Right Hon. Earl Russell to Charles Francis Adams, May 10, 1862

Earl Russell to Mr. Adams.

Sir: In the letter I had the honor to receive from you yesterday you appear to have confounded two things totally distinct.

The foreign enlistment act is intended to prevent the subjects of the crown from going to war when the sovereign is not at war. Thus private persons are prohibited from fitting out a ship-of-war in our ports, or from enlisting in the service of a foreign state at war with another state, or in the service of insurgents against a foreign sovereign or state. In these cases the persons so acting would carry on war, and thus might engage the name of their sovereign and of their nation in belligerent operations. But owners and masters of merchant ships carrying warlike stores do nothing of the kind. If captured for breaking a blockade or carrying contraband of war to the enemy of the captor, they submit to capture, are tried, and condemned to lose their cargo. This is the penalty which the law of nations has affixed to such an offence, and in calling upon her Majesty’s government to prohibit such adventurers you in effect call upon her Majesty’s government to do that which it belongs to the cruisers and the courts of the United states to do for themselves.

There can be only one plea for asking Great Britain thus to interpose. That plea is, that the blockade is in reality ineffective, and that merchant ships can enter with impunity the blockaded ports. But this is a plea which I presume you will not urge. Her Majesty’s government have considered the blockade as an effective blockade, and have submitted to all its inconveniences as such.

They can only hope that, if resistance should prove to be hopeless, the confederate States will not continue the struggle; that if, on the other hand, the restoration of the Union should appear to be impossible, the work of devastation now going on will cease.

Her Majesty’s government can only desire the prosperity of the inhabitants of the United States, whatever may be the event of the present civil war.

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