New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-01-22


the United States for having Systematically aud in dis
regard Of haf comfy ~ nntions which was their duty
10 observe Induced subjects Of her Majesty 10 Violate
those orders which in conformity with beg neutral POSI-
tion ,he has enjoincd all her subjects to obey.
Great Britain cannot be held responsible 10 erber
party for these irregular proceedings OF British sub
iccts; and sndcayor 70 make her 30 Wolld Dc abo'
as reasonable as II her Iaestys Government were to
demand compensation from the United States ior the
injuries done 10 the property OF British subjects by the
Alabama, resting their demand on tie ground that lhe
led States claim authority aud jurisdiction over the
Confederate States. by whom ths> weasel WAS commis
stoned. g..
50 far q. relates 10 the export OF and munitions
Of war by subjects of Great Britain rom Engish ports
for the use Of the Conedr IL is sufficient answer
20 say TINT the municipal law OF this country docs not
empower her Majestys Government 10 Prohpit or IN
telere with such export except IN extraordinary cases
when the Executive is armed with special powers anu
with regard 10 the Law Of nations, 1t IL clear that the
permission 10 export such articles Is not contrary W
that law and that il affords no just ground OF complaint
% bel.eerent The authorities for this lattor position
are numerous and unconiicting but IL may succ W
refer 10 passages on the subject in the works OF two
American writer's OF high ond admitted authority Inc
passages are follows:
Fr: lit is not the practice ~ nations to undertake
10 prohibit their own subjects by previous laws IRON
rafcking In articles contraband Of war. such truue
is carried al the risk Of those engaged IN u uhder
the liabilities and penalties prescribed by INC law Oh
natiols particular treaties '-tWheaions lntefhn'
tioual Law, 9Th edition. page 81, by La"rence2
Secondly: 1T Is u general Understanding lha, w,
Powers war may seize and conhscae ell contraDahd
goods without any complaint on the part OF TIE ncua
merchant, aud without any imputeiihn OF oreaoh %
neutrality In the neutral sovereign hiinfei We con-
tended GU the part If the French ration IN i'vo th'
neutral Governments boand 10 restrain their su.
rcs from selling or exporting ritcIos COM apau VI
war the beiligcIcnt Powers Bat II was snccossi!
shown on the part OF the United States that netras
NAV lawfully sell nj home b bcgerent purchasers OF
carry Themselves TO tie benigorent Powers eOnraDahu
articles subject TO the right Of seizure ~ nansg
This ticht has since ton explicitly declared by the u
dicial authorities Of this country q nied otn.D ne
right II the neutral 10 transport ana oi io no
powers TO seize. are conflicting rights, ana neln'r
Marty can charge the other with criminal act.
lKonts Commentaries vol j. page 49, etA en'''ou'
is-4D - -, ,,.,
Message ~ Dec. 81. 1853 contains the following pas
,nge; In Pursuance of this policy the laws OF the
United States DO not forbid Their citizens To sci 10
either Of the gerent Powers articles coltraband Of
war OF take munitions ~ or soldiers on board their
private ships for ortaiion and although IN 50 do
ing. the Individual citizen eiposes hs property or PER
on To some OF the hazards 81 war his nets do not IN
yolye any breach OF International neutrality, nor OF
themselves mplcate the G0Vernment.'
