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ment of prizes captured by federal or confederate cruisers if brought into British waters.

1. If any prize captured by a ship of war of either of the belligerent powers shall be brought by the captors within her Majesty's jurisdiction, notice shall be given by the governor to the captors immediately to depart and remove such prize.

2. A vessel which shall have been actually and bona fide converted into, and used as, a public vessel of war, shall not be deemed to be a prize within the meaning of these rules.

3. If any prize shall be brought within her Majesty's jurisdiction through mere stress of weather, or other extreme and unavoidable necessity, the governor may allow for her removal such time as he may consider to be necessary.

4. If any prize shall not be removed at the time prescribed to the captors by the governor, the governor may detain such prize until her Majesty's pleasure shall be made known.

5. If any prize shall have been captured by any violation of the territory or territorial waters of her Majesty, the governor may detain such prize until her Majesty's pleasure shall be made known.

Her Majesty's government have not thought it necessary to make any addition to the instructions already given with respect to cargoes, viz, that her Majesty's orders apply as much to prize cargoes of every kind which may be brought by any armed ships or privateers of either belligerent into British waters as to the captured vessels themselves. They do not, however, apply to any articles which may have formed part of any such cargoes if brought within British jurisdiction, not by armed ships or priva teers of either belligerent, but by other persons who may have acquired or may claim property in them by reason of any dealings with the captors.

These rules are for the guidance of the executive authority, and are not intended to interfere in any way with the process of any court of justice.

I have, &c.,

["London Gazette," September 9, 1864.]

EDWARD CARDWELL.

FOREIGN OFFICE, September 8, 1864.

It is hereby notified that her Majesty has been pleased to order that for the future no ship of war belonging to either of the belligerent powers of North America shall be allowed to enter, or to remain, or be, in any of her Majesty's ports for the purpose of being dismantled or sold; and her Majesty has been pleased to give directions to the commissioners of her Majesty's customs, and to the governors of her Majesty's colonies and foreign possessions, to see that this order is properly carried into effect.

[Extract from the "London Gazette" of May 19, 1865.]

Letter from Earl Russell to the lords commissioners of the admiralty.

FOREIGN OFFICE, May 11, 1865.

MY LORDS: I have the honor to acquaint you that, in the existing state of the civil war in America, and the uncertainty which may be felt as to its continuance, it appears to her Majesty's government that the time has arrived for ceasing to enforce so much of the orders which, in pursuance of my letter of the 31st of January, 1862, were issued by the several departments of her Majesty's government, as empowered the authorities of any port belonging to her Majesty, either in the United Kingdom or the channel islands, or in any of her Majesty's colonies or foreign possessions or dependencies, to require any ship of war or privateer of either belligerent which might enter any port, roadstead, or waters belonging to her Majesty, in order to obtain provisions or things necessary for the subsistence of her crew, or to effect repairs, to put to sea as soon as possible after the expiration of a period of 24 hours, without permitting her to take in supplies beyond what might be necessary for her immediate use; and not to suffer any such vessel as might have been allowed to remain within British waters for the purpose of repair to continue in any port, roadstead, or waters belonging to her Majesty for a longer period than 24 hours after her necessary repairs should have been completed; and also so much of the same orders as limited the quantity of coal and the period within which it might be obtained, to be embarked on board any such ship of war or privateer of either belligerent.

I have addressed a similar letter to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty's treasury. RUSSELL

NOTE. A similar letter has been addressed to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty's treasury.

[Extract from the "London Gazette" of June 5, 1865.]

Letter from Eavl Russell to the lords commissioners of the admiralty.

FOREIGN OFFICE, June 2, 1865.

MY LORDS: I have the honor to state to your lordships that since the date of my letter of the 11th ultimo intelligence has reached this country that the late President of the so-called Confederate States has been captured by the military forces of the United States, and has been transported as a prisoner to Fort Monroe, and that the armies hitherto kept in the field by the Confederate States have for the most part surrendered or dispersed.

In this posture of affairs her Majesty's government are of opinion that neutral nations cannot but consider the civil war in North America as at an end.

