The Sun.
London, England, 1865-11-13 00:00:00

American Claims upon England.

A supplement to the London Gazette of Friday was pub-
lished on Saturday evening, containing further official cor-
respondence between Earl Russell and Mr. Adams, the
United States Minister in this country, on the subject of
the claims of the American Government on England
The correspondence commences with a letter from Earl
Russell, dated Oct. 14, 1865, in which the noble earl defi-
nitely lays down the terms of his proposal for the appoint-
ment of a commission as -follows :--" Her Majesty's Go-
vernment are ready to consent to the appointment of a
commission to which shall be referred all claims arising
during the late civil war which the two powers shall agree
to refer to the commissioners." Earl Russell adds in ex-
planation, "There are, I conceive, many claims upon which
the two Powers would agree that they were fair subjects
of investigation before the commissioners ; but I think you
must perceive that if the United States Government were
to propose to refer claims arising out of the-captures made
by the Alabama and Shenandoah to the commissioners,
the answer of her Majesty's Government must be, in
consistency with the whole argument I have maintained,
in conformity with the views entertained by your Go-
vernment in former times. I should be obliged, in
answer to such a proposal, to say, 'For any acts of her
Majesty's subjects committed out of their jurisdiction
and beyond their control the Government of her Majesty
aro not responsible."
In replying to Earl Russell Mr. Adam says :
"The proposal of some form Of commission made by
your lordship still remains under consideration. To the
end that my Government may bo the better enabled to
make a satisfactory reply to it, I am still under the
necessity of soliciting more information in regard to the
theagree gclaims
which
d chr er
I.MI jner it ny st
Gu
tve edr nt
seek the favour of your lordship to
ipievennctit'us
irese
disposed
sf
tto o
distingtfish no well what anionF, the elawa,s of claims it is
willing, and what it would not be willing, to refer to the
proposed commission."
After briefly expressing the willingness of her Majesty's
Government to supply the information asked for as soon
as it could be prepared, Earl Russell, on the 3d of Novem-
ber, addressed a communication to Mr. Adams, stating that
he feels it an absolute necessity to clear up some miscon-
ceptions as to the course and conduct of Great Britain in
the recent contest in America ; adding
" I do not consider it incumbent upon me, however, to
repeat or enlarge upon my arguments in reference to the
alleged precipitate recognition of belligerent rights, or
the contrast you draw between the conduct of her Ma-
jesty's Government in the late civil war and that of Franco
during the American war of independence. The existence
of belligerent rights is, as Mr. Canning said, a question
of fact rather than of ipinion, and if the fact of a vast
insurrection is developed suddenly, rapidly, and com-
pletely, the case must, I conceive, be treated by other
nations in a different manner from the case of a rebellion
breaking out partially, slowly, and gradually. Nor, do I
conceive, is it necessary to point out' the difference be-
tween the conduct of France acknowledging the United
States of • America as an independent State, and forming
treaties with the Government of that State within two
years of the declaration of independence, and the patient
neutrality of Great Britain, notwithstanding the interrup-
tion of her commerce and the immense losses suffered by
her people during four years, and until victory had declared
in favour of the Government against which the insurrec-
tion was directed. I cannot forbear, however, to express
some suprise at the apparent confidence you express that
her Majesty's Government will acquiesce in a doctrine
which the United States more than 30 years declared to be
opposed to the law and practice of nations, and that her
Majesty's Government will grant reparation on grounds
which, when urged by Portugal in a similar ease, the
United States positively, constantly, and solemnly re-
jected."

