They were needy, and it seems to me that they could well have complained of severity and harshness, if, being disposed, they had been refused permission to enter into the service of the United States."

Is that no violation of neutrality? But we can make allowance for those things; and although fairly entitled to remind the Government of the United States that they did not respect our neutrality in all cases, yet we do not pretend to say that the amicable relations of the two countries need to be disturbed on that account. My hon. Friend asked what explanation could we give of this-that though orders were sent to stop the ship at Queenstown and at Nassau, when she went to Port Royal, in Jamaica, she was not stopped. I do not know the exact time when she was at Port Royal-I believe it was in January last. But I can appeal to a high authority of the United States themselves for this rule, that although it may be true you may attach and confiscate a ship in a different port, yet it must be in the same course or voyage; and the offence is at an end, and is for all purposes of action blotted out, when she has ended that voyage and changed her ownership. I do not know who there was at Port Royal to give instructions or to deal with the case; but this I do know, that coming there in December or January last, at a time when she was the property of the Confederate States, it would have raised a very difficult question if she had been touched. I have no reason at all to believe, that if an op

lects the insurrection in Canada, and what | pers, in which Mr. Seward maintains that was then done by citizens of the United the act of a certain officer of the AmeriStates. What was the efficiency of the can Government, who had held out insteps then taken by the United States Go- ducements to the seamen of a British vernment? I do not say they were unwill- steamer to enter the belligerent service of ing-I am not entitled to assume that-but the United States, could not be very if they were willing, they were not able strongly complained of. Mr. Seward to prevent even such acts as the attempted says invasion of Canada by the ship Caroline. I do not remember to have heard that the persons on board of her received any punishment from the United States Government; and yet, undoubtedly, acts in violation of international law were then committed, and the Government were not able to prevent them. I need not refer to other cases to the expedition of a person named Walker to Honduras-and similar instances. I do not cast blame upon the United States for these acts, but I only draw from them this inference, that in times of excitement, in times when the spirit of adventure and political or commercial enterprise is abroad, violations of law will occur, which, with all the good intentions in the world, a Government may not be able to prevent. What is alleged against us; what is the extent of the acts committed, even by individual subjects of this country, which can be considered contrary to any law of our own? Why, the building of these two particular ships. If our law failed to reach them, while they were within our jurisdiction, and if nothing was done by them in our ports or in our waters which was against international law, how can we be held responsible for their subsequent proceedings, when on the high seas? It was not till the Alabama reached the Azores that she received her stores, her captain, or her papers, and that she hoisted the Confederate flag. It is not true that she departed from the shores of this country as a ship armed for war. But, whatever may have been the guilt of par-portunity had been offered, proper means ticular persons, this, at all events, I will say, that we have reason to congratulate onrselves, as far as Government is concerned, that our neutrality has been strict, impartial, and honest from beginning to end; and, as far as our people are concerned, it is a matter of some congratulation that hitherto no instances of this kind but those two are proved to have occurred. On the other hand, I believe there have been a great many enlistments of British subjects into the service of the Federation. The House will recollect a remarkable letter at the end of these pa

would not have been taken to consider and deal with the question; but it probably was thought impossible to deal with the vessel under the new circumstances, seeing that she had ceased to belong to British subjects, and had become the property of the Confederate States. I hope, then, the House will be satisfied that Her Majesty's Government are free from blame; and if what has been said to-night would only tend to remove the false impressions that may prevail on this question in the United States, so far from regretting | the introduction of the subject by my hon.

Friend, I should look upon it as a matter for our congratulation.

most unfortunate case, because it led pub.
lic opinion on the other side of the At
lantic to question very much the sincerity
of our declarations of neutrality, and to
believe, that while we issued Proclama-
tions and had Foreign Enlistment Acts in
force, we did not really wish to maintain
the neutrality which we professed.
was most unfortunate that such a feeling
should exist. There had been a vast
destruction of property, and great injury
had been entailed upon British commerce

