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capture unarmed vessels belonging to either party. Her Majesty will, of course, be at liberty also to increase her naval force on the lakes at the expiration of the six months after notice, if she shall think fit so to do. But it is to be hoped that when peace is restored the former agreement, which was formed upon just and wise considerations, may be renewed, as one that must be advantageous to both parties.

3. The next proposition of the Secretary of State declares the neutrality proclaimed by her Majesty to have failed, as well in the British home ports as in the colonies; that it must continue to fail so long as asylum is allowed there to active agents of the enemies of the United States, and so long as those persons are in any way able, by evasion or otherwise, to use the British ports and British borders as a base for felonious depredations; and the Secretary of State adds, that the only remedy which the government of the United States is able to conceive, is the "". recognition by her Majesty's government of the first and exclusive sovereignty of the United States in all the waters and territories legally subject to the jurisdiction of this government."

It appears to her Majesty's government that this proposal amounts to nothing less than a demand that Great Britain should cease to acknowledge the belligerent character of the southern States, and treat the southern citizens as felons and pirates. In order to consider this matter fully, I find it necessary to recur to the events of the last three years.

President Lincoln, immediately after his accession to power in 1861, found himself face to face with a most formidable insurrection. In the month of April, 1861, he ordered a levy of seventy-five thousand men to meet the danger. Finding this number insufficient, armies of three, four, and even seven hundred thousand men have been raised, embodied, marched, exposed to battles and sieges, worn by fight and fever, exhausted, consumed, and replenished in this mighty contest. With similar purposes the President, in the same month of April, 1861, proclaimed the blockade of the coast of seven States, and the blockade of two other States was added immediately afterwards. A navy was suddenly created, supposed to be adequate to the task of blockading three thousand miles of coast.

Her Majesty's government could not, any more than the other powers of Europe, fail to recognize in the vast extent of the territories involved in hostilities, and in the fierce nature of the contest, a civil war of the most extraordinary character.

In proclaiming that both parties in this vast war were to be treated as belligerents, and in admitting the validity of a blockade of three thousand miles of coast, her Majesty's govern ment acknowledged an existing fact, and recognized the international law applicable to that fact. But her Majesty's government could not disguise from themselves the difficulties which would beset, under any state of law, the task of preventing undue aid being given by individuals among the Queen's subjects to one or the other of the belligerents. The identity of language, the increasing intercourse of trade, the immense extent of ship-building carried on in this country, and the ingenuity of speculators in defeating laws and proclamations, made it impossible that there should not be many escapes from the vigilance of the government, and many successful stratagems to disguise hostile proceedings.

Still her Majesty's government counted on the fair consideration by the government of the United States of what was possible on their estimate of the honest intention of the British Executive, and their knowledge of the latitude, both of opinion and of action, prevailing among a people nurtured like that of the United States in free institutions.

Her Majesty's government also thought that the United States must be aware that the law of nations and the circumstances of the war gave an immense advantage to the federalists against the confederates in obtaining warlike supplies. In confirmation of this remark, it may be reckoned that besides very many batteries of artillery, five hundred thousand rifles have been manufactured in this country and conveyed to the shores of the northern States, to be used by the federal troops in the war. It may safely be said, also, that many thousands of the Queen's subjects have held these rifles against the hearts of men whom her Majesty does not regard as her enemies.

The supplies sent to the confederates are, on the other hand, very commonly intercepted and captured on the sea by federal ships-of-war. Her Majesty's government, however, have put in force impartially the provisions of the law, and have prosecuted those persons, who, in apparent violation of that law, have fitted out vessels in our ports with the purpose, as it was believed, of aiding in hostilities against the United States, or who have been engaged in enlisting seamen or recruits in the service of either belligerent; and her Majesty's government have succeeded in preventing the departure from the Clyde and the Mersey of several ships intended for the service of the confederates.

Such being the state of affairs, her Majesty's government are not prepared either to deny to the southern States belligerent rights, or to propose to Parliament to make the laws of the United Kingdom generally more stringent.

To allow to the United States the belligerent rights of blockade and of search and detention to the widest extent, and to refuse them altogether to the other party in the civil war, who have possession of an extensive territory, who have all the forms of a regular government, framed on the mould of that of the United States, and who are wielding large regular armies, would, her Majesty's government presume to think, be as contrary to the practice of civilized nations as it would be to the rules of justice and of international law.

Neither can her Majesty's government refuse an asylum to persons landing on our shores

and conforming to our laws, merely because such persons may be or may have been in hostility with a government or nation with whom her Majesty is at peace.

The Congress and President of the United States have thought themselves compelled, by the necessity of internal war, to restrict and curtail the liberties of the people of these States. Her Majesty's government do not presume to judge of that necessity, but they cannot find in the hostilities which prevail on the continent of North America any justification for so altering the laws of the United Kingdom as to deprive the citizens of the southern States of America of that asylum which Great Britain has always afforded to men of all nations and of all political opinions.

