tion the questions whether they acted in good faith in maintaining their neutrality, or whether their law officers correctly con- strued the laws. The Alabama claims would therefore be excluded from its con- sideration; but they are willing to agree to a commission for the decision of all claims which the two countries shall think
proper to submit. The British govern- ment rejoice at the successful close of the war and the abolition of slavery, and earnestly desire the continuance of friendly relations with the United States.
In Lord Russell's note inclosed with No. 1042 the proposition for a commission is nearly the same as that of Portugal in 1820, the negative answer to which forms a part of the same note. The British government thus seem to be making us a proposal which they know must be rejected, or the accept- ance of which will convict the United States of inconsistency on radical questions. Mr. Adams proposes to notice this singular cir- cumstance in his answer.
The note to Lord Russell will be of such length that its transmission must be post- poned till next steamer. Incloses copy of his note to Lord Russell, in which he refers to the latter's admission that the recognition of rebel belligerency was unprecedented, and that it was made when only the intention of establishing a blockade had been declared by the Presi- dent, which was sufficient to justify its being called precipitate. In point of mag- nitude the revolutionary war was a parallel to the late insurrection, yet there was no hasty recognition of the Americans by for- eign powers. The disposition of France was then perhaps unfriendly to Great Brit- ain, but she abstained from recognition at the solicitation of the British government. Mr. Adams cites the Neapolitan revolution and the southern rebellion to show that careful observation of the probabilities of the issue of an insurrection, rather than its magnitude or its suddenness, is the real criterion for the action of foreign nations. Every nation then, in the case of insurrec- tion against a government with which it is at peace, should first abstain carefully from doing anything which may affect the result, and then act in a spirit of strict neu- trality as emergencies for action may arise. If, after a reasonable period, the probable length and importance of the struggle jus- tify it, belligerency should be recognized. This was the course of the United States during the South American revolutions. Mr. Adams believes that the security of belligerents' commerce hereafter depends upon a correct decision of this question; for if it be recognized by Great Britain as international law that a neutral may de-
cline responsibility for outrages committed by its subjects because of the insufficiency of its law, which it has always the power to amend, other powers will follow her example, and the country with the most extended commerce will, in the event of war, be the greatest sufferer. Her Majesty's government are responsible for the consequences of violations of their neutrality, because of the inefficiency of their law, and their repeated refusal to amend it. The British foreign enlistment act is deficient in the very provisions of that of the United States which were enacted at the request of Portugal, and if these provisions had been adopted and enforced by Great Britain the United States would have had little or no ground of complaint. Mr. Adams depicts the probable consequences to belligerent commerce in case the position of the British government be hereafter adopted by neutrals. He then refers to Lord Russell's proposition for a convention as being in nearly the same words as that of Portugal, which the United States had rejected, but says that he will transmit it for the consideration of his government. Mr. Adams also expresses his gratification at the friendly spirit evinced in the note of Earl Russell, as tending to lead to a better understanding between the two countries, which may dissipate the strong feeling of injury now entertained by the government and people of the United States. The proposition for arbitration of claims, made in Mr. Adams's note to Earl Russell of October 23, 1863, is not now renewed by this government. Mr. Adams is directed to inquire what claims Lord Russell proposes now to refer to a commission. Oct. 12 Transmits copy of the London Morning Post containing a leader on the Alabama claims. The writer asserts that, under the ruling in the case of the Alexandra, the Alabama could not have been detained; that the government had done all in their power to preserve neutrality; and that they could not now admit the liability for its violations which they had heretofore steadily refused.
1551 Mr. Seward to Sept. 27 Mr. Adams.
Oct. 14 Transmits copy of the London Times stating 579 officially that the Alabama and similar claims would be excluded from the consid- eration of a commission. The arguments most noticed in the newspapers are those in reference to the future consequences to British commerce of a refusal to settle the claims.
Has received No. 1551. Refers to the news- paper articles on the subject of the Ala- bama claims. Also incloses copy of note from Lord Russell stating that in the pro- posal for a convention the Alabama and similar claims were not included. Mr. Ad-
Transmits copy of Lord Russell's note reasserting the similarity between the present position of his government and that of the United States in reference to the claims of Portugal, and claiming that the English foreign enlistment act, even if amended so as to resemble the American, would not have sufficed to detain the Alabama and similar vessels. Lord Russell inclosesMemorandum from the foreign office in rela- 588 tion to the conduct of Great Britain during the revolutionary war; also, inclosesMemorandum showing the disposition made of all complaints preferred by Mr. Adams in the late war; and then suggests an improvement of both the English and American foreign enlistment acts. Incloses London Gazette containing printed 613 correspondence between himself and Lord Russell. Refers to the latter's disposition
to take shelter under American authority. Has received No. 1580. Transmits copy of 613 his note to Lord Clarendon declining Earl Russell's proposition for a convention. Transmits copy of his note to Lord Clarendon in reply to Lord Russell's of the 2d. Mr. Adams claims that our position during the South American revolutions was radically different from that now taken by Great Britain, in that-first, we did not recognize the insurgents as belligerents until they had armed vessels upon the ocean; second, we went the full length of the law in prosecuting violators of our neutrality; and third, we amended that law when requested to do so by the Portuguese government. This latter proceeding gave great satisfaction to Portugal. In reply to our complaints of rebel operations in Canada, her Majesty's government acknowledged the necessity of "making a new law to meet a new occasion." Mr. Adams will transmit to his government Lord Russell's suggestion of amending the British and American foreign enlistment acts. They should at least be made coextensive.
