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1862. Sept. 26

Mr. Seward.

136 Mr. Dudley to

Oct.

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Mr. Seward.

230

Mr. Adams to Oct.
Mr. Seward.

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Incloses copy of his note to Lord Russell of
4th instant, transmitting a letter from Mr.
Dudley, and deposition, &c., of Henry Red-
den, going to show the piratical character
of the Alabama, and requesting an answer
to his previous notes on the subject. Also,
incloses Lord Russell's reply, detailing pro-
ceedings hitherto taken by the govern-
ment, and promising a report from customs
officers upon the further evidence pre-
sented. Mr. Adams suggests that British
arguments which led to the treaty of 1794,
acknowledging validity of claims against
the United States for damage done by ves-
sels fitted out in American ports against
commerce of Great Britain, may be of value
should injury be done to our commerce by
the Oreto or the Alabama.
Inclosing affidavit of a man named King in
reference to the Alabama.

Is receiving accounts of ravages of the Ala-
bama. There are rumors from Liverpool
of the preparation of more cruisers. Thinks
the presence in European waters of one or
two good United States steamers, efficiently
commanded, would have a good effect. In-
closes copy of note to Earl Russell refer-
ring to serious impressions likely to be cre-
ated in the United States by the depreda-
tions of the Alabama, &c., and transmit-
ting affidavit of George King in reference
to transfer of Alabama's armament from
Bahama.

Oct. 10 Inclosing copy of Lord Russell's note of the
4th, acknowledging receipt of his letter of
the 30th, and stating that much as her
Majesty's government desire to prevent
occurrences similar to those therein refer-
red to, they cannot go beyond municipal
and international law. Also, Mr. Adams's
reply, covering copy of intercepted letter
from Mallory to North, previously referred
to, reminding Lord Russell that his recent
representations have been based on evi-
dence of infringements of municipal law,
and referring to Mr. Collier's opinion, that
in its non-enforcement the United States
has serious ground for remonstrance.
Oct. 16 Incloses copies of Lord Russell's note of the
9th, and the report of the customs commis-
sioners received therewith, setting forth
that as the armament, &c., of the Alabama
took place outside of British jurisdiction,
no offense cognizable by British law was
thereby committed, and that the officers
could not have interferred with shipment
of armanent or coal. Government is not
disposed to investigate acts complained of,
or prosecute the offenders; our main object
now is to complete the record.

Oct. 20 Acknowledges receipt of No. 230, and approves
proceedings of Mr. Adams in reference to

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the "290." Proposition of United States to issue letters of marque had been relinquished, on the ground that confederates had no ports wherein to fit out cruisers; yet we now see them making use of British ports to send out piratical vessels, while entrance for supplies is denied to our war vessels under proclamation of neutrality. Will not the result be that while Great Britain avows neutrality, her subjects are practically allies of our enemies. The President believes that her Majesty's government will not allow this result to be reached. The Navy Department is taking measures to meet the new exigency.

Incloses letter of September 24, from Consul Dabney, at Teneriffe, to Mr. Perry, at Madrid, giving an account of transfer of cargo and armament to the Alabama at Terceira.

Incloses letter from Earl Russell in reply to his of the 9th, stating that although the foreign enlistment act may be evaded, her Majesty's government cannot, on that account, go beyond the letter of the law. The British government seems indifferent to the consequences of its inaction, and in the meanwhile the Alabama continues her ravages. She is expected to attack the California steamers. Nothing is known of the Tuscarora.

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Incloses copies of papers received from Minister Harvey, at Lisbon, concerning depredations of the Alabama. These documents contain information of the destruction of ten American whalers near the Azores. Mr. Harvey has taken precautions to prevent further outrages by the Alabama, but recommends that a swift armed steamer be sent to the vicinity of the Azores. Mr. Adams is directed to lay these papers before Earl Russell, and to endeavor to obtain from British government, first, redress for injuries already sustained by American commerce; and second, prevention of such proceedings hereafter. Incloses resolutions of New York Chamber of Commerce, lamenting the destruction of American vessels by the Alabama, setting forth the results of such proceedings in a moral and commercial point of view, warning British merchants that a repetition of these outrages by British-built and manned vessels will produce wide-spread exasperation in this country, and invoking their influence to prevent the departure of such vessels in future from British

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Nov. 3

ports. Mr. Adams may, if he thinks fit,
submit these resolutions to Earl Russell.

Oct. 30 Incloses communication from Navy Depart-
ment in reference to breach of interna-
tional obligations committed by her Maj-
esty's gunboat Bull-Dog, in transporting
officers for confederate service, and directs
that it be submitted to Earl Russell for
the purpose of investigation and redress.
Information of further devastation by Ala-
bama received. The President is obliged
to regard these destructions as being com-
mitted by British subjects, in violation of
the law of nations, after repeated notice
to the British government. The legal
proofs to support claim for indemnity will
be forwarded as soon as possible.
Has received No. 242 of 16th ultimo. The
President regrets to see no disposition on
the part of Great Britain either to redress
injuries already suffered from Alabama
and other vessels, or to prevent carrying
out of similar enterprises in future. In
hope of a change of opinion, however, evi-
dence will still be forwarded to be laid be-
fore the British government.

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Nov.

257

Mr. Adams to Nov.
Mr. Seward.

