It may admit of a doubt whether the notice of the abrogation of the agreement has been rendered inoperative by the communication thus made through the American minister, and, as it is essential that no misapprehension should exist on so important a point, I am instructed to ascertain whether the despatch to Mr. Adams of the 8th of March was intended as a formal withdrawal of the notice given by the American minister to Earl Russell on November the 23d, or whether, as the period of six months from the date of that notice has now elapsed, the agreement of 1817 is virtually at an end, and the abstinence of either party from increasing its force on the lakes, without further notice, rests merely on the good pleasure of each, unfettered by any diplomatic engagement. Her Majesty's government consider that, in the latter case, a very inconvenient state of things would exist; and I am directed to add, that it appears to her Majesty's government that the best course would be, that the notice of November 23d should be formally withdrawn, whereby the agreement of 1817 would remain unimpaired, and would continue binding on both parties until six months after fresh notice by either of them of its abrogation.

I have the honor to be, with high consideration, sir, your most obedient, humble servant,

SIR: I have the honor to acknowledge the receipt of your note of yesterday, relative to the notice given by Mr. Adams to Earl Russell in November, 1864, and also having reference to a subsequent note of the 8th of March, which Mr. Adams addressed to his lordship, touching the increase of naval armaments on the lakes. In reply, I have the honor to inform you that the instruction to the United States minister at London, upon which his note of the 8th of March referred to was based, was intended as a withdrawal of the previous notice within the time allowed, and that it is so held by this government.

I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD.

Hon. SIR FREDERICK W. A. BRUCE, &c., &c., &c.

Sir F. Bruce to Mr. Seward.

WASHINGTON, June 17, 1865.

SIR: I beg you to thank the president of the Soldiers' National Cemetery at Gettysburg for the invitation to attend the ceremony of laying the corner-stone of the monument at that place on the 4th of July.

I regret that circumstances put it out of my power to be present on so interesting an occasion.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c,

FREDERICK W. A. BRUCE.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, June 19, 1865.

SIR: Due consideration has been given to a despatch which Earl Russell addressed to you on the 2d of June, instant, and of which on the 14th instant you were so kind as to leave a copy at this department. The President is gratified by the information which that paper contains, to the effect that her Majesty's government has determined to consider the war which has lately prevailed between the United States and the insurgents of this country to have ceased de facto, and that her Majesty's government has recognized the reestablishment of peace within the whole territory of which the United States were in undisturbed possession at the beginning of the civil war.

The President is also gratified to learn from Earl Russell's despatch that her Majesty's government will forthwith send 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 the insurgent flag, and to require any insurgent vessels-of-war, which, after the time that the orders may be received by her Majesty's authorities, may have already entered such ports, and which, having complied with the previous proclamations of the British government, may be actually within such ports, harbors, and waters, forthwith to depart from the same.

It is with regret, however, that I have to inform you that Earl Russell's aforesaid despatch is accompanied by some explanations and reservations, which are deemed unacceptable by the government of the United States.

It is hardly necessary to say that the United States do not now admit what they have heretofore constantly controverted, that the original concession of belligerent privileges to the rebels by Great Britain was either necessary or just, or sanctioned by the law of nations.

The correspondence which took place between this government and that of her Majesty, at an early stage of the insurrection, shows that the United States deemed the formation of a mutual engagement by Great Britain with France, that those two powers would act in concert with regard to the said insurrection, to be an unfriendly proceeding, and that the United States therefore declined to receive from either of those powers any communication which avowed the existence of such an arrangement. I have, therefore, now to regret that Earl Russell has thought it necessary to inform this government that her Majesty's government have found it expedient to consult with the government of France upon the questions whether her Majesty's government will now recognize the restoration of peace in the United States.

It is a further source of regret that her Majesty's government avow that they will continue still to require that any United States cruisers which shall hereafter be lying within a British port, harbor, or waters, shall be detained twentyfour hours, so as to afford an opportunity for an insurgent vessel, she actually being within the said port, harbor, or waters, to gain the advantage of the same time for her departure from the same port, harbor, or waters.

It is a further source of regret that her Majesty's government have deemed it proper to make the additional reservation in favor of insurgent vessels-ofwar, that, for the period of a whole month, which shall elapse after the new orders now to be issued by her Majesty's government shall have been received by the said authorities, any insurgent vessel which may be found in, or may enter any port, harbor, or waters of her Majesty's dominions, and which may desire to divest itself of its warlike character and to assume the flag of any nation recognized by her Majesty's government with which her Majesty is at

peace, will be allowed to do so; and further, that such vessels, after disarming themselves, will be permitted to remain in such port, harbor, or waters without an insurgent flag, although the twenty-four-hours rule will not be applicable to the cases of such vessels. Far from being able to admit the legality or justice of the instruction thus made, it is my duty to inform your excellency that in the first place the United States cannot consent to an abridgment of reciprocal hospitalities between the public vessels of the United States and those of Great Britain. So long as her Majesty's government shall insist upon enforcing the twenty-four-hours rule, before mentioned, of which the United Sates have so long, and, as they think, so justly complained, the United Sates must apply the same rule to public vessels of Great Britain.

