The Sun.
London, England, 1841-04-15 00:00:00

Al 0 RNINC; EDITION

kIEItICAN snips « PANAMA"
AND " KOSCIUSKO."

The Indian papers contain at liengtli the correspon-
dence betwerr, the merchants at Macao and Sir J. J.
IGio.eßk,riecimv
• ,TreLfve to the reiease of these vessels from
he first letter Tnerely contains the ques-
tions P'at by the merchants, as to xvhether the Chinese
Wr°(l'uce on board the ships was. liable to seizure.
I/ette
ro this Sir J. J. Bremer replied in the following
gr :--

" Her Majesty's F:dip Wellesley, Chuenpee,
Dec ember 25, 1540.
cr "TO MXSSRS, BELL AND CO., MACAO.
Gentlemer, —ln reply to your letter of the 19th
Instant bey;lenter--ii:t(;:,holeave to remark, that it is unnecessary to
general criestions you have proposed ;
i'ma'e inform you, shat the late Commander-in-
Chier
it br.d formed art opinion (upon the special eircum-
'n 47 of the casa) that the egress of the two American
,e
shahlP4-now in the river would not subject them to seizure.
Excellency found upon ioqufry that both these
be' tore
had bean for some weeks or days in Macao roads
tore the arrival of the expedition on the coast of
l'hina, and that their application for permission to enter
t-the port had been baffled by entirely unusual trammels
of the Chinese Government, arising out of the disturbed
state of affairs.
The Admiral, therefore consilering it a reasonable
presumption the; these ships might either have left the
Port with cargo, or been actually leafing at the period
of the notice of blockade, if they bad not been subject
Ito these unusual difficulties, did not intend to obstruct
rtheir egress, and in the justice ot that determination I
"'concur.
, " Thinking that it may be a convenience to you to
now the grouads upon wlech his Excellency's opinions
Were founded, I have. been led to step aside from my
tlattel practice us suiernitting them for your perusal. But
7°ll Will give me ',cave particularly to request that these
fetaalunications. may not be published, as nothing can
se More ernba'rrassing than the publication of the views
at a person i.a my station upon points of blockade law
et practice.. It. ;3 my duty to dispose of practical cases
iAS they petsent. -themselves according to the best of my
iidgmeve, but your own opinions will be your more
tt
Initahle. guide .on any qu.stions of the kind now proposed
`4 's. I hale: the honour, sze.,
" J. J. GORDON BREMER,
-ea," Commodore First Class, Commander-in-Chief."
Vhe inerchantu then sent the following letter, stating
e opinion as to the law of the case
nts EXCELLENCY SIR J. J. GORDON BREMER
zet
-Givr,, C. -13., K. C H., NAVAL COMMANDER-IN-
&C.
r Excellency's letter of the 25th in.sl. to
lthe riddle-of Messrs. 13-11 and aving 13.:cat placed
e,
TON 'JS, th a undersigned British mercnents, we take
Pb,erty of addressing your Excellency on the subjecee
"By the la w of Ilockade, as laid down by the 'peek
of Chitty, we find it. declared, that,
" ' The receipt of the notification will r,ot peevent a
IleUtral, who at the time of receiving it. is lying in the
/en port blockaded, from retiring ireely ; and it has
"'en been laid dow a in the case et tbre• Betsey, that he
tinitY retire with a cargo which '„, may already have
den, and which has thereby become actually neutral
Property ; the. di stinetior. acing that he is not at liberty
Fr make argy freefe purchase after the notification.
bill
ho the case O. the Rolla it appears that the Gault
id evet'y cargo to be fresh purchase which was
-101 ▪ del' reset( previously to the notification either on
,r° '.be netie;ral ship itself, or in lighters.' And again,
as A block ado is broken as completely by corning out
e by going in. There may be instances, indeed, of
11Thocent egress,' said Sir William Scott, in the case of
he Frederick Mollie-1 instances where the vessels
have gone in before the blockade ; and, under such eir-
,bostances, it er,uld not be maintained that they might
net be at liberty to retire. But the utmost that cats be
'lifted to a neutral vessel is, that, having already taken
be hoard a cat, go before the blockade begins, she may
• at liberty to retie with it. But it must be consi-
ered as a rale, which this Court means to apply, that
antral ships de,parting can only take away a cargo
9°44 fide purchased and delivered before the commence-
Inlet of the blockade.'
" This doctrine we find fully confirmed, and acted
N'oe by the British Government in the recent blockade
le the rtio Pli.ta. The following repert from au Eng-
* nap•er is extracted from the Canton Press of the
th of Jun. e last :
Palmerston, at the instance of merchants
dtod tc, the Rio Plata, took the opinion of the Crown
,ttve offir,ers as to the law in cases of vessels coming out
4 blockaded port with cargo. Their answer is—
F•y the general law of nations, vessels are not
Wel to come out of a blockaded port with cargo,
tl..iess such cargo was on board before the commence-
'eat of the blockade.'
In tb.e letter to Messrs. Bell and Co., we find it
etttecl that the late Commander-in-Chief had formed
‘4°Pin'son, io which you concur, upon the special cir-
tket ences of the case, that the egress of the two
4terican ships now in the river would not subject
• ntt to seizure, and the reasons given are :
