The Washington herald., 1914-06-28

owner had taken .pains'' to rescue was
| Capt Semmes
! That the persons rescued were taken
away In disregard Of an obligation orig
inally incurred by the Deerhound's own
er TO deliver them to the Kearsargs, thus
making him "a party TO a Continuance
OF strife and bloodshed: for. had they
perished. the Kearsarge would have had
the advantage Of lawful destruction
OF so many enenies:" or had they been
taken, OF 30 many prisoners
That this act was not one Of neutral
Ity. but Of direct hostility.
Tnat irritation in the premises was
aggravated by the fact that the Alabama
was built, armed. manned and equipped
in the neutral country from which the
Deerhound hailed.
That the President regretted the Britt
ism government had not found the course
OF the owner Of the Deerhound a cause
Of severe censure or of regret.
from these points he reached these
conclusions:
That the incidents described confirmed
the earlier opinion that the Alabama
had no national character except such
as attached to her building and equip
ment
That the continuance in England, and
the financial aiding there, Of the per-
sons who had escaped there. was in ef-
feet violation Of neutrality
That these persons. as persons who
made unlawful war. and after voluntary
surrender, had escaped through the un-
lawful intervention of a British subject,
ought TO be delivered up to the United
States.
Mr.. Adams thought the occasion a IT.
ting one for Great Britain to prevent
further preparations of naval expedi-
TONS on its shores to make war against
the United States.
Decline to Give Up Men.
While Mr.. Adams points were clear.
they were not sound, so far as thev
related TO the rescued persons
MI. Lancaster had been requested by
capt Winslow to aid in the rescues- bur
mad made no promise to give I'd the
persons he rescued: nor was il clear that
ne had a right to do so after they
were under his flag There was no con-
nlvance between Mr.. Lancaster and any
officer Of the Alabama The AIabamaiz
officers were not prisoners of war. not
having come into possession Of the Fed
erals
In replying to Mr.. Adams. Earl Russell
repeated his earlier points, and added
that he would beg to observe that
there is no obligation Of international
law which can bind a government of a
a
ent prisoners Of war who NAV have es
capped" and that Her Majestys govern
ment had no power to arrest and sur
render the prisoners in question since
they had been guilty of no orfense
against its laws; that il had no power
TO interfere with whatever private aid
the Confederates might have received.
and that the government would do its
utmost to prevent the outftting on its
nF
war on the United States.
Before the correspondence ended an
other commerce destroyer, the Shenan.
doah, was fitted out in England and left
there. Mr.. Adams adroitly made use OF
the circumstance to lay further stones
in the foundation for claims against
England; but he could not prove that
Capt Semmes and his men. who were
carried TO England, had been prisoners
OF war, or il they had been, that they
had no right OF asylum under a neutral
flag
Capt Semmes. who was Thoroughly
versed in international law. subsequently
wrote as follows on the point as to
whether he was prisoner of war in
time of his rescue:
A person to become a prisoner must
be brought within the power of his cap
tor There must be a manuCaption, a
possession If even for a moment I never
was at am time. during the engagement,
or after. in the power of the enemy. I
had struck my flag. it is true, but that
did not make me a prisoner II was
merely an offer to surrender II was
equivalent to saying to- my enemy. I am 9.
heaten- II YOU will take possession OF
me. I will not resist"
Capt Semmes then cited numerous
cases like his own in which captains had
escaped after striking their flag
tCopyriEht l9lIJ
Tomorrow: Federal Cavalry Cut on
from Grants Army.