GENERAL APPENDIX No. I-Continued.

No.

From whom and
to whom.

Date.

4 Mr. Pike to Mr. Seward.

13

1861.

Subject.

ment. No adjudication of prizes, or sale
of captured goods, will be allowed in
Hawaiian ports; nor will privateers, or
their prizes, be permitted to enter said
ports, except in distress.

THE NETHERLANDS.

June 16 Inclosing copies of proclamations about to
be issued by government, which prohibit
privateers, or their prizes, from entering
Dutch ports, except in distress; adhere to
declaration of Paris of 1856, in refusing to
recognize commissions or letters of marque;
forbid subjects to engage in privateering
on pain of prosecution at home and being
treated as pirates abroad, or to carry con-
traband of war or dispatches of either
belligerent on pain of losing the protection
of his Majesty's government.

PORTUGAL.

Mr. Harvey to Aug. 25 Inclosing copy of a note from the Foreign
Mr. Seward.

Office, covering King's proclamation in re-
gard to privateers. The government ad-
heres to the Paris declaration of 1856;
forbids all persons engaging in privateer-
ing in Portuguese jurisdiction, and pro-
hibits entrance of privateers or prizes into
Portuguese ports, except in cases of neces-
sity.

Page.

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7

178

PRUSSIA.

Mr. Wright to June 25 Inclosing copy of "National Zeitung," con-
Mr. Seward.
taining Baron Schlienitz's dispatch to
Baron Gerolt; also of an order from minis-
ter of commerce, directing the mercantile
classes to abstain from enterprises forbid-
den by international law, and by ordinance
of 12th June, 1856, and denying protection
of the government to Prussian shipping or
subjects engaged in privateering, carrying
contraband of war, or forwarding dis-
patches. Mr. Wright declares sympathy
of German States to be with United States.

RUSSIA.

Mr. Appleton to June 3 Inclosing copies of two orders of Russian

Mr. Seward.

government, directing that the flags of
confederate men-of-war must not be sa-
luted, but that confederate merchant
vessels shall be treated according to rules
contained in treaty with America of
December, 1832, even if their papers are
not regular; and that, should crews of
such vessels not acknowledge authority of
United States consuls, they must abide by
decision of local Russian authorities.

7

Mr. Perry to Mr.
Seward.

1861. June 19

Inclosing copy of royal decree, which pro-
claims neutrality; forbids all arming,
equipping, or providing of privateers,
under any flag, in Spanish ports; or ac-
ceptance of letters of marque by Spanish
subjects; or entry into Spanish ports of
privateers or prizes, except in distress;
or the sale of captured goods in said ports;
or blockade-running, carrying contraband
of war and dispatches for either party; or
enlistment of Spanish subjects in belli-
gerent service, on pain of prosecution at
home, and loss of protection of government.

56 Mr. Savage to Sept. 6 Inclosing copies of correspondence with Con-
Mr. Seward.

sul Martin, at Matanzas, in reference to the
entry into that port of vessels bearing the
confederate flag; also copy of decree of
Captain General of Cuba, permitting entry
of such vessels to discharge and take on
cargoes in the ports of Cuba, provided
their papers excite no suspicion of piracy
or other crime against the law of nations,
and regarding such vessels as coming from
a country which has no accredited consul
in Cuban territory. Mr. Savage has made
no communication to the authorities on
the subject.

GENERAL APPENDIX No. II.

Hasty recognition of rebel belligerency. By George Bemis.

Mr. Vernon Har-
court.

Mr. George Bemis

Preface...

The new position of the British ministry-
that the American proclamation of block-
ade of the confederate ports necessitated
i the Queen's proclamation of neutrality—
an afterthought.

The American proclamation of blockade not
the occasion of the recognition of confed-
erate belligerency, because, supposing the
former to have been officially commu-
nicated, it was not known to have been
enforced at the date of the latter; and,
furthermore, if enforced, was not such an
act as ought to have been internationally
treated as an act of war.