6 Transmits copy of Lord Clarendon's note stating that no armed vessel left a British port to rcuise against American commerce, and claiming that Great Britain steadily and honestly discharged its duty as а
neutral throughout the civil war. Seeing no advantage to result therefrom, her Ma- jesty's government do not desire to con- tinue the correspondence.
Has received No. 1073, and approves Mr. 625 Adams's proceedings. Lord Russell's pro- position to amend the foreign enlistment laws is declined.
Dec. 18 Has received No. 1092, and approves Mr.
The authorities of Cape Town, having pro- posed to deliver the Tuscaloosa to the United States consul, Mr. Adams has in- structed the latter to receive the ship for her owners, reserving all claims on the British government for damages for her capture by the Alabama and her deten- tion.
Has had an interview with Mr. Adams, in 626 which the latter read Mr. Seward's dis- patch in reference to the surrender of the Shenandoah. Lord Clarendon expressed his desire that the past should be forgot- ten, and that the attention of the two governments should be turned toward future prevention of violations of neutral- ity. Sir F. Bruce is instructed to bring to the notice of Mr. Seward the subject of amending the laws of both countries. Transmits copy of the London Gazette, of 627 22d instant, containing remainder of cor- respondence between himself and the for- eign secretary; also, copy of the Times with a leader containing a renewal of the suggestion of a claims commission. The present position of the government is not satisfactory, and the subject may be brought before Parliament.
Has received confidential letter of Dec. 21. The government and people of the United States cannot waive any part of their claims on Great Britain, and until these are redressed, must decline any proposi- tion for future regulation of their national intercourse.
Refers to Lord Clarendon's dispatch to Sir Frederick Bruce proposing to amend the neutrality laws, as showing a desire on the part of the British government to pre- vent the adoption of its own past policy by the United States in case England should become involved in a foreign war. Lord Russell's abrupt refusal to consider proposals for a settlement of the Alabama claims is felt to have been a mistake, and hence this proposition may be designed to shift the fault upon the United States. It may be attempted to settle the question through a general conference of the mari- time powers.
Has received 1151. Sir Frederick Bruce has not yet communicated Lord Clarendon's
proposal. The United States cannot con- sider it. This dispatch will be shown to Sir Frederick.
Mr. Seward to July 7 7 Refers to the reorganization of the British Mr. Adams.
ministry. Mr. Adams is directed to ascer- tain the probability of their reopening the claims question.
Has received No. 1223, announcing the res- ignation of Earl Russell's government, and is pleased to believe that the change will not affect diplomatic relations with the United States. It is important that the new ministry's attention should be called to our affairs in Ireland. An early reply to No. 1798 is also desired. Has received dispatches up to No. 1800. Lord Stanley's reply to a question in the Commons would seem to indicate an in- tention to reopen the subject of claims.
Mr. Seward to July 30 Has received No. 1235, and is pleased to Mr. Adams.
1270 Mr. Adams to Sept. 21 Mr. Seward.
learn Lord Stanley's friendly disposition toward the United States. Sir Frederick Bruce is impressed with the necessity of a better understanding between the two countries.
Incloses summary of the Alabama and simi- lar claims and recapitulates the circum- stances on which they are based. Con- trasts the action of the British govern- ment with the prompt and unsolicited suppression of Fenian movements in Amer- ica. Mr. Adams is directed to bring the subject of this dispatch to the attention of her Majesty's government. The amica- ble adjustment of existing difficulties will promote peace throughout the world. Has received No. 1835, and presented the subject to Lord Stanley. The latter de- sired to have the matter postponed until cabinet meetings were resumed.
Mr. Moran to Oct. 6 Calls Mr. Seward's attention to inclosed arti- Mr. Seward.
cle from the London Times in reference to the Alabama claims, suggesting the ap- pointment of an international commission to deliberate upon the rights and duties of neutrals in time of war, by whose re- port the claims question might be decided. Although the subject of Mr. Seward's No. 1835 has not yet been made public, the writer of this article seems to have had some knowledge of it, and may have been inspired by the government.
Has received No. 1270, and approves Mr. 640 Adams's proceedings. The delay is to be regretted.
Refers to probable change of policy of the British government in regard to the Ala- bama claims, and incloses article from the London Times in reference thereto. A royal commission to amend the neutrality laws is suggested. The Times regards Lord Russell's assumption that the neu- tral obligations of Great Britain were to be measured by her own laws, as errone-
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