As regards the saihngof the Alabama rom Liver
roll cannot do better than refer you TO the croum-
stances respecting that vessel with which have al
reedy had the honor TO make Jon acquainted In ny
sitcr II the 18th ofJuy informed you II was requisite
20 consult the law officers If the Crown before any act
i've siaps could BE- taken In regard 10 mat vessel
In my letter Of the I'D II september explained that
from the natur Of the case some tine was necessarily
spent In procuring the requisite evidence; that tue re
nm Of tie law officers not received until tie 18th
OF july; and that the same day ateegraphlc mes
snge reached her Majesty's Government stating that
the ,.s. had that mornng called. Instructions were
then dispatched dctan her should she put In either ~
Queenstown Nassau Ia one or Other of whlch ports
1t expected that she would go; but The Alabama
aid not call az either o these places. On ne ith OF
October stated 30 yon that much ns Her Majesty ;
Government desired TO prevent such occurr.nce they
unable 20 20 beyond the law municipal ana inter
and on the 10th ofthnt month replied 10 your
observations With reference to tho Infringement u
the foreign Enlistment act by remaFhlnS that IL Was
hs, the foreign enlistment act or any Other acs ior
the purpos- might bo osnded by subtle contIH-
snces; but that Her Mi-stys Government could net
that accent 30 bcyond the letter Of tho sAeiius
law.
IL IL needless however that sboali rursue this
branch 81 the question farther since you admit that
you that the Alabama sailed not only without
the direct authority or indirect permission Of her
Malesi,s Government but la opposition to the munich
pal law and In spite % earnest endea'oTs made To en-
force H.
calculated excite much surprise In the United States
for flfst because the principal municipal
law Of the United States passed almost AT the same
tine that OF this country and II - believed, after
ial understanding between the two States H. In fact
almost identical with that ot Great Britain upon THIS
subject; and secondly because its notorious evasion
during the late vagcd by Great Britain aud her
spIes against Russia was the subject Of rcmourrance
the part Of her Maesys representative at Washing
ton, to the United states
Great Britain then on other Occasions, assured
that every effort which the Law would permit had been
made to prevent such Practice; that the 1ed Steis
Government could only proceed upon legal evidence The
law az to which IA almost Ii not entirely the In
this country and that without such evidence O cnhsIc
ton could BE- procured.
In the case Of tho Aabsme Il II not denied that strict
orders were given Tor her detention M soon AS II MP
pcared the legal advisers OF the Crown Shat the eyi
denoe might be sufficient to warrant them IN advising
such course and that the Alabama continued to eyade
the execution Of those orders.
Her Nnlcstys GoYornment cannot, therefore, admit
that they are under any obi cation whatever make
compenYation 10 United States citizens account Of
the proceedings Of that vessel
Az regards your demand for n more effective proven
ton FOR the Of the hitting ont 81 such vessels IN
British ports have the honor u inform y0u that her
Majessgs Government after consultation with the law
officers ~ the Crown, are oi opinion that certain
amendments might be introduced into the Foreign En-
Istment Act which If sanctioned by the Parliament
would hive the effect OF giving greater power to the
Executive to prevent tine construction In British ports
of ships destined for the use oil bellgerens But her
Maiesiy's Government consider that before submitting
proposals OF that sort to Parliament It would DO de
sirabe that they should previously communicate with
the Government OF tho United states, and ascertain
whether that Gov ernment Is willing 90 make similar
alterations IN its own Foreign Enlistment Act. and
that the amendments ike the original sninie should.
ns il werc proceed pari pa'se IN both countries.
shall accordingly bo ready ~ any iImo To- confer
with Won and "a listen o. ANY suggestions which you
NAV have 10 make by which the British Foreign Enlist
Inet act 9nd the corresponding statute oI tine United
Snies may bo made more efficient for their purpose.
have Inc honor to be- with the highest considera.
tim Sir your most obedicnt. humble servant.
RUSSELL
CHARLIE FRANCES ADsas, esq. &C.. &C.. &c.
THg CLAIM ron DAMAGES ESsrED On.
Mr. S,Eayf 10 NJ. idlms
DyrARrNENI OF STATE WARRINGTON Feb ~, 1862
SIN Your dispatch oi the 9th Of january (No. JO)
has been received together with tbs copy OF the
respondcnoe which has recently passed "tween your
.e, nud Far Russell on the subject Of Che Alabama, or
yg0 Your reply b. his Lorlship IL approved and 1t
seems only necessary, far that particular il
concerned to repeat what was said Ia effect In my