In conformity with this opinion her Majesty's government recognize that peace has been restored within the whole territory of which the United States of North America before the commencement of the civil war were in undisturbed possession.

As a necessary consequence of such recognition on the part of her Majesty's government, her Majesty's several authorities in all ports, harbors, and waters belonging to her Majesty, whether in the United Kingdom or beyond the seas, must henceforth refuse permission to any vessel of war carrying a confederate flag to enter any such ports, harbors, and waters; and must require any confederate vessels of war which, at the time when these orders reach her Majesty's authorities in such ports, harbors, and waters may have already entered therein on the faith of proclamations heretofore issued by her Majesty, and which, having complied with the provisions of such proclamations, may be actually within such ports, harbors, and waters, forthwith to depart from them.

But her Majesty's government consider that a due regard for national good faith and honor requires that her Majesty's authorities should be instructed, as regards any such confederate vessels so departing, that they should have the benefit of the prohibition heretofore enforced against pursuit of them within 24 hours by a cruizer of the United States lying at the time within any such ports, harbors, and waters, and that such prohibition should be then and for the last time maintained in their favor.

If, however, the commander of any confederate vessel of war which may be found in any port, harbor, or waters of her Majesty's dominions at the time these new orders are received by her Majesty's authorities, or may enter such port, harbor, or waters within a month after these new orders are received, should wish to divest his vessel of her warlike character, and, after disarming her, to remain without a confederate flag within British waters, her Majesty's authorities may allow the commander of such vessel to do so at his own risk in all respects, in which case he should be distinctly apprised that he is to expect no further protection from her Majesty's government, except such as he may be entitled to in the ordinary course of the administration of the law in time of

peace.

The rule as to 24 hours would of course not be applicable to the case of such vessel. I have addressed a similar letter to the secretaries of state for the home, colonial, India, and war offices, and also to the lords commissioners of her Majesty's treasury, requesting them, as I do your lordships, to issue instructions in conformity with the decision of her Majesty's government to the several British authorities at home or abroad who may be called upon to act in the matter.

I am, &c.,

RUSSELL.

NOTE.-A similar letter was addressed to the secretaries of state for the home, colonial, war, and India departments, and to the lords commissioners of her Majesty's treasury.

APPENDIX No. VII.

Return to an address of the honorable the House of Commons, dated July 8, 1863, for "copy of a memorial from certain shipowners of Liverpool to the secretary of state for foreign affairs, suggesting an alteration in the foreign enlistment act."

No. 1.

To the right honorable the Earl Russell, her Majesty's principal secretary of state for the

foreign department.

The memorial of the undersigned shipowners of Liverpool showeth: That your memorialists, who are deeply interested in British shipping, view with dismay the probable future consequences of a state of affairs which permits a foreign belligerent to

construct in, and send to sea from, British ports vessels of war, in contravention of the provisions of the existing law.

That the immediate effect of placing at the disposal of that foreign belligerent a very small nu ber of steam-cruisers has been to paralyze the mercantile marine of a powerful maritime and naval nation, inflicting within a few months losses, direct and indirect, on its shipowning and mercantile interests, which years of peace may prove inadequate to retrieve.

That your memorialists cannot shut their eyes to the probability that in any future war between England and a foreign power, however insignificant in naval strength, the example now set by subjects of her Majesty while England is neutral may be followed by citizens of other countries neutral when England is belligerent; and that the attitude of helplessness in which her Majesty's government have declared their inability to detect and punish breaches of the law notoriously committed by certain of her Majesty's subjects, may hereafter be successfully imitated by the governments of those other countries in answer to English remonstrances.

That the experience of late events has proved to the conviction of your memorialists that the possession by a belligerent of swift steam-cruisers, under no necessity, actual or conventional, to visit the possibly blockaded home ports of that belligerent, but able to obtain all requisite supplies from neutrals, will become a weapon of offense against which no preponderance of naval strength can effectually guard, and the severity of which will be felt in the ratio of the shipping and mercantile wealth of the nation against whose mercantile marine the efforts of those steam-cruisers may be directed.

