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it is his wish that we should take the opinion of the law-officers as to the case of this vessel. It is stated that she is nearly ready for sea.

Sincerely yours,
(Signed)

GEO. A. HAMILTON. The papers thus sent were received at the Foreign Office on the 23d July, 1862, and were, on the same day, referred to the law-officers of the Crown, with the following letter: 1

M1. Layard to the lau-oficers of the Crown.

[Immediate.)

FOREIGN OFFICE, July 23, 1862. GENTLEMEX: With reference to your report of the 30th ultimo, I am directed by Earl Russell to transmit to you the accompanying papers, which have been received by the board of treasury from the commissioners of customs, containing further information respecting the vessel alleged to be fitting out at Liverpool for the service of the socalled Coufederate States; and I am to request that you will take the same into your consideration, and favor Lord Russell at your earliest convenience with your opinion thereupon. The former papers on this subject are inclosed for reference if required.

I am, &c.,
(Sigued)

A. H. LAYARD. It will have been seen from the above statement that the evidence laid by Mr. Dudley before the collector of customs at Liverpool on the 21st July was on the same day sent to London, on the following day (the 22d) referred to the official advisers of the customs department and reported on by them, and on the 23d referred to the law Officers of the Crown.

of the six depositions one only (that of Passmore) contained any evidence which was at once material to the question and legally admissible. To rely on evidence of this kind proceeding from a single witness, without inore corroboration or without inquiry into his antecedents, would, according to English judicial experience, have been very unsafe in a case of this nature. Of the contents of the five others the greater part was merely hearsay and not admissible as evidence; and they furnish grounds of suspicion, but not sufficient grounds for belief.

Copies of the depositions were also, on the 22d, sent by Mr. Adams to Earl Russell, with the following note: 1

Jr. Adams to Earl Russell.

LEGATION OF THE UNITED STATES,

London, July 22, 1862. MY LORD: I have the honor to transmit copies of six depositions taken at Liverpool, tending to establish the character and destination of the vessel to which I called your lordship's attention in my note of the 230 of June last.

The originals of these papers have already been submitted to the collector of the customs at that port, in accordance with the suggestions made in your lordship's note to me of the 4th of July, as the basis of an application to him to act under the powers conferred by the enlistment act. But I feel it to be my duty further to communicate the facts as there alleged to Her Majesty's government, and to request that such further proceedings may be had as may carry into full effect the determination which I doubt not it ever entertains to prevent, by all lawful means, the fitting out of hostile expeditions against the Government of a country with which it is at peace.

I avail, &c.,
(Signed)

CHARLES FRANCIS ADAMS. On the 230 July two additional depositions were sent by Mr. [92] A. T. Squarey, of *Liverpool, a solicitor employed by Mr. Dudley,

to the board of customs, with the following letter:
Appendix, vol. i, p. 193.

3 Ibid., p. 194.

1

Mr. Squarey to Mr. Gardner.

TAVISTOCK HOTEL, COVENT GARDEN,

London, July 23, 1862. Six: Referring to an application which I marle on behalf of the United States Government, under the instructions of their consul at Liverpool, to the collector of customs at Liverpool on Monday last, for the detention, under the provisions of the act 59 George III, cap. 69, of a steam gun-boat built by Messrs. Laird & Co., at Birkenhead, and which there is no doubt is intended for the Confederate States, to be used as a vessel of war against the United States Government, I beg now to inclose two aftidavits which reached me this morning from Liverpool; one made by Robert John Taylor, and the other by Edward Roberts, and which furnish additional proof of the character of the vessel in question.

I also inclose a case which has been submitted to Mr. Collier, Q. C., with his opinion thereon. I learnt this morning from Mr. O'Dowd that instructions were forwarded yesterday to the collector at Liverpool not to exercise the powers of the act in this instance, it being considered that the facts disclosed in the affidavits made before him were not sufficient to justify the collector in seizing the vessel. On behalf of the Government of the United States I now respectfully request that this matter, which I need not point out to you involves consequences of the gravest possible description, may be considered by the board of customs on the further evidence now adduced. The gun. boat now lies in the Birkenhead docks, ready for sea in all respects, with a crew of fifty men on board ; she may sail at any time, and I trust that the urgency of the case will excuse the course I have adopted of sevding these papers direct to the board instead of transmitting them through the collector at Liverpool, and the request which I now venture to make that the matter may receive immediate attention.

