David A. Russell to Note. —A similar letter was addressed to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty’s treasury, June 3, 1867

Appendix No. VI.

REGULATIONS AND INSTRUCTIONS PUBLISHED BY HER MAJESTY’S GOVERNMENT DURING THE CIVIL WAR IN THE UNITED STATES, 1861–65.

Letter from the Foreign Office to the Admiralty, Colonial, War, and India Offices, interdicting armed cruisers and privateers, whether of the United States of North America or the so-styled Confederate States, from carrying prizes into British ports. June 1, 1861.

Foreign Office, June 1, 1861.

My Lords: Her Majesty’s government are, as you are aware, desirous of observing the strictest neutrality in the contest which appears to be imminent between the United States and the so-styled Confederate States of North America; and with the view more effectually to carry out this principle they propose to interdict the armed ships, and also the privateers of both parties, from carrying prizes made by them into the ports, harbors, roadsteads, or waters of the United Kingdom, or of any of her Majesty’s colonies or possessions abroad.

I have accordingly to acquaint your lordships that the Queen has been pleased to direct that orders in conformity with the principles above stated should forthwith be addressed to all proper authorities in the United Kingdom, and to her Majesty’s naval or other authorities in all quarters beyond the United Kingdom, for their guidance in the circumstances.

I have, &c.,

J. RUSSELL.

The Lords Commissioners of the Admiralty.

Note.—A similar letter was addressed, on the same day, to each of the secretaries of state for India, war, and the colonies.

[Extract from the London Gazette of the 15th December, 1863.]

Letter from Earl Russell to the lords commissioners of the admiralty, and dispatched from, the duke of Newcastle to the governor of the Bahamas.

Foreign Office, January 31, 1862.

My Lords: Her Majesty being fully determined to observe the duties of neutrality during the existing hostilities between the United States and the states calling themselves “the Confederate States of America,” and being, moreover, resolved to prevent, as far as possible, the use of her Majesty’s harbors, ports, and coasts, and the waters within her Majesty’s territorial jurisdiction, in aid of the warlike purposes of either belligerent, has commanded me to communicate to your lordships, for your guidance, the following rules, which are to be treated and enforced as her Majesty’s orders and directions:

Her Majesty is pleased further to command that these rules shall be put in force in the United Kingdom and in the channel islands on and after Thursday, the 6th day of February next, and in her Majesty’s territories and possessions beyond the seas six days after the day when the governor or other chief authority of each of such territories or possessions respectively shall have notified and published the same, stating in such notification that the said rules are to be obeyed by all persons within the same territories and possessions.

I. During the continuance of the present hostilities between the government of the United States of North America and the States calling themselves “the Confederate States of America,” or until her Majesty shall otherwise order, no ship of war or privateer belonging to either of the belligerents shall be permitted to enter or remain in the port of Nassau, or in any other port, roadstead, or waters of the Bahama islands, except by special leave of the lieutenant-governor of the Bahama islands, or in case of stress of weather. If any such vessel should enter any such port, roadstead, or waters by special leave, or under stress of weather, the authorities of the place shall require her to put to sea as soon as possible, without permitting her to take in any supplies beyond what may be necessary for her immediate use.

If, at the time when this order is first notified in the Bahama islands, there shall be any such vessel already within any port, roadstead, or waters of those islands, the lieutenant governor shall give notice to such vessel to depart, and shall require her to put to sea within such time as he shall, under the circumstances, consider proper and reasonable. If there shall then be ships of war or privateers belonging to both the said belligerents within the territorial jurisdiction of her Majesty, in or near the same port, roadstead, or waters, the lieutenant governor shall fix the order of time in which such vessels shall depart. No such vessel of either belligerent shall be permitted to put to sea until after the expiration of at least twenty-four hours from the time when the last preceding vessel of the other belligerent (whether the same shall be a ship of war, or privateer, or merchant ship) which shall have left the same port, roadstead, or waters, or waters adjacent thereto, shall have passed beyond the territorial jurisdiction of her Majesty.

II. During the continuance of the present hostilities between the government of the United States of North America and the States calling themselves “the Confederate States of America,” all ships of war and privateers of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom of Great Britain and Ireland, or in the channel islands, or in any of her Majesty’s colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station or place of resort for any warlike purpose or for the purpose of obtaining any facilities of warlike equipment; and no ship of war or privateer of either belligerent shall hereafter be permitted to sail out of or leave any port, roadstead, or waters subject to British jurisdiction, from which any vessel of the other belligerent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such last-mentioned vessel beyond the territorial jurisdiction of her Majesty.