es " That they had been for some weeks or days in
Zsaesso roads before the arrival of the expedition on
:ae coast of China, and that their application for leave
outer lied been baffi.ol by entirely unusual trammels
Of the Chinese Government, arising out of the dis-
tal/bed state of affairs.'
" We beg leave, with reference to these reasons to
'Point out to your Excellency that the ship Panama
'iced in Macao road.s on the 19th of June, three
:IYo previous to your Excellency's notice of the block-
; and that this',hip could only have succeeded in
‘ntaining entry in so short a period by very unusual
facilities afforded, by the Chinese, arising from the fact
si the blocka?,e being declared.
a' The ofeer ship, Kosciusko, formerly the English
1P Malc•Atn, and afterwards sailing under the American
as ..ne Alabama, had repeatedly been refused entry
lnu port, on the ground (notoriously a true one),
.'"at her cargo had been taken on board at the outer
4tehorages, in direct violation of the existing regulations
111 the port of Canton, which required ships to bring
podshowing their cargo to have been bona fide ship•
l'ed at some foreign port.
" We therefore submit to your Excellency, that the
reasons given for the egress of these vessels appear to
be founded upon erroneous assumptions, or iuforma-
; but we may at the same time point out, that even
feel they been substantially true, we apprehend the lew
1.1 blockade to be so clear and decisive on the particular
7111,t, that no such circumstances would, in law or in
eft'tY, justify the egress of two vessels for the especial
evestage of the parties interested and to the injury of
""r4ers.
~" \Ve beg to assure your Excellency, not only that
t,be tees with which these ships are loaded, could not have
een purchased at the period the blockade was declared,
tlt that from our knowledge of the circumstances con-
'eted with the Canton market, we may confidently
Illett that none of the teas could have reached Canton
111144 several etcetera subsequently, and that part of them
‘44 very probably not et ea been at that time manufae-
ared ; and that the whole has been bought within the
lilt fortnight.
" We consider it also a duty we owe alike to our-
Ilebres as British merchants, and to the interest of dis-
2s" Parties whom we represent, to protest most solemnly
.114isst the secrecy of the arrangements for allowing the
letter,
of these vessels ; for we find by your Excellency's
that the intention was known to the parties con-
ed prior to the departure of the Admiral, although
Z bo one else ; thus affording them advantages, to the
'tintis injury of many others.
" It is further our duty to sate, with every respect
Your Excellency, that should the egress of these
tr° vessels be allowed, we shall feel ourse:ves impera-
CeelY called on to make a formal protest (and which wye
breby do), against the losses or damages all or any of
1-ke have sustained, or may sustain, in consequence of
:ke irregularity ot the blockade, and against any losses
',jell may arise after its infraction by such illegal egress.
-` Our letter will be banded to your Excel envy by a
eDutation, which will wait upon your Excellency for
t Purpose.
We have the honour to be, &c.,
• e
aJENT AND CO. " DANIEL AND CO.
JAMIESON AND HOW. DIROM AND CO.
M'VICAR AND CO. FOX, RAWSON, AND
LINDSAY AND CO. CO.
BELL AND CO. WILKINSON DENT."
~
e 'the next leter from the merchants enclosed a vit-
. 11'1"Y of documents corroborative of the facts and argu-
etlts of their case, from which they draw the following
b
'-tleral results
hWe beg, however, respectfully to submit to your
teelletey that the law of blockade clearly declares
tteleao vessel can leave port with cargo unless it is ac-
itt9Y bought and on board the ship or lighters prior to
itlockade commencing ; and it appears by the forego-
4:,,Paners not only that the cargoes of the Panama
but 4 Kosciusko cannot come under such designation, te
the teas of which these cargoes consist were uct
h Canton in Jur.e last, and were, in fact, only pur-
ed during the present month.
h: Further, tee vessels in question do not appear to
eje wished to exercise their right to come out with-
b" enrgoes, but have remained in port from June to
efeeenaber ; and as they entered with a full knowledge
the a blockade being declared and of the c!esr law on
oi.x. Point of egress, the owners cannot, we submit, corn•
*qt!' of the operation of a law to which they voluntarily
J%eted themselves.
d 4 we submit these papers to your Er ellency, in
eet to Prove, that equitably these tent o vessels cannot
th . a privilege of carrying out valuable
BPecial benefit, whilst many ships which entered
tesivP°rt previously were compelled to retire from it
tai Partially loaded, in consequence of the blockade
4444 effect before their cargoes could be completed ;
diii:hilbt many other vessel=, which arrived imrnF-
time"? afterwards, have been compelled to remain
eAllalue, at heavy loss to the owners, from the same
a,
biz
kb. 'yen Were the circumstances different, we resceet-
ths e. : ke leave again to point out to your Excellency,
-i. the
law of blockade is clear and precise against the
!velvet
witil WO under any such circumstances ; but

