47

1865.
Mr. Vernon Har- | Jan. 5 “Confederate menaces against neutral rights."
court.

Article of Historicus in the London Times,
of January 16, 1865.

GENERAL APPENDIX No. IV.

The bark Vaury at New York.

53

55

55

55

55

1855.
Mr. Crampton to Oct. 11 Inclosing depositions of Mr. Barclay, British
Mr. Marcy.

consul at New York, and others, in refor

ence to the bark Maury, alleged to be
of fitting out for the Russian government,
and asking the United States government
to investigate the facts, and should the
charges be confirmed, to take measures to
defeat hostile intentions of the persons
engaged in fitting ont said vessel. “Atten-
tion is also asked to Mr. Barclay's state-
ment that a plan exists for equipping
similar vessels in other United States

ports.
Mr. Hunter to Oct. 12 Inclosing copy of Mr. Crampton's note of
Mr. Cushing

October 11, with accompanying attidavits,

in reference to bark Maury.
Mr. Cushing to Oct. 12 | Telegraphic order to take information from
Mr. McKeon.

Mr. Barclay, and prosecute bark Maury if

cause appears.
Mr. Cushing to Oct. 12 Notifying Secretary of State of instructions
Mr. Marcy.

sent to United States attorney at New

York in respect to bark Maury.
Mr. McKeon to Oct. 13 Requesting information in reference to bark
Mr. Barclay.

Maury.
Mr. McKeon to Oct. 13 Asking an inspector to be sent on board bark
Mr. Redfield.

Maury to examine her cargo, and that her
clearance be delayed witil inspector's

report is received.
Mr. Cushing to Oct. 13 Inclosing copy of Mr. Crampton's note of the
Mr. McKeon.

11th in regard to the bark Maury, referred

to in telegram of 12th.
Mr. Benedict to Oct. 15 Inclosing report of inspectors who examined
Mr. Redfield.

the bark Maury.
Mr. McKeon to Oct. 16 Notifying him that a libel has been prepared
Mr. Edwards.

against the bark Maury in consequence of
charges of British minister, and that
verification of the pleading by some one
representing British government is neces-

sary.
Mr. McKeon to Oct. 17 Reporting that a libel was that day filed in
Mr. Cushing

United States district court against the
bark Manry under third section of neu-

trality act of April 20, 1818.
Mr. McKeon to Oct. 17 Requesting a careful examinatiou and report
Mr. Hillyer.

56

56

56

57

57

57

57

58

58

59

59

1855.
Mr. A. A. Low to Oct. 18 Sworn statement of Mr. Low and Nathan B.
Mr. McKeon.

Palmer explaining the construction and
armament of the bark Maury, and pledging
themselves to prove to the satisfaction of
the British consul that the charges against
said bark are groundless. Requesting,
also, that in case of such satisfactory

proof the consul bear the expense thereof.
Mr. Hillyer to Oct. 19 | Reporting examination of cargo of bark
Mr. McKeon.

Maury and stating that should it be found
necessary to overhaul it thoroughly and
take out the coal, the expense would prob-
ably reach one hundred and fifty or two

hundred dollars.
Mr. Edwards to Oct. 19 Expressing satisfaction with Mr. Low's
Mr. McKeon.

statement, and his opinion that the libel

against bark Manry should be lifted.
Mr. McKeon to Oct. 19 Inclosing statement of one of the firm of
Mr. Cushing.

A. A. Low & Brothers, owners of the bark
Maury, and letter of Mr. Edwards in ref-
erence to that vessel; also, stating that
he had discharged the vessel, and asking

approval of Attorney General.
Mr. Cushing to Oct. 19 Inclosing Mr. McKeon's letter of this date in
Mr. Marcy.

reference to bark Maury.
Mr. Cushing to Oct. 22 Acknowledging receipt of his letter of 19th
Mr. McKeon.

and approving his course therein described.
Mr. Cushing to Oct. 22 Communicating history and result of pro-
Mr. Marcy.

ceedings in case of bark Maury, and giv-
ing a resumé of affidavits, statements, and
explanations in said case. Inclosing
copies of Mr. McKeon's report on affida-
vits subinitted by parties interested in
Maury and Mr. Edward's letter to Mr.

