On the contrary, it was thought that if a government vessel of theirs should put into any port, such as Malta, for example, to stay a short time, it had seemed to them churlish to issue a decree to limit it to a single day. He said he had taken some pains to make inquiries as to the action of other governments, and, so far as he could learn, he found it in other respects substantially the same. I have, &c., CHARLES FRANCIS ADAMS. With the view of preventing the recurrence of similar complaints in future, and also of preventing as far as might be the possibility of any abuse of the asylum granted in British ports (as in those of other neutral powers) to belligerent vessels, the British government on the 31st of January, 1862, issued the subjoined orders, to be observed in all the ports of the United Kingdom and those of Her Majesty's transmarine territories and possessions: [16] *The secretary of state for foreign affairs to the lords commissioners of the admiralty. FOREIGN OFFICE, January 31, 1862. MY LORDS: Her Majesty being fully determined to observe the duties of neutrality during the existing hostilities between the United States and the States calling themselves "the Confederate States of America," and being, moreover, resolved to prevent, as far as possible, the use of Her Majesty's harbors, ports, and coasts, and the waters within Her Majesty's territorial jurisdiction, in aid of the warlike purposes of either belligerent, has commanded me to communicate to your lordships, for your guidance, the following rules, which are to be treated and enforced as Her Majesty's orders and directions. Her Majesty is pleased further to command that these rules shall be put in force in the United Kingdom and in the Channel Islands on and after Thursday, the 6th day of February next, and in Her Majesty's territories and possessions beyond the seas six days after the day when the governor or other chief authority of each of such territories or possessions, respectively, shall have notified and published the same, stating in such notification that the said rules are to be obeyed by all persons within the same territories and possessions. I. During the continuance of the present hostilities between the Government of the United States of North America and the States calling themselves "the Confederate States of America," or until Her Majesty shall otherwise order, no ship of war or privateer belonging to either of the belligerents shall be permitted to enter or remain in the port of Nassau, or in any other port, roadstead, or waters of the Bahama Islands, except by special leave of the lieutenant-governor of the Bahama Islands, or in case of stress of weather. If any such vessel should enter any such port, roadstead, or waters by special leave, or under stress of weather, the authorities of the place shall require her to put to sea as soon as possible, without permitting her to take in any supplies beyond what may be necessary for her immediate use. If, at the time when this order is first notified in the Bahama Islands, there shall be any such vessel already within any port, roadstead, or waters of those islands, the lieutenant-governor shall give notice to such vessel to depart, and shall require her to put to sea, within such time as he shall, under the circumstances, consider proper and reasonable. If there, then, shall be ships of war or privateers belonging to both the said belligerents within the territorial jurisdiction of Her Majesty, in or near the same port, roadstead, or waters, the lieutenant-governor shall fix the order of time in which such vessels shall depart. No such vessel of either belligerent shall be permitted to put to sea until after the expiration of at least twenty-four hours from the time when the last preceding vessel of the other belligerent (whether the same shall be a ship of war, or privateer, or merchant-ship) which shall have left the same port, roadstead, or waters, or waters adjacent thereto, shall have passed beyond the territorial jurisdiction of Her Majesty. II. During the continuance of the present hostilities between the Government of the United States of North America and the States calling themselves "the Confederate States of America," all ships of war and privateers of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom of Great Britain and Ireland, or in the Channel Islands, or in any of Her Majesty's colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station or place of resort for any warlike purpose or for the purpose of obtaining any facilities of warlike equipment; and no ship of war or priva teer of either belligerent shall hereafter be permitted to sail out of or leave any port, roadstead, or waters subject to British jurisdiction, from which any vessel of the other belligerent (whether the same shall be a ship of war, a privateer, or a merchant-ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such last-mentioned vessel beyond the territorial jurisdiction of Her Majesty. III. If any ship of war or privateer of either belligerent shall, after the time when this order shall be first notified and put in force in the United Kingdom and in the Channel Islands, and in the several colonies and foreign possessions and dependencies of Her Majesty respectively, enter any port, roadstead, or waters belonging to Her Majesty, either in the United Kingdom or in the Channel Islands, or in any of Her Majesty's colonies or foreign possessions or dependencies, such vessel shall be required to depart and to put to sea within twenty-four hours after her entrance into such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs; in either of which cases the authorities of the port, or of the nearest port, (as the case may be,) shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel, which may have been allowed to remain within British waters for the purpose of repair, shall continue in any such port, roadstead, or waters for a longer period than twenty-four hours after the necessary repairs shall have been completed: Provided, nevertheless, that in all cases in which there shall be any vessels (whether ships of war, privateers, or merchant-ships) of both the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of Her