The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-12

but no such evidenr was brought forward.
Tho Of he Deerhound, therefore, furnishes when
oxamned no materials for complaint against her hales
ty's government.
the next subject Of complaint preferred by you lie the
the vessel called the Sea King from leaving the shores OF
England 10 join another vessel called the LAUREL which
was sent 10 meet her near Madeira with arms and ammu
nit0n. -f...t.
You do not affirm that her Majes,ys government had
any powor or Jurisdiction over either OF these vessels
when beyend the nits OF British territory but unless
that assertion be made implied the complaint falls
the ground. For while these vessels in British
waters no information given (much less
oforsd) 10 her Maosty's government TO show that any
persons concerned In their outfit or equipment were
guilty Of or contemplating any infringement OF the
Foreign Enlistment act, or of any other law In force in
the United Kingdom oven that they suspected
of being ENGAGED in any design whatever hostile or dan
gerous TO tho United Statse.
Your complaint indeed s against the general laws OF
this county, Tho executive power OF the British crown
does o nor does tho executive power as the act OF
Cogres OF 1878 s understood In this country OF tho
Uned ates extend TO the detention and seizure Of
unarned merchant vessel, on the mere suspicion that
she w may be arcd ut sea In the waters OF foreign
Under the municipal law OF this country (which goes
at least as far as any obligation which may be
supposed 10 attach to u under the law OF n7tionsl
the British government 10 able TO detnn and
prosecute natural born British subjects who may
without the license OF the crown. or who within her
Majesty'e dominons may 1T out arm or equip Tor at
tempt 70 M out arm or equip vessels TO cruise or com
NIT hosthes against any State In amity with her Ma
jesty Hut the British laws do not and cannot efectuay
reach subjects Of her Majesty who may go 10 foreign
State and there enter into any Kind OF naval or military
service You well that many subjects Of her
Majesty have from this country To the United States
and have there during the present entered into the
military service OF the United States and fought against
the armies Of tho Confederate, contrary TO her Majesty y
proclamation.
Such occurrences these the law OF England tand
her Majesty government believe the law OF the United
States prevent and has very rarely the power
punish II obvious as you indeed admit that the law
which prohibits the equipment Of vessels destined TO
make States with which her Majesty IN at peace
may, like most other human laws be evadod. No human
IN all ercctualiy prevent indiv iduals
from purchasing otherwise acquiring vessel with
the secret intention OF arming her beyond the terri
toral limits OF the country, and then cruising
against State with which her Majesty Is at peace,
from successfully executing that intention. II IL
distinctly denied that tho government OF any State
upon any recognized principle Of international law,
responsible for such event.
Feeling, as II would seem, tina, for the equipment and
armament Of the Shenandoah no original responsibility
can reasonably be cast her Majesty government you
represent the main substance Of this part OF your
complaint that this vessel after she had been equ pred
and commissioned was recognized by her Majesiy's
government public ship OF Of lawful bellgcrent
and admitted rs such into British ports.
This is In truth nothing more than the often repeated
objection 10 the adopted BY her Maestys
ment In recognizing both parties IN the late war NJ
belhgerens and M beligerents at ALI then M begeent'
whefsve, 'hey we're found actually carrying on war,
that the Sea King was transferred, when beyond the
tsitory OF her Majesty 10 the agents o the
States, and from them while still beyond her Aacs,y
territory received mission Hhipof war under
the of the shenandoah IL a necessary con
sequences of the principle Of neutrality and Of me
alone the blockade enforced with much severity
against neutrais by the United sstes that the validity
for tho purposes OF tho of such conmiOn should
be recognized by the governments OF this country.
The supplies given n this vnxe and the hospitality
afforded 10 her In British por during the continuance
OF the war, were merely the same which were always
afforded TO the vessels of OF the United statcs;
to refuse thsm In such csse would have been
not 70 vindica.e, but 70 depart FROM the nsu-
traiity declared BY her Majesty. II ,he TACT were
tas .ycu snggrsiJ that tho supplies 10 afforded had the
Afssr the Confsdents STATES had ceased H. be belge
rsnts obvious thsA surh OCCURRENCE iagh' equally
take place IN any other csse IN which abipofw@ Of
any nation, having taken In ordinary supplies
At neutral pors, might continne hossh-s after the
rsorsson 0f peace sither through ignorance Of that
fsca, or from any less "reusable motive
30 far then - your objection 10 the esjoy
ment Of beIllessnt rights by the sheusndosh
in the psrs < Great Britain b. fcusa-d on
y have. sisss1y ssass.s..i1 so..,sa' 'sa. ~ ~
sEssa.seassse a 9Rvipmsns vsss ~ sssh = - W.
