[Untitled]
Sir: I received on the 25th ultimo your despatch of the 10th ultimo, enclosing a copy, taken from a newspaper, of a proclamation issued by the President of the United States on that day, declaring, among other matters, that “armed resistance to the authority of this government,” viz., the government of the United States, “may be regarded as virtually at an end, and the persons by whom that resistance as well as the operations of insurgent cruisers were directed are fugitives or captives.”
On the day following the receipt of your despatch intelligence reached this country of the capture of president Davis by the military, forces of the United States.
In this state of things her Majesty’s government lost no time in communicating with the government of the Emperor of the French as to the course which should be pursued by the [Page 178] two governments, and while these communications were in progress I received officially from Mr. Adams, on the 30th ultimo, a copy of the President’s proclamation of the 10th.
It would, indeed, have been more satisfactory if the government of the United States had accompanied the communication of the President’s proclamation with a declaration that they formally renounced the exercise, as regards neutrals, of the rights of a belligerent; but her Majesty’s government considered that, in the existing posture of affairs, the delay of any formal renunciation to that effect did afford to neutral powers sufficient warrant for continuing to admit the possession of a belligerent character by a confederation of States which had been actually dissolved. The late president of the so-called Confederate States has been captured and transported as a prisoner to Fort Monroe; the armies hitherto kept in the field by the Confederate States have, for the most part, surrendered or dispersed; and to continue to recognize those States as belligerents would not only be inconsistent with the actual condition of affairs, but might lead to much embarrassment and complication in the relations between the neutral powers and the government of the United States.
Her Majesty’s government have, accordingly, after communication with the government of the Emperor of the French, determined to consider the war which has lately prevailed between the United States and the so-called Confederate States of North America to have ceased de facto; and on that ground they recognize the re-establishment of peace within the whole territory of which the United States before the commencement of the civil war were in undisturbed possession.
As a necessary consequence of this recognition, her Majesty’s government will forthwith send to her Majesty’s authorities in all ports, harbors, and waters belonging to her Majesty, whether in the United Kingdom or beyond the seas, orders henceforth to refuse admission into any such ports, harbors, and waters of any vessel-of-war carrying a confederate flag, and to require any confederate vessels-of-war which, at the time that the orders may be received by her Majesty’s authorities, may have already entered such ports, harbors, and waters on the faith of proclamations heretofore issued by her Majesty, and which, having complied with the provisions of such proclamations, may be actually within such ports, harbors, and waters, forthwith to depart from the same.
But in adopting this decision as regards confederate vessels -of-war found within British ports, harbors, and waters when the orders are received by her Majesty’s authorities, her Majesty’s government consider that a due regard for national good faith and honor requires that her Majesty’s authorities should be instructed that any confederate vessels-of-war, so required to depart, should on their departure have the benefit of the prohibition heretofore enforced against their being pursued within twenty-four hours by a cruiser of the United States lying at the time within the same port, harbor, and waters; and that such prohibition should be then and for the last time maintained in favor of such confederate vessels-of-war. Her Majesty’s government cannot anticipate any objection being made by the government of the United States to this reserve, when the ground on which it is adopted is explained to that government.
Her Majesty’s government have, however, thought it right to provide for the contingency of the commander of any confederate vessel-of-war which may be found in any port, harbor, or. waters of her Majesty’s dominions at the time when these new orders are received by her Majesty’s authorities, or may enter such port, or harbor, or waters, within a month after these new orders are received, desiring to divest his vessel of her warlike character, and to assume the flag of any nation recognized by her Majesty’s government as in a state of peace with her Majesty,; and in such a case her Majesty’s authorities will be authorized to allow the commander of the vessel to do so, and, after disarming her, to remain without a confederate flag, within British warers, at his own risk in all respects; in which case such commander will be distinctly apprised that he is to expect no further protection from her Majesty’s government, except such as he may be entitled to in the ordinary course of the administration of the law in time of peace. The rule as to twenty-four hours would not be applicable to the case of such vessel.
I have to instruct you to lose no time in making known to the government of the United States, by communicating to the Secretary of State a copy of this despatch, the course of action on which her Majesty’s government have decided, and which they doubt not will be agreeable to the government of the United States. But, in making this communication to the Secretary of State, you will add that her Majesty’s government have adopted this course under the full persuasion that the government of the United States will on their part, at once, desist from exercising towards neutrals the rights of blockade, and of search and detention of neutral vessels on the high seas, which can be lawfully exercised by belligerents alone, and which a power not engaged in warfare cannot, under the law of nations, assume to exercise.
I have, &c,
Hon, Sir Frederick Bruce, G. C. B., &c., &c., &c.