That the effect of future war with any power thus enabled to purchase, prepare, and refit vessels of war in neutral ports, will inevitably be to transfer to neutral flags that portion of the sea-carrying trade of the world which is now enjoyed by your memorialists and by other British shipowners.

That over and above the chances of pecuniary loss to themselves, your memorialists share in the regret with which a law regarding community must naturally look on successful attempts to evade, the provisions of an act of Parliament passed for a single and simple purpose, but which has been found not to give the executive all the powers needed for its effective execution.

That your memorialists would accordingly respectfully urge upon your lordship the expediency of proposing to Parliament to sanction the introduction of such amendments into the foreign enlistment act as may have the effect of giving greater power to the executive to prevent the construction in British ports of ships destined for the use of belligerents.

And your memorialists would further suggest to your lordship the importance of endeavoring to secure the assent of the governments of the United States of America and of other foreign countries to the adoption of similar regulations in those countries also. All which your memorialists respectfully submit.

Lamport & Holt.

James Baines & Co.
Richard Nicholson & Son.
W. B. Boadle.

J. Prowse & Co.
Currie, Newton & Co.
Nelson, Alexander & Co.
Kendall Brown.

G. S. H. Fletcher & Co.
J. Aikin.

Finlay, Campbell & Co.
Cropper, Ferguson & Co.
J. Campbell.
S. R. Graves.

Rankin, Gilmour & Co.
Rathbone Bros. & Co.

LIVERPOOL, June 9, 1863.

James Brown & Co.
James Poole & Co.
W. Jacob & Co.
Henry Moore & Co.
Imrie & Tomlinson.
Thomas Chilton.
Jones, Palmer & Co.
Farnworth & Jardine.
Thomas & James Harrison.
L. H. Macintyre.
Potter Brothers.
Chas. Geo. Cowie & Co.
W. J. Seally.

R. Girvin & Co.

C. T. Bowring & Co.

No. 2.

Mr. Hammond to Messrs. Lamport & Holt, and others.

FOREIGN OFFICE, July 6, 1863. GENTLEMEN: I am directed by Earl Russell to acknowledge the receipt of the memorial dated the 9th of June, signed by you and others of the merchants at Liverpool, in which you urge upon his lordship the expediency of proposing to Parliament such amendments to the foreign enlistment act as shall enable the government to prevent the construction in British ports of ships destined for the use of belligerents.

I am to state to you, in reply, that in Lord Russell's opinion the foreign enlistment act is effectual for all reasonable purposes, and to the full extent to which international

law or comity can require, provided proof can be obtained of any act done with the intent to violate it.

Even if the provisions of the act were extended, it would still be necessary that such proof should be obtained, because no law could or should be passed to punish upon suspicion instead of upon proof.

I am, &c.,

Mr. Moran to Mr. Seward.

E. HAMMOND.

No. 43.]

LEGATION OF THE UNITED STATES,
London, June 5, 1868.

SIR: On the 3d instant I received a note from Colonel John Warren, now under sentence of penal servitude, dated at Millbank prison on the 22d of May, a copy of which I have the honor to inclose, together with a copy of my reply. While acknowledging his note, I thought I could not well let his reflections on Mr. Adams pass unnoticed, and I trust my remarks on that part of his letter will not be considered uncalled for. I have no information as to the intentions of her Majesty's government towards this prisoner, but am led to think that there is a disinclination to grant him a discharge just now.

I have the honor to be, sir, your obedient servant,

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

BENJAMIN MORAN.

Mr. Warren to Mr. Moran.

[N. B.-The convict's writing to be confined to the ruled lines of these two pages. In writing to the convict direct to No. 4107. John (R. C.—5) Warren.]

LONDON, May 22, 1868.