Majesty, there shall be an interval of not less than twenty-four hours between the departure therefrom of any such vessel (whether a ship of war, a privateer, or a merebant-ship) of the one belligerent, and the subsquent departure therefrom of any ship of war or privateer of the other belligerent; and the times hereby limited for the departure of such ships of war and privateers, respectively, shall always, in case of necessity, be extended, so far as may be requisite for giving effect to this proviso, but not further or otherwise. IV. No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, to take in any supplies, except provisions and such other things as may be re quisite for the subsistence of her crew; and except so much coal only as may be [17] sufficient to carry such vessel to the nearest port of her own *country, or to some nearer destination; and no coal shall be again supplied to any such ship of war or privateer in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters, as aforesaid. I have, &c., J. RUSSELL. By the first and second of the foregoing orders belligerent vessels were absolutely excluded from the ports, roadsteads, and waters of the Bahama Islands, except in case of stress of weather or of special leave granted by the lieutenant-governor. These islands being very near to the American coast, access to them was of little importance to the armed vessels of the United States, unless under stress of weather; while to vessels of the Confederate States it was of great importance, the har bors of these States being generally, though not always, effectively blockaded. The orders thus issued by Her Britannic Majesty's government were more stringent and comprehensive by far than those of any other neutral government. It was not the fact that in the ports of the French empire, or in those of other neutral powers generally, belligerent vessels entering without prizes were prohibited from remaining more than twenty-four hours or from purchasing supplies other than arms and military supplies. The Sumter, after leaving Trinidad, entered in succession the ports of Paramaribo, of San Juan de Maranham in the empire of Brazil, where she remained ten days; of Port Royal and St. Pierre in Martinique; and of Cadiz, where she remained fourteen days. She was during fourteen days in the waters of Martinique, and procured there, under the written authority of the governor of the island, as much coal as her commander wished to take on board to enable him to extend his cruise across the Atlantic, together with other supplies. A few days after her arrival, the Iroquois, a war steamer of the United States, entered Port Royal harbor, and the subjoined correspondence passed between her captain and the governor: Captain Palmer to the governor of Martinique. UNITED STATES STEAMSHIP IROQUOIS, SIR: As circumstances prevent my paying my personal respects to your excellency or your representative at this place, I write to announce my arrival in the afternoon of yesterday, as well as to inform you that, to my surprise, I find a notorious steamer called the Sumter quietly coaling at the wharves and enjoying the hospitalities of the port. As your excellency cannot be aware of the character of this vessel, I denounce her to you as one that has been for some time engaged in pirating upon the commerce of the United States, robbing, burning, or otherwise destroying all American vessels which come within her reach. May I not hope, therefore, that your excellency, upon this representation, will not allow her to.enjoy the privileges I complain of, but direct her to leave the protection of the French flag and the immunities of a French port? GOUVERNEMENT DE LA MARTINIQUE, CABINET DU GOUVERNEUR, No. 430 Fort-de-France, le 15 Novembre, 1861. M. LE COMMANDANT: I have the honor to reply to the letter which you addressed me this morning. I am not ignorant, M. le commandant, of the presence in the roads of St. Pierre of a vessel belonging to the States of the South, who profess to have formed a separate coufederation. To accomplish the generous intentions of the Emperor, I wish to be hospitable to the vessels of the two belligerent parties, but I will not, nor can, without violating the orders of His Majesty, divest myself of the absolute neutrality that I ought to observe. That is to say to you, M. le commandant, that if it is not my intention to refuse an anchorage to a vessel belonging to the States of the South, I offer to you, on the other hand, the same hospitality and the same facilities to the vessels belonging to the Government of the Union which you have the honor to command. There exist, besides, international laws, that every civilized nation scrupulously observes, and which I need scarcely recall to you, M. le commandant, nor to the commander of the Sumter. Accept, &c. (Signed) M. LE COMMANDANT DE L'IROQUOIS. LE AMIRAL, Gouverneur de la Martinique, &c. The captain of the Iroquois was also informed that, if the Sum[18] ter should leave *the port before him, he would not be permitted to weigh anchor until twenty-four hours should have elapsed after her sailing. He quitted his anchorage immediately, and cruised in the offing, with the design of intercepting her, till the night of the 23d, when she succeeded in making her escape. On the 18th of January, 1862, the Sumter arrived at Gibraltar. The American consul at that port immediately addressed a letter to the governor, informing him of the fact, and expressing the hope that he would "give such orders as may prevent this rebel cruiser from obtain ing the necessary facilities, and making equipments for the continuance of her, unlawful vocation." To this letter the following answer was returned by the colonial secretary of the dependency:1 Mr. Freeling to Mr. Sprague. SECRETARY'S OFFICE, Gibraltar, January 19, 1862. SIR: I am directed by his excellency the governor to acknowledge the receipt of your letter of yesterday's date on the subject of the confederate steamer Sumter, now at anchor in this bay. His excellency desires me, in reply, to inform you that the instructions contained in Her Majesty's proclamation of the 13th of May last (published in the Gibraltar Chroniele of the 1st of June, 1861) with reference to