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

Q thas his answer became Intellectual 70 any lnsens
y purpoS ~ Or did some subordnaie-the SAM VA,
. sene the Alabama people Ss,nss has o. SPOKEN 80
'ondf saatorily teleerph back 10 Collector EDWARDS,
Let ner roa3 Wnassver was ME answer zen. hack,
70 critics did let her 90 and let the remainder OF her
rw Join her after they had confessed tss say "''o
eone TO join the gunboa as pooa h, n n and from
give proof Of this last assertion nsh' mere, anu iro
the British Blue Books. -.
ctr in tho I'varnoo collectors Office. Whether the
Collector tbereupon telegraphed TO London for in
structions in the manner suggested or wiener ne
connvinc m The final escape Of the Alabama certain
n ia mar no felt called upon TO do something for
a,noarancc exc 10 meet Mr. Dudley's pointed notif-
c,tion : Al his instance, AZ would seem, the Surveyor
al INC mort Mr. f. Morgan undertook TO answer Mr.
nudlny urgent appeal and instituted kind of an
examination Of the tug Fortunately the Blue BOOK,
published the following March, has left the following
sut of his labors record This is the first time that
attention has been called TO this document, and
fSr a. know II IS for the first time reprinted in
the United states copy from Blue Book for 1868,
filled The Alabama &c, the last above quoted.
or course when Congress upon discussion of the
Alabama claims " any such discussion shall hereafter
arse lttwi order the rep biicaton OF this and other
similar documents now confined 70 the English para-
mcntary publications.
COLLECTOR LIVERPOOL.
SURVIVORS, oFrcE, July 80, 1852
which is Suspected sanbost intended foreign
beg 70 state tina" snsf 1.-THE the date Of ny G %
docks fitting for and receiving on board Goals and proy
2sth inst anchored the night in Mersey the
trial ,r %heS
visited the tug Hercules this morning she lay at the
Landing Stage woodde and strictly examined her holds
and p on s uns mao na 90 or ay
thing apperaning thereto considerable number Of per
mItted that they were portion Of the and were
have only to add your directions keep
watch the said vessel have been carried out and write
part Of her armament on board; she had not much
II is said that She cruised Point Lynas night which,
as you aware is some fifty miles 1re% this port Very
To ship men for the Alabama, knowing her TO be
intended for the service of begerent land at this
time pid acie evidence OF the AIabamas destination,
conessedy sufficient to require her detention, had been
laid before the British government was an offence,
at the time that the Hercules was searched, equally
against British against international law. II not
an offence of equal grade with that OF the Lalrds in
building and equippng ship ofwar for the service
of bellipcrent rebels it was an offence OF the
generic kind constituting infraction of national
tality for which the injured neutral nation had right
TO 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 ship vessel so having board, conveying
carrying Transforming any such person or r. EN-
who shah be departing his Majety domnons for the
purpose and with the intent Of enlistng shall and may be
seized detained by the collector &c Stat % Geo. H.
chap. O. So
The United States Supreme Court for long series Of
made for national omissions TO enforce neutrality as
much in regard permitting enlistment Of men for bel
gerent vessels in reference to fitting out ships OF war
in the first instance.
Thus Judge Story, pronouncing the opinion Of the
court IN the sanssima Trinidad II Wheat Rep p.
Here met by argument behalf of the claim
that the augmentation Of the force Of the Independenca
ton Of the law of nations violation Of neutrality
the penalties PERSONAL and do not reach the Of res
tuition Of captures made in the cruise during which such aug
case of restitution Of particular capture As to
long established that such illegal augmentation Is
violation of the law Of nations as well as q our own mum
other cases nfects the captures subsequently made with
to the parties who have been injured by misconduct.
The which been recognized and ap
Piled been cited the bar and and so
uniform that would be waste Of time to discuss them
This said by Judge Story in treating of the
acknowledged public ship Of war, and when only the
prize was before the court for adjudication Can any
doubt that the learned Judge would have held that
England must make compensation to the United States
quite much for furnishing the to the Alabama as
fer equipping and fitting her out?
The next day after the decision OF the Santissima
Trinidad case the same United States Supreme Court
Chief Justice Marshall giving the opnion) decided IN the
case OF the Gran Para that the enlstng Of men for
belligerent ship, not yet become ship OF like the
Alabama, breach Of neutrality which vitiated all
her subsequent belgerent captures The offending YES
sci in this case, the Irresistible afterwards prose-
cued herself and would have been condemned but for
flaw in the statute in regard TO the time Of its connu-
The construction thus by the United States Supreme
Court upon the enlistment Of for beigercnt YES
se ny an nssn wrer on paoc law Oh h ao
in reference TO this very case OF the Alabama says in
letter to the London Times Of February H. 1s63 quoted
by Mr. Thomas Barring in the Georgia debate, May 10,
1884,
Was the Alabama unawfully equSed and within
vexed question Of equipment think there be little
dosbt on that of enlistment.
Now IT was this offence, thus in contravention both Of
municipal and Of international law, that the Collector of
Liverpool after receiving orders to seize the Alabama,
knowingly and wilfully permitted to be perpctrated
in freely allowing the Hercules TO down to the
alabama "a hostile expedition emanating from
British territory. Why did he not at least
about departing from her Maicstys dominions for
the purpose and with the intent Of enlisng' as by
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 9 both while still in British waters?
But anticipate my story. The Hercules, not being
nterered with by anybody after this socacd search by
Surveyor Morgan went about its business without fur
Their rnolesaton and in due time kept its appointT.
with the Alabama. II found the rebel crues., o. sn
doubtless anticipated in Beaumarls Bay, pad VOYAGE
piled her with full complement Of mSs ~ Of the Her
cules, his affidavit made befse INC Iiyernocl pne
Feraes got back the second t amo.espondence' Sc
NJ nps snn n Il = A' -
wednesday rom m. ast iss 70 aSa 4yy
eS who 9 Sssd ca. two
a Sr ssa o 9locs hal a.
L - "A 1atA
| bm three TO -four mi'es HV ~ ' " WIS "ne u"s.
" .a. milo living in Faumaris Bay with the Hercules
| AZ "a ans while sdspntably within British terri
to, ~ .he Alabama completed the enlistment of her
crG nrcnarsiory 20 Akng war upon the United States
sa, sa.ence Yonge he AIabama's paymastcr, who was
then,,ng on boarder in that capacity, but who
wards ssSrn.d 10 righful allegiance and revealed
some the secrcsof the equipment and outfit Of the
corrnr. -
signed are,s before various times while In Liverpool;
hut they aicsme up Gin and renewed the articles IAN.
davit Ap 1853, mmuncated TO the British govern
ment Aprl \ Blue ,ok, North Americsn 1884 No. J.
Yonge aud .,bca that locality Moelfra Bay some
hye TO miles dissrtm Bcaumars Bay But prefer
10 follow Captain Mnwho, from his familiarity with that
coast. plying up sn'wn tug master can hardly be
| ,nistnken In calling u -Imaris
So that il was on ae day, within the land locked
bey OF Beaumars on, ree four miles distant from
~ the Welsh coast within three hours easy sail
az Liverpool thai 'nrs expedition which the Eng.
80 Fish customs aus'oaha had promised faithfully
!" ,maich, anu u, intended outfit and depar
, 20 they naa ~, 49, a,y ousy warned by American
on | ansencc "ay "p.5th almost hour by hour