McKeon.
Messrs. A. A. Low

Giving statement of proceedings in case of
& Brothers to

bark Maury, and inclosing card from Mr.
Mr. Stevens.

Barclay, published in New York Herald,
denying that munitions were found “con-
cealed under a quantity of cotton on
board," and stating that had the Messrs.
Low's explanations been given sooner, the
course adopted would not have been re-
sorted to. Messrs. Low complain of the
character of the proceedings against their
vessel, and of the insufficiency of Mr. Bar-

clay's apology.

1838.
Act of Congress.. Mar. 10 Concerning punishment of military expedi-

tions against the contérminous territory
of foreign governments at peace wish the
United States.

59

59

61

62

GENERAL APPENDIX No. V.

Rights accorded to neutral and rights claimed by belligerents.

64

1854.
The President to May 11 Transmitting report of the Secretary of State,
the House of

64

64

05

66

1854.
Mr. Marcy to the May 11 | Transmitting copies of correspondence be-
President.

tween United States and foreign govern-
ments concerning rights of neutrals and
of belligerents in the pending war with
Europe. Called for by resolution of the

House of Representatives of the 1st instant.
Mr. Crampton to Apr. 21 Stating that the English and French gov-
Mr. Marcy.

ernments have decided not to issue letters
of marque, &c., in the war with Russia.
Inclosing a copy of Queen's proclamation
asserting her right to seize contraband of
war and maintain blockade as against
neutrals; but waiving her right to seize
enemy's property on board of neutral, or
neutral property on board of enemy's
ships, and to issue letters of marque. Her
Majesty's government confidently trusts
that the United States will observe the

strictest neutrality.
Count de Sar- Apr. 28 Stating that the French and English gov-
tiges to Mr.

ernments have decided not to issue letters
Marcy.

of marque, &c., in the war with Russia,
and inclosing copy of the Emperor's pro-
clamation, identical in terms with that of
the Queen of England. His Majesty con-
fidently trusts that the United States will

observe the strictest neutrality.
Mr. Marcy to Mr. Apr. 28 | Acknowledging receipt of his note of the
Crampton.

21st, covering copy of Queen's proclama-
tion in reference to rules of conduct to be
observed in war with Russia. These com-
munications having been submitted to
the President, he expresses his satisfac-
tion that the doctrine of* free ships make
free goods," so long contended for by
United States, has received qualified sanc-
tion of Great Britain and France, and his
wish that it might be henceforth fully
recognized as a rule of international law.
The United States desire to unite with
other powers in a declaration to that ef-
fect. The United States will observe the
strictest nentrality in the forthcoming
war, and will rigidly enforce obedience to

its laws upon that subject.
Mr. Crampton to May 9 Inclosing copy of the London Gazette of the
Mr. Marcy.

18th ultimo, containing two orders of the
Queen, extending to the 15th instant the
time allowed for Russian ships to clear
from, and bring cargoes to, Great Britain
from Russian ports not blockaded, and
granting additional facilities to trade with

such ports.
25 Mr. Buchanan to Feb. 24 Detailing conversation with Lord Clarendon
Mr. Marcy.

in reference to course to be pursued by
Great Britain with regard to neutrals
during impending war. Lord Clarendon
said that subject was before cabinet, but
not yet decided. Decision should be at
once communicated to Mr. Buchanan. Mr.
Buchanan contended for the American
doctrine of “freo ships, free goods." and
referred to the evil consequences hitherto

67

68

25 Mr. Buchanau to

Mr. Marcy.

