No. 55. Mr. Elliot to Mr. Hammond. DOWNING STREET, May 15, 1863. (Received May 18.) SIR: I have laid before the Duke of Newcastle your letter of the 2d instant, inclosing a dispatch from Her Majesty's minister at Washington respecting the complaint made by the United States Government of undue partiality shown by the governor of Barbados to the confederate steamer Florida. I am to refer to the letter which was addressed to the Foreign Office upon this subject by his grace's desire on the 15th instant. [100] I am, &c., *No. 56. T. FREDK. ELLIOT. Mr. Hammond to the law-officers of the Crown. FOREIGN OFFICE, May 19, 1863. GENTLEMEN: With reference to your report of the 18th ultimo, respecting the alleged partiality shown by the governor of the Windward Islands to the confederate steamer Oreto, I am directed by Earl Russell to transmit to you, together with the previous papers, a letter from the Colonial Office, containing the Duke of Newcastle's observations upon the views stated in your report. I also transmit to you a dispatch and its inclosures which have been received from Her Majesty's minister at Washington on this subject; and I am to request that you will again take this matter into your consideration, and favor Lord Russell with such further observations as you may have to offer thereupon. I am, &c., (Signed) 2 E. HAMMOND. No. 57. The law-officers of the Crown to Earl Russell. TEMPLE, June 8, 1863. (Received June 9.) coaling. MY LORD: We are honored with your lordship's commands signified in Mr. Hammond's letter of the 19th May, ultimo, stating Further opinion of that, with reference to our report of the 18th April last, law-officers respecting the alleged partiality shown by the governor of the Windward Islands to the confederate steamer the Oreto, he was directed by your lordship to transmit to us, together with the previous papers, a letter from the Colonial Office, containing the Duke of Newcastle's observations upon the views stated in our report. Mr. Hammond was also pleased to transmit to us a dispatch, and its inclosures, which had been received from Her Majesty's minister at Washington on this subject, and to request that we would again take this matter into our consideration, and favor your lordship with such further observations as we might have to offer thereupon. In obedience to your lordship's commands we have taken this matter into consideration, and have the honor to report That we intended to express by our report that we thought the communications and explanations of Mr. Walker to Admiral Wilkes, regard being had to the character of that officer, were unnecessary and inexpedient; and that it appeared to us that they were likely to lead, as they appear to have done, to the difficulties which have arisen from the letter of Admiral Wilkes to Mr. Walker. That, with respect to the observance of Her Majesty's regulations, in answer to the questions of the Duke of Newcastle, we have the honor to state our opinion: That it is most desirable that the terms of Her Majesty's proclamation should be strictly adhered to; that coal ought not to be supplied to either belligerent, except in such quantity as may be necessary to " carry such vessel to the nearest port of her own country, or to some nearer destination ;" and that by these latter words it is not intended to include a mere cruising destination, but some definite port or place. That, therefore, coal granted at any of Her Majesty's ports, and consumed in cruising, ought not to be replenished under the terms of the proclamation; but that a vessel whose coal has, owing to real necessities arising from stress of weather, been prematurely exhausted, before she could (if time and weather were the only obstacles) reach her port of destination, ought not to be forbidden by the governor to coal, although within the time specified in the regulations. It would appear to us that the suggestion of sending an officer on board to verify in each case the necessity of coaling, would be likely to give great offense to belligerent men-of-war; but of course it would be competent to Her Majesty's government, if they thought fit, to make such a verification the condition of liberty to coal in Her Majesty's ports. We have, &c., (Signed) WM. ATHERTON. ROUNDELL PALMER. [101] * No. 58. Mr. Hammond to Mr. Elliot. FOREIGN OFFICE, June 12, 1863. SIR: I am directed by Earl Russell to state to you that he referred to the law-officers of the Crown your letter of the 15th ultimo, containing remarks upon the report made by those officers with regard to the partiality alleged to have been shown by the governor of the Windward Islands to the confederate steamer Oreto. I am now to transmit to you, to be laid before the Duke of Newcastle, a copy of a further report from the law-officers of the Crown in explanation and elucidation of their previous report; and, with reference to the suggestions therein made, I am to request that you will state to his grace that the restrictions as to coaling appear to Lord Russell to be reasonable. I am, &c., E. HAMMOND. 