of almost decided, but they have not yet quite | ican waters, that British merchantmen in decided, to put an end to British commerce. those neutral waters might be protected But when my noble Friend came to give from unjustifiable seizure. Well, it does proofs of his assertion, I thought he very not appear that there have been since that much failed in so doing. Where are his time in the waters of Mexico any seizures authorities for these charges? There were, of which any great complaint can be made. I think, three proofs on which he relied. There certainly was a report which the One was in regard to the case of the Labuan. Admiralty sent the other day to the Foreign That ship was taken in the neutral waters of Office from one of the captains of our menMexico, and therefore Lord Lyons asked of-war who had been at Matamoras, and that both the usual and ordinary course of which said that that port was crowded with sending it before a Prize Court should not merchant vessels engaged in carrying on a be pursued, but that it should be set free. commerce which now exists between this But it was stated afterwards to us that the country and various countries of Europe, American Government did not claim a right and the Mexican side of the Rio del Norte. to seize ships in neutral waters, but that The next proof that my noble Friend gives, there were great doubts thrown upon the is the assertion of a United States captain facts; it was asserted that the particular with respect to the ships which he should position in which the Labuan was found take. But I submit that the assertion of was not in Mexican waters, but in the a captain as to what he should do-that waters of the United States, off Texas; any idle boast or loose words of such a perand that therefore the question must son about what he feels authorized or ingo before a prize court. Another proof tends to do-do not bind the United States my noble Friend related to an assertion Government or the United States prize of Mr. Adams. Mr. Adams, speaking in courts to his doctrine; and I must hold this country, and not concerned with the that it would be a most unjustifiable inferparticular details of capture, it appeared, ence if my noble Friend, having nothing to said on one occasion that it was no wonder prove his case but the assertion of some certain merchant ships had been taken, naval captain, should say that the United because they were in the position in which States Government and the United States many ships had heen found intent on break-tribunals, being bound to do justice according the blockade, and on carrying contraband goods to the enemies of the United States. Well, of course Mr. Adams did not mean that that was a sufficient ground of capture; and his own Government, on a representation which had been made to Mr. Seward, have said that they would direct that no merchant ship should be stopped in neutral waters, and also that it should be no sufficient ground for capture that information had been given that a ship was about to break the blockade or was carrying contraband to the enemy, but that there must be a regular search, and there must be, as the result of that search, a legal cause of capture, before the vessel could be taken and sent before a Prize Court. So far from denying the principles of the law of nations, Mr. Secretary Seward fully and completely acknowledged them. The only doubt I had was whether the officers of the United States navy were in every case instructed according to the declarations of the Secretary of State, and to the instructions he had given, by order of the President, to the Secretary of the Navy; and for that reason, having had some doubts on the subject in the case of the Labuan, I "As regards the allusion which has been made desired the Admiralty to instruct Admiral Government can form any opinion as to the judg to the case of the Adela, before Her Majesty's Milue to send a ship or ships of war to Mex-ment stated to have been given in that case, they Earl Russell ing to the law of nations, have entirely thrown aside the law of nations, and are prepared, against law and against justice, to interrupt British ships carrying on a legitimate trade in those waters. THE MARQUESS OF CLANRICARDE: I quoted, not what the captain said he would do, but his official report of what he had done. EARL RUSSELL: Well, that was his report of what he had done and his justification of it. Then my noble Friend went into various cases, into which I certainly do not mean to follow him. But he referred to certain decisions which he said had been made. The case of the Adela has been brought under the notice of the Foreign Office with respect to the judgment stated to have been given-a judgment which, if true, would be a very improper one. But, on consulting the Law Officers of the Crown, and receiving their report as to the legal effect of the matters submitted to them, I desired Mr. Hammond to write a letter to the owners of the Peterhoff, in which there was this passage must have before them a correct report of that | rica-are we at once to conclude, because judgment, it being impossible to rely upon the general representation of its effect contained in a newspaper paragraph, founded on printed letters, especially as none of the other judgments of the United States Prize Courts, which have been reported to Her Majesty's Government during the present war, evince any disregard of the established principles of international law." I desired Mr. Hammond to write that letter, because such was the substance of the report of the Law Officers of the Crown. I have been careful to refer every case of complaint that might come to us, whether through Lord Lyons or from the owners of vessels, to the Law Officers of the Crown; and they, after attentively watching all these decisions, say there has been no rational ground of complaint as to the judgments of the American