The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-19

o that As answer became Intellectual 70 any intent
" purpos ~ Or did subordinaie-the same VINO
ssne the Alabama people eenss n o. s sne !"
;ondf Ioatoriy teeenph back 10 Collector Edwards,
Let ser soS' WSa.eyer was ME answer sen. hack,
n es did let her 60 and let the remainder Of her
join her after they had confessed taI they were
going 10 join the gunboat portion Of her crew"
give proof Of this last assertion right here, and from
the British Blue Books
stir In the liverpool Collectors Office. Whether the
Collector thereupon telegaphed to London for in
structons in the manner suggested, or whether ne
conniving ut the final escape OF the Alabama certain
il IS that he felt called upon to do something for
annearancc sake 10 meet Mr.. Dudey's pointed notiA-
c,iinn Al his instance, would SEEM The Surveyor
al nc mort Mr. T. Morgan, undertook 10 answer Mr.
Dudley Urgent appeal and instituted kind OF an
exauina,ion Of the tug. Fortunately the Blue Book
published following March, has left the following
attention ever been called TO this document and
Tsr as know 1t is for the first time reprinted in
the United States. copy from Blue Book for 1863,
titled The Alabama, DC, the same last above quoted
OF when Congress enters upon discussion of the
Alabama claims, II any such discussion shall hereafter
arse itiwil order the rep blcaton of this and other
similar documents now confined 70 the English paria
montary publications
cory or LETTER FROM ". MORGAN SURVEYOR, TO THE
-. suRvrvoR's orrrer, July 80, 1852
which suspected to be s"nboat Intended for some foreign
docks for ss sse e o q board dc s0as and pG
2h anchored FOR the night IL he Mersey abrssst the
ing morning. osiensiby on trial trip from which she has
visited the tug this morning. as she lay
Landing Stage at Woodside and strictly examined her holds
cous character b9ardno guns no ammunition or any
nns a deE Of o. p
med that they were portion Of the and
have only ada that your directions to keep strict
" S 70 that she left tbs port without any
part her armament on board she had not much
II said that She crused Point Lynas last night which,
as you are aware some fifty miles 1rem this port Very
To ship men for the Alabama, knowing her TO be
intended for the service of a belhgercnt land at this
time prinaa tace evidence of the Aabamas destination
confessedy sufficient require her detention had been
laid before the British government, an offence
at the time that the Hercules searched equally
against British against international law If not
an offence of equal grade with that OF the Lards in
of belgcrent rebels it offence Of the
generic kind constituting an nfracon Of national neu
tray for which the injured neutral nation had right
TO demand satisfaction and for which the British Foreign
Enlistment act denounced severe penalties. Among
other things the British statute authorizes and requires
the detention of the offending vessel in the following
distinct terms
Every such ship having board conveying
or such ea or r.
who shall be departing from ms dSmnions for the
seized detained by the collector &c Stat 80 Geo. Ill.,
chap o. IS.
The United States Supreme Court for long series Of
years have held the doctrine that compensation must be
made for national omissions TO enforce neutrality
much in regard to permitting enlistment of men for bel
geront reference to fitting out ships Of
in the first instance.
Thus Judge Story, prononncing the opinion Of the
the Santissima Trinidad case u Wheat Rep p
34s), says
Here met by an argument behalf Of the claim
within our ports by an enlistment Of mem is not an nfrac
a mOa n e w saas pSbea by our nnc
the penalties PERSONAL and do not reach the Of res
mentaon has taken place The court passing upona
css ade during tie same cruise the doctrine Of this
has long that such Illegal augmentation IS
cpa laws; violation Of neutrality by analogy to
the character tors justes and requires restitution
% the parties who have been injured BY such misconduct
piled have been cited at the and and SO
uniform that would be waste Of time to discuss them.
This said by Judge Story in treating of the unneu-
trail enlistment OF men in our country on behalf OF an
acknowledged public ship of war, and when only the
prize before the court for adjudication Can any
one the learned judge would have held that
England must make compensation to the United States
quite much for furnishing the crew to the Alabama as
fer equipping and fitting her out?
The next day after the decision OF the Santissrna
Trinidad case the same United States Supreme Court
Chief Justice Marshall giving the opinion) decided IN the
of the Gran Para, that the enlistng of men for
beigeren ship, not yet become ship OF war; like the
a 81 anans a
sci in this case, the Irresistible afterwards prose-
cutcd herself and would have been condemned but for
flaw in the statute in regard to the time Of Its contnu-
ance n operation. Il Wheat. BOIL
Tho construction thus put by the United Supreme
Court upon the enlistment Of for n belligercnt
sci ia followed by English writer public law OF
knowledged reputc, Mr. HMcourt Historcus'), who,
IN 70 TINS very case Of the Aaeama says 10
by Mr. Thomas Barring in the Georgia debate, May IL,
1884,
s 1 ss o gsm and .sns Ss
yexed question Of equipment think there be very little
dosbt on that of enlistment.
Now, was this offence thus in contravention both Of
municipal and Of international law, that the Collector of
altar arAa I'm Alaba
knowingly and wfully permitted to be perpctrated,
in freely allowing the Hercules 70 carry down to the
deain the tug and the aboard her who were
about departing from her Maiesty's dominions for
their confessions Or If he wished to the Ala
bam why did he not let the tug go and follow her down
the Mersey till - had joined her consort and then
make the seizure Oeboth while still in British watersY
But anticipate my story. The Hercules, not being
Surveyor Morgan went about its business without fur
thcr molestaton and in due time kept its appointIr.
with the Alabama. II found the ,ebel crass.,. 70 sup
doubtless anticipated, in Beaumars Bay, and vovaqe
piled her with full complement Of mo. i9 Of Tho Her
TO Terccira Says Captain Miller collector after the
nv nn h.cI he sscerS time verpooBue
Book, 1858, THE Alabama" Vo'e'P0"''''s' NJ
wednesday rom ,s ne y ,n SI4,yg
sse wsa sf ss, s1G ws SSs 10
snd pSsy s ss
men on board and s ssars midnight We we've
| bm three 10 four miles ife ~ o''' " WIS "ne u"y.
| y, 800 h,,o Icing in Faumaris Bay with the Hercules
| ar w "a anS while sdsputably within British terri
to' ~ he Alabama completed the enlistment of her
crS nr.nars,ory 20 rAkng upon the United States
saysgarence Yonge he Aabama's paymsstcr, who was
an boarer In that capacity, but who after
ward a,ern.d 10 righfn allegiance and revealed
some the secrctof the equipment and outfit Of the
corrair.-
signed sre,es before various times while in Liverpool
hut they ai.sw. up ain and the articles Am
day Of Ap 1858, mmuncated TO the British govern.
/, ment April Blue ,ok, North America 1894 No j.
| sEae Alabsrn. Stuf page 81 NoTE.-ltlarence
Yonge .,heal that locality Moelfra BAY some
1--WE 10 ten miles dis.srem Beaumars Bay But prefer
| "a follow Captain Mnwho, from familiarity with that
coast, IN plying anwn tug master can hardly he
! | mistaken in calling " -imaris - -
So that il wss on ae day, within the land locked
49, bay OF Beaumars oniree four miles distant from
,d the Welsh COAST within three hours easy sail
,t Liverpool, thar 'ha' expedition which the Eng.
80 Fish customs an."o,,h had promised 80 faithfully
- ,waich anu y, intended outfit and depar
. 80 they h'u ~ NV ousiy warned by American