It

MR. T. BARING said, he had listened with great regret and with great surprise to the hon. and learned Gentleman, because he believed the tone of his speech was not likely to allay the feelings of irritation which existed on the other side of the Atlantic on this subject. He was quite sure the hon. and learned Gentleman did not wish to increase that irritation, and that the Government were anxious to conciliate rather than to pro- for the high insurance which was rendervoke. But when the hon. and learned ed necessary was a great loss and heavy Gentleman founded his speech, not upon damage to British trade. And no one could the application of legal principles to the tell where the feeling of animosity which had particular circumstances which the hon. been engendered would rest. The House was Member for Bradford (Mr. W. E. Forster) aware that the President was already emhad brought before the House, but upon powered to issue letters of marque; anda series of charges against the American if those letters were issued, was there any Government, charges about the Caroline one who could say that the most freand about Honduras, circumstances which quent collisions might not occur, and enreally did not enter into the case, and danger the peace of the two nations? We referred to the diplomatic correspondence saw already the seizures of British vessels with that Government in support of them, by the blockading squadron without just he thought the effect could not be con- cause, a proceeding originating, perhaps, ciliatory, but rather damaging to our in the feeling that we were not sincere in position in that country. The hon. and our professions. His hon. and learned learned Gentleman hoped that America Friend had referred to what he reprewould be brought to reason by his speech. sented to be parallel cases; but the fact of He (Mr. T. Baring) was afraid that the the Crown Jawyers having advised the United States would read the speech as Government to put the Enlistment Act in an indictment against them for miscon- force against the Alabama, was an admisduct in times past. If ever there was a sion that the Government ought to have armoment, if ever there was a question, rested that vessel; and the hon. and learnupon which every angry feeling ought to ed Gentleman admits that it would have be eschewed, when that House and the been arrested if proper precautions had been Government ought to show the wisdom of taken. The question was, did the Governforbearance, it was now, when the feeling ment take proper precautions? In his against this country had risen to such a (Mr. Baring's) opinion, the conduct of the height on the other side the Atlantic that Government and the Law Officers had been nobody could predict what the conse- dilatory. He believed that on the 23rd quences might be. He would ask the Go- of June this matter was brought under vernment to consider whether the course the notice of the Government. The matter they had pursued with respect to the was then referred to the Customs authoAlabama was calculated to give confi-rities at Liverpool, whose duty it was, it dence to the United States as to the appeared, to carry the Act into effect. friendly nature of our disposition. The Nearly a fortnight elapsed beforet he rehon. and learned Gentleman had referred to many cases and decisions, and among them to one of Mr. Justice Story. He (Mr. T. Baring) was no lawyer, but he confessed he did not think the decision of Judge Story applied to this case. He said, Here is a vessel that was sent to Buenos Ayres, and directed to be sold there;" but had the Alabama ever gone into a Confederate port, or ever been placed in the position to which the decision of Judge Story applied? This was a

port of the Customs authorities was received. He thought that upon the whole facts it was impossible to acquit the Government of undue delay in obtaining information, and as impossible to acquit those who represented the Government at Liverpool of having shut their eyes to facts that were notorious. It was discreditable that there should be a law on the statute book as to the operation of which an eminent counsel could declare that it was nothing better than waste paper. He

repeated, it was unfortunate that the Government had been so tardy in their operations, and that with the fullest desire, as he believed, to maintain the law, they should yet be so badly represented by those whose duty it was to carry their orders into effect that the Customs authorities at Liverpool were not aware of what was going on. He confessed that it was by no means his wish to accuse the Government, or to provoke a feeling of opposition to them, on this question. His wish rather was that Her Majesty's Government should say something that would show the United States that they were anxious to guard against a recurrence of these events, and to prevent the construction, in this country, of vessels meant for destruction and not for fair fighting. The course pursued by the Alabama was not one of fair fighting against an enemy, but was a wanton destruction of valuable property that must rebound to the injury of British commerce. Events such as had recently occurred might possibly involve the two countries in hos tilities, which all must deplore and which Government ought to exert themselves, if possible, to avoid.

rights of the Southern Confederacy, still it pretends to have done that without any feeling of hostility towards the North; and as we receive an American Minister here, and as we have a Minister in Washington, and as, moreover, the United States Government in that city is the only Government we acknowledge, and as this is not a case of war between two independent States, Mr. Seward, perhaps, might have some foundation for the hope that in a case like this he might have calculated upon more forbearance and friendship from Her Majesty's Government than his country has hitherto received. But I do not wish to follow the hon. and learned Gentleman through the points of his speech, though I am quite sure that the effect of it to any one who reads it carefully will be to bring to his mind the sort of speech which the hon. and learned Gentleman would have made if he had been in another court and held a brief. I propose to read to the House two letters which have been forwarded to me-not because they will make any difference in the views of the Government or the course which the Government will take; MR. BRIGHT: Sir, I have been very but I should wish at any rate that the peosorry to hear the speech of the hon. and ple of this country-who, I am persuaded, learned Gentleman the Solicitor General. have no wish that any calamitous contenI agree with the hon. Member for Hunt- tion between England and the United ingdon (Mr. T. Baring), that however un- States should arise that they at least fortunate the position of affairs is, this should know what is the effect produced by question will be rendered only more so by the conduct of some of their countrymen, the speech which has just been delivered and what are the results that may possibly by one of the chief Law Officers of the follow. I have a letter here, signed, Crown. The hon. and learned Gentleman "William Thomas Nicholson," a native of began by pointing out the inconsistencies Scotland, but for eleven years resident in of Mr. Seward with regard to what neutral the United States, and now engaged in the nations may do in cases of this kind. United States Coast Survey. It is dated These inconsistencies are clear to all" Washington, United States of America, of us; because there can be no doubt March 5, 1863." He says— whatever that the complaint which has been made by Mr. Seward and by Mr. Adams with regard to the furnishing of munitions of war is one which, under ordinary circumstances at least, cannot with justice be made, because we know that Governments have, as a rule, agreed not to interfere with the supply of munitions of war to those engaged in war. But Mr. Seward made a much greater mistake than that of inconsistency. He was evi dently of opinion, when this matter began, that he might calculate, to some extent at least, on the friendly feeling of this country towards the country of which he is Minister; because, although this Government has allowed the belligerent