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Has again notified officers of Tuscarora and
Kearsarge to keep lookout for the Ala-
bama, which is about to return to the
Western Islands. Some uneasiness is felt
in Liverpool and London on account of
her exploits, in view of possible reclama-
tions by our government. Mr. Adams has
from the commencement shaped his course
in correspondence with Lord Russell, so as
to sustain such reclamations. Activity in
forwarding supplies to British islands un-
abated. Guns are to be manufactured
here for defense of Charleston.

Mr. Seward to Nov. 10| Acknowledges receipt of No. 244. The Pres-
Mr. Adams.

ident regrets that our complaints in re-
gard to the Alabama have not been more
favorably received by her Majesty's gov-
ernment. Future outrages will, perhaps,
induce them to give the matter more de-
liberate consideration.

Mr. Dudley to Nov. 11 Inclosing copy of his note to Mr. Squarey,
Mr. Seward.

Mr. Adams to Nov. 13
Mr. Seward.

asking whether everything was done that could possibly have been done on our part to prevent the sailing of the Alabama; also the latter's affirmative answer, adding that in his judgment and that of Mr. Collier the evidence was sufficient to have justified her detention under the foreign enlistment act. It is understood that the Lairds are still interested in the Alabama. Acknowledges receipt of instruction No. 381 with inclosures. Will present the latter, with other papers in reference to Alabama to Lord Russell, with a view to obtaining redress and prevention. The attention of the government seems to have been drawn

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to the matter, and they are reported to have taken steps to prevent exportation of arms and supplies to the rebels. Their tardy vigilance seems, however, to be directed against those who have least offended, while the more notorious have heretofore escaped by reason of the amount of evidence required as to destinations of vessels. Mr. Adams hopes to learn the reason for this in his expected interview with Lord Russell.

Has received No. 250. The President is gratified at the apparent change in British opinion. Calls attention to the anomaly of our fortifying New York against an expedition from Liverpool. Lord Lyons has arrived and been cordially received. Has received dispatches 383 to 388 inclusive. Is preparing a note to Lord Russell, covering the whole case of the Alabama, and will postpone action on the other matters. Our policy of reclamations, as set forth in Mr. Seward's letter to New York Chamber of Commerce, is construed in England as encouraging foreign difficulties to counteract the tendency of home elections. Mr. Adams believes the question can be more conveniently discussed and settled hereafter. The publication of the notes of the three powers on the proposition of France, together with the revival of the anti-slavery feeling in England, has caused a better sentiment toward the United States. Incloses a copy of his note to Earl Russell of this date, transmitting papers from Washington and Liverpool in reference to the Alabama; recounting the circumstances of her building, departure, and subsequent piratical depredations, committed by a British crew and sometimes under British colors; showing the inevitable consequences to commerce of government toleration of such proceedings; raising the question of reclamations in the light of the treaty of 1794; and finally soliciting present reparation for, and future prevention of, such injuries.

In his conference with Lord Russell last week Mr. Adams had apprised him of the complaints in reference to the Alabama which he was about to present. Lord Russell referred to the delay in stopping the vessel occasioned by the illness of Sir John Harding, and denied John Bright's reported statement that he had warned the vessel of proposed proceedings in time for her escape. No investigation seems to have been made of the action of the collector in permitting her to leave. Has received dispatches 389 to 398 and printed circular 27. Lord Russell has only briefly acknowledged his note of the 20th.

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THE ALABAMA-Continued.

No.

From whom and
to whom.

Date.

1862.

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Rumors are current that the Crown law
officers doubt the strength of the govern-
ment's position. Outfits of blockade run-
ners still continue. Mr. Adams is await-
ing details in order to present to the gov-
ernment a comprehensive statement of
hostile operations now going on in British
ports.

Has received No. 262. The President ap-
proves Mr. Adams's course in presenting
claims. This government has no desire to
harass Great Britain at present, but asks
prevention for the future. Claims are to
be presented to us for injuries done to
foreigners by the rebels, to which we
should have no answer if we did not use
all our efforts to put down the insurrec-
tion. It seems to the President incontest-
able that Great Britain must. redress our
injuries inflicted by her subjects, unless
she can show that she has done all in her
power to prevent them. The recognition
of a contrary doctrine would be followed
by universal piracy. British interest in
the establishment of this principle is no
less than ours. The fact that the Alabama
was built in one place and armed, manned,
and equipped elsewhere aggravates rather
than extenuates the offense.

Incloses additional papers in reference to
ravages of the Alabama.

Incloses Lord Russell's note of the 19th, to
the minor points of which he is preparing
an answer. Lord Russell adverts to cir-
cumstances leading to the treaty of 1794,
as being materially different from those in
case of the Alabama. It was the delibe-
rate violation of international law in the
former case, and not accidental evasion of
a municipal law, which was made the basis
of British complaints. Her Majesty's gov-
ernment have been much concerned at,
and endeavored to discourage shipments
of contraband of war to belligerents, in
violation of the Queen's proclamation,
which withdrew her protection from sub-
jects engaged in such enterprises. The
United States, however, have been much
the largest gainers by these shipments.
The British government has just grounds
of complaint against both parties for hav-
ing induced its subjects to such practices,
and cannot be held responsible for them
by either. In support of this view Lord
Russell quotes Wheaton and the President's
message of 1855. He then refers to the
case of the Alabama, and repeats that she
sailed in opposition to British municipal
law, and in spite of earnest endeavors to
enforce it. This should not surprise the
United States, because their own law, al-
most identical in terms, was similarly eva-

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