Referring to the summary of claims made by the Portu-
guese
Minister in Nov., 18.50, Earl Russell points out that
no reply even was accorded, as the United States Govern-
ment probably relied on the answers given from 1816 to
1822, which were to the effect that prosecutions would be
instituted if evidence were forthcoming against any per-
son of having violated the laws of the United States by
outrages committed upon any of the subjects of Portugal.
The conduct of her Majesty's Government during the late
war had been exactly conformable to that of the Govern-
ment of the United States in regard to the war between
Portugal and her South American colonies. In reference
to the assertion that reasonable diligence was not used, or
that the late or the present Attorney General were either
ignorant of the law or purposely misstated it, Earl Russell
respectfully but decidedly repels any such charge, both for
himself and the law officers of the Crown, observing fur-
ther that American Secretaries of State have always main-
tained that the United States, as a neutral Power, were
"the sole judges of the degree in which it had done its
duty under a code of its own waking."
Discussing next tb.3 code, Earl Russell quotes the provi-
sions of the 10th and 11th sections of the Act of Congress
of April, 1818, urging that for ten years the provisions
proved utterly inefficacious to prevent the fitting out of
privateers at Baltimore against Portuguese commerce. He
goes on to contend that "if our Foreign Enlistment Act
had been amended so as to be conformable to the Act of
Congress, and it had been found applicable in any cases,
the owners of the vessels might easily have given the
bonds required, have sent the vessels to sea, forfeiting or
not forfeiting, as the events might have turned out, the
amount of their bonds ; and that, as Confederate money
was plentiful, many vessels—even the formidable Birken-
head rams—might have escaped and have been employed
in breaking the Southern blockade. But even those pro-
visions of the Acts of Congress would not have applied to
the Alabama, Florida, Georgia, Shenandoah, and vessels
of that class, none of which when they left this country
were either armed ships or vessels.' In the case of the
Birkenhead rams, it was self-evident that they were built
for warlike, purposes. Her Majesty's Government had
also had a copy of the contract by which Mr. Bullock,
the Confederate agent, agreed ;to sell those vesso to
Mr. Bravay ;
next a proof that the Egyptian names,
T was ffiient presumptive
c
refused to buy them.
&c., were only a fiction, thehis Viceroy having positively
proof that they were intended to make war on the United
States, and all the world knew the course taken
by her Majesty's Government in this instance, when they
had a case upon which they could proceed. Earl R 11,3_
sell then refers to the case of the Sea King, which was
taken as an unarmed merchant ship from the Thames
to a
and points out that our Foreign Enlist-
ment Act, that of the United States, required two things
f foreign gn
like port ,
to be proved—first, that the vessel is fitted out, armed, and
equipped ; and, secondly, that she is to be employed against
some Prince or State in friendly relation with the Crown of
Great Britain. On neither of those points did Mr. Adams
furnish, nor did her Majesty's Government possess, a single
tittle of evidence against the Sea King." -
After observing, further, that in a free country the Crown
cannot act on a mere vague suspicion without some evi-

deuce to submit to a jury, and that trial by jury affords
British subjects the same proteption which American citi-
zens enjoy in their own country, Earl Russell concludes
his letter as follows :
" filer Majesty's Government desire to be on the most
friendly terms with the United States, but aro not prepared
to accede to any demand which aims at the diminution of
our freedom, or which assumes, without warrant from any
previously recognised authority or practice, the existence
and extent of obligation on the part of neutrals towards bel-
ligerents, going beyond any which the Government of a
free country could have power, though acting with entire
good faith, punctually to fulfil.
" Yet it appears to me, I confess, that, as neither the
law of the United State nor our own Foreign Enlistment
Act have proved- upon trial completely eflicaciou s, it is
worth consideration whether improvements may not be
made in the states of both nations, so that, for the fu-
ture, each Government may have in its own territory as
much security as our free institutions will permit against
those who act in defiance of the intention of the sovereign
and evade the letter of its laws.
"I have, in conclusion, only to repeat, in this the
last 'letter which I shall have the honour to address
to you on this subject, my sincere and earnest hopes that
our two countries, now both relieved from the stain and
the guilt of slavery, may perform their part in the world
in peace and goodwill."
With the letter of Earl Russell were forwarded two me-
morandums of considerable length—the first showing the
measures of coercion adopted by Great Britain during her
contest with her North American colonies ; the second
showing in what manner the representations of Mr. Adams
as regards the alleged breaches of neutrality had been
dealt with by her Majesty's Government. In the latter
memorandum is embodied the subjoined summary of the
steps taken by the British Government to repress or punish
breaches of neutrality :
" PROCEEDINGS TAKEN WITH REGARD TO VESSELS.
"Five prosecuted—l. Oreto, at Nassau. 2. Alexandra,
in England and at Nassau. 3, 4. Irouclads. 5. Canton or
Pampero.
" Also, orders given to detain the Alabama, had she
touched at Queenstown or Nassau after her evasion from
Liver pool.
" The Governor of the Bahamas was likewise instructed
to watch other vessels, regarding which representations
had been made, as the Louisa Ann, Fanny, Jz.c.
"PROSECUTIONS FOR ENGAGEMENT OF MEN FOR
• CONFEDERATE SERVICE.
"1. Mr. Rumball (Rappahannock), acquitted.
"2. Jones and Highat (Georgia and Florida), convicted.
"3. Campbell (Georgia), convicted.
"4. Seymour, Cunningham, and Buchanan (Rappahan-
nock), convicted.
"5. Captain Corbett (Shenandoah), case pending.
"When it was found that such vessels as the Rappahan-
nock and Amphion, although useless to her Majesty's navy,
might be reconverted into Confederate cruisers, instruc-
tions were given that no more ships should bo sold out of
her Majesty's navy.