But while the government of the United States complain that her Majesty's policy of neutrality has failed, her Majesty's government have had frequent occasion to complain that the United States have carried beyond all acknowledged limits the rights of belligerents. The crews of vessels seized as blockade-runners, who, by the law of nations, are only subject to detention till the case of the vessel in which they were found has been heard in a prize court, have been subjected to confinement for indefinite periods of time as prisoners of war, and her Majesty's government have more than once felt it to be their duty to express their opinion that such proceedings are a plain and clear violation of neutral rights.

The United States government have also compelled British merchants trading between New York and a neutral port to give bonds for the conduct to be observed by them in that port, and for the direction of their future voyages, and this is against the plain tenor of the treaties subsisting between Great Britain and the United States.

The government of the United States have likewise permitted their subordinates and recruiting agents to enlist British subjects who had been drugged, and had not, when so enlisted, recovered from the effects of the treatment to which they had been subjected.

If her Majesty's government have not resisted more strenuously than they have hitherto done these illegal and unfriendly proceedings, the cause is to be found in their belief that the passion and excitement of the contest have, for a time, obscured the sense of justice and respect for law, which usually distinguish the United States, and that with the close of the contest calm consideration will return, and a just view of these transactions will be taken. The welfare and prosperity of the United States are earnestly desired by the government of her Majesty, and the necessity of securing peace and harmony on the borders between the British and the United States territory is fully acknowledged. With this disposition on both sides, her Majesty's government cannot doubt that adequate means of repression will be found, and that signal failure will attend any wicked attempts which may be made to involve the two nations in the calamities of war.

It is a pleasure to me to conclude this despatch by noticing the handsome terms in which the Secretary of State declares himself not only able but obliged to acknowledge that the Canadian authority has in the last-mentioned instance "thus far co-operated with this government in faithful and diligent efforts to bring the disturbers of public peace to justice." Her Majesty's government trust such faithful co-operation in the performance of friendly offices may long on both sides continue.

I have to instruct you to give a copy of this despatch to the Secretary of State.

I am, &c.,
LORD LYONS, G. C. B., &c.

Mr. Burnley to Mr. Seward.

RUSSELL.

WASHINGTON, December 17, 1864.

MY DEAR SIR: In accordance with the arrangements made at our interview this morning, I telegraphed to the governor of New Brunswick, Nova Scotia, and Prince Edward's island, to inform them that things were critical relative to the St. Albans raiders; that they must be upon their guard lest they should be allowed to escape through their provinces, and increase the irritation which is felt on this subject.

Believe me to be, my dear sir, your very obedient, faithful servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, December 19, 1864.

MY DEAR SIR: I have received with much satisfaction your letter of the day before yesterday, in which you informed me of the purport of telegraphic com

munications which you addressed to the governor of New Brunswick, Nova
Scotia, and Prince Edward's island, in regard to the St. Albans marauders.
Your just and friendly spirit.is highly appreciated.
Believe me to be, my dear sir, very faithfully yours,

J. HUME BURNLEY, Esq., &c, &c., &c.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, December 19, 1864.

SIR: I have the honor to communicate, for your information, a copy of an instruction of this department of the 6th instant, and of its enclosures, addressed to Mr. Adams, United States minister at London,* on the subject of certain intercepted correspondence of insurgents residing in Canada.

I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD,

J. HUME BURNLEY, Esq., &c., &c., &c.

[* See instruction, No. 1183, to Mr. Adams.]

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, December 21, 1864.

SIR: I have the honor to state, for the information of her Britannic Majesty's authorities, that by a despatch of the 13th instant from the United States consul at Halifax, I have been apprised of the existence of a piratical organization, consisting of about three hundred persons, which has been formed for the purpose of seizing, plundering, or destroying, or, where it may be practicable, of appropriating steamers and other vessels belonging to citizens of the United States at different points along the Atlantic and Pacific coasts, and on lakes situated between the United States and Canada. The consul states that this body of desperadoes will separate into smaller parties and operate at different points; that a portion of the band will remain at Nassau; that several persons belonging to the organization have pretended commissions from the so-called secretary of the navy of the insurgents in arms against this government; that some of the parties connected with this organization left Halifax recently in the steamer Acadie, which sailed for Nassau and Havana; that Braine, one of the piratical leaders engaged in the seizure of the steamers Chesapeake and Roanoke, was at Halifax two or three days before the consular despatch referred to was written; and that he left under an assumed name in a schooner for Nassau; that McDonald, who was associated with Braine in the seizure of the Chesapeake, is said to be in Canada, in the vicinity of Detroit.

I have the honor to be, with the highest consideration, sir, your obedient

servant,

J. HUME BURNLEY, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

No. 141.]

Mr. Jackson to Mr. F. W. Seward.