in these cases it will doubtless be satisfactory to your
Excellency to find, that the law wad equity render it
elike inexpedient that they should be relieved from the
. operation of a well-recogrizcd principle."
In his reply to this communication, dated December
29, Sir J. J. G. Bremer enclosed a letter received from
. the Plenipotentiary, dated on the same day, calling
particular attention to the paragraph in which Captain
Elliot objects to the publication of the correspondence
during the blockade. As Captain Elliot's letter con-
tains the whole case from the point of view according
to which the egress of two vessels is justifiable, it is ne•
cessary to give it in full, notwithstanding its length :
" Her Majesty's ship Wellesley, Chuenpee, Dec. 29.
"TO HIS EXCELLENCY COMMODORE SIR J. J. BREMER,
KNIGHT, C.B , K.C.H., COMMANDER-IN•CHIEF, &C.
" Sir,—l have given my best attention to the letter
you have been so good as to hand me, signed by certain
British merchants at Macao, niacin the subject of the
egress of the two American ships Kosciusko and Pa-
nama, and I take the liberty to trouble you with some
observations in support of my earnest request and ad-
vice that they may be permitted to pass unobstructed.
" My reasons for earnestly suegcsting this course are
so independent of the main body of allegation and ar-
gument pre:sed by those gentlemen, that I am relieved
from the task of touching it at all.
" These two ships passed within the Bogue before
the establishment of the blockade, and I must now beg
leave to call your attention to some observations re•-
specting the character and effect of the blockade itself,
for it is upon that general consideration that my own
views are founded.
" In the first place, it will be remembered that the
whole foreign trade with China is carried on through
the port of Canton, and therefore as far as that part
of a blockade of that port be considered, the chief pur-
pose was to press the Government by the loss of the
heavy shipping duties. The more stringent inten-
tions of distressing an enemy, of cutting off and de-
stroying the coasting trade, depriving him of sup-
plies, &c., were not suseeptills of execution without
such a pressure of misery upon the people as her Ma-
jesty's Government never inflict till the obstinate in-
justice of the Court should render extremities necess.
sary, and I must be permitted to add, that no such exs
treme exercise of blockade rights is at all necessary to
give legal effect to purposes of less urgent blockade
pressure.

