The Express.
London, England, 1865-10-12 00:00:00

TEE ETPRESS, THURSDAY EVZOKOG, OCTOBER 12, 1E165.

that after the information wblcb lied
spatting the Alabama, it was the ditto Bri
Government on their own socount to fillitfyar
selves as to her destinatics. • B 4 be
although her Bigamy's °fibers bad 'pledged the
Government to keep faithful watch over the vessel
and report any further information they might
obtain, no one of them seems to have been
disposed to pay the smallest attention to any repre-
sentations or any evidence offered by him or any
agent of the United States, even so far as to
stimulate his own action in any way whatever.
He complains that from the day when, by the
flagrant negligence of her MAJISTY'II Boardof Cus-
toms, this vessel, admitted to be intended for war
purposes, was suffered to depart from the port of
Liverpool, down to the hour of her destruction by
the United States steamer Kearsarge, off the mast
of Francs, she earns again and again into porta
within her MzzasTr's jurisdiction, and was every-
where hailed with joy and treated with hospi-
tality as a legitimate cruiser. On behalf of the
Government of the United States, Mr. ADAMS
" respectfully protests against the whole of this
" proceeding as contrary to recognised principles of
" internationallaw." Ile quotes from a French
jurist a passage, the effect of which is to show that
the British Government had a clear right to seize
the Alabama and every other ship built or armed'
in violation of its territory, and adds : " It is, then,
" with undoubting confidence in the justice of
" the reasoning here presented that I take the
"liberty to re-affirm the validity of the claims of
" my government for all the damage done by this
"vessel during her career, and ask reparation

