Mr. Seward to Lord Lyons.
Department of State, Washington,
June 6, 1864
My Lord: Referring to your note of the 22d
ultimo, and to the despatch from the British consul, a copy of which
accompanied it, relative to the five persons taken on the Don, and which
embrace the case of Adolphus Russell, I have the honor to enclose for
your lordship’s information a copy of a letter, of the 27th ultimo, from
the Secretary of the Navy in regard to that case. With reference to your
remarks upon the general question of the treatment of British subjects
seized on board of vessels captured for breach of blockade, I have the
honor to enclose a copy of an instruction of the 9th ultimo, addressed
to Rear-Admiral Farragut, and which has also been sent to United States
marshals, commanders of squadrons, and commandants of navy yards, for
their guidance in disposing of the various classes of persons taken on
such vessels. A copy of this instruction was appended to the letter from
Mr. Welles.
I have the honor to be, with high consideration, my lord, your obedient
servant
Right Hon. Lord Lyons, &c., &c., &c.
Mr. Welles to Mr. Seward.
Navy Department, Washington,
May 27, 1864.
Sir: I have the honor to acknowledge the
receipt of your letter of the 25th instant, enclosing a further
note, dated the 22d instant, from Lord Lyons, relative to five persons belonging to the Scotia and
other vessels, who were confined in the county jail in Ludlow
street, New York.
All the persons named were discharged on the 19th instant, of which I
advised you in my letter of the 24th instant. Mr. Archibald, in his
note to Lord Lyons, refers to the case of Adolphus Russell, at
present confined in Ludlow street jail, who was captured violating
the blockade, claims to be a British subject, and swears that he has
never taken any oath of allegiance to a foreign state. I can only
repeat what I have before stated with regard to Mr. Russell. He was
sent north by acting Rear-Admiral Bailey with the following
memorandum in his case: “A citizen of Key West; was first captured
in the schooner Anna while attempting to run the blockade from the
Bahamas to Florida: took the oath of allegiance; was again captured
in the sloop Racer while attempting to run the blockade from Florida
to the Bahamas; is estimated a bad and faithless man.”
With this report before me, I am reluctant to give directions for the
release
[Page 630]
of Russell, and am
of the opinion that his case is one for further investigation, and
have therefore instructed acting Rear-Admiral Bailey to report all
the facts accessible in reference to Russell.
Very respectfully, &c.,
GIDEON WELLES, Secretary of the
Navy.
Hon. William H. Seward, Secretary of State, &c., &c.
[Sent to the U. S. marshals, commanders of squadrons, and
commanders of yards.]
Navy
Department,
May 9, 1864.
Sir: The following instructions will
hereafter be observed with regard to the disposition of persons
found on board vessels seized for breach of blockade :
1. Bona fide foreign subjects, captured in neutral vessels, whether passengers,
officers, or crew, cannot be treated as prisoners of war unless
guilty of belligerent acts, but are entitled to immediate release.
Such as are required as witnesses may be detained for that purpose,
and when their testimony is secured they must be unconditionally
released.
2. Foreign subjects captured in vessels without papers or colors, or
those sailing under the protection and flag of the insurgent
government, or employed in the service of that government, are
subject to treatment as prisoners of war, and if in the capacity of
officers or crew, are to be detained. If they were passengers only,
and have no interest in the vessel or cargo, and are in no way
connected with the insurgent government, they may be released.
3. Citizens of the United States captured either in neutral or rebel
vessels are always to be detained, with the following exceptions: If
they are passengers only, have no interest in vessel or cargo, have
not been active in the rebellion, or engaged in supplying the
insurgents with munitions of war, &c., and are loyally disposed,
they may be released on taking the oath of allegiance. The same
privilege may be allowed to any of the crew that are not seafaring
men, of like antecedents, and who are loyally disposed.
4. Pilots and seafaring men, except bona fide foreign subjects, captured in
neutral vessels are always to be detained. These are the principal
instruments in maintaining the system of violating the blockade, and
it is important to hold them. Persons habitually engaged in
violating the blockade, although they may not be serving on board
the vessels, are of this class, and are to be likewise detained.
5. When there is reason to doubt that those who claim to be foreign
subjects are in reality such, they will be required to state under
oath that they have never been, naturalized in this country, have
never exercised the privileges of a citizen thereof by voting or
otherwise, and have never been in the pay or employment of the
insurgent or so-called “confederate government.” On their making
such statement they may be released, provided you have not evidence
of their having sworn falsely. The examination, in case they are
doubtful, should be rigid.
6. When the neutrality of a vessel is doubtful, or when a vessel
claiming to be neutral is believed to be engaged in transporting
supplies and munitions of war for the insurgent government, foreign
subjects, captured in such vessels may be detained until the
neutrality of the vessel is satisfactorily established; it is not
advisable to detain such persons under this instruction, unless
there is good ground for doubting the neutrality of the vessel.
7. Parties who may be detained under the foregoing instructions are
to be
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sent to a northern
port for safe custody, unless there is a suitable place for keeping
them within the limits of your command, and the department furnished
with a memorandum in their cases respectively.
Very respectfully,
GIDEON WELLES, Secretary of the
Navy.
Rear-Admiral D. G. Farragut, Commanding W. G. B. Squadron, New
Orleans.