" I certa;cly cannot help feeling that the ytwo
foreign ships in the port, both of which '..,ntcred before
the establishment of the blockad,„
six months since, have the - and have lain there
dcrongest claim to conside-
ra-„ion, always if it can oe established upon oath that
no part of their cargoes is the property of natives in
China ; heit.:uer should I ever have presumed to submit
such a .;laim to the Commander-in-Chief, if it were not
iy.'..d'isputable that he had a strict legal right under par-
ticular circumstances in a general and equal way to
relax principles perfectly sound of themselves; for it
is not indulgence per se that is vicious in blockade
practice, but a capricious indulgence, relaxing in one

case, and restricting in another of the Lke nature.
" Looking at the situation of circumstances and the
peculiar character of this trade, I was strongly disposed
when you announced the blockade, to request you to
make special provision "for the safe passage out of all
ships actua,ly within the port at its establishment ; but
it occurred to me that you would rather wish to promul-
gate it simply, and to leave to the commander of the
blockading force his perfectly just and usually exercised
right of considering particular cases as they presented
themselves. I may briefly remark here in reply to a
considerable portion of the letter of these gentlemen,
that the advantage of the egress of these ships t') the
parties concerned could never enter into the considera-
tion of the late Commander-in-Chief, or into your own,
or into mine.

"It was looked at entirely as a question of fair
claim, without reference to profit or loss to any
parties whatever, and the disadvantage of their egress
to persons not in the same situation has no relation
to the matter in hand ; for it may he taken for
granted that what the Naval Commander-in-Chief
could publicly do in behalf gf one individual would
have been done for any other in the like case. It would
be no becoming or likely motive with me for urging, or
with the Commander-in-Chief for resisting, what was
felt to be a fair claim, that the proper relief of one per-
son was a disadvantage to another not in the same situ-
ation. Another, and a very remarkable cause of consi-
deration remains to be stated :

" Macao, with a very large China and foreign popula-
tion, is in a great degree dependent on Canton and the
towns of the inner passage, if not for actual subsist eace,
assuredly entirely for comtort and convenience. This
circumstance made it an act of necessity to leave open
the inner passage, which, it should be said, is only a boat
passage, and might therefore be done without da-
mage to the general stringency of the blockade. Any
other course would have cast extreme distress upon the
Portuguese settlement, the neutrality of which we pro-
fessed to respect, and where all the foreign community
were seeking refuge.

" But the venality of the Chinese officers, the trading'
spirit of the people, and the perfectly justifiable readi-
ness of the merchants to prosecute their business in
every way they could, produced the natural conse-
quences of an extensive smuggling trade in small native
craft passing by channels impracticable for ships. The
result is an extensive trade at the port of Macao, both
inwards and out, in all manner of ships, British and
American, &e. ; neither do I for one moment pretend
that it is justifiable, or indeed possible, to interfere with
a trade carried on through Macao, however certain it
may be that the produce is smuggled into, and down
from .Canton.

But 1 certainly do contend that its unavoidable ex-
istence furnishes the strongest reason for placing these

two ships at liberty. We arc able to stop ingress of
the foreign shipping at Canton, and it is a just and ne-
cessary right to exercise ; but we are not able to prevent
a smuggling trade by numerous boat passages, which
gradually releases the ships at the outer anchorages.
" The Admiral concurred in my representation
(founded upon this state of circumstances) that it was

no more than an act of justice to place these two ships
of a friendly power at liberty, when it could be done
without damage to the main public and practicable pur-
poses of the blockade.