III. If any ship of war or privateer of either belligerent shall, after the time when this order shall be first notified and put in force in the United Kingdom and in the channel islands, and in the several colonies and foreign possessions and dependencies of her Majesty, respectively enter any port, roadstead, or waters belonging to her Majesty either in the United Kingdom or in the channel islands, or in any of her Majesty’s colonies or foreign possessions or dependencies, such vessel shall be required to depart and to put to sea within twenty four hours after her entrance into such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs; in either of which cases the authorities of the port, or of the nearest port, as the case may be, shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel, which may have been allowed to remain within British waters for the purpose of repair, shall continue in any such port, roadstead, or “waters, for a longer period than twenty-four hours after her necessary repairs shall have been completed: Provided, nevertheless, That in all cases in which there shall be any vessels (whether ships of war, privateers, or merchant ships) of both the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of her Majesty, there shall be an interval of not less than twenty-four hours between the departure therefrom of any such vessel (whether a ship of war, a privateer, or a merchant ship) of the one belligerent, and the subsequent departure therefrom of any ship of war or privateer of the other belligerent; and the times, hereby limited, for the departure of such ships of war and privateers respectively, shall always, in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but not further or otherwise.

IV. No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead, or waters subject to the territorial jurisdiction of her Majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew; and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination; and no coal shall be again supplied to any such ship of war or privateer, in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as aforesaid.

I have, &c.,

RUSSELL.

Note.—A similar letter has been addressed to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty’s treasury.

Downing Street, October 6, 1863.

Sir: Doubts having been expressed as to whether, under the regulations of the 31st January, 1862, which were embodied in a proclamation issued by you on the 11th March following, it is required that the commander of a belligerent ship of war or privateer should obtain the permission of the local authorities before entering the ports, roadsteads, or waters of the Bahamas out-islands, when the governor is not there present, I am to acquaint you that Earl Russell has taken her Majesty’s pleasure thereupon, and you are to understand that at the ports of the out-islands, as at Nassau, the special leave of the governor himself is required (unless in stress of weather) by any belligerent vessel desiring to enter, with this exception only, that in cases of grave emergency and real necessity and distress, such as a sailing vessel being dismasted, or accident happening to the machinery of a steam-vessel, the vessel may enter the ports, roadsteads or waters, on obtaining leave from a resident officer, to whom the governor shall have delegated his authority in that behalf.

With a view to give effect to her Majesty’s intentions, you will be pleased to convey to the officers in the out-islands to whom it may be best confided, the authority in question, taking care to communicate to them copies of the regulations of the 31st January, 1862, and calling their especial attention to the limits of the authority delegated, and to that clause of the regulations of 31st January, 1862, in which it is directed that vessels entering under stress of weather, or by special leave, shall be required to put to sea as soon as possible.

I have, &c,

NEWCASTLE.

Governor Bayley, C. B., &c., &c., &c.

Return to an address of the honorable the House of Commons, dated 3d June, 1864, for “copy of any additional instructions to colonial governors on the subject of belligerent cruisers.”

FREDERICK ROGERS.

Colonial Office, June 6, 1864.

Circular instructions to governors of colonies respecting the treatment of prizes captured by federal or confederate cruisers if brought into British waters.

Downing Street, June 2, 1864.

Sir: I think it well to communicate to you the decisions at which her Majesty’s government have arrived on certain questions which have arisen respecting the treatment of prizes captured by federal or confederate cruisers if brought into British waters.

1. If any prize captured by a ship of war of either of the belligerent powers shall be brought by the captors within her Majesty’s jurisdiction, notice shall be given by the governor to the captors immediately to depart and remove such prize.

2. A vessel which shall have been actually and bona fide converted into, and used as, a public vessel of war, shall not be deemed to be a prize within the meaning of these rules.

3. If any prize shall be brought within her Majesty’s jurisdiction through mere stress of weather, or other extreme and unavoidable necessity, the governor may allow for her removal such time as he may consider to be necessary.

4. If any prize shall not be removed at the time prescribed to the captors by the governor, the governor may detain such prize until her Majesty’s pleasure shall be made known.

5. If any prize shall have been captured by any violation of the territory or territorial waters of her Majesty, the governor may detain such prize until her Majesty’s pleasure shall be made known.

Her Majesty’s government have not thought it necessary to make any addition to the instructions already given with respect to cargoes, viz, that her Majesty’s orders apply as much to prize cargoes of every kind which may be brought by any armed ships or privateers of either belligerent into British waters as to the captured vessels themselves. They do not, however, apply to any articles which may have formed part of any such cargoes if brought within British jurisdiction, not by armed ships or privateers of either belligerent, but by other persons who may have acquired or may claim property in them by reason of any dealings with the captors.

These rules are for the guidance of the executive authority, and are not intended to interfere in any way with the process of any court of justice.