Prize Courts. My noble Friend, reviewing the proceedings connected with the trial of the case of the Peterhoff, declares on his own authority that the decision, pronouncing a certain person to be an alien enemy of the United States, is a wrong decision, and he wishes the Government of this country to proceed upon his judicial determination that that decision of the United States Court is erroneous. Well, it may have been erroneous, but I confess myself totally unable to judge whether it was right or wrong. But this I say, that a great country like the United States, having tribunals constituted under its own laws for the determination of these questions of prize, those tribunals are not at once to be held to be of no value, and to have decided against the law of nations. On the contrary, our presumption must be, that as their knowledge of international law is very great, so their impartiality and their desire to do justice must be for the present unquestioned. We may be told, and it has been very often repeated, that a Judge, sitting in a national Court, and bound to decide according to the law of nations, decides for all other nations interested in these questions of international law -that he does not decide solely for the benefit of England or of any one other country. Lord Stowell, in the great Swedish case, a navy captain has given a very faulty account of his captures, and because in one or two cases wrong has evidently been done, that the Courts of the United States have sunk into such a state of degradation that they will not do justice to the subjects of another country? My noble Friend says that many of these vessels have been taken on very slight suspicion, and that this shows a foregone conclusion to interrupt British traders proceeding from this country to our Colonies or to Matamoras on lawful voyages. With respect to that matter, I must ask this House to attend a little to circumstances which have evidently escaped my noble Friend. Those circumstances are these:-It has been a most profitable business to send swift vessels to break or run the blockade of the Southern ports, and carry their cargoes into those ports. There is no municipal law in this or any country to punish such an act as an offence. The acting Consul at Charleston, I understand, states, that every cargo which runs the blockade and enters Charleston is worth a million dollars of profit upon the transaction. Now, it being well known that these large profits may be made, it is well known that this trade has attracted a great deal of attention in this country from those who have a keen eye to such gains, and that vessels have been sent to Nassau, which have afterwards been engaged in breaking the blockade at Charleston, Wilmington, and other places, and carry contraband of war into some of the ports of the Southern States. Well, is it wonderful is it a matter of which we can complainthat the cruisers of the United States look with suspicion upon vessels that are bound to Nassau, or are going from Nassau-that they should very frequently stop them to ascertain from their papers whether they are not intending to break the blockade, or carry contraband of war to the Southern ports? Well, there are two positions in which some of these vessels are placed. They are sent out with a view to an attempt to break the blockade, and directions are given in the captain's papers "I am saying in a British Court what I would that he is to attempt to break it, and inhave said if I had been a Judge in a Swedish surances are effected against the risks of Court, and have felt myelf compelled to decide capture or destruction that may attend the according to the law of nations, and the authority attempt. There is one position, in which of great jurists and established precedents." they very often make a most fortunate Are we to suppose, that the Judges of the voyage and lucrative trade; and they exUnited States Courts, who are always ult exceedingly on the immense gains they quoted with respect and often with admi- make. But there is another position in ration by the great text writers on inter- which the owners of such a vessel somenational law, whether in Europe or Ame-times find themselves-namely, that their said vessel is captured, when the owner imme- | fess my own opinion is, that the letter of diately comes to the Foreign Office with all licence given by Mr. Adams was one which the air of injured innocence, declares that ought never to have been given. I may nothing was further from his thoughts than mention that the French Government were the breaking of the blockade, and asks that somewhat surprised at seeing an enterprise the strongest representations may be made against the French in Mexico spoken of to the American Government on his be- rather in terms of praise by the American half, and that reparation may be demanded. Minister in this country; but they were There are some instances in which, I have satisfied the American Government did not no doubt, the American cruisers have acted know anything of the matter, and thereupon slight suspicion, and had no claim to fore did not think it necessary to take seize the vessel; but that they should those measures which, in other circumlook with jealousy upon such cases as I stances, they might have adopted. With have mentioned is by no means wonderful. respect, then, to the complaint of the noble We must be somewhat slow and cautious Marquess, although in some cases we have in believing all the reports which are made reason to think the American cruisers to the Foreign Office by the owners of were wrong, yet, on the whole, the inships. Above all, I certainly am not pre- dictment of my noble Friend is not pared to declare, nor is there any ground borne out, and there is certainly nothing for declaring, that the Courts of the United to justify his charges against the AmeStates do not faithfully administer the