" therefor."
Mr. ADAMS notices Earl RUSSELL'S quotation
THE daily papers reprint this morning from the from Mr. SEWARD, for the purpose of showing that
supplement to last evening's Gaulle the correspond- it was merely an acknowledgment of the disposition
ence between Earl Russ= and Mr. ADAMS re- of the noble lord, and that Mr. SEWARD had pro-
specting the title of the United States to claim nounoed no further judgment. He next refers to the
compensation' for those of its citizens conduct imputed by Earl Roseem. to the United
who have suffered losses by the captures States towards Spain and Portugal. He contends
of the Alabama and other armed vessels of that the United States did not refuse compensation
British origin. to Spanialisubjecte for the injury they bad sustained
The correspondence begins with a letter from through a violation of the neutrality of the United
Mr. ADAMS, dated April 7, in which he calls Earl States. The claims founded on the obligation to
Russeres attention to the official re- make that compensation were admitted by the
pone which had reached his Government United States, and were included in a general
respecting the ravages of the "Shenandoah,' settlement of accounts between the two countries.
formerly the " Sea King," and announces that for As to the case of Portugal, he remarks that six
the damage caused by them, his Government can- days after receiving from the Minister of Portugal
not avoid entailing the responsibility upon the Ga. a complaint of the ineffectiveness of the
vernment of Great Britain. Mr. ADAMS concludes by municipal law of the United States for
reiterating, under instructions, the protest he had preventing any violation of neutrality, Mr.
previously made on the same subject, and asking Maoism; who was then PRESIDENT, sent a
for the withdrawal of belligerent rights from the message to Congress urging an alteration of the
insurgents, on the ground that all the porta held by law. This was effected, and was satisfactory
them had been reduced. to the Portuguese Government. He contends
Earl RUSSELL'S reply to this communication is that before Mr. Secretary ADAMS penned the
dated May 4. The duties of Great Britain to. letter declining responsibility for depredse
wards the United States are not to be men- tions committed out of the jurisdiction of the
eured by the losses which the commerce of the Uuited States, the Government had done all in its
latter may have sustained. The question is power. not only to execute existing laws, but also
simply whether the Qezts's Government have to make more stringent and effectual enactments
faithfully and honestly performed the duties which to remedy defects in the old one. Mr. ADAMS states
international laws and their own municipal laws that he applied on the part of his Government,
imposed upon them. The outbreak of the requesting ours to make the laws of this
American war caused nothing but deed- country effectual, and received for answer, that
merit to the Queen's subjects. Great the British Government bad resolved to
Britain had previously carried on a large rely on existing statutes. Thus the parallel
commerce with the Southern States, and procured which Earl Russeir. has attempted is by no means
there the staple of the industry of millions of her to be regarded as complete. "In the one instance
people. The first act of the Parma/se of the "everything that was required as security by a
United States was to proclaim the blockade of the " Foreign Power was actually done to please it,
ports of seven of those States. He could only " whilst in the other everything required was se
intercept the trade of neutrals with those States " positively declined. Hence the responsibility
on the ground that the latter were carrying on war " for the evil consequences which was lifted by its
against the Government of the United states, i.e., " own action from the one party, seems to have
that they were belligerent.. In these circum- " been entailed with renewed force by its
stances the QUEEN'S Government was compelled, " refusal to act upon the other."
either to acknowledge the blockade and proclaim An interval of three months elapsed between the
its own neutrality, or refuse to acknowledge the date of this letter and Earl RUSSELL'S reply to it.
blockade and insist on the right to trade with the After some congratulations on the close of the war,
South. It took the former course, as the and a reference to the testimonies which the
one more just and friendly to the United British Government had received from that of
States. To treat the vessels of the the United States as to its own amicable dis-
Southern States as piratical would have been position, Mal Reesgu, sets forth his case
to take part in the war. More than that, it would afresh in a series of proposition; as Mr. ADAMS
have been treating them worse than they were had previously done on his part. He then pre-
treated by their enemy, for the United State. Go- coeds t, justify the course of her MAJESTY'S Go-
vernment never treated their prisoners otherwise vernment in recognising the belligerents, on the
than as prisoners of war. The first government ground that in doing so it had only fol-
that acknowledged the insurgents as belligerents lowed the course of events in America. He
was that of the United States, when it assumed quotes at considerable length a judgment of
the belligerent right of blockade. Hed the inane. the Supreme Court of the United States, declaring
gents not been belligerents, the armed ships of the that "the proclamation of blockade is itself con-
United States would have had no right to stop • "elusive evidence of the state of war," and states
