New-York daily tribune., 1865-10-26

means at hand 10 prevent them, n wei! es the unwii
lngness TO seek for stringent powers, are OF -
grave nature as in reason and Justice TO constitute
valid claim for reparati0n and indemrifcatioD.
Differing as Her hajestys Government 40, ron
your statement Of the facts UD0D which the Judgment
the two Governments ia to be ultimately formed, Ia,
down with confidence the following proportions:
81. That the history Of modern nations affords NJ
example Of an nsurrecton against central Govern
ment widely extended, so immediate IN lie operation
SO well and long prepared soon and 80 completely
furnished with the machinery of civil Government,
national representation. Generals and officers of hig
military reputation, armies fully equipped. and forb
cations recently IN possession of the established uo
eminent.
| - That intelligence reached Her Majestyf Gov
ent In the Spiing Of 1861 that seven combined States
had declared in favor Of this isurrecton tuat thre
more States including the great and powerful state
Virginia prepared 10 Join them thai these State'
COMMANDED UPWARD o 600 miles OF seacoast that hey
comprised more than coo OF people, exclusive o.
the negro saves that the President Of The insurgen
Government bad proclaimed his intention OF issuing
letters Of marque and reprsa that the PRESIDENT OF tht
United States the other band, had proclaimed hi'
intention 10 establish blockade Of al, tho ports OF the
Southern States and thst IN these circumstance the
commander of Her Majestys naval forces on the North
American station earnestly solicited INSTRUCTIONS ioi
his guidance.
- That in vie~ Of these extraordinary events un
expected aud ubdesired Her Majesty decided 70 pro
claim her neutrality IN this contest; to allow the Dei
igorent blockade of more than 1900 mies of coast IN
cuding Of course the right OF search detention, and
capture on the part of the United States and on the
other hand in duty bound. Ia recognize IN The so
called Confederate States the rights OF beiseren'
"I. That Her Majesty's Government put in force
with fairness and inpartaly the neutrality they had
proclaimed.
| - That the Foreign Enlistment Act which 10 in.
tended in aid Of the rights and duties Of neutral M.
tion only be applied when ship armed or hted
out or begun to be- armed or fitted ont, and even IN
that only when proof be obtained that the ship
so armed OF equipped. begun 10 be armed or equip
ped Is intended fr the service ofa Power at war with
a friend or ally Of Her Majesty.
&c That I'M the instance oftbe Oreto the case usti-
hirg tho detention Of the vessel was not complete
and In the Of the Alabama the proof was DECLARED
TO bs complete only the very morning when the
owner, Of the Alabama having by some means OBJ.
tained Information OF what wat intended got away on
a false pretense.
-, That the Oreto WAS begun TO be bnllt here, wss
after ward detained and iIed at Nassau Was acquitted
aud aflerward eomgcied at Wilmington. port Of
the tonfederAtes.
"s That the ircnclad rams were detained. and
aherWard seized Gt Brkenhcad. that the so called Can
ton or PGmpero prosecuted aud convicted In Scot
land: that the Victor aftcrward the Rsppao onnock,
was fo sed take refuge Calais In order To AVOID
seizure aud til the close OF tie war never appeared on
the seas
80 That IL 1, no, enough to say that the Foreign
Enlistment Act might have been amended and made
more efficient unless II be shown thst the amendments
suggested would haye been clearly efficient and would
have been consistent it'll the laws Of free country
40 1lst nothing bat the most extensive employ
powers Of detention and seizure on the most vague and
sg ght suspicion. could have prevented british OF
American merchant in combination with Confetl'
crate enemy OF the United Ststes from sending al
armed ship TO distant neutral from sending
TO the saue waters and from combining the ship and
the srrns In hostile cruiser against the commerce VI
the United States
"ll. That tie Shenandoah vas dispatched and arm ed
ip this manner.
"l2. That there Is no reason or groupd Whatever 10
accuse Her Majestys Government Of isilaIs IN The
nor If AZ al -aftp
ing the four years of oiS war. snd consequently no
valid claim can be made FOR rclarston and dsmni-
fcatlon.
" With respect TO your allegation that the concession
OF belligerent rlgs 10 ibe ConiedcrHses prec..
plate and nnprr6 odeEtsd answer bot, eritheis By
saying hrst that cur declaration iOlowe snd did not
precede your declaration of tile intended blockade
OF six seven considerable ports and the declaration
OF an Intention the part ~ the Confecrntes to isue
otters ~ mhrquo; and secondly that sudden insur
reciion Of such magnitude being unprecedented. our
recognition Of rs existence TaS IeeessHiJ likewise
unprecedented"
Earl Rassell then anotes Jndgmei't of the United
States Supreme Court in is6 In Which II Sas lad down.
h.. a. e.tifrote the capture of neutral essel oT
property the high seas war must exist d. Ja'io,
aud that "a war may eIisi when one oi Tue peseehts
claims sovereign rights as against the oiher;' and
finally that "tbe proclamation Of the blockadeh tei
official and cOBciuive evidence 10 the court that state
ofwsr existed which demanded and authorized re-
TO snen f0ensuTe under tho circumstances pc
cular 10 the case" his Lorship then glyCsa history
OF the proceedings OF Her Majesty Government. men
ton u, dates. and quotes pecedeuts Tor ihe course
which the O0Verhmen. took he nfs, ~ 'a M =. o', .I
American Revolution; she SECOND s Wat oI the rc'o
~ he south American Repubics' Earl Russell goes
at great length the history OF these two cases soG
contends that fully jastes The course ta.eh py nel
Msiestys Government SO far as the Portuguese case
was concerned the difference was In favor OF What was
done by Knpland for whereas between thrty ana iory
cruisers escaped from United states ports 70 proy on
portueuese commerce than three or four went
from ritish ports 70 prey United states comInerce
and that whereas American citizens ccmmshd.d cInls
fr1lt.I I.itfU had srn.
ers in the former case. no Eheihh el,xen hau yoi,
mat Jed cruiser IN the latter case But says Ear
Russell:
States and Great Britain appear entirely TO agree Inc
United States when neutral refused 10 be Responsible
Tor csp,ures at sea not brought within their lurSdic
ton or 10 listen proposal 10 appoint commission
to assess damages the Government OF the onited
King have taken similar course
His lordshp eufoTces this point with some ilustra
ions and then points ont that TIE amended American
law Of 1913 alluded 10 by Mr. Adams was in iact the
model Of the English Foreign Enlistment Act OF 1919
Had that not been the case you might reasonably have
asked US to make law; but surely We are not
bound 10 80 on making new laws A iHhHlian because
new Occasions arise" Earl Russell then briefly
alludes TO the course taken by the Government as to
the steam rains and the Alabama. He then goes GA IA
follow:
pleased 10 SAY that the Government Of the United
States is ready TO agree to any form Of arbitration
"Hcr Majesty's Government have thus been
led 20 consider what question could be Pat TO any
sovereign or State 20 whom this very great power
should b. assigned
IL appears TO Her Maje.y's Government that there
are but two questions by which the claim of conpen
saton could be tested The Is: Have the British
Goye,nrneut acted with due diligence, or In other
words with good faith and honesty in the maintenance
Of tie neutray .s@y a1onery Es unssS.oad U5s.
the Foreign Enlistment Act when they declined, IN
June le6 to advise the detention and seizure Of the
Alabama. and on other occasions Nheh they VET Wers
asked TO detsn other ships building or fitting III British
pOrisi