law, rican Government, as represented by the that they will not allow evidence making President and the Secretary of State, or against the captors, or that they are likely against the American Courts of Prize. We to give decisions founded, not upon law, must wait and see what is the whole but upon their own passions and national proceeding in the case of the Peterhoff partialities. Another case, into which I and other vessels before we can judge need not enter, is that of certain cargoes fairly whether those Courts have acted going from New York, and alleged to be rightly or wrongly. Meanwhile, I do not contraband of war. The American Go- think it would be right, in compliance vernment say they will not allow American with the request of the noble Marquess, ships to leave New York with certain to lay before Parliament such loose reports goods, bound for certain ports; and that as we have from newspapers of the probecause they will not allow their own ves- ceedings of the American Prize Courts. sels, therefore they will prevent British If we are to give anything to Parliament ships. We have argued, on the other at all-and, for my own part, I confess hand, that the municipal law is not suffi- I think it extremely doubtful whether we cient in the case of British vessels; and I should publish the proceedings of foreign think our argument is conclusive. My courts-we should at all events take care noble Friend having introduced this sub- that the reports are full and authentic. ject very generally, I may state, in justice When we get authentic reports, there to Mr. Adams, that he thinks that what may, perhaps, be no objection to their he did lately with respect to vessels going production, should your Lordships desire to the Mexican coast has not been accu- to see them; but, in the mean time, we rately represented by me in the statement have no papers to lay on the table. A I addressed to your Lordships some time few words more, and I have done. Let ago. He says it would appear from my it be remembered that there is immense statement as if he had proposed to inter- excitement in America about the proceedfere with British vessels, giving an advan- ings of the Alabama and Oreto, and tage to one British ship over another, sup- another vessel, which the Americans say plying a sort of certificate of character to have been fitted out and armed with the some merchants as against others. Now, connivance of the British Government, Mr. Adams assures me he never intended and which are preying upon American to give any such advantage to one British commerce. I do not think that charge vessel over another, but he thinks he had can be justified. The Foreign Enlista perfect right to give certificates to Ame- ment Act is liable to be evaded by a rican citizens with a view to a trade with ship being built here as a merchant ship Mexico. I do not know, of course, whether and then taken elsewhere to be armed; any person supposed from my statement but still there is a strong opinion in Amethat British vessels were to be interfered rica that the British Government intends with by Mr. Adams. Upon that point his to prey upon American commerce, and own letter was not quite clear; but I con- take part in the war; while here, on the other hand, there is just as strong, and, | the ship's papers such a statement, which I believe, quite as justifiable an opi- must result in her detention and inevitable nion that the American cruisers are condemnation, I think it is so glaring a case preying upon British commerce. I cannot in itself that my noble Friend must have help thinking that the two nations are been misinformed. I admit that a strong somewhat in the case of the two respect feeling has been excited in America in conable persons who last winter, when great sequence of the extent to which contraband alarm prevailed about garotting, met and trade is carried on, and I have no doubt attacked each other in the belief that that a large amount of the trade to Mataeach was a garotter. Your Lordships moras is intended to be made the subject will recollect reading in the newspapers of illegal traffic between that port and the how one of them, calling upon a friend Confederate States. It may be suspected later in the same evening, complained of that a large portion of a cargo proceedhaving been attacked by garotters, and ing to Nassau and Matamoras is intended how his friend condoled with him, saying for the Confederate States. But does the that his own son was in bed upstairs suf- noble Earl say that on account of that fering from a similar assault. Then, you suspicion an American cruiser would be will remember, it turned out that the two justified in doing more than ascertaining had mutually taken each other for garot- what was the immediate destination of the ters, and had punished each other rather vessel? If a vessel were proceeding bond severely. So it is, I think, with America fide from this country to Nassau, whatever and this country. They are a little ex-might be the nature of her cargo no Amecited in the same way; but I am convinced the American Government do not really intend to disturb our commerce; while I am certain that neither the British Government nor the British nation have any wish to interfere in the contest now going on in America. I hope that, as in the case of the sham garotters, they will eventually be reconciled to each other; and that, seeing they are old and respectable friends, the little passing excitement under which they now labour will speedily end in the restoration of their ancient amity. rican cruiser has a right to interfere with her; and, no matter what may be the ultimate intentions of her owners, even though it were meant that she should herself subsequently proceed from Nassau to the Confederate States, and endeavour to break the blockade, that would afford no justification for her seizure by an American cruiser previously