to which he was informed that, under the decision already arrived at, the coal could not be allowed to be transhipped to the Flambeau, but that there was no objection to its being landed. This privilege, although expressly asked for by the United States consul in his letter, he did not avail himself of.

On the 13th of December the United States consul addressed to the acting colonial secretary a letter complaining of coal having been supplied by a merchant to the secessionist vessel Theodora, and asking whether such an act did not constitute a breach of the neutrality adduced in the case of the Flambeau, which vessel, he adds, “I begged permission to furnish with coal yesterday.”

To this letter the governor caused an answer to be sent, in which the distinction between the two cases was pointed out, and the decision not to supply coal to an armed vessel was adhered to. It was observed that the Theodora was a merchant vessel trading to the port of Nassau, and that being propelled by steam it was necessary, to enable her to pursue her occupation as a trader, that she should be supplied with coal. The furnishing this necessary article, therefore, for her use by a merchant in the way of trade was perfectly lawful, and could not be construed into a breach of neutrality.

On the other hand, the Flambeau was avowedly an armed vessel in the service of the federal government. She had entered the port of Nassau and had remained there for some days without any apparent necessity for her doing so, and the authorities had not been informed of the object of her visit. To supply her with coal might, therefore, be to facilitate her belligerent operations, and this would constitute an infraction of the neutrality prescribed by the Queen’s proclamation of the 13th of May last.

It was also pointed out that the cases of the James Adger and the Nashville, at Southampton, were not parallel cases. Those vessels were some thousands of miles distant from their respective homes, and to them consequently coal was an article of real necessity; whereas the Flambeau was within a very short distance of the ports of her own nation—Key West, for instance, where her necessities could readily be supplied.

Moreover, it was incorrect to say that the application of the United States consul had been founded on the necessities of the Flambeau; his application was founded on the alleged necessities of the Caleb Stetson.

I trust it will be apparent to you, from the foregoing statement, that the only object which the authorities at Nassau had in view was to preserve a strict neutrality. The obligation to do so was imposed by the Queen’s proclamation above referred to, and the contiguity of the port of Nassau to the American coast was an additional reason for adhering, strictly to its provisions.

In these circumstances her Majesty’s government could not withhold from the governor the approval to which he was entitled for the course which he had pursued. The ultimate decision of her Majesty’s government on this question is contained in the rules and regulations laid down in my letter to the lord commissioners of the admiralty of the 21st of January last. I take it for granted that that letter has already been brought to your notice, but you will find it at the end of the printed papers lately laid before Parliament, and in the London Gazette of the 31st of January last.

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