[134]
While we maintain and shall continue to uphold the right and duty of every citizen of the Confederate States and every foreigner enlisted in their service to wage warfare, openly or by strategem, upon the vessels of our enemies on the high seas, whether armed or not, we distinctly disclaim aud disavow all attempts to organize within neutral jurisdiction expeditions composed of neutral subjects for the purpose of carrying on hostilities against the United States.
The capture of the Chesapeake, therefore, according to the facts now disclosed, so far from forming the basis of any demand on the part of this Government, is disclaimed.
The President is much gratified that the superior judicial authorities of New Brunswick have rejected the pretentious of the Consul of the United States that the parties engaged in this capture should be surrendered under the Ashburton treaty for trial by the courts of the United States on charges of murder and piracy.
The case as presented seems to be simply that of men who, sympathizing with us in a righteous cause, erroneously believed themselves authorized to act as belligerents against the United States by virtue of Parker's possession of the letters of marque issued to the Privateer Retribution.
They may possibly have been conscious that they were acting in opposition to the policy and wishes of their Government; but no reason exists for supposing that they entertained any such motives as would justify their being charged with a graver misdemeanor than disobedience to Her Majesty's proclamation and to the foreign enlistment law of Great Britain.
It may not be without good effect that you should communicate to the Attorney-General of the Province, in the same unofficial manner in which you communicated the instructions relative to the return of our escaped prisoners, the views above expressed and the conclusion reached by this Government.
The President has not read without marked gratification your warm tribute to the grenerous gentlemen whose sympathies in our cause have been evidenced in so effective and disinterested a manner.
He begs that you will to each of them, Dr. Almon, Mr. Keith, Mr. Weir and Mr. Ritchie, address officially a letter in his name, returning his thanks and those of our country for testimonials of kindness, which are appreciated with peculiar sensibility, at a juncture when the Confederacy is isolated by the action of European governments from that friendly intercourse with other nations
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