single British ship upon the high seas. The action that on the 10th of May he received from Lord I
of the British Government in acknowledging the Lyons a despatch containing the following an-
Southern States as belligerents was therefore not nouncement :—" I have the honour to enclose
"ate." "copies of a proclamation of the President of the
To the foregoing and other arguments Mr. " Southern Confederacy, inviting application for
ADAMS replies in a letter dated May 20. It had "letters of marque, and also a proclamation of
been his duty to forward Earl Russzu.'s letter to "the President of the United States declaring ,
his Government. Pending thereoeipt of instructions, " Southern privateers will be treated as pirate; I
he would observe that Earl Russell. had so far ex• " and announcing a blockade of the Southern
tended the field of discussion that he must proceed " ports." Thereupon the intention of her Ma-
in it still further. Mr. ADAMS is not satisfied with rzerry's Government, previously announced, was
Earl Russam.'s representation of the position taken carried into effect, and the proclamation of the
up by the Government of the United State* ; be 13th May, 1861, was issued. An English schooner
accordingly seta forth his °sae anew in eight pro- was actually captured for a breach of blockade
positions. Reverting to the recognition of the in- on the 13th of May, 1861. What Mr. ADAMS
'urgents as belligerent*, Mr. ADAMS again main- appears to contend for is, that the United States
talus that it was precipitate and unprecedented. of America had a full claim to exercise all the
That it was precipitate appears from the fact that rights of belligerents, but that Great Britain had
not a single vessel entitled to the character was at no just claim to exercise the rights of neutrals.
that moment afloat on the ocean, and that even on This position, however, Great Britain never can
the land the war itself had barely commenced permit. The conduct of the United States during
in the bloodless capture of Fort Sumter. tho wars of the Spanish Republics of South Arne-
That Earl RUSSELL admits it to be unprece- rice for independence is then reviewed, and Earl I
dented Mr. ADAMS infers from his silence on the RUSSELL declares that in the proclamations of their I
point. Mr. ADAMS has found in history au abun- Presidents and the decisions of their courts, the
dance of instances of insurrection, either tempo- Quite% Government has looked for precedents in
rarily or ultimately successful ; but he has failed granting belligerent rights to the South. The pro-
to discover a single occasion upon which any of oeedings of the United States towards Portugal are
the Powers made a decision in anticipation of a also reviewed at great length, and the conclusion
case of immediate necessity presenting itself to come to is, that while the British Government has
their attention. When the American colonies re- observed the duties of a neutral better than the
Totted cruisers and merchant vessels were on the Government of the Republic did in similar circum-
ocean, and it was known to be the Kixo's intention stances, both agree in refusing compensation foe
to close some ports and blockade others, yet captures made at sea beyond their jurisdiction.
France, however well inclined to do so, did not As to the alteration of the laws of the United
take a single step to declare the insurgents belli- States at the request of the Portuguese Minister,
gerents, but followed the usual course of awaiting Earl Rum= observes that the law then adopted,
the arrival of an insurgent vessel in her port; and for which Mr. ADAMS takes credit for his
When that event did happen, a decision was made, country, subsequently became the model of the
and the vessel was received as belonging to • bell- laws at present existing in Great Britain. We,
gerent. But even this quiet proceeding was in- therefore, when the case arose, were already in
slimily denounced by his MAJESTY'S Government I possession of that with which the United States
in both cases as a wrong demanding reparation, and provided itself in 1818. Reasons are given why
formed one of several grounds for which, in the end, there wasextreme difficulty in giving orders to ex-
Great Britain made war successivelyagsinst France. I dude from British ports vessels of war partly
Mr. ADAMS repeats that the insurgents became I fitted up in the United Kingdom. Finally, Earl.
belligerents on the ocean solely by reason of fad. I RUSSELL notices a statement in Mr. ADAMS%
lities furnished them in her bbasirry's ports. letter of October 23, 1863, that his Government
Respecting the preparation of Confederate cruisers was ready to agree to any form of srbitration
in England, he complains :—" For • considerable in these disputes. This offer Lord RUSSELLde-
" time I found myself unable to stem the combined I dines. It is a question, first, whether the Qusair's
" effect of the secret sympathy of her Marzerr's Government have acted in good faith in maintain-
" officers in the port of Liverpool, and of your I log this proposed neutrality ; and in the second
" lordship's very natural incredulity based on their place, whether the Law Officers of the Crown coy-
" reports, in procuring more than formal attended I rectly interpreted a British Statute. The Quest?'
"to my representations. Thus it was that the , Government can refer neither of these questions to
" gunboat Oreto got away, and soon niter became arbitration. " Her Manatee Government are
" the armed priveser the Florida." He contends " sole guardians of their own honour. They can-

