English Neutrality: Is the Alabama a British Pirate?

IS THE ALABAMA A BRITISH PIRATE? 7 demands of eacli government, in cases of infraction of neutral rights in times past, will be important, for the purpose of ascertaining what, precisely, is the law of nations upon this point; but that must be postponed for a statement of some of the facts of which we now complain. Upon the breaking out of the rebellion, the British government made haste to concede belligerent rights to the insurgents, and to declare its intention to observe strict neutrality. The state of English law was such that this proclamation was entirely uncalled for, as it could neither increase nor decrease legal obligations or penalties ; and its only effect was to guarantee to adventurers, who might wish to enlist with the rebellion, that they should thereby undergo no greater risks than the ordinary chances of regular war. The promulgation of the first proposition was generally taken to be, and perhaps was, intended to relieve such persons from the character and ugly responsibility of pirates and freebooters. It became, in fact, an invitation, as it did not, on the other hand, enjoin vigilance upon officials or threaten punishment to offenders. Under this encouragement, the business of ship-building for the South commenced, and went on with a rapidity which was surprising to those who had forgotten that Manchester and Sheffield furnished supplies to maintain the Sepoy rebellion. The two principal cases are those of the war-steamers Oreto and Alabama. In February, 1862, it was notorious at Liverpool that the Oreto (now called the Florida), a newly-launched war-steamer, was intended for the Confederate service; and the American Minister, Mr. Adams, wrote to Lord Russell (Diplomatic Correspondence for 1862), notifying him of the Kingdom of Great Britain and Ireland, or in any part of his majesty’s dominions beyond the seas, without the leave and license of his majesty for that purpose first had and obtained, as aforesaid, shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, or cruiser, or other armed vessel, which, at the time of her arrival in any part of the United Kingdom, or any of his majesty’s dominions was a ship-of-war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in, or over any colony, province, or part of any province, or people, belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province, or country, under the control of any person or persons so exercising or assuming to exercise the powers of government; every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine or imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.”

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