" Upon my return from the northward, I was ad-
dressed in a private way by Mr. Delano, holding, I be-
lieve, Consular authority from the Government of the
United States. He said he had been unwillinc, to trouble
the naval officer on the spot, in the absence of the Com-

. _
mander-in-Chief, but he certainly thought chat the
whole bearing of circumstances gave the matter a power-
ful claim to lenient treatment, and he hoped that upon
full consideration I would 1-ee it in the same light, and
do what I could to recommend it to the Admirel's ft-
vourable disposal.

" My own mind had long been made up on the pro-
priety of permitting the egress of these two ships, and I
laid the ground of my general reasoning before the late

Commander-in-Chief, who concurred with me, and au-

thorised me to say that he would not oppose the egress
of the ships, if declaration were made that the cargoes

were not. native property.

" These are the circumstances, Sir, under which
these ships have come down the river, and kindly con-
siderate as you have always been of the difficulties of
my public position, I am sure you will not place me, as
the representative of the country in the distressing
situation before the Government with which I am ne-

gotiating, and before the whole foreign community, of
having Lallaciously induced the belief that the passage

out of the ships was certain.
"It cannot be too frequently insisted that as yet the
motive of a blockade of the port of Canton by the
ship channels is completely achieved, whilst ingress is
prevented, and the Government is pressed by the de-
privations of the shipping duties and the stagnation of
employment at Canton ; further pressure in the way of
blockade is a matter which your Excellency will deter-
mine upon or not as you may see fit, if hostilities un-
happily ensue between the two countries ; but to the
extent and for the objects that the blockade was esta-
blished it has always been stead.ly pursued ; and, whilst
affairs remain in the present attitude, I should be the

very last person to advise it should be relaxed.
" The egress, however, of these two ships (the only
two in the port) has no connexion with those objects,
and under all the considerations I have noticed will, I

am persuaded, appear to her Majesty's Government to
be no more than a suitable act of friendly respect to

- -
the flag of the United States.
" I need not say t, your Excellency that I do not
shrink from the re3ponsiuil ty of counstlling and re-
questing this measure. And I consider it only due to

you to add, that I can offer no objection to the
trans-
mission of this letter to the gentlemen who have ad-

dressed you upon the subject, it you are so good as to
accede to my regitsst—a request I make to you in my
public character, and in the persuasion that the mea-
sure is just and suitable upon public grounds; for it
has never been the practice of the British Government
to exercise blockade rights with the least degree of un-

necessary harshness. Whilst I have no pretension or
disposition to gainsay the unquestionable right of the
merchants to remonstrat?, and complain whenever they
consider themselves aggrieved, I certainly will permit

myself to observe that it were to be wished a reason-
able latitude should be given them for the general in-

terests upon a view of genera) consideration;. Abo
all, it is to be hoped that the highly respectable gentle-
men who !Jaye signed the letter of the 26th instant will
at legit refrain from publishing this correspondence,

whilst it may be necessary to continue the blockade.
" They will always find their remedy by representa-
tion to England ; and the publication of the corres-
pondence at present can serve no other purpose than
to embarrass the Government and officers of their
country, net because there is the least difficulty in jus-
tifying what has been done, but because it is in the
highest degree inconvenient to be driven into the dis-
cussion of public measures during their progress.
" It has happened to me in the execution of my duty
in China, to stand between the merchants and very
grave difficulties, and upon public grounds I consider
myself entitled to expect that they will refrain from a
course of proceeding which would be mischievous to
the well understood interests of the country.

" The alleged wrongs and injuries that may have been
cast upon them can ba duly investigated and redressed
without disturbing the public interest.
" I hare the bonen!' t'o be, &c.,
" C. ELLIOT, her Majesty's Plenipotentiary."
The I aSt letter is one from the merchants., dated
January 1, in which they state that their opielOtis arc
unchanged, that they renew their protest against the
whole proceedings, and that though they will not, as
requested, publish the correspondence in China, they
will lose no time in publishing it elsewhere, and request
that Sir G. J. Bremer will forward copies ef ail the
documents to the Ministers,.