69

1854.

following the abuse of the right of search.
The United States waited for the consent
of the great maritime nations to this doc-
trine before concluding treaties with minor
powers. Mr. Buchanan is of opinion that
Great Britain will yield in this matter to
our wishes and the desires of European
governments. Lord Clarendon commended
highly our neutrality law (of April 20,
1818) as superior to that of England, es-
pecially in regard to privateers. Mr.
Buchanan suggests that the President
issue a proclamation after the war shall.
have commenced, exhorting the proper
authorities to be vigilant in executing

this law.
Mar. 17 | Giving account of interview with Lord

Clarendon, in which the latter read her
Majesty's forthcoming declaration in re-
gard to beutrals, conforming to American
doctrine in regard to blockade, and waiv-
ing right to issue letters of marque. Mr.
Buchanan stated strongly his approbation
of the course therein indicated. Lord
Clarendon spoke of the difficulty in chang-
ing the former practice. He had repeated
to the cabinet his conversation with Mr.
Buchanan, which had been influential in
inducing them to adopt this liberal policy
toward neutrals. Although the declara-
tion had not been finally revised by the
cabinet, its principles would not be

changed.
Mar. 24 Referring to conversation with Lord Claren-

don about privateering. Lord Clarendon
spoke strongly against it as contrary to
modern civilization, and complimented
highly the treaties of the United States
with different nations, stipulating that if
the subjects of one of the parties, being
neutral, accept commissions to cruise
against the other from an opposing belli-
gerent, they shall be punished as pirates.
Mr. Buchanan says that these ideas were
doubtless suggested by apprehensions that
Americans would accept privateering
commissions from Russia, and that though
his lordship did not propose such a treaty
that was evidently his drift. In answer,
Mr. Buchanan admitted abuses of priva-
teering, but thought we could not agree to
its abolition, unless naval powers would
consent to total abolition of war upon
private property at sea as on land. This
policy, he thought, was dictated by Chris-
tianity and civilization, and would be

supported by the United States.
Mar. 31 | Her Majesty's declaration, referred to in

dispatch of the 17th, has given great sat-
isfaction to diplomatic representatives in
London, and is more liberal than was ex-
pected.

26 ......do

70

27 ......do

71

71

72

1854.
35 Mr. Marcy to Mr. April 13 Expressing satisfaction of United States
Buchanan.

government with the two main points of
course indicated by Lord Clarendon to be
pursued by British government in the
event of a European war. France is ex-
pected to follow the same course. Both
Great Britain and France would like
to enter into treaty with United States,
stipulating that the subjects of either,
being a neutral, who should accept priva-
teering commissions from an opposing
belligerent to cruise against the other
party, should be treated as pirates. The
United States government would not con:
sent to a convention totally suppressing
privateering, which would preclude it
from resorting to its merchant marine in
case of war. The government trnsts Great
Britain will not adhere to her doctrines
in regard to blockade and neutral trade
with belligerents asserted during wars
after the French Revolution. The “right
of search,” if exercised against us harshly
in the approaching war, will excite deep

and wide-spread indignation.
12 Mr. Mason to Mr. Mar. 22 Refers to the difficulty of combined action
Marcy.

between France and England in regard to
neutrals, on account of the difference in
their hitherto adopted policy. Has en-
deavored to impress upon the French gov-
ernment that the United States would not
be satisfied except by the recognition of
those liberal principles which she has
always maintained, and that, should these
principles be adopted, our government
would have no difficulty in preserving
neutrality. He regards the occasion as
auspicious for the establishment of our

cherished doctrines on this subject. 14 ......do

Mar. 30 Inclosing slips from Moniteur, containing

report of minister of foreign affairs and
Emperor's declaration on subject of neu-
trals, letters of marque, &c. Mr. Mason
thinks these documents will prove satis-

factory.
Mr. Bille to Mr. Jan. 28 Communicating the policy of strict neutral-
Marcy.

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