The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-04-25


EARL RUSSELL ON THE SEIZURE OF
BRITISH EEssELs.-On the Sd instant Earl
Russell gave the following important opin-
ion in reference to the seizure of British
vessels by Federal cruisers:
FOREIGN OFFICE, April 5, 1863.
SIR: am now directed by Earl Russell
to make you acquainted with the conclu-
sion at withdrawing considered, in COM
munication with the Law Officers of the
Crown, your letter of the Goth Of March,
requesting to be informed in regard to the
right of British vessels to trade with Mat
amoras-her Majesty's Government have
arrived.
The Government of the United States has
clearly no right to seize British vessels bona
fide bound from this country, or from any
other British possession, to the ports of
Vera Cruz and Matamoras, or either of
them, or vice versa, unless such vessels at
tempt to touch at, or have an intermediate
or contingent destination to, some block
AIDED port or place, or are carriers of contra
band ofwar destined for the Confederate
States, and in any admitted case of such
unlawful capture her Maesty's Govern
ment would feel it their duty promptly to
interfere, with a few to obtain the imme-
diate restitution of the ship and cargo, with
full compensation, and without the delay
of proceedings in Prize Court.
Her Majesty's Government, however,
cannot, without vialating the rules of in
ternational law, claim for British vessels
navigating between Great Britain and
these places any general exemption from
the belHgerent right of visitation by the
cruisers OF the United States, nor can they
proceed upon any general assumption that
vessels may not SO act as to render their
capture lawful and justifable. Nothing is
more common than for those who contem-
plate a breach of blockade, or carriage of
contraband, to disguise their purpose by
simulated destination, and by deceptive
papers; and the situation of the ports on
the coast of Mexico with reference to the
Confederate States is such as to make it not
only possible, but in many cases prob
able, that an ostensible Mexican des-
tination would be resorted to as cover for
objects which would really justify capture.
1t has already happened in many cases
that British vessels have been seized while
engaged in voyages apparently lawful,
which vessels have afterward been proved
in the Prize Courts to have been really
guilty of endeavOring to break the block
AIDE, or of carrying contraband to the Con
federates. @ s5a-st
1t is the right of the belligerent to capture
all vessels reasonably suspected of either of
these transgressiOns of international law,
and whenever any such case Of capture is
alleged. the case cannot be withdrawn from
the consideration of the Prize Court of the
captor. After the case has undergone in
vestigation it is the duty of the Prize Court
to restore any suchn prizes unlawfuily
made, with costs and damages; and the
proper time for the interference Of her Ma
iesty's Government is, in general, when
the Prize Courts have refused redress for a
capture which the evidence showsltO have
been unjustifable.
Her Majesty's Government cannot, upon
ex parte statements, deny the belligerents
in this war the exercise of these rights
which in all wars in which Great Britain
has been concerned, she has claimed her
self to exercise.
l am, Sir, your most obedient humble
servant - +. HAMMOND.
E.T. GoURnEY, ESD, No. 8 Leadenhall st.
A BOAT WREcKED.-The boat of respect
able dimensions which left this port for
Ottumwa about two weeks since, loaded
with 10000 pounds of pork, struck rock
in the neighborhood of Red Rock, Marion
county, and sank. The cargo, however,
was all saved, and reshipped safely, to Of
tumwa. The Captain has returned to his
home in this place. You cannot perceive
in his countenance any traces OF melan-
choly in consequence of the accident which
ruined his boat He is gentleman of ex-
emplary fortitude and good swimmer