Again, it is my duty further to state that the United States cannot admit, and, on the contrary, they controvert and protest against, the decision of the British government which would allow vessels-of-war of insurgents or pirates to enter or to leave British ports, whether for disarmament or otherwise, or for assuming a foreign flag or otherwise. As to all insurgent or piratical vessels found in ports, harbors, or waters of British dominions, whether they entered into such ports, harbors, or waters before or after any new orders of her Majesty's government may be received by any authority of her Majesty's government established there, this government maintains and insists that such vessels are forfeited to and ought to be delivered to the United States upon reasonable application in such cases made; and that if captured at sea, under whatever flag, by a naval force of the United States, such a capture will be lawful.

Notwithstanding, however, the exceptions and reservations which have been made by her Majesty's government, and which have been herein considered, the United States accept with pleasure the declaration by which her Majesty's government have withdrawn their former concession of a belligerent character to the insurgents; and this government further freely admits that the normal relations between the two countries being practically restored to the condition in which they stood before the civil war, the right to search British vessels has come to an end by an arrangement satisfactory in every material respect between the two nations.

It will be a source of satisfaction to this government to know that her Majesty's government have considered the views herein presented in a spirit favorable to the establishment of a lasting and intimate friendship between the two nations.

I have the honor to be, with the highest consideration, sir, your obedient servant,

WILLIAM H. SEWARD.

Hon. SIR FREDERICK W. A. BRUCE, &c. &c., &c.

[Communicated by the British legation June 14, 1865, and referred to in the preceding note.]

FOREIGN OFFICE, June 2, 1865.

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 12 D C *

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.

RUSSELL.

Sir Frederick Bruce to Mr. Seward.

WASHINGTON, June 20, 1865. SIR: I have the honor to acknowledge the receipt of your note of the 19th instant, relative to Earl Russell's despatch of the 2d June, copy of which I left at the State Department, and I have forwarded a copy of that note to her Majesty's government.

It is not within my province to discuss the general observations therein contained on the despatch in question; but, as the construction I put on its terms differs on one important point from that contained in the note you have done me the honor to address to me, I'venture to submit at once the views I entertain of its intention for your consideration.

In that note it is stated that "her Majesty's government avow that they will continue still to require that any United States cruisers which shall hereafter be lying within a British port, harbor, or waters, shall be detained twenty-four hours so as to afford an opportunity for an insurgent vessel then actually being within the said port, harbor, or waters to gain the advantage of the same time for her departure from the same port, harbor, or waters."

On a mature consideration of the terms of Earl Russell's despatch, its intention appears to me to be different from the statement contained in the above extract. I understand it to lay down, that the benefit of the twenty-four-hours rule is withdrawn from the so-called confederate vessels-of-war, and that the only exception to this decision will occur under the following circumstances:

If a vessel of this description is lying in a British port when these fresh instructions are received by her Majesty's authorities, the said vessel having already entered that port on the faith of previous proclamations, and if a cruiser of the United States is lying in the same port, the said vessel is then and for the last time to enjoy the benefit of the twenty-four-hours rule.

According to my view, therefore, the case can only arise once on the receipt by her Majesty's authorities of the instructions alluded to in Earl Russell's despatch; nor do I understand, that, except in the particular and improbable contingency above mentioned, there will be any deviation hereafter from the rules of intercourse as practiced towards the vessels-of-war of a friendly state. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

FREDERICK W. A. BRUCE.

Mr. Hunter to Sir F. Bruce.

Department of State,

Washington, June 24, 1865.

SIR: I have the honor to acknowledge the receipt of your note of the 1st instant, and of the affidavits which accompanied it, in relation to the detention at New York of Ernest W. Pratt and Robert Green, late of the steamer City of Richmond, and, in reply, to inform you that Major General Dix has, by a letter of that date, been requested to discharge the men from custody.

Referring to your note of the 3d of April last, on that subject, I have the honor to state that these men were detained in conformity with the requirements of the passport regulations in force at the time of their arrival at New York, and with a view to an investigation of the circumstances of their participation in the manning and equipping of the Stonewall, but in view of the termination of