I have, &c., (Signed)

A. T. SQUAREY.

The two additional depositions wore as follows:

DEPOSITIOXS.

1.

I, Edward Roberts, of No. 6 Vere Street, Toxteth Park, in the county of Lancaster, ship-carpenter, make oath and say as follows:

1. I am a ship-carpenter, and bave been at sea for about four years in that capacity. 2. About the beginning of June last I had been out of employ for about two months, and hearing that there was a vessel in Messrs. Laird & Co.'s yard fitting ont to run the blockade, I applied to Mr. Barnett, shipping-master, to get ne shipped on board the said vessel.

3. On Thursday, the 19th day of June last, I went to the said Mr. Barnett's office, No. 11 Hanover street, Liverpool, in the county of Lancaster, and was engaged for the said vessel as carpenter's mate. By the direction of the said Mr. Barnett I met Captain Butcher the same day on the George's landing-stage, and followed him to Messrs. Laird & ('0's sbip-building yard, and on board a vessel lying there. The said Captain Butcher spoke to the boatswain about me, and I received my orders from the said butawain. At dinner-time the said day, as I left the yard, the gate-man asked me if I was going to work on that gun-boat;" to which I replied, “ Yes."

4. The said vessel is now lying in the Birkenhead float, and is known by the name So. 290. The said vessel has coal and stores on board. The said vessel is pierced for guns, I think four on a side, and a swivel gun. The said vessel is fitted with shot and canister racks, and has a magazine. There are about fifty men, all told, now on board the said vessel. It is generally understood on board of the said vessel that she is going to Nassau for the southern government.

5. I know Captain Bullock by sight, and have seen him on board of the said vessel five or six times; I have seen him go round the said vessel with Captain Butcher. I understood, both at Messrs. Laird & Co.'s yard and also on board the said vessel, that the said Captain Bullock was the owner of the said vessel.

6. I have been working on board the said vessel from the 19th day of June last up to the present time, with wages at the rate of £6 per month, payable weekly. I have signed po articles of agreement. The talk on board is that an agreement will be signed before sailing. (Signed)

EDWARD ROBERTS. Sworn at Liverpool, in the county of Lancaster, this 221 day of July, 1862, before me (Signed)

WM. BROWN, Justice of the Peace for Lancashire and Liverpool.

2.

1, Robert John Taylor, of Mobile, but at present remaining temporarily at Liverpool, mariner, make oath and say as follows: 1. I am a native of London, and 41 years of age. From fourteen years upward I

have followed the sea. During the last fifteen years I have been living in the Con[93] federate States of America, *principally at Savannah and Mobile, and since the

secession movement I have been engaged in running the blockade. I have run the blockade six times and been captured once.

2. The vessels in which I have been engaged in running the blockade have sailed from Mobile, and have gone to Havana and New Orleans. I am weil acquainted with the whole of the coast of the Confederate States, as I have been principally engaged since 1847 in trading to and from the Gulf ports.

3. I came to England after my release from Fort Warren, on the 29th of May ast. I came here with the intention of going to the Southern States, as I could not get there from Boston.

4. Mr. Rickarby, of Liverpool, a brother of the owner, at Mobile, of the vessel in which I was captured when attempting to run the blockade, gave me instructions to go to Captain Butcher at Laird's yard, Birkenhead. I had previously called on Mr. Rickarby, and told him that I wanted to go South, as the Northerners had robbed nie of my clothes when I was captured, and I wanted to have satisfaction.

5. I first saw Captain Butcher at one of Vr. Laird's offices last Thursday fortnight, (namely, the 3d of July last.). I told him that I had been sent by Mr. Rickarby, and asked him if he were the captain of the vessel which was lying in the dock. I told him that I was one of the men that had been captured in one of Mr. Rickarby's vessels, and that I wanted to get South in order to have retaliation of the Northerners for robbing me of my clothes. He said that if I went with him in his vessel I should very shortly have that opportunity.

6. Captain Butcher asked me at the interview if I was well acquainted with the Gulf ports, and I told him I was. I asked him what port he was going to, and he replied that he could not tell me then, but that there would be an agreement made before we left for sea. I inquired as to the rate of wages, and I was to get £4 108. per month, payable weekly.