to her entering the harbour of Nassau. I hope the noble Earl has not conceded to the American Government anything like an acknowledgment that under these circumstances they are justified in interfering with a vessel sailing from one neutral port to another, whatever grounds of doubt there may be as to her future course. I am sure that it will be a satisfaction to your Lordships, and to the country, if the noble Earl is able to clear away any misconception on the subject. In re THE EARL OF DERBY: My Lords, I think the noble Earl has satisfactorily an swered the remarks of the noble Marquess. I quite concur in his opinion that we ought not rashly to assume that the Courts of the United States will give decisions contrary to law and justice, and I also quite agree with him as to the temper in which both parties ought to look upon this question, and that we should make every allowance for the provocation which the Americans must feel from the large extent to which a contraband trade has been carried on with Confederate ports. I do not wish to enter into a discussion of the general question, but there are two points upon which I should be glad to have a word of explanation. In the first place, did I understand the noble Earl to say that there are captains who had instructions from their owners to break the blockade, and that the very papers showed those instruc- LORD CRANWORTH said, that the tions on the face of them. I can hardly question to which the noble Earl had just imagine that such is the case. Apart from referred had been raised in a celebrated the utter folly and absurdity of placing on case which was decided by Lord Stowell. EARL RUSSELL: It is quite true that in one case at least an American captain found among the papers-not the regular, but the private papers-of a captured ship an order to break the blockade. gard to the other and more serious matter referred to, the noble Earl certainly misunderstood me when he supposed I meant to say that a vessel going to Nassau, intending afterwards to make another voyage, might be captured on her way thither. What I alluded to was a case of simulated destination—that is, a vessel pretending that she is going to Nassau when she is in reality bound for another port. In the course of our war with the first | notice of the House the condition of the French Empire a ship proceeded from operatives of Lancashire, the right hon. Lisbon, which was a neutral port, with a Gentleman the President of the Poor Law cargo apparently destined for China. She, Board stated that an Engineer had alhowever, carried a number of French ready been sent down to the distressed officers, and she was seized in the Eastern districts, and he had no doubt the Reseas on the ground that she was proceeding port of that gentleman would be made in with them-they being, of course, contra- about three weeks' time. He now wished band of war-not to China, but to some to ask the right Gentleman, If he has reFrench or Dutch island. Lord Stowell, in ceived the Report from the Engineer sent deciding upon the case, stated that if she down into the Cotton Districts, and if he were going to China, he had nothing to do will lay it upon the table? with her; but inasmuch as he had come to the conclusion that the alleged destination was but a pretence, and that she was really on her way to a French or Dutch port, he declared the seizure to be justifiable and legal. There could be no doubt that that was the law of the case, and that a neutral vessel carrying contraband of war could not be legally stopped on her way to a neutral port, whatever might be her subsequent destination. THE MARQUESS OF CLANRICARDE said, if any inconvenience would be occasioned by the production of the papers he had asked for, he would withdraw his Motion. Motion (by leave of the House) withdrawn. House adjourned at a quarter past MR. C. P. VILLIERS: In answer to the hon. Gentleman's Question, I have, Sir, first to observe that he misunderstood the statement made by me on the occasion I do not know that to which he refers. I gave any ground for the misapprehension. I could not have said that I had already sent down an Engineer, for the proposal to take such a step was one which I made in lieu of the proposition made by the hon. Gentleman himself, and of the proposition of another hon. Member, as I thought it more suitable; but I said I did not think that more than three weeks would be required for a competent person to complete the inquiries. I have now to answer that the Civil Engineer who was directed to make these inquiries has this day forwarded to me a Report. He has not concluded his inquiries, but by means of great industry and energy the Report is very nearly complete. Such as it is, it will be laid on the table to-morrow. HOUSE OF COMMONS, Monday, May 18, 1863. MINUTES.]-SUPPLY-considered in Commit- PUBLIC BILLS-Second Reading-Vice Admiralty Report-New Zealand Boundaries (Lords) [Bill THE COTTON DISTRICTS.-QUESTION. MR. FERRAND said, that on that day three weeks, when he brought under the THE AUDITOR OF THE PRIZE MR. LIDDELL said, he wished to ask the Secretary to the Admiralty, Whether it is true that the late Accountant General has been in the receipt of £300 per annum from the funds of Greenwich Hospital; and, if so, what duties on account of the Hospital he performed; whether his successor continues to receive the same salary and to perform the same duties; and, if not, what arrangements are made for the proper auditing of the Prize Accounts, and under what authority the remuneration for the performance of such duties is charged upon the Revenues of Greenwich Hospital? LORD CLARENCE PAGET: In answer to my hon. Friend, Sir, I have to say, that Sir Richard Bromley late Accountant General of the Navy, enjoyed a sum of £300 per annum on account of duties, which I believe were onerous, performed by him in connection with auditing the |