CONSULATE OF THE UNITED STATES,
Halifax, Nova Scotia, December 13, 1864.

SIR: I have the honor to inform you that an organization of rebels has been formed, consisting of at least three hundred persons, for the purpose of seizing, plundering, destroying, and, where practicable, appropriating American steamers and other vessels at different points along the Atlantic and Pacific coasts, and on the upper lakes.

The main object of these pirates will be to seize vessels having large amounts of money on hand. This body of desperadoes will separate in smaller parties and operate at different points. Their base of operations and headquarters will hereafter be at Havana, at which place they will be supplied with money, and such arms and other means as may be necessary to facilitate their operations. A portion of the company will probably remain at Nassau; another portion will proceed from Havana to Vera Cruz, and another portion to California, for the purpose of intercepting and seizing the Pacific mail steamers.

Those steamers carrying the largest amounts of money will be the special objects of attack. Several persons belonging to the organization have commissions from the rebel secretary of the navy. Some of the parties connected with the piratical gang left here last week in the steamer Acadie, which sailed for Nassau and Havana, and which steamer, it is said, will proceed from Havana to Vera Cruz.

Lieutenant Braine, one of the piratical leaders, and who was connected with the seizure of the Chesapeake and Roanoke, and who has a commission from the rebel government, was here two or three days ago in disguise, and left under an assumed name in a schooner for Nassau. McDonald, who was connected with Braine in the seizure of the Chesapeake, is said to be in Canada, in the vicinity of Detroit.

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

F. W. SEWARD, Esq.,

Assistant Secretary of State.

M. M. JACKSON, United States Consul.

Mr. Burnley to Mr. Seward.

WASHINGTON, December 21, 1864.

SIR: I have the honor to acknowledge the receipt of your note of the 19th instant, and of its enclosures, relative to certain intercepted correspondence from persons residing in Canada.

I beg to state, in reply, that I have this day forwarded to his excellency the governor general of Canada copies of your communication, and that I will avail myself of the first opportunity to make her Majesty's government acquainted with the information which is contained therein.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, Sr., sx., Sr.

J. HUME BURNLEY.

Mr. Burnley to Mr. Seward.

WASHINGTON, December 21, 1864. SIR: I had the honor of addressing you a note on the 17th instant, under the instruction which I had received from her Majesty's government, requesting the United States government to convey to Lieutenant Pearson the acknowledgment of the lords commissioners of the admiralty for the ready co-operation which that gallant officer afforded to Vice-Admiral Sir A. L. Kuper during the operations in which the combined forces of Great Britain, France, the Netherlands, and the United States had recently been engaged in the straits of Simonosaki, in Japan.

It is now my pleasing duty to state to you that the Queen is desirous of evincing her high appreciation of the zealous co-operation of Lieutenant Pearson, and of the conduct of the United States naval forces, on the occasion in question, by nominating Lieutenant Pearson a companion of the military division of the order of the Bath, and her Majesty trusts that the President of the United States will be pleased to allow that officer to accept the honor which her Majesty is desirous to confer upon him.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Mr. Burnley to Mr. Seward.

WASHINGTON, December 21, 1864.

SIR: I have the honor to acknowledge receipt of your note of the 21st December, relative to the alleged organization formed in Halifax for seizing United States ships on the lakes situated between the United States and Canada, and at different points along the Atlantic and Pacific coasts.

I have this day transmitted copies of that note to their excellencies the governor general of Canada and the lieutenant governor of Nova Scotia.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

J. HUME BURNLEY.

Hon. WILLIAM H. SEWARD, &c., &c, &c.

Mr. Burnley to Mr. Seward.

WASHINGTON, December 22, 1864.

SIR: I have received the instructions of her Majesty's government to communicate to the United States government copies, herewith enclosed, of Sir Rutherford Alcock's despatches on the late events in Japan.

Her Majesty's government having considered these despatches, has signified to Sir R. Alcock, in the despatch of which I beg also to enclose a copy, her Majesty's gracious approval of his conduct.

As regards the future policy to be observed in dealing with the Japanese government, her Majesty's government think it advisable to await the result of the negotiations which, at the date of Sir R. Alcock's despatches, were still in progress between the representatives of the treaty powers and the ministers of the Tycoon, and perhaps the arrival of Sir R. Alcock in England, which may be expected in a few weeks, before taking any definitive decision on the subject; but in the meanwhile her Majesty's representative in Japan will be apprised with reference to Sir R. Alcock's despatch No. 63, of the 28th of September, that her Majesty's government are willing to renounce any money payment on account of the forbearance shown by the allied troops in dealing with the town of Simonsoaki, and on account of the expenses of the expedition against the Prince of Nagato, if greater or equal advantages can be secured by stipulations. to be obtained from the Tycoon or the Mikado.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, J. HUME BURNLEY.

Hon. WILLIAM H. SEWARD, &c., &c., &c.

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