'No. 57. No. 59. Sir F. Rogers to Mr. Hammond. DOWNING STREET, June 25, 1863. (Received June 26.) Instructions to the SIR: I am directed by the Duke of Newcastle to acknowledge the receipt of your letter of the 12th instant, inclosing a further opinion of the law-officers of the Crown respecting the par- vernor. tiality alleged to have been shown by the governor of the Windward Islands to the confederate steamer Oreto. I request that you will state to Earl Russell that his grace proposes, with his lordship's concurrence, to address to Governor Walker, and to the governors of the several West Indian colonies, the following dispatches communicating his lordship's opinion in respect to the restrictions under which coals are to be furnished to Federal and confederate ships of war. I am, &c., FREDERIC ROGERS. [Inclosure 1 in No. 59.] Draught of dispatch to Governor Walker. DOWNING STREET, June —, 1863. SIR: I have received and had under my consideration your dispatch of the 7th March, giving an account of certain communications which have passed between yourself and Rear-Admiral Wilkes, of the United States Navy? You were quite right in refusing to enter into correspondence with that officer upon the matter adverted to in his dispatch of the 5th March. On this and other occasions it has become evident that interviews and explanations such as you accorded to RearAdmiral Wilkes were made the pretext for placing on record charges more or less direct against officers of Her Majesty. And I think that, as the governor of one of Her Majesty's colonies owes no explanation of his conduct to an officer of the United States Navy, it will be prudent hereafter to avoid such explanations as far as the rules of Courtesy will allow. It is the wish of Her Majesty's government that matters of complaint should in general be discussed between the two governments concerned rather than between any subordinate officers. With regard to the issue of coal to the war-vessels of the belligerents, you have, I think, allowed yourself too much liberty in giving the "special permission" to take in fuel contemplated in Her Majesty's proclamation. Coal, in the opinion of Her Majesty's government, ought not to be supplied to a vessel of war of either belligerent except in such quantity as may be necessary to carry such vessel to the nearest port of her own country, (or, of course, any nearer port,) and this, I will add, without reference [102] to the question whether the ports of that country are or are not under blockade. In case of such blockade it will rest with the officer in command to seek some more convenient destination. If within the period prescribed by the proclamation a vessel thus furnished with coal in one of Her Majesty's possessions should apply for a second supply in the same or another colony, the application may be granted if it is made to appear that, owing to real necessities arising from stress of weather, the coal originally given has been prematurely exhausted before it was possible that the vessel could, under existing circumstances, have reached the destination for which she coaled. But if it should be the case that the vessel has not, since taking in coal, been bona fide occupied in seeking her alleged destination, but has consumed her fuel in cruising, the coal should not be replenished under the terms of the proclamation. Such a case is not one to which the "special permission" referred to in that proclamation was intended to apply. Her Majesty's government are of opinion that the regulations of the proclamation thus interpreted should be strictly adhered to without any arbitrary concession to either belligerent. It is by such a course that misunderstandings and complaints of partiality will be most certainly avoided. An unauthorized concession to one belligerent, it may H. Ex. 282- -22 be safely assumed, will not be accepted by those to whom it is made as a justification of a similar concession in an opposite direction. I approve of your having communicated to the officers administering the government of the other West Indian Islands the fact that certain Federal and confederate vessels of war had called at Barbados. I shall instruct the governors of the other islands to follow the same course, communicating in all cases the name of the vessel, its alleged destination, and the date of receiving the coal, and the quantity allowed to be placed on board. I have, &c. Inclosure 2 in No. 59.] Draught of circular to all governors of the West Indian colonies except Barbados. DOWNING STREET, June 1863. SIR: I think it well to communicate to you the decisions at which Her Majesty's government have arrived on certain questions arising out of the instructions which I transmitted to you in my circular dispatch of the 1st February, 1862, respecting the duties of neutrality to be observed during the existing hostilities between the Federal and Confederate States of Circular to gover. Colonies as to coal