LONDON. THURSDAY. OCTOBER 12.

isr, leaS limy la's used with bad hob . rale tides% his esentrymen, is the eveit of $ war Is
lorbethe seetrehty they prefameitt which gashed is aped, are not likely to stemla from
Late 'ollions of 11110 Crow* mud be held fob* 1/146121 by
abiaverfeea. ate aaal=iytithal Ithwe'fawitb mr
sot aillibitPas as
*I! better jateepreters el a Britialt Statute thaargy I sad fatal deekise. It close not.s hoewever, follow that we
" fotviga Government can be presunied to be. Her I ought either to accede to the ela/me of the United States cm
" MAJ =Vs Government must therefore decline . this ocemioe, or consent to refer the whole qu ail*. to an
" either to make reparation and compensation for 'I arbiter. Although the doctrines et Earl Ralson me, Dot
" the captures made by the Alabama, or to refer bold good as as absolute mle, eireumataaess may be so
" the question to any foreign State. Her MAJESTY% I
iterat:, in air &unreel:, the present letystaaosTheastrtoniwarraStites
ntod I us
"Government conceive that if they
were to act i did so in the cue ade
of tl. Por raor
tuguese Athos. fee the destine-
" otherwise, they would endanger the position of tics of ail, wow& by privateers the Wrenn of
a'
neutrals in all future wars. Her Manure's Amiga' This is a preoedset which is properly cited by
" Government are, however, ready to consent to Earl Russell. used of which Mr. Adams feels the full fora.
" the appointment of a commission to which shall It is impossible form to csaitead that everythies mu dose
' " be referred, all claims arising during the late in the eve of the Alabama which "Oat Itt have hits daat.
lif 014 war. which the two Powers shall to lit" may, however, be titillitte° .144444 sat
grosseul.
pability as to render us liable for all the damage which the
" refer to the ooannissioners."
Mr. Acacia's reply, dated Sept. 18, is very moped privateer perpetrated. Bat if our views of the
*mottos' should differ from those of the United MOAN
serious in its tone. He considers there is now sad the letter bidet es peremptorily upon their claims se
no dispute as to the fact that the recognition of we epos OW dada of rostrowdbilllir what Um ? Are we to
the South as belligerents was such an act as ran the risk of a rupture rather than oseseat tearbltratlee ?
was never done by one nation towards another And potting this queetion the Star for the pnesat math
in a state of amity. lie charges the British 668214" k
Government with having acted without knowledge
and upon mere presumption, in assuming the
existence of a blockade. The blockade, he says,
was the consequence, not the cause, of British
policy. He thinks the only excuse for the
conduct of our Government was that it was preci-
pitate. He intimates that if the doctrines and prso•
lice of the British Government are allowed to become
the rule, the United Staten will not be the greatest
loser by them. As to the proposition of a Com-
mission, he observes :—" I have taken measures
"to make known, at the earliest moment, this
" proposal to my Government, and shall ask per-
" mission to await the return of instructions before
" giving a reply. Disclaiming all authority to
" express in advance any opinion on the part of
"my Government, I pray, at the mine time,
" your Lordship's attention to a single
" circumstance which, without a previous
" agreement upon the great principles of
" international law involved in this controversy,
" may raise a difficulty in the way of accepting the
" proposal. At a first glance it would appear as
"if it were, in substanze, identically the same
" with that long ago made by the Portuguese
" Government to that of the United States.
" The GISMOS of the answer returned in that
" cue happens to have lately paused under your
" eye, since it is found inoorporated in your
" Lordship's note. I trust I cannot be
" suspected of a desire to imply that, in taking
" this step, her MAJESTY% Government could
"have sought to appear either u pro-
" peeing, on the one hand, a measure which it
" foresaw must be declined, or, on the other, one
" which, if accepted, could be so accepted only at
" the risk of a charge of disavowing the views of
" constitutional or international law entertained
"by my Government in former times. It may
" indeed be that, in this view, I may, after sepia-
" nation, find that I have misconceived the nature
"of your lordship's proposal on the view which
"my Government will take of it, in which cue I
" pray you to excuse the suggestion, and consider
"it ea made without authority, and solely in the
es hope of eliciting such explanation."
The letter concludes with some observations on
the state of public feeling in America, provoked
by these occurrences, and a hope that a better
understanding may prevail.

The dreadful catastrophe reported from Calgotta by the
lest mail—we refer to the wreak of the Eagle /Speed
and the lose of • cargo of coolies-1e oommeeted epos to-
day by three of the morning papers—the Tames, Herald.
end Advertiser. The general conelnsion is that solidest
has entered hem, and misconduct far more than is usually
the case, it to this shocking disaster. The Times observes
that there ma somethiog wrong at Dimwit every point.
The shies mew ware never moldered before start-
ing, or it would have been toned that, oat of the 26,
• twisty, either from Meknes, or inteeleatioe, wee milt for
duly. The mooed officer was drank, the boatswain wee
I drunk, and several of the mew were drink and oontinued
Idrunk all through the night to the next day. The best
Miami wee ill and off duty, and the captain, though on
duly, wee sWeg too. In fort, he alleged as • reason for
getting to as. that he wished him MS JO get right spin
after their debauches es Mom. Thee the mewl, it is said,
mast have been milt for the voyage, oe ahe would never
have sprung a leak on the Mullah Sands. As to the be-
haviour of the people concerned, than is at Calcutta •
shwas of indignation and osmium.

The Times discusses also the address of the Prussian nobles
to the ex•Riag of Naples, and Archbishop Cu ise's novel
theory of the gaolers and the settle *gm. The pastoral
from Dublin is another sign of the marvellous hdatuatios,
the implacable antagonism to the ideas and Weds's' to the
waists of our own generation, which seems to many thought-
ful minds to forbode the approaching doom of mitho-
helm. "Never before hes the Romish church been
so far behind the age ; rimer has an age been so in-
tolerant of dograatlons. The spiritual dominion of the papacy
is undarmised at the same mamma that its temporal domi-
aioo is tottering to its fail. The times are past wbea the
former could be exercised with despotic vigour while the
latter was in liberates. 17111 ms mine unforeseen reaction
should arrest the mane of emote, we may expect to wit-
s— a remarkable Maim la meisdastioal history before many
yeah are over."