SIR: With the privilege of writing this letter I was informed that Mr. Adams had at last performed his hegira and departed this city. It is to be hoped that a new era will date therefrom, and that the inertia of his successor will not deceive the authorities at this side as to the long-recognized rights of the American citizen-native and adopted. It was a great mistake for one party to imagine that Mr. Adams's opinions were the opinions of the American government and people; and for Mr. A. to imagine that he was the United States government and people on horseback, reference to which is made by the undersigned with the best possible intention. To all whom it may con

cern:

In Mr. Adams's letter to me of the 11th March, he stated that "if any further intelligence be received prior to the date of his departure, he would let me know of it." I have concluded. (assuming he meant what he wrote,) in consequence of not hearing from him, nothing has transpired to affect my case; but I know it unavoidably must be done, and I therefore wish to instruct you finally as to my position, concluding that if action has not been (partly or wholly) taken by this time, it soon will. I respectfully request of you, if the question of my discharge be submitted to your office, to first apprise me of its nature, if any stipulations are required before making any final arrangements, as I know you will admit I am an interested party. As a transported convict here, I hear nothing of what is transpiring outside. The rules of the prison are fully applied to me. The officers can't help it. The thrice-convicted robber is as good a man as I am here. My health does not trouble me yet very much, but I may thank an active, hardy life for that. Not out of 5,000 hardy men could you get six men who can stand kicking, cuffing, starving, hanging, or shooting any better than Warren can. My patience is large, so you see I am a good subject for the two doctors. If, on receipt of this, you expect Mr. A.'s successor immediately, you might defer writing; but if not, I hope you will write on receipt. Also should the question of the principle involved in my case be taken up in the right style by my government, I ask of you to make application to see me, to inquire as to my treatment.

In conclusion, let me impress upon you that by the time you receive this I shall be 12 months in prison, on an indictment found on the evidence of Corydon for my actions in the United States of America.

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SIR: Your letter of the 22d of May, addressed to me, did not come to hand until yesterday morning. In reply to your references to Mr. Adams's note to you of the 11th of March, I can only state that no information whatever bearing upon any proceedings in your case, has reached this legation from the government since that communication was transmitted to you. Had there been any, he would not have been unmindful of his word, but would have endeavored to let you know. And I may here be permitted to observe that it is due from me to Mr. Adams to express my sorrow that your letter is blemished with the reflections it contains upon him, and I venture to trust that in your calmer moments you will see this matter in the same light. I can readily understand your anxiety, but you will allow me to say that you fall into an error when you permit yourself to suppose that you have cause of complaint for neglect against either him or the government of your country.

As yet I have not been informed who Mr. Adams's successor will be. But I may say in connection with your request touching any terms of discharge that may be offered in your case, that the responsibility of accepting or rejecting them must rest entirely with you. I can assure you, in conclusion, that I shall be very glad to communicate to you promptly any intelligence I may be favored with for you from the government. I have the honor to be, sir, your obedient servant,

Mr. JOHN WARREN,

No. 4107 (R. C.—5.) Milbank Prison.

BENJAMIN MORAN.

'Mr. Moran to Mr. Seward.

No. 50.]

LEGATION OF THE UNITED STATES,
London, June 12, 1868.

SIR: Dispatches numbered 5, 6, and 7, and your unofficial note of the 29th of May, were received yesterday at this legation from the Department of State.

I have already arranged to see Lord Stanley on the subject of your dispatch No. 5, at 1 o'clock on Monday. Should his reply be that Mr. Thornton will be authorized to open negotiations with you soon, at Washington, on the question of expatriation, I will telegraph at once. But in any event you shall have a dispatch reporting the interview by next Wednesday's steamer.

I had not lost sight of the commission appointed to examine the British naturalization laws, of which Lord Clarendon is chairman. It consists, besides himself, of Sir Roundell Palmer, the attorney-general, Sir J. B. Karslake, the Right Hon. Edward Cardwell, Mr. W. E. Forster, Sir Robert Phillimore, Sir T. Twiss, Baron Branwell, Mr. Vernon Harcourt, and Professor Montague Bernard. It held its first meeting on Wednesday, the 10th instant, and will meet again to-day. I have reason to know that there is a feeling among the majority of the members to recommend a change in the present law of a liberal nature, and also a desire to bring the work of the commission to as early a close as the

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