7. I then inquired if I might consider myself engaged, and he replied, yes, and thai I might go on board the next day, which I accordingly did; and I have been working on board up to last Saturday night.

8. I was at the siege of Acre in 1840, in Her Majesty's frigate Pique, Captain Edward Boxer, and served on board for nine months. Captain Butcher's ship is pierced for eight broadside guns and four swivels or long-toms. Her magazine is complete, and she is fitted up in all respects as a man-of-war, withont hier ammunition. She is now chock-full of coals, and has, in addition to those in the hold, some thirty tons on deck.

9. One day, whilst engaged in heaving up some of the machinery, we were.singing a song, as seamen generally do, when the boatswain told us to stop that, as the ship was not a merchant-ship but a man-of-war. (Sigued)

ROBERT JOHN TAYLOR. Sworn at Liverpool, in the county of Lancaster, this 22d day of July, 1862, before (Signeul)

W. J. LAMPORT,

Justice of the Peace for Liverpool. The case and opinion which, together with the additional depositions, were mentioned and inclosed in Mr. Squarey's letter, were as folOw8:1

Case submitted to Mr. Collier, Q. C., and his opinion thereon.

me.

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You will receive, herewith, copies of the following affidavits in reference to a gunboat known as No. 290, which was built by Messrs. Laird & Co. at Birkenhead, as it is believed, for the Confederate States of America, and which is now lying ready for sea in all respects in the Birkenhead docks : No. 1. Affirmation of T. H. Dudley ; No. 2. Affidavit of J. de Costa; No. 3. Affidavit of Mr. Maguire ; No. 4. Affidavit of H. Wilding and M. Maguire ; No. 5. Affidavit of A. S. Clare; No. 6. Affidavit of William Passmore; No. 7. Attidavit of Edward Roberts ; No. 8. Affidavit of Robert John Taylor. An application has been made, on the affidavits Nos. 1 to 6 inclusive, to the collector of customs at Liverpool, to detain the vessel under the provisions of the act 59 Geo. III, cap. 69; but, under the advice of the solicitors to the customs, the board have declined to sanction the detention of the vessel.

Appendis, vol. i, p. 196.

You are requested to advise the consul for the United States at Liverpool whether the affidavits now submitted to you would disclose facts which would justify the collector of customs in detaining the vessel under the act in question. JULY 23, 1862.

Opinion.

I have perused the above affidavits, and I am of opinion that the collector of customs would be justified in detaining the vessel. Indeed, I should think it his duty to detain her; and that if, after the application which has been made to him, supported by the evidence which has been laid before me, he allows the vessel to leave Liverpool, he will incur a heavy responsibility, a responsibility of which the board of customs, under whose directions he appears to be acting, must take their share.

It appears difficult to make out a stronger case of infringement of the foreign-enlistment act, which, if not enforced on this occasion, is little better than a dead letter.

It well deserves consideration whether, if the vessel be allowed to escape, the Federal Government would not have serious grounds of remonstrance. (Signed)

R. P. COLLIER. TEMPLE, July 23, 1862. 91 * The case and opinion, together with the additional deposi

tions, were referred to the assistant solicitor of customs, who on the same day reported as follows:

I have read the additional evidence, and I do not think that it materially strengthens the case of the applicants. As regards the opinion of Mr. Collier, I cannot concur in his views; but, adverting to the high character which he bears in his profession, I subunit that the board might act judiciously in recommending the lorıls of the treasury to take the opinion of the law officers of the Crown. (Signed)

J. O'DOWD. JCLY 23, 1862.

Mr. Squarey's letter, with the additional depositions and the case and opinion, were on the same 230 July sent by the board of customs to the treasury with a suggestion that the opinion of the law officers of the Crown should be taken on the matter. As soon as received at the treasury they were sent unofficially to Mr. Layard, who was at the time in the Honse of Commons. Mr. Layard, after communicating with Earl Russell, sent them at once, by his (Earl Russell's) instructions, to the law-officers of the Crown, with the following letter: 1

Mr. Layard to the lau-officers of the Crown.