States Coast Survey, in which service I have the "To-day appeared at the office of the United honour to be engaged, Captain F. A. Small, late of the American brig Corris Ann, of Machias, State of Maine, who made application (endorsed by members of Congress) for a set of charts to supply his wants occurring in this way.

"On the 22nd of January last he was in command of his vessel, on a private trading voyage from Philadelphia to the port of Cardenas, north coast of Cuba :-Toward dusk of that day, when Rock Key, on which the lighthouse stands, and Mona Key, within a mile of the land, he was met by a steam vessel having the British union-jack flying at the mizen, which vessel, with that flag so flying, fired a shot across his bows, thereafter hauled down the British flag and ran up a flag of the so-called Confederate States,' and then fired another shot passing between his masts, and

off the mouth of the harbour, and between the

caused him to heave to. His vessel was boarded | our port, and gives the docks where they lie. By
by an officer, his papers called for, and he was looking over those, in the Toxteth dock, you
told his vessel was taken by the Confederate will see a steamer entered, Alexandra, gunboat,
steamer Florida. His charts and chronometer 120.' This vessel was launched from the yard
were plundered from him, and he was given only of W. C. Miller & Son, on Saturday, the 7th
a few minutes to get aboard, with his crew, his March. This is the same firm that built the
small boat-to make, as best they could, the shore, Oreto, now called the Florida, the same that
when the vessel was set on fire by the captors, recently burned the Jacob Bell. The gunboat
and drifted a burning wreck on shore. This oc-
Alexandra has been built by this firm for the
curred in full sight of the vessels at the outer Confederate Government, to cruise and make
anchorage and of the town of Cardenas, and not war against the United States-Fawcett, Pres-
a protest or attempt at succour was made by the cott, & Co. make the engines and arma-
Spanish authorities.
ment. They are now getting her ready for
sea. There is no doubt about the character of
this vessel, or the parties for whom she is in-
tended.

"I leave the question of international law, of this so-reported flagrant breach of the sanctity of a neutral's territory (or waters), to the United States Secretary of State to deal with the authorities of Spain; but I appeal with the indignation of a native-born Briton against this renewed instance (not the first if I am rightly informed) of the desecration of the flag of Old England-of that meteor flag' so long the pride and the boast of her people.

"The Confederate steamer Florida is understood to be the same vessel that cleared from a port of Great Britain under the name of the Oreto, and is said to have been built, purchased, and fitted out therein for the service of the rebel leaders of the South, and is commanded by Captain Moffit, formerly of the United States navy.

"The captain of the destroyed vessel tells me, that had he not been deceived by the show of the British flag, and had he known what vessel was approaching him, he would have attempted to run her down, as he was going some ten knots an hour.

"Please note this also:-This same Captain Small (when master of the schooner Sahwa), in the year 1858, for his gallantry in rescuing the crew of a British vessel (the Halifax) in a sinking condition, was presented by the British Government, through the hands of Lord Napier, with a silver-mounted telescope-and now, confiding in the sign of that same flag, his own vessel is de

Well, he goes on to tell us what is the effect on that country of acts of that nature. The other letter is one I have received on the point to which the hon. and learned Gentleman has referred-namely, as to what is now being done. It appears that two ships have gone out; that the Government did not know anything about the one, and that the other was too sharp for them. This letter is from a gentleman in Liverpool who publishes a shipping list, which he sends me. He says

"

This same firm launched, on Saturday last, another steamer, called the Phantom, owned by Fraser, Trenholme, & Co. She has three portholes in each side. They pretend she is to run the blockade, but I understand they will put arms on board after she gets out to Nassau. She will be fast, and make not less than seventeen miles per hour.

"The two rams, iron clad, building by Lairds, at Birkenhead, for the Confederates, are most formidable. They will each have two turrets or towers, similar to the American Monitors. They are not yet launched, but will be finished about

June next.

66

George and James Thomson, at Glasgow, are building a monster ram, iron-clad, for the Confederate Government. She is over 3,000 tons burden. This vessel is not yet launched.

