Mr. Adams to Mr. Seward.

No. 432.]

Sir: I have the honor to transmit a copy of a note from Lord Russell to me, of the 12th instant, in reply to my representation of the case of the steamer Southerner, as reported in my number 425, of the 5th of June. I had not been led to expect any other answer, especially after I learned that the deposition of the principal witness, Mr. Langley, was put at once into the hands of the parties complained of. This is not the first time that the action of the subordinate officers employed by the government has had the effect of preventing rather than promoting the development of testimony likely to inculpate the offenders. Thus it happens that the Phantom has actually sailed, and the Southerner will soon sail, probably to turn up, in some shape or other, as active participants in the hostilities carried on by the rebels on the ocean, against the people of the United States

The trial of the Alexandra is now set down to take place on Monday next, the 22d instant. Mr. Evarts will probably give you such information, in regard to the preparation of the case for the prosecution, as may dispense with the necessity of my enlarging upon it further. I cannot say that my hopes of success are very sanguine. The state of opinion is not such here, on the question of furnishing assistance to the rebels, as to counteract the prevailing disinclination to carry into effect the provisions of the enlistment law in any case. The predominating idea of the commercial classes is trade; they care not with whom, or with what consequences, short of absolute war. Juries are, therefore, likely to be slow to condemn any enterprise which is not marked as a direct hostile act. The government itself has too slight a hold on the confidence of Parliament, or the classes that it represents, to make it very strenuous in advocating any dubious cause. For these reasons I am not particularly confident of such a result as would be decisive of the maintenance of cordiality between the countries in regard to future outfits. The great issue that yet remains will be upon the iron-clad vessels building at Liverpool and Glasgow. This will probably come up somewhere in the month of August. That it will be materially [Page 317] affected by the law doctrines promulgated in the course of the pending trial can scarcely admit of a doubt. I am glad to find that Mr. Evarts is not without hopes of favorable results. A longer experience of the tendency of things in England qualifies mine very considerably.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, &c.

Lord Russell to Mr. Adams.

Sir: At the same time that I communicated to the lords of the treasury and to the secretary of state for the home department, as I informed you in my letter of the 4th instant, the statements respecting the Southerner, contained in your letter of the 3d instant, I submitted those statements also to the consideration of the law advisers of the crown; and I have since learned from them that, in their opinion, the evidence supplied by those statements would not support a charge against the vessel that she is so equipped, or fitted out, or destined, as to constitute a breach of the provisions of the foreign enlistment act, and that it, consequently, did not afford sufficient warrant for arresting the vessel.

The greater portion of the two depositions enclosed in your letter consists of hearsay matter, or statements of mere belief, which, according to American equally with British law, are inadmissible in a court of justice, and upon which her Majesty’s government could not legally proceed.

Attention will, nevertheless, continue to be paid to the vessel, with a view of guarding, as far as possible, against her being equipped in this country in a manner inconsistent with the provisions of the foreign enlistment act.

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

RUSSELL.

Charles Francis Adams, Esq.