Correction of various misstatements of His-
toricus in his article of March 22, and
incidental notice of Earl Russell's dis-
patch to Lord Lyons of March 6, 1861.
The recognition of confederate belligerency
not a bygone, but a continuing reality.
Appendix-the neutrality of England-com-
munication of Historicus to the London
Times of March 22, 1865.

British neutrality-hasty recognition of rebel
belligerency and our right to complain of it.

Mr. Crampton to
Mr. Marcy.

1855. Oct. 11

Mr. Hunter to Oct.
Mr. Cushing.

Inclosing depositions of Mr. Barclay, British
consul at New York, and others, in refer-
ence to the bark Maury, alleged to be
fitting out for the Russian government,
and asking the United States government
to investigate the facts, and should the
charges be confirmed, to take measures to
defeat hostile intentions of the persons
engaged in fitting out said vessel. ́Atten-
tion is also asked to Mr. Barclay's state-
ment that a plan exists for equipping
similar vessels in other United States
ports.

12 Inclosing copy of Mr. Crampton's note of
October 11, with accompanying affidavits,
in reference to bark Maury.

Mr. Cushing to Oct. 12 Telegraphic order to take information from
Mr. McKeon.
Mr. Barclay, and prosecute bark Maury if
cause appears.

Mr. Cushing to Oct. 12 Notifying Secretary of State of instructions
Mr. Marcy.
sent to United States attorney at New
York in respect to bark Maury.
Requesting information in reference to bark
Maury.

Mr. McKeon to Oct. 13
Mr. Barclay.

Mr. McKeon to Oct. 13
Mr. Redfield.

Mr. Cushing to
Mr. McKeon.

Asking an inspector to be sent on board bark
Maury to examine her cargo, and that her
clearance be delayed until inspector's
report is received.

Oct. 13 Inclosing copy of Mr. Crampton's note of the
11th in regard to the bark Maury, referred
to in telegram of 12th.
Inclosing report of inspectors who examined
the bark Maury.

Mr. Benedict to Oct. 15
Mr. Redfield.
Mr. McKeon to Oct. 16
Mr. Edwards.

Notifying him that a libel has been prepared
against the bark Maury in consequence of
charges of British minister, and that
verification of the pleading by some one
representing British government is neces-

sary.

Mr. McKeon to Oct. 17 Reporting that a libel was that day filed in
Mr. Cushing.

United States district court against the
bark Maury under third section of neu-
trality act of April 20, 1818.

Mr. McKeon to Oct. 17 Requesting a careful examination and report
Mr. Hillyer.

as to cargo of the bark Maury, intimating
that munitions of war are supposed to be
stowed under the coal in her hold.

Page.

47

Mr. A. A. Low to Oct. 18
Mr. McKeon.

Sworn statement of Mr. Low and Nathan B. Palmer explaining the construction and armament of the bark Maury, and pledging themselves to prove to the satisfaction of the British consul that the charges against said bark are groundless. Requesting, also, that in case of such satisfactory proof the consul bear the expense thereof. Mr. Hillyer to Oct. 19 Reporting examination of cargo of bark Mr. McKeon.

Maury and stating that should it be found
necessary to overhaul it thoroughly and
take out the coal, the expense would prob-
ably reach one hundred and fifty or two
hundred dollars.

Mr. Edwards to Oct. 19 Expressing satisfaction with Mr. Low's
Mr. McKeon.
statement, and his opinion that the libel
against bark Maury should be lifted.

Mr. McKeon to Oct. 19 Inclosing statement of one of the firm of
Mr. Cushing.

Mr. Cushing to Oct. 19
Mr. Marcy.

Mr. Cushing to Oct. 22
Mr. McKeon.
Mr. Cushing to Oct. 22
Mr. Marcy.

Messrs. A. A. Low & Brothers to Mr. Stevens.

1838.

A. A. Low & Brothers, owners of the bark
Maury, and letter of Mr. Edwards in ref-
erence to that vessel; also, stating that
he had discharged the vessel, and asking
approval of Attorney General.
Inclosing Mr. McKeon's letter of this date in
reference to bark Maury.