the strict neutrality to be observed by Her Majesty's subjects in the contest between the Government of the United States of America and certain States styling themselves "the Confederate States of America." will be strictly carried out with regard to the rights and obligations toward both bel ligerent parties. I have, &c. S. FREELING, On the 21st January, 1862, the consul addressed a letter to the senior naval officer at Gibraltar, asking to be informed, for the guidance of the masters of American vessels then lying in the bay, what rules he intended to lay down and enforce "in case any American vessels should leave port before the Sumter, or if the Sumter should be outside the port, waiting to intercept them." He was informed, in answer, that "American merchant-vessels quitting Gibraltar while the Sumter is in the bay, are entitled to a start of twenty-four hours before being pursued with a hostile intention, and it is the duty of the authorities concerned to see that such protection is extended over them." He was further informed that notice of this regulation had been given to the commander of the Sumter.2 On the same 21st of January, the consul telegraphed to the minister of the United States in London information that the Sumter was still in harbor, and added, "The British governor observes strict neutrality, in conformity with the Queen's proclamation." The Sumter was, in fact, according to the statements of the United States consul, unable to leave Gibraltar for want of coal, the consul having succeeded in inducing the merchants of the place to refuse to supply her with coal, though her commander offered 50 per cent. more than the market price. She then applied to be allowed to purchase coal from the government stores; but this was refused, in conformity with the rule observed throughout the war, at all British ports, toward the vessels of both belligerents.3 On the 12th February, 1862, the United States war steamer Tuscarora arrived at Gibraltar, and proceeded to coal at the neutral port of Algeciras. She was soon afterward joined by the United States war steamer Ino, and subsequently by the Kearsarge; and the Ino and Kearsarge remained off Algeciras waiting to intercept the Sumter. The Sumter was paid off in April, and lay in harbor till December, 1862, when she was sold by public auction (after having been first deprived of her armament) to a British subject resident at Liverpool. The United States consul addressed to the governor a protest against the sale, on the ground, first, that the Sumter had come into the possession of the confederate government as a prize of war, (which was proved not to be the fact, the vessel having been purchased by that government from a 'Appendix, vol. ii, p. 13. 2 Ibid., pp. 9 and 10. 3 Ibid., p. 18. private owner,) and secondly, that the sale was made "for the purpose of avoiding a capture by the cruisers of the United States." This protest was not accompanied by any proofs, but notice of it was officially published by the colonial secretary before the day fixed for the sale.' With reference to this sale the subjoined letters passed between the United States minister in London and Her Britannic Majesty's secretary of state for foreign affairs:2 Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: On the 19th of this month, I am informed by the consul of the United States at Gibraltar, that a public sale is said to have been made of the steamer [19] Sumter, a vessel which had committed *much depredation upon the commerce of the United States, and which had taken shelter in that port from pursuit from the national ships. Having the strongest reason, from the known character and previous conduct of the alleged purchaser, to believe that this sale is effected solely for the purpose of rescuing the vessel from its present position, and of making use of Her Majesty's flag to convert it to new purposes of hostilities to the United States, I must pray your lordship's attention to the necessity under which I am placed of asking the assistance of Her Majesty's government to prevent any risk of damage to the United States from a fraudulent transaction in one of her ports; or, in default of it, of declining to recognize the validity of the transfer, should that vessel subsequently be found by the armed ships of the United States sailing on the high seas. Renewing, &c., CHARLES FRANCIS ADAMS. Earl Russell to Mr. Adame.3 FOREIGN OFFICE, January 1, 1863. SIR: I have the honor to acknowledge the receipt of your letter of the 30th ultimo, calling my attention to the circumstances attending the sale of the steamer Sumter at Gibraltar, and I have the honor to state to you, in reply, that the law-officers of the Crown have already the case before them. I have, &c., Earl Russell to Mr. Adams.* RUSSELL. FOREIGN OFFICE, January 15, 1863. SIR: With reference to my letter of the 1st instant, in which I acknowledged the receipt of your letter of the 30th ultimo, respecting the sale of the Sumter at Gibraltar, I have now the honor to inform you that Her Majesty's naval and military officers at that port have received instructions not to give any protection to that vessel beyond the waters of Gibraltar; but it will of course be clearly understood that those instructions do not preclude the owners of the Sumter, if that vessel should be taken by United States cruisers, from appealing, according to the usage and practice of international law, to the prize court in the United States against the captors; nor will Her Majesty's government be precluded from taking any course which may appear hereafter to them proper, if the Sumter, now assumed to be British property, should be hereafter condemned, or otherwise dealt with in any manner which might.not be, in their judgment, warranted by international law. I have, &c., (Signed) RUSSELL. Mr. Adams had on the 3d January, 1863, telegraphed to the American consul at Gibraltar that Captain Bryson, commanding the United States war steamer Chippewa, was to endeavor to capture the Sumter should she leave Gibraltar under the British flag; and on the 19th January, 1863, he again telegraphed, "The Sumter should be captured if Appendix, vol. ii, p. 45. 3 Ibid., p. 52. 2 Ibid., p. 47. 4 Ibid., p. 54. |