V, 369-72.]
[Footnote 1004: Palmerston MS.]
[Footnote 1005: Bernard, p. 353. The case was heard in June, and the
seizure held unwarranted. Appealed by the Government this decision was
upheld by the Court of Exchequer in November. It was again appealed, and
the Government defeated in the House of Lords in April, 1864.]
[Footnote 1006: _Manchester Examiner and Times_, April 7, 1863. Goldwin
Smith was one of the principal speakers. Letters were read from Bright,
Forster, R.A. Taylor, and others.]
[Footnote 1007: F.O., Am., Vol. 869, No. 183.]
[Footnote 1008: "Historicus," in articles in the _Times_, was at this
very moment, from December, 1862, on, discussing international law
problems, and in one such article specifically defended the belligerent
right to conduct a cruising squadron blockade. See _Historicus on
International Law_, pp. 99-118. He stated the established principle to
be that search and seizure could be used "not only" for "vessels
actually intercepted in the attempt to enter the blockaded port, but
those also which shall be elsewhere met with and shall be found to have
been destined to such port, with knowledge of the fact and notice of the
blockade." (_Ibid._, p. 108.)]
[Footnote 1009: F.O., Am., Vol. 869, No. 158. Russell to Lyons, March
28, 1863.]
[Footnote 1010: F.O., Am., Vol. 881, No. 309. To Russell.]
[Footnote 1011: _Ibid._, No. 310. To Russell, April 13, 1863.]
[Footnote 1012: Russell Papers. To Russell, April 13, 1863.]
[Footnote 1013: F.O., Am., Vol. 882, No. 324. Copy enclosed in Lyons to
Russell, April 17, 1863.]
[Footnote 1014: Russell Papers. To Russell.]
[Footnote 1015: F.O., Am., Vol. 882, No. 341. Lyons to Russell, April
24, 1863.]
[Footnote 1016: Lyons Papers, April 27, 1863. Lyons wrote: "The stories
in the newspapers about an ultimatum having been sent to England are
untrue. But it is true that it had been determined (or very nearly
determined) to issue letters of marque, if the answers to the despatches
sent were not satisfactory. It is very easy to see that if U.S.
privateers were allowed to capture British merchant vessels on charges
of breach of blockade or carrying contraband of war, the vexations would
have soon become intolerable to our commerce, and a quarrel must
have ensued."]
[Footnote 1017: _Parliamentary Papers_, 1863, _Commons_, LXXII.
"Memorial from Shipowners of Liverpool on Foreign Enlistment Act."]
[Footnote 1018: _Ibid._]
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