Acknowledging receipt of his letter of 19th
and approving his course therein described.
Communicating history and result of pro-
ceedings in case of bark Maury, and giv-
ing a resumé of affidavits, statements, and
explanations in said case. Inclosing
copies of Mr. McKeon's report on affida-
vits submitted by parties interested in
Maury and Mr. Edward's letter to Mr.
McKeon.

on

Giving statement of proceedings in case of
bark Maury, and inclosing card from Mr.
Barclay, published in New York Herald,
denying that munitions were found "con-
cealed under a quantity of cotton
board," and stating that had the Messrs.
Low's explanations been given sooner, the
course adopted would not have been re-
sorted to. Messrs. Low complain of the
character of the proceedings against their
vessel, and of the insufficiency of Mr. Bar-
clay's apology.

Act of Congress.. Mar. 10 Concerning punishment of military expedi

tions against the conterminous territory

of foreign governments at peace with the
United States.

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58

58

59

59

59

59

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62

GENERAL APPENDIX No. V.

Rights accorded to neutral and rights claimed by belligerents.

1854.

The President to May 11 the House of Represent's.

Transmitting report of the Secretary of State,
with accompanying papers, in response to
resolution of the 1st instant. H. Ex. Doc.
No. 103, 33d Congress, 1 sess.

64

Mr. Marcy to the
President.

1854. May 11

Transmitting copies of correspondence be-
tween United States and foreign govern-
ments concerning rights of neutrals and
of belligerents in the pending war with
Europe. Called for by resolution of the
House of Representatives of the 1st instant.

Mr. Crampton to Apr. 21 Stating that the English and French gov-
Mr. Marcy.

ernments have decided not to issue letters
of marque, &c., in the war with Russia.
Inclosing a copy of Queen's proclamation
asserting her right to seize contraband of
war and maintain blockade as against
neutrals; but waiving her right to seize
enemy's property on board of neutral, or
neutral property on board of enemy's
ships, and to issue letters of marque. Her
Majesty's government confidently trusts
that the United States will observe the
strictest neutrality.

Count de Sar- Apr. 28 | Stating that the French and English gov-
tiges to Mr.
Marcy.

ernments have decided not to issue letters
of marque, &c., in the war with Russia,
and inclosing copy of the Emperor's pro-
clamation, identical in terms with that of
the Queen of England. His Majesty con-
fidently trusts that the United States will
observe the strictest neutrality.

Mr. Marcy to Mr. Apr. 28 Acknowledging receipt of his note of the
Crampton.

Mr. Crampton to May
Mr. Marcy.

21st, covering copy of Queen's proclama-
tion in reference to rules of conduct to be
observed in war with Russia. These com-
munications having been submitted to
the President, he expresses his satisfac-
tion that the doctrine of "free ships make
free goods," so long contended for by
United States, has received qualified sane-
tion of Great Britain and France, and his
wish that it might be henceforth fully
recognized as a rule of international law.
The United States desire to unite with
other powers in a declaration to that ef-
fect. The United States will observe the
strictest neutrality in the forthcoming
war, and will rigidly enforce obedience to
its laws upon that subject.

9 Inclosing copy of the London Gazette of the
18th ultimo, containing two orders of the
Queen, extending to the 15th instant the
time allowed for Russian ships to clear
from, and bring cargoes to, Great Britain
from Russian ports not blockaded, and
granting additional facilities to trade with
such ports.

Mr. Buchanan to Feb. 24 Detailing conversation with Lord Clarendon
Mr. Marcy.

in reference to course to be pursued by
Great Britain with regard to neutrals
during impending war. Lord Clarendon
said that subject was before cabinet, but
not yet decided. Decision should be at
once communicated to Mr. Buchanan. Mr.
Buchanan contended for the American
doctrine of "free ships, free goods." and
referred to the evil consequences hitherto

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