The Sun.
London, England, 1861-10-29 00:00:00

EARL RUSSELL ON THE AMERICAN

BLOCKADE.

Some. time Pince we (Liverpool .Albion) alluded
to a correspondence which had taken place between
Earl Russell and Mr. H. W. Hayman, of this town,
relative to the American blockade of the Southern
ports. In doing so we gave an outline of Mr.
Hayman's inquiries, and the purport of his lord-
ship's answer. Subjoined we give Earl Russell's
letter in extenso, as being interesting as well as
explicit :

" Foreign-Office, Sept. 19, 1861.
" Sir,--I am directed by Earl Russell to acquaint
you that the questions raised by your letters of the
29th of August and the 4th of September were of
considerable importance, and rendered it necessary
for his lordship to communicate with the law officers
of the Crown previously to answering your letters.
You stated in your letter of the 29th of August,
that, in conjunction with other merchants, you con-
templated fitting out a number of vessels for the
purpose of trading with the port of New Orleans,
and other ports of the United States of America,
and that, looking to the undisturbed state of friendly
relations between her Majesty and the United
States, you apprehend that British ships had a
right, under the law of nations, upon the strict
principle of reciprocity, to enter into, and depart
from the ports and harbours of the United States.
You say that you ask and hope that these vessels
will be protected by her Majesty's cruisers; but
that, if such protection, from reasons of State
policy, should be withheld, you will be prepared to
defend yourselves, as best you may, in the pursuit
of your legitimate trade, and that all parties hin-
dering you in the same will become responsible
for.the consequences. In your letter of September
4, you say that, contending, as you do, that the
blockade of certain ports of the United States as
against the ships of this country is an infringement
of international law, nugatory and unavailable, you
claim the protection of her Majesty's Government
for the mercantile expedition in question, and at the
same time Lord Russell's permission to defend itself
in case of need. Understanding from the tenor of
your letters that the ports to which your vessels
are to proceed are ports which are or may be block-
aded by the naval forces of the United States, Lord
Russell directs me to warn you of the serious con-
sequences which the measures contemplated, as
stated in your letters, will entail on all concerned
therein, and to inform you that her Majesty's
Government will not afford the slightest protection
or countenance to the projected enterprise. The
United States and the so-called Confederate States
are engaged in a civil war, and her Majesty's Go-
vernment have recognised that state of things, and
have taken up a position of neutrality between the
contending parties. Under these circumstances, if
any British ship, being a neutral, knowingly
attempts to break an effective blockade, she is liable
to capture and condemnation. If such ship defends
herself by force against a national vessel enforcing
such blockade, such defence is a breach of the law
of nations, and will expose the ship and cargo to
condemnation as prize, and those persons who com-
mit the act to personal responsibility and severe
treatment according to the law of war, the act of
such persons being considered by the law and usage
of nations as one of unjustifiable hostility. lam to
state that the general rule as to trading by neutrals
in time of war with belligerents is that they may
freely trade, but they are bound to respect every
effective blockade, and that if they carry contraband
of war to either belligerents, they do so at the risk
of capture and condemnation by the other, if dis-
covered. I am, sir, your most obedient humble
servant, " E. HAMMOND.

" H. W. Hayman, Esq., 4, Chapel-street,
Liverpool."