tie EngikA sovsrnmsnt eoeid Be regarded % illegal
She was shsreore ~ hong ~ tho war subsSted patn
rally trs the ssotina any othsr vessel of
But svcu bad tho esse hsan othcrvi@, sns had her
equipment ana origin been undoubtedv illegal should
forward On behalf q DE un.sd stses In shs following
sentence Of your despaich;--
N 9ons.cins 2 r.s.s. rss v...s .sr ne .s,s q n,
osnnot resst Il. oonvion thai her halesys sovsrn.
ineni assumed responsibility for all the damage sheh II
III needed (which IN this case do nou 10 hnd q an.
swer TO claim founded upon such puncspiss should
have 10 seek further than the records of recent Ae
ncsn law and the prs,sce of modern American sistos
men. 10 that chapter a American history which has
lately become familiar In these dsrux.iobA relating %
South American republics, will n found complete re-.
fuatiOn from American antboritSl a tho d0otrnc on
which you now appear 20 inast
A. you well aware numerous vesseis ~ were
fitted aud reatted under the of TIE v0ited
States In the ports of thu United ea cnrc against
tho commerce Of spain and Portugal Thasc vesssls
started their original manned Sn nnc IN IA.
ports and By the subscta of the United states and -
turned 20 the same ports over and over again after
repeated cruises Though the n-i of the Illegal
origin md equipment OF such vere's w. estab-
lshei not hy rurfniso pdrf> sfsiefncni,
but, in sevonl inrAncea By Judicial prcof addnecd
in s1ir Instituted tor the restoration of their
priEes vhsn brUuFh, within the neutral iausdirion,
the government of the Untsd stae4 does not appear
have taken step for TIE p4rpusr ~ srciug
any those Yesxsa fu the fuli ad -stcted enjoy
menf, within tber own ports or eiacNhere ~ "a" same
prikes brought in which accorded any other etnsr
HhipS-of- war ol a be,ere Power
Nevertheless ~ far from admitting That ~ fncA con
duct, you contend they "ssuried regpOnHi-
bify TOR an the damage done BY such vesas. yogr
gosernment distinctly rpudiatso any such responsibility
when uysd upon them ny Arguments almost sien'icsi
with those which yor rely
While admitting sai several prosscailoas hAs. been
nstte,.d BY Be. ss-.ty. soyernnont s..ns, psrssn'
anenah'e N Brtish Law gho had bren shown Wy yfob.
bic evidence have been guilty Of violating ihc Forr GA
EuIistmsnt ~ Captain corbsit Of The s.s KIN. "
whom you refer having been hronsht
u tssi 10 awaiting his trial ~ thu pr~s~u,
mofnen1l you make h, nsyer1ea2s iast,er ~
complaint that legal proceedings have been taken
against any ~ the Confederate IN thS sorEffy,
under whose direction and management, vari0ns opera
tons 10 abcse Of her Msiestys neutrality Ar sd TO
have bocn conducted
But 20 Inforrstlon SUPPORTED by evidence on -hleh a
prosecution o,ud hc iufcicusy instituted rpre~sfny
maintained has been laid before her Majesty .
government for the purpose of showing that tc lsss
tlfn violated nv fh0Ff
p>rscna
You are well aware of the extent 70 which no, only
municipal tut also ntcrrat onal sw Isrmlk ether n
pe ~ avail themselves ~ the %
neurN county. by meTrar,ile sg~nct-~ by iosn. of
money and By the y1rhs1s and shipment 81 every Kind
~ munitions Of gar ~itn1a giving 10 tte other bill.
r-r~nt say eaus- " Complaint N,aiDst tic country
where surh operations carriei Fuil advantage
as bsen a<sr ol ths isc 4 International i.w by the
United stsita ihengeve, iurng the resnt ooutest
h IN addition ~ ufsfsi ont of tbs nsfIf~, tho Con
fed~rsis IN this ooanry sap~rnsnisd drs~