nors of West Indian ing. North America. I must first, however, observe that the governor of one of Her Majesty's colonies owes no explanation of his conduct to an officer of the United States Navy, and that it will be prudent to avoid any detailed explanations as far as the rules of courtesy will allow. It is the wish of Her Majesty's government that matters of complaint should, in general, be discussed between the two governments concerned rather than between any subordinate officers. With regard to the issue of coal to the war-vessels of the belligerents, I have to state that coal supplied to a belligerent vessel of war, under the "special permission" contemplated in Her Majesty's proclamation, should be issued in no greater quantity than may be necessary to carry such vessel to the nearest port of her own country, (or, of course, any nearer port,) without reference to the question whether the ports of that country are or are not under blockade. In case of such blockade, it will rest with the officer in command to seek some more convenient destination. If, within the period prescribed by the proclamation, a vessel thus furnished with coal in one of Her Majesty's possessions should apply for a second supply in the same or another colony, the application may be granted, if it is made to appear that, owing to real necessities arising from stress of weather, the coal originally given has been prematurely exhausted before it was possible that the vessel could, under existing circumstances, have reached the destination for which it was coaled. But if it should be the case that the vessel has not, since taking in coal, been bona fide occupied in seeking her alleged destination, but has consumed her fuel in cruising, the coal should not be replenished under the terms of the proclamation. Such a case is not one to which the "special permission" referred to in the proclamation was intended to apply. [103] *Her Majesty's government are of opinion that the regulations of the proclamation thus interpreted should be strictly adhered to, without any arbitrary concession to either belligerent. It is by such a course that misunderstandings and complaints of partiality will be most certainly avoided. An unauthorized concession to one belligerent, it may be safely assumed, will not be accepted by those to whom it is made as a justification of a similar concession in the opposite direction. In the event of any Federal or confederate vessel of war coaling at any port of the colony under your government, I have to instruct you at once to communicate to the governors of the several West Indian colonies the name of the vessel, its alleged des fination, the date of receiving the coal, and the quantity allowed to be placed on I have, &c. board. No. 60. Mr. Layard to Sir F. Rogers. FOREIGN OFFICE, July 7, 1863. SIR: With reference to your letter of the 25th ultimo, I am directed by Earl Russell to request that you will state to the Duke of Newcastle that Lord Russell concurs in the instructions which his grace proposes to address to Governor Walker and to the governors of the several West India Islands, respecting the restrictions under which coals are to be furnished to Federal and confederate ships of war. I am, &c., No. 61. A. H. LAYARD. Earl Russell to Lord Lyons. FOREIGN OFFICE, July 9, 1863. MY LORD: With reference to your lordship's dispatch of the 17th April, relative to the partiality alleged to have been shown by the gov ernor of the Windward Islands to the confederate steamer Oreto, I transmit to you herewith a copy of a letter from the Colonial Office,1 inclosing copies of instructions which the Duke of Newcastle proposes to address to the governor of the Windward Islands and to the governors of the British West India colonies, respecting the restrictions under which coals are to be furnished to Federal and confederate ships of war. A copy of the answer which I have caused to be returned to the Colonial Office is likewise inclosed.2 I am, &c., RUSSELL. No. 62. The secretary to the admiralty to Mr. Hammond. Prize or tender ashore. ADMIRALTY, July 15, 1863. (Received July 17.) SIR: I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Her Majesty's secretary of state for foreign affairs, a copy of a letter, dated burned and drifted the 29th June, from Captain Tatham, of Her Majesty's ship Phaeton, at Saint Thomas, relating to a prize to the Florida (confederate Vessel) having been burned and the crew landed at Barbados, and re porting that General Santa Anna, formerly President of Mexico, had been recalled to that country. I am, &c., C. PAGET. 104) *[Inclosure in No. 62.] Captain Tatham to the secretary to the admiralty. [Extract.] PHAETON, Saint Thomas, June 29, 1863. The following extract from my letter of proceedings to the commander-in-chief may be interesting to their lordships: "Admiral Wilkes has been relieved by Admiral Lardner. The former has sailed in the Federal Alabama, for Havana; the latter, in the Ticonderoga, (screw, 16 guns,) |