I have, &c.,

EDWARD CARDWELL.

[“London Gazette,” September 9, 1864.]

Foreign Office, September 8, 1864.

It is hereby notified that her Majesty has been pleased to order that for the future no ship of war belonging to either of the belligerent powers of North America shall be allowed to enter, or to remain, or be, in any of her Majesty’s ports for the purpose of being dismantled or sold; and her Majesty has been pleased to give directions to the commissioners of her Majesty’s customs, and to the governors of her Majesty’s colonies and foreign possessions, to see that this order is properly carried into effect.

[Extract from the “London Gazette” of May 19, 1865.]

Letter from Earl Russell to the lords commissioners of the admiralty.

Foreign Office, May 11, 1865.

My Lords: I have the honor to acquaint you that, in the existing state of the civil war in America, and the uncertainty which may be felt as to its continuance, it appears to her Majesty’s government that the time has arrived for ceasing to enforce so much of the orders which, in pursuance of my letter of the 31st of January, 1862, were issued by the several departments of her Majesty’s government, as empowered the authorities of any port belonging to her Majesty, either in the United Kingdom or the channel islands, or in any of her Majesty’s colonies or foreign possessions or dependencies, to require any ship of war or privateer of either belligerent which might enter any port, roadstead, or waters belonging to her Majesty, in order to obtain provisions or things necessary for the subsistence of her crew, or to effect repairs, to put to sea as soon as possible after the expiration of a period of 24 hours, without permitting her to take in supplies beyond what might be necessary for her immediate use; and not to suffer any such vessel as might have been allowed to remain within British waters for the purpose of repair to continue in any port, roadstead, or waters belonging to her Majesty for a longer period than 24 hours after her necessary repairs should have been completed; and also so much of the same orders as limited the quantity of coal and the period within which it might be obtained, to be embarked on board any such ship of war or privateer of either belligerent.

I have addressed a similar letter to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty’s treasury.

RUSSELL.

Note.—A similar letter has been addressed to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty’s treasury.

[Extract from the “London Gazette” of June 5, 1865.]

Letter from Eavl Russell to the lords commissioners of the admiralty.

Foreign Office, June 2, 1865.

My Lords: I have the honor to state to your lordships that since the date of my letter of the 11th ultimo intelligence has reached this country that the late President of the so-called Confederate States has been captured by the military forces of the United States, and has been transported as a prisoner to Fort Monroe, and that the armies hitherto kept in the field by the Confederate States have for the most part surrendered or dispersed.

In this posture of affairs her Majesty’s government are of opinion that neutral nations cannot but consider the civil war in North America as at an end.

In conformity with this opinion her Majesty’s government recognize that peace has been restored within the whole territory of which the United States of North America before the commencement of the civil war were in undisturbed possession.

As a necessary consequence of such recognition on the part of her Majesty’s government, her Majesty’s several authorities in all ports, harbors, and waters belonging to her Majesty, whether in the United Kingdom or beyond the seas, must henceforth refuse permission to any vessel of war carrying a confederate flag to enter any such ports, harbors, and waters; and must require any confederate vessels of war which, at the time when these orders reach her Majesty’s authorities in such ports, harbors, and waters may have already entered therein on the faith of proclamations heretofore issued by her Majesty, and which, having complied with the provisions of such proclamations, may be actually within such ports, harbors, and waters, forthwith to depart from them.

But her Majesty’s government consider that a due regard for national good faith and honor requires that her Majesty’s authorities should be instructed, as regards any such confederate vessels so departing, that they should have the benefit of the prohibition heretofore enforced against pursuit of them within 24 hours by a cruizer of the United States lying at the time within any such ports, harbors, and waters, and that such prohibition should be then and for the last time maintained in their favor.

If, however, the commander of any confederate vessel of war which may be found in any port, harbor, or waters of her Majesty’s dominions at the time these new orders are received by her Majesty’s authorities, or may enter such port, harbor, or waters within a month after these new orders are received, should wish to divest his vessel of her warlike character, and, after disarming her, to remain without a confederate flag within British waters, her Majesty’s authorities may allow the commander of such vessel to do so at his own risk in all respects, in which case he should be distinctly apprised that he is to expect no further protection from her Majesty’s government, except such as he may be entitled to in the ordinary course of the administration of the law in time of peace.

The rule as to 24 hours would of course not be applicable to the case of such vessel.

I have addressed a similar letter to the secretaries of state for the home, colonial, India, and war offices, and also to the lords commissioners of her Majesty’s treasury, requesting them, as I do your lordships, to issue instructions in conformity with the decision of her Majesty’s government to the several British authorities at home or abroad who may be called upon to act in the matter.

I am, &c.,