FOREIGN OFFICE, July 23, 1862. GENTLEMEN: With reference to my letter of this morning, sending to you papers respecting the vessel stated to be preparing for sea at Birkenhead for the service of the government of the so-styled Confederate States of North America, I am directed by Earl Russell to transmit to you a further letter from the commissioners of customs, inclosing additional papers respecting this vessel ; and I am to request that you will take these papers into your consideration, and favor Lord Russell at your earliest convenience with your opinion as to the steps which ought to be taken by Her Majesty's government in the matter.

I am, &c.,
(Signed)

A. H. LAYARD.

Copies of the papers sent by Mr. Squarey were on the 26th July received by Earl Russell from Mr. Adams, together with the following letter:

Mr. Adams to Earl Russell.

LEGATION OF THE UNITED STATES,

London, July 24, 1862. MY LORD: In order that I may complete the evidence in the case of the vessel now fittiog out at Liverpool, I have the honor to submit to your lordship's consideration the copies of two more depositions taken respecting that subject.

Appendix, vol. i, p. 197.

1

In the view which I have taken of this extraordinary proceeding as a violation of the enlistment act, I am happy to find myself sustained by the opinion of an eminent lawyer of Great Britain, a copy of which I do myself the honor likewise to transmit.

Renewing, &c.,
(Signed)

CHARLES FRANCIS ADAMS. On the 25th July a further deposition was received by the board of customs from Mr. Squarey, referred to the assistant solicitor of customs, and transmitted to the treasury; from whence on Saturday, the 26th of July, it was sent to the Foreign Office, and was on the same day referred to the law officers of the Crown, with a request that they would take it into consideration together with the other papers then before them relating to the same subject. This further deposition was as follows:

A fidavit of Henry Redden. I, Henry Redden, of Hook street, Liverpool, in the county of Lancaster, seaman, make oath and say as follows:

1. I am a seaman, and have followed the sea for fifteen years. I have been boatswaip on board both steamers and sailing-vessels, and belong to the naval reserve.

2. About six weeks ago I was engaged by Captain Butcher (with whom I have previously sailed) as boatswain on board a vessel then in Messrs. Laird & Co.'s shipbuilding yard, but now lying in the Birkenhead float, and known by the name No. 290. The said Captain Butcher offered me £10 per month, and said an agreement should be signed when we got outside. He told me that we should have plenty of money when we got home, as we were going to the Southern States on a speculation to try and get some. [95] *3. The crew now on board the said vessel consists of about forty men, but I

believe that she will take to sea about one hundred men, all told. It is generally understood on board that she will clear for Nassau, but not make that port. The said vessel has all her stores and coals on board ready for sea. She is fitted in all respects as a man-of-war, to carry six broadside-guns and four pivots, but has no guns or ammunition on board as yet. The rules on board are similar to those in use on a manof-war, and the men are not allowed to sing as they do on a merchantman. The call is used on board. The said vessel is of about 1,100 tons burden.

4. I know Captain Bullock. He has been superintending the building of the said vessel in Messrs. Laird & Co.'s yard, and is, I believe, to take charge of the vessel when we get outside.

It is generally understood on board the said vessel that she belongs to the confederate government. (Signed)

HENRY REDDEN. Sworn this 24th day of July, 1862, before me. (Signed)

JOHN STEWART,

A Justice of the Peace for the County of Lancaster. On this deposition the assistant solicitor of customs had, on the 25th July, reported as follows:

I submit a reference to my former reports, to the opinions expresseil in which I feel still bound to adhere. So far from giving additional force to the application, the attidavit of Henry Redden appears to me to weaken it, as, after the lapse of several days since the date of the former affidavits, the applicants are confessedly unable to make out a better justification for detaining the vessel. It is, no doubt, difficult to procure satisfactory evidence in such a case; but, in the absence of at least a clear prima facie case, there cannot exist those grounds for detaining the vessel which the foreign enlistment act contemplates. (Signed)

J. O'DOWD. CUSTOMS, July 25, 1862.

From the above statement it will have been seen that the additional papers sent Mr. Squarey on the 23d were on the same day referred by the board of customs to their official adviser and reported on by him, and were also on the same day transmitted by the board, through the treasury, to the foreign office and thence referred to the law officers of the Crown.

Appendix, vol. i, p. 198.

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