APPENDIX.

LRTTER from EARL RUSSELL to the LORDS OF THE TREASURY.

My LORDS,

Foreign Office, January 31, 1862.

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 harbours, 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 shall then be ships of war or privateers belonging to both the said belligerents within

Letter to Lords of the Trea

sury.

Earl Russell's 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 privateer of either belligerent shall hereafter be permitted to sail out 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 her 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

of the Trea

belligerent parties in the same port, roadstead, or waters within Earl Russell's the territorial jurisdiction of Her Majesty, there shall be an Letter to Lords interval of not less than twenty-four hours between the departure sury. thher from of any such vessel (whether a ship of war, a privateer, or a merchant ship) of the one belligerent, and the subsequent 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 requisite for the subsistence of her crew; and except so much coal only as may be 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.

To the Lords Commissioners of

Her Majesty's Treasury,

&c.

&c. &c.

I have, &c.
(Signed) RUSSELL.

The "ORETO."

The Case of the "ORETO," vide Report, page 273.

IN THE VICE-ADMIRALTY COURT OF THE

BAHAMAS.

OUR SOVEREIGN LADY THE QUEEN

versus

The BRITISH STEAMSHIP "ORETO," her Tackle, &c., Seized by Commander Henry Dennis Hickley, Esq., commanding H.M.S. “Greyhound," for an alleged Breach of Foreign Enlistment Act.

DECREE

Of his Honour the Judge, pronounced in the above Case on the 2nd day of August, A.D. 1862.

The Advocate General, the Hon. G. C. Anderson, on behalf of the
Crown.

Bruce L. Burnside, Esquire, on behalf of the Claimant.

The British steamship "Oreto" has been seized by the commander of H.M.S. "Greyhound" on the alleged ground, as appears by the libel, that James Alexander Duguid, now or lately master of the said ship, and others exercising authority over her, have, without leave of Her Majesty the Queen, and within the jurisdiction of the Bahamas, attempted to equip, furnish, and fit out the said steamship "Oreto," with intent that she should be employed in the service of certain persons exercising or assuming to exercise the powers of government in certain States claiming to be designated and known as the Confederate States of America, to cruize and commit hostilities against the citizens of the United States of America, Her Majesty the Queen, being at the time at peace with the said United States, and have thereby acted in violation of the Act 59 Geo. 3. c. 69. commonly known as the Foreign Enlistment Act.

Now, to support the libel it is necessary that proof should be given,

1st, that the aforesaid parties having charge of the "Oreto" while the vessel was within the jurisdiction of the Vice-Admiralty Court of the Bahamas, attempted to equip, furnish, and fit her out as a vessel of war;

2dly, that such attempt was made with the intent that she should be employed in the service of the Confederated States of America; and,

3dly, that such service was to cruize and commit hostilities against the citizens of the United States of America. Witnesses have accordingly been produced to prove that the "Oreto" is constructed for and fitted as a war vessel; that acts have been done in her, since she came to Nassau, which constitute an attempt to equip, fit, and arm her as a vessel of war. That from certain

conversations which were overheard between the master of the vessel and a person who came out passenger in her, and from certain acts done by this person, there is proof that she was intended for the service of the Confederate States of America, and to cruize against the citizens of the United States.

It has been contended by the Proctor for the respondents that proof ought also to have been given that Her Majesty the Queen was at peace with the United States of America, as the Court cannot take judicial notice of that fact. That it ought to have been proved that there is such a place as the Confederated States of America, and that proof should have been given that no leave had been obtained to fit the "Oreto as a vessel of war. Without entering further into the subject, I will dismiss these points by stating my opinion, that the Court is bound to take judicial notice of Her Majesty's proclamations, and that in the proclamation of the 13th of May 1862, the Confederated States of America are named, and it is also alleged that Her Majesty is at peace with the United States of America, and that as the allegation in the libel, that there was no licence from Her Majesty to fit the "Oreto" as a vessel of war, has not been traversed, the Court has a right to assume that it is admitted.

A responsive plea has been put in by the defendants.

1st. Denying that there was any agent of the owners or persons interested in the Oreto of the name of John Lowe, on board of her, as affirmed in the libel, that the said Lowe was merely a passenger, and never exercised any power or control over the vessel.

2dly. Denying that James Alexander Duguid, the captain, or any person exercising authority over the said steamship, attempted to equip, furnish, or fit out the said ship with intent that she should be employed in the service of the Confederated States of America, to cruize and commit hostilities against the citizens of the United States.

3dly. That while the "Oreto" lay in the river Mersey, immediately previous to her sailing for this port, British men-of-war frequently passed and repassed her, and that she was at all times in a conspicuous and public position without having been seized or arrested, or subjected to detention, and that she quitted Liverpool in the open day without any manner of haste or secrecy; that the master, while she was so lying in the Mersey waiting instructions from the owner, directed the mate to employ the crew during their leisure hours in doing ordinary ship's work, fitting gear, stropping blocks, &c., during which time, as well as after she sailed, certain spare blocks which were then on board, and which were intended solely for the use of the ship as part and parcel of her rigging, and not in any way whatever as blocks for gun tackles, or as part of the furniture of guns, were stropped by the said crew, and the said blocks were never known or called as gun-tackle blocks, until a certain Edward Jones, a man of infamous and abandoned character, who had been shipped on board in the capacity of boatswain, called them gun-tackle blocks. That neither the said Alexander Duguid, nor any person what

8341.

The "ORETO."