New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-04-21
Earl Russell on the Seizure Of British
Vessels.

On the Sd instant Earl Russell gave the following
important opinion in reference to the seizure OF
British vessels by Federal cruisers:
FOREIGN OFFICE, April 3, 1863.
SIR: am now directed by Earl Russell to make
you acquainted with the conclusion at which-hav-
ing considered, 10 communication 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 10 trade with MatamOras-
ner Maiesty's Government have arrived.
The Government Of the United States has clearly
no right TO seize British vessels bona de bound from
this country, from any other British POSSESSION
to the ports of Vera Cruz and MatamOras, or either
OF them or vice versa, unless such vessels attempt
to touch az, or have an intermediate or contingent
destination to- some bockaded port or place, or are
carriers of contrabard Of war destined for the Con-
federaie States and in any admitted Of such I'M
lawful capture her Majesty Government would feel
II their duty promptly 10 Interfere with few to OBJ
tam the immediate restitution OF the ship and cargo
with full compensation and without the delay oil
proceedings in r Prize Court.
Her Mejesty's Government, however, cannot
without violating the rules of international law.
claim for Biush vessels navigating between Great
Britain and these places any general exemption from
the helhgerent right OF visitation by the cruisers OF
the United States, nor can they proceed upon any
general assumption that vessels may not 30 act as 10
render their capture lawful and justifable. Nothing
il more common than for those who contemplate
reach of blockade or carriage OF contraband to dis
guse their purpose by a simulated destination, and
by deceptive papers aud the situation OF the ports on
the coast Of Mexico with reference to the Cgntederde
States is such a. TO make il Lot only possible, but IN
many csses probable, that an ostenslble Mexican
destination would be resorted to az cover for OBJ
jects which would really justify capture IL has al
ready happened in many cases that BRUSH vessels
have been seized while engaged in voyages appa-
rently lawful, which vessels have aiterwsrd been
proved in tie Prize Courts 10 have been really gull
~ e endeavOing 10 break the blockade, or ol cur
rying contraband to the Conf7derstes
IL is the right Of the beigerent TO capture Oil YES
sells reasonably SUSPECTED of either Of these trans
Igreesious Of International law, and whenever any
such case Of capture If alleged the case cannot be
withdrawn frcm the consideration Of the Prize Court
Of the captor. After the case bas undergone investi
cation j, ID tie duty OF The Prize Court TO restore
any such prizes unlawful'y made, with costs and
damages; aud the proper tine for the Interference OF
her Majesty's Government is, in general, when the
Prize Courts have refused redress for capture
which tie evidence shows 70 have been unjuetitabe
Her Maesty's Government cannot, upon eN par'e
statements. deny the belligerents in this war the
sxercise Of those rights which, in all wars in which
Greai Britain has been concerned, she has claimed
herself to exercise.
! am, Sir your most obedient humble seTyut
T. n lorYtrv ,ao No esssnhsn street