"A steamer, owned by Fraser, Trenholme, &
Co., called The Southerner, has been launched
from the yard of Pierce & Co., at Stockton. I
have not much doubt but that this vessel is also
intended as a privateer, though she will most
probably carry out from here a cargo of merchan-
dise, and fit out at Nassau."

I heard, only three weeks ago, when I was
in the north of England, at Newcastle,
from a gentleman who a few years ago was
a Member of this House, that this vessel
is building, and will soon be ready. He
mentioned to me the name of one of the
Confederate agents, whose name appears
in the intercepted despatches, and who
was concerned in the Alabama, as being
down at Stockton superintending this
matter, or engaged in making arrange-
ments on behalf of the Confederate States.
That is the state of things, as far as this
gentleman knows; and I believe that the
building of those ships is just as nefarious
as the building of the Alabama was. There
is only one other point to which I shall ask
the attention of the House for a moment.
The hou. and learned Gentleman thought
he had a triumph over my hon. Friend the
Member for Bradford (Mr. W. E. Forster)
when he spoke of the United States Govern-
ment and their Foreign Enlistment Act.
Well, generally speaking, I should say it is
not necessary for our Government to alter
the Foreign Enlistment Act of this country;

they came by the game honestly. Surely, then, I do not see why, in a case involving such a vast issue as war, the Government would not be justified in going at least as far as that. The other section of the United States Act provides that the party whose ship is seized shall have a fair hear

but it is a very common thing for all Governments-and it has been as common for this as any other-to make laws and to alter laws to meet special cases. I recollect the Government of which the noble Lord (Viscount Palmerston) was a Member, the present Foreign Secretary being Prime Minister, bringing in a Billing, and that his property shall, under cerfor the purpose of making a felony what was called "advised speaking," which had been theretofore sedition; and the House of Commons very judiciously, in my opinion, limited that alteration of the law to a period of two years, thinking that although there might be some propriety in the change at a time of great excitement like that, yet it was not necessary to alter the law of England for all time. Now, in this case the United States Government passed the Foreign Enlistment Act in 1818. I think our Act was passed in 1819. It was founded upon their Act, and is, in point of fact, almost the same. But in 1837 the United States Government found that that Act did not give them power to interfere so summarily as they thought was desirable to prevent difficulty between the United States and England in reference to affairs in Canada, and therefore they passed another Act, a few words of which, if the House permit me, I will read. The statute, in section 2, says, that the several officers mentioned in the foregoing section shall be authorized and required to seize any vessel or vehicle [that was, any vessel upon the lakes or vehicle endeavouring to cross the frontiers of Caua da with arms] and all arms or munitions of war about to pass the frontier of the United States to any place within any foreign State or colony conterminous with the United States, where the character of the vessel or vehicle, the quantity of arms and ammunition, or other circumstances, shall furnish probable cause to believe that the said vessel or vehicle is intended to operate against a friendly Power-(I am not quoting the words of the Act, but such is its effect)-and bring the country into difficulty. I will not read more of the Act. I have referred to it to show that the alteration was intended to give the Government greater power to interfere and put the onus probandi rather upon the delinquents, which is a very common thing in this country. I am not sure whether hon. Gentlemen opposite, when they came last year to deal with the matter of the possession of pheasants, did not require the delinquents to give proof that VOL. CLXX. [THIRD SERIES.]

tain circumstances, be returned to him. The hon. and learned Gentleman said that the Foreign Enlistment Act had nothing to do with the law of nations, and that if we chose to repeal that Act, anybody might build ships of war and sell them to any Power in the world. Well, I do not know whether that is so with regard to England, but it is not so with regard to the United States; for the Act of the United States says expressly that it is intended to carry out that which is understood to be, and which they acknowledge to be, the law of nations, for the purpose of preserving peace amongst the nations. I shall not go into any further details with regard to this matter. I am satisfied that the speech of the hon. and learned Gentleman will give no greater satisfaction to very many persons in this country than it will give to very many in the United States. I am satisfied, further, that if anybody in this country was building a ship of war, and there was a fair suspicion that it was intended to help a revolutionary party in the little kingdom of Portugal-which is always a pet kingdom of this Government-I have not the slightest doubt but the Government would interfere and stop the sailing of that ship. I say. Sir, that our neutrality is a cold and an unfriendly neutrality; and I say, that considering the natural alliance between this country and the United States, and the enormous interests which you jeopardize, it does become the Government fairly to look this question in the face, and to exert the influence they have-and which, I believe, the people of this country universally would support them in exerting-to prevent the sailing of these vessels, which can by no means whatever have any effect so far as we are concerned, but to embroil us with that nation with which, of all others in the world, we have the greatest interest in remaining at peace. Do not for a moment believe that because the United States are in this great calamity-out of which they still will come a great nation— do not believe for a moment that acts like these can be forgotten now, or forgotten hereafter. There are people in America

D